Title 2 Part 782
Title 2 → Subtitle B → Chapter VII → Part 782
Electronic Code of Federal Regulations e-CFR
Title 2 Part 782
PART 782—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
Authority: 41 U.S.C. 701-707.
Source: 76 FR 34574, June 14, 2011, unless otherwise noted.
§782.10 What does this part do?
This part requires that the award and administration of USAID grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter referred to as “the Act”) that applies to grants. It thereby—
(a) Gives regulatory effect to the OMB guidance (Subparts A through F of 2 CFR Part 182) for USAID's grants and cooperative agreements; and
(b) Establishes USAID policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Government wide implementing regulations.
§782.20 Does this part apply to me?
This part and, through this part, pertinent portions of the OMB guidance in subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a—
(a) Recipient of a USAID grant or cooperative agreement; or
(b) USAID awarding official.
§782.30 What policies and procedures must I follow?
(a) General. You must follow the policies and procedures specified in applicable sections of the OMB guidance in Subparts A through F of 2 CFR part 182, as implemented by this part.
(b) Specific sections of OMB guidance that this part supplements. In implementing the OMB guidance in 2 CFR part 182, this part supplements four sections of the guidance, as shown in the following table. For each of those sections, you must follow the policies and procedures in the OMB guidance, as supplemented by this part.
|Section of OMB guidance||Section in this part where supplemented||What the supplementation clarifies|
|(1) 2 CFR 182.225(a)||§782.225||Whom in USAID a recipient other than an individual must notify if an employee is convicted for a violation of a criminal drug statute in the workplace.|
|(2) 2 CFR 182.300(b)||§782.300||Whom in USAID a recipient who is an individual must notify if he or she is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity.|
|(3) 2 CFR 182.500||§782.500||Who in USAID is authorized to determine that a recipient other than an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part.|
|(4) 2 CFR 182.505||§782.505||Who in USAID is authorized to determine that a recipient who is an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part.|
(c) Sections of the OMB guidance that this part does not supplement. For any section of OMB guidance in Subparts A through F of 2 CFR part 182 that is not listed in paragraph (b) of this section, USAID policies and procedures are the same as those in the OMB guidance.
Subpart A—Purpose and Coverage [Reserved]
Subpart B—Requirements for Recipients Other Than Individuals
§782.225 Whom in USAID does a recipient other than an individual notify about a criminal drug conviction?
A recipient other than an individual that is required under 2 CFR 182.225(a) to notify Federal agencies about an employee's conviction for a criminal drug offense must notify—
(a) Federal agencies if an employee who is engaged in the performance of an award informs you about a conviction, or you otherwise learn of the conviction. Your notification to the Federal agencies must—
(1) Be in writing;
(2) Include the employee's position title;
(3) Include the identification number(s) of each affected award;
(4) Be sent within ten calendar days after you learn of the conviction; and
(5) Be sent to every Federal agency on whose award the convicted employee was working. It must be sent to every awarding official or his or her official designee, unless the Federal agency has specified a central point for the receipt of the notices.
(b) Within 30 calendar days of learning about an employee's conviction, you must either—
(1) Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or
(2) Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency.
Subpart C—Requirements for Recipients Who Are Individuals
§782.300 Whom in USAID does a recipient who is an individual notify about a criminal drug conviction?
A recipient who is an individual and is required under 2 CFR 182.300(b) to notify Federal agencies about a conviction for a criminal drug offense must notify each USAID office from which it currently has an award.
Subpart D—Responsibilities of Agency Awarding Officials
§782.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB guidance?
To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance at 2 CFR part 182, you must include the following term or condition in the award:
Drug-free workplace. You as the recipient must comply with drug-free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of 782, which adopts the Government-wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
Subpart E—Violations of This Part and Consequences
§782.500 Who in USAID determines that a recipient other than an individual violated the requirements of this part?
The Director of the Office of Acquisition and Assistance is the official authorized to make the determination under 2 CFR 182.500.
§782.505 Who in USAID determines that a recipient who is an individual violated the requirements of this part?
The Director of the Office of Acquisition and Assistance is the official authorized to make the determination under 2 CFR 182.505.
§782.605 Award (USAID supplement to Government-wide definition at 2 CFR 182.605)
Award means an award of financial assistance by the U.S. Agency for International Development or other Federal agency directly to a recipient.
(a) The term award includes:
(1) A Federal grant or cooperative agreement, in the form of money or property in lieu of money.
(2) A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under the Government-wide rule that implements OMB Circular A-102 (for availability, see 5 CFR 1310.3) and specifies uniform administrative requirements.
(b) The term award does not include:
(1) Technical assistance that provides services instead of money.
(3) Loan guarantees.
(4) Interest subsidies.
(6) Direct appropriations.
(7) Veterans' benefits to individuals (i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States).
(c) Notwithstanding paragraph (a)(2) of this section, this paragraph is not applicable to AID.