PART 421—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Authority: 41 U.S.C. 701-707. Source: 76 FR 76610, Dec. 8, 2011, unless otherwise noted. § 421.10 What does this part do? This part requires that the award and administration of USDA 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. 8101-8106, 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 USDA's grants and cooperative agreements; and (b) Establishes USDA 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. 8106 for Governmentwide implementing regulations. [76 FR 76610, Dec. 8, 2011, as amended at 89 FR 68333, Aug. 26, 2024] § 421.20 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 USDA grant or cooperative agreement; or (b) USDA awarding official. § 421.30 What policies and procedures must I follow? (a) General. (b) Specific sections of OMB guidance that this part supplements. Section of OMB guidance Section in this part where supplemented What the supplementation clarifies (1) 2 CFR 182.225(a) § 421.225 Whom in the USDA 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) § 421.300 Whom in the USDA 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 § 421.500 Who in the USDA 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 § 421.505 Who in the USDA 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. Subpart A—Purpose and Coverage [Reserved] Subpart B—Requirements for Recipients Other Than Individuals § 421.225 Whom in the USDA 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 the awarding official for each USDA agency from which the recipient currently has an award. Subpart C—Requirements for Recipients Who Are Individuals § 421.300 Whom in the USDA does a recipient who is an individual notify about a criminal drug conviction? A recipient who is an individual that is required under 2 CFR 182.300(b) to notify Federal agencies about a conviction for a criminal drug offense must notify the awarding official for each USDA agency from which the recipient currently has an award. Subpart D—Responsibilities of Agency Awarding Officials § 421.400 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. [89 FR 68333, Aug. 26, 2024] Subpart E—Violations of This Part and Consequences § 421.500 Who in the USDA determines that a recipient other than an individual violated the requirements of this part? The Secretary of Agriculture and the Secretary's designee or designees are authorized to make the determination under 2 CFR 182.500. § 421.505 Who in the USDA determines that a recipient who is an individual violated the requirements of this part? The Secretary of Agriculture and the Secretary's designee or designees are authorized to make the determination under 2 CFR 182.505.