TITLE 34--EDUCATION PART 84_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Subpart A_Purpose and Coverage Sec. 84.100 What does this part do? 84.105 Does this part apply to me? 84.110 Are any of my Federal assistance awards exempt from this part? 84.115 Does this part affect the Federal contracts that I receive? Subpart B_Requirements for Recipients Other Than Individuals 84.200 What must I do to comply with this part? 84.205 What must I include in my drug-free workplace statement? 84.210 To whom must I distribute my drug-free workplace statement? 84.215 What must I include in my drug-free awareness program? 84.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? 84.225 What actions must I take concerning employees who are convicted of drug violations in the workplace? 84.230 How and when must I identify workplaces? Subpart C_Requirements for Recipients Who Are Individuals 84.300 What must I do to comply with this part if I am an individual recipient? 84.301 [Reserved] Subpart D_Responsibilities of ED Awarding Officials 84.400 What are my responsibilities as an ED awarding official? Subpart E_Violations of This Part and Consequences 84.500 How are violations of this part determined for recipients other than individuals? 84.505 How are violations of this part determined for recipients who are individuals? 84.510 What actions will the Federal Government take against a recipient determined to have violated this part? 84.515 Are there any exceptions to those actions? Subpart F_Definitions 84.605 Award. 84.610 Controlled substance. 84.615 Conviction. 84.620 Cooperative agreement. 84.625 Criminal drug statute. 84.630 Debarment. 84.635 Drug-free workplace. 84.640 Employee. 84.645 Federal agency or agency. 84.650 Grant. 84.655 Individual. 84.660 Recipient. 84.665 State. 84.670 Suspension. Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327, unless otherwise noted. Source: 68 FR 66557, 66610, Nov. 26, 2003, unless otherwise noted. Subpart A_Purpose and Coverage Sec. 84.100 What does this part do? This part carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assistance awards, as a matter of Federal Government policy. (Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.) Sec. 84.105 Does this part apply to me? (a) Portions of this part apply to you if you are either-- (1) A recipient of an assistance award from the Department of Education; or (2) A(n) ED awarding official. (See definitions of award and recipient in Sec. Sec. 84.605 and 84.660, respectively.) (b) The following table shows the subparts that apply to you: ------------------------------------------------------------------------ If you are . . . see subparts . . . ------------------------------------------------------------------------ (1) A recipient who is not an A, B and E. individual. (2) A recipient who is an individual... A, C and E. (3) A(n) ED awarding official.......... A, D and E. ------------------------------------------------------------------------ Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.) Sec. 84.110 Are any of my Federal assistance awards exempt from this part? This part does not apply to any award that the ED Deciding Official determines that the application of this part would be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government. Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.) Sec. 84.115 Does this part affect the Federal contracts that I receive? It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in Sec. 84. 510(c). However, this part does not apply directly to procurement contracts. The portion of the Drug-Free Workplace Act of 1988 that applies to Federal procurement contracts is carried out through the Federal Acquisition Regulation in chapter 1 of Title 48 of the Code of Federal Regulations (the drug-free workplace coverage currently is in 48 CFR part 23, subpart 23.5). (Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)
EDGAR version June 23, 2005