Regulations last checked for updates: Nov 23, 2024

Title 34 - Education last revised: Nov 15, 2024
§ 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; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327)
§ 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 §§ 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 individualA, B and E.
(2) A recipient who is an individualA, C and E.
(3) A(n) ED awarding officialA, D and E.
(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082,1094,1221e; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327)
§ 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; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327)
§ 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 § 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; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327)
authority: E.O.s 12549 and 12689; 20 U.S.C. 1082,1094,1221e; 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.
cite as: 34 CFR 84.110