---
kind: "section"
citation: "2 C.F.R. § 1108.2"
title: "2"
number: "1108.2"
heading: "Precedence of definitions of terms in national policy requirements."
url: "https://uscodex.org/cfr/2/1108.2"
---

# §1108.2. Precedence of definitions of terms in national policy requirements.

- (a) **General.** Some portions of the DoD Grant and Agreement Regulations (DoDGARs) may use a term in relation to compliance with a national policy requirement in a statute, Executive order, or other source that defines the term differently than it is defined in [subpart B](/cfr/2/subpartB.md) of this part. For purposes of that particular national policy requirement, the definition of a term provided by the source of the requirement and any regulation specifically implementing it takes precedence over the definition in [subpart B](/cfr/2/subpartB.md) of this part. Using the definition of a term that takes precedence for each national policy requirement is therefore important when determining the applicability and effect of that requirement.
- (b) **Examples.**
  - (1) Current portions of the DoDGARs that specifically implement national policy requirements, as described in [paragraph (a)](#a) of this section, are:
    - (i) A Governmentwide regulation currently codified by DoD at [32 CFR part 26](/cfr/32/part26.md), which implements the Drug-Free Workplace Act of 1988 as it applies to grants (41 U.S.C. chapter 81, as amended);
    - (ii) A Government regulation currently codified by DoD at [32 CFR part 28](/cfr/32/part28.md), which implements restrictions on lobbying in [31 U.S.C. 1352](/usc/31/1352.md);
    - (iii) A DoD regulation at [part 1125](/cfr/2/part1125.md) of this chapter, which implements Governmentwide guidance on nonprocurement debarment and suspension ([2 CFR part 180](/cfr/2/part180.md)) that has bases both in statute (section 2455 of Public Law 103-355, 108 Stat. 3327) and in Executive orders 12549 and 12689; and
    - (iv) [Part 1122](/cfr/2/part1122.md) of this chapter, which provides standard wording of terms and conditions related to a number of national policy requirements.
  - (2) To illustrate that a term may be defined differently in conjunction with specific national policy requirements than it is in this part, the term “State” is defined differently in the drug-free workplace requirements at [32 CFR part 26](/cfr/32/part26.md), the lobbying restrictions at [32 CFR part 28](/cfr/32/part28.md), and [Subpart B](/cfr/2/subpartB.md) of this part.

## Notes

### Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

### Source

Source: 85 FR 51230, Aug. 19, 2020, unless otherwise noted.