-
https://clinton.presidentiallibraries.us/files/original/eb547a384735e2ac9223031c8345f0c3.pdf
d6e2ea57cc9c11bcc5099ee0955173ca
PDF Text
Text
FOIA Number:
2006-0469-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Speechwriting
Series/Staff Member:
Michael Waldman
Subseries:
OA/ID Number:
13641
FolderlD:
Folder Title:
[Statement of the U.S. Chamber of Congress on the 1946 Federal Regulation of Lobbying Act] [4]
Stack:
Row:
Section:
Shelf:
Position:
S
92
3
2
3
�676
PUBLIC LAW 101-121—OCT. 23,1989
103 STAT. 753
"(7) The Director of the Office of Management and Budget, after
consulting with the Secretary of the Senate and the Clerk of the
House of Representatives, shall issue guidance for agency
implementation of, and compliance with, the requirements of this
section.
"(CXI) Any person who makes an expenditure prohibited by Law
enforcement end
subsection (a) or this section shall be subject to a civil penalty of not crime.
[
leas than $10,000 and not mora than $100,000 for each such expenditure.
"(2XA) Any person who fails to file or amend a declaration
. required to befiledor amended under subsection (b) of this section
•hall be subject to a dvil penalty of not less than $10,000 and not
more than $100,000 for eacn such failure.
"(B) Afilingof a declaration of a declaration amendment on or
after the date on which an administrative action for the imposition .
of a civil penalty under this subsection is commenced does not
prevent the imposition of such civil penalty for a failure occurring
before that date. For the purposes of this subparagraph, an adminis- .
trative action is commenced with respect to a failure when an
investigating official determines in writing to commence an investigation of an allegation of such failure.
"(3) Sections 3803 (except for subsection (c)), 3804,3805,3806, 3807.
3808, and 3812 of this title shall be applied, consistent with the
requirementa of this section, to the imposition and collection of civil
penalties under this subsection.
"(4) An imposition of a civil penalty under this subsection does not
prevent the United States from seeking any other remedy that the
United States may have for the same conduct that is the basis for
the imposition of such dvil penalty.
"(dXD The official of each agency referred to in paragraph (3) of Reports,
this subsection shall submit to Congress each year an evaluation of
ths compliance of that agency with, and the effectiveness of, the
requirements imposed by this section , on the agency, persons
requesting or receiving Federal contracts, grants, loans, or cooperative agreements from that agency, and persons requesting or receiving from that agency commitments providing for the United States
to iuimre or guarantee loans. The report shall be submitted at the
saae time tha agency submits its annual budget justifications to
Confess.
"(i) The report of an agency under paragraph (1) of this subsection
shall include the following:
"(A) All alleged violations of the requirements of subsections.
(a) and (b) of this section, relating to the agency's Federal
- '
actions referred to in such subsections, during the year covered
by the report.
"(B) The actions taken by the head of the agency in such year
with respect to these alleged violations and any alleged violations of subsections (a) and (b) of thia section that occurred
before such year, including the amounts of dvil penalties
imposed by the head of such agency,in such year, if any.
"(3) The Inspector General of an agency shall prepare and submit
the annual report of the agency required by paragraph (1) of this
subsection. In the case of an agency that does not have an inspector
general, tha agency offidal comparable to an inspector general shall
prepare and submit the annual report, or, if there is no such
comparable official, the head of the agency shall prepare and submit
Aich annual report.
1
�677
103 STAT. 754
PUBLIC LAW 101-121-OCT. 23,1989
"(eXIXA) Subanction (aXD of this section does not apply in the case
of a payment of reasonable compensation made to an officer or
employee of a person requesting orreceivinga Federal contract,
grant, loan, or cooperative agreement to the extent that the payment is for agency and legislative liaison activities not directly
related to a Federal actionreferredto in subsection (aX2) of this
section.
'
•'
"(B) Subsection (aXl) of this section does not prohibit any reasonable payment to a person in connection with, or any payment cf
reasonable compensation to an ofilcer or employee of a person
requesting or receiving, a Federal contract, grant, loan, or cooperative agreement or an extension, continuation, renewal, amendment,
or modification of a Federal contract, grant, loan, or cooperative
agreement if the payment is for professional or technical services
rendered directly in the preparation, submission, or negotiation of
any bid, proposal, or application for that Federal contract, grant,
loan, or cooperative agreement or for meeting requirements imposed
by or pursuant to law as a condition for receiving that Federal
contract, grant, loan, or cooperative agreement.
"(O Nothing in this paragraph shall be construed as permitting
the use of appropirated funds for making any payment prohibited in
or pursuant to any other provision of law
"(2) The reporting requirement in subsection (b) of this section
?hall not apply to any person with respect to—
"(A) payments of reasonable compensation made to regularly
employed officers or employees of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or
a commitment providing for the United States to insure or
guarantee a loan;
"(B) a request for or receipt of a contract (other than a
contract referred to in clacse (C)), grant, cooperative agreement,
subcontract (other than a subcontract referred to in clause (O),
or subgrant that does not exceed $100,000; and
"(C) a request for or receipt of, a loan, or, a commitment
providing for the United States to insure or guarantee a loan,
that does not exceed $150,000, including a contract or subcontract to carry out any purpose for which such a loan is made.
"(0 The Secretary of Defense may exempt a Federal action described in subsection (aX2) from the prohibition in subsection (aXl)
whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy
of each such written exemption to Congress immediately after
making such determination.
"(g) The head of each Federal agency shall take such actions as
are necessary to ensure that the provisions of this section are
vigorously implemented and enforced in such agency.
"(h) As used in this section:
"(1) The term 'recipient', with respect, to funds received in
connection with a Federal contract, grant, loan, or cooperative
agreement—
"(A) includes the contractors, subcontractors, or
subgrantees (as the case may be) of the recipient; but
"(B) does not include an Indian tribe, tribal organization,
or any other Indian organization eligible to receive Federal
contracts, grants, cooperative agreements, or loans from an
agency but only with respec: to expenditures that are by
�678
PUBLIC LAW 101-121-OCT. 23, 1989
103 STAT. 755
such tribe or organization for purposes specified in subsec-.
tion (a) and are permitted by other Federal law.
"(2) The term 'agency' has the same meaning provided for
such term in section 552(0 of title 5, and includes a Government
corporation, as defined in section 9101(1) of this title.
"(3) The term'person'—
"(A) includes an individual, corporation, company,
association, authority, firm, partnership, society. State, and
local government, regardless of whether such entity is operated for profit or not for profit; but
"(B) does not include an Indian tribe, tribal organization,
or any other Indian organization eligible to receive Federal
contracts, grants, cooperative agreements, or loans from an
agency but only with respect to expenditures by such tribe
_' or organization that are made for purposes specified in
subsection (a) and are permitted by other Federal law.
"(4) The term 'State' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, a
territory or possession of the United States, an agency or
instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
"(5) The term 'local government' means a unit of government
in a State and, if chartered, established, or otherwise recognized
by a State for the performance of a governmental duty, the
following entities:
"(A) A local public authority.
"(B) A special district.
"(C) An intrastate district
"(D) A council of governments.
"(E) A sponsor group representative organization.
"(F) Any other instrumentality of a local government.
"(6XA) The terms 'Federal contract. 'Federal grant', 'Federal
cooperative agreement' mean, respectively—
"(i) a contract awarded by an agency;
"(ii) a grant made by an agency or a direct appropriation ,
made by law to any person; and
"(iii) a cooperative agreement entered into by an agency.
"(B) Such terms do not include—
"(i) direct United States cash assistance to an individual;
"(ii)aloan;
"(iii) loan insurance; or
"(iv) a loan guaranty.
"(7) The term 'Federal loan' means a loan made by an agency
Such term does not include loan insurance or a loan guaranty
"(8) The terra 'reasonable payment' means, with respect to
professional and other technical services, a payment in ah
amount that is consistent with the amount normally paid for
such services in the private sector.
"(9) The term 'reasonable compensation* means, with respect
to a regularly employed officer or employee of any person,
compensation that is consistent with the normal compensation
for such officer or employee for work that is not itimished to,
not funded by, or not furnished in cooperation with the Federal
Government
"(10) The term 'regularly employed', with respect to an officer
or employee of a person requesting or receiving a Federal
contract, grant loan, or cooperative agreement or a commit-
�103 STAT. 756
PUBLIC LAW 101-121-OCT. 23, 1989
mcr.t providing for the United States to insure or guarantee a
loan, means an officer or employee who is employed by sach
person for at least 130 working days within one year immediately preceding the date of the submission that initiates
af cncy consideration of such person for receipt of such contract,
grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment
"(11) The terms 'Indian tribe' and 'tribal organization' have
the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).".
!
(2) The table of sections for subchapter III of chapter 13 of title 31.
United States Code, is amended by adding at the end the following
new item:
1
"1352. limitation on use of appropriated funds Ls m/luerce certain Federal contracing and financial transactions.''
Reports. •
31 USC 1352
note.
31 USC 1352
note.
Eftective date.
31 USC 1352
note.
(b) The first report submitted under subsection (bX6) of section
1352 of title 31, United States Code (as added by subsection (a)), shall
be submitted on May 31, 1990, and shall contain a compilation
relating to the statements received under subsection (b) of such
section during the six-month period beginning on October 1, 1989.
(c) The Director of the Office of Management and Budget shall
notify the head of each agency that section 1352 of title 31,. United
States Code (as added by subsection (a)), is to be complied with
commencing 60 days after the date of the enactment of this Act Not
later than 60 days after the date of the enactment of this Act the
Director of the Office of Management and Budget shall issue the
guidancerequiredby subsection (bX7) of such section.
(d) Section 1352 of title 31, United States Code (as added by
subsection (a)), shall take, effect with respect to Federal contracts,
grants, loans, cooperative agreements, loan insurance commitments,
and loan guaranty commitments that are entered into or ssade more
than 60 days after the date of the enactment of this Act.
,
Approved October 23, 1989.
LEGISLATIVE HISTORY—H.R. 2788:
HOUSE REPORTS: No. 101-120 (Comm. on Appropriations) and No. 101-254 (Coma.
of Conference).
,
SCf ATE REPORTS: No. 101-85 (Comm. on Appropriations).
'
CONGRESSIONAL RECORD. Vol. 135 (1989):
July 12. considered and passed House.
July 2S. censidered and passed Senate, amended.
Oct. 3. House agreed to conferencereport;receded and concurred in certain
. Senate amendments, in other* with amendments.
Oct. ?. Senate agreed to conferencereport;concurred in House amendraenta.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (iMSh
Oct. 23. Presidential sutement.
1
��I Vol UNO. 2*3! WtdamUy, Doctmbr20. IBM/ Nolicei
MraucnoNs KM coMamoN or SMU. oaaosutt OF IOMVWC Acnvmu
tmnatftolt
tm -Jt* V US C.
99 tUf i^tofrftfif tftbtf fof
tn>pl»(H * O ••' i n o • » t ' ^ l * ) »• t t « " w t " — C m f m m e m m a i o n w i t i » co«^»»<
»Jton. Ui« * e
t M U ^ C H u m th««l<»l^airill>^i(lrir W
^^low«^iw«d»qu<U-Can^wtllrt^thM
I ffid M M H W dMMfi f ^ o i t laNT n tt* tenplflmmkiy guMavm prtWnhid by th« Office ol
CMW4 by « f u u n j t chjny* to f
erf. ontar tht y t t t a i d qvwMr In wMcft K M chjn«« O C C U R S bMw i h * date ol
UM
t br * i npotnot entity tor # « c o w M Fe4ml Klion.
4. tmer ete bit nam*,
dty. SUM
tip cod* of tt<* icponini enmy. t n c M * Congmiionjl Dumcl. i<
i l n o i m i n . ol t h * ft|H>nnn entity that d n i | n a t « 4 i l rv or n p e c u to be. < pnme
hnean. Check.aw
or tubaMrd icopicnt MenlHy the bar ot the lubawatde*. e g , t h * tint tubamrdc* ot
prim* it lite H: tier.
SubMtfdt n c M e but ara not trailed to utxomractl. u b f n r a and coniract a~anH under pantt.
5. Ifthearganitalton
I the tepon in item a checkf 'Suba»a^re*. then enter the M l name, .tddrnt. Qty. irate ard
i tecipient. indude C o n j m w m j l Oittrict H knoMt.
zip code ot the prime
the award br loan commilment. Include at leatt one organuatlonal
6. Enter the name oi
le«el below agency name, if known. Far eumple. Department ol Trantponation, United SUM Coait Guard.
7. Enter the Federal propam nam* or dewotion tor the cowmd Federal action (item 1). II known, enter me lull
Catalog of Federal Dome,tic Aiaiuaice (CFDAI number lor grand, cooperatnw agreement!, loaftf. and loan
commitmentf.
I . Enter .the mott apfoopiiate Federal idennMng number available lor the Federal action identified in item 1 l e g . ,
ftequcit for Propoul IRFP) number; Inwtallon lor Bid UFB) number grant announcement number the coniract.
grant or loan award nttfnber the applicauon/propotal control number-aitigned by the Federal agenol. -include
prefi.ev e.g.. -RFP-OE-HMXH •
.
9. For a covered Federal action where there has been an award or loan commitment by rhe federal agency, enter the
Federal amount of the ewardloan commifinenr lor ihe pnme entity identified in item 4 or 5.
10. (a)Enter the Kill name, addreu, city, state and zip cod* of ihe lobbying entity engaged by the reporting entity
identified in item a to influence the corered Federal action.
(b)lnter the lull names ol the individuaXD performing lemcet. and include lull address if different from !ol(a>.
tnter last Name. Fint Name, and Mid<*e Initial (Mil.
11. Enter the amount ol compensation paid ar reasonably eipeeted lo be paid by the repor'ng entity (item t l to me.
lobbying entity (item 10). Indicate wheJ-^.' the payment hat oeen made lactuall or will be made (planned). Check
ail boxes (hat apply. If this is a material change report enter the cumulativ* amount of payment made or planned
to be made.
12. Oieck the appropriate boales). Oiec£ a l boies that apply. If payment is made through an in-kind contriburion.
spedfy the nature and value ol the ir»4ind payment.
11. Check the appropriate b o i t n ) . Check aB boxes that apply, if other, specify nature.
14. Prowde a tpedRc and detailed detoipbon ol the services that the lobbvitt has performed, or will be e»peered to
n. and the dalettl'of any services undeted. Include 'all preparatory and related actrwiy. not iutt lime tsent in
actual contact with Federal oMdala. Identify the Federal olficialfs) or employee!s) contacted or the olficerts).
smptoytls), or Memberti) ol Congress dut were contacted.
15. Check whettwr or not l SF-LLi-A Cononuaoon Sheetti) is anjehed.
14. The certifying official shafl sign and dat* th* form, print his.her name. brie, and telepltone nutttoer.
L tend nmmentingading die bwdan
I thn buden. to die OMce -
.
��683
9 3537b. Registration of consultants
. (a) Record of expenditures
(1) Requirement to maintain
I
Each person who makes an expenditure to influence the decision of any officer or
employee of the Department, through communication with such officer or employee,
with respect to—
'
' "
i
(A) the award of any financial assistance within the jurisdiction of the Department, or
(B) any management action involving a change in the terms and conditions or
status offinancialassistance awarded to any person.
shall keep records, as required by this section. The preceding sentence shall not
apply to expenditures incurred in complying with conditions, requirements, or procedures imposed by the Secretary in connection with any financial assistance.
(2) Covered information
'
Each personreferredto in' paragraph (1) shall keep a detailed and exact account
of—
(A) all such expenditures made by or on behalf of such person; and
(B) the name and address of every person to whom any such expenditure is
, made and the date of the expenditure.
(3) Maintenance of records
Each person making such an expenditure shall obtain a bill, stating the particulars, for every such expenditure, and shall retain all records required by this section '
,
for not less than the 2-year period beginning on the date of the filing of the report
required by subsection (b) of this section, which shall include the information under
paragraph (2).
(4) Limitation of fees
Any person engaged for pay or oii.er consideration for the purpose of attempting
to influence any award or allocation of financial assistance within the jurisdiction of
the Department shall not seek or receive any fee that is—
,
(A) based on the amount of assistance or number of units that may be provided by the Secretary, or
'
(B) contingent on an award of assistance by the Secretary, except where-r
(i) services are provided to a nonprofit entity applying for such award or
allocation of assistance; and
'
• ]'
(ii) professional services related to a project are donated in whole or in
part to a nonprofit entity in the event assistance for a project is not awarded.
(b) Reports of expenditures filed with Secretary
(1) Report
,
;
Each person making an' expenditure for the purposes designated in subsection
(aKl) of this section shall file with the Secretary, between the 1st and 10th day of
each calendar year, a report specifying the total expenditures made by or on behalf
of such person during the year and the informationrequiredby subsection (aX2xB)
of this section.
(2) Regular employees
I
The requirements of this subsection shall not apply in the case pf a payment of
reasonable compensation made to any regularly employed officer or employee of the
person who requests or receives assistance within the jurisdiction of the Department, or who is involved in any management action with respect to such assistance.
(3) Minimum dollar requirements
i
The requirements of this subsection shall not apply to any person whose total expenditures for purposes described in subparagraphs (A) and .(B) of subsection taXl) of
this section are less than $10,000 in any calendar year.
'.
(4) Filing and retention
A report required by this subsection—
(A) shall be considered properly filed when deposited in a post office within
the prescribed time, stamped, registered, and addressed to the Secretary, but if
the Secretary does not receive the report, the person shall promptly file a duplicate report when the Secretary notifies the person that the originalreporthas
not been received; and
.
1
�684
(B) shall be retained by the Secretary for the 2-year period beginning on the
date of filing, shall constitute part of the public records of the Department, and
shall be open to public inspection.
(5) Publication of information
The Secretary shall compile all expenditure information as soon as practicable
after the close of the calendar year with respect to which the information is filed
and shall publish it as a notice in the Federal Register.
(c) Registration by persons attempting to influence Department decisions
(1) Requirement and information
j
Each person receiving payment or any consideration for the purpose described in
subsection (aXD of this section, shall not later than 14 days after being retained for
such purpose, register with the Secretary. The registration shall be in writing and
shall include the name and business address of the registrant, the name and address
of the registrant's employer and of any person or entity in whose interest the registrant appears or works, and a statement of whether the registrant has been employed by the Federal Government during the 2-year period ending on the date of
the registration and in what capacity. Each registrant shall, between the 1st and
10th day of each calendar year, file with the Secretary a detailed report of all
money received and expended by the registrant during the preceding year in carrying out the work, including information as to whom moi ey .was paid, and for what
purposes.
(2) Minimum dollar requirement
The requirements of the last sentence .of paragraph (1) shall not apply with respect to any calendar year to any person whose total compensation for attempting
to influence a decision with respect to assistance within the jurisdiction of the Department or a management action with respect to such assistance is less than
$10,000 in such year.
'
(3) Publication of information
The Secretary shall compile all registration information as soon as practicable
after the close of the calendar year withrespectto which the information is filed
and shall publish it annually as a notice in the Federal Register.
(d) Civil money penalties
(1) Authority
Whenever any person knowingly fails to file a report required under subsection
(b) of this section, or any person knowingly fails to register and file a report re-,
quired under subsection (c) of this section, the Secretary may impose a civil money
penalty on that person in accordance with the provisions of this subsection. The
penalty shall be in addition to any other available civil remedy or any available
criminal penalty, and may be imposed whether or not the Secretary imposes other
administrative sanctions.
(2) Amount of penalty
The amount of the penalty, as determined by the Secretary, shall not exceed the
greater of—
(A) $10,000 for each violation; or
I
(B) the total amount received for any services performed for any applicant to
which the violation under paragraph (1) relates.
(3) Factors in determining amount of penalty
In determining the amount of a penalty under this subsection, consideration shall
be given to such factors as the gravity of the offense, any history of prior offenses
(including offenses occurring before December 15, 1989), ability to pay the penalty,
injury to the public benefits received, deterrence of future violations, and such
other factors as the Secretary may determine in regulations to be appropriate.
(4) Agency procedures
(A) Establishment
The Secretary shall establish standards and procedures governing the imposition of civil money penalties under paragraph (1). These standards and procedures shall—.
i(i) provide for the Secretary or other department official to make the determination to impose the penalty or for use ot an administrative entity to make the
determination;
'
.
1
1
�685
(ii) provide for the imposition of a penalty only after the person has been
given an opportunity for a hearing on the record; and
(iii) provide for review of any determination or order, or interlocutory ruling,
arising from a hearing.
•
(B) Final orders
If no het-ing is requested within 15 days of receipt of the notice of opportunity for
hearing, the imposition of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may
affirm, modify, or reverse that determination or order. If the Secretary doe* not
review the determination or order within 90 days of the issuance of the determina;
tion or order, the determination or order shall be filial.
j
(C) Reviewability of imposition of penalty
;
The Secretary's determination or order imposing a penalty under paragraph (1)
shall not be subject to review, except as provided in paragraph (5).
(5) Judicial review of agency determination
(A) In general
After exhausting all administrative remedies established by the Secretaiy under
paragraph (4XA), a person against whom the Secretary has imposed a civil money
penalty under paragraph (1) may obtain a.review of the penalty and such ancillary
issues as may be addressed in the notice of determination to impose a penalty under
paragraph (4XAXi) in the appropriate court of appeals of the United States, by filing
in such court; within 20 days after the entry of such order or determination, a written petition praying that the Secretary's order or determination be modified or be
set aside in whole or in part.
(B) Objections not raised in hearing
]
The court shall not consider any objection that was not raised in the hearing conducted pursuant to paragraph (4XA) unless a demonstration is made of extraordinary circumstances causing the failure to raise, the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at the
hearing is material and that there are reasonable grounds for the failure to present
such evidence at the hearing, the court shall remand the matter to the Secretary for
consideration of such additional evidence. •
(C) Scope of review
The decisions, findings, and determinations of the Secretary shall be reviewed
pursuant to section 706 of title 5. .
(D) Order to pay penalty
Notwithstanding any other provision of law, in any such review, the court shall
have the power to order payment of the penalty imposed by the Secretary.
(6) Action to collect penalty
If any person fails to comply with the Secretary's determination or order imposing a civil money penalty under paragraph (1), after the determination or order'is
no longer subject to review as provided by paragraphs (4XA) and (5), the Secretary
may request the Attorney General of the United States to bring an action in an
appropriate United States district court to obtain a monetary judgment against the
person and such other relief as may be available. The monetary judgment may, in
the discretion of the court, include any attorneys' fees and other expenses incurred
. by the United States in connection with the action. In an action under this paragraph, the validity and appropriateness of the Secretary's determination or order
imposing the penalty shall not be subject to review.
(7) Settlement by Secretary
|
The Secretary may compromise, modify, orremitany civil money penalty which
may be, or has been, imposed under this subsection.
(8) Deposit of penalties
The Secretary shall deposit all civil money penalties collected under this subsection into miscellaneous receipts of the Treasury.
,
(e) Prohibition on consulting activities
(I) In general
i
Whoever is fined under subsection (d) of this section may be prohibited, for the 3year period beginning on the date of the imposition of the fine, from receiving any
payment or thing of value for performing any services (with respect to any applica1
�686
tion for financial assistance within the jurisdiction of the Department) for any applicant.
(2) Criminal penalty
Whoever violates the prohibition under paragraph (1) shall, upon conviction, be
guilty of a felony and shall be fined under title 18, or imprisoned not more than 5
years, or both.
i.
(f) Definitions
For purposes of this section:
(1) The term "person" means an individual (including a consultant, lobbyist,
or lawyer), corporation, company, association, authority, firm, partnenhip; society. State, local government, or any other organization or group of people.
(2) The term "expenditure" includes a payment, distribution, loan, advance,
deposit, gift of money, or anything else of value, and includes a contract, promise, or agreement, whether, or not legally enforceable, to make an expenditure.
(3) The term "financial assistance within the jurisdiction of the Department"
includes any contract, grant, loan, cooperative agreement, or other form of assistance, including the insurance or guarantee of a loan, mortgage, or pool of
mortgages.
>
(4) The term "knowingly" means having actual knowledge of or acting with
deliberate ignorance of or reckless disregard for the prohibitions under this section.
(5) The term "reasonable compensation" means, with respect to a regularly
employed officer or employee of any person, compensation that is consistent
with the normal compensation for such officer or employee for work that is not
furnished to or not furnished in cooperation with the Department.
(6) The term "regularly employed" means, with respect to an officer or employee of a person requesting or receiving assistance within the jurisdiction of
the Department or who is involved in a management action with respect to
such assistance, an officer or employee who is employed by such person for at
least 130 working days within one year immediately before the date, of the submission that initiates departmental consideration of such person for receipt of
, such assistance, or the date of initiation of any management action.
ig) Regulations
The Secretary shall issue any regulations necessary to implement this section,
(h) Effective date
This section shall take effect on the date specified in regulations implementing
this section that are issued by the Secretary after notice and public comment. The
regulations shall establish standards that include determinations of what types of
activities constitute influence with respect to the decisions of the Department described in subsection (aXIXA) and (B) of this section..
(Pub. L. 89-174, § 13, as added Pub. L. 101-235, title I. § 112, Dec. 15, 1989, 103 Stat.
2016.)
'
9 1490p. Accountability
(a) Notice regarding assistance
(1) Publication of notice of availability
The Secretary shall publish in the Federal Register notice of the availability of
any assistance under any program or discretionary fund administered by the Secretary under this subchapter.
(2) Publication of application procedures
' •
The Secretary shall publish in the Federal Register a description of the form and
procedures by which application for the assistance may be made, and any deadlines
relating to the award or allocation of the assistance. Such description shall be sufficient to enable any eligible applicant to apply for such assistance.
(3) Publication of selection criteria
Not less than 30 days before any deadline by which applications or requests for
assistance under any program or discretionary fund administered by the Secretary
must be submitted, the Secretary shall publish in the Federal Register the criteria
bv which selection for the assistance will be made. Such criteria shall include any.
objective measures of housing heed, project merit, or efficient use of resources that
the Secretary determines are appropriate and consistent with the statute under
which the assistance is made available.
'
i
1
�687
(4) Documentation of dedatoiu
(A) The Secretary shall award or allocate aasistance only in response to a written
application in a form approved in advance by the Secretary, except where other
award or allocation procedures are specified in statute.
(B) The Secretary shall ensure that documentation and other information regarding each application for assistance is suffident to indicate the basis on which any
award or allocation was made or denied. The preceding sentence shall apply to— •
(i) any application for an award or allocation of assistance made by the Secre- ;
tary to a State, unit of general local government, or other recipient of assistance, and
(ii) any application for a subsequent award or allocation of such assistance by
such State, unit of general local government or other recipient
' (C) The Secretaiy shall ensure that each application and, all related documentation and other information referred to in subparagraph (B) is readily available for
public inspection for a period of not less than 10 years, beginning not less than 30
days following the date on which the award or allocation is made.
•
(5) Emergency exception
The Secretary may waive the requirements of paragraphs (i),<(2), and (3) if the,
Secretaiy determines that the waiver is required for adequate response to an emer-,
gency. Not less than 30 days after providing a waiver under the preceding sentence,
the Secretary shall publish in the Federal Register the Secretary's reasons for so
doing.
(b) Disclosures by applicants
The Secretary shall require the disclosure of information with respect to any application for assistance under, this subchapter submitted by any applicant who has
received or, in the determination of the Secretaiy, can reasonably be expected to,
receive assistance under this subchapter in excess of $200,000 in the aggregate
during anyfiscalyear. Such information shall include the following:
(1) Other government aasistance
,
Information regarding any related assistance from the Federal Government, a
State, or a unit of general local government, or any agency or instrumentality
thereof, that is expected to be made available with respect to the project or activijties for which the applicant is seeking assistance under this subchapter. Such related assistance shall include but not be limited to any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or
indirect assistance.
,
'
(2) Interested parties
The name and pecuniary interest of any person who . has a pecuniary interest in
the project or activities for which the applicant is seeking assistance. Persons with a
pecuniary interest in the project or activity shall include but not be limited to any
developers, contractors, and consultants involved in the application for assistance
under this subchapter or the planning, development, or implementation of the
project or activity. For purposes of this paragraph, residency of an individual in
housing for which aasistance is being sought shall not, by itself, be considered a pecuniary interest.
(3) Expected sources and uses
A report satisfactory to the Secretary of the expected sources and uses of funds
that are to be made available for the project or activity:
(c) Updating of disclosure
•
> •
During the period when an application is pending or assistance is being provided,
the applicant shall update the, disclosurerequiredunder the previous subsection
within 30 days of any substantial change.
'
(d) Regulation of lobbyists and consultants
; (1) Limitation of fees
|
Any person who is engaged for pay or for any consideration for the purpose of
attempting to influence any award or allocation of assistance by the Secretaiy shall
not seek or receive any fee that is—
'
(A) based on the amount of aasistance or number of units that may be provided by the Secretary, or
i
(B) contingent on an award of assistance by the Secretary, except that professional .servicesrelatedto a project may be donated in whole or in part to a community housing development organization in the event assistance for a project
is not awarded.
:
t
�688
(2) Registmtion
Any person who will be engaged for pay or for any consideration for the purpose
of attempting to influence any award or allocation of assistance by the Secretary
shall, before doing anything in furtherance of such object, register by submitting to
the Secretary a sworn statement containing—
(A) such person's name and business address,
(B) the nature and duration of any previous Federal employment,
(O the name and address of the person by whom such person is employed,
and in whose interest such person appears or works,
(D) the duration of such employment,
(E) how much such person is paid and is to receive,
(F) by whom such person is paid or is to be paid,
(G) how much such person is to be paid for expenses, and
(H) what expenses are to be included..
For purposes of this paragraph, ownership by an individual of a single family home
flnancea under section 1472 of this title does constitute pay or consideration.
(3) Reporting
Each person registering under paragraph (2) shall, between the first and tenth
day of each calendar quarter, so long as such person's activity continues, file with
the Secretary a detailed report under oath setting forth—
(A) all money received and expended by such person during the preceding calendar quarter in carrying on such person's work;
(B) an identification of the person or persons to whom funds were paid .and
the purposes of such payments;
,
^
(C) aU awards or allocations of assistance under this subchapter that'. the
person attempted to influence; and
I
(D) any contacts with any employee of the Department for the purpose of attempting to influence any award or allocation of assistance by the Secretary.
(e) Remedies and penalties
i
(I) Administrative remedies.
If the Secretary receives or obtains information providing areasonablebasis to
believe that a violation of subsection (b), (c), or (d) this section has occurred, the
Secretary shall—
!
(A) in the case of a selection that has not been made, determine whether to
terminate the selection process or take other appropriate actions; and
(B) in the case of a selection that has been made, determine whether to-ru) void orrescindthe selection, subject to review and determination on
therecordafter opportunity for a hearing;
(ii) impose sanctions upon the violator, including debarment, subject to
review and determination on the record after opportunity for a hearing;
(iii) recapture any funds that have been disbursed;
(iv) permit the violating applicant selected to continue to participate in
the program; or
.
(v) take any other actions that the Secretary considers appropriate:
The Secretary shall publish in the Federal Register a descriptive statement of each
determination made and action taken under this paragraph.
(2) Civil penalties
(
Whoever violates any section of this section shall be subject to the imposition of
a civil penalty in a civil action brought by the United States in an appropriate district court, or the United States. A civil penalty under this paragraph may not
exceed—
(A) $100,000 in the case of an individual; or
(B) $1,000,000 in the case of an applicant other than an individual.
(3) Deposit of penalties in insurance funds
I
Notwithstanding any other provision of law, all civil money penalties collected
under this section shall be deposited in the Rural Housing Insurance Fund.
(4) Nonexslusiveness of remedies
This subsection may not be construed to limit the applicability of any requirements, sanctions, penalties, orremediesestablished under any other law. The Secre1
1
1
1
2
1
1
1
So in origihal. Probably should be "of this".
So in original. Probably should be "subeeetion".
,
I
�689
tary shall not be relieved of any obligation to carry out the requirementa of this
section because such other requirements, sanctions, penalties, or remedies apply.
<f) LliaitatiMi of assistance
U M Secretary shall certify that assistanca provided by the Secretary to any housing piyjcct Aall not be mora than is necessary to provide affordable housing after
taUag account of aasistanc* from aU Federal, State, and local sources. The Secretaiy nail adjust the amount of assistance provided to an applicant to compensate
for any changasreportedunder subsection (c) of thia section.
(rMtenlatten.
Not less than 180 daysfollowingDecember 15, 1989, the Secretary shall promulfate regulations to implement this section.
(h) "Asstetance" defined
For purposes of this section, the term "assistance" means any housing grant; loan,
guarantee, insurance, rebate, subsidy, tax credit benefit, or other form of direct or
indirect assistance.
'
(I) Report by Secretary
Hie Secretaiy shall submit to the Congress, not later than 180 days following De- j
camber 15, 1989, a report describing actions taken to carry out this section, includ- ,
ing actions to inform and educate officers and employees of the Department of Agriculture regarding the provisions of this section.
,
(July 15, 1949, ch. 338, title V. §536, as added Dec. 15, 1989. Pub. L 101-235. title j
IV, § 401(a), 103 Stat. 2045.) •
s
1
CODIFICATION
December 15, 1989, referred to in subsec. (g), was in the original "the date of en- :
actment of this Act", which was translated as meaning the date of enactment of !
Pub. L. 101-235, which enacted this section, to reflect the probable intent of Congress.
i-
KFTECTIVK DATE
^
j
Section 401(b) of Pub. L. 101-235 provided that: "Section 536 of the Housing Act of
1949 [this section], as added by subsection (a), shall take, effect on the effective date
of regulations implementing yuch section."
I l!
45-051 ti - 92 - (696)
J
'' i
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Michael Waldman
Description
An account of the resource
<p>Michael Waldman was Assistant to the President and Director of Speechwriting from 1995-1999. His responsibilities were writing and editing nearly 2,000 speeches, which included four State of the Union speeches and two Inaugural Addresses. From 1993 -1995 he served as Special Assistant to the President for Policy Coordination.</p>
<p>The collection generally consists of copies of speeches and speech drafts, talking points, memoranda, background material, correspondence, reports, handwritten notes, articles, clippings, and presidential schedules. A large volume of this collection was for the State of the Union speeches. Many of the speech drafts are heavily annotated with additions or deletions. There are a lot of articles and clippings in this collection.</p>
<p>Due to the size of this collection it has been divided into two segments. Use links below for access to the individual segments:<br /><a href="http://clinton.presidentiallibraries.us/items/browse?advanced%5B0%5D%5Belement_id%5D=43&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=2006-0469-F+Segment+1">Segment One</a><br /><a href="http://clinton.presidentiallibraries.us/items/browse?advanced%5B0%5D%5Belement_id%5D=43&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=2006-0469-F+Segment+2">Segment Two</a></p>
Creator
An entity primarily responsible for making the resource
Michael Waldman
Office of Speechwriting
Date
A point or period of time associated with an event in the lifecycle of the resource
1993-1999
Identifier
An unambiguous reference to the resource within a given context
2006-0469-F
Extent
The size or duration of the resource.
Segment One contains 1071 folders in 72 boxes.
Segment Two contains 868 folders in 66 boxes.
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Still Image
A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
[Statement of the U.S. Chamber of Congress on the 1946 Federal Regulation of Lobbying Ac t] [4]
Creator
An entity primarily responsible for making the resource
Office of Speechwriting
Michael Waldman
Is Part Of
A related resource in which the described resource is physically or logically included.
Box 2
<a href="http://clinton.presidentiallibraries.us/items/show/36403"> Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7763296">National Archives Catalog Description</a>
Identifier
An unambiguous reference to the resource within a given context
2006-0469-F Segment 1
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
White House Staff and Office Files
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Medium
The material or physical carrier of the resource.
Preservation-Reproduction-Reference
Date Created
Date of creation of the resource.
6/3/2015
Source
A related resource from which the described resource is derived
7763296
42-t-7763296-20060469F-Seg1-002-011-2015