Federal Assistance Manual Chapter 1-520

CHAPTER 1-520 LOBBYlNG

• 1-520-00 Purpose
  
• 1-520-20 Background
  
• 1-520-30 Applicability
  
• 1-520-40 Definitions
  
• 1-520-50 Recipient Compliance
  
• 1-520-60 Penalties
  
• 1-520-70 OSM Responsibilities

1-520-00 PURPOSE

This chapter outlines DOI, OSM, and government-wide policies implementing anti-lobbying restrictions.

1-520-20 BACKGROUND

1. On October 23, 1989, the Department of the Interior and Related Agencies Appropriations Act 1990 (P.L. 101-121) was signed into law. Section 319 of the Act amended Title 31 of the United States Code by adding a new Section 1352, "Limitations on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions".

2. Section 1352 generally prohibits recipients of Federal grants, cooperative agreements and contracts from using appropriated funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a specific grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose any lobbying efforts with nonappropriated funds.

3. Effective February 22, 1995, DOI issued the consolidated form Dl 2010, "Certifications Regarding Debarment Suspension and other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying".

4. On January 19, 1996, the "Lobbying Disclosure Act of 1995" was published amending Title 31 of the U.S.C. Section 1352. The changes: (a) simplified the information to be disclosed; (b) eliminated the requirement that agencies submit semi-annual compilations to Congress; and, (c) eliminated the requirement for the Inspector General's annual report to Congress.

1-520-30 APPLICABILITY

Section 1352 is applicable to new awards to States (Indian tribes are excluded) that exceed $100,000 and are approved on or after December 23,1989. Subgrants and contracts under grants exceeding $100,000 are also included.

1-520-40 DEFINITIONS

1. Influencing or attempting to influence - making with the intent to fund, influence, any communication to or appearance before an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

2. Recipient - includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

1-520-50 RECIPIENT COMPLIANCE

In order to comply with the requirements of Section 1352 and as part of the application package, grantees must:

1. Submit a completed "Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying", form DI-2010, as part of the application package.

2. Submit a "Disclosure of Lobbying Activities", form SF-LLL, if needed, as part of the application package, if the recipient has made or has agreed to make any payments using nonappropriated funds for lobbying efforts. The disclosure form shall also be submitted at the end of each calendar quarter in which actual payments occur or when there are changes that materially affect the accuracy of the information contained in the disclosure form previously filed.

3. Applicable subrecipients (subawards that exceed $100,000) shall submit the DI-2010 form to the grantee. In addition, those subrecipients shall submit the SF-LLL form to the grantee if the subrecipient has made or has agreed to make any payment using nonappropriated funds for lobbying effects. Those subrecipients shall also submit the disclosure form to the grantee whenever actual payments occur or when there are changes that materially affect the accuracy of the information contained in any disclosure form previously filed.

1-520-60 PENALTIES

1. Any person who makes a prohibited expenditure, a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure will be imposed.

2. If required certification or amended disclosure form is not filed, a civil penalty of not less than $10,000 and not more than $100,000 will be imposed for each such failure.

1-520-70 OSM RESPONSIBILITIES

The RCC/FO will be accountable for monitoring and collecting the disclosure forms to be place in the official grant file.

FEDERAL ASSISTANCE MANUAL
January 2, 1998