[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR82.110]



[Page 245-246]

 

                           TITLE 34--EDUCATION

 

PART 82_NEW RESTRICTIONS ON LOBBYING--Table of Contents

 

                            Subpart A_General

 

Sec.  82.110  Certification and disclosure.



    (a) Each person shall file a certification, and a disclosure form, 

if required, with each submission that initiates agency consideration of 

such person for:

    (1) Award of a Federal contract, grant, or cooperative agreement 

exceeding $100,000; or

    (2) An award of a Federal loan or a commitment providing for the 

United States to insure or guarantee a loan exceeding $150,000.

    (b) Each person shall file a certification, and a disclosure form, 

if required, upon receipt by such person of:

    (1) A Federal contract, grant, or cooperative agreement exceeding 

$100,000; or

    (2) A Federal loan or a commitment providing for the United States 

to insure or guarantee a loan exceeding $150,000,



Unless such person previously filed a certification, and a disclosure 

form, if required, under paragraph (a) of this section.

    (c) Each person shall file a disclosure form at the end of each 

calendar quarter in which there occurs any event that requires 

disclosure or that materially affects the accuracy of the information 

contained in any disclosure form previously filed by such person under 

paragraphs (a) or (b) of this section. An event that materially affects 

the accuracy of the information reported includes:

    (1) A cumulative increase of $25,000 or more in the amount paid or 

expected to be paid for influencing or attempting to influence a covered 

Federal action; or

    (2) A change in the person(s) or individual(s) influencing or 

attempting to influence a covered Federal action; or,

    (3) A change in the officer(s), employee(s), or Member(s) contacted 

to influence or attempt to influence a covered Federal action.

    (d) Any person who requests or receives from a person referred to in 

paragraphs (a) or (b) of this section:

    (1) A subcontract exceeding $100,000 at any tier under a Federal 

contract;

    (2) A subgrant, contract, or subcontract exceeding $100,000 at any 

tier under a Federal grant;

    (3) A contract or subcontract exceeding $100,000 at any tier under a 

Federal loan exceeding $150,000; or,

    (4) A contract or subcontract exceeding $100,000 at any tier under a 

Federal cooperative agreement,



Shall file a certification, and a disclosure form, if required, to the 

next tier above.

    (e) All disclosure forms, but not certifications, shall be forwarded 

from tier to tier until received by the person referred to in paragraphs 

(a) or (b) of this section. That person shall forward all disclosure 

forms to the agency.

    (f) Any certification or disclosure form filed under paragraph (e) 

of this section shall be treated as a material representation of fact 

upon which all receiving tiers shall rely. All liability arising from an 

erroneous representation shall be borne solely by the tier filing that 

representation and shall not be shared by any tier to which the 

erroneous representation is forwarded. Submitting an erroneous 

certification or disclosure constitutes a failure to file the required 

certification or disclosure, respectively. If a person fails to file a 

required certification or disclosure, the United States may pursue all 

available remedies, including those authorized by section 1352, title 

31, U.S. Code.

    (g) For awards and commitments in process prior to December 23, 

1989, but not made before that date, certifications shall be required at 

award or



[[Page 246]]



commitment, covering activities occurring between December 23, 1989, and 

the date of award or commitment. However, for awards and commitments in 

process prior to the December 23, 1989 effective date of these 

provisions, but not made before December 23, 1989, disclosure forms 

shall not be required at time of award or commitment but shall be filed 

within 30 days.

    (h) No reporting is required for an activity paid for with 

appropriated funds if that activity is allowable under either subpart B 

or C.