[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR18.105]



[Page 208-209]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 18_NEW RESTRICTIONS ON LOBBYING--Table of Contents

 

                            Subpart A_General

 

Sec.  18.105  Definitions.



    For purposes of this part:

    (a) Agency, as defined in 5 U.S.C. 552(f), includes Federal 

executive departments and agencies as well as independent regulatory 

commissions and Government corporations, as defined in 31 U.S.C. 

9101(1).

    (b) Covered Federal action means any of the following Federal 

actions:

    (1) The awarding of any Federal contract;

    (2) The making of any Federal grant;

    (3) The making of any Federal loan;

    (4) The entering into of any cooperative agreement; and,

    (5) The extension, continuation, renewal, amendment, or modification 

of any Federal contract, grant, loan, or cooperative agreement.



Covered Federal action does not include receiving from an agency a 

commitment providing for the United States to insure or guarantee a 

loan. Loan guarantees and loan insurance are addressed independently 

within this part.

    (c) Federal contract means an acquisition contract awarded by an 

agency, including those subject to the Federal Acquisition Regulation 

(FAR), and any other acquisition contract for real or personal property 

or services not subject to the FAR.

    (d) Federal cooperative agreement means a cooperative agreement 

entered into by an agency.

    (e) Federal grant means an award of financial assistance in the form 

of money, or property in lieu of money, by the Federal Government or a 

direct appropriation made by law to any person. The term does not 

include technical assistance which provides services instead of money, 

or other assistance in the form of revenue sharing, loans, loan 

guarantees, loan insurance, interest subsidies, insurance, or direct 

United States cash assistance to an individual.

    (f) Federal loan means a loan made by an agency. The term does not 

include loan guarantee or loan insurance.

    (g) 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). Alaskan Natives are included under the definitions 

of Indian tribes in that Act.

    (h) Influencing or attempting to influence means making, with the 

intent to 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.

    (i) Loan guarantee and loan insurance means an agency's guarantee or 

insurance of a loan made by a person.

    (j) 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, including a local public authority, 

a special district, an intrastate district, a council of governments, a 

sponsor group representative organization, and any other instrumentality 

of a local government.

    (k) Officer or employee of an agency includes the following 

individuals who are employed by an agency:

    (1) An individual who is appointed to a position in the Government 

under title 5, U.S. Code, including a position under a temporary 

appointment;

    (2) A member of the uniformed services as defined in section 101(3), 

title 37, U.S. Code;

    (3) A special Government employee as defined in section 202, title 

18, U.S. Code; and,

    (4) An individual who is a member of a Federal advisory committee, 

as defined by the Federal Advisory Committee Act, title 5, U.S. Code 

appendix 2.

    (l) Person means 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. This term excludes an Indian tribe, tribal organization, or any 

other Indian organization with respect to expenditures specifically 

permitted by other Federal law.

    (m) 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



[[Page 209]]



or employee for work that is not furnished to, not funded by, or not 

furnished in cooperation with the Federal Government.

    (n) Reasonable payment means, with respect to professional and other 

technical services, a payment in an amount that is consistent with the 

amount normally paid for such services in the private sector.

    (o) 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.

    (p) Regularly employed means, with respect to an officer or employee 

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, an officer or employee who is employed by 

such person for at least 130 working days within one year immediately 

preceding the date of the submission that initiates agency consideration 

of such person for receipt of such contract, grant, loan, cooperative 

agreement, loan insurance commitment, or loan guarantee commitment. An 

officer or employee who is employed by such person for less than 130 

working days within one year immediately preceding the date of the 

submission that initiates agency consideration of such person shall be 

considered to be regularly employed as soon as he or she is employed by 

such person for 130 working days.

    (q) 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.