[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1308]
[[Page Unknown]]
[Federal Register: February 1, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 86
[Docket No. R-94-1703; FR-3575-F-01]
Requirements Governing the Lobbying of HUD Personnel; Section 112
of the Reform Act Reporting Requirements
AGENCY: Office of the Secretary, HUD.
ACTION: Interpretive rule.
-----------------------------------------------------------------------
SUMMARY: To implement section 112 of the Housing and Urban Development
Reform Act of 1989, the Department published a final rule in the
Federal Register on May 17, 1991, at 56 FR 22912, establishing the
requirements governing the lobbying of HUD personnel. The final rule
established a new part 86 in title 24 of the Code of Federal
Regulations. This interpretive rule relaxes the level of detail
required to comply with the registrant reporting requirements of that
final rule.
EFFECTIVE DATE: January 6, 1994.
FOR FURTHER INFORMATION CONTACT: Garry Phillips, Acting Director,
Office of Ethics, room 2158, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410. Telephone:
(202) 708-3815; TDD number (202) 708-1112. (These are not toll-free
numbers.)
SUPPLEMENTARY INFORMATION: Section 112 of the Department of Housing and
Urban Development Reform Act of 1989, Public Law 101-235, approved
December 15, 1989, (the ``Reform Act'') added a new section 13 to the
Department of Housing and Urban Development Act, 42 U.S.C. 3531, et
seq.
Section 13 requires, among other things, that:
--Persons that make expenditures to influence a HUD officer or employee
in the award of financial assistance or the taking of a management
action by the Department must keep records, and report to HUD, on the
expenditures; and
--Persons that are engaged to influence a HUD officer or employee in
the award of financial assistance or the taking of a management action
must register with HUD and report to HUD on their lobbying activities.
On May 17, 1991, at 56 FR 22912, the Department promulgated a final
rule to implement section 13. On January 23, 1992, at 57 FR 2677, the
Department published in the Federal Register an interpretive rule which
required that the registrant report on all amounts provided in the
retaining agreement for the lobbying activities involved. Under that
interpretation, all amounts received, and all amounts expended, under
the agreement during the reporting year must be reported. Each side of
the ledger--receiving and expending (which shall include the fee
retained)--should total the same amounts. The preamble to the January
23, 1992 interpretive rule stated--
The Department believes that the registrant must report on all
amounts received pursuant to the retaining agreement with respect to
the lobbying activity. On the receipt side, the statute reaches
``all money received * * * in carrying out the work * * *.'' In the
Department's view, the amounts agreed upon in the agreement define
the ``work'' to be carried out--they are the amounts that comprise
the overall lobbying effort. This includes amounts directly related
to the lobbying activities (such as the preparation of documents),
as well as amounts indirectly related (such as travel and
accommodation expenses). Direct or indirect, the agreed-upon amounts
define the lobbying job.
However, in that interpretive rule, the Department relieved some of
the burden of strict compliance with the above statement by stating
that--
The Department does not believe that it is necessary to report
in a line-by-line itemization every taxicab fare, tuna sandwich, or
telephone call. Reasonable aggregations of expenses by type of
expenditure with appropriate labeling are sufficient, provided the
aggregations are related to the same lobbying activity; i.e., the
same award for financial assistance or the same management action.
Examples of labels of reasonable aggregations are ``meals,''
``transportation,'' ``lodging,'' and ``document preparation.''
Because of the difficulty in complying with the reporting
requirement described above and strong protest as to the need for the
amount of detail needed to make each side of the ledger equal the same
amount, the Department has re-examined the requirement and has
concluded that, even with the aggregations of expenses described above,
it does not need the amount of information now required to be
disclosed. The vast majority of the information is of little value in
enforcing the statute, and the ``all money * * * expended * * * in
carrying out the work * * *'' does not include amounts indirectly
related (such as travel and accommodation expenses). The disclosure of
this type of information is not necessary in order to be consistent
with the intent and purpose of the statute which is to disclose
``lobbying'' activities.
This rule eliminates the idea that receipts must equal
expenditures. However, the Department does believe that information
regarding fees--and other things in lieu of fees paid--by the lobbyist
to retain another lobbyist in the lobbying effort should still be
collected. It is a valuable cross-check to ensure that where a second
lobbyist is hired, the second lobbyist meets Section 13's registration
and reporting requirements. Therefore, persons required to file an
annual report must report only fees--and other things of value in lieu
of fees--paid to other lobbyists retained for lobbying activities in
the form HUD-2882-B ``Lobbyist & Consultant Activity Annual Report of
Persons Receiving Payment for Lobbying Activities.'' Form HUD-2882-B
and the instructions for completing the form have been revised
accordingly. The revised form HUD-2882-B is appended to this
interpretive rule. It is not necessary to report merely incidental
expenses.
Authority: Secs. 7(d) and 13(g), Department of Housing and Urban
Development Act (42 U.S.C. 3535(d) and 3537b(g)).
Dated: January 6, 1994.
Henry G. Cisneros,
Secretary.
1. Accordingly, the Department adds the discussion contained in the
``Supplementary Information'' section of this document to the end of
appendix C of 24 CFR part 86, as ``Interpretive rule dated January 6,
1994''.
2. Appendix C of part 86 is further amended by adding an appendix
to the Interpretive rule dated January 6, 1994, to read as follows:
Appendix C to Part 86--Interpretive Rules of the Department
Pertaining to Requirements Governing the Lobbying of HUD Personnel
* * * * *
Interpretive rule dated January 6, 1994.
* * * * *
Appendix to Interpretive Rule Dated January 6, 1994--Form HUD-
2882-B.
BILLING CODE 4210-32-P
TR01FE94.011
TR01FE94.012
TR01FE94.013
[FR Doc. 94-1308 Filed 1-31-94; 8:45 am]
BILLING CODE 4210-32-C
