[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4875-4876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2856]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 86
[Docket No. FR-4009-F-01]
Elimination of Requirements Governing the Lobbying of HUD
Personnel; Removal of 24 CFR Part 86
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes part 86 from title 24 of the Code of
Federal Regulations. Part 86, which was promulgated to comply with
section 13 of the Department of Housing and Urban Development Act (42
U.S.C. 3537b), established recordkeeping, reporting, and registration
requirements governing attempts to influence HUD programs. It also
placed limitations on the fees paid to consultants who are engaged to
influence the award or allocation of the Department's financial
assistance. Effective January 1, 1996, the Lobbying Disclosure Act of
1995 (Pub. L. 104-65, approved December 19, 1995) repealed the
authority for part 86--section 13 of the Department of Housing and
Urban Development Act. This rule conforms the Code of Federal
Regulations to this repeal.
EFFECTIVE DATE: March 11, 1996.
FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Assistant General
Counsel, Ethics Law Division; Office of General Counsel; Room 2158;
U.S. Department of Housing and Urban Development; 451 Seventh Street,
SW., Washington, DC 20410-0500; telephone (202) 708-0836. Hearing or
speech-impaired individuals may call HUD's TDD number (202) 708-0113,
or 1-800-877-8399 (Federal Information Relay Service TDD). (Other than
the ``800'' number, these are not toll-free numbers.)
SUPPLEMENTARY INFORMATION: Section 112 of the Department of Housing and
Urban Development Reform Act of 1989 (Pub. L. 101-235, approved
December 15, 1989) added a new section 13 to the Department of Housing
and Urban Development Act, 42 U.S.C. 3531, et seq. Section 13 contained
two principal features. The first established the standards under
which:
--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
[[Page 4876]]
--Persons that are engaged to influence a HUD officer or employee in
the award of financial assistance or the taking of a management action
by the Department must register with HUD, and report to HUD on their
lobbying activities.
The second feature imposed limitations on the fees that may be paid
to consultants who are engaged to influence the award or allocation of
the Department's financial assistance.
The requirements of Section 13 are codified at 24 CFR part 86.
The Lobbying Disclosure Act of 1995 (Pub. L. 104-65, approved
December 19, 1995) established government-wide lobbying procedures and
requirements. Sections 11(b)(1) and 24(a) of the new law repealed
section 13, effective January 1, 1996.
The purpose of this rule is to remove part 86 to conform the Code
of Federal Regulations to the new statutory authority.
Justification for Final Rule
In accordance with 24 CFR part 10, it is the practice of the
Department to offer interested parties the opportunity to comment on
proposed regulations. However, this regulation relates to
administrative procedures only and conforms the Code of Federal
Regulations to existing law. The purpose of this rule is to remove part
86 to conform the Code of Federal Regulations to the new statutory
authority. Therefore, the Department has determined that public comment
is unnecessary and contrary to the public interest.
Other Matters
A. Environmental Impact
This final rule is categorically excluded from the NEPA
requirements of HUD regulations at 24 CFR Sec. 50.20(k), which
implement section 102(2)(C) of the National Environmental Policy Act of
1969. The rule involves internal administrative procedures whose
content does not constitute a developmental decision nor affect the
physical condition of project areas or building sites.
B. Regulatory Flexibility Act
The Secretary, in approving this rule for publication, certifies in
accordance with 5 U.S.C. 605(b) (the Regulatory Flexibility Act) that
this rule would not have a significant impact on a substantial number
of small entities. This is a procedural rule only, conforming the Code
of Federal Regulations to existing law.
C. Executive Order 12606, the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this final rule is
procedural only, and does not have potential for significant impact on
family-formation, maintenance, and general well-being, and, thus is not
subject to review under the Order.
D. Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this final
rule is procedural only, and does not have substantial, direct effects
on States, on their political subdivisions, or on their relationship
with the Federal government, or on the distribution of power and
responsibilities among the various levels of government.
List of Subjects in 24 CFR Part 86
Administrative practice and procedure, Lobbying (Government
agencies), Reporting and recordkeeping requirements.
Accordingly, under the authority of 42 U.S.C. 3535(d), part 86 is
removed from title 24 of the Code of Federal Regulations.
Dated: February 2, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-2856 Filed 2-8-96; 8:45 am]
BILLING CODE 4210-32-P
