[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2621]
[[Page Unknown]]
[Federal Register: February 4, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 87
[Docket No. R-94-1705; FR-3574-F-01]
RIN 2501-AB66
Limitation on Use of Appropriated Funds to Influence Certain
Federal Contracting and Financial Transactions; Change in Threshold for
Single Family Compliance
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule complies with a statutory amendment to raise, for
single family mortgage transactions, the threshold for compliance with
the government-wide certification and disclosure requirements on
lobbying.
EFFECTIVE DATE: March 7, 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: On October 23, 1989, section 319 of the
Department of the Interior and Related Agencies Appropriations Act for
Fiscal Year 1990 (Pub. L. 101-121) was enacted. This provision amended
subchapter III of chapter 13 of title 31, United States Code, to add a
new section 1352 (the ``Byrd Amendment''). The Byrd Amendment contains
a general prohibition on the use of federally appropriated funds for
influencing any Executive or Legislative Branch personnel in the award
of Federal contracts, grants, loans, cooperative agreements, and
certain post-award actions (such as the modification or extension of
any of these forms of assistance). It also requires disclosure of
certain information on payments from non-federally-appropriated funds
that are used to influence the above Federal actions, as well as the
insurance or guarantee of loans. The Byrd Amendment applies to all
Federal agencies and was implemented by a government-wide common rule
that was published in the Federal Register on February 26, 1990, at 55
FR 6736. HUD's adoption of the common rule is set forth at 24 CFR part
87.
Under the provisions of 24 CFR 87.110, each person who makes a
submission for consideration of an award of a Federal loan or a
commitment providing for the United States to insure or guarantee a
loan exceeding $150,000, or receives such an award, must file a
certification regarding the prohibition discussed above and a
disclosure form (Standard Form LLL, ``Disclosure of Lobbying
Activities''), if indicated by the use of non-federally-appropriated
funds to influence the covered actions.
Section 320 of the Department of the Interior and Related Agencies
Appropriations Act, 1991 (Pub. L. 101-512) amended section
1352(e)(2)(c) of the Byrd Amendment to expand the original exception
for loan guaranty and insurance transactions of $150,000 or less to
also except guaranty/insurance transactions when the amount is within
the applicable single family mortgage limit. Under HUD's new higher
mortgage limits, transactions in a number of states could exceed the
$150,000 threshold. Accordingly 24 CFR 87.110 (a)(2) and (b)(2) are
amended to reflect this technical change by adding to the references to
$150,000 ``or the single family maximum mortgage limit for affected
programs, whichever is greater.''
Other Matters
Justification for Final Rule Making
In general, the Department publishes a rule for public comment
before issuing a rule for effect, in accordance with its own
regulations on rule making, 24 CFR part 10. However, part 10 does
provide for exceptions from that general rule where the agency finds
good cause to omit advance notice and public participation. The good
cause requirement is satisfied when prior public procedure is
``impracticable, unnecessary, or contrary to the public interest.'' (24
CFR 10.1) The Department finds that good cause exists to publish this
rule for effect without first soliciting public comment, in that prior
public procedure is unnecessary and contrary to public interest. This
rule makes a technical amendment in compliance with a statutory change
which reduces the burden on the public.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule before publication and by
approving it certifies that this rule does not have a significant
economic impact on a substantial number of small entities. This rule
applies to single family mortgage transactions only and relieves the
certification and disclosure requirements which might have applied in
some circumstances.
Environmental Review
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR Part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969. The Finding of No Significant Impact is available for
public inspection during regular business hours in the Office of the
Rules Docket Clerk, Office of the General Counsel, Department of
Housing and Urban Development, room 10276, 451 Seventh Street SW.,
Washington, DC 20410.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule will not have substantial direct effects on
states or their political subdivisions, or the relationship between the
federal government and the states, or on the distribution of power and
responsibilities among the various levels of government. As a result,
the rule is not subject to review under the order. This rule applies to
single family mortgage transactions for certain HUD programs only.
Executive Order 12606, the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule 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. No significant change in existing HUD policies or programs will
result from promulgation of this rule, as those policies and programs
relate to family concerns.
Regulatory Agenda
This rule was listed as Item No. 1455 in the Department's
Semiannual Agenda of Regulations published on October 25, 1993, at 58
FR 56402, 56412, in accordance with Executive Order 12866 and the
Regulatory Flexibility Act.
List of Subjects for 24 CFR Part 87
Government contracts, Grant programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping requirements.
Accordingly, 24 CFR part 87 is amended as follows:
PART 87--NEW RESTRICTIONS ON LOBBYING
1. The authority for part 87 is revised to read as follows:
Authority: 31 U.S.C. 1352; 42 U.S.C. 3535(d).
2. In Sec. 87.110, paragraphs (a)(2) and (b)(2) are revised to read
as follows:
Sec. 87.110 Certification and disclosure.
(a) * * *
(2) An award of a Federal loan or a commitment providing for the
United States to insure or guarantee a loan exceeding $150,000 or the
single family maximum mortgage limit for affected programs, whichever
is greater.
(b) * * *
(2) A Federal loan or a commitment providing for the United States
to insure or guarantee a loan exceeding $150,000 or the single family
maximum mortgage limit for affected programs, whichever is greater.
* * * * *
Dated: January 4, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-2621 Filed 2-3-94; 8:45 am]
BILLING CODE 4210-32-P
