[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