Source
(Added Pub. L. 101–121, title III, § 319(a)(1), Oct. 23, 1989, 103 Stat. 750; amended Pub. L. 101–512, title III, § 320, Nov. 5, 1990, 104 Stat. 1977; Pub. L. 103–272, § 4(f)(1)(F), July 5, 1994, 108 Stat. 1362; Pub. L. 104–65, § 10, Dec. 19, 1995, 109 Stat. 700; Pub. L. 104–66, title III, § 3001(b), Dec. 21, 1995, 109 Stat. 734; Pub. L. 104–106, div. A, title X, § 1064(c), div. D, title XLIII, § 4301(a)(2), Feb. 10, 1996, 110 Stat. 445, 656.)
References in Text
The Lobbying Disclosure Act of 1995, referred to in subsec. (b)(2)(A), (3), is
Pub. L. 104–65, Dec. 19, 1995,
109 Stat. 691, which is classified principally to chapter 26 (§ 1601 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section
1601 of Title
2 and Tables.
Codification
Another section
1352 was renumbered section
1353 of this title.
Amendments
1996—Subsec. (b)(2).
Pub. L. 104–106, § 4301(a)(2), which directed amendment of par. (2) by inserting “and” after the semicolon at the end of subpar. (A) and by striking out subpar. (C), was not executed because subsec. (b)(2) did not contain a subpar. (C) subsequent to amendment by
Pub. L. 104–65, § 10(a)(1). See 1995 Amendment note below.
Subsec. (b)(6)(A).
Pub. L. 104–106, § 1064(c)(1), which directed insertion of “(other than the Secretary of Defense and Secretary of a military department)” after “The head of each agency”, could not be executed because subsec. (b)(6) did not contain a subpar. (A) subsequent to amendment by
Pub. L. 104–65, § 10(a)(3). See 1995 Amendment note below.
Subsec. (d)(1).
Pub. L. 104–106, § 1064(c)(2), which directed the insertion of “(other than in the case of the Department of Defense or a military department)” after “paragraph (3) of this subsection”, could not be executed because subsec. (d)(1) did not contain phrase “paragraph (3) of this subsection” subsequent to amendment by
Pub. L. 104–65, § 10(b). See 1995 Amendment note below.
1995—Subsec. (b)(2).
Pub. L. 104–65, § 10(a)(1), added subpars. (A) and (B) and struck out former subpars. (A) to (C) which read as follows:
“(A) a statement setting forth whether such person—
“(i) has made any payment with respect to that Federal contract, grant, loan, or cooperative agreement, using funds other than appropriated funds, which would be prohibited by subsection (a) of this section if the payment were paid for with appropriated funds; or
“(ii) has agreed to make any such payment;
“(B) with respect to each such payment (if any) and each such agreement (if any)—
“(i) the name and address of each person paid, to be paid, or reasonably expected to be paid;
“(ii) the name and address of each individual performing the services for which such payment is made, to be made, or reasonably expected to be made;
“(iii) the amount paid, to be paid, or reasonably expected to be paid;
“(iv) how the person was paid, is to be paid, or is reasonably expected to be paid; and
“(v) the activity for which the person was paid, is to be paid, or is reasonably expected to be paid; and
“(C) a certification that the person making the declaration has not made, and will not make, any payment prohibited by subsection (a).”
Subsec. (b)(3).
Pub. L. 104–65, § 10(a)(2), substituted “shall contain the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the person in connection with that loan insurance or guarantee.” for “shall contain—” and struck out subpars. (A) and (B) which read as follows:
“(A) a statement setting forth whether such person—
“(i) has made any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guaranty; or
“(ii) has agreed to make any such payment; and
“(B) with respect to each such payment (if any) and each such agreement (if any), the information described in paragraph (2)(B) of this subsection.”
Subsec. (b)(6), (7).
Pub. L. 104–65, § 10(a)(3), redesignated par. (7) as (6), and struck out former par. (6) which directed head of each agency to collect and compile detailed information on any unappropriated payments under Federal contracts, and report such information to the appropriate congressional officer or committee.
Subsecs. (d) to (h).
Pub. L. 104–65, § 10(b), and
Pub. L. 104–66, § 3001(b), amended section identically, redesignating subsecs. (e) to (h) as (d) to (g), respectively, and striking out former subsec. (d) which directed the Inspector General or official of each agency to submit annual reports to Congress on the compliance of each agency with the requirements imposed by this section.
1994—Subsec. (c).
Pub. L. 103–272, § 4(f)(1)(F)(i), substituted “(c)(1) Any person” for “(C)(1) Any person”.
Subsec. (e)(1)(C).
Pub. L. 103–272, § 4(f)(1)(F)(ii), substituted “appropriated” for “appropirated” and inserted period at end.
Subsec. (h)(7).
Pub. L. 103–272, § 4(f)(1)(F)(iii), inserted periods after “agency” and “guaranty”.
1990—Subsec. (e)(2)(C).
Pub. L. 101–512 inserted “or the single family maximum mortgage limit for affected programs, whichever is greater,” after “$150,000,”.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Pub. L. 104–106, see section 4401 of
Pub. L. 104–106, set out as a note under section
251 of Title
41, Public Contracts.
Effective Date of 1995 Amendment
Amendment by
Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of
Pub. L. 104–65, set out as an Effective Date note under section
1601 of Title
2, The Congress.
Effective Date
Section 319(d) of
Pub. L. 101–121 provided that: “Section
1352 of title
31, United States Code (as added by subsection (a)), shall take effect with respect to Federal contracts, grants, loans, cooperative agreements, loan insurance commitments, and loan guaranty commitments that are entered into or made more than 60 days after the date of the enactment of this Act [Oct. 23, 1989].”
First Report on May 31, 1990; Content
Section 319(b) of
Pub. L. 101–121 provided that the first report submitted under former subsec. (b)(6) of this section was to be submitted on May 31, 1990, and was to contain a compilation relating to the statements received under subsec. (b) of this section during the six-month period beginning on Oct. 1, 1989.
Notification of Compliance Date; Guidance for Agency Implementation
Section 319(c) of
Pub. L. 101–121 provided that: “The Director of the Office of Management and Budget shall notify the head of each agency that section
1352 of title
31, United States Code (as added by subsection (a)), is to be complied with commencing 60 days after the date of the enactment of this Act [Oct. 23, 1989]. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue the guidance required by subsection (b)(7) [now (b)(6)] of such section.”