Legislation known as the Byrd Amendment, section 1352, title 31, U.S. Code, provides the basis for subsequent federal requirements for certification regarding lobbying activities. All OSU administrators and faculty must be aware of, and comply with these requirements. Violations carry a stiff fine.
Certification regarding lobbying is required for an award of a federal contract, grant, or cooperative agreement exceeding $100,000 and for an award of a federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000. On grant and contract proposals to federal agencies, the certification regarding lobbying accompanies the proposal. An item on the OSU proposal check-off sheet brings this to the attention of administrators and faculty.
As an example, the certification regarding lobbying that is part of the cover sheet for proposals to the National Science Foundation is shown here. Similar lobbying certification forms are required for other federal agencies.
Basically the lobbying certification requires:
- that no federal funds are used for lobbying;
- that if non-federal funds are used for lobbying, a disclosure form must be submitted to the federal agency with the proposal or prior to the award;
- that the two requirements listed above also apply to all subawards (i.e. subcontracts, cooperative agreements, etc.).
National Science Foundation
This certification is required for an award of a Federal contract, grant, or cooperative agreement exceeding $100,000 and for an award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
- No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting 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 the awarding of any federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
- If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer of 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipient's shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.