Federal regulations (2 C.F.R. Part 220, Cost Principles for Educational Institutions and 31 U.S.C. Section 1352, Byrd Amendment) restrict the use of federally appropriated funds to influence federal agency officials or members and employees of Congress in the awarding, extension, continuation, renewal, amendment or modification of grants, loans, cooperative agreements and contracts.
When the University submits a proposal to a Federal agency or accepts a federally funded grant, contract or cooperative agreement over $100,000 or loans exceeding $150,000, the University must certify the following:
No Federal funds were or will be expended to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with a specific award.
If the University has used or intends to use non-Federal funds for lobbying activities by an individual not regularly employed by NIU, the University must disclose certain information to the Federal agency regarding these lobbying activities. This disclosure is required in accordance with 31 U.S.C Section 1352 and is made using the Standard Form LLL, Disclosure of Lobbying Activities.
Disclosure of lobbying activities via the Standard Form LLL must be filed with the proposal or prior to any award and at the end of each calendar quarter in which any lobbying event occurs that requires disclosure or affects the accuracy of the information contained in any previously filed disclosures. This certification and disclosure requirement also flows down to NIU subrecipients (i.e. subawards, subcontracts) whereby subrecipients will certify and disclose lobbying activities to NIU as required for each proposal and award. NIU collects this certification from subrecipients using the OSP Subrecipient Commitment Form and the requirement is also incorporated as a standard term within the subrecipient award agreement.
Sanctions for Noncompliance
Under the Byrd Amendment, no awards will be made unless appropriate certifications have been filed. Institutions that make lobbying expenditures prohibited by the regulations shall be subject to a civil penalty ranging from $10,000 to $100,000 for each violation. Debarment or suspension (i.e. an inability to receive federal funding) may also be a penalty for non-compliance.
Minimum Compliance Action
On individual awards, do not lobby while supported with federal funds.
If lobbying is conducted with nonfederal funds, disclose the activity on a quarterly basis, as required through NIU Federal Relations so that any Federal disclosures required by the University can be made.