31 U.S.C. § 1351 — Reports on violations

Page 184 TITLE 31—MONEY AND FINANCE § 1349 by the head of the agency. Appropriations of an execu- tive agency are available only if the head of the agency also certifies that the call is necessary in the interest of the Government.’’ 1984—Subsec. (d). Pub. L. 98–407 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–407, title VIII, § 811(b), Aug. 28, 1984, 98 Stat. 1523, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective as of January 1, 1984. Funds appropriated to the Depart- ment of Defense may be used to reimburse persons for expenditures made after December 31, 1983, for the in- stallation, repair, and maintenance of telephone wiring in any Government-owned or leased housing unit before the date of the enactment of this Act [Aug. 28, 1984].’’ EMPLOYEES AUTHORIZED TO WORK AT HOME Pub. L. 104–52, title VI, § 620, Nov. 19, 1995, 109 Stat. 501, provided that: ‘‘Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 1996, and hereafter, any department, divi- sion, bureau, or office may use funds appropriated by this or any other Act to install telephone lines, and necessary equipment, and to pay monthly charges, in any private residence or private apartment of an em- ployee who has been authorized to work at home in ac- cordance with guidelines issued by the Office of Per- sonnel Management: Provided, That the head of the de- partment, division, bureau, or office certifies that ade- quate safeguards against private misuse exist, and that the service is necessary for direct support of the agen- cy’s mission.’’ § 1349. Adverse personnel actions (a) An officer or employee of the United States Government or of the District of Columbia gov- ernment violating section 1341(a) or 1342 of this title shall be subject to appropriate administra- tive discipline including, when circumstances warrant, suspension from duty without pay or removal from office. (b) An officer or employee who willfully uses or authorizes the use of a passenger motor vehi- cle or aircraft owned or leased by the United States Government (except for an official pur- pose authorized by section 1344 of this title) or otherwise violates section 1344 shall be sus- pended without pay by the head of the agency. The officer or employee shall be suspended for at least one month, and when circumstances war- rant, for a longer period or summarily removed from office. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 926.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1349(a) ..... 31:665(i)(1)(words be- fore semicolon re- lated to (a), (b)). R.S. § 3679(i)(1)(words before semicolon related to (a), (b)); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. 1349(b) ..... 31:638a(c)(2)(2d sen- tence). July 16, 1914, ch. 141, § 5(c)(2)(2d sentence), 38 Stat. 508; restated Aug. 2, 1946, ch. 744, § 16(a), 60 Stat. 810. In subsection (a), the words ‘‘In addition to any pen- alty or liability under other law’’ are omitted as sur- plus. The words ‘‘District of Columbia government’’ are added because of section 47–105 of the D.C. Code. In subsection (b), the words ‘‘of the Government’’ and ‘‘from duty’’ are omitted as unnecessary because of the restatement. The word ‘‘pay’’ is substituted for ‘‘com- pensation’’ for consistency. The word ‘‘agency’’ is sub- stituted for ‘‘department’’ because of section 101 of the revised title and for consistency. § 1350. Criminal penalty An officer or employee of the United States Government or of the District of Columbia gov- ernment knowingly and willfully violating sec- tion 1341(a) or 1342 of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 926.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1350 ......... 31:665(i)(1)(words after semicolon related to (a), (b)). R.S. § 3679(i)(1)(words after semicolon related to (a), (b)); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. The words ‘‘District of Columbia government’’ are added because of section 47–105 of the D.C. Code. The words ‘‘upon conviction’’ are omitted as surplus. § 1351. Reports on violations If an officer or employee of an executive agen- cy or an officer or employee of the District of Columbia government violates section 1341(a) or 1342 of this title, the head of the agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the Presi- dent and Congress all relevant facts and a state- ment of actions taken. A copy of each report shall also be transmitted to the Comptroller General on the same date the report is trans- mitted to the President and Congress. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 926; Pub. L. 108–447, div. G, title I, § 1401(a), Dec. 8, 2004, 118 Stat. 3192.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1351 ......... 31:665(i)(2)(related to (a), (b)). R.S. § 3679(i)(2)(related to (a), (b)); Mar. 3, 1905, ch. 1404, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. The words ‘‘executive agency’’ are substituted for ‘‘agency’’ because the definition of ‘‘agency’’ in 31:665(d)(2) applies to the source provisions restated in the section and because of section 102 of the revised title. The word ‘‘Mayor’’ is used because of Reorganiza- tion Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 948) and sections 421, 422, and 771 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93–198, 87 Stat. 789, 818). The word ‘‘Presi- dent’’ is substituted for ‘‘President, through the Direc- tor of the Office of Management and Budget’’ because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bu- reau of the Budget as the Office of Management and Page 185 TITLE 31—MONEY AND FINANCE § 1352 Budget and transferred all functions of the Bureau to the President. Editorial Notes AMENDMENTS 2004—Pub. L. 108–447 inserted at end ‘‘A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.’’ § 1352. Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions (a)(1) None of the funds appropriated by any Act may be expended by the recipient of a Fed- eral contract, grant, loan, or cooperative agree- ment to pay any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Mem- ber of Congress in connection with any Federal action described in paragraph (2) of this sub- section. (2) The prohibition in paragraph (1) of this subsection applies with respect to the following Federal actions: (A) The awarding of any Federal contract. (B) The making of any Federal grant. (C) The making of any Federal loan. (D) The entering into of any cooperative agreement. (E) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agree- ment. (b)(1) Each person who requests or receives a Federal contract, grant, loan, or cooperative agreement from an agency or requests or re- ceives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency, in accordance with paragraph (4) of this subsection— (A) a written declaration described in para- graph (2) or (3) of this subsection, as the case may be; and (B) copies of all declarations received by such person under paragraph (5). (2) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in connection with a Federal contract, grant, loan, or coopera- tive agreement shall contain— (A) the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the person with respect to that Federal contract, grant, loan, or cooperative agreement; and (B) a certification that the person making the declaration has not made, and will not make, any payment prohibited by subsection (a). (3) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in connection with a commitment providing for the United States to insure or guarantee a loan shall con- tain the name of any registrant under the Lob- bying Disclosure Act of 1995 who has made lob- bying contacts on behalf of the person in con- nection with that loan insurance or guarantee. (4) A person referred to in paragraph (1)(A) of this subsection shall file a declaration referred to in that paragraph— (A) with each submission by such person that initiates agency consideration of such person for award of a Federal contract, grant, loan, or cooperative agreement, or for grant of a commitment providing for the United States to insure or guarantee a loan; (B) upon receipt by such person of a Federal contract, grant, loan, or cooperative agree- ment or of a commitment providing for the United States to insure or guarantee a loan, unless such person previously filed a declara- tion with respect to such contract, grant, loan, cooperative agreement or commitment pursuant to clause (A); and (C) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information con- tained in any declaration previously filed by such person in connection with such Federal contract, grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment. (5) Any person who requests or receives from a person referred to in paragraph (1) of this sub- section a subcontract under a Federal contract, a subgrant or contract under a Federal grant, a contract or subcontract to carry out any pur- pose for which a particular Federal loan is made, or a contract under a Federal cooperative agreement shall be required to file with the per- son referred to in such paragraph a written dec- laration referred to in clause (A) of such para- graph. (6) The Director of the Office of Management and Budget, after consulting with the Secretary of the Senate and the Clerk of the House of Rep- resentatives, shall issue guidance for agency im- plementation of, and compliance with, the re- quirements of this section. (c)(1) Any person who makes an expenditure prohibited by subsection (a) of this section shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. (2)(A) Any person who fails to file or amend a declaration required to be filed or amended under subsection (b) of this section shall be sub- ject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (B) A filing of a declaration of a declaration amendment on or after the date on which an ad- ministrative action for the imposition of a civil penalty under this subsection is commenced does not prevent the imposition of such civil penalty for a failure occurring before that date. For the purposes of this subparagraph, an ad- ministrative action is commenced with respect to a failure when an investigating official deter- mines in writing to commence an investigation of an allegation of such failure. (3) Sections 3803 (except for subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812 of this title shall be applied, consistent with the require- ments of this section, to the imposition and col- lection of civil penalties under this subsection. (4) An imposition of a civil penalty under this subsection does not prevent the United States from seeking any other remedy that the United States may have for the same conduct that is the basis for the imposition of such civil pen- alty.