Lobbying Certification
General
Lobbying is the attempt to influence decisions made by officials in the government, including elected officials and those who work for regulatory agencies.
prohibits federal funds from being expended to influence or attempt to influence a federal agency or Congress in connection with the award of any federal contract or grant. This prohibition applies to all recipients, including lower tier sub-recipients of a federal contract or grant. Prior to receiving funds in excess of $100,000 per contract/grant, the LG must submit to TxDOT a certification that it has not and will not make any prohibited payments for lobbying. This certification is obtained by a provision in the AFA executed by both parties. By signing a contract or subcontract, a consultant or service provider to the LG is certifying it will comply with lobbying restrictions.
The LG certification is to be retained by TxDOT. Likewise, lower-tier certifications are to be retained by the next higher tier (i.e., the LG retain its consultants’ and service providers’ certifications, etc.).
Any participant that has made or agreed to make payments for lobbying activities using non-federal funds is required to disclose such activities. Payments of non-federal funds to regularly employed officers or employees of the agency or firm are exempt from the disclosure requirement.
Federal Requirements
- – Requires:
- the administrating entity to include the lobbying certification in contracts;
- by signing a contract, the consultant or service provider to certify it meets lobbying requirements of 49 CFR Part 20; and
- the LG to include lobbying certification in all lower-tier contracts in excess of $100,000.
- – Places additional restrictions on lobbying.
- Requires recipients of federal funds in excess of $100,000 to file a disclosure form with FHWA.
- Contains details of the certification.
State Requirements
- No comparable statutes.