DOD, GSA, and NASA issue final rule amending the FAR to implement the Anti-Lobbying Statute.

DOD, GSA, and NASA have issued a final rule amending FAR Section 3.802 to implement the Anti-Lobbying Statute and make minor changes to the interim rule issued in 1990. (See 55 Fed. Reg. 3190, 1/30/90). The changes made to the interim rule include: (1) "redesignating" FAR 3.802(c)(2)(v) as FAR 3.802(d), (2) "redesignating" paragraph (b)(3)(ii)(E) of FAR clause 52.203-12 as paragraph (b)(4) of the clause, and (3) revising paragraphs (b)(3)(i)(E) and (b)(3)(ii)(D) of FAR clause 52.203-12 to clarify the activities that are permitted under the clause. This final rule will implement Section 319 of the Department of the Interior and Related Agencies Appropriations Act (the "Act") of 1990, Public Law 101-121. The Act added a new Section 1352 to title 31 U.S.C., which limited the use of appropriated funds to influence federal contracting and financial transactions. Section 319 (known as the Byrd Amendment) generally requires that recipients of federal contracts, grants, and loans may not use appropriated funds for lobbying the executive or legislative branches in connection with a specific contract, grant or loan. In addition, Section 319 also notes that each person who requests or receives a federal contract, grant, or cooperative agreement in excess of $100,000 or a loan or federal commitment that will insure or guarantee a loan, in excess of $150,000, must disclose any lobbying with other than appropriated funds. This final rule became effective September 30, 2005. (70 Fed. Reg. 57455, 9/30/05)