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<br /> Lobbying and Litigation
<br /> Lobbying ( Anti - Lobbying ) ( 40 CFR Part 34 ) Recipients of Federal grants , cooperative agreements , contracts , and
<br /> loans are prohibited by 31 USC 1352, " Limitation on Use of Appropriated Funds to Influence Certain Federal
<br /> Contracting and Financial Transactions , " from using Federal ( appropriated ) funds to pay any person for influencing
<br /> or attempting to influence any officer or employee of an agency , a Member of Congress , an officer or employee of
<br /> Congress , or an employee of a Member of Congress with respect to the award , continuation , renewal , amendment,
<br /> or modification of any of these instruments , These requirements are implemented for EPA in 40 CFR Part 34 , which
<br /> also describes types of activities , such as legislative liaison activities and professional and technical services , which
<br /> are not subject to this prohibition .
<br /> Applicants for EPA awards with total costs expected to exceed $ 100, 000 are required to certify that ( 1 ) they
<br /> have
<br /> not made, and will not make , such a prohibited payment, ( 2 ) they will be responsible for reporting the use
<br /> of non -
<br /> appropriated funds for such purposes , and ( 3 ) they will include these requirements in consortium agreements and
<br /> contracts under grants that will exceed $ 100 , 000 and obtain necessary certifications from those consortium
<br /> participants and contractors . The signature of the authorized organizational official on the application serves as the
<br /> required certification of compliance for the applicant organization . EPA appropriated funds may not be used to pay
<br /> the salary or expenses of an employee of a grantee , consortium participant, or contractor or those of an agent
<br /> related to any activity designed to influence legislation or appropriations pending before Congress or any State
<br /> legislature .
<br /> F Civil Rights ( 40 CFR Part 7 ) The Civil Rights Act of 1964 , Title VI , requires that no person in the
<br /> United
<br /> States shall , on the basis of race , color , or national origin , be excluded from participation in , be denied
<br />the
<br /> benefits of, or be subjected to discrimination under any program or activity receiving Federal financial
<br /> assistance . The EPA implementing regulations are codified at 40 CFR Part 7 .
<br /> Debarment ( 40 CFR Part 32 ) This action is taken by a debarring official in accordance with Federal agency
<br /> regulations implementing Executive Order 12549 to exclude a person or organization from participating in
<br /> transactions . Grantees may be debarred or suspended if they are found to have seriously and willfully not
<br /> compiled with grant conditions or are found to have engaged in scientific misconduct . If debarred , a
<br /> grantee may not receive Federal assistance funds and may not participate in covered transactions for the
<br /> period covered by the debarment.
<br /> • Drug - Free Workplace (40 CFR Part 32, Subpart F) The Drug - Free Workplace Act of 1988 ( Public Law 100 -
<br /> 690 , Title V , Subtitle D , as amended ) requires that all organizations receiving grants from any Federal
<br /> agency agree to maintain a drug -free workplace . Under this law , employees of grantees are prohibited from
<br /> engaging In the unlawful manufacture, distribution , dispensing , possession , or use of a controlled substance
<br /> at work . By signing the application , the authorized organizational official agrees that the grantee will
<br /> provide a drug -free workplace and will comply with requirements to notify NCI in the event that an
<br /> employee Is convicted of violating a criminal drug statute . Failure to comply with these requirements may
<br /> be cause for debarment. EPA implementing regulations are set forth in 40 CFR Part 32 , " Government-wide
<br /> Debarment and Suspension ( Non - procurement) and Government- wide Requirements for Drug - Free
<br /> Workplace ( Grants ) . "
<br /> Sex Discrimination ( 40 CFR Part 5 ) Section 901 of title IX of the Education Amendments of 1972 (20 USC
<br /> 1681 ) , as amended , provides that no person In the United States shall , on the basis of sex, be excluded
<br /> from participation in , be denied the benefits of, or be subjected to discrimination under any educational
<br /> program or activity receiving Federal financial assistance , The EPA implementing regulations are codified at
<br /> 40 CFR Part S .
<br /> Protcction Qf Human subjects ( 40 CFR Part 26 ) Protection of human subjects , in accordance with 40 CFR
<br /> Part 26 , is required of all research activities in which human subjects are involved . A human subject is
<br /> defined in 40 CFR Part 26 as " a living individual about whom an Investigator ( whether professional or
<br /> student) conducting research obtains ( a ) data through intervention or interaction with the Individual , or ( b )
<br /> identifiable private information . " The regulation also extends to the use of human organs , tissues , and body
<br /> fluids from individually identifiable human beings . There is additional protection for certain classes of
<br /> human research involving fetuses , pregnant women , human in - vitro fertilization , and prisoners . The
<br /> regulation exempts certain categories of research involving human subjects ( listed in 40 CFR Part 26 . 101
<br /> ( b ) ) which normally Involve little or no risk.
<br /> http ://www . epa_ gov/ogd/TecipientAobby . htm 6/24/2008
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