U.S. Department of Housing and Urban Development Washington, D.C. 20410-3000 October 28, 1993 OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION Ethics Letter 93-1 Special Attention of: PRINCIPAL STAFF ALL REGIONAL ADMINISTRATORS ALL FIELD OFFICE MANAGERS Subject: Federal Lobbying Restrictions: "Byrd Amendment" A. PURPOSE. The purpose of this Letter is to reemphasize the responsibilities of Headquarters and Regional Offices concerning the Byrd Amendment. It highlights the Amendment's application, significant dates, and the importance of prompt and thorough reporting. (See Ethics Letter 91-5 dated December 24, 1991, for guidance implementing the Byrd Amendment). The Byrd Amendment (Section 319 of Public Law 101-121) applies government-wide restrictions on lobbying activities to applicants requesting Federal assistance which exceeds $100,000, and applicants for Federal commitments (to insure or guarantee loans) over $150,000. Section 320 of Public Law 101-512, November 5, 1990 amended Section 319 to say that insured single family mortgages which do not exceed $150,000 or the single family mortgage limit for affected programs, whichever is greater, are exempt from the Byrd Amendment requirements. B. RESPONSIBILITIES 1. Field. In addition to Ethics Letter 91-5, refer to Handbook 7570.1 dated January 1992 entitled Public and Indian Housing Lobbying Handbook and Office of Housing Handbook 1060.03 dated September 1993 entitled Byrd Amendment - Limitations on Payments Made to Influence Certain Federal Financial and Contracting Transactions. A recap of that guidance follows: a. Applications are reviewed to determine if the required Byrd Amendment documents have been submitted. If an application is incomplete, the Field Office is to advise the applicant that the missing documents must be submitted before assistance may be provided. ___________________________________________________________________________ AE: Distribution: W-1, W-2, W-3, W-3-1, W-4, R-1, R-3-1, R-6, R-7, R-8, R-9, 0-16 _____________________________________________________________________ b. When a disclosure form (SF-LLL) is submitted by the applicant, the original will be forwarded to the Office of Ethics in Headquarters. A duplicate copy of the SF-LLL should be retained in the program file. c. Certifications/statements are retained in the appropriate file in the Field Office. d. Any request from a member of the public for a copy of a disclosure form shall be forwarded to the Office of Ethics for processing. The Office of Ethics will ensure the request is handled in accordance with the Freedom of Information Act. e. Field Offices must respond to the Office of Ethics' memorandum requesting the submission of original SF-LLL forms by April 15 and October 15 of each year. 2. Office of Ethics. The Office of Ethics is required to prepare semi-annual reports to the Senate and the House of Representatives that contain all of the SF-LLL forms received during the six month periods ending March 31 and September 30 in each year. The former report is due on May 31 and the latter on November 30 of each year. a. The Office of Ethics will prepare a memorandum to Principal Staff and Regional Administrators - Federal Housing Commissioners reminding them to forward original SF-LLL forms that have not already been submitted to the Office of Ethics. b. The Office of Ethics will prepare the final reports for the Secretary's signature by May 1 and November 1 of each year. 3. Program Offices. Headquarters Program Offices that receive assistance applications must adhere to the procedures described in the segment under Field Responsibilities. C. PENALTIES. A violation of provisions under the Byrd Amendment is subject to a penalty of not less than $10,000 and not more than $100,000 for each violation. ___________________________________________________________________________ Office of Ethics Page 2 Ethics letter 93-1