Page:United States Statutes at Large Volume 103 Part 1.djvu/782

 103 STAT. 754 PUBLIC LAW 101-121—OCT. 23, 1989 "(e)(l)(A) Subsection (a)(1) of this section does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement to the extent that the pay- ment is for agency and legislative liaison activities not directly related to a Federal action referred to in subsection (a)(2) of this section. "(B) Subsection (a)(1) of this section does not prohibit any reason- able payment to a person in connection with, or any payment of reasonable compensation to an officer or employee of a person requesting or receiving, a Federal contract, grant, loan, or coopera- tive agreement or an extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement. "(C) Nothing in this paragraph shall be construed as permitting the use of appropirated funds for making any payment prohibited in or pursuant to any other provision of law "(2) The reporting requirement in subsection (b) of this section shall not apply to any person with respect to— "(A) payments of reasonable compensation made to regularly employed ofRcers or employees of a person requesting or receiv- ing a Federal contract, grant, loan, or cooperative agreement or a commitment providing for the United States to insure or guarantee a loan; "(B) a request for or receipt of a contract (other than a contract referred to in clause (C)), grant, cooperative agreement, subcontract (other than a subcontract referred to in clause (O), or subgrant that does not exceed $100,000; and "(C) a request for or receipt of a loan, or a commitment providing for the United States to insure or guarantee a loan, that does not exceed $150,000, including a contract or sub- contract to carry out any purpose for which such a loan is made. "(0 The Secretary of Defense may exempt a Federal action de- scribed in subsection (a)(2) from the prohibition in subsection (a)(l) whenever the Secretary determines, in writing, that such an exemp- tion is in the national interest. The Secretary shall transmit a copy of each such written exemption to Congress immediately after making such determination. "(g) The head of each Federal agency shall take such actions as are necessary to ensure that the provisions of this section are vigorously implemented and enforced in such agency. "(h) As used in this section: "(1) The term 'recipient', with respect to funds received in connection with a Federal contract, grant, loan, or cooperative agreement— "(A) includes the contractors, subcontractors, or subgrantees (as the case may be) of the recipient; but "(B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures that are by

�