Page:United States Statutes at Large Volume 103 Part 2.djvu/1010

 103 STAT. 2020 PUBLIC LAW 101-235—DEC. 15, 1989 "(8) DEPOSIT OP PENALTIES.— The Secretary shall deposit all civil money penalties collected under this subsection into mis- cellaneous receipts of the Treasury. "(e) PROHIBITION ON CONSULTING ACTIVITIES. — "(1) IN GENERAL.—Whoever is fined under subsection (d) may be prohibited, for the 3-year period beginning on the date of the imposition of the fine, from receiving any payment or thing of value for performing any services (with respect to any applica- tion for financial assistance within the jurisdiction of the Department) for any applicant. "(2) CRIMINAL PENALTY. —Whoever violates the prohibition under paragraph (1) shall, upon conviction, be guilty of a felony and shall be fined under title 18, United States Code, or impris- oned not more than 5 years, or both. "(f) DEFINITIONS. —For purposes of this section: "(1) The term 'person' means an individual (including a consultant, lobbsdst, or lawyer), corporation, company, associa- tion, authority, firm, partnership, society. State, local govern- ment, or any other organization or group of people. "(2) The term 'expenditure' includes a payment, distribution, loan, advance, deposit, gift of money, or anything else of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. "(3) The term 'financial assistance within the jurisdiction of the Department' includes any contract, grant, loan, cooperative agreement, or other form of assistance, including the insurance or guarantee of a loan, mortgage, or pool of mortgages. "(4) The term 'knowingly' means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. "(5) The term 'reasonable compensation' means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to or not furnished in cooperation with the Department. "(6) The term 'regularly employed'means, with respect to an officer or employee of a person requesting or receiving assist- ance within the jurisdiction of the Department or who is in- volved in a management action with respect to such assistance, an officer or employee who is employed by such person for at least 130 working da3rs within one year immediately before the date of the submission that initiates departmental consideration of such person for receipt of such assistance, or the date of initiation of any management action. "(g) REGULATIONS.—The Secretary shall issue any regulations necessary to implement this section. "(h) EFFECTIVE DATE. — Th is section shall take effect on the date specified in regulations implementing this section that are issued by the Secretary after notice and public comment. The regulations shall establish standards that include determinations of what types of activities constitute influence with respect to the decisions of the Department described in subsection (a)(1)(A) and (B).".

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