Overview
This section mandates that federal agencies enforce and collect civil penalties for violations of lobbying disclosure requirements and illegal influence payments by utilizing the framework established under the Program Fraud and Civil Remedies Act (PFCRA).
Key Rules
- Mandatory Enforcement: Agencies are required ("shall") to impose and collect civil penalties when violations occur.
- Statutory Authority: The primary legal basis for these penalties is the Program Fraud and Civil Remedies Act (31 U.S.C. 3803–3808 and 3812).
- Regulatory Precedence: The provisions of the PFCRA apply to these violations as long as they do not conflict with the specific requirements of FAR Subpart 3.8.
Practical Implications
- Contractors who fail to file required lobbying disclosures or who use federal funds for prohibited influencing activities face significant administrative fines and recovery actions.
- This section provides agencies with a streamlined administrative mechanism to penalize fraud and misrepresentation without necessarily requiring a full judicial proceeding in federal court.