Page:United States Statutes at Large Volume 122.djvu/3140

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12 2 STA T .3 11 7PUBLIC LA W 11 0– 31 5— AU G .1 4, 200 8‘ ‘ (3)SINGLE-SOURC E BA SIS .—Thet e rm ‘ singl e-s ou r c e ba sis ’,w ith res p ect to an awar d o f a contract, means that the contract is awarded to a source after soliciting an offer or offers from, and negotiating with, onl y such source (although such source is not the only source in the mar k etplace capable of meeting the need) because such source is the most ad v antageous source for purposes of the award.’’. SEC.1 1 9 .CE RTIF IC A TI ON RE G AR D ING T H E U SE OF CERTAIN FEDERA L FUNDS. (a) P RO H IBI T ION.— N o F ederal funds received under the H igher E ducation A ct of 1965 ( 20U .S. C . 1001 et se q .) by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a M ember of Con- gress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b). (b) A P PLICABILIT Y .—The prohibition in subsection (a) applies with respect to the following Federal actions

(1) The awarding of any Federal contract. (2) The making of any Federal grant. (3) The making of any Federal loan. ( 4 ) The entering into of any Federal cooperative agreement. (5) The e x tension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (c) L OBBYING AN D EAR M AR K S.—No Federal student aid funding under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) may be used to hire a registered lobbyist or pay any person or entity for securing an earmark. (d) CERTI F ICATION.—Each institution of higher education or other postsecondary educational institution receiving Federal funding under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), as a condition for receiving such funding, shall annually certify to the Secretary of Education that the requirements of sub- sections (a) through (c) have been met. (e) ACTIONS TO I MPLEMENT AND ENFORCE.—The Secretary of Education shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced. SEC. 1 20 . INSTITUTION AND LENDER RE P ORTING AND DISCLOSURE RE Q UIRE M ENTS. Title I (as amended by this title) (20 U.S.C. 1001 et seq.) is further amended by adding at the end the following: ‘ ‘ PARTE—L E ND ER AND I N S TIT U TI O NRE -Q UIRE M ENTS RELATIN G TO EDU C ATION LOANS ‘ ‘SEC. 1 5 1. DEFINITIONS. ‘‘In this part: ‘‘(1) AGENT.—The term ‘agent’ means an officer or employee of a covered institution or an institution-affiliated organi z ation. ‘‘(2) CO V ERED INSTITUTION.—The term ‘covered institution’ means any institution of higher education, as such term is 20USC1 01 9.Deadlin e. 20 USC 1011 m .