! Federal Register / Vol. 54. No. 243 / Wednesday, December 29, 1989 / Notices 52323 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), 16. Information requested through this form is authorized by bidle 31 U.S.C. Federal Use Only. 52324 Federal Register / Vol. 54, No. 243 / Wednesday, December 20, 1939 / Notices INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at t. initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity: influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use :. SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items t apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and'or has been secured to influence t outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to t information previously reported, enter the year and quarter ir, which the change occurred. Enter the date of the I. previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prir or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st ti Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state a zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizatio! level below agency name, if knov.n. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the f Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and lo commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contra grant, or loan award number, the application/proposal control number assigned by the Federal agency). Inclu prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter t Federal amount of the award-loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting eni identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 ( Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to t lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Che all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or plann to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contributir specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his-sher name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 mintues per response, including time for reviewil instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection. information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestion for reducing this burden, to the Office of Management and Budget Paperwork Reduction Project (0348-0046), Washington, DC. 205€ Reporting Entity. Federal Register / Vol. 54, No. 243 / Wednesday. December 20. 1989 / Notices DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Page of Approved by OMB 0344-0046 Authorized for Local Reprodes 52325 Some weeks after the Attorney General's second appearance before your committee on the Department's budget authorization, you forwarded a letter from Senator Leahy posing questions on sealed settlements. As to the Senator's general requests, it would be exceedingly difficult and cumbersome for the Department to provide comprehensive responses. Confidential agreements may arise in a wide variety of contexts, including the broad range of civil and criminal litigation handled by the Department, as well as matters that are not in litigation. The Department does not keep any central file or data base of settlement agreements or confidential promises, or otherwise index or mark files that may contain such agreements or promises. As a result, we would be unable to respond to the Senator's general inquiries without a massive file-by-file search of Department records. To be complete, such a search would have to include the various litigating divisions and branches of the Department, as well as the offices of the United States Attorneys around the country. Those components contain over 5,000 attorneys litigating thousands of cases. In addition, the search would also have to include not only the records presently kept in those offices, but also the records maintained at the Department's storage facilities. In short, the Department would have to commit considerable resources to search an enormous number of individual files. Senator Leahy also requested additional information on settlements in the FBI discrimination cases. Only two of the settlement agreements discussed at the hearing contain confidential provisions. The agreement which resolved the class EEO complaint of James E. Short, signed by the parties in September 1989, contains no such provision and was made available A000017877930 to all members of that class and posted in the Identification Division at FBI Headquarters. Each of the remaining two agreements involved the resolution of claims raised by individual employees who have remained on duty in the FBI. One of those cases was resolved while still in the EEO administrative process; the other was resolved in the course of litigation in Federal Court. In both cases, the confidential provisions of the settlement agreements occurred during the negotiation process and were viewed by both parties to each agreement as beneficial. The FBI and Department of Justice attorneys involved in the settlement negotiations are unable to state with certainty which side proposed the confidential provisions. They were not, however, intended to prevent the Congress or the American public from understanding how the Government is settling cases. Rather, they were intended to protect the privacy of these employees and to permit them to return to productive careers in the FBI. As you are aware, the FBI recently reached a settlement with Donald Rochon, a plaintiff in three separate civil actions in Chicago and Washington, D.C. against the FBI and a number of its employees. There is no confidential provision in that settlement agreement and copies of the agreement were furnished to the FBI's Oversight Committees on the day they were signed. We believe this type of candor to be essential in keeping the Congress and the American people apprised of the manner in which we resolve allegations of racial discrimination and harassment. However, we believe we also have an obligation to protect the privacy of those employees who resolve their complaints with their employer. Privacy has also been a crucial element with protective orders in other areas of department interest and is best demonstrated through two examples. The first is Sanchez & United States v. King, Civ. No. 82-0067-M (D.N.M. 1984). As part of the settlement in that case, which challenged the denial of voting rights to Native Americans, the United States provided federal observers for elections in New Mexico. All parties and the court agreed that those monitoring reports should be kept under seal because they contained information that could reveal for whom identified individuals voted and single out individuals who had assisted Native Americans in casting their votes. Another protective order was entered in Mississippi v. United States, Civ. No. 87-3464 (D.D.C. 1987). In this action for a declaratory judgment pursuant to Section 5 of the Voting Rights Act, we sought discovery of state records that had been sealed for privacy reasons by state law until the year 2025. |