Code of Federal Regulations · Section
§ 302.10 — Attorneys' And Consultants' Fees, Employment Of Expediters, And Post-employment Restriction
13 C.F.R. § 302.10
(a) Employment of expediters. Investment Assistance awarded under PWEDA shall not directly or indirectly reimburse any attorneys' or consultants' fees incurred in connection with obtaining Investment Assistance and contracts under PWEDA. Such Investment Assistance shall not be awarded to any Eligible Applicant, unless the owners, partners, or officers of the Eligible Applicant certify to EDA the names of any attorneys, agents, and other persons engaged by or on behalf of the Eligible Applicant for the purpose of expediting an application made to EDA in connection with obtaining Investment Assistance under PWEDA and the fees paid or to be paid to the person(s) for expediting the application.
(b) Post-employment restriction. (1) In general, any Eligible Applicant that is a non-profit organization, District Organization, or for-profit entity, for the two-year period beginning on the date on which the Investment Assistance under PWEDA is awarded to the Eligible Applicant, must refrain from employing, offering any office or employment to, or retaining for professional services any person who, on the date on which the Investment Assistance is awarded or within the one-year period ending on that date:
(i) Served as an officer, attorney, agent, or employee of the Department; and
(ii) Occupied a position or engaged in activities that the Assistant Secretary determines involved discretion with respect to the award of Investment Assistance under PWEDA.
(2) In addition to the types of Eligible Applicants noted in this paragraph (b), EDA may require another Eligible Applicant to execute an agreement to abide by the above-described post-employment restriction on a case-by-case basis; for example, when an institution of higher education implements activities under or related to the Investment Assistance through a separate non-profit organization or association.
Authorizing Statute
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Changed project circumstances42 U.S.C. § 3150
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Employment of expediters and administrative employees42 U.S.C. § 3216
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Powers of Secretary42 U.S.C. § 3211
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Findings15 U.S.C. § 3701
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Petitions and determinations19 U.S.C. § 2341
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Administration, operation, and maintenance42 U.S.C. § 3194
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Waiver of administrative conditions42 U.S.C. § 5141
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Acceptance of certifications by applicants42 U.S.C. § 3220
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Prohibition on use of funds for attorney’s and consultant’s fees42 U.S.C. § 3153
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Reports by recipients42 U.S.C. § 3152
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Economic development information clearinghouse42 U.S.C. § 3192
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Consultation with other persons and agencies42 U.S.C. § 3193
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Maintenance of standards42 U.S.C. § 3212
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Records and audits42 U.S.C. § 3218