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contract, grant , loan , or cooperative agreement , the undersigned shall complete and subm it Standard Form- <br />LLL , Dis cl osure Form to Report Lo bb yi ng. in accordance with its instructions . <br />38.1.3. The undersigned shall require that the language of th is certification be included in the award <br />documen ts for all sub-a wards at all t iers (including sub-c ontracts , sub-grants , and contracts under grant, <br />loans, and cooperative agreements), and t hat all sub-recipients shall certify and disclose accordingly. <br />38.2. This certification is a material representati on of fact upon which reliance was placed when this <br />transaction was made or entered into . Submission of this certification is a prerequ isite for making or entering <br />into th is transaction imposed by Section 1352, Title 31 , U.S . Code. Any person who fails to file the required <br />certification shall be subject to a civil penalty of not less than $10 ,000 and not more than $100,000 for each <br />such failure. <br />39. NONDISCRfMINATION <br />39.1. During the performance of this Agreement, the SUB-REC[PIENT agrees: <br />39.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to <br />time . <br />39.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- <br />discrimination law or regulation , as set forth in Appendix B of 49 CFR Part 21 and herein. <br />39.1.3. To perm it access to its books , records, accounts , other sources of information, and its facilities as <br />required by the WTSC, USDOT, or NHTSA. <br />39.1.4. That , in the event a contractor/fund ing recipient fails to comply with any nondiscrimination <br />provisions in this contract/funding Agreement, the WTSC will have the right to impose such <br />contract/agreement sanctions as it or NHTSA determine are appropriate , including but not limited to <br />withholding payments to the contractor/funding recipient under the contract/agreement until the <br />contractor/funding recipient complies , and /or cancelling, terminating, or suspending a contract or funding <br />agreement, in whole or in part. <br />39.1.5. To insert this clause, including all paragraphs , in every sub-contract and sub-agreement and in every <br />solicitation for a sub-contract or sub-agreement that receives federal funds under this program. <br />40. POLITICAL ACTIVlTY (HATCH ACT) <br />The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S .C . 150 l-1508), which limit the <br />political activit ies of employees whose principal employment activities are funded in whole or in part with <br />federal funds. <br />41. PROfllBITfON ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE <br />The SUB-REClPlENT will not use 23 U.S.C . Chapter 4 grant funds for programs to check helmet usage or <br />to create checkpoints that specifically target mot orcycl ists . This Agreement does not inc lude any aspects or <br />elements of helmet usage or checkpoint s, and so fully complies with this requirement.