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required certification shall be subject to a civil penalty of not less than SL0,000 and not more than S1oo,0o0 for each such failure. 37. NONDISCRIMINATION (Title V|,42 U.S.C. S 2000d et seq.) 37.1. During the performance of this Agreement, the suB-REclplENT agrees 37.1-1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.L.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 2L and herein. 37.L.3, To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOI or NHTSA, 37.t.4. That, in the event a contractorfunding recipient fails to comply with any nondiscrimination provisions in this contractfunding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub-contract or sub-agreement that receives federal funds under this program. 38. POUTTCAT ACTIV|TY IHATCH ACTI The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 39.PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE TOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal,