FAR 3.801—Definitions.
Plain-English Summary
FAR 3.801 is the definitions section for Subpart 3.8, which implements the federal restrictions on certain lobbying-related activities and related disclosures in connection with covered Federal actions. It defines the key terms that determine when the rules apply, including agency, covered Federal action, Indian tribe and tribal organization, influencing or attempting to influence, local government, officer or employee of an agency, person, reasonable compensation, reasonable payment, recipient, regularly employed, and State. These definitions matter because they set the scope of the prohibition and disclosure framework: if a transaction is a covered Federal action, and a person or recipient engages in covered lobbying-type communications, the later sections of the subpart may require certifications, disclosures, or limit the use of Federal funds. In practice, this section tells contractors, grantees, lenders, and agencies who is covered, what actions count, which communications are relevant, and how to interpret compensation and employment status when evaluating compliance. It also clarifies special treatment for Indian tribes and certain Indian organizations, which are excluded from some of these definitions only for specified expenditures and only where other Federal law permits.
Key Rules
Agency means executive agency
For this subpart, "agency" is limited to an executive agency as defined in FAR 2.101. That means the definitions apply to executive branch agencies, not every possible government entity.
Covered Federal action is broad
A covered Federal action includes awarding, making, entering into, extending, continuing, renewing, amending, or modifying a Federal contract, grant, loan, or cooperative agreement. The definition is intentionally broad so the rules reach both initial awards and later changes to existing instruments.
Influencing covers communications and appearances
"Influencing or attempting to influence" means making a communication or appearance, with intent to influence, before specified Federal or congressional officials in connection with a covered Federal action. The intent element matters, and the communication must relate to the covered action.
Person and recipient are broadly defined
"Person" includes individuals and many business and governmental entities, including States and local governments. "Recipient" includes the contractor and all subcontractors, which expands compliance obligations down the contracting chain.
Employment and compensation terms are specific
"Regularly employed" uses a 130-working-day lookback period, and "reasonable compensation" and "reasonable payment" are benchmarked against normal private-sector compensation or payment levels. These definitions help determine whether payments or employment relationships are within acceptable limits.
Special exclusions for Indian tribes and organizations
Indian tribes, tribal organizations, and certain Indian organizations are excluded from the definitions of person and recipient only for expenditures made for purposes specified in 3.802(a) and only when permitted by other Federal law. This is a targeted carve-out, not a blanket exemption.
State and local government definitions are expansive
"State" includes the 50 States, D.C., outlying areas, State instrumentalities, and multi-State or interstate entities with governmental duties and powers. "Local government" includes a wide range of local public bodies and instrumentalities recognized by a State.
Agency personnel includes more than civil servants
"Officer or employee of an agency" includes Title 5 appointees, uniformed service members, special Government employees, and members of Federal advisory committees. This broadens the set of officials covered by the communication restrictions.
Responsibilities
Contracting Officers
Identify whether the transaction is a covered Federal action and determine whether the parties involved fall within the defined terms. Use these definitions when deciding whether certifications, disclosures, or compliance reviews are required under the rest of Subpart 3.8.
Contractors
Understand whether they and their subcontractors are "recipients" and whether their communications, payments, or employment relationships fall within the defined terms. Ensure internal lobbying, consulting, and subcontracting arrangements are evaluated against these definitions before making submissions or seeking award actions.
Subcontractors
Recognize that they are included within the definition of recipient and may be subject to the same restrictions and disclosure expectations as prime contractors. Coordinate with the prime contractor on any covered communications or payments tied to a covered Federal action.
Agencies
Apply the definitions consistently when administering contracts, grants, loans, and cooperative agreements. Ensure program and acquisition personnel understand which officials, entities, and actions are covered so compliance determinations are accurate.
Indian tribes and tribal organizations
Determine whether the special exclusions apply to the specific expenditures at issue and confirm that the expenditures are permitted by other Federal law. Do not assume a blanket exclusion from all requirements in the subpart.
Lobbyists, consultants, and other representatives
Assess whether communications or appearances are made with intent to influence a covered Federal action and whether those activities trigger the subpart’s restrictions or disclosure obligations. Keep records that distinguish covered lobbying-type activity from ordinary technical, administrative, or programmatic communications.
Practical Implications
This section is the gateway to the rest of Subpart 3.8: if you misread a definition, you may miss a disclosure obligation or incorrectly assume the rule does not apply.
The 130-working-day rule for "regularly employed" can change a person’s status over time, so contractors and recipients should track employment history carefully rather than relying on job titles alone.
Because "recipient" includes subcontractors, primes need flowdown awareness and should not assume subcontractor lobbying activity is outside their compliance universe.
The definition of "covered Federal action" includes modifications and renewals, so compliance reviews should not stop after the initial award.
The Indian tribe/tribal organization exclusions are narrow and conditional; users should verify both the purpose of the expenditure and whether other Federal law permits the activity before relying on the exclusion.
The broad definition of agency personnel means communications with advisory committee members, special Government employees, or uniformed service members may count just as much as communications with traditional civil servants.
Reasonable compensation and reasonable payment are market-based standards, so inflated consulting fees or unusual compensation arrangements can create compliance risk even if the underlying communication is otherwise permissible.
Official Regulatory Text
As used in this subpart- Agency means " executive agency" as defined in 2.101 . Covered Federal action means any of the following actions: (1) Awarding any Federal contract. (2) Making any Federal grant. (3) Making any Federal loan. (4) Entering into any cooperative agreement. (5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement. Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ) and include Alaskan Natives. Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. Officer or employee of an agency includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment. (2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code. (3) A special Government employee, as defined in section 202, Title 18, United States Code. (4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2. Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802 (a) and are permitted by other Federal law. Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. Recipient includes the contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph 3.802 (a) and are permitted by other Federal law. Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. State means a State of the United States, the District of Columbia, an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.