[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 53 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 53

 To amend title 18, United States Code, to prohibit any person who is 
 being compensated for lobbying the Federal Government from being paid 
                      on a contingency fee basis.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

 Mr. Thurmond introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to prohibit any person who is 
 being compensated for lobbying the Federal Government from being paid 
                      on a contingency fee basis.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That chapter 11 of 
title 18, United States Code, is amended by--
            (1) inserting between sections 219 and 223, the following 
        new section:
``Sec. 220. Contingency fees in lobbying
    ``(a)(1) It shall be unlawful for any person to make, with intent 
to influence, any oral or written communication on behalf of any other 
person other than the United States to any department, agency, court, 
House of Congress, or commission of the United States, for compensation 
if such compensation has knowingly been made dependent--
            ``(A) upon any action of Congress, including but not 
        limited to actions of either the House of Representatives or 
        the Senate, or any committee or member thereof, or the passage 
        or defeat of any proposed legislation;
            ``(B) upon the securing of an award, or upon the denial of 
        an award, of a contract or grant by establishment of the 
        Federal Government; or
            ``(C) upon the securing, or upon the denial, of any Federal 
        financial assistance or any other Federal contract or grant.
    ``(2) The provisions of paragraph (1) shall not apply in any case 
involving the collection of any amount owed on a debt or on a contract 
claim owed to a person by the Federal Government.
    ``(b) Any person who violates the provisions of this section shall 
be fined not more than $50,000 or imprisoned not more than two years, 
or both.
    ``(c) The Attorney General may bring a civil action in any United 
States district court, on behalf of the United States, against any 
person who engages in conduct prohibited by this section in lieu of or 
in addition to an action taken pursuant to subsection (b), and, upon 
proof of such conduct by a preponderance of the evidence, may recover 
twice the amount of any proceeds obtained by that person due to such 
conduct. Such civil action shall be barred unless the action is 
commenced within six years after the later of (1) the date on which the 
prohibited conduct occurred, or (2) the date on which the United States 
became or reasonably should have become aware that the prohibited 
conduct had occurred.''; and
            (2) amending the table of sections by striking out the item 
        between the item relating to section 219 and the item relating 
        to section 224 and inserting in lieu thereof the following:

``220. Contingency fees in lobbying.''.
    Sec. 2. This Act and the amendments made by this Act shall become 
effective on the date of enactment of this Act and shall apply to any 
contract entered into on or after such date of enactment.
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