II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That chapter 11 of title 18, United States Code, is amend4 ed by—

5 (1) inserting between sections 219 and 223, the

6 following new section:
2

S 53 IS

1 ‘‘§ 220. Contingency fees in lobbying

2 ‘‘(a)(1) It shall be unlawful for any person to make,

3 with intent to influence, any oral or written communica4 tion on behalf of any other person other than the United

5 States to any department, agency, court, House of Con6 gress, or commission of the United States, for compensa7 tion if such compensation has knowingly been made

8 dependent—

9 ‘‘(A) upon any action of Congress, including

10 but not limited to actions of either the House of

11 Representatives or the Senate, or any committee or

12 member thereof, or the passage or defeat of any pro13 posed legislation;

14 ‘‘(B) upon the securing of an award, or upon

15 the denial of an award, of a contract or grant by es16 tablishment of the Federal Government; or

17 ‘‘(C) upon the securing, or upon the denial, of

18 any Federal financial assistance or any other Fed19 eral contract or grant.

20 ‘‘(2) The provisions of paragraph (1) shall not apply

21 in any case involving the collection of any amount owed

22 on a debt or on a contract claim owed to a person by the

23 Federal Government.

24 ‘‘(b) Any person who violates the provisions of this

25 section shall be fined not more than $50,000 or impris26 oned not more than two years, or both.
3

S 53 IS

1 ‘‘(c) The Attorney General may bring a civil action

2 in any United States district court, on behalf of the United

3 States, against any person who engages in conduct prohib4 ited by this section in lieu of or in addition to an action

5 taken pursuant to subsection (b), and, upon proof of such

6 conduct by a preponderance of the evidence, may recover

7 twice the amount of any proceeds obtained by that person

8 due to such conduct. Such civil action shall be barred un9 less the action is commenced within six years after the

10 later of (1) the date on which the prohibited conduct oc11 curred, or (2) the date on which the United States became

12 or reasonably should have become aware that the prohib13 ited conduct had occurred.’’; and

14 (2) amending the table of sections by striking

15 out the item between the item relating to section

16 219 and the item relating to section 224 and insert17 ing in lieu thereof the following:

‘‘220. Contingency fees in lobbying.’’.

18 SEC. 2. This Act and the amendments made by this

19 Act shall become effective on the date of enactment of this

20 Act and shall apply to any contract entered into on or

21 after such date of enactment.

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