[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4108 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4108

               To prohibit contingency fees in lobbying.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 1994

 Mr. Schumer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
               To prohibit contingency fees in lobbying.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lobbying Anti Contingency Fee Act of 
1994''.

SEC. 2. CONTINGENCY FEES IN LOBBYING.

    (a) Finding and Declaration.--The Congress finds that the conduct 
prohibited by the amendment made by subsection (b) is inimical to the 
public interest in protecting against the undue influence of overly 
aggressive lobbying on Government officials and that the amendment may, 
under the Constitution, appropriately be applied with respect to fees 
collected or billed on or after March 1, 1994, by persons who had 
actual knowledge of its pendency before Congress as of that date.
    (b) Offense.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following new section:
``Sec. 220. Contingency fees in lobbying
    ``(a) Definition.--In this section, `Government entity' means an 
entity in the executive branch, legislative branch, or judicial branch 
or a member, officer, or employee of any such entity.
    ``(b) Offense.--
            ``(1) In general.--A person shall not make, directly or 
        indirectly, on behalf of any person other than the United 
        States, an oral or written communication to a Government 
        entity, with intent to influence the Government entity with 
        respect to an event described in paragraph (2), for a fee or 
        other compensation the payment of any part of which is 
        contingent on the occurrence of that event.
            ``(2) Events attempted to be influenced.--An event is 
        described in this paragraph if it is--
                    ``(A) the taking of an action by Congress, 
                including an action by either House of Congress or any 
                committee or member of Congress; or
                    ``(B) the making or entering into of or denial of 
                an award, grant, financial assistance, or contract by a 
                Government entity.
            ``(3) Rule of construction.--Paragraph (1) shall not be 
        considered to prohibit a communication for a contingent fee 
        relating to a claim for collection of an amount that a client 
        alleges is owed by the Government under a contract or by reason 
        of any other form of obligation.
    ``(c) Criminal Penalty.--A person who violates subsection (a) shall 
be fined under this title, imprisoned not more than 2 years, or both.
    ``(d) Civil Action.--
            ``(1) In general.--The Attorney General may bring a civil 
        action in any United States district court, on behalf of the 
        United States, against a person who engages in conduct 
        prohibited by subsection (a), and, upon proof of such conduct 
        by a preponderance of the evidence, may recover twice the 
        amount of any contingent fee or other compensation received by 
        the person as a result of such conduct.
            ``(2) Limitation.--A civil action under paragraph (1) shall 
        be barred unless the action is commenced not later than 6 years 
        after the later of--
                    ``(A) the date on which the prohibited conduct 
                occurred; or
                    ``(B) the date on which the United States became or 
                reasonably should have become that the prohibited 
                conduct occurred.
    ``(e) Application of Section.--The prohibition of subsection (a) 
applies to conduct engaged in on or after March 1, 1994.''.
    (c) Clerical Amendment.--The table of chapters at the beginning of 
chapter 11 of title 18, United States Code, is amended by inserting 
after the item relating to section 219 the following new item:

``220. Contingency fees in lobbying.''.

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