[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4109 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4109

               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 ``Contingency Fees in Lobbying 
Prohibition Act''.

SEC. 2. CONTINGENCY FEES IN LOBBYING.

    (a) Finding and Declaration.--The Congress finds that the conduct 
prohibited by subsection (c) is inimical to the public interest in 
protecting against the undue influence of overly aggressive lobbying on 
Government officials and that this section may, under the Constitution, 
appropriately be applied with respect to fees collected or billed on or 
after March 1, 1994.
    (b) Government Entity Defined.--For purposes of this section, the 
term ``Government entity'' means an entity in the executive branch, 
legislative branch, or judicial branch or a member, officer, or 
employee of any such entity.
    (c) Prohibition.--
            (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 
        construed as prohibiting 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.
    (d) Civil Action for Disgorgement of Fee.--
            (1) In general.--A person who has paid a contingent fee or 
        other compensation charged in violation of subsection (c) may 
        bring an action in the appropriate United States district court 
        to recover the amount paid and costs of suit, including a 
        reasonable attorney's fee.
            (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 aware that the prohibited 
                conduct occurred.
    (e) Application of Section.--The prohibition of subsection (a) 
shall apply to fees collected or billed on or after March 1, 1994.

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