[Congressional Record Volume 163, Number 206 (Monday, December 18, 2017)]
[Extensions of Remarks]
[Page E1717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF THE DISTRICT OF COLUMBIA CIVIL ENFORCEMENT EQUALITY ACT

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Monday, December 18, 2017

  Ms. NORTON. Mr. Speaker, today, I introduce the District of Columbia 
Civil Enforcement Equality Act. This bill is necessary to allow the 
District to enter into contracts with private attorneys to sue on the 
District's behalf for violations of D.C. law that may otherwise go 
unpunished due to a lack of resources. This bill would give D.C. the 
same authority enjoyed by states, other local governments and most 
federal agencies.
  The federal Anti-Deficiency Act, which applies to both the federal 
and District governments, prohibits contracting in advance of 
appropriations, such as contingency fee contracts. However, Congress 
has provided the authority for most federal agencies to enter into such 
contracts, notwithstanding the Anti-Deficiency Act, but has not done so 
for the District. This precludes the District from entering into 
contracts with attorneys on a contingency fee basis. In a contingency 
fee contract, lawyers pay for the initial costs of the litigation, and 
then the lawyers are reimbursed only for out-of-pocket expenses and 
receive a percentage of any amount awarded to the plaintiff.
  There is no federal law that precludes states and other local 
governments from entering into such contracts. At least 36 states, both 
red and blue states, have already used contingency fee contracts to 
enforce state laws, in addition to numerous city and county governments 
across the country. Contingency fee contracts are especially useful in 
cases with a large, costly discovery component. Examples of cases that 
are commonly tried on a contingency fee basis by state and local 
governments include nuisance, deceptive lending, securities fraud and 
debt and tax collection.
  This is an important step to increase D.C. home rule and generate 
revenue for the District, and I urge my colleagues to support this 
bill.

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