HR 1996 IH

Union Calendar No. 429CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 1996CommentsClose CommentsPermalink

[Report No. 112-594]CommentsClose CommentsPermalink

To amend titles 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, to require the Administrative Conference of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 25, 2011CommentsClose CommentsPermalink

Mrs. LUMMIS (for herself, Mr. BISHOP of Utah, Mr. THOMPSON of Pennsylvania, Mr. SIMPSON, Mr. CHAFFETZ, Mr. YOUNG of Alaska, Mr. TIPTON, Mr. DENHAM, Mr. CONAWAY, Mr. REHBERG, Mr. COFFMAN of Colorado, Mr. FRANKS of Arizona, Mr. NUNES, Mrs. NOEM, Mr. LAMBORN, Mr. DUNCAN of Tennessee, Mr. PEARCE, Mr. HERGER, and Mr. FLAKE) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

July 11, 2012CommentsClose CommentsPermalink

Additional sponsors: Mr. WALDEN, Mr. RIBBLE, Mr. STUTZMAN, Mr. MARCHANT, Mr. PETERSON, Mr. COSTA, Mr. CARDOZA, Mr. ROSS of Florida, Mr. SAM JOHNSON of Texas, Mr. SMITH of Nebraska, Mr. LABRADOR, Mrs. HARTZLER, Ms. FOXX, Mr. ROHRABACHER, Mr. GOSAR, Mr. LATTA, Mr. LUETKEMEYER, Mr. MCKEON, Mr. PAUL, Mr. JONES, Mr. BENISHEK, Mrs. ADAMS, Mr. DUFFY, Mr. THORNBERRY, Mr. CALVERT, Mr. GIBBS, Mr. MILLER of Florida, Mr. HASTINGS of Washington, Mr. COBLE, Mr. QUAYLE, Mr. HULTGREN, Mr. BRADY of Texas, Mr. FLORES, Mr. GOHMERT, Mr. FLEMING, Mr. CANSECO, Mr. GRAVES of Georgia, Mr. NEUGEBAUER, Mr. NUNNELEE, Mr. CRAWFORD, Mr. MCCLINTOCK, Mr. CRAVAACK, Mrs. MYRICK, Mr. DUNCAN of South Carolina, Mrs. CAPITO, Mr. BERG, Mr. GARDNER, and Mr. WESTMORELANDCommentsClose CommentsPermalink

July 11, 2012CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

[For text of introduced bill, see copy of bill as introduced on May 25, 2011]CommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To amend titles 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, to require the Administrative Conference of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Government Litigation Savings Act’. CommentsClose CommentsPermalink

SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.

(a) Agency Proceedings-(1) ELIGIBILITY PARTIES; ATTORNEY FEES- Section 504 of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(A1) in subsection (a)(1),-- CommentsClose CommentsPermalink





(A) in paragraph (1)---- CommentsClose CommentsPermalink





(i) by inserting after ‘prevailing party’the first sentence the following: ‘Fees and other expenses may be awarded under this subsection only to a prevailing party who has a direct and personal monetary interest in the adjudication, includingversary adjudication because of personal injurymedical costs, property damage, ordenial of benefits, unpaid disbursement, fees and other expenses incurred in defense of the adjudication, interest in a policy concerning such medical costs, property damage, denial of benefits, unpaid disbursement, or fees and other expenses, or otherwise.’; and CommentsClose CommentsPermalink





(ii) by adding at the end the following: ‘The agency disbursement,conducting the adversary adjudication shall make any party against whom the adjudication is brought, at the time the adjudication is commenced, aware of the provisions of this section.’; and CommentsClose CommentsPermalink





(B) in paragraph (3), in the first sentence-- CommentsClose CommentsPermalink





(i) by striking ‘may reduce’ and inserting ‘shall reduce’; and CommentsClose CommentsPermalink





(ii) by striking ‘unduly and unreasonably’ and inserting ‘unduly or unreasonably’; CommentsClose CommentsPermalink





(2) in subsection (b)(1)-- CommentsClose CommentsPermalink





(iA) in subparagraph (A)(ii), by striking ‘$125 per hour’ and all that follows through ‘a higher fee’the end and inserting ‘$175200 per hour’; and(ii.);’; and CommentsClose CommentsPermalink





(B) in subparagraph (B)(ii), by striking ‘; except that’ and all that follows through ‘section 601’.

(2) REDUCTION OR DENIAL OF AWARDS- Section 504(a)(3) of title 5, United States Code, is amended in the first sentence--

(A) by striking ‘may reduce the amount to be awarded, or deny an award,’ and inserting ‘shall reduce the amount to be awarded, or deny an award, commensurate with pro bono hours and related fees and expenses, or’;

(B) by striking ‘unduly and’; and

(C) by striking ‘controversy.;’ and inserting ‘controversy or acted in an obdurate, dilatory, mendacious, or oppressive manner, or in bad faith.’.

(3) LIMITATION ON AWARDS- Section 504(a) of title 5, United States Code, is amended by adding at the end the following:

‘(5) A party may not receive an award of fees and other expenses under this sectionexcept that-- CommentsClose CommentsPermalink




‘(A) in excess of $200,000 in any single adversary adjudication, or‘(B) for moreI) the net worth of a party (other than 3 adversary adjudications initiated in the same calendar year,

unless the adjudicative officer of the agency determines that an award exceeding such limits is required to avoid severe and unjust harm to the prevailing party.’.

(4) REPORTING IN AGENCY ADJUDICATIONS- Section 504 of such title is amendedan individual or a unit of local government) shall include the net worth of any parent entity or subsidiary of that party; and CommentsClose CommentsPermalink





‘(II) for purposes of subclause (I)-- CommentsClose CommentsPermalink





(A ‘(aa) a ‘parent entity’ of a party is an entity that owns or controls the equity or other evidences of ownership in that party; and CommentsClose CommentsPermalink





‘(bb) a ‘subsidiary’ of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party;’; CommentsClose CommentsPermalink





(3) in subsection (c)(1), by striking ‘, United States Code’; and CommentsClose CommentsPermalink





(B) by striking subsection4) by striking subsections (e) and (f) and inserting the following: CommentsClose CommentsPermalink





‘(e)(1) The Chairman of the Administrative Conference of the United States shall issue an annual, online report, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the nature of and claims involved in each controversy (including the law under which the controversy arose), and any other the controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. Each agency shall provide the Chairman in a timely manner all information necessary for the Chairman to comply with the requirements of this subsection. The report shall be made available to the public online, and contain a searchable database of the total awards given, and the total number of applications for the award of fees and other expenses that were filed, defended, and heard, and shall include, with respect to each such application, the following:

‘(A) The name of the party seeking the award of fees and other expenses.

‘(B) The agency to which the application for the award was made.

‘(C) The names of the administrative law judges in the adversary adjudication that is the subject of the application.

‘(D) The disposition of the application, including any appeal of action taken on the application.

‘(E) The amount of each award.

‘(F) The hourly rates of expert witnesses stated in the application that was awarded.

‘(G) With respect to each award of fees and other expenses, the basis for the finding that the position of the agency concerned was not substantially justified. CommentsClose CommentsPermalink





‘(2)(A) The report underrequired by paragraph (1) shall coveraccount for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions, except that any version of the report made available to the public may not reveal any information the disclosure of which is contrary to the national security of the United States. CommentsClose CommentsPermalink





‘(B) The disclosure of fees and other expenses required under subparagraph (A) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. CommentsClose CommentsPermalink





’.

(5) ADJUSTMENT OF ATTORNEY FEES- Section 504 of such title is amended by adding at the end the following:

‘(g ‘(f) The Chairman of the Administrative Conference shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this section: CommentsClose CommentsPermalink





‘(1) The name of each party to whom the award was made. CommentsClose CommentsPermalink





‘(2) The name of each counsel of record representing each party to whom the award was made. CommentsClose CommentsPermalink





‘(3) The agency to which the application for the award was made. CommentsClose CommentsPermalink





‘(4) The name of each counsel of record representing the agency to which the application for the award was made. CommentsClose CommentsPermalink





‘(5) The name of each administrative law judge, and the name of any other agency employee serving in an adjudicative role, in the adversary adjudication that is the subject of the application for the award. CommentsClose CommentsPermalink





‘(6) The amount of the award. CommentsClose CommentsPermalink





‘(7) The names and hourly rates of each expert witness for whose services the award was made under the application. CommentsClose CommentsPermalink





‘(8) The basis for the finding that the position of the agency concerned was not substantially justified. CommentsClose CommentsPermalink





‘(g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or court order, or the disclosure of which is contrary to the national security of the United States. CommentsClose CommentsPermalink





‘(h) The Director of the Office of Management and Budget mayshall adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for the fiscal year beginning October 1, 2012, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor.’. CommentsClose CommentsPermalink





(b) Court Cases-(1) ELIGIBILITY PARTIES; ATTORNEY FEES; LIMITATION ON AWARDS- Section 2412(d) of title 28, United States Code, is amended-- CommentsClose CommentsPermalink





(A) in1) by amending paragraph (1)--

(i) in subparagraph (A)--

(I) by striking ‘in any civil action’ and all that follows through ‘jurisdiction of that action’ and inserting ‘in the civil action’; and

(II) by striking ‘shall award to a prevailing party other than the United States’ and inserting the following: ‘(A) to read as follows: ‘(A) Except as otherwise specifically provided by statute, a court, in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, shall award to a prevailing party (other than the United States) fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in the civil action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. Fees and other expenses may be awarded under this paragraph only to a prevailing party who has a direct and personal monetary interest in the civil action, including because of personal injurymedical costs, property damage, ordenial of benefits, unpaid agency disbursement, other than the United States,’; and

(ii) by adding at the end the following:

‘(E) An individual or entity may not receive an award of fees and other expenses under this subsection in excess of--

‘(i) $200,000 in any singldisbursement, fees and other expenses incurred in defense of the civil action, or

‘(ii) for more than 3 civil actions initiated in the same calendar year,

unless the presiding judge determines that an award exceedinterest in a policy concerning such limits is required to avoid severe and unjust harm to the prevailing party.’;(Bmedical costs, property damage, denial of benefits, unpaid disbursement, or fees and other expenses, or otherwise.’; CommentsClose CommentsPermalink




(2) in paragraph (1)(C)-- CommentsClose CommentsPermalink





(A) by striking ‘court, in its discretion, may’ and inserting ‘court shall’; and CommentsClose CommentsPermalink





(B) by striking ‘unduly and unreasonably’ and inserting ‘unduly or unreasonably’; CommentsClose CommentsPermalink





(3) in paragraph (2)-- CommentsClose CommentsPermalink





(iA) in subparagraph (A)(ii), by striking ‘$125 per hour’ and all that follows through ‘a higher fee’the end and inserting ‘$175200 per hour’; and(ii.);’; CommentsClose CommentsPermalink





(B) in subparagraph (B)(ii), by striking ‘; except that’ and all that follows through ‘section 601’.(2) REDUCTION OR DENIAL OF AWARDS- Section 2412(d)(1)(C) of title 28, United States Code, is amended--

(A) by striking ‘, in its discretion, may reduce the amount to be awarded pursuant to this subsection, or deny an award,’ and inserting ‘shall reduce the amount to be awarded under this subsection, or deny an award, commensurate with pro bono hours and related fees and expenses, or’;

(B) by striking ‘unduly and’; and

(C) by striking ‘controversy.5;’ and inserting ‘controversy or acted in an obdurate, dilatory, mendacious, or oppressive manner, or in bad faith.’.(3) ADJUSTMENT OF ATTORNEY FEES- Section 2412(d) of title 28, United States Code, is amendedexcept that-- CommentsClose CommentsPermalink




‘(I) the net worth of a party (other than an individual or a unit of local government) shall include the net worth of any parent entity or subsidiary of that party; and CommentsClose CommentsPermalink





‘(II) for purposes of subclause (I)-- CommentsClose CommentsPermalink





‘(aa) a ‘parent entity’ of a party is an entity that owns or controls the equity or other evidences of ownership in that party; and CommentsClose CommentsPermalink





‘(bb) a ‘subsidiary’ of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party;’; and CommentsClose CommentsPermalink





(4) by adding at the end the following: CommentsClose CommentsPermalink





‘(5) The Director of the Office of Management and Budget mayshall adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the fiscal year beginning October 1, 2012, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor. CommentsClose CommentsPermalink





’.

(4) REPORTING- Section 2412(d) of title 28, United States Code, is further amended by adding at the end the following:

‘(6)(A) The Chairman of the Administrative Conference of the United States shall issue an annual, online reportreport annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the nature of and claims involved in each controversy (including the law under which the controversy arose), and any other , and any other relevant information thatwhich may aid the Congress in evaluating the scope and impact of such awards. Each agency shall provide the Chairman with such information as is necessary for the Chairman to comply with the requirements of this paragraph. The report shall be made available to the public online and shall contain a searchable database of total awards given and the total number of cases filed, defended, or heard, and shall include with respect to each such case the following:

‘(i) The name of the party seeking the award of fees and other expenses in the case.

‘(ii) The district court hearing the case.

‘(iii) The names of the presiding judges in the case.

‘(iv) The agency involved in the case.

‘(v) The disposition of the application for fees and other expenses, including any appeal of action taken on the application.

‘(vi) The amount of each award.

‘(vii) The hourly rates of expert witnesses stated in the application that was awarded.

‘(viii) With respect to each award of fees and other expenses, the basis for the finding that the position of the agency concerned was not substantially justified. CommentsClose CommentsPermalink





‘(B)(i) The report underrequired by subparagraph (A) shall coveraccount for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions, except that any version of the report made available to the public may not reveal any information the disclosure of which is contrary to the national security of the United States. CommentsClose CommentsPermalink





‘(ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. CommentsClose CommentsPermalink





‘(C) The Chairman of the Administrative Conference shall include and clearly identify in the annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report-- CommentsClose CommentsPermalink





‘(i) any amounts paid from section 1304 of title 31 for a judgment in the case; CommentsClose CommentsPermalink





‘(ii) the amount of the award of fees and other expenses; and CommentsClose CommentsPermalink





‘(iii) the statute under which the plaintiff filed suit. CommentsClose CommentsPermalink





‘(7) The Chairman of the Administrative Conference shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this subsection: CommentsClose CommentsPermalink





‘(A) The name of each party to whom the award was made. CommentsClose CommentsPermalink





‘(B) The name of each counsel of record representing each party to whom the award was made. CommentsClose CommentsPermalink





‘(C) The agency involved in the case. CommentsClose CommentsPermalink





‘(D) The name of each counsel of record representing the agency involved in the case. CommentsClose CommentsPermalink





‘(E) The name of each judge in the case, and the court in which the case was heard. CommentsClose CommentsPermalink





‘(F) The amount of the award. CommentsClose CommentsPermalink





‘(G) The names and hourly rates of each expert witness for whose services the award was made. CommentsClose CommentsPermalink





‘(H) The basis for the finding that the position of the agency concerned was not substantially justified. CommentsClose CommentsPermalink





‘(8) The online searchable database described in paragraph (7) may not reveal any information the disclosure of which is prohibited by law or court order, or the disclosure of which is contrary to the national security of the United States. CommentsClose CommentsPermalink





‘(9) The Attorney General of the United States shall provide to the Chairman of the Administrative Conference of the United States suchin a timely manner all information as the Chairman requestsnecessary for the Chairman to carry out this paragraphe Chairman’s responsibilities under this subsection.’. CommentsClose CommentsPermalink





(c) Effective DateClerical Amendment-

(1) MODIFICATIONS TO PROCEDURES- The amendments made by--

(A) paragraphs (1), (2), and (3) of subsection (a) shall apply with respect to adversary adjudications commenced on or after the date of the enactment of this Act; and

(B) paragraphs (1) and (2) of subsection (b) shall apply with respect to civil actions commenced on or after such date of enactment.

(2) REPORTING- The amendments made by paragraphs (4) and (5) of subsection (a) and by paragraphs (3) and (4) of subsection (b) shall take effect on the date of the enactment of this ActSection 2412(e) of title 28, United States Code, is amended by striking ‘of section 2412 of title 28, United States Code,’ and inserting ‘of this section’. CommentsClose CommentsPermalink

SEC. 3. GAO STUDY.

Not later than 30 days after the date of the enactment of this Act, the Comptroller General shall commence an audit of the implementation of the Equal Access to Justice Act for the years 1995 through the end of the calendar year in which this Act is enacted. The Comptroller General shall, to the extent practical, not later than 1 year after the end of the calendar year in which this Act is enacted, complete such audit and submit to the Congress a report on the results of the audit. CommentsClose CommentsPermalink

Union Calendar No. 429CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 1996CommentsClose CommentsPermalink

[Report No. 112-594]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend titles 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, to require the Administrative Conference of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes.CommentsClose CommentsPermalink

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July 11, 2012CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink