H.R.1996 - Government Litigation Savings Act

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. view all titles (3)

All Bill Titles

  • Official: 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. as introduced.
  • Short: Government Litigation Savings Act as introduced.
  • Short: Government Litigation Savings Act as reported to house.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
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05/25/11
 
 
 
 
 
 
 

Sponsor

Representative

Cynthia Lummis

R-WY

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Official Summary

Government Litigation Savings Act - (Sec. 2) Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government. Restricts awards of fees and other

Official Summary

Government Litigation Savings Act -

(Sec. 2)

Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government. Restricts awards of fees and other expenses under EAJA to prevailing parties with a direct and personal interest in an adjudication, including because of medical costs, property damage, denial of benefits, an unpaid disbursement, and other expenses of adjudication, or because of a policy interest. Requires (currently, authorizes) the reduction or denial of an award if the party during the course of the proceedings engaged in conduct which unduly or unreasonably (currently, unduly and unreasonably) protracted the final resolution of the matter in controversy. Increases to $200 per hour the cap on attorney fees awarded under EAJA and eliminates the cost-of-living and special factor considerations for allowing an increase in the hourly rate for such fees. Eliminates the net worth exemption for determining eligibility for fees and expenses under EAJA for tax-exempt organizations and cooperative associations under the Agricultural Marketing Act. Expands the reporting requirements of the Chairman of the Administrative Conference of the United States to require the Chairman to report on fees and expenses awarded pursuant to a settlement agreement and to create and maintain online a searchable database containing detailed information with respect to each award of fees and other expenses under EAJA.

(Sec. 3)

Requires the Comptroller General (GAO) to:
(1) audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted,
(2) complete such audit not later that one year after the end of the calendar year in which this Act is enacted, and
(3) report to Congress on the results of such audit.

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