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S.1061 - Government Litigation Savings Act

A bill to amend title 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 (2)

All Bill Titles

  • Official: A bill to amend title 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.

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Introduced
 
Senate
Passes
 
House
Passes
 
President
Signs
 

 
05/25/11
 
 
 
 
 
 
 

Sponsor

B001261

Senator

John Barrasso

R-WY

View Co-Sponsors (13)

Official Summary

Government Litigation Savings Act - 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 to: (1) restrict awards of fees and other ex

Official Summary

Government Litigation Savings Act - 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 to:
(1) restrict awards of fees and other expenses under such Act to prevailing parties with a direct and personal monetary interest in an adjudication, including because of personal injury, property damage, or an unpaid agency disbursement;
(2) require the reduction or denial of awards commensurate with pro bono hours and related fees and expenses to parties who have acted in an obdurate, dilatory, mendacious, or oppressive manner or in bad faith;
(3) limit awards to not more than $200,000 in any single adversary adjudication or for more than three adversary adjudications in the same calendar year (unless the adjudicating officer or judge determines that a higher award is required to avoid severe and unjust harm to the prevailing party); and
(4) expand the reporting requirements of the Chairman of the Administrative Conference of the United States with respect to fees and other expenses awarded to prevailing parties during the preceding fiscal year. Requires the Comptroller General to audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted.

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