summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill 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.
AI Summary
This bill, titled the Government Litigation Savings Act, revises the Equal Access to Justice Act (EAJA) and federal court rules concerning fees and expenses awarded to parties in legal disputes against the federal government. Key changes include restricting fee awards to prevailing parties who have a direct and personal monetary stake in the outcome, such as from personal injury, property damage, or unpaid government payments. It also mandates that fee awards be reduced or denied if a party has acted in bad faith, oppressively, or in a dilatory or mendacious manner, and requires that awards be reduced commensurate with any pro bono (free) legal work performed. Furthermore, the bill imposes a cap of $200,000 for any single case or a limit of three cases per year, unless a higher award is deemed necessary to prevent severe and unjust harm. The bill also expands reporting requirements for the Chairman of the Administrative Conference of the United States, who will now publish an annual online report detailing fee awards, including a searchable database of awards and applications, and mandates that the Comptroller General audit the implementation of the EAJA from 1995 through the enactment year of this bill.
Committee Categories
Justice
Sponsors (14)
John Barrasso (R),
John Boozman (R),
Tom Coburn (R),
Mike Crapo (R),
Michael Enzi (R),
Orrin Hatch (R),
Dean Heller (R),
Kay Hutchison (R),
James Inhofe (R),
Mike Lee (R),
John McCain (R),
Lisa Murkowski (R),
Jim Risch (R),
John Thune (R),
Last Action
Read twice and referred to the Committee on the Judiciary. (on 05/25/2011)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/112th-congress/senate-bill/1061/all-info |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-112s1061is/pdf/BILLS-112s1061is.pdf |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112s1061is/pdf/BILLS-112s1061is.pdf.pdf |
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