summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill 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.
AI Summary
This bill, titled the Government Litigation Savings Act, aims to modify the Equal Access to Justice Act (EAJA) and related federal laws concerning fees and expenses awarded in legal cases against the U.S. government. Key changes include restricting fee awards to parties with a direct and personal stake in the outcome, such as those experiencing medical costs, property damage, or denial of benefits, or those with a policy interest. The bill mandates that fee awards can be reduced or denied if a party unreasonably delays proceedings, increases the maximum hourly attorney fee cap to $200, and removes the net worth exemption for certain tax-exempt organizations and agricultural cooperatives seeking these fees. Furthermore, it expands reporting requirements for the Chairman of the Administrative Conference of the United States to include fees awarded through settlements and to create a public, searchable online database of all fee awards. Finally, the bill requires the Comptroller General (GAO) to audit the implementation of the EAJA from 1995 through the enactment year and report the findings to Congress.
Committee Categories
Justice
Sponsors (66)
Cynthia Lummis (R)*,
Sandy Adams (R),
Dan Benishek (R),
Rick Berg (R),
Kevin Brady (R),
Ken Calvert (R),
Francisco Canseco (R),
Shelley Moore Capito (R),
Dennis Cardoza (D),
Jason Chaffetz (R),
Howard Coble (R),
Mike Coffman (R),
K. Michael Conaway (R),
Jim Costa (D),
Chip Cravaack (R),
Rick Crawford (R),
Jeff Denham (R),
Sean Duffy (R),
Jeff Duncan (R),
John Duncan (R),
Jeff Flake (R),
John Fleming (R),
Bill Flores (R),
Virginia Foxx (R),
Trent Franks (R),
Cory Gardner (R),
Bob Gibbs (R),
Louie Gohmert (R),
Paul Gosar (R),
Tom Graves (R),
Vicky Hartzler (R),
Doc Hastings (R),
Wally Herger (R),
Randy Hultgren (R),
Sam Johnson (R),
Walter Jones (R),
Raúl Labrador (R),
Doug Lamborn (R),
Bob Latta (R),
Blaine Luetkemeyer (R),
Kenny Marchant (R),
Tom McClintock (R),
Howard McKeon (R),
Jeff Miller (R),
Sue Myrick (R),
Randy Neugebauer (R),
Kristi Noem (R),
Devin Nunes (R),
Alan Nunnelee (R),
Ron Paul (R),
Stevan Pearce (R),
Collin Peterson (D),
Benjamin Quayle (R),
Denny Rehberg (R),
Reid Ribble (R),
Dana Rohrabacher (R),
Dennis Ross (R),
Mike Simpson (R),
Adrian Smith (R),
Marlin Stutzman (R),
G.T. Thompson (R),
Mac Thornberry (R),
Scott Tipton (R),
Greg Walden (R),
Lynn Westmoreland (R),
Don Young (R),
Last Action
Placed on the Union Calendar, Calendar No. 429. (on 07/11/2012)
Official Document
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