SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Government Litigation 
Savings Act’’. 
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— 
(A) in subsection (a)(1), by inserting after 
‘‘prevailing party’’ the following: ‘‘who has a di-
rect and personal monetary interest in the adju-
dication, including because of personal injury, 
property damage, or unpaid agency disburse-
ment,’’; and 
(B) in subsection (b)(1)— 
(i) in subparagraph (A)(ii), by strik-
ing ‘‘$125 per hour’’ and all that follows 
through ‘‘a higher fee’’ and inserting 
‘‘$175 per hour’’; and 
(ii) in subparagraph (B), by striking 
‘‘; except that’’ and all that follows 
through ‘‘section 601’’. 
(2) REDUCTION OR DENIAL OF AWARDS.—Sec-
tion 504(a)(3) of title 5, United States Code, is 
amended in the first sentence— 
VerDate Mar 15 2010 
23:48 May 31, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
(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 insert-
ing ‘‘controversy or acted in an obdurate, dila-
tory, 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 section— 
‘‘(A) in excess of $200,000 in any single adver-
sary adjudication, or 
‘‘(B) for more 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 amended— 
VerDate Mar 15 2010 
23:48 May 31, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
(A) in subsection (c)(1), by striking ‘‘, 
United States Code’’; and 
(B) by striking subsection (e) and insert-
ing the following: 
‘‘(e)(1) The Chairman of the Administrative Con-
ference of the United States shall issue an annual, online 
report to the Congress on the amount of fees and other 
expenses awarded during the preceding fiscal year pursu-
ant 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 relevant 
information that may aid the Congress in evaluating the 
scope and impact of such awards. The report shall be 
made available to the public online, and contain a search-
able database of the total awards given, and the total num-
ber of applications for the award of fees and other ex-
penses that were filed, defended, and heard, and shall in-
clude, 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. 
VerDate Mar 15 2010 
23:48 May 31, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
‘‘(C) The names of the administrative law 
judges in the adversary adjudication that is the sub-
ject of the application. 
‘‘(D) The disposition of the application, includ-
ing any appeal of action taken on the application. 
‘‘(E) The amount of each award. 
‘‘(F) The hourly rates of expert witnesses stat-
ed in the application that was awarded. 
‘‘(G) With respect to each award of fees and 
other expenses, the basis for the finding that the po-
sition of the agency concerned was not substantially 
justified. 
‘‘(2)(A) The report under paragraph (1) shall cover 
payments of fees and other expenses under this section 
that are made pursuant to a settlement agreement, re-
gardless of whether the settlement agreement is otherwise 
subject to nondisclosure provisions. 
‘‘(B) The disclosure of fees and other expenses re-
quired under subparagraph (A) does not affect any other 
information that is subject to nondisclosure provisions in 
the settlement agreement.’’. 
(5) ADJUSTMENT
OF
ATTORNEY
FEES.—Sec-
tion 504 of such title is amended by adding at the 
end the following: 
VerDate Mar 15 2010 
23:48 May 31, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
‘‘(g) The Director of the Office of Management and 
Budget may adjust the maximum hourly fee set forth in 
subsection (b)(1)(A)(ii) for the fiscal year beginning Octo-
ber 1, 2012, and for each fiscal year thereafter, to reflect 
changes in the Consumer Price Index, as determined by 
the Secretary of Labor.’’. 
(b) COURT CASES.— 
(1) ELIGIBILITY
PARTIES; ATTORNEY
FEES; 
LIMITATION ON AWARDS.—Section 2412(d) of title 
28, United States Code, is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘in any civil ac-
tion’’ and all that follows through ‘‘ju-
risdiction of that action’’ and insert-
ing ‘‘in the civil action’’; and 
(II) by striking ‘‘shall award to a 
prevailing party other than the United 
States’’ and inserting the following: ‘‘, 
in any civil action (other than cases 
sounding in tort), including pro-
ceedings for judicial review of agency 
action, brought by or against the 
United States in any court having ju-
risdiction of that action, shall award 
VerDate Mar 15 2010 
23:48 May 31, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
to a prevailing party who has a direct 
and personal monetary interest in the 
civil action, including because of per-
sonal injury, property damage, or un-
paid agency disbursement, other than 
the United States,’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(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 single civil action, or 
‘‘(ii) for more than 3 civil actions initiated in 
the same calendar year, 
unless the presiding judge determines that an award ex-
ceeding such limits is required to avoid severe and unjust 
harm to the prevailing party.’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)(ii), by strik-
ing ‘‘$125 per hour’’ and all that follows 
through ‘‘a higher fee’’ and inserting 
‘‘$175 per hour’’; and 
(ii) in subparagraph (B), by striking 
‘‘; except that’’ and all that follows 
through ‘‘section 601’’. 
VerDate Mar 15 2010 
00:25 Jun 01, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
(2) REDUCTION OR DENIAL OF AWARDS.—Sec-
tion 2412(d)(1)(C) of title 28, United States Code, 
is amended— 
(A) by striking ‘‘, in its discretion, may re-
duce the amount to be awarded pursuant to 
this subsection, or deny an award,’’ and insert-
ing ‘‘shall reduce the amount to be awarded 
under this subsection, or deny an award, com-
mensurate with pro bono hours and related fees 
and expenses, or’’; 
(B) by striking ‘‘unduly and’’; and 
(C) by striking ‘‘controversy.’’ and insert-
ing ‘‘controversy or acted in an obdurate, dila-
tory, mendacious, or oppressive manner, or in 
bad faith.’’. 
(3) ADJUSTMENT
OF
ATTORNEY
FEES.—Sec-
tion 2412(d) of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(5) The Director of the Office of Management and 
Budget may 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.’’. 
VerDate Mar 15 2010 
23:48 May 31, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
(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 Con-
ference of the United States shall issue an annual, online 
report to the Congress on the amount of fees and other 
expenses awarded during the preceding fiscal year pursu-
ant to this subsection. The report shall describe the num-
ber, 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 relevant 
information that may aid the Congress in evaluating the 
scope and impact of such awards. 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 in-
clude 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. 
VerDate Mar 15 2010 
20:17 Jun 02, 2011
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
‘‘(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 stat-
ed in the application that was awarded. 
‘‘(viii) With respect to each award of fees and 
other expenses, the basis for the finding that the po-
sition of the agency concerned was not substantially 
justified. 
‘‘(B)(i) The report under subparagraph (A) shall 
cover payments of fees and other expenses under this sub-
section that are made pursuant to a settlement agreement, 
regardless of whether the settlement agreement is other-
wise subject to nondisclosure provisions. 
‘‘(ii) The disclosure of fees and other expenses re-
quired under clause (i) does not affect any other informa-
tion that is subject to nondisclosure provisions in the set-
tlement agreement. 
‘‘(C) The Chairman of the Administrative Conference 
shall include in the annual report under subparagraph (A), 
for each case in which an award of fees and other expenses 
is included in the report— 
‘‘(i) any amounts paid from section 1304 of 
title 31 for a judgment in the case; 
VerDate Mar 15 2010 
20:17 Jun 02, 2011
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
‘‘(ii) the amount of the award of fees and other 
expenses; and 
‘‘(iii) the statute under which the plaintiff filed 
suit. 
‘‘(D) The Attorney General of the United States shall 
provide to the Chairman of the Administrative Conference 
of the United States such information as the Chairman 
requests to carry out this paragraph.’’. 
(c) EFFECTIVE DATE.— 
(1) MODIFICATIONS
TO
PROCEDURES.—The 
amendments made by— 
(A) paragraphs (1), (2), and (3) of sub-
section (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 com-
menced 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 Act. 
SEC. 3. GAO STUDY. 
Not later than 30 days after the date of the enact-
ment of this Act, the Comptroller General shall commence 
VerDate Mar 15 2010 
20:17 Jun 02, 2011
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS
an audit of the implementation of the Equal Access to 
Justice Act for the years 1995 through the end of the cal-
endar year in which this Act is enacted. The Comptroller 
General shall, 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. 
Æ 
VerDate Mar 15 2010 
23:48 May 31, 2011
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H1996.IH
H1996
tjames on DSKG8SOYB1PROD with BILLS