IB 
Union Calendar No. 429 
112TH CONGRESS 
2D SESSION 
H. R. 1996 
[Report No. 112–594] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2011 
Mrs. LUMMIS (for herself, Mr. BISHOP of Utah, Mr. THOMPSON of Pennsyl-
vania, Mr. SIMPSON, Mr. CHAFFETZ, Mr. YOUNG of Alaska, Mr. TIPTON, 
Mr. DENHAM, Mr. CONAWAY, Mr. REHBERG, Mr. COFFMAN of Colorado, 
Mr. FRANKS of Arizona, Mr. NUNES, Mrs. NOEM, Mr. LAMBORN, Mr. 
DUNCAN of Tennessee, Mr. PEARCE, Mr. HERGER, and Mr. FLAKE) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary 
JULY 11, 2012 
Additional sponsors: Mr. WALDEN, Mr. RIBBLE, Mr. STUTZMAN, Mr. MARCH-
ANT, Mr. PETERSON, Mr. COSTA, Mr. CARDOZA, Mr. ROSS of Florida, 
Mr. SAM JOHNSON of Texas, Mr. SMITH of Nebraska, Mr. LABRADOR, 
Mrs. HARTZLER, Ms. FOXX, Mr. ROHRABACHER, Mr. GOSAR, Mr. 
LATTA, Mr. LUETKEMEYER, Mr. MCKEON, Mr. PAUL, Mr. JONES, Mr. 
BENISHEK, Mrs. ADAMS, Mr. DUFFY, Mr. THORNBERRY, Mr. CALVERT, 
Mr. GIBBS, Mr. MILLER of Florida, Mr. HASTINGS of Washington, Mr. 
COBLE, Mr. QUAYLE, Mr. HULTGREN, Mr. BRADY of Texas, Mr. FLO-
RES, Mr. GOHMERT, Mr. FLEMING, Mr. CANSECO, Mr. GRAVES of Geor-
gia, Mr. NEUGEBAUER, Mr. NUNNELEE, Mr. CRAWFORD, Mr. MCCLIN-
TOCK, Mr. CRAVAACK, Mrs. MYRICK, Mr. DUNCAN of South Carolina, 
Mrs. CAPITO, Mr. BERG, Mr. GARDNER, and Mr. WESTMORELAND 
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JULY 11, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 25, 2011] 
A BILL 
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 com-
pile, and make publically available, certain data relating 
to the Equal Access to Justice Act, and for other pur-
poses. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Government Litigation 
Savings Act’’. 
SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PRO-
VISIONS. 
(a) AGENCY PROCEEDINGS.—Section 504 of title 5, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)—— 
(i) by inserting after the first sentence 
the following: ‘‘Fees and other expenses may 
be awarded under this subsection only to a 
prevailing party who has a direct and per-
sonal interest in the adversary adjudication 
because of medical costs, property damage, 
denial of benefits, unpaid disbursement, fees 
and other expenses incurred in defense of 
the adjudication, interest in a policy con-
cerning such medical costs, property dam-
age, denial of benefits, unpaid disbursement, 
or fees and other expenses, or otherwise.’’; 
and 
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(ii) by adding at the end the following: 
‘‘The agency conducting the adversary adju-
dication shall make any party against 
whom the adjudication is brought, at the 
time the adjudication is commenced, aware 
of the provisions of this section.’’; and 
(B) in paragraph (3), in the first sen-
tence— 
(i) by striking ‘‘may reduce’’ and in-
serting ‘‘shall reduce’’; and 
(ii) by striking ‘‘unduly and unreason-
ably’’ and inserting ‘‘unduly or unreason-
ably’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A)(ii), by striking 
‘‘$125 per hour’’ and all that follows through the 
end and inserting ‘‘$200 per hour.);’’; and 
(B) in subparagraph (B)(ii), by striking ‘‘; 
except that’’ and all that follows through ‘‘section 
601;’’ and inserting ‘‘except that— 
‘‘(I) the net worth of a party (other than an 
individual or a unit of local government) shall 
include the net worth of any parent entity or 
subsidiary of that party; and 
‘‘(II) for purposes of subclause (I)— 
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‘‘(aa) a ‘parent entity’ of a party is an 
entity that owns or controls the equity or 
other evidences of ownership in that party; 
and 
‘‘(bb) a ‘subsidiary’ of a party is an 
entity the equity or other evidences of own-
ership in which are owned or controlled by 
that party;’’; 
(3) in subsection (c)(1), by striking ‘‘, United 
States Code’’; and 
(4) by striking subsections (e) and (f) and insert-
ing the following: 
‘‘(e)(1) The Chairman of the Administrative Con-
ference of the United States, after consultation with the 
Chief Counsel for Advocacy of the Small Business Adminis-
tration, shall report annually to the Congress on the 
amount of fees and other expenses awarded during the pre-
ceding fiscal year pursuant to this section. The report shall 
describe the number, nature, and amount of the awards, 
the claims involved in the controversy, and any other rel-
evant information that may aid the Congress in evaluating 
the scope and impact of such awards. Each agency shall 
provide the Chairman in a timely manner all information 
necessary for the Chairman to comply with the require-
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ments of this subsection. The report shall be made available 
to the public online. 
‘‘(2)(A) The report required by paragraph (1) shall ac-
count for all payments of fees and other expenses awarded 
under this section that are made pursuant to a settlement 
agreement, regardless of whether the settlement agreement 
is sealed or otherwise subject to nondisclosure provisions, 
except that any version of the report made available to the 
public may not reveal any information the disclosure of 
which is contrary to the national security of the United 
States. 
‘‘(B) The disclosure of fees and other expenses required 
under subparagraph (A) does not affect any other informa-
tion that is subject to nondisclosure provisions in the settle-
ment agreement. 
‘‘(f) The Chairman of the Administrative Conference 
shall create and maintain online a searchable database con-
taining the following information with respect to each 
award of fees and other expenses under this section: 
‘‘(1) The name of each party to whom the award 
was made. 
‘‘(2) The name of each counsel of record rep-
resenting each party to whom the award was made. 
‘‘(3) The agency to which the application for the 
award was made. 
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