Government Litigation Savings Act

Bill: 112-hr-1996
Sponsor: Rep. Lummis, Cynthia M. [R-WY-At Large]
Introduced: 2011-05-25 in the House
Policy area: Government Operations and Politics
Subjects: Congressional oversight
Government information and archives
Government liability
Lawyers and legal services

Summary:
action_date: 2011-05-25
text: 
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.

action_date: 2012-07-11
text: 
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.


Legislative actions:
action_date: 2012-07-11
text: Placed on the Union Calendar, Calendar No. 429.
action_date: 2012-07-11
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-594.
action_date: 2012-07-11
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-594.
action_date: 2011-11-17
text: Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 14.
action_date: 2011-11-17
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-11-15
text: Subcommittee on Courts, Commercial and Administrative Law Discharged.
action_date: 2011-10-11
text: Subcommittee Hearings Held.
action_date: 2011-07-11
text: Referred to the Subcommittee on Courts, Commercial and Administrative Law.
action_date: 2011-05-25
text: Referred to the House Committee on the Judiciary.
action_date: 2011-05-25
text: Introduced in House
action_date: 2011-05-25
text: Introduced in House