Halting Government Overreach Act of 2015

Bill: 114-hr-3754
Sponsor: full_name: Rep. Scott, Austin [R-GA-8]
Introduced: 2015-10-09
Policy area: Law
Subjects: Administrative remedies

Civil actions and liability

Government liability

Legal fees and court costs
Latest action: action_date: 2015-11-04
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

Summaries:
action_date: 2015-10-09
action_desc: Introduced in House
text: <p><b>Halting Government Overreach Act of 2015</b></p> <p>This bill removes exceptions that prohibit a prevailing party other than the United States from being awarded fees and expenses incurred in a civil action (other than a tort action) brought by or against the United States, or in an agency adjudicatory proceeding, if the position of the United States was substantially justified or special circumstances make an award unjust. </p> <p>The fees and expenses may be awarded if the prevailing party has a direct and personal interest in the action because of an injury that gave rise to the action.</p> <p>The bill also removes requirements that make parties ineligible for such an award if their net worth exceeds a specified amount at the time the action was filed or the adjudication was initiated. Under the bill, parties may seek an award of fees and expenses regardless of their net worth.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 3754 IN THE HOUSE OF REPRESENTATIVES October 9, 2015 Mr. Austin Scott of Georgia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend titles 5 and 28, United States Code, to facilitate recovering the costs of litigation and agency adjudications for prevailing parties in an action against the United States, and for other purposes.

1. Short title This Act may be cited as the Halting Government Overreach Act of 2015 . 2. Changing limitations on recovery of fees and expenses by the prevailing party in an action against the United States (a) Civil actions (1) Removing the substantial justification exception (A) In general Section 2412(d) of title 28, United States Code, is amended— (i) in paragraph (1)(A), by striking , unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust ; (ii) in paragraph (1)(B), by striking The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought. ; and (iii) in paragraph (3), by striking , unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award unjust . (B) Conforming amendment Section 2412(d)(2) of title 28, United States Code, is amended by striking subparagraph (D). (2) Requiring direct and personal interest Section 2412(d)(1)(A) of title 28, United States Code, is amended by adding at the end the following: Such award may only be made if the prevailing party has a direct and personal interest in the action because of an injury that gave rise to the action. . (3) Excluding net worth from the definition of party Section 2412(d)(2)(B) of title 28, United States Code, is amended— (A) by striking whose net worth did not exceed $2,000,000 at the time the civil action was filed ; (B) by striking , the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and ; and (C) by striking ; except and all that follows through defined in section 601 of title 5 . (b) Agency adjudications (1) Removing the substantial justification exception (A) In general Section 504 of title 5, United States Code, is amended— (i) in subsection (a)(1), by striking , unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought ; and (ii) in subsection (a)(2), by striking The party shall also allege that the position of the agency was not substantially justified. . (B) Conforming amendment Section 504(b)(1) of title 5, United States Code, is amended— (i) in subparagraph (D), by adding and at the end; and (ii) by striking subparagraph (E). (2) Requiring direct and personal interest Section 504(a)(1) of title 5, United States Code, is amended by adding at the end the following: Such award may only be made if the prevailing party has a direct and personal interest in the proceeding because of an injury that gave rise to the proceeding. . (3) Excluding net worth from the definition of party Section 504(b)(1)(B) of title 5, United States Code, is amended— (A) by striking whose net worth did not exceed $2,000,000 at the time the adversary adjudication was initiated ; (B) by striking , the net worth of which did not exceed $7,000,000 at the time the adversary adjudication was initiated, and ; and (C) by striking ; except and all that follows through defined in section 601 . (c) Effective date The amendments made by this section shall apply with respect to actions initiated after the date of the enactment of this Act.