S. 1061 (112th): Government Litigation Savings Act

Introduced:
May 25, 2011 (112th Congress, 2011–2013)
Sponsor:
Sen. John Barrasso [R-WY]
Status:
Died (Referred to Committee)
See Instead:

H.R. 1996 (same title)
Reported by Committee — Nov 17, 2011

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


5/25/2011--Introduced.
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.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

  • Title 5: GOVERNMENT ORGANIZATION AND EMPLOYEES
  • Part I: THE AGENCIES GENERALLY
  • Chapter 5: ADMINISTRATIVE PROCEDURE
  • Subchapter I: GENERAL PROVISIONS
  • Section 504: Costs and fees of parties
  • Title 28: JUDICIARY AND JUDICIAL PROCEDURE
  • Part VI: PARTICULAR PROCEEDINGS
  • Chapter 161: UNITED STATES AS PARTY GENERALLY
  • Section 2412: Costs and fees