[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 144 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                 S. 144

_______________________________________________________________________

                                 AN ACT


 
  To amend section 526 of title 28, United States Code, to authorize 
                       awards of attorney's fees.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AWARDS OF ATTORNEY'S FEES.

    (a) Short Title.--This Act may be cited as the ``Attorney's Fees 
Equity Act of 1995''.
    (b) Awards of Attorney's Fees.--Section 526 of title 28, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(c)(1)(A) A current or former Department of Justice attorney; 
agent; or employee who supervises an agent who is the subject of a 
criminal or disciplinary investigation, instituted on or after the date 
of enactment of this subsection, arising out of acts performed in the 
discharge of his or her duties in prosecuting or investigating a 
criminal matter, who is not provided representation under Department of 
Justice regulations, shall be entitled to reimbursement of reasonable 
attorney's fees incurred during and as a result of the investigation if 
the investigation does not result in adverse action against the 
attorney, agent, or employee.
    ``(B) A current or former attorney; agent; or employee who 
supervises an agent employed as or by a Federal public defender who is 
the subject of a criminal or disciplinary investigation instituted on 
or after the date of enactment of this subsection, arising out of acts 
performed in the discharge of his or her duties in defending or 
investigating a criminal matter in connection with the public defender 
program, who is not provided representation by a Federal public 
defender or the Administrative Office of the United States Courts is 
entitled to reimbursement of reasonable attorney's fees incurred during 
and as a result of the investigation if the investigation does not 
result in adverse action against the attorney, agent, or employee.
    ``(2) For purposes of paragraph (1), an investigation shall be 
considered not to result in adverse action against an attorney, agent, 
or employee if--
            ``(A) in the case of a criminal investigation, the 
        investigation does not result in indictment of, the filing of a 
        criminal complaint against, or the entry of a plea of guilty by 
        the attorney, agent, or supervising employee; and
            ``(B) in the case of a disciplinary investigation, the 
        investigation does not result in discipline or results in only 
        discipline less serious than a formal letter of reprimand 
        finding actual and specific wrongdoing.
    ``(3) The Attorney General shall provide notice in writing of the 
conclusion and result of an investigation described in paragraph (1).
    ``(4) An attorney, agent, or supervising employee who was the 
subject of an investigation described in paragraph (1) may waive his or 
her entitlement to reimbursement of attorney's fees under paragraph (1) 
as part of a resolution of a criminal or disciplinary investigation.
    ``(5) An application for attorney fee reimbursement under this 
subsection shall be made not later than 180 days after the attorney, 
agent, or employee is notified in writing of the conclusion and result 
of the investigation.
    ``(6) Upon receipt of a proper application under this subsection 
for reimbursement of attorney's fees, the Attorney General and the 
Director of the Administrative Office of the United States Courts shall 
award reimbursement for the amount of attorney's fees that are found to 
have been reasonably incurred by the applicant as a result of an 
investigation.
    ``(7) The official making an award under this subsection shall make 
inquiry into the reasonableness of the amount requested, and shall 
consider--
            ``(A) the sufficiency of the documentation accompanying the 
        request;
            ``(B) the need or justification for the underlying item;
            ``(C) the reasonableness of the sum requested in light of 
        the nature of the investigation; and
            ``(D) current rates for equal services in the community in 
        which the investigation took place.
    ``(8)(A) Reimbursements of attorney's fees ordered under this 
subsection by the Attorney General shall be paid from the appropriation 
made by section 1304 of title 31, United States Code.
    ``(B) Reimbursements of attorney's fees ordered under this Act by 
the Director of the Administrative Office of the United States Courts 
shall be paid from appropriations authorized by section 3006A(i) of 
title 18, United States Code.
    ``(9) The Attorney General and the Director of the Administrative 
Office of the United States Courts may delegate their powers and duties 
under this subsection to an appropriate subordinate.''.

            Passed the Senate September 28 (legislative day, September 
      25), 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                 S. 144

_______________________________________________________________________

                                 AN ACT

  To amend section 526 of title 28, United States Code, to authorize 
                       awards of attorney's fees.