[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3754 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3754

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.


_______________________________________________________________________


                    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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Halting Government Overreach Act of 
2015''.

SEC. 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.
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