[Congressional Record Volume 148, Number 134 (Friday, October 11, 2002)]
[Extensions of Remarks]
[Page E1816]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        INTRODUCTION OF THE PRIVATE PARTY JUDICIAL FAIRNESS ACT

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                          HON. LAMAR S. SMITH

                                of texas

                    in the house of representatives

                       Thursday, October 10, 2002

  Mr. SMITH of Texas. Mr. Speaker, I have introduced legislation to 
help private parties seek justice against the Federal Government. The 
Private Party Judicial Fairness Act allows for pre-judgment interest to 
accrue in cases where it is now prohibited. Interest will be paid from 
the date the action is filed in the United States Court of Federal 
Claims.
  Upon receipt of a judgment against the United States, this 
legislation will allow private parties to receive the proper proceeds. 
It also will create an incentive for the government to process these 
suits at a reasonable pace.
  Under current law, a narrow group of suits against the United States 
are ineligible for pre-judgment interest.
  The lack of pre-judgment interest available in these cases encourages 
government lawyers to delay the ultimate resolution of the cases. Some 
of these cases have been pending before the Court for ten or more 
years. And even if the private parties win their cases and are awarded 
judgments, it is usually far less than what they deserve.
  It is time to aid this small class of claimants and create an 
incentive for the prompt administration of justice.

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