Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law exceptions to the "American rule" which requires parties to be responsible for their own attorney fees).
Entitles: (1) a defendant who is the prevailing party in any civil action in which the United States is a plaintiff; (2) the prevailing party (other than the United States) in any tax action; and (3) the prevailing party in any action for judicial review of an agency adjudication, to a judgment for reasonable attorney fees and costs. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments.
Directs the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions.
Introduced in Senate
Referred to Senate Committee on the Judiciary.
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