§ 2412. Costs and fees

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 2412

   June 25, 1948, ch. 646, 62 Stat. 973

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 973

2. 1966

   Pub. L. 89–507 § 1 · 80 Stat. 308

   Changed · 28 U.S.C. § 2412

   Pub. L. 89–507 empowered a court having jurisdiction to award judgment for costs, except as otherwise specifically provided by statute, to the prevailing party in any action brought by or against the United States or any agency or official of the United States acting in his official capacity, limited the judgment for costs when taxed against the Government to reimbursing in whole or in part the prevailing party for costs incurred by him in the litigation, required the payment of a judgment for costs to be as provided in section 2414 and section 2517 of this title for the payment of judgments against the United States and eliminated provisions which limited the liability of the United States for fees and costs to those cases in which liability was expressed provided for by Act of Congress, permitted the district court or the Court of Claims, in an action under section 1346(a) or 1491 of this title if the United States put in issue plaintiff’s right to recover, to allow costs to the prevailing party from the time of joining such issue, and which authorized the allowance of costs to the successful claimant in an action under section 1346(b) of this title

   Source evidence

   Code amendment note
   Pub. L. 89–507 empowered a court having jurisdiction to award judgment for costs, except as otherwise specifically provided by statute, to the prevailing party in any action brought by or against the United States or any agency or official of the United States acting in his official capacity, limited the judgment for costs when taxed against the Government to reimbursing in whole or in part the prevailing party for costs incurred by him in the litigation, required the payment of a judgment for costs to be as provided in section 2414 and section 2517 of this title for the payment of judgments against the United States and eliminated provisions which limited the liability of the United States for fees and costs to those cases in which liability was expressed provided for by Act of Congress, permitted the district court or the Court of Claims, in an action under section 1346(a) or 1491 of this title if the United States put in issue plaintiff’s right to recover, to allow costs to the prevailing party from the time of joining such issue, and which authorized the allowance of costs to the successful claimant in an action under section 1346(b) of this title.

3. 1980

   Equal Access to Justice Act

   Pub. L. 96–481 § 204(a) · 94 Stat. 2321

   1. Amended · 28 U.S.C. § 2412

      Pub. L. 96–481, § 204(a), designated existing provisions as subsec. (a)

   2. Struck · 28 U.S.C. § 2412

      Pub. L. 96–481, § 204(a), struck out provision that payment of a judgment for costs shall be as provided in section 2414 and section 2517 of this title for the payment of judgments against the United States

   3. Added · 28 U.S.C. § 2412

      Pub. L. 96–481, § 204(a), added subsecs. (b) to (d). Pub. L. 96–481, § 204(c)

   4. Repealed · 28 U.S.C. § 2412

      Pub. L. 96–481, § 204(a), repealed subsec. (d) eff. Oct. 1, 1984. See Effective Date of 1980 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 96–481, § 204(a), designated existing provisions as subsec. (a), struck out provision that payment of a judgment for costs shall be as provided in section 2414 and section 2517 of this title for the payment of judgments against the United States, and added subsecs. (b) to (d). Pub. L. 96–481, § 204(c), repealed subsec. (d) eff. Oct. 1, 1984. See Effective Date of 1980 Amendment note below.

   Enacted provision · exact public law section
   (a) Section 2412 of title 28, United States Code, is amended to read as follows: § 2412. Costs and fees “(a) Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in section 1920 of this title, but not 28 USC 1920. including the fees and expenses of attorneys, may be awarded to the Prevailing party in any civil action brought by or against the United State or any agency and any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation. “(b) Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the prevailing party in any civil action brought by or against the United States or any agency and any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides for such an award. “(c) (1) Any judgment against the United States or any agency and any official of the United States acting in his or her official capacity for costs pursuant to subsection (a) shall be paid as provided in 28 USC 2414, 2517. sections 2414 and 2517 of this title and shall be in addition to any relief provided in the judgment. “(2) Any judgment against the United States or any agency and any official of the United States acting in his or her official capacity for fees and expenses of attorneys pursuant to subsection (b) shall be paid as provided in sections 2414 and 2517 of this title, except that if the basis for the award is a finding that the United States acted in bad faith, then the award shall be paid by any agency found to have acted in bad faith and shall be in addition to any relief provided in the judgment. “(d) (1) (A) Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort) brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. “(B) A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party and is eligible to receive an award under this subsection, and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the United States was not substantially justified. “(C) The court, in its discretion, may reduce the amount to be awarded pursuant to this subsection, or deny an award, to the extent that the prevailing party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. “(2) For the purposes of this subsection— “(A) ‘fees and other expenses’ includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court to be necessary for the preparation of the party’s case, and reasonable attorney fees (The amount of fees awarded under this subsection shall be based upon prevailing market rates for the kind and quality of the services furnished, except that (i) no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the United States; and (ii) attorney fees shall not be awarded in excess of $75 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.); “(B) ‘party’ means (i) an individual whose net worth did not exceed $1,000,000 at the time the civil action was filed, (ii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed $5,000,000 at the time the civil action was filed, except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of the Code and a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association, or (iii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization, having not more than 500 employees at the time the civil action was filed; and “(C) ‘United States’ includes any agency and any official of the United States acting in his or her official capacity. “(3) In awarding fees and other expenses under this subsection to a prevailing party in any action for judicial review of an adversary adjudication, as defined in subsection (b)(1)(C) of section 504 of title 5, United States Code, or an adversary adjudication subject to the Ante, p. 2325. 41 USC 601 note. Contract Disputes Act of 1978, the court shall include in that award fees and other expenses to the same extent authorized in subsection (a) of such section, 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. “(4) (A) Fees and other expenses awarded under this subsection may be paid by any agency over which the party prevails from any funds made available to the agency, by appropriation or otherwise, for such purpose. If not paid by any agency, the fees and other expenses shall be paid in the same manner as the payment of final judgments is made in accordance with sections 2414 and 2517 of this title. 28 USC 2414, 2517. Appropriation authorization. “(B) There is authorized to be appropriated to each agency for each of the fiscal years 1982, 1983, and 1984, such sums as may be necessary to pay fees and other expenses awarded pursuant to this subsection in such fiscal years. “(5) The Director of the Administrative Office of the United States Report to Congress. 28 USC 604. Courts shall include in the annual report prepared pursuant to section 604 of this title, the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information which may aid the Congress in evaluating the scope and impact of such awards.”.

4. 1982

   Pub. L. 97–248 title II § 292(c) · 96 Stat. 324

   Added · 28 U.S.C. § 2412(e)

   Pub. L. 97–248 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–248 added subsec. (e).

   Enacted provision · exact public law section
   (c) Application With Title 28.— Section 2412 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: “(e) The provisions of this section shall not apply to any costs, fees, and other expenses in connection with any proceeding to which section 7430 of the Internal Revenue Code of 1954 applies (determined without regard to subsections (b) and (f) of such section). Nothing in the preceding sentence shall prevent the awarding under subsection (a) of section 2412 of title 28, United States Code, of costs enumerated in section 1920 of such title (as in effect on October 1, 1981).”.

5. 1985

   Pub. L. 99–80 § 2(a)(1) · 99 Stat. 183

   Substituted · 28 U.S.C. § 2412(a); 28 U.S.C. § 2412(b)

   Pub. L. 99–80, § 2(a)(1), substituted “or any agency or any official of the United States” for “or any agency and any official of the United States”

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 99–80, § 2(a)(1), substituted “or any agency or any official of the United States” for “or any agency and any official of the United States”.

   Enacted provision · exact public law section
   (1) in subsections (a) and (b) by striking out “or any agency and any official of the United States” each place it appears and inserting in lieu thereof “or any agency or any official of the United States”; and

6. 1985

   Pub. L. 99–80 § 6 · 99 Stat. 183

   Repealed · 28 U.S.C. § 2412(d)

   Pub. L. 99–80, § 6, repealed amendment made by Pub. L. 96–481, § 204(c), and provided that subsec. (d) was effective on or after Aug. 5, 1985, as if it had not been repealed by section 204(c). See 1980 Amendment note and Revival of Previously Repealed Provisions note below

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–80, § 6, repealed amendment made by Pub. L. 96–481, § 204(c), and provided that subsec. (d) was effective on or after Aug. 5, 1985, as if it had not been repealed by section 204(c). See 1980 Amendment note and Revival of Previously Repealed Provisions note below.

   Enacted provision · exact public law section
   SEC. 6. TREATMENT OF EXPIRED PROVISIONS OF LAW. (a) Revival of Certain Expired Provisions.— Section 504 of title 5, United States Code, and the item relating to that section in the table of sections of chapter 5 of title 5, United States Code, and subsection (d) of section 2412 of title 28, United States Code, shall be effective on or after the date of the enactment of this Act as if they had not been repealed by sections 203(c) and 204(c) of the Equal Infra. Access to Justice Act. (b) Repeals — (1) Section 203(c) of the Equal Access to Justice Act is hereby repealed. (2) Section 204(c) of the Equal Access to Justice Act is hereby repealed.

7. 1985

   Pub. L. 99–80 § 2(a)(2) · 99 Stat. 183

   Inserted · 28 U.S.C. § 2412(d)(1)(A)

   Pub. L. 99–80, § 2(a)(2), inserted “, including proceedings for judicial review of agency actions,” after “in tort)”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(A). Pub. L. 99–80, § 2(a)(2), inserted “, including proceedings for judicial review of agency actions,” after “in tort)”.

   Enacted provision · exact public law section
   (2) in subsection (d)(1)(A) by inserting “, including proceedings for judicial review of agency action,” after “in tort)”.

8. 1985

   Pub. L. 99–80 § 2(b) · 99 Stat. 183

   Inserted · 28 U.S.C. § 2412(d)(1)(B)

   Pub. L. 99–80, § 2(b), inserted provisions directing that whether or not the position of the United States was substantially justified must 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 was based) which is made in the civil action for which fees and other expenses are sought

   Source evidence

   Code amendment note
   Subsec. (d)(1)(B). Pub. L. 99–80, § 2(b), inserted provisions directing that whether or not the position of the United States was substantially justified must 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 was based) which is made in the civil action for which fees and other expenses are sought.

   Enacted provision · exact public law section
   (b) Determination of “Substantially Justified.”.— Section 2412(d)(1)(B) of title 28, United States Code, is amended by adding at the end thereof the following: “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.”.

9. 1985

   Pub. L. 99–80 § 2(c)(1) · 99 Stat. 183

   1. Substituted · 28 U.S.C. § 2412(d)(2)(B)

      Pub. L. 99–80, § 2(c)(1), substituted “$2,000,000” for “$1,000,000” in cl. (i)

   2. Substituted · 28 U.S.C. § 2412(d)(2)(B)

      Pub. L. 99–80, § 2(c)(1), substituted “or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and which had not more than 500 employees at the time the civil action was filed; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association;” for “(ii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed $5,000,000 at the time the civil action was filed, except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of the Code and a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association, or (iii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization, having not more than 500 employees at the time the civil action was filed; and”

   Source evidence

   Code amendment note
   Subsec. (d)(2)(B). Pub. L. 99–80, § 2(c)(1), substituted “$2,000,000” for “$1,000,000” in cl. (i), and substituted “or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and which had not more than 500 employees at the time the civil action was filed; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association;” for “(ii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed $5,000,000 at the time the civil action was filed, except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of the Code and a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association, or (iii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization, having not more than 500 employees at the time the civil action was filed; and”.

   Enacted provision · exact public law section
   (1) Subparagraph (B) of section 2412(d)(2) of title 28, United States Code, is amended— (A) in clause (i) by striking out “$1,000,000” and inserting in lieu thereof “$2,000,000”; and (B) by striking out “(ii)” and all that follows through the end of the subparagraph and inserting in lieu thereof the following: “or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was Hied, and which had not more than 500 employees at the time the civil action was Hied; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party regardless of the net worth of such organization or cooperative association;”.

10. 1985

    Pub. L. 99–80 § 2(c)(2) · 99 Stat. 183

    Added · 28 U.S.C. § 2412(d)(2)(D)(H)

    Pub. L. 99–80, § 2(c)(2), added subpars. (D) to (H)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(D) to (H). Pub. L. 99–80, § 2(c)(2), added subpars. (D) to (H).

    Enacted provision · exact public law section
    (2) Additional definitions.— Subsection (d)(2) of such section is amended— (A) by striking out the period at the end of subparagraph (O and inserting in lieu thereof a semicolon; and (B) by adding at the end thereof the following: “(D) ‘position of the United States’ means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the civil action is based; except that fees and expenses may not be awarded to a party for any portion of the litigation in which the party has unreasonably protracted the proceedings; “(E) ‘civil action brought by or against the United States’ includes an appeal by a party, other than the United States, from a decision of a contracting officer rendered pursuant to a disputes clause in a contract with the Government or pursuant to the Contract Disputes Act of 1978; 41 USC 601 note. “(F) ‘court’ includes the United States Claims Court; “(G) ‘final judgment’ means a judgment that is final and not appealable, and includes an order of settlement; and “(H) ‘prevailing party’, in the case of eminent domain proceedings, means a party who obtains a final judgment (other than by settlement), exclusive of interest, the amount of which is at least as close to the highest valuation of the property involved that is attested to at trial on behalf of the property owner as it is to the highest valuation of the property involved that is attested to at trial on behalf of the Government.”,

11. 1985

    Pub. L. 99–80 § 2(d) · 99 Stat. 183

    Amended · 28 U.S.C. § 2412(d)(4)

    Pub. L. 99–80, § 2(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows:

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 99–80, § 2(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows:

    “(A) Fees and other expenses awarded under this subsection may be paid by any agency over which the party prevails from any funds made available to the agency, by appropriation or otherwise, for such purpose. If not paid by any agency, the fees and other expenses shall be paid in the same manner as the payment of final judgments is made in accordance with sections 2414 and 2517 of this title. “(B) There is authorized to be appropriated to each agency for each of the fiscal years 1982, 1983, and 1984, such sums as may be necessary to pay fees and other expenses awarded pursuant to this subsection in such fiscal years.”

    Enacted provision · exact public law section
    (d) Payment of Awards.— Paragraph (4) of section 2412(d) of title 28, United States Code, is amended to read as follows: “(4) Fees and other expenses awarded under this subsection to a party shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise.”.

12. 1985

    Pub. L. 99–80 § 2(e) · 99 Stat. 183

    Added · 28 U.S.C. § 2412(f)

    Pub. L. 99–80, § 2(e), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 99–80, § 2(e), added subsec. (f).

    Enacted provision · exact public law section
    (e) Interest.— Section 2412 of title 28, United States Code, is amended by adding at the end thereof the following: “(f) If the United States appeals an award of costs or fees and other expenses made against the United States under this section and the award is affirmed in whole or in part, interest shall be paid on the amount of the award as affirmed. Such interest shall be 28 USC 1961. computed at the rate determined under section 1961(a) of this title, and shall run from the date of the award through the day before the date of the mandate of affirmance.”.

13. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 28 U.S.C. § 2412(d)(2)(B); 28 U.S.C. § 2412(d)(2)(e)

    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”

    Source evidence

    Code amendment note
    Subsecs. (d)(2)(B), (e). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

    Enacted provision · exact public law section
    SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

14. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 301(a) · 106 Stat. 4506

    1. Amended · 28 U.S.C. § 2412(a)

       Pub. L. 102–572, § 301(a), designated existing provisions as par. (1)

    2. Added · 28 U.S.C. § 2412(a)

       Pub. L. 102–572, § 301(a), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–572, § 301(a), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (a) Actions Commenced by the United States.— Section 2412(a) of title 28, United States Code, is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end the following new paragraph: “(2) A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under section 1914(a) of this title. The preceding sentence shall not be construed as requiring the United States to pay any filing fee.”.

15. 1992

    Court of Federal Claims Technical and Procedural Improvements Act of 1992

    Pub. L. 102–572 § 902(b)(1) · 106 Stat. 4506

    Substituted · 28 U.S.C. § 2412(d)(2)(F)

    Pub. L. 102–572, § 902(b)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(F). Pub. L. 102–572, § 902(b)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.

    Enacted provision · exact public law section
    (1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; and

16. 1992

    Indian Health Amendments of 1992

    Pub. L. 102–573 § 506(a) · 106 Stat. 4526

    Inserted · 28 U.S.C. § 2412(d)(2)(F)

    Pub. L. 102–573, § 506(a), inserted before semicolon at end “and the United States Court of Veterans Appeals”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–573, § 506(a), inserted before semicolon at end “and the United States Court of Veterans Appeals”.

17. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 502(b) · 106 Stat. 4506

    Substituted · 28 U.S.C. § 2412(d)(5)

    Pub. L. 102–572, § 502(b), substituted “The Attorney General shall report annually to the Congress on” for “The Director of the Administrative Office of the United States Courts shall include in the annual report prepared pursuant to section 604 of this title,”

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 102–572, § 502(b), substituted “The Attorney General shall report annually to the Congress on” for “The Director of the Administrative Office of the United States Courts shall include in the annual report prepared pursuant to section 604 of this title,”.

    Enacted provision · exact public law section
    (b) Transfer of Reporting Duty to Administering Agency.— Section 2412(d)(5) of title 28, United States Code, is amended by striking “The Director” and all that follows through “this title,” and inserting “The Attorney General shall report annually to the Congress on”.

18. 1995

    Federal Reports Elimination and Sunset Act of 1995

    Pub. L. 104–66 title I § 1091(b) · 109 Stat. 707

    Struck · 28 U.S.C. § 2412(d)(5)

    Pub. L. 104–66 struck out par. (5) which read as follows: “The Attorney General shall report annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information which may aid the Congress in evaluating the scope and impact of such awards.”

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 104–66 struck out par. (5) which read as follows: “The Attorney General shall report annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information which may aid the Congress in evaluating the scope and impact of such awards.”

    Enacted provision · exact public law section
    (b) Report on Equal Access to Justice.— Section 2412(d)(5) of title 28, United States Code, is repealed.

19. 1996

    Contract with America Advancement Act of 1996

    Pub. L. 104–121 § 232(a) · 110 Stat. 847

    Added · 28 U.S.C. § 2412(d)(1)(D)

    Pub. L. 104–121, § 232(a), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(D). Pub. L. 104–121, § 232(a), added subpar. (D).

    Enacted provision · exact public law section
    (a) Section 2412(d)(1) of title 28, United States Code, is amended by adding at the end the following new subparagraph: “(D) If, in a civil action brought by the United States or a proceeding for judicial review of an adversary adjudication described in section 504(a)(4) of title 5, the demand by the United States is substantially in excess of the judgment finally obtained by the United States and is unreasonable when compared with such judgment, under the facts and circumstances of the case, the court shall award to the party the fees and other expenses related to defending against the excessive demand, unless the party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. Fees and expenses awarded under this subparagraph shall be paid only as a consequence of appropriations provided in advance.”.

20. 1996

    Contract with America Advancement Act of 1996

    Pub. L. 104–121 § 232(b)(1) · 110 Stat. 847

    Substituted · 28 U.S.C. § 2412(d)(2)(A)(ii)

    Pub. L. 104–121, § 232(b)(1), substituted “$125” for “$75”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A)(ii). Pub. L. 104–121, § 232(b)(1), substituted “$125” for “$75”.

    Enacted provision · exact public law section
    (1) in paragraph (2)(A), by striking “$75” and inserting “$125”;

21. 1996

    Contract with America Advancement Act of 1996

    Pub. L. 104–121 § 232(b)(2) · 110 Stat. 847

    Inserted · 28 U.S.C. § 2412(d)(2)(B)

    Pub. L. 104–121, § 232(b)(2), inserted before semicolon at end “or for purposes of subsection (d)(1)(D), a small entity as defined in section 601 of title 5”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 104–121, § 232(b)(2), inserted before semicolon at end “or for purposes of subsection (d)(1)(D), a small entity as defined in section 601 of title 5”.

    Enacted provision · exact public law section
    (2) at the end of paragraph (2)(B), by inserting before the semicolon “or for purposes of subsection (d)(1)(D), a small entity as defined in section 601 of title 5”;

22. 1996

    Contract with America Advancement Act of 1996

    Pub. L. 104–121 § 232(b)(3) · 110 Stat. 847

    Added · 28 U.S.C. § 2412(d)(2)(I)

    Pub. L. 104–121, § 232(b)(3)–(5), added subpar. (I)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(I). Pub. L. 104–121, § 232(b)(3)–(5), added subpar. (I).

    Enacted provision · exact public law section
    (3) at the end of paragraph (2)(G), by striking “and”;

23. 1998

    Pub. L. 105–368 title V § 512(b)(1)(B) · 112 Stat. 3315

    Substituted · 28 U.S.C. § 2412(d)(2)(F)

    Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(F). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

    Enacted provision · exact public law section
    (B) Section 2412 of title 28, United States Code.

    Effective date note
    Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of Title 38, Veterans’ Benefits.

24. 2011

    Pub. L. 111–350 § 5(g)(9)(A) · 124 Stat. 3677

    Substituted · 28 U.S.C. § 2412(d)(2)(E)

    Pub. L. 111–350, § 5(g)(9)(A), substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(E). Pub. L. 111–350, § 5(g)(9)(A), substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978”.

    Enacted provision · exact public law section
    (A) in subsection (d)(2)(E), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”; and

25. 2011

    Pub. L. 111–350 § 5(g)(9)(B) · 124 Stat. 3677

    Substituted · 28 U.S.C. § 2412(d)(3)

    Pub. L. 111–350, § 5(g)(9)(B), substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 111–350, § 5(g)(9)(B), substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978”.

    Enacted provision · exact public law section
    (B) in subsection (d)(3), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”.

26. 2019

    John D. Dingell, Jr. Conservation, Management, and Recreation Act

    Pub. L. 116–9 § 4201(a)(3)(A) · 133 Stat. 580

    Struck · 28 U.S.C. § 2412(d)(3)

    Pub. L. 116–9, § 4201(a)(3)(A), struck out “United States Code,” after “title 5,”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 116–9, § 4201(a)(3)(A), struck out “United States Code,” after “title 5,”.

    Enacted provision · exact public law section
    (A) in subsection (d)(3), by striking “United States Code,”; and

27. 2019

    John D. Dingell, Jr. Conservation, Management, and Recreation Act

    Pub. L. 116–9 § 4201(a)(2) · 133 Stat. 580

    Added · 28 U.S.C. § 2412(d)(5)(8)

    Pub. L. 116–9, § 4201(a)(2), added pars. (5) to (8)

    Source evidence

    Code amendment note
    Subsec. (d)(5) to (8). Pub. L. 116–9, § 4201(a)(2), added pars. (5) to (8).

    Enacted provision · exact public law section
    (2) Court cases.— Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: “(5) (A) Not later than March 31 of the first fiscal year beginning after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. “(B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. “(C) (i) Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision. “(ii) The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement. “(D) The Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report— “(i) any amounts paid under section 1304 of title 31 for a judgment in the case; “(ii) the amount of the award of fees and other expenses; and “(iii) the statute under which the plaintiff filed suit. “(6) As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, the following information: “(A) The case name and number, hyperlinked to the case, if available. “(B) The name of the agency involved in the case. “(C) The name of each party to whom the award was made as such party is identified in the order or other court document making the award. “(D) A description of the claims in the case. “(E) The amount of the award. “(F) The basis for the finding that the position of the agency concerned was not substantially justified. “(7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order. “(8) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).” .

28. 2019

    John D. Dingell, Jr. Conservation, Management, and Recreation Act

    Pub. L. 116–9 § 4201(a)(3)(B) · 133 Stat. 580

    Substituted · 28 U.S.C. § 2412(e)

    Pub. L. 116–9, § 4201(a)(3)(B), substituted “subsection (a) of this section of costs enumerated in section 1920 of this title” for “subsection (a) of section 2412 of title 28, United States Code, of costs enumerated in section 1920 of such title”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–9, § 4201(a)(3)(B), substituted “subsection (a) of this section of costs enumerated in section 1920 of this title” for “subsection (a) of section 2412 of title 28, United States Code, of costs enumerated in section 1920 of such title”.

    Enacted provision · exact public law section
    (B) in subsection (e)— (i) by striking “of section 2412 of title 28, United States Code,” and inserting “of this section”; and (ii) by striking “of such title” and inserting “of this title”.

30 of 33 references resolved to an enrolled provision · 3 partial