,i #aacth ,,congress #ast ,session ,h4 ,r4 #cjcg ,,in ,,the ,,house ,,of ,,representatives ,august #b1 #bjac ,mrs4 ,lummis 7for herself1 ,mr4 ,gosar1 ,mr4 ,conaway1 ,mr4 ,coffman1 ,mr4 ,franks of ,arizona1 ,mr4 ,smith of ,nebraska1 ,mr4 ,nunes1 ,mr4 ,simpson1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,stewart1 ,mr4 ,tipton1 ,mr4 ,walden1 ,mr4 ,chaffetz1 and ,mr4 ,pearce7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend titles #e and #bh1 ,united ,states ,code1 with respect to the award of fees and other expenses in cases brought against agencies of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,government ,litigation ,savings ,act4 #b4 ,modification of equal access to justice provisions 7a7 ,agency proceedings ,section #ejd of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7---- 7i7 by inserting after the first sentence the following3 ,fees and other expenses may be awarded under this subsection only to a prevailing party who has a direct and personal interest in the adversary adjudication because of medical costs1 property damage1 determination of benefits1 unpaid disbursement1 fees and other expenses incurred in defense of the adjudication1 interest in a policy concerning such medical costs1 property damage1 determination of benefits1 unpaid disbursement1 fees and other expenses1 or otherwise42 and 7ii7 by adding at the end the following3 ,the agency conducting the adversary adjudication shall make any party against whom the adjudication is brought1 at the time the adjudication is commenced1 aware of the provisions of this section42 and 7,b7 in paragraph 7#c71 in the first sentence-- 7i7 by striking may reduce and inserting shall reduce2 and 7ii7 by striking unduly and unreasonably and inserting unduly or unreasonably2 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,a77ii71 by striking #abe per hour and all that follows through the end and inserting #bjj per hour4722 and 7,b7 in subparagraph 7,b77ii71 by striking 2 except that and all that follows through section #fja2 and inserting except that-- 7,i7 the net worth of a party 7other than an individual or a unit of local government7 shall include the net worth of any parent entity or subsidiary of that party2 and 7,,ii7 for purposes of subclause 7,i7-- 7aa7 a parent entity of a party is an entity that owns or controls the equity or other evidences of ownership in that party2 and 7bb7 a subsidiary of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party2 2 7#c7 in subsection 7c77#a71 by striking 1 ,united ,states ,code2 and 7#d7 by adding at the end the following new subsection3 7g7 ,the ,director of the ,office of ,management and ,budget shall adjust the maximum hourly fee set forth in subsection 7b77#a77;,a77ii7 for the fiscal year beginning ,october #a1 #bjae1 and for each fiscal year thereafter1 to reflect changes in the ,consumer ,price ,index1 as determined by the ,secretary of ,labor4 4 7b7 ,court cases ,section #bdab7;d7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by amending paragraph 7#a77;,a7 to read as follows3 7,a7 ,except as otherwise specifically provided by statute1 a court1 in any civil action 7other than cases sounding in tort71 including proceedings for judicial review of agency action1 brought by or against the ,united ,states in any court having jurisdiction of that action1 shall award to a prevailing party 7other than the ,united ,states7 fees and other expenses1 in addition to any costs awarded pursuant to subsection 7a71 incurred by that party in the civil action1 unless the court finds that the position of the ,united ,states was substantially justified or that special circumstances make an award unjust4 ,fees and other expenses may be awarded under this paragraph only to a prevailing party who has a direct and personal interest in the civil action because of medical costs1 property damage1 determination of benefits1 unpaid disbursement1 fees and other expenses incurred in defense of the civil action1 interest in a policy concerning such medical costs1 property damage1 determination of benefits1 unpaid disbursement1 fees and other expenses1 or otherwise4 2 7#b7 in paragraph 7#a77;,c7-- 7,a7 by striking court1 in its discretion1 may and inserting court shall2 and 7,b7 by striking unduly and unreasonably and inserting unduly or unreasonably2 7#c7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a77ii71 by striking #abe and all that follows through the end and inserting #bjj per hour4722 7,b7 in subparagraph 7,b77ii71 by striking 2 except that and all that follows through section #fja of ,title #e2 and inserting except that-- 7,i7 the net worth of a party 7other than an individual or a unit of local government7 shall include the net worth of any parent entity or subsidiary of that party2 and 7,,ii7 for purposes of subclause 7,i7-- 7aa7 a parent entity of a party is an entity that owns or controls the equity or other evidences of ownership in that party2 and 7bb7 a subsidiary of a party is an entity the equity or other evidences of ownership in which are owned or controlled by that party2 2 and 7#d7 by adding at the end the following3 7#e7 ,the ,director of the ,office of ,management and ,budget shall adjust the maximum hourly fee set forth in paragraph 7#b77;,a77ii7 for the fiscal year beginning ,october #a1 #bjae1 and for each fiscal year thereafter1 to reflect changes in the ,consumer ,price ,index1 as determined by the ,secretary of ,labor4 4 7c7 ,clerical amendments ,section #bdab of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#c71 by striking ,united ,states ,code12 and 7#b7 in subsection 7e7-- 7,a7 by striking of section #bdab of title #bh1 ,united ,states ,code1 and inserting of this section2 and 7,b7 by striking of such title and inserting of this title4 7d7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 this ,act and the amendments made by this ,act shall take effect on the date of the enactment of this ,act4 7#b7 ,applicability of certain amendments ,the amendments made by subsections 7a7 and 7b7 shall first apply with respect to awards of fees and other expenses that are made under section #ejd of title #e1 ,united ,states ,code1 or section #bdab7;d7 of title #bh1 ,united ,states ,code1 on or after the date of the enactment of this ,act4