,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #cged  ,,in ,,the ,,house ,,of  
,,representatives  ,october #i1 #bjae   
,mr4 ,austin ,scott of ,georgia         
introduced the following bill2 which was
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend titles 
#e and #bh1 ,united ,states ,code1 to   
facilitate recovering the costs of      
litigation and agency adjudications for 
prevailing parties in an action against 
the ,united ,states1 and for other      
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,halting ,government
 ,overreach ,act of #bjae4  #b4         
,changing limitations on recovery of    
fees and expenses by the prevailing     
party in an action against the ,united  
,states  7a7 ,civil actions  7#a7       
,removing the substantial justification 
exception  7,a7 ,in general ,section    
#bdab7;d7 of title #bh1 ,united ,states 
,code1 is amended--  7i7 in paragraph   
7#a77;,a71 by striking 1 unless the     
court finds that the position of the    

,united ,states was substantially       
justified or that special circumstances 
make an award unjust2  7ii7 in paragraph
 7#a77;,b71 by striking ,the party shall
 also allege that the position of the   
,united ,states was not substantially   
justified4 ,whether or not the position 
of the ,united ,states was substantially
 justified shall be determined on the   
basis of the record 7including the      
record with respect to the action or    
failure to act by the agency upon which 
the civil action is based7 which is made
 in the civil action for which fees and 
other expenses are sought42 and  7iii7  
in paragraph 7#c71 by striking 1 unless 
the court finds that during such        
adversary adjudication the position of  
the ,united ,states was substantially   
justified1 or that special circumstances
 make an award unjust4  7,b7 ,conforming
 amendment ,section #bdab7;d77#b7 of    
title #bh1 ,united ,states ,code1 is    
amended by striking subparagraph 7,d74  
7#b7 ,requiring direct and personal     

interest ,section #bdab7;d77#a77;,a7 of 
title #bh1 ,united ,states ,code1 is    
amended by adding at the end the        
following3 ,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     
action44  7#c7 ,excluding net worth from
 the definition of party ,section       
#bdab7;d77#b77;,b7 of title #bh1 ,united
 ,states ,code1 is amended-- 7,a7 by    
striking whose net worth did not exceed 
#b1jjj1jjj at the time the civil action 
was filed2  7,b7 by striking 1 the net  
worth of which did not exceed #g1jjj1jjj
 at the time the civil action was filed1
 and2 and  7,c7 by striking 2 except and
 all that follows through defined in    
section #fja of title #e4  7b7 ,agency  
adjudications  7#a7 ,removing the       
substantial justification exception     
7,a7 ,in general ,section #ejd of title 
#e1 ,united ,states ,code1 is amended-- 
7i7 in subsection 7a77#a71 by striking 1
 unless the adjudicative officer of the 

agency finds that the position of the   
agency was substantially justified or   
that special circumstances make an award
 unjust4 ,whether or not the position of
 the agency was substantially justified 
shall be determined on the basis of the 
administrative record1 as a whole1 which
 is made in the adversary adjudication  
for which fees and other expenses are   
sought2 and  7ii7 in subsection 7a77#b71
 by striking ,the party shall also      
allege that the position of the agency  
was not substantially justified44  7,b7 
,conforming amendment ,section          
#ejd7;b77#a7 of title #e1 ,united       
,states ,code1 is amended--  7i7 in     
subparagraph 7,d71 by adding and at the 
end2 and  7ii7 by striking subparagraph 
7,e74  7#b7 ,requiring direct and       
personal interest ,section #ejd7;a77#a7 
of title #e1 ,united ,states ,code1 is  
amended by adding at the end the        
following3 ,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 proceeding44  7#c7 ,excluding net   
worth from the definition of party      
,section #ejd7;b77#a77;,b7 of title #e1 
,united ,states ,code1 is amended-- 7,a7
 by striking whose net worth did not    
exceed #b1jjj1jjj at the time the       
adversary adjudication was initiated2   
7,b7 by striking 1 the net worth of     
which did not exceed #g1jjj1jjj at the  
time the adversary adjudication was     
initiated1 and 2 and  7,c7 by striking 2
 except and all that follows through    
defined in section #fja4  7c7 ,effective
 date ,the amendments made by this      
section shall apply with respect to     
actions initiated after the date of the 
enactment of this ,act4