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house Bill H.R. 3037

Changing the Rules of the Equal Access to Justice Act

Argument in favor

Reduces taxpayer burden while returning integrity to the the Equal Access to Justice Act.

Argument opposed

Promotes an equal-justice-for-some-but-not-for-all mentality. Entirely partisan.

bill Progress

  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on the Judiciary
      Constitution, Civil Rights and Civil Liberties
    IntroducedAugust 2nd, 2013

What is House Bill H.R. 3037?

This bill seeks to make changes to the Equal Access to Justice Act (EAJA). The EAJA "awards costs of litigation and attorney’s fees when a citizen, non-profit organization, or small business wins a case involving the federal government AND can show that the federal government’s position was not 'substantially justified.'"

Specifically, this bill would: 

-restrict awards of fees and other expenses under EAJA to prevailing parties with a direct and personal interest in an adjudication, including because of medical costs, property damage, determination of benefits, an unpaid disbursement, and other expenses of adjudication, or because of a policy interest.

Require (currently, authorizes) the reduction or denial of an award if the party during the course of the proceedings engaged in conduct which unduly or unreasonably (currently, unduly and unreasonably) protracted the final resolution of the matter in controversy.

-increase to $200 per hour the cap on attorney fees awarded under EAJA while at the same time eliminating the cost-of-living and special factor considerations for allowing an increase in the hourly rate for such fees, and;

-eliminate the net worth exemption for determining eligibility for using the EAJA. Currently, the EAJA is limited to organizations with a net worth less than $7 million. This bill would extend that $7 million limitation to ALL entities associated with the person, organization or entity involved in the court case in question. 


The bill impacts some individuals, businesses and nonprofits involved in a court case against the federal government via the rules of the Equal Access to Justice Act.

More Information


Argument Against: Brennan Center, NYU School of Law (Please note this refers to a version of the bill from the 112th Congress, and not the current 113th.) 

(Photo Credit: Ronnie Macdonald)


Government Litigation Savings Act

Official Title

To amend titles 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, and for other purposes.

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