Fairness in Government Act of 1980

Summary

Fairness in Government Act of 1980 - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $250,000; and (2) any partnership, corporation, association, or organization whose net worth exceeds $1,000,000. Authorizes a Federal agency to award a prevailing party (other than the United States) reasonable attorney fees and other expenses incurred in administrative adjudication, upon a finding that the position of agency staff was arbitrary, frivolous, unreasonable, or groundless, or that such staff continued to proceed after its position clearly became so. Authorizes a court to award a prevailing party (other than the United States) reasonable attorney fees incurred in any civil action 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). Permits a court to award a prevailing party (other than the United States) reasonable attorney fees and other expenses incurred in any civil action, other than a tort or tax action, by or against the United States, upon a finding that the position of the United States was arbitrary, frivolous, unreasonable, or groundless, or that the Government continued to litigate after its position clearly became so. Allows the agency or court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards shall be paid by the particular agency or department whose position has been found to be arbitrary, frivolous, unreasonable, or groundless. Permits a party dissatisfied with such award in an administrative proceeding to petition for leave to appeal the decision to an appropriate Federal court. Directs the Administrative Conference of the United States and the Administrative Office of the U.S. Courts to report to Congress on the number, nature, and amount of such awards.

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1 official file

• Introduced in House

  summary · EN · 29 April 1980

  Open at official source

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