[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3161 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 3161
To provide a definition of a prevailing party for Federal fee-shifting
statutes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2002
Mr. Feingold (for himself, Mr. Kennedy, and Mr. Jeffords) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To provide a definition of a prevailing party for Federal fee-shifting
statutes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Settlement Encouragement and
Fairness Act''.
SEC. 2. DEFINITION OF PREVAILING PARTY.
(a) In General.--Chapter 1 of title 1, United States Code, is
amended by adding at the end the following:
``Sec. 8. Definition of `prevailing party'
``(a) In General.--In determining the meaning of any Act of
Congress, or of any ruling, regulation, or interpretation of the
various administrative bureaus and agencies of the United States, or of
any judicial or administrative rule, which provides for the recovery of
attorneys' fees, the term `prevailing party' shall include, in addition
to a party who substantially prevails through a judicial or
administrative judgment or order, or an enforceable written agreement,
a party whose pursuit of a nonfrivolous claim or defense was a catalyst
for a voluntary or unilateral change in position by the opposing party
that provides any significant part of the relief sought.
``(b) Relationship to Other Laws.--
``(1) Special criteria for prevailing defendants.--If an
Act, ruling, regulation, interpretation, or rule described in
subsection (a) requires a defendant, but not a plaintiff, to
satisfy certain different or additional criteria to qualify for
the recovery of attorneys' fees, subsection (a) shall not
affect the requirement that such defendant satisfy such
criteria.
``(2) Special criteria unrelated to prevailing.--If an Act,
ruling, regulation, interpretation, or rule described in
subsection (a) requires a party to satisfy certain criteria,
unrelated to whether or not such party has prevailed, to
qualify for the recovery of attorneys' fees, subsection (a)
shall not affect the requirement that such party satisfy such
criteria.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of title 1, United States Code, is amended by adding at the
end the following new item:
``8. Definition of `prevailing party'.''.
(c) Application.--Section 8 of title 1, United States Code, as
added by this Act, shall apply to any case pending or filed on or after
the date of enactment of this Act.
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