Page 5, insert the following after line 23 and redesignate succeeding subsections, and references thereto, accordingly: "(b) REDUCTION OR DENIAL OF AWARDS.-- The court, in its discretion, may reduce the amount to be awarded under subsection (a), or deny an award, to the extent that the prevailing party during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy.


An amendment numbered 2 printed in Part A of House Report 113-283 to bring the fee shifting provision in the underlying bill more closely aligned with the Equal Access to Justice Act. Allows a judge to consider dilatory or other abusive tactics by the prevailing party in determining whether to reduce or deny a fee award.

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