Fairness in Government Act of 1980
Latest action. Referred to House Committee on the Judiciary.
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.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on April 29, 1980. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on April 29, 1980: Referred to House Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
PETER RODINO (D-NJ) introduced it on April 29, 1980. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on April 29, 1980, 16935 days ago. The most recent recorded action was 16935 days ago, on April 29, 1980.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers