Settlement Encouragement and Fairness Act

Settlement Encouragement and Fairness Act - Defines "prevailing party" for any Act of Congress, any agency ruling, regulation, or interpretation, or any judicial or administrative rule that provides for the recovery of attorney's fees, to include, in addition to a party who substantially prevails through a judicial or administrative judgement or order or an enforceable written agreement, a party whose pursuit of a non-frivolous 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.

[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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