28 U.S.C. § 2412 — Costs and fees

(a)(1) Unless another statute specifically says otherwise, a court with jurisdiction may award the prevailing party the costs listed in section 1920 of this title, but not attorney fees or attorney expenses, in a civil case brought by or against the United States, a Federal agency^*, or a United States official acting officially. If the United States must pay the costs, the award—at the amount set by statute, court rule, or court order—may only reimburse all or part of the prevailing party’s litigation costs. (2) When the United States brings the case and wins a cost judgment, the judgment may include an amount equal to the filing fee under section 1914(a) of this title. This does not require the United States to pay a filing fee.
(b) Unless a statute expressly forbids it, the court may award the prevailing party reasonable attorney fees and attorney expenses in addition to costs under subsection (a). The United States is responsible for those fees and expenses to the same extent another party would be under common law or a statute that specifically authorizes the award.
(c)(1) A cost judgment under subsection (a) against the United States, a Federal agency, or an official acting officially must be paid as sections 2414 and 2517 of this title provide. It is added to any other relief in the judgment. (2) A judgment for attorney fees and expenses under subsection (b) must also be paid as those sections provide. But if the award is based on a finding that the United States acted in bad faith, the agency found to have acted in bad faith must pay it. The award is added to any other relief in the judgment.
(d)(1)(A) Unless another statute specifically says otherwise, a court must award a prevailing party other than the United States fees and other expenses, in addition to subsection (a) costs, incurred in a civil action against or by the United States in a court with jurisdiction. The case must not be one sounding in tort. The rule includes judicial review of agency action. The court must not award the fees and expenses if the United States’ position was substantially justified or special circumstances would make the award unfair. (B) Within 30 days after final judgment, a party seeking the award must apply to the court. The application must show that the party prevailed, is eligible, and how much is sought. It must include an itemized statement from each attorney or expert witness representing or appearing for the party, showing actual time spent and the rate used. The party must also state that the United States’ position was not substantially justified. The court decides substantial justification from the record in the case, including the record about the agency action or failure to act on which the case is based. (C) The court may reduce or deny the award to the extent the prevailing party unnecessarily and unreasonably prolonged the final resolution. (D) If the United States brings a civil case, or if a party seeks judicial review of an adversary adjudication described in section 504(a)(4) of title 5, and the United States’ demand is substantially greater than the judgment it finally obtains and unreasonable compared with that judgment, the court must award the party the fees and expenses of defending against the excessive demand. It must not do so if the party willfully violated the law, acted in bad faith, or special circumstances make the award unfair. These fees and expenses may be paid only from appropriations provided in advance.
(d)(2)(A) “Fees and other expenses” include reasonable expert-witness expenses; reasonable costs of a study, analysis, engineering report, test, or project that the court finds necessary to prepare the case; and reasonable attorney fees. Fees use the market rates for the kind and quality of services. An expert may not be paid more than the highest rate the United States pays expert witnesses. Attorney fees may not exceed $125 per hour unless the court finds that increased living costs or a special factor, such as too few qualified attorneys for the proceeding, justifies a higher rate. (B) “Party” means (i) an individual whose net worth was no more than $2,000,000 when the case was filed; or (ii) an owner of an unincorporated business, or a partnership, corporation, association, local-government unit, or organization whose net worth was no more than $7,000,000 and that had no more than 500 employees when the case was filed. A tax-exempt organization described in section 501(c)(3) of the Internal Revenue Code of 1986, or a cooperative association defined in section 15(a) of the Agricultural Marketing Act, may qualify regardless of its net worth. For subsection (d)(1)(D), “party” also includes a small entity defined in section 601 of title 5. (C) “United States” includes every agency and every official acting officially. (D) “Position of the United States” includes the position taken in the civil case and the agency’s action or failure to act on which the case is based. Fees and expenses cannot be awarded for any part of the litigation that the party unreasonably prolonged. (E) A civil action by or against the United States includes an appeal by a non-United States party from a contracting officer’s decision under a disputes clause in a Government contract or under chapter 71 of title 41. (F) “Court” includes the United States Court of Federal Claims and the United States Court of Appeals for Veterans Claims. (G) “Final judgment” means a judgment that is final and cannot be appealed, including a settlement order. (H) In an eminent-domain case, “prevailing party” means a party that obtains a final judgment, other than by settlement and excluding interest, whose amount is at least as close to the property owner’s highest trial valuation as to the Government’s highest trial valuation. (I) “Demand” means the United States’ express demand that led to the adversary adjudication. It does not include a statement of the maximum statutory penalty in the complaint or elsewhere when it is accompanied by an express demand for a smaller amount.
(d)(3) For an award to a prevailing party in judicial review of an adversary adjudication defined in section 504(b)(1)(C) of title 5, or of an adversary adjudication under chapter 71 of title 41, the court must include fees and expenses to the same extent section 504(a) authorizes them, unless the United States’ position during that adjudication was substantially justified or special circumstances make an award unfair. (4) The agency over which the party prevailed must pay the award from money available to the agency by appropriation or otherwise. (5)(A) By March 31 of the first fiscal year beginning after enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and by March 31 every fiscal year after that, the Chairman of the Administrative Conference of the United States must send Congress and post online a report on awards during the preceding fiscal year. (B) The report must state the number, nature, and amounts of awards, the claims involved, and other relevant information that may help Congress assess their scope and effect. (C)(i) It must include every payment of an award made under a settlement agreement, whether or not the agreement is sealed or has a nondisclosure provision. (ii) Reporting those fees and expenses does not change any other information protected by a nondisclosure provision. (D) For every case in the report, the Chairman must clearly identify (i) amounts paid under section 1304 of title 31 for a judgment; (ii) the fee-and-expense award; and (iii) the statute under which the plaintiff sued. (6) As soon as practicable, and no later than the first report deadline, the Chairman must create and maintain an online searchable database for every award under this subsection made on or after enactment of that Act. The database must contain (A) the case name and number, linked to the case if available; (B) the agency’s name; (C) each recipient’s name as shown in the awarding order or other court document; (D) a description of the claims; (E) the award amount; and (F) why the agency’s position was found not substantially justified. (7) The database may not disclose information whose disclosure is barred by law or court order. (8) Each agency head, including the Attorney General, must timely give the Chairman all information the Chairman requests to meet paragraphs (5), (6), and (7).
(e) This section does not apply to costs, fees, or other expenses in a proceeding to which section 7430 of the Internal Revenue Code of 1986 applies, determined without considering that section’s subsections (b) and (f). The preceding sentence does not prevent an award under subsection (a) of costs listed in section 1920 of this title as that section existed on October 1, 1981.
(f) If the United States appeals an award against it under this section and the award is affirmed in whole or in part, interest must be paid on the affirmed amount. The interest rate is the rate under section 1961(a) of this title, and interest runs from the award date through the day before the affirmance mandate date.