S.Amdt. 3636
What it does: Adds SEC. 1502. CIVIL ACTIONS on page 113, line 21
Sen. Sam Brownback (R-KS)What it changes
1 change to H.R. 4872
Adds SEC. 1502. CIVIL ACTIONS on page 113, line 21
Adds a sectionPrinted pageInserted: SEC. 1502. CIVIL ACTIONS.
Inserted: For purposes of any civil action in which a State challenges any provision of this Act, or an amendment made by this Act, the State shall be--
Inserted: (1) deemed to be a party for purposes of section 2412(d) of title 28, United States Code; and
Inserted: (2) entitled to an award of attorney's fees under section 2412(d)(1)(A) of title 28, United States Code, if the State is a prevailing party, without regard to whether the position of the United States was substantially justified or whether there are special circumstances.
Original wording
On page 113, after line 21, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3636. Mr. BROWNBACK submitted an amendment intended to be proposed by him to the bill H.R. 4872, to provide for reconciliation pursuant to Title II of the concurrent resolution on the budget for fiscal year 2010 (S. Con. Res. 13); which was ordered to lie on the table; as follows:
On page 113, after line 21, add the following:
SEC. 1502. CIVIL ACTIONS.
For purposes of any civil action in which a State challenges any provision of this Act, or an amendment made by this Act, the State shall be--
(1) deemed to be a party for purposes of section 2412(d) of title 28, United States Code; and
(2) entitled to an award of attorney's fees under section 2412(d)(1)(A) of title 28, United States Code, if the State is a prevailing party, without regard to whether the position of the United States was substantially justified or whether there are special circumstances.
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Senate amendment submitted
March 24, 2010