The law › Title 28, Judiciary and Judicial Procedure › Chapter 161
28 U.S.C. 2412: Costs and fees
Created in 1966 by Public Law 89-507. Changed by 10 later laws. No bill we track in this Congress changes it.
14 other sections of the Code cite this one, including 5 U.S.C. 504, 10 U.S.C. 3785, 11 U.S.C. 106, 15 U.S.C. 2060, 23 U.S.C. 327.
1 part of federal rules cite it as their authority, written by Office of the Secretary of Transportation (1).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2019
- Pub. L. 116–9, §4201(a)(3)(A), struck out "United States Code," after "title 5,". (John D. Dingell, Jr. Conservation, Management, and Recreation Act) Law text · (d)
- Pub. L. 116–9, §4201(a)(2), added pars. (5) to (8). (John D. Dingell, Jr. Conservation, Management, and Recreation Act) Law text · (d)
- Pub. L. 116–9, §4201(a)(3)(B), substituted "subsection (a) of this section of costs enumerated in section 1920 of this title" for "subsection (a) of section 2412 of title 28, United States Code, of costs enumerated in section 1920 of such title". (John D. Dingell, Jr. Conservation, Management, and Recreation Act) Law text · (e)
2011
1998
- Pub. L. 105–368 substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals". (Veterans Programs Enhancement Act of 1998) Law text · (d)
1996
- Pub. L. 104–121, §232(a), added subpar. (D). (Contract with America Advancement Act of 1996) Law text · (d)
- Pub. L. 104–121, §232(b)(1), substituted "$125" for "$75". (Contract with America Advancement Act of 1996) Law text · (d)
- Pub. L. 104–121, §232(b)(2), inserted before semicolon at end "or for purposes of subsection (d)(1)(D), a small entity as defined in section 601 of title 5". (Contract with America Advancement Act of 1996) Law text · (d)
- Pub. L. 104–121, §232(b)(3)–(5), added subpar. (I). (Contract with America Advancement Act of 1996) Law text · (d)
1995
- Pub. L. 104–66 struck out par. (5) which read as follows: "The Attorney General shall report annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amou… (Federal Reports Elimination and Sunset Act of 1995) Law text · (d)
1992
- Pub. L. 102–572, §301(a), designated existing provisions as par. (1) and added par. (2). · (a)
- Pub. L. 102–572, §902(b)(1), substituted "United States Court of Federal Claims" for "United States Claims Court". · (d)
- Pub. L. 102–573, §506(a), inserted before semicolon at end "and the United States Court of Veterans Appeals". · (d)
- Pub. L. 102–572, §502(b), substituted "The Attorney General shall report annually to the Congress on" for "The Director of the Administrative Office of the United States Courts shall include in the annual report prepared pursuant to section 604 of this title,". · (d)
1986
- Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". · (d), (e)
1985
- Pub. L. 99–80, §2(a)(1), substituted "or any agency or any official of the United States" for "or any agency and any official of the United States". · (a), (b)
- Pub. L. 99–80, §6, repealed amendment made by Pub. L. 96–481, §204(c), and provided that subsec. (d) was effective on or after Aug. 5, 1985, as if it had not been repealed by section 204(c). See 1980 Amendment note and Revival of Previously Repealed Provisions note below. · (d)
- Pub. L. 99–80, §2(a)(2), inserted ", including proceedings for judicial review of agency actions," after "in tort)". · (d)
- Pub. L. 99–80, §2(b), inserted provisions directing that whether or not the position of the United States was substantially justified must be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civi… · (d)
- Pub. L. 99–80, §2(c)(1), substituted "$2,000,000" for "$1,000,000" in cl. (i), and substituted "or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,0… · (d)
- Pub. L. 99–80, §2(c)(2), added subpars. (D) to (H). · (d)
- Pub. L. 99–80, §2(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows: · (d)
- Pub. L. 99–80, §2(e), added subsec. (f). · (f)
1982
- Pub. L. 97–248 added subsec. (e). · (e)
1980
- Pub. L. 96–481, §204(a), designated existing provisions as subsec. (a), struck out provision that payment of a judgment for costs shall be as provided in section 2414 and section 2517 of this title for the payment of judgments against the United States, and added subsecs. (b) to (d). Pub. L. 96–481…
1966
- Pub. L. 89–507 empowered a court having jurisdiction to award judgment for costs, except as otherwise specifically provided by statute, to the prevailing party in any action brought by or against the United States or any agency or official of the United States acting in his official capacity, limit…
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.