EFFECTIVE DATE OF 1966 AMENDMENT Section 2 of Pub. L. 89-623 provided that: "The amendment made by this Act [amending subsec. (a) of this section] shall be applicable only to cases in which the offense occurs after date of enactment of this Act [Oct. 4, 1966]." CLEAN AIR AMENDMENTS OF 1970, § 304 (D) TITLE 42.-THE PUBLIC HEALTH AND WELFARE § 1857h-2. Citizen suits. (d) Award of costs; security.-The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. CIVIL RIGHTS ACT OF 1964, TITLE II (Public Accommodations Subchapter) TITLE 42.-THE PUBLIC HEALTH AND WELFARE § 2000a-3. Civil actions for injunctive relief. (a) Persons aggrieved; intervention by Attorney General; legal representation; commencement of action without payment of fees, costs, or security. (b) Attorney's fees; liability of United States for costs. In any action commenced pursuant to this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person. CIVIL RIGHTS ACT OF 1964, TITLE VII (Equal Employment Opportunities Subchapter) TITLE 42.-THE PUBLIC HEALTH AND WELFARE § 2000e-5. Enforcement provisions. (k) Attorney's fee; liability of Commission and United States for costs.In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person. (Pub. L. 88-352, title VII, § 706, July 2, 1964, 78 Stat. 259.) REFERENCES IN TEXT Sections 111 and 112, included within the reference to sections 101-115 of Title 29 in subsec. (h), were repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and are now covered by section 3692 of Title 18, Crimes and Criminal Procedure and Federal Rules of Criminal Procedure rule 42, 18 U.S.C., respectively. EFFECTIVE DATE Section effective one year after July 2, 1964, see section 716(a) of Pub. L. 88-352, set out as a note under section 2000e of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2000e-4, 2000e-8, 2000e-9 of this FAIR HOUSING ACT OF 1968 TITLE 42.-THE PUBLIC HEALTH AND WELFARE § 3612. Enforcement by private persons. (c) Injunctive relief and damages; limitation; court costs; attorney fees.-The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff actual damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney fees in the case of a prevailing plaintiff: Provided, That the said plaintiff in the opinion of the court is not financially able to assume said attorney's fees. (Pub. L. 90-284, title VIII, § 812, Apr. 11, 1968, 82 Stat. 88.) REFERENCES IN TEXT This Act, referred to in subsec. (a), means Pub. L. 90-284, which enacted this chapter, sections 231-233, 245, 2101, and 2102 of Title 18, and chapter 15 (section 1301 et seq.) of Title 25, amended sections 1973j (a), (c), 3533 (a), and 3535 (c) of this title and sections 241, 242, and 1153 of Title 18, enacted provisions set out as notes under section 245 of Title 18, and repealed provisions set out as a note under section 1360 of Title 28. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3610, 3614 of this title. ENVIRONMENT NOISE CONTROL ACT OF 1972 TITLE 42.-THE PUBLIC HEALTH AND WELFARE 84911. Citizen suits. (d) Litigation costs.-The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party. whenever the court determines such an award is appropriate. RAILWAY LABOR ACT, § 3 TITLE 45.-RAILROADS § 153. National Railroad Adjustment Board. FIRST. ESTABLISHMENT; COMPOSITION; POWERS AND DUTIES; DIVISIONS; HEARINGS AND AWARDS; JUDICIAL REVIEW. (p) If a carrier does not comply with an order of a division of the Adjustment Board within the time limit in such order, the petitioner, or any person for whose benefit such order was made, may file in the District Court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the carrier operates, a petition setting forth briefly the causes for which he claims relief, and the order of the division of the Adjustment Board in the premises. Such suit in the District Court of the United States shall proceed in all respects as other civil suits, except that on the trial of such suit the findings and order of the division of the Adjustment Board shall be conclusive on the parties, and except that the petitioner shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings, unless they accrue upon his appeal, and such costs shall be paid out of the appropriation for the expenses of the courts of the United States. If the petitioner shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. The district courts are empowered, under the rules of the court governing actions at law, to make such order and enter such judgment, by writ of mandamus or otherwise, as may be appropriate to enforce or set aside the order of the division of the Adjustment Board: Provided, however, That such order may not be set aside except for failure of the division to comply with the requirements of this chapter, for failure of the order to conform, or confine itself, to matters within the scope of the division's jurisdiction, or for fraud or corruption by a member of the division making the order. THE MERCHANT MARINE ACT OF 1936 TITLE 46.-SHIPPING § 1227. Agreements with other carriers forbidden; withholding subsidies; actions by injured persons for damages. It shall be unlawful for any contractor receiving an operating-differential subsidy under chapter VI of this chapter or for any charterer of vessels under subchapter VII of this chapter to continue as a party to or to conform to any agreement with another carrier or carriers by water, or to engage in any practice in concert with another carrier or carriers by water which is unjustly discriminatory or unfair to any other citizen of the United States who operates a common carrier by water exclusively employing vessels registered under the laws of the United States on any established trade route from and to a United States port or ports. No payment or subsidy of any kind shall be paid directly or indirectly out of funds of the United States or any agency of the United States to any contractor or charterer who shall violate this section. Any person who shall be injured in his business or property by reason of anything forbidden by this section may sue therefor in any district court of the United States in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover three fold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee. (June 29, 1936, ch. 858, § 810, 49 Stat. 2015.) COMMUNICATIONS ACT OF 1934 TITLE 47. TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS § 206. Carriers' liability for damages. In case any common carrier shall do, or cause or permit to be done, any act, matter, or thing in this chapter prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this chapter required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this chapter, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. (June 19, 1934, ch. 652, § 206, 48 Stat. 1072.) INTERSTATE COMMERCE ACT TITLE 49.-TRANSPORTATION § 8. Liability in damages to persons injured by violation of law. In case any common carrier subject to the provisions of this chapter shall do, cause to be done, or permit to be done any act, matter, or thing in this chapter prohibited or declared to be unlawful or shall omit to do any act, matter or thing in this chapter required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this chapter, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. (Feb. 4, 1887, ch. 104, pt. I, § 8, 24 Stat. 382; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543.) INTERSTATE COMMERCE ACT, § 16 TITLE 49.-TRANSPORTATION § 16. Order of Commission and enforcement thereof. (2) Proceedings in courts to enforce orders; costs; attorney's fee.-If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the road of the carrier runs, or in any State court of general jurisdiction having jurisdiction of the parties, a complaint setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts therein stated, and except that the plaintiff shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the plaintiff shall finally prevail he shall be allowed a reasonabe attorney's fee, to be taxed and collected as a part of the costs of the suit. INTERSTATE COMMERCE ACT (WATER CARRIERS) TITLE 49. TRANSPORTATION § 908. Reparation awards; limitation of actions. (b) In case any carrier shall do, cause to be done, or permit to be done any act, matter, or thing in this chapter prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this chapter required to be done, such carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. 93D CONGRESS 1ST SESSION S. 973 IN THE SENATE OF THE UNITED STATES FEBRUARY 22, 1973 Mr. HOLLINGS introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 2412 of title 28, United States Code, to provide for the recovery of attorney's fees and expenses in certain actions brought by or against the United States. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That (a) section 2412 of title 28, United States Code, is 4 amended to read as follows: 5 "§ 2412. Costs and attorney fees 6 "(a) (1) Except as otherwise specifically provided by 7 statute, a judgment for costs (but not including the fees and 8 expenses of attorneys) shall be awarded to a prevailing 9 party in any civil action brought by or against the United 10 States or any agency or official of the United States acting |