A bill to amend the Equal Access to Justice Act, and for other purposes.

Summary

Amends the Equal Access to Justice Act to provide that in a certain administrative proceeding the decision of the adjudicative officer constitutes the final administrative decision regarding the award of expenses to a party prevailing against the United States in an adversary adjudication with a Federal agency. Authorizes the adjudicative officer to adjust the net worth eligibility standards such a party to reflect increases in the cost of living. Enables certain municipal corporations and unincorporated towns to be parties to actions under such Act. Redefines "adversary adjudication" to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978. Redefines "position of the agency" to include actions and omissions of the agency. Authorizes a party (including the United States) which is dissatisfied with a fee determination to petition for leave to appeal to the appropriate Federal court. Directs the court to determine all such appeals on the basis of a de novo review of the record. Authorizes appropriations. Prescribes a formula for the payment of interest if payment of agency-awarded expenses is not made within 45 days after award. Directs the court to award incurred expenses to a party prevailing against the United States in proceedings for judicial review of agency action. Repeals the termination dates of the costs and fees award provisions of such Act, thus making them permanent law.

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Documents

1 official file

• Introduced in House

  summary · EN · 7 March 1984

  Open at official source

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