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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 7 March 1984

   Introduced

   Referred to House Committee on The Judiciary.

   Source: IntroReferral

2. 7 March 1984

   Introduced

   Introduced in House

   Source: IntroReferral

3. 7 March 1984

   Introduced

   Introduced in House

   Source: IntroReferral

4. 12 March 1984

   Referred

   Referred to Subcommittee on Courts, Civil Liberties, and the Administration of Justice.

   Source: Committee

5. 14 March 1984

   Committee

   Subcommittee Hearings Held.

   Source: Committee

6. 11 April 1984

   Committee

   Subcommittee Consideration and Mark-up Session Held.

   Source: Committee

7. 12 April 1984

   Committee

   Clean Bill H.R.5479 Forwarded by Subcommittee to Full Committee in Lieu.

   Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in House

  summary · EN · 7 March 1984

  Open at official source

Sponsors

• Rep. Kastenmeier, Robert W. [D-WI-2] · D · Sponsor
• · hsju00 · Standing

Related records

• related to ← A bill to amend section 504 of title 5, United States Code, and section 2412 of title 28, United States Code, with respect to awards of expenses of certain agency and court proceedings, and for other purposes.