Equal Access to Justice Amendments Act

Summary

Equal Access to Justice Amendments Act - Amends the Equal Access to Justice Act to limit awards of attorney's fees and other expenses in certain Federal agency actions and in certain judicial proceedings involving the United States to prevailing parties who: (1) would have suffered a pecuniary loss in excess of $500 (and, in the case of agency actions, such loss was in an individual capacity and not as a member or representative of an organization or group); or (2) were engaged in carrying on a trade or business for profit and (a) the amount in controversy (in agency actions, in excess of $500) was directly related to the conduct of such trade or business, or (b) the adjudication involves a violation of the Regulatory Flexibility Act. Provides, for purposes of such awards, that: (1) an affidavit of the attorney affirming that such fees were routine and customary accompany an itemized fee statement; and (2) the amount awarded not be disproportionate to the amount in controversy. Revises the definition of a "party" under such Act to exclude certain agricultural cooperative associations, tax-exempt organizations, and owners who are not sole owners. Requires that fees and other expenses awarded be paid by the particular agency over which the party prevails (for judicial proceedings, the agency issuing an order). Permits such payments from any sums appropriated to such agency, but prohibits specific appropriations for such purpose.

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

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

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

Documents

1 official file

• Introduced in Senate

  summary · EN · 19 May 1981

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.