Equal Access to Justice Reform Amendments of 1998

Summary

Equal Access to Justice Reform Amendments of 1998 - Authorizes the adjudicative officer (in administrative proceedings) and the court (in judicial proceedings) to ask a party to declare whether such party intends to seek an award of fees and expenses against a Federal agency should it prevail. Limits the amount of attorney's fees that may be awarded to $125 per hour unless the agency (in administrative proceedings) or the court (in judicial proceedings) determines that an increase in the cost-of-living based on the date of final disposition justifies a higher fee. Prohibits payment of fees and expenses awarded in such proceedings from appropriated funds of the Treasury's claims and judgements account. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made (and, if within ten days, the applicant accepts, either party may file the offer and notice of acceptance); (2) an offer not accepted shall be deemed withdrawn (but shall not preclude a subsequent offer); and (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies.

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

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 5 February 1998

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 5 February 1998

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 5 February 1998

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.