Equal Access to Justice Reform Act of 2005

Summary

Equal Access to Justice Reform Act of 2005 - Includes within the functions and duties of the Small Business Administration's (SBA's) Office of Advocacy ensuring that the justice system remains accessible to small businesses for the resolution of disputes with the federal government. Directs the Office to advise, cooperate with, and consult with the President and Attorney General regarding provisions concerning the awarding of federal contracts to small businesses and minority-, female-, and veteran-owned businesses. Requires the Attorney General to report to specified congressional committees on: (1) the effectiveness of the Equal Access to Justice Act (EAJA) in achieving its purpose of easing the burden upon small businesses of engaging in dispute resolution with the federal government; (2) variations in the frequency and amounts of fee awards paid by specified federal entities; and (3) recommendations for congressional oversight or legislative changes. Eliminates the EAJA's: (1) substantial justification standard whereby the government can deny attorney's fees to prevailing parties if the agency's position was substantially justified; and (2) rate cap on expert witness and attorney's fees. Sets forth provisions regarding settlement offers, declarations of intent to seek a fee award, payments from agency appropriations, and taxpayer eligibility for fee awards. Defines "prevailing party" in EAJA cases to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.

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Timeline

1. 16 November 2005

   Introduced

   Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S12951-12953)

   Source: IntroReferral

2. 16 November 2005

   Introduced

   Sponsor introductory remarks on measure. (CR S12950-12951)

   Source: IntroReferral

3. 16 November 2005

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · 16 November 2005 · Official file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 16 November 2005

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 16 November 2005

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 16 November 2005

  Open at official source

Sponsors

• Sen. Feingold, Russell D. [D-WI] · D · Sponsor
• Rep. Snowe, Olympia J. [R-ME-2] · R · Sponsor
• · ssju00 · Standing

Related records

• related to → Equal Access to Justice Reform Act of 2005