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S 1138 99th Congress Senate Government Operations and Politics Administrative procedure Appellate procedure Courts and Civil Procedure Federal-local relations Government contractors Government litigation Judicial review Judicial review of administrative acts Lawyers and legal services Legal fees Local and Municipal Government Old age, survivors and disability insurance Public Contracts, Procurement, and Property

A bill to reenact and amend former section 504 of title 5, United States Code, and former section 2412(d) of title 28, United States Code, with respect to awards of expenses of certain agency and court proceedings, and for other purposes.

Introduced: May 15, 1985 Introduced by: Grassley, Chuck Republican · Iowa See on congress.gov
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 17, 1985
Committee on Judiciary requested executive comment from Justice Department, Administrative Office of the United States Courts.
May 15, 1985
Read twice and referred to the Committee on Judiciary.
May 15, 1985
Introduced in Senate
 Plain-English summary Congressional Research Service

Reenacts and amends the Equal Access to Justice Act to declare that whether or not the position of an agency in an adjudicative proceeding was substantially justified shall be determined on the basis of the administrative record, as a whole, in the adversary adjudication for fees and expenses.

Provides that the decision on the award of legal fees and other expenses by the adjudicative officer of a Federal agency that conducts an adversary proceeding shall be the final administrative decision.

Bars any such decision when the Government appeals the underlying merits of an adversary adjudication until a final and unreviewable decision is rendered by the court on appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.

Amends the definition of a "party" which is eligible to be awarded legal expenses to exclude any individual whose net worth exceeds $2,000,000 (currently $1,000,000) and any entity whose net worth exceeds $7,000,000 (currently $5,000,000), including any local government.

Redefines an "adversary adjudication" for which such expenses may be awarded to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978.

Authorizes a party or the United States, if dissatisfied with an adjudicative officer's determination of such expenses, to appeal the determination to the appropriate U.S. court within 30 days after such determination is made. Requires a court's determination on such an appeal to be based solely on the factual record made before the agency. Authorizes a court to modify the determination only if it finds that the failure to make an award of expenses or the calculation of the amount of the award was unsupported by substantial evidence.

Requires agencies to pay litigation expenses to prevailing parties from funds made available to the agency by appropriation or otherwise.

Defines "civil action" to include any appeal by a party other than the United States from a decision of a contracting officer on a dispute in a Federal contract.

Provides that a person shall be a prevailing party in eminent domain proceedings if the person obtains a final judgment which is at least as close to the highest valuation of the property attested to at trial on behalf of the property owner as it is to the highest valuation of the property attested to at trial on behalf of the Government.

Amends the Equal Access to Justice Act to provide that certain provisions of the Social Security Act limiting attorney fees in OASDI benefit actions shall not apply with respect to the award of legal expenses to the prevailing party.

Repeals the termination dates of the Equal Access to Justice Act.

Authorizes awards for fees and expenses in incurred before October 1, 1981, in an adversary adjudication commenced on or after such date.

What's happening now July 17, 1985

Committee on Judiciary requested executive comment from Justice Department, Administrative Office of the United States Courts.

 Committees of jurisdiction 1