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Bill98th CongressFiled Mar 24, 1983Law
S. 919

A bill to amend the Equal Access to Justice Act, and for other purposes.

Bill journey · stage 1 of 5

Just introduced

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What it doesSummary reported to senate with amendment(s) (Aug 8, 1984)

(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 98-586)

Amends Federal agency and judicial procedures under the Equal Access to Justice Act relating to reimbursement of litigation expenses incurred by parties prevailing against the United States.

Amends the definition of "a party" which may be so reimbursed to: (1) repeal the exemption from eligibility requirements formerly granted to tax-exempt organizations regardless of their net worth; (2) exclude individuals whose net worth exceeds $2,000,000 (currently $1,000,000); and (3) exclude entities whose net worth exceeds $7,000,000 (currently $5,000,000). Makes municipal corporations and unincorporated towns whose net worth is under $7,000,000 eligible for such reimbursement.

Amends the definition of "adversary adjudication" to include: (1) certain appeals made under the Contract Disputes Act of 1978 before the board of contract appeals; and (2) certain hearings under the Social Security Act.

States that the "position of the agency" includes the underlying action which led to the adversary adjudication. Provides that fees and expenses shall not be awarded against an agency in defending a position after the date such position has become substantially justified.

Entitles the United States to petition to appeal a fee determination. Requires an appellate court to base its determination regarding a fee award upon a de novo review. (Currently, the standard of review is abuse of discretion.)

Requires agencies to pay litigation expenses to prevailing parties from appropriated funds.

Awards interest upon fee determinations which have not been completely paid within 60 days.

Requires a court to grant litigation expenses incurred by a party prevailing against the United States in a proceeding for judicial review of an agency action.

Amends the judicial code to include as a civil action subject to the Equal Access to Justice Act any appeal brought by a party other than the United States from the decision of a contracting officer in a contracts dispute. Applies this provision retroactively to certain actions which were timely filed and dismissed for lack of jurisdiction after October 1, 1981.

Applies such Act to certain Social Security court cases.

Authorizes awards for fees incurred prior to October 1, 1981, for litigation covered by this such Act.

Amends the Internal Revenue Code to require the award of litigation costs to a party prevailing against the United States in a tax case, unless the court finds the position of the United States substantially justified or that special circumstances make an award unjust.

Amends the Judicial Code and the Internal Revenue Code to apply the Equal Access to Justice Act to proceedings brought in the U.S. Claims Court.

Repeals the October 1, 1984, termination date, thus making the provisions of the Equal Access to Justice Act permanent.

Limits the applicability of such Act to proceedings under the Social Security Act to three years after enactment of this Act.

What just happenedOct 5, 1984

Committee on Judiciary received executive comment from Comptroller General of the United States.

Who’s behind it

Sen. Domenici, Pete V. [R-NM](R-NM)Sponsor
7 cosponsors5 D2 R
Read on Congress.gov
7cosponsors1committees17actions13subjects
  1. Oct 5, 1984Committee

    Committee on Judiciary received executive comment from Comptroller General of the United States.

    Judiciary Committee
  2. Oct 4, 1984Floor

    Indefinitely postponed by Senate by Voice Vote.

  3. Sep 17, 1984Floor

    Star Print ordered Report 98-586.

  4. Aug 8, 1984Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 1111.

  5. Aug 8, 1984Committee

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 98-586.

    Judiciary Committee
  6. Aug 8, 1984Committee14000

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. With written report No. 98-586.

    Judiciary Committee
  7. Jun 7, 1984Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  8. May 17, 1984Committee

    Committee on Judiciary. Committee consideration and Mark Up Session held.

    Judiciary Committee
  9. Apr 26, 1984Committee

    Committee on Judiciary received executive comment from Office of the U.S. Attorney General.

    Judiciary Committee
  10. Apr 9, 1984Committee

    Committee on Judiciary. Subcommittee on Courts discharged from further consideration of the bill.

    Judiciary Committee
  11. Feb 29, 1984Committee

    Subcommittee on Administrative Practice&Procedure. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

    Human Rights and the Law Subcommittee
  12. May 16, 1983Committee

    Committee on Judiciary requested executive comment from Office of the U.S. Attorney General.

    Judiciary Committee
  13. Apr 14, 1983Committee

    Subcommittee on Administrative Practice&Procedure. Hearings held.

    Human Rights and the Law Subcommittee
  14. Apr 13, 1983Committee

    Committee on Judiciary. Referred jointly to the Subcommittee on Administrative Practice and Procedure.

    Human Rights and the Law Subcommittee
  15. Apr 13, 1983Committee

    Committee on Judiciary. Referred jointly to the Subcommittee on Courts.

    Human Rights and the Law Subcommittee
  16. Mar 24, 1983IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  17. Mar 24, 1983IntroReferral10000

    Introduced in Senate

Reported to Senate with amendment(s)Aug 8, 198401
(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 98-586)

Amends Federal agency and judicial procedures under the Equal Access to Justice Act relating to reimbursement of litigation expenses incurred by parties prevailing against the United States.

Amends the definition of "a party" which may be so reimbursed to: (1) repeal the exemption from eligibility requirements formerly granted to tax-exempt organizations regardless of their net worth; (2) exclude individuals whose net worth exceeds $2,000,000 (currently $1,000,000); and (3) exclude entities whose net worth exceeds $7,000,000 (currently $5,000,000). Makes municipal corporations and unincorporated towns whose net worth is under $7,000,000 eligible for such reimbursement.

Amends the definition of "adversary adjudication" to include: (1) certain appeals made under the Contract Disputes Act of 1978 before the board of contract appeals; and (2) certain hearings under the Social Security Act.

States that the "position of the agency" includes the underlying action which led to the adversary adjudication. Provides that fees and expenses shall not be awarded against an agency in defending a position after the date such position has become substantially justified.

Entitles the United States to petition to appeal a fee determination. Requires an appellate court to base its determination regarding a fee award upon a de novo review. (Currently, the standard of review is abuse of discretion.)

Requires agencies to pay litigation expenses to prevailing parties from appropriated funds.

Awards interest upon fee determinations which have not been completely paid within 60 days.

Requires a court to grant litigation expenses incurred by a party prevailing against the United States in a proceeding for judicial review of an agency action.

Amends the judicial code to include as a civil action subject to the Equal Access to Justice Act any appeal brought by a party other than the United States from the decision of a contracting officer in a contracts dispute. Applies this provision retroactively to certain actions which were timely filed and dismissed for lack of jurisdiction after October 1, 1981.

Applies such Act to certain Social Security court cases.

Authorizes awards for fees incurred prior to October 1, 1981, for litigation covered by this such Act.

Amends the Internal Revenue Code to require the award of litigation costs to a party prevailing against the United States in a tax case, unless the court finds the position of the United States substantially justified or that special circumstances make an award unjust.

Amends the Judicial Code and the Internal Revenue Code to apply the Equal Access to Justice Act to proceedings brought in the U.S. Claims Court.

Repeals the October 1, 1984, termination date, thus making the provisions of the Equal Access to Justice Act permanent.

Limits the applicability of such Act to proceedings under the Social Security Act to three years after enactment of this Act.

Introduced in SenateMar 24, 198300

Amends Federal agency and judicial procedures under the Equal Access to Justice Act relating to reimbursement of litigation expenses incurred by parties prevailing against the United States.

Amends the definition of "a party" which may be so reimbursed to exclude any tax-exempt charitable organization whose net worth exceeds $5,000,000.

Prohibits the appropriation to a Federal agency of funds specifically earmarked for the reimbursement of litigation expenses incurred by parties prevailing against the United States. Directs the court to specify the agency responsible for payment of such awards. (Requires such agencies, in effect, to make such reimbursements out of their general funds.)

Repeals appropriations previously authorized to Federal agencies for such purposes.

Repeals the October 1, 1984, termination date, thus making the provisions of the Equal Access to Justice Act permanent.

Repeals provisions of the Internal Revenue Code, as added by the Tax Equity and Fiscal Responsibility Act of 1982, which allow the reimbursement of litigation expenses to certain parties prevailing against the United States in tax cases.