Equal Access to Courts Act
Latest action. Referred to House Committee on the Judiciary.
Equal Access to Courts Act - Entitles parties which (1) are individuals or entities having assets below specified amounts, and (2) prevail in adjudication before a U.S. agency, to an award for fees and other expenses in the absence of a finding by such agency that its position as a party was substantially justified or that an award is unjust. Directs agencies to establish procedures for the application for such fees and to make written findings of its decision. Prescribes appellate procedures for parties dissatisfied with such award. Allows a court to award costs, not including attorneys' fees, to a party, meeting the criteria of (1) above, which prevails in any civil action brought by or against the United States. Entitles such a party: (1) to an award of reasonable attorneys' fees in certain circumstances; and (2) to additional fees and expenses in the absence of a finding by the court that the position of the U.S. was substantially justified or that an award is unjust. Specifies application procedures for such fees. Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to make an annual accounting to Congress for such awards made in agency and judicial proceedings.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on August 2, 1978. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on August 2, 1978: Referred to House Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 95th Congress (1977-78), 633 of the 19,387 bills and joint resolutions introduced became law, about 3.3 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
ALLEN ERTEL (D-PA) introduced it on August 2, 1978. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on August 2, 1978, 17618 days ago. The most recent recorded action was 17618 days ago, on August 2, 1978.
Measures do not carry over. Anything the 95th Congress has not finished by January 3, 1979 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers