Public Participation in Federal Agency Proceedings Act of 1979

Public Participation in Federal Agency Proceedings Act of 1979 - Authorizes each Federal agency to award reasonable attorneys' fees and other costs of participation in all agency proceedings in which public participation is permitted or required. Permits such awards if the person participating in the agency proceeding represents a broad substantial public interest the representation of which contributes or can reasonable be expected to contribute substantially to a fair determination of the proceeding, and if the participant's economic interest in the outcome is small in comparison to the costs of effective participation in the proceeding or the participant demonstrates to the satisfaction of the agency that he or she does not have sufficient resources to participate effectively in the proceeding absent an award under this Act. Requires the agency to make a determination of eligibility under this Act prior to timely participation in the proceeding if all possible. Permits judicial review of a decision denying any participant of payment under this Act. Requires payment of an award under this Act within 90 days after the date of final decision. Allows such agency to make advance payments to permit the persons to participate or to continue to participate in the proceedings. Makes such recipient liable for repayment of such advance or ineligible for any amount he or she was originally entitled to if the agency determines that the person clearly has not provided the representation for which the payment was made or that the person has acted to disrupt or delay the proceeding. Permits persons seeking judicial review of a Federal agency's action which relates directly to health, safety, civil rights, the environment, or the economic well-being of consumers to recover attorneys' fees and other reasonable costs of litigation from the United States if: (1) the plaintiff is afforded the relief sought in substantial measure; (2) the court determines that such action served an important public purpose; and (3) the economic interest of the person is small in comparison to the costs of effective participation in the action, or such person does not have sufficient resources to participate effectively in the action absent an award under this section. Requires the Administrative Office of the United States Courts to submit to Congress an annual report on awards of attorneys' fees and litigation expenses against the United States. Authorizes to be appropriated: (1) for awards to participants in agency proceedings under this Act, $10,000,000 for each of the fiscal years 1980, 1981, and 1982; and (2) for awards to persons seeking judicial review of agency actions under this Act, such sums as may be necessary to make such awards for actions brought prior to the end of fiscal year 1982.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on March 5, 1979. It describes the bill, it is not the legal text.

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.