Equal Access to Justice Act
Latest action. Measure passed Senate.
Equal Access to Justice Act - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes a cooperative association (as defined in the Agricultural Marketing Act) or a tax-exempt organization (as defined in the Internal Revenue Code) regardless of their net worth. Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an adversary administrative adjudication (excluding ratemaking and license application hearings); or (2) in any civil action, other than a tort, brought by or against the United States, unless the administrative officer conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Allows the administrative officer or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Directs each agency, after consultation with the Chairman of the Administrative Conference of the United States, to establish uniform procedures for the consideration of applications for such awards. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails from funds made available to the agency by appropriation or otherwise for such purpose. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference of the United State (after consultation with the Chief Counsel for Advocacy of the Small Business Administration) and the Administrative Office of the United States Courts to report annually to Congress on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions. Authorizes necessary appropriations for fiscal years 1982 through 1984 for awards under this Act. Makes this Act effective on October 1, 1981, and applicable to actions pending or commenced after such date. Stipulates that this Act shall not apply to proceedings to determine eligibility for Social Security benefits.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on September 30, 1980. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
2 steps remain before this bill could become law.
The record's latest action, on September 30, 1980: Measure passed Senate.
- Passage by the House
- 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 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 2 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?
DENNIS DECONCINI (D-AZ) introduced it on September 30, 1980, and 2 members have since signed on as cosponsors.
They come from both major parties: 1 Democrat, 1 Republican.
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 September 30, 1980, 16781 days ago. The most recent recorded action was 16781 days ago, on September 30, 1980.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 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
- SenatePassed
- HouseAwaiting House vote
- PresidentAwaits both chambers