A bill to amend chapters 5 and 7 of title 5 of the United States Code to provide for the award of reasonable attorney fees, expert witness expenses, and other costs reasonably incurred in proceedings before Federal agencies, and for other purposes.
Public Access to Agency Proceedings Act of 1979 - Establishes within the Department of Justice an Office of Public Participation to award attorney's fees and other costs of participation in any rulemaking, licensing, or other agency proceeding. Requires such an award if a participant has contributed or will contribute to a fair determination of the issues in the proceeding, the monetary benefit to such person is small in comparison to the costs involved, the person lacks resources to become involved without such an award, and the interest represented by such person is not adequately represented by the existing parties to the proceeding. Permits payment within a specified time period after the close of the proceeding or during or before the proceeding where the ability of the person to participate in the proceeding will be significantly impaired without such advance award. Requires repayment of such award if such participant has acted in a dilatory fashion or is guilty of fraud or misrepresentation.
Requires Federal courts to award attorney's fees and other costs of participation to any person challenging a Federal agency action in court if such person substantially prevails. Permits taxing such award against the agency involved for good cause shown or against any other party who has acted in a dilatory fashion during the proceeding.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line