Equal Access to Justice Act

(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 96-1418)

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 State 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 all actions pending or commenced after such date.