A bill to amend title 5, United States Code, and title 28, United States Code, with respect to awards of expenses of certain agency and court proceedings, and for other purposes.
Equal Access to Justice Act Amendments of 1985 - Amends the Equal Access to Justice Act to provide that when the United States appeals the merits of an adversary adjudication, no decision on an application for legal fees and other expenses in connection with such adjudication shall be made until a final and unreviewable decision is rendered by the court on appeal or until the merits of the case have been determined on appeal.
Amends the definition of a "party" which is eligible to be awarded legal expenses to exclude any individual whose net worth exceeds $2,000,000 (currently $1,000,000) and any entity whose net worth exceeds $7,000,000 (currently $5,000,000), including any local government.
Redefines an "adversary adjudication" for which such expenses may be awarded to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978.
Permits a party or the United States, if dissatisfied with an adjudicative officer's determination of such expenses, to appeal the determination to the appropriate U.S. court within 30 days after such determination is made. Requires a court's determination on such an appeal to be based solely on the factual record made before the agency. Authorizes the court to modify the determination only if it finds that the failure to make an award of expenses or the calculation of the amount of the award was unsupported by substantial evidence.
Requires agencies to pay litigation expenses to prevailing parties from funds made available to the agency.
Requires the payment of interest on the amount of any portion of an award not paid within 60 days after final agency action making such award.
Authorizes the award of legal fees and other expenses to a prevailing party other than the United States in proceedings for the judicial review of an agency action.
Repeals the termination dates of the Equal Access to Justice Act.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Committee on Judiciary requested executive comment from Justice Department, Administrative Office of the United States Courts.
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