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Equal Access to Justice Reform Amendments of 1995

Read twice and referred to the Committee on Judiciary.

Official summary

Version 00 · Introduced in Senate · Mar 14, 1995

Equal Access to Justice Reform Amendments of 1995 - Authorizes the adjudicative officer (in administrative proceedings) and the court (in judicial proceedings) to ask a party to declare whether such party intends to seek an award of fees and expenses against a Federal agency should it prevail. Increases the amount of attorney's fees that may be awarded to $125 per hour unless the agency (in administrative proceedings) or the court (in judicial proceedings) determines that an increase in the cost-of-living based on the date of final disposition justifies a higher fee. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made (and, if within ten days, the applicant accepts, either party may file the offer and notice of acceptance); (2) an offer not accepted shall be deemed withdrawn (but shall not preclude a subsequent offer); and (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies.

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Who introduced it

Sen. Feingold, Russell D. [D-WI] · D–WI

Committees

  • Judiciary Committee
0 cosponsorship records, including any withdrawals

    Actions

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    1. Read twice and referred to the Committee on Judiciary.

    2. Sponsor introductory remarks on measure. (CR S3896-3897)

    3. Introduced in Senate

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