Page:United States Statutes at Large Volume 94 Part 2.djvu/1047

 PUBLIC LAW 96-481—OCT. 21, 1980

94 STAT. 2325

TITLE II—EQUAL ACCESS TO JUSTICE ACT

Equal Access to Justice Act. 5 USC 504 note.

SEC. 201. This title may be cited as the "Equal Access to Justice Act". FINDINGS AND PURPOSE

SEC. 202. (a) The Congress finds that certain individuals, partner- 5 USC 504 note. ships, corporations, and labor and other organizations may be deterred from seeking review of, or defending against, unreasonable governmental action because of the expense involved in securing the vindication of their rights in civil actions and in administrative proceedings. (h) The Congress further finds that because of the greater resources and expertise of the United States the standard for an award of fees against the United States should be different from the standard governing an award against a private litigant, in certain situations. (c) It is the purpose of this title— (1) to diminish the deterrent effect of seeking review of, or defending against, governmental action by providing in specified situations an award of attorney fees, expert witness fees, and other costs against the United States; and (2) to insure the applicability in actions by or against the United States of the common law and statutory exceptions to the "American rule" respecting the award of attorney fees. AWARD OF F E E S AND OTHER EXPENSES IN CERTAIN AGENCY ACTIONS

SEC. 203. (a)(1) Subchapter I of chapter 5 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 504. Costs and fees of parties 5 USC 504. "(a)(1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency as a party to the proceeding was substantially justified or that special circumstances make an award unjust. "(2) A party seeking an award of fees and other expenses shall, Application for within thirty days of a final disposition in the adversary adjudication, fees and submit to the agency an application which shows that the party is a expenses, submittal. prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. "(3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. The decision of the adjudicative officer of the agency under this section shall be made a part of the record containing the final decision of the agency and shall include written findings and conclusions and the reason or basis therefor. "(b)(1) For the purposes of this section— Definitions.

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