Page:United States Statutes at Large Volume 99 Part 1.djvu/207

 PUBLIC LAW 99-80—AUG. 5, 1985

99 STAT. 185

failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.". (c) DEFINITIONS.—

(1) Subparagraph (B) of section 2412(d)(2) of title 28, United States Code, is amended— (A) in clause (i) by striking out "$1,000,000" and inseiting in Keu thereof "$2,000,000"; and (B) by striking out "(ii)" and all that follows through, the end of the subparagraph and inserting in lieu thereof the following: "or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and which had not more than 500 employees at the time the civil action was filed; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 195^1 (26 U.S.C. 501(c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), may be a party r^ardless of the net worth of such organization or cooperative association;". (2) ADDITIONAL DEFiNiTiONS.Subsection (d)(2) of such section is amended— (A) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof a semicolon; and (B) by adding at the end thereof the following: "(D) 'position of the United States' means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agenQr upon which the civil action is based; except that fees and expenses may not be awarded to a party for any portion of the litigation in which the party has imreasonably protracted the proceedings; "(E) 'civil action brought by or against the United Stsites' includes an appeal by a party, other than the United Stsites, from a decision of a contracting officer rendered pursuant to a disputes clause in a contract with the Government or pursuant to the (Contract Disputes Act of 1978; 4i use 601 note. "(F) 'court' includes the United States Claims Court; "(G) 'final judgment' means a judgment that is final and not appealable, and includes an order of settlement; and "(H) 'prevailing party', in the case of eminent domain proceedings, means a party who obtains a final judgment (other than by settlement), exclusive of interest, the amount of which is at least as close to the highest valuation of the prop<3rty involved that is attested to at trial on behalf of the prop<3rty owner as it is to the highest valuation of the property involved that is attested to at trial on behalf of the Government.". (d) PAYMENT OF AWARDS.—Paragraph (4) of section 2412(d) of title 28, United States Code, is amended to read as follows: "(4) Fees and other expenses awarded under this subsection to a party shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise.". (e) INTEREST.—Section 2412 of title 28, United States Code, is amended by adding at the end thereof the following:

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