H.R. 2204 · 108th Congress
Equal Access to Justice Reform Act of 2003
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Never voted on. It didn't reach a floor vote before the 108th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
ManzulloSponsorNo cosponsors.
Equal Access to Justice Reform Act of 2003 - Modifies Federal provisions regarding the functions and duties of the Office of Advocacy to include ensuring that the justice system remains accessible to small businesses for the resolution of disputes with the Federal Government.
What it does: CRS summary · Introduced in House · May 22, 2003
Equal Access to Justice Reform Act of 2003 - Modifies Federal provisions regarding the functions and duties of the Office of Advocacy to include ensuring that the justice system remains accessible to small businesses for the resolution of disputes with the Federal Government. Directs the Office to advise, cooperate with, and consult with the President and Attorney General regarding provisions concerning the awarding of Federal contracts to small businesses and minority-, female-, and veteran-owned businesses.
Requires the Chief Counsel for Advocacy of the Small Business Administration to report to specified congressional committees on the effectiveness of the Equal Access to Justice Act (EAJA) in achieving its purpose to ease the burden upon small businesses engaging in dispute resolution with the Federal Government, and on the variations in the frequency and amounts of fee awards paid by specific Federal agencies and within specific Federal circuits and districts.
Eliminates the EAJA's: (1) "substantial justification defense" whereby the Government can deny attorney's fees recovery to prevailing parties if the adjudicative officer of the agency finds that the agency's position was substantially justified; and (2) rate cap of $125 per hour on attorney's fees.
Sets forth provisions regarding settlement offers, declaration of intent to seek a fee award, payment from agency appropriations, and taxpayer eligibility for fee awards.
Defines "prevailing party" to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Equal Access to Justice Reform Act of 2003
Latest action (Jun 25, 2003): Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Policy area: Law · Origin: House · Introduced: May 22, 2003
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.