Equal Access to Justice Reform Act of 2005

Bill: 109-hr-435
Sponsor: Rep. Manzullo, Donald A. [R-IL-16]
Introduced: 2005-02-01 in the House
Policy area: Law
Subjects: Administrative procedure
Administrative remedies
Appropriations
Armed Forces and National Security
Civil actions and liability
Commerce
Congress
Congressional oversight
Congressional reporting requirements
Cost effectiveness
Economics and Public Finance
Evidence (Law)
Government Operations and Politics
Government liability
Government paperwork
Legal fees
Legislation
Minorities
Minority business enterprises
Small business
Women
Women in business

Summary:
action_date: 2005-02-01
text: 
Equal Access to Justice Reform Act of 2005 - Includes within the functions and duties of the Small Business Administration's (SBA's) Office of Advocacy 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 Attorney General to report to specified congressional committees on: (1) the effectiveness of the Equal Access to Justice Act (EAJA) in achieving its purpose of easing the burden upon small businesses of engaging in dispute resolution with the Federal Government; (2) variations in the frequency and amounts of fee awards paid by specified Federal entities; and (3) recommendations for congressional oversight or legislative changes.
 
Eliminates the EAJA's: (1) substantial justification standard whereby the Government can deny attorney's fees to prevailing parties if the agency's position was substantially justified; and (2) rate cap on expert witness and attorney's fees.
 
Sets forth provisions regarding settlement offers, declarations of intent to seek a fee award, payments from agency appropriations, and taxpayer eligibility for fee awards.
 
Defines &quot;prevailing party&quot; in EAJA cases 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.


Legislative actions:
action_date: 2006-05-23
text: Subcommittee Hearings Held.
action_date: 2005-03-02
text: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
action_date: 2005-02-01
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-02-01
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-02-01
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-02-01
text: Introduced in House
action_date: 2005-02-01
text: Introduced in House