Equal Access to Justice Reform Act of 2005
Latest action · Nov 16, 2005 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S12951-12953)
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedNov 16, 2005
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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 "prevailing party" 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.
Cosponsors 1
Members who signed on, in the order they did. All signed on Nov 16, 2005.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-ME | Olympia J. Snowe | Original | Nov 16, 2005 |
Actions 3
Everything that happened, newest first.
- Nov 16, 2005Introduced in Senate
- Nov 16, 2005Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S12951-12953)
- Nov 16, 2005Sponsor introductory remarks on measure. (CR S12950-12951)
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 435 | Equal Access to Justice Reform Act of 2005 | Identical bill | May 23, 2006 |
Subjects
Assigned by the Library of Congress. Policy area: Law.
- 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 liability
- Government Operations and Politics
- Government paperwork
- Law
- Legal fees
- Legislation
- Minorities
- Minority business enterprises
- Small business
- Women
- Women in business
Text 1
Each version as it was printed, newest first.
- Nov 16, 2005Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.