3.0.0 2017 2023-01-13T04:49:34Z 2023-01-13T04:49:34Z Senate S S 2005-11-16 109 ssju00 Judiciary Committee Senate Standing Referred to 2005-11-16T17:53:44Z Equal Access to Justice Reform Act of 2005 109 435 HR 2006-05-23 Subcommittee Hearings Held. Identical bill CRS 2005-11-16 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S12951-12953) IntroReferral 2005-11-16 Sponsor introductory remarks on measure. (CR S12950-12951) IntroReferral B00100 9 Library of Congress 2005-11-16 Introduced in Senate IntroReferral 10000 9 Library of Congress F000061 Sen. Feingold, Russell D. [D-WI] RUSSELL FEINGOLD D WI D. N S000663 Sen. Snowe, Olympia J. [R-ME] Olympia Snowe R ME J. 2005-11-16 True 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 Operations and Politics Government liability Government paperwork Legal fees Legislation Minorities Minority business enterprises Small business Women Women in business Law 00 2005-11-16 Introduced in Senate 2005-12-22T21:26:29Z 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.

]]> Equal Access to Justice Reform Act of 2005 Display Title Equal Access to Justice Reform Act of 2005 Official Title as Introduced A bill to amend the provisions of titles 5 and 28, United States Code, relating to equal access to justice, award of reasonable costs and fees, and administrative settlement offers, and for other purposes. Introduced in Senate IS Short Titles as Introduced Equal Access to Justice Reform Act of 2005 Introduced in Senate 2005-11-16T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s2017is/xml/BILLS-109s2017is.xml 2005-11-16 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S12951-12953) text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.