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B-40342 1 (1980-12-17)

handle is hein.gao/gaobabjdl0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 B-40342 - December 17, 1980 The Honorable Walter F. Mondale President of the Senate Dear Mr. President: - The purpose of this letter is torecoiw n amendment to the payment provisions of the recently enacted Equal Access to Justice Actl,'!Public Law 96-481, Title II. CAs enacted, the law contains pvvisions which are likely to'cause potentially serious adminis- trative problems and which could very well frustrate the congres- sional intent.r Briefly,,the Equal Access to Justice Act authorizes the awarding of attorney's fees and other expenses against the United States in certain administrative and judicial actions where they were not previously authorized. The objectives of this legislation are: (1) to permit the awarding of these fees and expenses~to reduce the financial deterrent on defending against or seeking review of governmental action, and (2) to proirote agency account- ability for regulatory actions.- The Act adds a new 5 U.S.C. 504 to cover certain agency actions and amends 28 U.S.C. § 2412 to cover judicial proceedings. COur concern is with the provisions for making payment of the awards~> Under S. 265 as originally introduced, payment would have been from the permanent indefinite appropriation for judgments against the United States, 31 U.S.C. S 724a. rThe Senate Judiciary Committee amended the bill to require payment-from agency funds.> See S. Rep. No. 96-253, 96th Cong., 1st Sess. 3 (1979). The law as enacted moJified this position somewhat to, as stated by Representative Kastenmeier, prevent the disassembling of an agency based on one lost case. Cong. Rec., October 1, 1980 (daily ed.), H.10223. The new 5 U.S.C. § 504(d)(1) provides: Fees and other expenses awarded under this section may be paid by any agency over which the party prevails from any funds made available to the agency, by appropriation or otherwise, for such purpose. If not paid by any agency, the fees and other expenses shall be paid in the Same manner as the payment of final judgments is made pursuant to section 2414 of title 28, United States Code. 6i1 ((Oo 2-~

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