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A bill to amend section 504 of title 5, United States Code, and section 2412 of title 28, United States Code, with respect to awards of expenses of certain agency and court proceedings, and for other purposes.

Public Law 99-80 · H.R. 2378 · 99th Congress · began in the House

Signed by Ronald Reagan (R) on Aug 5, 1985 · Government Operations and Politics

Sponsor: Rep. Robert Kastenmeier (D-WI-2)

Cosponsors (15): Rep. Carlos Moorhead,

Passage votes

  • HouseVoice vote
  • SenateVoice vote
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Declares that whether or not the position of an agency in an adjudicative proceeding was substantially justified shall be determined on the basis of the administrative record, as a whole, in the adversary adjudication for which fees and expenses are sought.

Provides that the decision on the award of legal fees and other expenses by the adjudicative officer of a Federal agency that conducts an adversary proceeding shall be the final administrative decision.

Bars any such decision when the Government appeals the underlying merits of an adversary adjudication until a final and unreviewable decision is rendered by the court on appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.

Amends the definition of a "party" which is eligible to be awarded legal expenses to exclude any individual whose net worth exceeds $2,000,000 (currently $1,000,000) and any entity whose net worth exceeds $7,000,000 (currently $5,000,000), including any local government.

Redefines an "adversary adjudication" for which such expenses may be awarded to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978.

Authorizes a party, other than the United States, if dissatisfied with an adjudicative officer's determination of such expenses, to appeal the determination to the appropriate U.S. court within 30 days after such determination is made. Requires a court's determination on such an appeal to be based solely on the factual record made before the agency. Authorizes a court to modify the determination only if it finds that the failure to make an award of expenses or the calculation of the amount of the award was unsupported by substantial evidence.

Requires agencies to pay litigation expenses to prevailing parties from funds made available to the agency by appropriation or otherwise.

Defines "civil action" to include any appeal by a party other than the United States from a decision of a contracting officer on a dispute in a Federal contract.

Provides that a person shall be a prevailing party in eminent domain proceedings if the person obtains a final judgment which is at least as close to the highest valuation of the property attested to at trial on behalf of the property owner as it is to the highest valuation of the property attested to at trial on behalf of the Government.

Amends the Equal Access to Justice Act to provide that certain provisions of the Social Security Act limiting attorney fees in Old age, survivors and disability insurance benefit actions shall not apply with respect to the award of legal expenses to the prevailing party.

Repeals provisions which limit the payment of judgments, fees, and other expenses to amounts provided in advance in appropriation Acts.

Authorizes awards for fees and expenses incurred before October 1, 1981, in adversary adjudications commenced on or after such date.

Revives certain expired provisions of the Equal Access to Justice Act relating to the termination date for awarding fees and expenses.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 9 actions.

  1. Aug 5, 1985Became lawBecame law · Became Public Law No: 99-80.
  2. Became lawBecame law · Signed by President.
  3. Jul 26, 1985PresidentPresident · Presented to President.
  4. Jul 24, 1985FloorFloor · Passed Senate without amendment by Voice Vote.
  5. Jun 24, 1985FloorFloor · Passed House (Amended) by Voice Vote.
  6. Jun 13, 1985CommitteeCommittee · Reported by House Judiciary Committee
  7. May 15, 1985CommitteeCommittee · Markup by House Judiciary Committee
  8. May 7, 1985CommitteeCommittee · Referred to House Judiciary Committee
  9. IntroducedIntroduced · Introduced in the House
Data notes

Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.

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Official record

The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.