THE AUTHORITIES OF THE EQUAL ACCESS TO JUSTICE ACT (TITLE II OF PUBLIC LAW 96-4811) EXPIRED

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001601970015-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: February 3, 2009
• Sequence Number: 15
• Publication Date: November 8, 1984
• Content Type: MEMO

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''19135
THE WHITE HOUSE ~.,,
November S. 1984
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
The authorities of the Equal Access to Justice Act (Title II
of Public Law 96-481) expired on September 30, 1984, for all
cases initiated after that date. While I strongly support the
reauthorization of the Act and have worked closely with the
Congress to that effect, I have today withheld my approval of
the recently passed bill (H.R. 5479) reauthorizing the Act
because certain of its amendments are unacceptable to the
Administration. It is my hope and expectation that an
acceptable reauthorization of the Act will be passed by the
Congress early next year and that this reauthorization will
apply retroactively to covered cases initiated on or after
October 1, 1984.
Pending the reauthorization of the Equal Access to Justice Act
next year, I am directing all agency heads to take the
following actions.
First, agency heads shall ensure that the appropriate offices
and personnel in their agencies understand that the
Administration remains firmly committed to the policies
underlying the Equal Access to Justice Act and that the
failure to obtain an acceptable reauthorization of the Act
this year should in no way be interpreted as a reduction in
that commitment. In this regard, agency heads shall again
review the procedures used by their agencies to ensure that
agency positions are "substantially justified" within the
meaning of the Act. Special attention shall be given to those
agency positions that affect small businesses.
Second, agencies shall accept and retain on file any
applications for awards of fees and expenses pursuant to
section 203 of the Act (5 U.S.C. 504) and shall continue to
provide an appropriate assistance in making such applications.
Agencies will not, of course, be in a position to rule on
these applications until the Act is reauthorized, but other-
wise shall continue to accept such applications and provide
necessary assistance as if the Act were in force.
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Third, as for awards relating to judicial proceedings under
section 204 of the Act, agencies shall continue to accept and
retain on file any demands for settlement of claims for such
awards even though such claims (for cases initiated on or
after October 1, 1984) cannot be filed in court until the Act
is reauthorized. Once the Act is reauthorized, such claims
shall then be reviewed by the agency in accordance with the
terms of the reauthorized Act.
The above measures will ensure that the policies underlying
the Equal Access to Justice Act will continue in effect until
the Act is reauthorized and that the protections afforded to
litigants by the Act -- particularly to small businesses --
will not be denied during the period between the Act's
expiration and its reauthorization.
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