article: SECTION 1. EQUAL ACCESS TO JUSTICE REFORM. (a) Short Title.--This Act may be cited as the ``Equal Access to Justice Reform Amendments of 2000''. (b) Award of Costs and Fees.-- (1) Administrative proceedings.--Section 504(a)(2) of title 5, United States Code, is amended by inserting after ``(2)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the adjudicative officer may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail.''. (2) Judicial proceedings.--Section 2412(d)(1)(B) of title 28, United States Code, is amended by inserting after ``(B)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the court may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail.''. (c) Payment From Agency Appropriations.-- (1) Administrative proceedings.--Section 504(d) of title 5, United States Code, is amended by adding at the end the following: ``Fees and expenses awarded under this subsection may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31.''. (2) Judicial proceedings.--Section 2412(d)(4) of title 28, United States Code, is amended by adding at the end the following: ``Fees and expenses awarded under this subsection may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31.''. (d) Taxpayers' Recovery of Costs, Fees, and Expenses.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended by striking subsection (f). (2) Judicial proceedings.--Section 2412 of title 28, United States Code, is amended by striking subsection (e). (e) Offers of Settlement.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code (as amended by subsection (d) of this section), is amended by adding at the end the following: ``(f)(1) At any time after the filing of an application for fees and other expenses under this section, an agency from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (2) Judicial proceedings.--Section 2412 of title 28, United States Code (as amended by subsection (d) of this section), is amended by inserting after subsection (d) the following: ``(e)(1) At any time after the filing of an application for fees and other expenses under this section, an agency of the United States from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (f) Elimination of Substantial Justification Standard.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended-- (A) in subsection (a)(1), by striking all beginning with ``, unless the adjudicative officer'' through ``expenses are sought''; and (B) in subsection (a)(2), by striking ``The party shall also allege that the position of the agency was not substantially justified.''. (2) Judicial proceedings.--Section 2412(d) of title 28, United States Code, is amended-- (A) in paragraph (1)(A), by striking ``, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust''; (B) in paragraph (1)(B), by striking ``The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.''; and (C) in paragraph (3), by striking ``, unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award unjust''. (g) Reports to Congress.-- (1) Administrative proceedings.--Not later than 180 days after the date of the enactment of this Act, the Administrative Conference of the United States shall submit a report to Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal agencies under the provisions of section 504 of title 5, United States Code; and (B) including recommendations for extending the application of such sections to other Federal agencies and administrative proceedings. (2) Judicial proceedings.--Not later than 180 days after the date of the enactment of this Act, the Department of Justice shall submit a report to Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal districts under the provisions of section 2412 of title 28, United States Code; and (B) including recommendations for extending the application of such sections to other Federal judicial proceedings. (h) Effective Date.--The provisions of this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act and shall apply only to an administrative complaint filed with a Federal agency or a civil action filed in a United States court on or after such date.
summary: Prohibits payment of fees and expenses awarded in such proceedings from appropriated funds of the Treasury's claims and judgements account. Deletes provisions barring taxpayer recovery of costs, fees, or other expenses awarded under the Internal Revenue Code. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made (and, if within ten days, the applicant accepts, either party may file the offer and notice of acceptance); (2) an offer not accepted shall be deemed withdrawn (but shall not preclude a subsequent offer); and (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies.