Public Participation in Federal Agency Proceedings Act - Authorizes each Federal agency to award reasonable attorneys' fees and other costs of participation in all rulemaking, ratemaking, licencing, and other proceedings which relate directly to the health, safety, civil rights, environment, and economic well-being of consumers in the marketplace. Permits such awards if the person participating in the agency proceeding represents an interest the representation of which contributes or can reasonably be expected to contribute substantially to a fair determination of the proceeding, and the economic interest of the person in the outcome is small in comparison to the costs of effective participation in the proceeding or the person demonstrates to the satisfaction of the agency that such person does not have sufficient resources to participate effectively in the proceeding absent an award under this Act. Requires the agency to make a determination of eligibility under this Act prior to timely participation in the proceeding if at all possible.
Requires payment of an award under this Act within 90 days after the date of final decision. Allows such agency to make advance payments to permit the persons to participate or to continue to participate in the proceeding. Makes such recipient liable for repayment of such advance if the agency determines that the person clearly has not provided the representation for which the payments were made or that the person has acted in an obdurate, dilatory, mendacious, or oppressive manner toward any other participant.
Permits persons seeking judicial review of a Federal agency's action to recover attorneys' fees and other reasonable costs of litigation from the United States if: (1) the plaintiff is afforded the relief sought in substantial measure; (2) the court determines that such action served an important public purpose; and (3) the economic interest of the person is small in comparison to the costs of effective participation in the action, or such person does not have sufficient resources to participate effectively in the action absent an award under this section.
Requires the Administrative Office of the United States Courts to submit to Congress an annual report on awards of attorneys' fees and litigation expenses against the United States.
Authorizes to be appropriated (1) for awards to participants in agency proceedings under this Act, $10,000,000 for each of the fiscal years 1978, 1979, and 1980; and (2) for awards to persons seeking judicial review of agency actions under this Act, such sums as may be necessary to make such awards for actions brought prior to the end of fiscal year 1980.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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