Reading Room Document

Funding of Attorneys Fees Awards under the Equal Access to Justice Act

The document is a memorandum responding to a request for an opinion on funding provisions of the Equal Access to Justice Act. The conclusion reached is that awards for fees and expenses may be paid by agencies from unrestricted appropriations, and Congress is better situated than the Executive Branch to limit expenditures under the Act. The questions presented for review include the source of funding for awards under the Act and whether agencies are obligated to allocate or reprogram unrestricted appropriations for the payment of awards. The document also discusses the background and legislative history of the Act, as well as the limitations of the Act and potential solutions.

March 25, 1981