Comments on Equal Access to Justice Act

A question was raised concerning whether section 207 of the Equal Access to Justice Act bars the use of the permanent judgment appropriation for the payment of court costs which were already authorized before enactment of the Equal Access to Justice Act. GAO stated that: (1) the Equal Access to Justice Act is neither expanding nor diminishing the availability of the permanent judgment appropriation; and (2) since no legal basis existed to pay administrative awards of attorneys' fees or court costs from the judgment appropriation prior to the Equal Access to Justice Act, there continues to be none unless and until Congress makes an appropriation or takes other legislative action.