Page:United States Statutes at Large Volume 99 Part 1.djvu/208

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PUBLIC LAW 99-000—MMMM. DD, 1985

99 STAT. 186

28 USC 1961.

PUBLIC LAW 99-80—AUG. 5, 1985 "(f) If the United States appeeils an award of costs or fees and other expenses made against the United States under this section and the award is affirmed in whole or in part, interest shall be paid on the amount of the award as affirmed. Such interest shall be computed at the rate determined under section 1961(a) of this title, and shall run from the date of the award through the day before the date of the mandate of affirmance.". SEC. 3. AWARDS IN CERTAIN SOCIAL SECURITY PROCEEDINGS.

28 USC 2412 note.

Ante, p. 184.

Section 206 of the Equal Access to Justice Act is amended— (1) by striking out Nothing" and inserting in lieu thereof "(a) Except as provided in subsection (b), nothing^*; and (2) by adding at the end thereof the following: "(b) Section 206(b) of the Social Security Act (42 U.S.C. 406(b)(l)) shall not prevent an award of fees and other expenses under section 2412(d) of title 28, United States Code. Section 206(b)(2) of the Social Security Act shall not apply with respect to any such award but onlv if, where the claimant's attorney receives fees for the same work under both section 206(b) of that Act and section 2412(d) of title 28, United States Code, the claimant's attorney refunds to the claimant the amount of the smaller fee.". SEC. 4. REPEAL OF LIMITATION ON PAYMENT OF AWARDS.

5 USC 504 note.

Section 207 of the Equal Access to Justice Act (P.L. 96-481) is hereby repealed. SEC. 5. AWARDS FOR CERTAIN FEES AND OTHER EXPENSES.

5 USC 504 note.

Section 208 of the Eiqual Access to Justice Act is amended by adding at the end thereof the following: "Awards may be made for fees and other expenses incurred before October 1, 1981, in any such adversary adjudication or civil action.".

5 USC prec. 500, SEC. 6. TREATMENT OF EXPIRED PROVISIONS OF LAW. 504 and note; 28 (a) REVIVAL OP CERTAIN EXPIRED PROVISIONS.—Section 504 of title u s e 2412 and 5, United States Code, and the item relating to that section in the note. Effective date. table of sections of chapter 5 of title 5, United States Code, and 5 USC 500 et seq. subsection (d) of section 2412 of title 28, United States (Ilode, shall be Infra.

effective on or after the date of the enactment of this Act as if they had not been repealed by sections 203(c) and 204(c) of the Equal Access to Justice Act. O) REPEALS.— t)

5 USC 504. 28 USC 2412 note. 5 USC 504 note.

(1) Section 203(c) of the Equal Access to Justice Act is hereby repealed. (2) Section 204(c) of the Equal Access to Justice Act is hereby repealed.

SEC. 7. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided in this section, the amendments made by this Act shall apply to cases pending on or commenced on or after the date of the enactment of this Act. (b) APPLICABILITY OF AMENDMENTS TO CERTAIN PRIOR CASES.—The

Effective date. Ante, p. 184.

amendments made by this Act shall apply to any case commenced on or after October 1, 1984, and finally disposed of before the date of the enactment of this Act, except that in any such case, the 30-day period referred to in section 504(a)(2) of title 5, United States Code, or section 2412(d)(l)(B) of title 28, United States Code, as the case may be, shall be deemed to commence on the date of the enactment of this Act.