Researchers from the U.S. Government Accountability Office are auditing the FAA’s requirement that certificate holders waive the right to the Equal Access to Justice Act (EAJA) to obtain a settlement with the agency.

The EAJA authorizes the payment of attorney fees to a party prevailing against the U.S. government in litigation. Businesses with a net worth of no more than $7 million and 500 employees can apply for EAJA awards by demonstrating the agency’s position was not substantially justified.

FAA Order 2150.3C directs the FAA Office of the General Counsel to include a waiver of the EAJA in any settlement determination: “The agreement states that the person charged with violating the regulations agrees to not initiate any litigation under the Equal Access to Justice Act or any other statutory provision or rule to collect legal fees or costs.” (See, Ch. 8. ¶ 29.b.(8).)

This year’s FAA reauthorization law directed GAO to study the issue and report to Congress regarding the frequency of EAJA waivers and their impact on both the government and the public. To assist, those certificate holders who have made settlement agreements with the FAA can answer the following questions for the GAO.

Note: The question is displayed in its own, embedded window. If the “Submit” button is not visible on the screen, you must scroll within the survey window in order to submit your response.

If the embedded survey does not appear, use the following URL: https://www.surveymonkey.com/r/FAA_EAJA_waivers.

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