Cohen Bill to Increase Government Transparency Passes House

[Washington, D.C.] – The House of Representatives today passed by voice vote the Open Book on Equal Access to Justice Act (H.R. 3279), legislation introduced by Congressman Steve Cohen (TN-09), Congressman Doug Collins (R-GA), and Congressman Cynthia Lummis (R-WY) to increase transparency and give the public access to information about federal payments awarded under the Equal Access to Justice Act (EAJA).

“Transparency will enable ordinary citizens such as veterans, seniors, small business owners, and advocates for clean air and clean water to fight unfair or illegal government action without fear of court costs,” said Congressman Cohen. “I am glad our bipartisan Open Book on Equal Access to Justice Act passed the House and I hope the Senate will follow suit.”

Congress enacted EAJA in 1980 to allow Americans to recover attorneys’ fees and costs associated with lawsuits against the federal government. In 1995, however, an important reporting requirement was removed. The Open Book on Equal Access to Justice Act reinstates the law’s tracking and reporting requirements of payments awarded by the federal government. Specifically, it requires every federal agency to begin tracking EAJA payments again, and tasks the Administrative Conference of the United States (ACUS) with compiling that data.

Representatives Cohen, Collins, and Lummis were joined by Representatives Paul Gosar (R-AZ), Collin Peterson (D-MN) and Kurt Shrader (D-OR) in introducing the Open Book on Equal Access to Justice Act earlier this year.

Background on the Open Book on Equal Access to Justice Act

• In 1980 Congress passed the Equal Access to Justice Act (EAJA) as a means to help individuals, retirees, veterans, and small businesses recover attorney’s fees and costs associated with suing or defending against the federal government. Congress intended EAJA to remove a barrier to justice for those with limited access to the resources it takes to sue or defend against the federal government.

• The EAJA established two methods by which individuals or groups could recover the costs of suing the federal government.

• The first method is through agency proceedings, codified under Title 5, Section 504 of U.S. Code. It provides payments for adjudicatory proceedings within the agency themselves, as opposed to courts proceedings.

• The EAJA required the Administrative Conference of the United States (ACUS) to track these payments and report on them to Congress.

• In 1994, Congress defunded ACUS without transferring the responsibility of tracking EAJA payments to another agency.

• The second method to recover EAJA fees is through court proceedings, codified in Title 28, Section 2412(d) of U.S. Code.

• The EAJA directed the Department of Justice to track these payments and report them to Congress.

• In 1994, The Paperwork Reduction Act eliminated the DOJ’s tracking and reporting responsibility for EAJA payments.