Cohen, Lummis Bill to Increase Government Transparency and Track Equal Access to Justice Act Payments Clears Committee

[WASHINGTON, DC] – Legislation introduced by Congressman Steve Cohen (TN-09) and Congressman Cynthia Lummis (WY-AL) to increase transparency and help ensure adequate protection under the Equal Access to Justice Act (EAJA), the Open Book on Equal Access to Justice Act, was approved on a voice vote this morning by the House Judiciary Committee. Congress enacted 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, but in 1995 removed important reporting requirements. This legislation, H.R. 2919, would reinstate the law’s tracking and reporting requirements of payments awarded to help ensure the American people have access to this important information and now heads to the full House of Representatives for consideration.

“Americans have a right to know what their government is doing and their government has a duty to be as transparent as possible,” said Congressman Cohen. “Without adequate reporting, citizen’s rights cannot be fully protected and the government risks failing in its duty to its people. I look forward to working with Representative Lummis to reopen the government’s books to help ensure that all Americans have access to this information, and I appreciate Chairman Goodlatte’s efforts to pass it through the Committee.”

House Judiciary Committee Chairman Bob Goodlatte (VA-06) said: “Our government works best when its activities are made transparent to the American people and Congress conducts robust oversight to make sure the laws it passes are working. The current lack of reporting and record keeping regarding the actual use of the Equal Access to Justice Act makes it difficult for Congress to accurately assess the impact and effectiveness of the law. I am pleased the House Judiciary Committee has approved commonsense legislation today that will shed light on the scope of the Equal Access to Justice Act. I thank my colleagues, Representatives Lummis and Cohen, for their hard work in drafting this legislation.”

Rep. Lummis said: “The Equal Access to Justice Act was a good idea when it passed Congress more than three decades ago. It remains a good idea today so long as it is operating as Congress intended. Requiring agencies to keep track of what they pay attorneys will help Congress determine if EAJA is working well, or not. I am appreciative of Rep. Cohen and Chairman Goodlatte’s engagement in this effort, and I am pleased to see this bill pass the Judiciary Committee.”

EAJA, initially passed in 1980, is funded by a permanent appropriation. Payments of attorney’s fees and costs occur regardless of any annual spending decisions made by Congress. To maintain its oversight responsibilities, Congress included a requirement that agencies and the Department of Justice issue annual reports on the amount of money paid out under the law. Congress ended those tracking and reporting requirements in 1995.

The Open Book on Equal Access to Justice Act requires every federal agency to begin tracking EAJA payments again, and tasks the Administrative Conference of the United States (ACUS) with compiling that data. ACUS is also required to submit an annual report to Congress, and to establish an online searchable database that will allow the public access to how much has been paid from EAJA, from which agencies, and to whom taxpayer dollars are being paid.

Representatives Lummis and Cohen are joined by Representatives Doug Collins (R-GA), and Joe Garcia (D-FL) in introducing the Open Book on Equal Access to Justice Act.

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.