EAJA Transparency Bill Unanimously Passes U.S. House

Press Release

Yesterday the U.S. House approved by voice vote the Open Book on Equal Access to Justice Act (H.R. 3279), a bipartisan bill introduced by U.S. Representatives Doug Collins (R-GA) and cosponsored by Reps. Cynthia Lummis (R-WY) and Steve Cohen (D-TN). The bill reinstates requirements that federal agencies track and report the attorney fees they award under the Equal Access to Justice Act.

"The Equal Access to Justice Act was a good idea when it passed Congress more than three decades ago as a way to help citizens and small businesses who find themselves in a "David and Goliath' situation in court against federal government," said Rep. Lummis. "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 proud to have partnered with Rep. Collins and Rep. Cohen in this bipartisan effort, and I am very pleased to see this bill pass the House."

The Equal Access to Justice Act (EAJA) was passed by Congress in 1980 and over the years has been a cost recovery resource for veterans, Social Security beneficiaries, and small businesses who find themselves in litigation against the federal government. For the last two decades, however, the program has operated in the dark. Although Congress originally 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.

H.R. 3279 requires the Administrative Conference of the United States (ACUS) to track and report payments made by the federal government under EAJA in order to increase transparency and inform Congress of the impact and effectiveness of the law. The bill requires ACUS to submit an annual report to Congress and establish an online searchable database available to the public. This will allow the public to access information on the amount of attorneys' fees being paid under EAJA, to whom the taxpayers' money is being paid, and from which agencies.

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