Open Book on Equal Access to Justice Act
Floor Speech
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Mr. COHEN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 752) to amend titles 5 and 28, United States Code, to require the maintenance of databases on awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 752
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Book on Equal Access to Justice Act''. SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.
(a) Agency Proceedings.--Section 504 of title 5, United States Code, is amended--
(1) in subsection (c)(1), by striking ``, United States Code'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by striking subsection (e) and inserting the following:
``(e) The Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this section:
``(1) The case name and number of the adversary adjudication, if available.
``(2) The name of the agency involved in the adversary adjudication.
``(3) A description of the claims in the adversary adjudication.
``(4) The name of each party to whom the award was made, as such party is identified in the order or other agency document making the award.
``(5) The amount of the award.
``(6) The basis for the finding that the position of the agency concerned was not substantially justified.
``(f) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or court order.
``(g) The head of each agency shall provide to the Chairman of the Administrative Conference of the United States all information requested by the Chairman to comply with the requirements of subsections (e) and (f) not later than 60 days after the date on which the request is made.''.
(b) Court Cases.--Section 2412(d) of title 28, United States Code, is amended by adding at the end the following:
``(5) The Chairman of the Administrative Conference shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this section:
``(A) The case name and number.
``(B) The name of the agency involved in the case.
``(C) The name of each party to whom the award was made, as such party is identified in the order or other court document making the award.
``(D) A description of the claims in the case.
``(E) The amount of the award.
``(F) The basis for the finding that the position of the agency concerned was not substantially justified.
``(6) The online searchable database described in paragraph (5) may not reveal any information the disclosure of which is prohibited by law or court order.
``(7) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States all information requested by the Chairman to comply with the requirements of paragraphs (5) and (6) not later than 60 days after the date on which the request is made.''.
(c) Clerical Amendments.--Section 2412 of title 28, United States Code, is amended--
(1) in subsection (d)(3), by striking ``United States Code,''; and
(2) in subsection (e)--
(A) by striking ``of section 2412 of title 28, United States Code,'' and inserting ``of this section''; and
(B) by striking ``of such title'' and inserting ``of this title''.
(d) Effective Date.--
(1) In general.--The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made on or after the date of the enactment of this Act.
(2) Online databases.--The online databases required by section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, shall be established as soon as practicable after the date of the enactment of this Act, but in no case later than 1 year after the date of enactment of this Act.
Mr. Speaker, I rise in support of H.R. 752, the Open Book on Equal Access to Justice Act, a bill House Judiciary Committee Ranking Member Collins and I have worked on together for several years.
The Equal Access to Justice Act was enacted to allow Americans to recover attorneys' fees and costs associated with lawsuits against the Federal Government. This has enabled ordinary citizens, such as veterans, seniors, small business owners, advocates for clean air and clean water, and any other type of citizen to fight unfair or illegal government actions without fear of court costs.
The law has been a success. In 1995, however, an important reporting requirement was removed from it, which made it harder for the public to know how much money the government has awarded. Our bill, the Open Book on Equal Access to Justice Act reinstates the Equal Access to Justice Act's tracking and reporting requirements with respect to payments awarded so that American people can have access to this important information.
It would do this by requiring ACUS, an acronym for the Administrative Conference of the United States, a highly respected, nonpartisan agency, to prepare an annual report for Congress on the fees and costs awarded in these cases. The reports would also include the number and nature of the claims involved.
In summary, H.R. 752 would promote greater transparency and accountability. Accordingly, I urge my colleagues to join me and Mr. Collins in voting for this measure today, and I reserve the balance of my time.
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Mr. COHEN. Mr. Speaker, today, I recognize a lady who served in this Congress named Cynthia Lummis. She was the original cosponsor I had on this bill and worked hard on it and was a very fine Representative.
We also worked with a man named Lowell Baier. Mr. Baier wrote a book called ``Inside the Equal Access to Justice Act: Environmental Litigation and the Crippling Battle over America's Lands, Endangered Species, and Critical Habitats.'' He was a great supporter of this concept, and I want to recognize his efforts as well as Mrs. Lummis'.
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Mr. COHEN. Mr. Speaker, I have no further speakers, and I reserve the balance of my time.
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Mr. COHEN. Mr. Speaker, in closing, again, I would like to thank all the other people, all the members of the Academy and the producers and directors, but also Ranking Member Collins for his continued partnership on this bill, which passed the House last Congress and almost passed the Senate. We always have to remember the enemy is not the Republicans; it is the Senate.
Mr. Speaker, I thank Representatives Collin Peterson and Liz Cheney for their efforts as well. I urge my colleagues to pass this bill, and I yield back the balance of my time.
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