Open Book on Equal Access to Justice Act

Floor Speech

Mr. Speaker, there are so many times on this floor that we come down here and we talk about things that divide us, but I have to say, Mr. Cohen and I, we have had so many things that sometimes we don't see eye to eye on, but we are still friends, and this is one of those times where we have been pursuing this one for a long time. This is a bill that I have been very privileged to have him be a part of and sponsor.

H.R. 752, the Open Book on Equal Access to Justice Act, is to provide transparency and oversight for taxpayer dollars awarded under the Equal Access to Justice Act.

Of all the folks who have been cosponsors on this, Mr. Cohen has stood out among all. He has been such a great supporter of this, and it is good to have him with us managing this bill.

I also thank Representatives Cheney and Peterson for being original cosponsors and their continued leadership on this.

Also, Mr. Speaker, because this is, I believe, something we should have passed last Congress, we went ahead and worked it, and, today, we are also excited to have identical legislation that has been introduced in the Senate by Senators Barrasso and Coons.

This bill has previously passed the House unanimously. It is common sense and restores needed congressional and public oversight.

Congress originally passed the Equal Access to Justice Act in 1980 to remove a barrier to justice for those with limited access to the resources it takes to sue the Federal Government and to recover attorney's fees and costs that go along with such suits. The law was meant to give citizens the ability to challenge or defend against unreasonable government actions where they might otherwise be deterred or unable to do so because of large legal expenses.

The Equal Access to Justice Act was intended for true David and Goliath scenarios where a wronged citizen is facing the Federal Government's vast resources. This law has been on the books for decades and remains important. However, since 1995, tracking and reporting requirements on payments under the law have been halted. Without a comprehensive Federal report on the total amount of fees under the law, we have fallen behind in oversight responsibilities and can't tell, in a meaningful way, if that law is still working as intended.

In fact, a Government Accountability Office report indicated that, without any direction to track payments, most agencies simply do not do it. We have only anecdotal evidence about how much we are spending on attorney's fees, the agencies paying out the fees, and what types of claims are being covered.

The Open Book on Equal Access to Justice Act reinstates needed transparency and accountability requirements to ensure that the Equal Access to Justice Act is helping individuals, retirees, veterans, and small businesses as intended. It requires the Administrative Conference of the United States to develop an online searchable database that includes information on the number, nature, and amount of the awards; claims involved in the controversy; and other relevant information. Agencies would be required to provide information requested by ACUS for the development and maintenance of the database. Importantly, ACUS would be required to withhold information from the database if disclosure is prohibited by law or court order.

As made clear in report language in previous years, I continue to expect ACUS to take appropriate measures to ensure that individual specific healthcare information, such as an individual's diagnoses and treatments, is not contained in the database. This legislation ensures appropriate protections are in place while facilitating critical public and congressional oversight.

The Open Book on Equal Access to Justice Act places agency expenditures under EAJA in view of a watchful public eye and restores scrutiny over taxpayer dollars.

Where the Federal Government is spending money, Congress needs to exercise oversight and ensure it is being done in accordance with the law and congressional intent.

Tracking and reporting requirements preserve the integrity of the Equal Access to Justice Act. They will enable Congress to evaluate the law to make sure it is working effectively for the people it is intended to help. We owe it to small businesses, Social Security claimants, veterans, and similarly situated individuals who rely on the law, faced with the daunting task of taking on the Federal Government, to make sure that it is working.

I look forward to continuing bipartisan efforts to move this bill forward and to the Open Book on Equal Justice Act ultimately becoming law. The consensus behind this legislation reflects the need to address this issue and Americans' right to know how their taxpayer dollars are being spent. It is time we gave them that transparency.

BREAK IN TRANSCRIPT

Mr. COLLINS of Georgia. Cheney), who is a cosponsor and our Conference chair. She has been a great supporter of this.

I would also be remiss, Mr. Speaker, to not say that it was her predecessor who introduced me to this issue, Mrs. Lummis, who always seems to be around, and she keeps this agenda in focus as well. I want to say thank you to her for her previous work.

Mr. Speaker, this is definitely an area that I looked forward to. It should have happened last Congress, for my good friend from Tennessee. It is going to happen, I believe, in this Congress. We have both the House and the Senate, and I think this is definitely something the administration will support. I look forward to this becoming law.

This is simply a good bill that opens up transparency and allows us to make better decisions in Congress. That is what we are supposed to be about. Again, I thank my friend from Tennessee for being a cosponsor on this and for being a part of that.

BREAK IN TRANSCRIPT

Source