Bipartisan Cohen-Lummis Bill to Increase Government Transparency Passes House

Press Release

Legislation introduced by Congressman Steve Cohen (TN-09) and Congressman Cynthia Lummis (WY-AL) to increase government transparency, the Open Book on Equal Access to Justice Act, passed the House of Representatives. Congress originally enacted the Equal Access to Justice Act (EAJA) as a means to help individuals, retirees, veterans, and small businesses recover attorney's fees and costs associated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, 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[...]

"Americans have a right to know what their government is doing and their government has a duty to be as transparent as possible," said Rep. Cohen. "Without adequate reporting, citizens' rights cannot be fully protected and the government risks failing in its duty to its people. I am glad our bipartisan Open Book on Equal Access to Justice Act passed the House and I appreciate all of Representative Lummis's work to reopen the government's books and help ensure that all Americans have access to this information."

"The Equal Access to Justice Act was a good idea when it passed Congress more than three decades ago," 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 appreciate Rep. Cohen's work in this effort, and I am very pleased to see this bill pass the House."

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, but the Open Book on Equal Access to Justice Act would reinstate them.

The Open Book on Equal Access to Justice Act would require 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.

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