Lummis-Cohen Introduce EAJA Transparency Bill

Press Release

Today U.S. Representatives Cynthia Lummis (R-WY) and Steve Cohen (D-TN) introduced the Open Book on Equal Access to Justice Act (H.R.384). Both were original sponsors of similar bipartisan legislation that the House passed unanimously in the previous Congress.
This bill reinstates tracking and reporting requirements of payments made by the federal government under the Equal Access to Justice Act (EAJA) in order to increase transparency and inform Congress of the impact and effectiveness of the law. The bill requires the Administrative Conference of the United States (ACUS) to submit an annual report to Congress and establish an online searchable database. This will allow the public access to information on the amount of attorneys' fees being paid under EAJA, to whom the taxpayers' money is being paid, and from which agencies.

EAJA was initially passed by Congress in 1980 as a means to help individuals, retirees, veterans, and small businesses recover attorneys' fees and costs associated with suing the federal government. Although 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 when it defunded ACUS. While Congress re-established ACUS in 2010, the tracking and reporting requirements were not re-established.

"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 am pleased to work with Rep. Cohen to introduce this bill and I am confident we will be able to move this transparency legislation forward."

"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, citizens' rights cannot be fully protected and the government risks failing in its duty to its people. I am pleased to join Representative Lummis in introducing our bipartisan Open Book on Equal Access to Justice Act, and I look forward to continuing our work to reopen the government's books and help ensure that all Americans have access to this information."

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