[Congressional Record Volume 160, Number 67 (Tuesday, May 6, 2014)]
[House]
[Pages H3430-H3433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OPEN BOOK ON EQUAL ACCESS TO JUSTICE ACT
Mr. CHABOT. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 2919) to amend titles 5 and 28, United States Code, to
require annual reports to Congress on, and 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. 2919
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 (i); and
(3) by striking subsection (e) and inserting the following:
[[Page H3431]]
``(e)(1) The Chairman of the Administrative Conference of
the United States, after consultation with the Chief Counsel
for Advocacy of the Small Business Administration, shall
report to the Congress, not later than March 31 of each year,
on the amount of fees and other expenses awarded during the
preceding fiscal year pursuant to this section. The report
shall describe the number, nature, and amount of the awards,
the claims involved in the controversy, and any other
relevant information that may aid the Congress in evaluating
the scope and impact of such awards. The report shall be made
available to the public online.
``(2)(A) The report required by paragraph (1) shall account
for all payments of fees and other expenses awarded under
this section that are made pursuant to a settlement
agreement, regardless of whether the settlement agreement is
sealed or otherwise subject to nondisclosure provisions.
``(B) The disclosure of fees and other expenses required
under subparagraph (A) does not affect any other information
that is subject to nondisclosure provisions in the settlement
agreement.
``(f) 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:
``(1) The case name and number of the adversary
adjudication, if available, hyperlinked to the case, 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.
``(5) The amount of the award.
``(6) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The online searchable database described in
subsection (f) may not reveal any information the disclosure
of which is prohibited by law or court order.
``(h) The head of each agency shall provide to the Chairman
of the Administrative Conference in a timely manner all
information requested by the Chairman to comply with the
requirements of subsections (e), (f), and (g).''.
(b) Court Cases.--Section 2412(d) of title 28, United
States Code, is amended by adding at the end the following:
``(5)(A) The Chairman of the Administrative Conference of
the United States shall submit to the Congress, not later
than March 31 of each year, a report on the amount of fees
and other expenses awarded during the preceding fiscal year
pursuant to this subsection. The report shall describe the
number, nature, and amount of the awards, the claims involved
in each controversy, and any other relevant information that
may aid the Congress in evaluating the scope and impact of
such awards. The report shall be made available to the public
online.
``(B)(i) The report required by subparagraph (A) shall
account for all payments of fees and other expenses awarded
under this subsection that are made pursuant to a settlement
agreement, regardless of whether the settlement agreement is
sealed or otherwise subject to nondisclosure provisions.
``(ii) The disclosure of fees and other expenses required
under clause (i) does not affect any other information that
is subject to nondisclosure provisions in the settlement
agreement.
``(C) The Chairman of the Administrative Conference shall
include and clearly identify in the annual report under
subparagraph (A), for each case in which an award of fees and
other expenses is included in the report--
``(i) any amounts paid from section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(6) 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 subsection:
``(A) The case name and number, hyperlinked to the case, if
available.
``(B) The name of the agency involved in the case.
``(C) The name of each party to whom the award was made.
``(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.
``(7) The online searchable database described in paragraph
(6) may not reveal any information the disclosure of which is
prohibited by law or court order.
``(8) The head of each agency shall provide to the Chairman
of the Administrative Conference of the United States in a
timely manner all information requested by the Chairman to
comply with the requirements of paragraphs (5), (6), and (7),
including the Attorney General of the United States and the
Director of the Administrative Office of the United States
Courts.''.
(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) Initial reports.--The first reports required by section
504(e) of title 5, United States Code, and section 2412(d)(5)
of title 28, United States Code, shall be submitted not later
than March 31 of the calendar year following the first
calendar year in which a fiscal year begins after the date of
the enactment of this Act.
(3) Online databases.--The online databases required by
section 504(f) of title 5, United States Code, and section
2412(d)(6) 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 the date on
which the first reports under section 504(e) of title 5,
United States Code, and section 2412(d)(5) of title 28,
United States Code, are required to be submitted under
paragraph (2) of this subsection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Chabot) and the gentleman from Tennessee (Mr. Cohen) each
will control 20 minutes.
The Chair recognizes the gentleman from Ohio.
General Leave
Mr. CHABOT. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 2919, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. CHABOT. Madam Speaker, I yield myself such time as I may consume.
I would like to begin by thanking Representative Cynthia Lummis and
the Constitution Subcommittee ranking member again, Mr. Cohen from
Tennessee, for introducing this important government transparency
legislation.
Every year, pursuant to the Equal Access to Justice Act, the Federal
Government, through settlement or court order, pays millions of dollars
in legal fees and costs to parties to lawsuits and administrative
adjudications that involve the Federal Government.
However, despite the large number of taxpayer dollars paid out each
year through the Act, the Federal Government no longer comprehensively
keeps track of the amount of fees and other expenses awarded, why these
fees and expenses were awarded, and to whom these costs were awarded.
This is because, in 1995, Congress repealed the Department of
Justice's reporting requirements and defunded the Administrative
Conference of the United States, which is the agency charged with
reporting this basic information to Congress--to us.
The Administrative Conference was reestablished in 2010, but the
requirements to report the fee and cost payments have not been
reenacted. Accordingly, there has been no official governmentwide
accounting of this information since fiscal year 1994, almost 20 years
ago.
This lack of transparency is troubling, given that the Equal Access
to Justice Act is considered by many to be the most important Federal
fee-shifting statute. Fundamentally, the Act recognizes that there is
an enormous disparity of resources between the Federal Government and
individuals and small businesses that seek to challenge the Federal
actions.
Congress enacted the Equal Access to Justice Act to provide
individuals, small businesses, and small nonprofit groups with
financial assistance to bring suit against the Federal Government or to
defend themselves from lawsuits brought by the Federal Government.
As the Supreme Court has noted, the Act was adopted with the
``specific purpose . . . of eliminating for the average person the
financial disincentive to challenge unreasonable governmental
actions.''
But how can we know if the Act is working well toward this end if we
have no data on awards?
Without the data, this bill requires the Administrative Conference to
compile and report that we have nothing more than anecdotal evidence as
to whether the Act is working.
The legislation we are considering today will end this lack of
transparency and will restore the reporting
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requirements that were repealed back in 1995.
I want to, once again, thank Representatives Lummis and Cohen for
introducing this bill. It is good legislation, and I urge my colleagues
to support its passage.
I reserve the balance of my time.
Mr. COHEN. Madam Speaker, I yield myself such time as I may consume.
I rise in strong support of H.R. 2919, the Open Book on Equal Access
to Justice Act, also known as the Longworth 1004 Act.
This bipartisan legislation makes a modest, but important improvement
to the Equal Access to Justice Act, also known as EAJA. That Act, which
was enacted in 1980, allows parties, under certain circumstances, to be
awarded attorneys' fees and court costs when they prevail in litigation
against the United States.
EAJA enables ordinary citizens, such as veterans, senior citizens,
and advocates for clean air and clean water, to fight unfair or illegal
government actions without fear of the court costs involved.
Over the years, the Act has succeeded, but since 1995, when certain
reporting requirements were eliminated, we have had no reliable data on
how much money the government has awarded in these proceedings. The
public has a right to know how taxpayer funds are used, and Congress
ought to be able to assess the impact and effectiveness of EAJA.
{time} 1800
To address this failing, H.R. 2919 would require the Administrative
Conference of the United States, or ACUS, 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.
The Conference would also be required to establish a publicly
accessible, searchable database with this information, as well as the
case name, the agency involved, and the basis of the award.
I am very pleased to sponsor this bill along with the gentlewoman
from Wyoming (Mrs. Lummis), who has done a great job bringing this to
this floor, shepherding it through to, hopefully, passage and becoming
law. We have worked on a bipartisan basis to address this issue.
H.R. 2919 represents a compromise with respect to a broader bill
related to EAJA which Mrs. Lummis previously introduced. It is an
excellent example of what happens when there is bipartisan cooperation.
This legislation will promote greater transparency with respect to
our government and provide valuable information for Congress and our
citizens. It exemplifies the bipartisan cooperation we are capable of
in this Chamber.
I urge my colleagues to support this bill, and I reserve the balance
of my time.
Mr. CHABOT. Madam Speaker, I yield 3 minutes to the gentlewoman from
Wyoming (Mrs. Lummis).
Mrs. LUMMIS. Madam Speaker, I rise in strong support of H.R. 2919,
the Open Book on Equal Access to Justice Act. I want to thank the
ranking member, Steve Cohen, for joining me in introducing this
legislation. The gentleman from Tennessee was the person from whom I
inherited the hallowed halls of Longworth 1004. Our staff shared
duties, including each other's phone duties when meetings were being
held in our offices. It was a great partnership and a wonderful
bipartisan relationship that I have enjoyed ever since coming to
Congress.
I deeply thank the gentleman from Tennessee for his friendship. He
was instrumental in securing bipartisan support for passage of H.R.
2919 through the Judiciary Committee.
H.R. 2919 reinstates the tracking and reporting of attorneys fees
paid out by the Federal Government under the Equal Access to Justice
Act, also known as EAJA.
EAJA was first enacted in 1980, with the goal of protecting small
businesses and other citizens facing unreasonable government action. It
was meant to address the David and Goliath situation that exists when a
citizen has to go to court against the Federal Government's vast
financial and legal resources.
Consistent with this theme, EAJA was amended in 1985 to facilitate
its application to Social Security claims. It was again amended in 1992
to include claims before the Court of Appeals for Veterans Claims.
EAJA has been subject to numerous reviews and revisions over the
years to keep it up to date. Its requirement for agencies to track and
report on attorneys' fees helped inform Congress in its past efforts to
improve the law. This transparency was also a safeguard for the Federal
taxpayers who finance the law.
Prior to 1995, EAJA payments trickled out at a rate of about $3
million annually. But since tracking and reporting requirements were
eliminated in 1995, EAJA has operated in the dark.
As a Government Accountability Office report made clear, most
agencies do not track payments--and won't--unless Congress gives them
direction to do so. Madam Speaker, that is why we are here today.
As the gentleman from Ohio (Mr. Chabot), mentioned, we only have
anecdotal evidence as to how much we are spending on attorney fees,
which agencies pay out the fees, and for what types of claims. We need
transparency to better monitor this law moving forward.
H.R. 2919 both reinstates transparency and improves it by requiring
the information be posted online in a searchable database. We owe this
to the small businesses, veterans, Social Security claimants, and
others who rely on EAJA for their once-in-a-lifetime court battles with
the Federal Government. And we owe it to the hardworking taxpayers who
are financing this law.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. CHABOT. I yield the gentlewoman an additional 30 seconds.
Mrs. LUMMIS. I deeply appreciate it.
Madam Speaker, I urge my colleagues to support H.R. 2919.
Mr. COHEN. Madam Speaker, I yield such time as she may consume to the
gentlewoman from Wyoming (Mrs. Lummis).
Mrs. LUMMIS. Madam Speaker, in great appreciation and deference to
the gentleman on the Judiciary Committee, and especially to my
cosponsor, Mr. Cohen, I gratefully acknowledge his cosponsorship--he
supported this bill--and the hard work of the House Judiciary
Committee.
Mr. COHEN. Madam Speaker, I yield back the balance of my time.
Mr. CHABOT. Madam Speaker, I yield 3 minutes to the gentleman from
Montana (Mr. Daines).
Mr. DAINES. Madam Speaker, I want to thank the gentlelady from
Wyoming (Mrs. Lummis), as well as the gentleman from Tennessee (Mr.
Cohen) for their bipartisan support in this most important bill.
I rise in strong support of H.R. 2919, the Open Book on Equal Access
to Justice Act, which increases transparency and works to ensure that
the Equal Access to Justice Act, or EAJA, does what it was always
intended to do: protect citizens and small businesses against the
limited resources of the Federal Government when they have to go to
court.
This law was written to give individuals like our veterans, seniors,
and small businesses a way to dispute unfair treatment by the
government. However, the original intent of EAJA has been lost in a sea
of habitual litigation, especially when it involves the management of
our natural resources and our public lands and projects that bring
much-needed jobs and tax revenues to local communities. Much of this
litigation is awarded with millions of hard-earned taxpayer dollars.
That is unacceptable.
In Montana, we have seen firsthand the consequences of some of this
litigation. Montanans rely on healthy forests and rangelands for their
livelihoods. Loggers, ranchers, miners, outfitters and guides, and
others, rely on healthy land management to feed their families.
In recent decades, inflexible Federal policies and unrelenting
appeals and lawsuits have imposed a huge administrative burden on our
Federal agencies, limited our mills' access to timber, and ultimately
resulted in the mismanagement of our forests, leaving our homes and
businesses at risk for wildfire and crippling job growth in the timber
industry.
In Montana, we used to have 30 sawmills. Today, we have just nine.
Collaborative projects that the Montana
[[Page H3433]]
timber industry and conservation leaders have spent countless hours
negotiating are sometimes stopped in court. True conservation is on-
the-ground stewardship by hardworking individuals directly reliant on
the land. It is not done in the courtroom.
At the very least, the American people ought to know how much of
their hard-earned tax dollars are going towards these litigants and the
information that led to their claims against the Federal agency. The
Open Book on Equal Access to Justice Act will provide that much-needed
transparency which, hopefully, can limit these lawsuits and help save
hundreds of American jobs.
I urge support for H.R. 2919.
Mr. CHABOT. Madam Speaker, I yield 3 minutes to the gentleman from
Georgia (Mr. Collins).
Mr. COLLINS of Georgia. I thank the gentleman from Ohio.
Madam Speaker, I am proud to rise in support of the Open Book on
Equal Access to Justice Act, and I thank the gentlelady from Wyoming
and the gentleman from Tennessee, my friend on the Judiciary Committee,
for their hard work on this. Also, Mr. Chabot.
There are a lot of times we get to disagree on things, but this is
one we can come together and agree on. And that is a good thing for not
only our committee, it is good for the American people.
The Equal Access to Justice Act supports one of our Nation's founding
principles--equal justice under the law--by making our legal system
more accessible for all Americans.
Today's bipartisan legislation simply ensures that Equal Access to
Justice programs observe commonsense reporting and transparency
requirements. This good government bill will ensure proper oversight of
this program by providing both Congress and the public the data they
need to make informed decisions.
The original Equal Access to Justice Act rightfully included tracking
and reporting requirements concerning payments made under the authority
of this law. Taxpayers should not be on the hook for untold amounts of
attorneys' fees for special interest groups that sue the Federal
Government to change policy without public input.
My constituents simply don't believe their hard-earned money should
go to groups that push their agenda through litigation instead of the
regular legislative process. Congress has a responsibility to ensure
that the Federal Government is truly working on behalf of the Americans
who fund it. The Open Book on Equal Access to Justice Act will help
ensure that the original law is working as Congress intended.
With greater transparency through reporting, the American people will
have greater confidence that their tax dollars are being well spent.
I would like to thank again the sponsors for offering this. I am
proud to be an original cosponsor on this.
Mr. CHABOT. Madam Speaker, having no further speakers, I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Ohio (Mr. Chabot) that the House suspend the rules and
pass the bill, H.R. 2919.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________