Open Book on Equal Access to Justice Act

Floor Speech

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.

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.

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