Bills
| 3.23.22

Do Agencies Need to Publish How Much They Pay Out in Legal Fees For Cases They Lose? (H.R. 752)

Do you support or oppose this bill?

What is H.R. 752?

(Updated May 24, 2019)

This bill would require the Administrative Conference of the United States (ACUS) to annually prepare a report detailing the amount of fees and other expenses awarded by federal courts to nonfederal entities when they prevail in cases against the U.S. It would reinstate a requirement previously included in the Equal Access to Justice Act (EAJA), when it passed in 1980. 

Under this legislation, the ACUS would also be required to create a publicly-available searchable online database with information on the cases where fees and expenses were awarded by courts or federal agencies. The ACUS is an independent agency that assists other agencies of the federal government in improving regulatory and other administrative procedures. 

Argument in favor

Taxpayers have a right to know how much federal agencies pay out in legal fees to reimburse plaintiffs who successfully sue an agency for taking improper action.

Argument opposed

There's no need for federal agencies to keep a public record of what legal fees they pay to settle a suit when the agency was wrong because there's already media coverage of it.

Impact

People suing the U.S.; federal agencies; the Administrative Conference of the United States.

Cost of H.R. 752

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Doug Collins reintroduced this bill from the 115th Congress to protect Americans from the federal government's abusive litigation tactics:

“We must protect the American people from abusive litigation tactics they suffer at the hands of the federal government. The Equal Access to Justice Act is a key tool in providing this recourse, but the lack of transparency surrounding payments makes it hard to know whether the law is working as intended. Restoring transparency and reporting requirements will hold the federal government accountable and help ensure our justice system does not abuse its power.”
Rep. Collins originally introduced this bill in the 114th Congress to ensure that federal agencies keep an open record of how much they're paying out in legal settlements and whether the payments are justified:
"People should have recourse to challenge the federal government when it errs, and taxpayers should likewise have access to information about how executive agencies are handling such cases. The Open Book on Equal Access to Justice Act protects taxpayers and individual Americans by ensuring that the original law operates effectively and with transparency. This legislation we're introducing better equips Congress and every citizen to hold executive agencies accountable for serving Americans with uprightness."
There are three bipartisan cosponsors of this bill in the current Congress, including two Democrats and one Republican. In the 115th Congress, this legislation passed the House by a voice vote with the bipartisan support of eight cosponsors in the House, including five Republicans and three Democrats. During the 114th Congress this legislation passed the House by voice vote but wasn't considered by the Senate.

Of Note: According to the office of Rep. Cynthia Lummis (R-WY): 
"Congress passed 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 the federal government. Congress intended EAJA to remove a barrier to justice for those with limited access to the resources it takes to sue or defend against the federal government."
Summary by Eric Revell
(Photo Credit: Flickr user srqpix / Creative Commons)