I 
111TH CONGRESS 
2D SESSION 
H. R. 4717 
To require the Attorney General of the United States to compile, and make 
publically available, certain data relating to the Equal Access to Justice 
Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2010 
Mrs. LUMMIS (for herself, Ms. HERSETH SANDLIN, and Mr. BISHOP of Utah) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To require the Attorney General of the United States to 
compile, and make publically available, certain data relat-
ing to the Equal Access to Justice Act, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Open EAJA Act of 
2010’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) The Equal Access to Justice Act, estab-
lished in 1980 to provide small businesses, individ-
uals, and public interest groups the opportunity to 
recover attorney fees and costs, is funded through a 
permanent Congressional appropriation. 
(2) The Equal Access to Justice Act, as passed, 
includes statutory reporting requirements to Con-
gress on the administration and payments funded 
through the Act. 
(3) The Department of Justice and the Admin-
istrative Conference of the United States ceased re-
porting to Congress on EAJA payments and admin-
istration in 1995. 
(4) Payments authorized by EAJA have contin-
ued every year without Congressional oversight. 
SEC. 3. DATA COMPILATION, REPORTING, AND PUBLIC AC-
CESS. 
(a) REPORTING IN AGENCY ADJUDICATIONS.—Sec-
tion 504(c) of title 5, United States Code, is amended— 
(1) in subsection (c)(1), by striking ‘‘After con-
sultation with the Chairman of the Administrative 
Conference of the United States, each’’ and insert-
ing ‘‘Each’’; and 
(2) by striking subsection (e) and inserting the 
following: 
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‘‘(e)(1) The Attorney General of the United States 
shall issue an annual, online report to the Congress 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, a justifica-
tion for awards exceeding the cap provided in subsection 
(b)(1)(A), 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, and contain a searchable database, total 
awards given, and total number of applications for the 
award of fees and other expenses that were filed, defended, 
and heard, and shall include, with respect to each such 
application, the following: 
‘‘(A) Name of the party seeking the award of 
fees and other expenses. 
‘‘(B) The agency to which the application for 
the award was made. 
‘‘(C) The name of administrative law judges in 
the case. 
‘‘(D) The disposition of the application, includ-
ing any appeal of action taken on the application. 
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‘‘(E) The hourly rates of attorneys and expert 
witnesses stated in the application that was award-
ed. 
‘‘(2) The report under paragraph (1) shall cover pay-
ments of fees and other expenses under this section that 
are made pursuant to a settlement agreement. 
‘‘(3) Each agency shall provide the Attorney General 
with such information as is necessary for the Attorney 
General to comply with the requirements of this sub-
section.’’. 
(b) REPORTING IN COURT CASES.—Section 2412(d) 
of title 28, United States Code, is amended by inserting 
after paragraph (4), the following new paragraph: 
‘‘(5) The Attorney General of the United States shall 
issue an annual, online report to the Congress on the 
amount of fees and other expenses awarded during the 
preceding fiscal year pursuant to this subsection. The re-
port shall describe the number, nature, and amount of the 
awards, the claims involved in the controversy, a justifica-
tion for awards exceeding the cap provided in paragraph 
(2)(A)(ii), 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 and shall contain a searchable database of 
total awards given and the total number of cases filed, 
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defended, or heard, and shall include with respect to each 
such case the following: 
‘‘(A) The name of the party seeking the award 
of fees and other expenses in the case. 
‘‘(B) The district court hearing the case. 
‘‘(C) The names of presiding judges in the case. 
‘‘(D) The name of the agency involved in the 
case. 
‘‘(E) The disposition of the application for fees 
and other expenses, including any appeal of action 
taken on the application. 
‘‘(F) The hourly rates of attorneys and expert 
witnesses stated in the application that was award-
ed. 
The report under this paragraph shall cover payments of 
fees and other expenses under this subsection that are 
made pursuant to a settlement agreement.’’. 
SEC. 4. GAO STUDY. 
Not later than 30 days after the date of enactment 
of this Act, the Comptroller General shall commence an 
audit of the Equal Access to Justice Act for the years 
1995 through the end of the calendar year in which this 
Act is enacted. The Comptroller General shall, not later 
than 1 year after the end of the calendar year in which 
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this Act is enacted, complete such audit and submit to 
the Congress a report on the results of the audit. 
Æ 
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