Reporting on Equal Access to Justice Act payments
AMENDMENT TO H.R. [XXXX], AS REPORTED
OFFERED BY [NAME OF MEMBER] OF [STATE]
At the end of the bill insert the following:
Sec. [XXX]. (a). Each agency funded by this Act shall report to the Congress, not later than March 31, on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to Equal Access to Justice Act. 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. The report 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). Each agency funded by this Act 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.
(c). The online searchable database described in subsection (b) shall not reveal any information the disclosure of which is prohibited by law or court order.
EPA delays FOIA response; what is it hiding? September 21, 2012