IIB 

116TH CONGRESS 

1ST SESSION H. R. 752 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2019 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend titles 5 and 28, United States Code, to require 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Open Book on Equal 

3 Access to Justice Act’’. 

4 SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE 

5 PROVISIONS. 

6 (a) AGENCY PROCEEDINGS.—Section 504 of title 5, 

7 United States Code, is amended— 

8 (1) in subsection (c)(1), by striking ‘‘, United 

9 States Code’’; 

10 (2) by redesignating subsection (f) as sub11 section (h); and 

12 (3) by striking subsection (e) and inserting the 

13 following: 

14 ‘‘(e) The Chairman of the Administrative Conference 

15 of the United States shall create and maintain online a 

16 searchable database containing the following information 

17 with respect to each award of fees and other expenses 

18 under this section: 

19 ‘‘(1) The case name and number of the adver20 sary adjudication, if available. 

21 ‘‘(2) The name of the agency involved in the 

22 adversary adjudication. 

23 ‘‘(3) A description of the claims in the adver24 sary adjudication. 


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1 ‘‘(4) The name of each party to whom the 

2 award was made, as such party is identified in the 

3 order or other agency document making the award. 

4 ‘‘(5) The amount of the award. 

5 ‘‘(6) The basis for the finding that the position 

6 of the agency concerned was not substantially justi7 fied. 

8 ‘‘(f) The online searchable database described in sub9 section (f) may not reveal any information the disclosure 

10 of which is prohibited by law or court order. 

11 ‘‘(g) The head of each agency shall provide to the 

12 Chairman of the Administrative Conference of the United 

13 States all information requested by the Chairman to com14 ply with the requirements of subsections (e) and (f) not 

15 later than 60 days after the date on which the request 

16 is made.’’. 

17 (b) COURT CASES.—Section 2412(d) of title 28, 

18 United States Code, is amended by adding at the end the 

19 following: 

20 ‘‘(5) The Chairman of the Administrative Conference 

21 shall create and maintain online a searchable database 

22 containing the following information with respect to each 

23 award of fees and other expenses under this section: 

24 ‘‘(A) The case name and number. 


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1 ‘‘(B) The name of the agency involved in the 

2 case. 

3 ‘‘(C) The name of each party to whom the 

4 award was made, as such party is identified in the 

5 order or other court document making the award. 

6 ‘‘(D) A description of the claims in the case. 

7 ‘‘(E) The amount of the award. 

8 ‘‘(F) The basis for the finding that the position 

9 of the agency concerned was not substantially justi10 fied. 

11 ‘‘(6) The online searchable database described in 

12 paragraph (5) may not reveal any information the disclo13 sure of which is prohibited by law or court order. 

14 ‘‘(7) The head of each agency (including the Attorney 

15 General of the United States) shall provide to the Chair16 man of the Administrative Conference of the United 

17 States all information requested by the Chairman to com18 ply with the requirements of paragraphs (5) and (6) not 

19 later than 60 days after the date on which the request 

20 is made.’’. 

21 (c) CLERICAL AMENDMENTS.—Section 2412 of title 

22 28, United States Code, is amended— 

23 (1) in subsection (d)(3), by striking ‘‘United 

24 States Code,’’; and 

25 (2) in subsection (e)— 


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1 (A) by striking ‘‘of section 2412 of title 

2 28, United States Code,’’ and inserting ‘‘of this 

3 section’’; and 

4 (B) by striking ‘‘of such title’’ and insert5 ing ‘‘of this title’’. 

6 (d) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—The amendments made by 

8 subsections (a) and (b) shall first apply with respect 

9 to awards of fees and other expenses that are made 

10 on or after the date of the enactment of this Act. 

11 (2) ONLINE DATABASES.—The online databases 

12 required by section 504(e) of title 5, United States 

13 Code, and section 2412(d)(5) of title 28, United 

14 States Code, shall be established as soon as prac15 ticable after the date of the enactment of this Act, 

16 but in no case later than 1 year after the date of 

17 enactment of this Act. 

Passed the House of Representatives February 7, 

2019. 

Attest: KAREN L. HAAS, 

Clerk. 


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