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Union Calendar No. 322 

113TH CONGRESS 

2D SESSION H. R. 2919 

[Report No. 113–434] 

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

to Congress on, and 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. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2013 

Mrs. LUMMIS (for herself, Mr. COHEN, Mr. GARCIA, and Mr. COLLINS of 

Georgia) introduced the following bill; which was referred to the Committee on the Judiciary 

MAY 6, 2014 

Additional sponsors: Mr. DAINES, Mr. SCHRADER, Mr. PETERSON, and Mr. 

BISHOP of Utah 

MAY 6, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

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

annual reports to Congress on, and 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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Access to Justice Act’’. 

6 SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE 

7 PROVISIONS. 

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

9 United States Code, is amended— 

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

11 States Code’’; 

12 (2) by redesignating subsection (f) as sub13 section (i); and 

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

15 following: 

16 ‘‘(e)(1) The Chairman of the Administrative Con17 ference of the United States, after consultation with the 

18 Chief Counsel for Advocacy of the Small Business Admin19 istration, shall report to the Congress, not later than 

20 March 31 of each year, on the amount of fees and other 

21 expenses awarded during the preceding fiscal year pursu22 ant to this section. The report shall describe the number, 

23 nature, and amount of the awards, the claims involved in 

24 the controversy, and any other relevant information that 

25 may aid the Congress in evaluating the scope and impact 


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1 of such awards. The report shall be made available to the 

2 public online. 

3 ‘‘(2)(A) The report required by paragraph (1) shall 

4 account for all payments of fees and other expenses 

5 awarded under this section that are made pursuant to a 

6 settlement agreement, regardless of whether the settle7 ment agreement is sealed or otherwise subject to non8 disclosure provisions. 

9 ‘‘(B) The disclosure of fees and other expenses re10 quired under subparagraph (A) does not affect any other 

11 information that is subject to nondisclosure provisions in 

12 the settlement agreement. 

13 ‘‘(f) The Chairman of the Administrative Conference 

14 shall create and maintain online a searchable database 

15 containing the following information with respect to each 

16 award of fees and other expenses under this section: 

17 ‘‘(1) The case name and number of the adver18 sary adjudication, if available, hyperlinked to the 

19 case, if available. 

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

21 adversary adjudication. 

22 ‘‘(3) A description of the claims in the adver23 sary adjudication. 

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

25 award was made. 


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1 ‘‘(5) The amount of the award. 

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

3 of the agency concerned was not substantially justi4 fied. 

5 ‘‘(g) The online searchable database described in sub6 section (f) may not reveal any information the disclosure 

7 of which is prohibited by law or court order. 

8 ‘‘(h) The head of each agency shall provide to the 

9 Chairman of the Administrative Conference in a timely 

10 manner all information requested by the Chairman to 

11 comply with the requirements of subsections (e), (f), and 

12 (g).’’. 

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

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

15 following: 

16 ‘‘(5)(A) The Chairman of the Administrative Con17 ference of the United States shall submit to the Congress, 

18 not later than March 31 of each year, a report on the 

19 amount of fees and other expenses awarded during the 

20 preceding fiscal year pursuant to this subsection. The re21 port shall describe the number, nature, and amount of the 

22 awards, the claims involved in each controversy, and any 

23 other relevant information that may aid the Congress in 

24 evaluating the scope and impact of such awards. The re25 port shall be made available to the public online. 


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1 ‘‘(B)(i) The report required by subparagraph (A) 

2 shall account for all payments of fees and other expenses 

3 awarded under this subsection that are made pursuant to 

4 a settlement agreement, regardless of whether the settle5 ment agreement is sealed or otherwise subject to non6 disclosure provisions. 

7 ‘‘(ii) The disclosure of fees and other expenses re8 quired under clause (i) does not affect any other informa9 tion that is subject to nondisclosure provisions in the set10 tlement agreement. 

11 ‘‘(C) The Chairman of the Administrative Conference 

12 shall include and clearly identify in the annual report 

13 under subparagraph (A), for each case in which an award 

14 of fees and other expenses is included in the report— 

15 ‘‘(i) any amounts paid from section 1304 of 

16 title 31 for a judgment in the case; 

17 ‘‘(ii) the amount of the award of fees and other 

18 expenses; and 

19 ‘‘(iii) the statute under which the plaintiff filed 

20 suit. 

21 ‘‘(6) The Chairman of the Administrative Conference 

22 shall create and maintain online a searchable database 

23 containing the following information with respect to each 

24 award of fees and other expenses under this subsection: 


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1 ‘‘(A) The case name and number, hyperlinked 

2 to the case, if available. 

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

4 case. 

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

6 award was made. 

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

8 ‘‘(E) The amount of the award. 

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

10 of the agency concerned was not substantially justi11 fied. 

12 ‘‘(7) The online searchable database described in 

13 paragraph (6) may not reveal any information the disclo14 sure of which is prohibited by law or court order. 

15 ‘‘(8) The head of each agency shall provide to the 

16 Chairman of the Administrative Conference of the United 

17 States in a timely manner all information requested by 

18 the Chairman to comply with the requirements of para19 graphs (5), (6), and (7), including the Attorney General 

20 of the United States and the Director of the Administra21 tive Office of the United States Courts.’’. 

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

23 28, United States Code, is amended— 

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

25 States Code,’’; and 


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1 (2) in subsection (e)— 

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

3 28, United States Code,’’ and inserting ‘‘of this 

4 section’’; and 

5 (B) by striking ‘‘of such title’’ and insert6 ing ‘‘of this title’’. 

7 (d) EFFECTIVE DATE.— 

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

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

10 to awards of fees and other expenses that are made 

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

12 (2) INITIAL REPORTS.—The first reports re13 quired by section 504(e) of title 5, United States 

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

15 States Code, shall be submitted not later than 

16 March 31 of the calendar year following the first 

17 calendar year in which a fiscal year begins after the 

18 date of the enactment of this Act. 

19 (3) ONLINE DATABASES.—The online databases 

20 required by section 504(f) of title 5, United States 

21 Code, and section 2412(d)(6) of title 28, United 

22 States Code, shall be established as soon as prac23 ticable after the date of the enactment of this Act, 

24 but in no case later than the date on which the first 

25 reports under section 504(e) of title 5, United States 


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

2 States Code, are required to be submitted under 

3 paragraph (2) of this subsection. 


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Union Calendar No. 322 

113TH CONGRESS 

2D SESSION H. R. 2919 

[Report No. 113–434] 

A BILL 

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

poses. the United States is a party, and for other purministrative proceedings and court cases to which other expenses to prevailing parties in certain admaintenance of databases on, awards of fees and require annual reports to Congress on, and the 

MAY 6, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS