II 

115TH CONGRESS 

1ST SESSION H. R. 1033 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2017 

Received 

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, 


sradovich on DSK3GMQ082PROD with BILLS
2 

HR 1033 RDS 

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); 

12 (3) by striking subsection (e); and 

13 (4) by inserting after subsection (d) the fol14 lowing: 

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

16 of the United States shall create and maintain online a 

17 searchable database containing the following information 

18 with respect to each award of fees and other expenses 

19 under this section: 

20 ‘‘(1) The case name and number of the adver21 sary adjudication, if available. 

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

23 adversary adjudication. 

24 ‘‘(3) A description of the claims in the adver25 sary adjudication. 


sradovich on DSK3GMQ082PROD with BILLS
3 

HR 1033 RDS 

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 (e) 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, no later than 60 days following the Chairman’s 

14 request, all information requested by the Chairman to 

15 comply with the requirements of subsections (e) and (f).’’. 

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

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

18 following: 

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

20 shall create and maintain online a searchable database 

21 containing the following information with respect to each 

22 award of fees and other expenses under this section: 

23 ‘‘(A) The case name and number. 

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

25 case. 


sradovich on DSK3GMQ082PROD with BILLS
4 

HR 1033 RDS 

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

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

3 order or other court document making the award. 

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

5 ‘‘(E) The amount of the award. 

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

7 of the agency concerned was not substantially justi8 fied. 

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

10 paragraph (5) may not reveal any information the disclo11 sure of which is prohibited by law or court order. 

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

13 General of the United States) shall provide to the Chair14 man of the Administrative Conference of the United 

15 States, no later than 60 days following the Chairman’s 

16 request, all information requested by the Chairman to 

17 comply with the requirements of paragraphs (5) and (6).’’. 

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

19 28, United States Code, is amended— 

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

21 States Code,’’; and 

22 (2) in subsection (e)— 

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

24 28, United States Code,’’ and inserting ‘‘of this 

25 section’’; and 


sradovich on DSK3GMQ082PROD with BILLS
5 

HR 1033 RDS 

1 (B) by striking ‘‘of such title’’ and insert2 ing ‘‘of this title’’. 

3 (d) EFFECTIVE DATE.— 

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

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

6 to awards of fees and other expenses that are made 

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

8 (2) ONLINE DATABASES.—The online databases 

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

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

11 States Code, shall be established as soon as prac12 ticable after the date of the enactment of this Act, 

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

14 the enactment of this Act. 

Passed the House of Representatives February 27, 

2017. 

Attest: KAREN L. HAAS, 

Clerk. 


sradovich on DSK3GMQ082PROD with BILLS