I 

115TH CONGRESS 

1ST SESSION H. R. 1033 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2017 

Mr. COLLINS of Georgia (for himself, Ms. CHENEY, Mr. COHEN, Mr. 

CHAFFETZ, Mr. SCHRADER, Mr. GOSAR, Mr. THOMPSON of Pennsylvania, 

Mr. LABRADOR, and Mr. PETERSON) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Access to Justice Act’’. 

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1 SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE 

2 PROVISIONS. 

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

4 United States Code, is amended— 

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

6 States Code’’; 

7 (2) by redesignating subsection (f) as sub8 section (h); 

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

10 (4) by inserting after subsection (d) the fol11 lowing: 

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

13 of the United States shall create and maintain online a 

14 searchable database containing the following information 

15 with respect to each award of fees and other expenses 

16 under this section: 

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

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

20 adversary adjudication. 

21 ‘‘(3) A description of the claims in the adver22 sary adjudication. 

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

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

25 order or other agency document making the award. 

26 ‘‘(5) The amount of the award. 

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

2 of the agency concerned was not substantially justi3 fied. 

4 ‘‘(f) The online searchable database described in sub5 section (e) may not reveal any information the disclosure 

6 of which is prohibited by law or court order. 

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

8 Chairman of the Administrative Conference of the United 

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

10 request, all information requested by the Chairman to 

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

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

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

14 following: 

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

16 shall create and maintain online a searchable database 

17 containing the following information with respect to each 

18 award of fees and other expenses under this section: 

19 ‘‘(A) The case name and number. 

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

21 case. 

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

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

24 order or other court document making the award. 

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

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1 ‘‘(E) The amount of the award. 

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

3 of the agency concerned was not substantially justi4 fied. 

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

6 paragraph (5) may not reveal any information the disclo7 sure of which is prohibited by law or court order. 

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

9 General of the United States) shall provide to the Chair10 man of the Administrative Conference of the United 

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

12 request, all information requested by the Chairman to 

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

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

15 28, United States Code, is amended— 

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

17 States Code,’’; and 

18 (2) in subsection (e)— 

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

20 28, United States Code,’’ and inserting ‘‘of this 

21 section’’; and 

22 (B) by striking ‘‘of such title’’ and insert23 ing ‘‘of this title’’. 

24 (d) EFFECTIVE DATE.— 

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

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

3 to awards of fees and other expenses that are made 

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

5 (2) ONLINE DATABASES.—The online databases 

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

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

8 States Code, shall be established as soon as prac9 ticable after the date of the enactment of this Act, 

10 but in no case later than one year after the date of 

11 the enactment of this Act. 

Æ 

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