II 

116TH CONGRESS 

1ST SESSION S. 217 

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 SENATE OF THE UNITED STATES 

JANUARY 24, 2019 

Mr. BARRASSO (for himself, Mr. COONS, Mr. GRASSLEY, Mr. CORNYN, Mr. 

ENZI, and Mr. RISCH) introduced the following bill; which was read twice 

and 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); and 

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

10 following: 

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

12 of the United States shall create and maintain online a 

13 searchable database containing the following information 

14 with respect to each award of fees and other expenses 

15 under this section: 

16 ‘‘(1) The case name and number of the adver17 sary adjudication, if available. 

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

19 adversary adjudication. 

20 ‘‘(3) A description of the claims in the adver21 sary adjudication. 

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

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

24 order or other agency document making the award. 

25 ‘‘(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 (f) 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 all information requested by the Chairman to com10 ply with the requirements of subsections (e) and (f) not 

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

12 is made.’’. 

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) The Chairman of the Administrative Conference 

17 shall create and maintain online a searchable database 

18 containing the following information with respect to each 

19 award of fees and other expenses under this section: 

20 ‘‘(A) The case name and number. 

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

22 case. 

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

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

25 order or other court document making the award. 


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

2 ‘‘(E) The amount of the award. 

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

4 of the agency concerned was not substantially justi5 fied. 

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

7 paragraph (5) may not reveal any information the disclo8 sure of which is prohibited by law or court order. 

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

10 General of the United States) shall provide to the Chair11 man of the Administrative Conference of the United 

12 States all information requested by the Chairman to com13 ply with the requirements of paragraphs (5) and (6) not 

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

15 is made.’’. 

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

17 28, United States Code, is amended— 

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

19 States Code,’’; and 

20 (2) in subsection (e)— 

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

22 28, United States Code,’’ and inserting ‘‘of this 

23 section’’; and 

24 (B) by striking ‘‘of such title’’ and insert25 ing ‘‘of this title’’. 


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1 (d) EFFECTIVE DATE.— 

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

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

4 to awards of fees and other expenses that are made 

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

6 (2) ONLINE DATABASES.—The online databases 

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

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

9 States Code, shall be established as soon as prac10 ticable after the date of the enactment of this Act, 

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

12 enactment of this Act. 

Æ 


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