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 adminis-
trative proceedings and court cases to which the United 
States is a party, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Open Book on Equal 
Access to Justice Act’’. 
SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE 
PROVISIONS. 
(a) AGENCY PROCEEDINGS.—Section 504 of title 5, 
United States Code, is amended— 
(1) in subsection (c)(1), by striking ‘‘, United 
States Code’’; 
(2) by redesignating subsection (f) as sub-
section (h); and 
(3) by striking subsection (e) and inserting the 
following: 
‘‘(e) The Chairman of the Administrative Conference 
of the United States shall create and maintain online a 
searchable database containing the following information 
with respect to each award of fees and other expenses 
under this section: 
‘‘(1) The case name and number of the adver-
sary adjudication, if available. 
‘‘(2) The name of the agency involved in the 
adversary adjudication. 
‘‘(3) A description of the claims in the adver-
sary adjudication. 
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‘‘(4) The name of each party to whom the 
award was made, as such party is identified in the 
order or other agency document making the award. 
‘‘(5) The amount of the award. 
‘‘(6) The basis for the finding that the position 
of the agency concerned was not substantially justi-
fied. 
‘‘(f) The online searchable database described in sub-
section (f) may not reveal any information the disclosure 
of which is prohibited by law or court order. 
‘‘(g) The head of each agency shall provide to the 
Chairman of the Administrative Conference of the United 
States all information requested by the Chairman to com-
ply with the requirements of subsections (e) and (f) not 
later than 60 days after the date on which the request 
is made.’’. 
(b) COURT CASES.—Section 2412(d) of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(5) The Chairman of the Administrative Conference 
shall create and maintain online a searchable database 
containing the following information with respect to each 
award of fees and other expenses under this section: 
‘‘(A) The case name and number. 
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‘‘(B) The name of the agency involved in the 
case. 
‘‘(C) The name of each party to whom the 
award was made, as such party is identified in the 
order or other court document making the award. 
‘‘(D) A description of the claims in the case. 
‘‘(E) The amount of the award. 
‘‘(F) The basis for the finding that the position 
of the agency concerned was not substantially justi-
fied. 
‘‘(6) The online searchable database described in 
paragraph (5) may not reveal any information the disclo-
sure of which is prohibited by law or court order. 
‘‘(7) The head of each agency (including the Attorney 
General of the United States) shall provide to the Chair-
man of the Administrative Conference of the United 
States all information requested by the Chairman to com-
ply with the requirements of paragraphs (5) and (6) not 
later than 60 days after the date on which the request 
is made.’’. 
(c) CLERICAL AMENDMENTS.—Section 2412 of title 
28, United States Code, is amended— 
(1) in subsection (d)(3), by striking ‘‘United 
States Code,’’; and 
(2) in subsection (e)— 
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