I 
113TH CONGRESS 
1ST SESSION H. R. 2919 
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 pro-
ceedings 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 Com-
mittee on the Judiciary 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Open Book on Equal 
Access to Justice Act’’. 
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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 (i); and 
(3) by striking subsection (e) and inserting the 
following: 
‘‘(e)(1) The Chairman of the Administrative Con-
ference of the United States, after consultation with the 
Chief Counsel for Advocacy of the Small Business Admin-
istration, shall report to the Congress, not later than 
March 31 of each year, on the amount of fees and other 
expenses awarded during the preceding fiscal year pursu-
ant to this section. The report shall describe the number, 
nature, and amount of the awards, the claims involved in 
the controversy, and any other relevant information that 
may aid the Congress in evaluating the scope and impact 
of such awards. The report shall be made available to the 
public online. 
‘‘(2)(A) The report required by paragraph (1) shall 
account for all payments of fees and other expenses 
awarded under this section that are made pursuant to a 
settlement agreement, regardless of whether the settle-
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ment agreement is sealed or otherwise subject to non-
disclosure provisions. 
‘‘(B) The disclosure of fees and other expenses re-
quired under subparagraph (A) does not affect any other 
information that is subject to nondisclosure provisions in 
the settlement agreement. 
‘‘(f) 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: 
‘‘(1) The case name and number of the adver-
sary adjudication, if available, hyperlinked to the 
case, if available. 
‘‘(2) The name of the agency involved in the 
adversary adjudication. 
‘‘(3) A description of the claims in the adver-
sary adjudication. 
‘‘(4) The name of each party to whom the 
award was made. 
‘‘(5) The amount of the award. 
‘‘(6) The basis for the finding that the position 
of the agency concerned was not substantially justi-
fied. 
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‘‘(g) 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. 
‘‘(h) The head of each agency shall provide to the 
Chairman of the Administrative Conference in a timely 
manner all information requested by the Chairman to 
comply with the requirements of subsections (e), (f), and 
(g).’’. 
(b) COURT CASES.—Section 2412(d) of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(5)(A) The Chairman of the Administrative Con-
ference of the United States shall submit to the Congress, 
not later than March 31 of each year, a report on the 
amount of fees and other expenses awarded during the 
preceding fiscal year pursuant to this subsection. The re-
port shall describe the number, nature, and amount of the 
awards, the claims involved in each controversy, and any 
other relevant information that may aid the Congress in 
evaluating the scope and impact of such awards. The re-
port shall be made available to the public online. 
‘‘(B)(i) The report required by subparagraph (A) 
shall account for all payments of fees and other expenses 
awarded under this subsection that are made pursuant to 
a settlement agreement, regardless of whether the settle-
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ment agreement is sealed or otherwise subject to non-
disclosure provisions. 
‘‘(ii) The disclosure of fees and other expenses re-
quired under clause (i) does not affect any other informa-
tion that is subject to nondisclosure provisions in the set-
tlement agreement. 
‘‘(C) The Chairman of the Administrative Conference 
shall include and clearly identify in the annual report 
under subparagraph (A), for each case in which an award 
of fees and other expenses is included in the report— 
‘‘(i) any amounts paid from section 1304 of 
title 31 for a judgment in the case; 
‘‘(ii) the amount of the award of fees and other 
expenses; and 
‘‘(iii) the statute under which the plaintiff filed 
suit. 
‘‘(6) 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 subsection: 
‘‘(A) The case name and number, hyperlinked 
to the case, if available. 
‘‘(B) The name of the agency involved in the 
case. 
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‘‘(C) The name of each party to whom the 
award was made. 
‘‘(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. 
‘‘(7) The online searchable database described in 
paragraph (6) may not reveal any information the disclo-
sure of which is prohibited by law or court order. 
‘‘(8) The head of each agency shall provide to the 
Chairman of the Administrative Conference of the United 
States in a timely manner all information requested by 
the Chairman to comply with the requirements of para-
graphs (5), (6), and (7), including the Attorney General 
of the United States and the Director of the Administra-
tive Office of the United States Courts.’’. 
(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)— 
(A) by striking ‘‘of section 2412 of title 
28, United States Code,’’ and inserting ‘‘of this 
section’’; and 
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(B) by striking ‘‘of such title’’ and insert-
ing ‘‘of this title’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
subsections (a) and (b) shall first apply with respect 
to awards of fees and other expenses that are made 
on or after the date of the enactment of this Act. 
(2) INITIAL
REPORTS.—The first reports re-
quired by section 504(e) of title 5, United States 
Code, and section 2412(d)(5) of title 28, United 
States Code, shall be submitted not later than 
March 31 of the calendar year following the first 
calendar year in which a fiscal year begins after the 
date of the enactment of this Act. 
(3) ONLINE DATABASES.—The online databases 
required by section 504(f) of title 5, United States 
Code, and section 2412(d)(6) of title 28, United 
States Code, shall be established as soon as prac-
ticable after the date of the enactment of this Act, 
but in no case later than the date on which the first 
reports under section 504(e) of title 5, United States 
Code, and section 2412(d)(5) of title 28, United 
States Code, are required to be submitted under 
paragraph (2) of this subsection. 
Æ 
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