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 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); 
(3) by striking subsection (e); and 
(4) by inserting after subsection (d) the fol-
lowing: 
‘‘(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 (e) 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, no later than 60 days following the Chairman’s 
request, all information requested by the Chairman to 
comply with the requirements of subsections (e) and (f).’’. 
(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. 
‘‘(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, 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, no later than 60 days following the Chairman’s 
request, all information requested by the Chairman to 
comply with the requirements of paragraphs (5) and (6).’’. 
(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) ONLINE DATABASES.—The online databases 
required by section 504(e) of title 5, United States 
Code, and section 2412(d)(5) 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 1 year after the date of 
the enactment of this Act. 
Passed the House of Representatives February 27, 
2017. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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