IIB 
114TH CONGRESS 
1ST SESSION H. R. 3279 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 1, 2015 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
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, 
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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 (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 through the sixth calendar year 
beginning after the initial report under this subsection is 
submitted, on the amount of fees and other expenses 
awarded during the preceding fiscal year pursuant to this 
section. The report shall describe the number, nature, and 
amount of the awards, the claims involved in the con-
troversy, and any other relevant information that may aid 
the Congress in evaluating the scope and impact of such 
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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-
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, during the period beginning on 
the date the initial report under subsection (e) is sub-
mitted and ending 1 year after the date on which the final 
report under that subsection is submitted, online a search-
able 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. 
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‘‘(3) A description of the claims in the adver-
sary adjudication. 
‘‘(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. 
‘‘(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 through the sixth 
calendar year beginning after the initial report under this 
paragraph is submitted, a report on the amount of fees 
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and other expenses awarded during the preceding fiscal 
year pursuant to this subsection. The report shall describe 
the number, nature, and amount of the awards, the claims 
involved in each controversy, and any other relevant infor-
mation that may aid the Congress in evaluating the scope 
and impact of such awards. The report 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-
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 
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‘‘(iii) the statute under which the plaintiff filed 
suit. 
‘‘(6) The Chairman of the Administrative Conference 
shall create and maintain, during the period beginning on 
the date the initial report under paragraph (5) is sub-
mitted and ending 1 year after the date on which the final 
report under that paragraph is submitted, online a search-
able database containing the following information with 
respect to each award of fees and other expenses under 
this subsection: 
‘‘(A) The case name and number. 
‘‘(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. 
‘‘(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. 
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‘‘(8) 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 in a timely manner all information requested by 
the Chairman to comply with the requirements of para-
graphs (5), (6), and (7).’’. 
(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 
(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 
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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. 
Passed the House of Representatives November 30, 
2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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