Title: Open Book on Equal Access to Justice Act
Policy area: Law

Summary:
Open Book on Equal Access to Justice Act
This bill amends the Equal Access to Justice Act and the federal judicial code to require the Administrative Conference of the United States to create and maintain online searchable databases with information about the attorney's fees and other expenses awarded to prevailing parties other than the United States in certain: (1) agency-conducted adversary adjudication proceedings, and (2) civil action court cases (excluding tort cases) or settlement agreements to which the United States is a party.
With respect to each award, the information must include: (1) the name of the agency involved, (2) the name of each party to whom the award was made, (3) a description of the claims, (4) the amount of the award, and (5) the basis for finding that the position of the agency concerned was not substantially justified. Under current law, the awards are made unless the position of the agency was substantially justified or special circumstances make an award unjust.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 378

     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

                           February 14, 2017

Mr. Barrasso (for himself, Mr. Grassley, Mr. Flake, Mr. Risch, and Mr. 
Enzi) 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.

    Be it enacted by the Senate and House of Representatives 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''.

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 subsection (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 adversary 
        adjudication, if available.
            ``(2) The name of the agency involved in the adversary 
        adjudication.
            ``(3) A description of the claims in the adversary 
        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 justified.
    ``(f) The online searchable database described in subsection (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 comply 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.
            ``(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 justified.
    ``(6) The online searchable database described in paragraph (5) may 
not reveal any information the disclosure 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 Chairman of the Administrative 
Conference of the United States all information requested by the 
Chairman to comply 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)--
                    (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 inserting 
                ``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 practicable after the date of the 
        enactment of this Act, but in no case later than 1 year after 
        the date of enactment of this Act.
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