Open Book on Equal Access to Justice Act

Bill: 114-hr-3279
Sponsor: full_name: Rep. Collins, Doug [R-GA-9]
Introduced: 2015-07-29
Policy area: Law
Subjects: Civil actions and liability

Congressional oversight

Government information and archives

Government liability

Legal fees and court costs
Latest action: action_date: 2015-12-01
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2015-07-29
action_desc: Introduced in House
text: <p><b>Open Book on Equal Access to Justice Act</b></p> <p>Amends the Equal Access to Justice Act and the federal judicial code to require the Chairman of the Administrative Conference of the United States to report to Congress annually on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. Requires such reports to: (1) describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards; and (2) be made available to the public online.</p> <p>Directs the Chairman to create and maintain online a searchable database containing specified information with respect to each award, including the name of the agency involved, the name of each party to whom the award was made, the amount of the award, and the basis for finding that the position of the agency concerned was not substantially justified.</p> <p>Directs the head of each agency, including the Attorney General, to provide the Chairman all information requested to comply with such requirements.</p>

action_date: 2015-11-30
action_desc: Passed House amended
text: <p><b>Open Book on Equal Access to Justice Act</b></p> <p>(Sec. 2) This bill amends the Equal Access to Justice Act and the federal judicial code to require the Administrative Conference of the United States to report to Congress annually for a specified period on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. The reports must: (1) describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards; and (2) be made available to the public online.</p> <p>The Administrative Conference must create and maintain online searchable databases containing specified information with respect to each award, including the name of the agency involved, the name of each party to whom the award was made, the amount of the award, and the basis for finding that the position of the agency concerned was not substantially justified.</p> <p>Agencies, including the Department of Justice, must provide the Administrative Conference all information requested to comply with such requirements.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 3279 IN THE HOUSE OF REPRESENTATIVES July 29, 2015 Mr. Collins of Georgia (for himself, Mr. Cohen , Mrs. Lummis , Mr. Schrader , Mr. Gosar , and Mr. Peterson ) introduced the following bill; which was referred to the Committee 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.

1. Short title This Act may be cited as the Open Book on Equal Access to Justice Act . 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 (i); and (3) by striking subsection (e) and inserting the following: (e) (1) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, 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 pursuant 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 settlement agreement is sealed or otherwise subject to nondisclosure provisions. (B) The disclosure of fees and other expenses required 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 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. (g) The online searchable database described in subsection (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 Conference 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 report 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 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 settlement agreement is sealed or otherwise subject to nondisclosure provisions. (ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement 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. (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. (7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or court order. (8) 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 in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (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 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) Initial reports The first reports required 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 practicable 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.

tv_txt: I 114th CONGRESS 1st Session H. R. 3279 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the Open Book on Equal Access to Justice Act . 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 (i); and (3) by striking subsection (e) and inserting the following: (e) (1) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, 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 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 settlement agreement is sealed or otherwise subject to nondisclosure provisions. (B) The disclosure of fees and other expenses required 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 submitted and ending 1 year after the date on which the final report under that subsection is submitted, 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. (g) The online searchable database described in subsection (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 Conference 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 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 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. (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 settlement agreement is sealed or otherwise subject to nondisclosure provisions. (ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement 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, during the period beginning on the date the initial report under paragraph (5) is submitted and ending 1 year after the date on which the final report under that paragraph is submitted, 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. (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. (7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or court order. (8) 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 in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (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 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) Initial reports The first reports required 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 practicable 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. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 270 114th CONGRESS 1st Session H. R. 3279 [Report No. 114–351] IN THE HOUSE OF REPRESENTATIVES July 29, 2015 Mr. Collins of Georgia (for himself, Mr. Cohen , Mrs. Lummis , Mr. Schrader , Mr. Gosar , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on the Judiciary November 30, 2015 Additional sponsors: Mr. Poe of Texas and Mr. Trott November 30, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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.

1. Short title This Act may be cited as the Open Book on Equal Access to Justice Act . 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 (i); and (3) by striking subsection (e) and inserting the following: (e) (1) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, 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 pursuant 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 settlement agreement is sealed or otherwise subject to nondisclosure provisions. (B) The disclosure of fees and other expenses required 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 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. (g) The online searchable database described in subsection (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 Conference 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 report 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 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 settlement agreement is sealed or otherwise subject to nondisclosure provisions. (ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement 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. (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. (7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or court order. (8) 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 in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (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 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) Initial reports The first reports required 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 practicable 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.

November 30, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: 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.

1. Short title This Act may be cited as the Open Book on Equal Access to Justice Act . 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 (i); and (3) by striking subsection (e) and inserting the following: (e) (1) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, 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 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 settlement agreement is sealed or otherwise subject to nondisclosure provisions. (B) The disclosure of fees and other expenses required 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 submitted and ending 1 year after the date on which the final report under that subsection is submitted, 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. (g) The online searchable database described in subsection (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 Conference 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 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 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. (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 settlement agreement is sealed or otherwise subject to nondisclosure provisions. (ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement 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, during the period beginning on the date the initial report under paragraph (5) is submitted and ending 1 year after the date on which the final report under that paragraph is submitted, 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. (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. (7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or court order. (8) 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 in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (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 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) Initial reports The first reports required 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 practicable 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. Karen L. Haas, Clerk