[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 384 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 384

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2015

Mrs. Lummis (for herself and Mr. Cohen) 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.

    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 (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, 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 adversary 
        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 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, hyperlinked to the case, if 
        available.
            ``(B) The name of the agency involved in the case.
            ``(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 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.
                                 <all>