[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3279 Referred in Senate (RFS)]
<DOC>
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 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 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.
Attest:
KAREN L. HAAS,
Clerk.