,i #aacth ,,congress #ast ,session ,h4 ,r4 #biai ,,in ,,the ,,house ,,of ,,representatives ,august #a1 #bjac ,mrs4 ,lummis 7for herself1 ,mr4 ,cohen1 ,mr4 ,garcia1 and ,mr4 ,collins of ,georgia7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend titles #e and #bh1 ,united ,states ,code1 to require annual reports to ,congress on1 and the maintenance of databases on1 awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the ,united ,states is a party1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,open ,book on ,equal ,access to ,justice ,act4 #b4 ,modification of equal access to justice provisions 7a7 ,agency proceedings ,section #ejd of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#a71 by striking 1 ,united ,states ,code2 7#b7 by redesignating subsection 7f7 as subsection 7i72 and 7#c7 by striking subsection 7e7 and inserting the following3 7e7 7#a7 ,the ,chairman of the ,administrative ,conference of the ,united ,states1 after consultation with the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 shall report to the ,congress1 not later than ,march #ca of each year1 on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section4 ,the report shall describe the number1 nature1 and amount of the awards1 the claims involved in the controversy1 and any other relevant information that may aid the ,congress in evaluating the scope and impact of such awards4 ,the report shall be made available to the public online4 7#b7 7,a7 ,the report required by paragraph 7#a7 shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement1 regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions4 7,b7 ,the disclosure of fees and other expenses required under subparagraph 7,a7 does not affect any other information that is subject to nondisclosure provisions in the settlement agreement4 7f7 ,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 section3 7#a7 ,the case name and number of the adversary adjudication1 if available1 hyperlinked to the case1 if available4 7#b7 ,the name of the agency involved in the adversary adjudication4 7#c7 ,a description of the claims in the adversary adjudication4 7#d7 ,the name of each party to whom the award was made4 7#e7 ,the amount of the award4 7#f7 ,the basis for the finding that the position of the agency concerned was not substantially justified4 7g7 ,the online searchable database described in subsection 7f7 may not reveal any information the disclosure of which is prohibited by law or court order4 7h7 ,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 7e71 7f71 and 7g74 4 7b7 ,court cases ,section #bdab7;d7 of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 7,a7 ,the ,chairman of the ,administrative ,conference of the ,united ,states shall submit to the ,congress1 not later than ,march #ca of each year1 a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection4 ,the report shall describe the number1 nature1 and amount of the awards1 the claims involved in each controversy1 and any other relevant information that may aid the ,congress in evaluating the scope and impact of such awards4 ,the report shall be made available to the public online4 7,b7 7i7 ,the report required by subparagraph 7,a7 shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement1 regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions4 7ii7 ,the disclosure of fees and other expenses required under clause 7i7 does not affect any other information that is subject to nondisclosure provisions in the settlement agreement4 7,c7 ,the ,chairman of the ,administrative ,conference shall include and clearly identify in the annual report under subparagraph 7,a71 for each case in which an award of fees and other expenses is included in the report-- 7i7 any amounts paid from section #acjd of title #ca for a judgment in the case2 7ii7 the amount of the award of fees and other expenses2 and 7iii7 the statute under which the plaintiff filed suit4 7#f7 ,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 subsection3 7,a7 ,the case name and number1 hyperlinked to the case1 if available4 7,b7 ,the name of the agency involved in the case4 7,c7 ,the name of each party to whom the award was made4 7,d7 ,a description of the claims in the case4 7,e7 ,the amount of the award4 7,f7 ,the basis for the finding that the position of the agency concerned was not substantially justified4 7#g7 ,the online searchable database described in paragraph 7#f7 may not reveal any information the disclosure of which is prohibited by law or court order4 7#h7 ,the head of each agency 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 7#e71 7#f71 and 7#g71 including the ,attorney ,general of the ,united ,states and the ,director of the ,administrative ,office of the ,united ,states ,courts4 4 7c7 ,clerical amendments ,section #bdab of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#c71 by striking ,united ,states ,code12 and 7#b7 in subsection 7e7-- 7,a7 by striking of section #bdab of title #bh1 ,united ,states ,code1 and inserting of this section2 and 7,b7 by striking of such title and inserting of this title4 7d7 ,effective date 7#a7 ,in general ,the amendments made by subsections 7a7 and 7b7 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 ,act4 7#b7 ,initial reports ,the first reports required by section #ejd7;e7 of title #e1 ,united ,states ,code1 and section #bdab7;d77#e7 of title #bh1 ,united ,states ,code1 shall be submitted not later than ,march #ca of the calendar year following the first calendar year in which a fiscal year begins after the date of the enactment of this ,act4 7#c7 ,online databases ,the online databases required by section #ejd7;f7 of title #e1 ,united ,states ,code1 and section #bdab7;d77#f7 of title #bh1 ,united ,states ,code1 shall be established as soon as practicable after the date of the enactment of this ,act1 but in no case later than the date on which the first reports under section #ejd7;e7 of title #e1 ,united ,states ,code1 and section #bdab7;d77#e7 of title #bh1 ,united ,states ,code1 are required to be submitted under paragraph 7#b7 of this subsection4