,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bggj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ca1     
#bjad,mr4 ,walsh introduced the         
following bill2 which was read twice and
 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 ,not later than    
,march #ca of the first calendar year   
beginning after the date of enactment of
 the ,open ,book on ,equal ,access to   
,justice ,act1 and every year           
thereafter1 the ,chairman of the        
,administrative ,conference of the      
,united ,states1 after consultation with
 the ,chief ,counsel for ,advocacy of   
the ,small ,business ,administration1   
shall submit to ,congress and make      
publicly available on an ,internet ,web 
site a report on the amount of fees and 
other expenses awarded during the       
preceding fiscal year under this        
section4  7#b7 ,each report under       
paragraph 7#a7 shall describe the       
number1 nature1 and amount of the       
awards1 the claims involved in the      
controversy1 and any other relevant     
information that may aid ,congress in   
evaluating the scope and impact of such 
awards4  7#c7 7,a7 ,each report under   
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 shall  
not affect any other information that is
 subject to a nondisclosure provision in
 a settlement agreement4  7f7 ,as soon  
as practicable1 and in any event not    
later than the date on which the first  
report under subsection 7e77#a7 is      
required to be submitted1 the ,chairman 
of the ,administrative ,conference of   
the ,united ,states shall create and    
maintain a searchable database on an    
,internet ,web site containing the      
following information with respect to   
each award of fees and other expenses   
under this section made on or after the 
date of enactment of the ,open ,book on 
,equal ,access to ,justice ,act3 7#a7   
,the case name and number of the        

adversary adjudication1 if available1   
hyperlinked to the case 7if available7  
in any case in which the party other    
than the agency is not an individual4   
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 ,for an   
award made to an individual1 a statement
 indicating that the award was made to  
an individual that shall not include any
 personally identifiable information4   
7#e7 ,for an award made to a party other
 than an individual1 the name of the    
party4  7#f7 ,the amount of the award4  
7#g7 ,the basis for the finding that the
 position of the agency concerned was   
not substantially justified4  7g7 ,the  
searchable database described in        
subsection 7f7 may not reveal any       
information the disclosure of which is  
prohibited by law or a court order4  7h7
 ,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 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 ,not later    
than ,march #ca of the first calendar   
year beginning after the date of        
enactment of the ,open ,book on ,equal  
,access to ,justice ,act1 and every year
 thereafter1 the ,chairman of the       
,administrative ,conference of the      
,united ,states1 after consultation with
 the ,chief ,counsel for ,advocacy of   
the ,small ,business ,administration1   
shall submit to ,congress and make      
publicly available on an ,internet ,web 
site a report on the amount of fees and 
other expenses awarded during the       
preceding fiscal year pursuant to this  
subsection4  7,b7 ,each report under    
subparagraph 7,a7 shall describe the    
number1 nature1 and amount of the       
awards1 the claims involved in the      

controversy1 and any other relevant     
information that may aid ,congress in   
evaluating the scope and impact of such 
awards4  7,c7 7i7 ,each report under    
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 shall not     
affect any other information that is    
subject to a nondisclosure provisions in
 a settlement agreement4  7,d7 ,as soon 
as practicable1 and in any event not    
later than the date on which the first  
report under subsection 7e77#a7 is      
required to be submitted1 the ,chairman 
of the ,administrative ,conference of   
the ,united ,states shall include and   
clearly identify in each 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 under 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 of the      
,united ,states shall create and        
maintain a searchable database on an    
,internet ,web site 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 case
 7if available7 in any case in which the
 party other than the agency is not an  
individual4  7,b7 ,the name of the      
agency involved in the case4  7,c7 ,for 
an award made to an individual1 a       
statement indicating that the award was 
made to an individual that shall not    
include any personally identifiable     
information4  7,d7 ,for an award made to
 a party other than an individual1 the  

name of the party4  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 searchable        
database described in paragraph 7#f7 may
 not reveal any information the         
disclosure of which is prohibited by law
 or a court order4  7#h7 ,the head of   
each agency1 including the ,attorney    
,general and the ,director of the       
,administrative ,office of the ,united  
,states ,courts1 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#g74  4  7c7 ,technical 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 title4