Judiciary

H.R.1033 – Open Book on Equal Access to Justice Act

Short Titles as Passed House:

Open Book on Equal Access to Justice Act

Short Titles as Introduced:

Open Book on Equal Access to Justice Act

Official Title as Introduced:

To amend titles 5 and 28, United States Code, to require 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.

Passed House without amendment (02/27/2017)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Open Book on Equal Access to Justice Act

(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 create and maintain online searchable databases with information about the attorney’s fees and other expenses awarded to prevailing parties other than the United States in certain: (1) agency-conducted adversary adjudication proceedings, and (2) civil action court cases (excluding tort cases) or settlement agreements to which the United States is a party.

With respect to each award, the information must include: (1) the name of the agency involved, (2) the name of each party to whom the award was made, (3) a description of the claims, (4) the amount of the award, and (5) the basis for finding that the position of the agency concerned was not substantially justified. Under current law, the awards are made unless the position of the agency was substantially justified or special circumstances make an award unjust.

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