An amendment numbered 23 printed in Part B of House Report 112-616 to add a new Title to the bill requiring the tracking and reporting of all payments issued pursuant to the Equal Access to Justice Act (EAJA). Would establish a publicly available, online searchable database to access information regarding EAJA payments and the parties involved in the adjudicatory action leading to an EAJA payment.

1. Adds TITLE VIII--TRACKING THE COST TO TAXPAYERS OF FEDERAL LITIGATION after title VII

   Adds a title

   Inserted: TITLE VIII--TRACKING THE COST TO TAXPAYERS OF FEDERAL LITIGATION

   Inserted: SEC. 801. SHORT TITLE.

   Inserted: This title may be cited as the "Tracking the Cost to Taxpayers of Federal Litigation Act".

   Inserted: SEC. 802. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.

   Inserted: (a) Agency Proceedings.--Section 504 of title 5, United States Code, is amended--

   Inserted: (1) in subsection (c)(1), by striking ", United States Code"; and

   Inserted: (2) by striking subsections (e) and (f) and inserting the following:

   Inserted: "(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 annually to the Congress 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. Each agency shall provide the Chairman in a timely manner all information necessary for the Chairman to comply with the requirements of this subsection. The report shall be made available to the public online.

   Inserted: "(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, except that any version of the report made available to the public may not reveal any information the disclosure of which is contrary to the national security of the United States.

   Inserted: "(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.

   Inserted: "(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:

   Inserted: "(1) The name of each party to whom the award was made.

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   Inserted: "(2) The name of each counsel of record representing each party to whom the award was made.

   Inserted: "(3) The agency to which the application for the award was made.

   Inserted: "(4) The name of each counsel of record representing the agency to which the application for the award was made.

   Inserted: "(5) The name of each administrative law judge, and the name of any other agency employee serving in an adjudicative role, in the adversary adjudication that is the subject of the application for the award.

   Inserted: "(6) The amount of the award.

   Inserted: "(7) The names and hourly rates of each expert witness for whose services the award was made under the application.

   Inserted: "(8) The basis for the finding that the position of the agency concerned was not substantially justified.

   Inserted: "(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, or the disclosure of which is contrary to the national security of the United States.".

   Inserted: (b) Court Cases.--Section 2412(d) of title 28, United States Code, is amended by adding at the end the following:

   Inserted: "(5)(A) The Chairman of the Administrative Conference of the United States shall report annually to the Congress 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 which may aid the Congress in evaluating the scope and impact of such awards. Each agency shall provide the Chairman with such information as is necessary for the Chairman to comply with the requirements of this paragraph. The report shall be made available to the public online.

   Inserted: "(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, except that any version of the report made available to the public may not reveal any information the disclosure of which is contrary to the national security of the United States.

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(i) any amounts paid from section 1304 of title 31 for a judgment in the case;

   Inserted: "(ii) the amount of the award of fees and other expenses; and

   Inserted: "(iii) the statute under which the plaintiff filed suit.

   Inserted: "(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:

   Inserted: "(A) The name of each party to whom the award was made.

   Inserted: "(B) The name of each counsel of record representing each party to whom the award was made.

   Inserted: "(C) The agency involved in the case.

   Inserted: "(D) The name of each counsel of record representing the agency involved in the case.

   Inserted: "(E) The name of each judge in the case, and the court in which the case was heard.

   Inserted: "(F) The amount of the award.

   Inserted: "(G) The names and hourly rates of each expert witness for whose services the award was made.

   Inserted: "(H) The basis for the finding that the position of the agency concerned was not substantially justified.

   Inserted: "(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, or the disclosure of which is contrary to the national security of the United States.

   Inserted: "(8) 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 necessary for the Chairman to carry out the Chairman's responsibilities under this subsection.".

   Inserted: (c) Clerical Amendment.--Section 2412(e) of title 28, United States Code, is amended by striking "of section 2412 of title 28, United States Code," and inserting "of this section".

   Original wording

   Add after title VII the following new title (and conform the table of contents accordingly):

Read automatically from the Congressional Record. Check the original before relying on it.

As printed