Sec. 103. Federal action transparency

1,139 words·~5 min read·/bill/114/s/556/rs/section-103

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Section 504 of title 5, United States Code, is amended— in subsection (c)(1), by striking , United States Code ; by redesignating subsection

(f)as subsection (i); and by striking subsection

(e)and inserting the following: Not later than March 31 of the first fiscal year beginning after the date of enactment of the Bipartisan Sportsmen's Act of 2015 , and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year under this section. Each report under paragraph

(1)shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. Each report under 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 a nondisclosure provision. The disclosure of fees and other expenses required under subparagraph

(A)shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement. As soon as practicable, and in any event not later than the date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this section made on or after the date of enactment of the Bipartisan Sportsmen's Act of 2015 , the following information: The case name and number of the adversary adjudication, if available, hyperlinked to the case, if available. The name of the agency involved in the adversary adjudication. A description of the claims in the adversary adjudication. The name of each party to whom the award was made. The amount of the award. The basis for the finding that the position of the agency concerned was not substantially justified. The online searchable database described in subsection

(f)may not reveal any information the disclosure of which is prohibited by law or a court order. 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 (e), (f), and (g). . Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: Not later than March 31 of the first fiscal year beginning after the date of enactment of the Bipartisan Sportsmen's Act of 2015 , and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. Each report under subparagraph

(A)shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. Each report under 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 a nondisclosure provision. The disclosure of fees and other expenses required under clause

(i)shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement. The Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report— any amounts paid under section 1304 of title 31 for a judgment in the case; the amount of the award of fees and other expenses; and the statute under which the plaintiff filed suit. As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the Bipartisan Sportsmen's Act of 2015 , the following information: The case name and number, hyperlinked to the case, if available. The name of the agency involved in the case. The name of each party to whom the award was made. A description of the claims in the case. The amount of the award. The basis for the finding that the position of the agency concerned was not substantially justified. The online searchable database described in paragraph

(6)may not reveal any information the disclosure of which is prohibited by law or a court order. 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). . Section 2412 of title 28, United States Code, is amended— in subsection (d)(3), by striking United States Code, ; and in subsection (e)— by striking of section 2412 of title 28, United States Code, and inserting of this section ; and by striking of such title and inserting of this title . Section 1304 of title 31, United States Code, is amended by adding at the end the following: Beginning not later than the date that is 60 days after the date of enactment of the Bipartisan Sportsmen's Act of 2015 , and unless the disclosure of such information is otherwise prohibited by law or a court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered, the following information with regard to that payment: The name of the specific agency or entity whose actions gave rise to the claim or judgment. The name of the plaintiff or claimant. The name of counsel for the plaintiff or claimant. The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest. A brief description of the facts that gave rise to the claim. The name of the agency that submitted the claim. .