19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–616 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4078) TO PROVIDE 

THAT NO AGENCY MAY TAKE ANY SIGNIFICANT REGULATORY ACTION 

UNTIL THE UNEMPLOYMENT RATE IS EQUAL TO OR LESS THAN 6.0 PERCENT, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6082) TO 

OFFICIALLY REPLACE, WITHIN THE 60-DAY CONGRESSIONAL REVIEW 

PERIOD UNDER THE OUTER CONTINENTAL SHELF LANDS ACT, PRESIDENT OBAMA’S PROPOSED FINAL OUTER CONTINENTAL SHELF OIL & 

GAS LEASING PROGRAM (2012–2017) WITH A CONGRESSIONAL PLAN 

THAT WILL CONDUCT ADDITIONAL OIL AND NATURAL GAS LEASE 

SALES TO PROMOTE OFFSHORE ENERGY DEVELOPMENT, JOB CREATION, AND INCREASED DOMESTIC ENERGY PRODUCTION TO ENSURE 

A MORE SECURE ENERGY FUTURE IN THE UNITED STATES, AND FOR 

OTHER PURPOSES 

JULY 23, 2012.—Referred to the House Calendar and ordered to be printed 

Ms. FOXX, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 738] 

The Committee on Rules, having had under consideration House 

Resolution 738, by a record vote of 6 to 3, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 4078, the Regulatory Freeze for Jobs Act of 2012, under a structured rule. The 

resolution provides two hours of general debate equally divided 

among and controlled by the chair and ranking minority member 

of the Committee on the Judiciary and the chair and ranking minority member of the Committee on Oversight and Government Reform. The resolution waives all points of order against consideration of the bill. The resolution provides that the amendment in 

the nature of a substitute consisting of the text of Rules Committee 

Print 112–28, as modified by the amendment printed in Part A of 

this report, shall be considered as adopted. The bill, as amended, 

shall be considered as read. The resolution waives all points of 

order against provisions in the bill, as amended. The resolution 

makes in order only those further amendments to H.R. 4078 printed in Part B of this report. Each such amendment may be offered 

only in the order printed in this report, may be offered only by a 


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Member designated in this report, shall be considered as read, 

shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not 

be subject to amendment, and shall not be subject to a demand for 

division of the question in the House or in the Committee of the 

Whole. The resolution waives all points of order against the amendments printed in Part B of this report. The resolution provides one 

motion to recommit H.R. 4078 with or without instructions. 

The resolution further provides for consideration of H.R. 6082, 

the Congressional Replacement of President Obama’s Energy-Restricting and Job-Limiting Offshore Drilling Plan, under a structured rule. The resolution provides one hour of general debate 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Natural Resources. The resolution 

waives all points of order against consideration of the bill. The resolution makes in order as original text for the purpose of amendment the amendment in the nature of a substitute consisting of the 

text of Rules Committee Print 112–29 and provides that it shall be 

considered as read. The resolution waives all points of order 

against the amendment in the nature of a substitute made in order 

as original text. The resolution makes in order only those amendments to H.R. 6082 printed in Part C of this report. Each such 

amendment may be offered only in the order printed in this report, 

may be offered only by a Member designated in this report, shall 

be considered as read, shall be debatable for the time specified in 

this report equally divided and controlled by the proponent and an 

opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the 

Committee of the Whole. The resolution waives all points of order 

against the amendments printed in Part C of this report. Finally, 

the resolution provides one motion to recommit H.R. 6082 with or 

without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

4078 includes clause 3(c)(4) of rule XIII, which requires the inclusion of general performance goals and objectives in a committee report and section 306 of the Budget Act of 1974, which prohibits the 

consideration of a bill dealing with any matter within the jurisdiction of the Committee on the Budget unless it is a bill or resolution 

which has been reported by the Committee on the Budget. 

Although the resolution waives all points of order against provisions in H.R. 4078, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in Part B of this report, the Committee is not 

aware of any points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against consideration of H.R. 6082, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 6082 made in 

order as original text, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 


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Although the resolution waives all points of order against the 

amendments printed in Part C of this report, the Committee is not 

aware of any points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 332 

Motion by Ms. Slaughter to report opens rules for H.R. 4078 and 

H.R. 6082. Defeated: 3–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee record vote No. 333 

Motion by Ms. Slaughter to make in order and provide the appropriate waivers for amendment #71 to H.R. 4078, offered by Rep. 

Markey (MA), which would exempt regulatory actions that protect 

the privacy or security of protected health information from Title 

I and Title II of the bill. The amendment would also exempt regulations that protect individuals from discrimination based on their 

genetic history from Title I and Title II of the bill. Defeated: 3–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee record vote No. 334 

Motion by Ms. Slaughter to make in order and provide the appropriate waivers for amendment #1 to H.R. 6082, offered by Rep. 

Tonko (NY), which would prohibit the Secretary of the Interior 

from awarding a lease to a bidder on offshore oil and gas leases if 

the bidder does not disclose information about the campaign and 

SuperPac contributions the bidder made to influence an election for 

federal office during the 5–year period preceding the submission of 

the bid to the Secretary. Defeated: 3–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 


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Rules Committee record vote No. 335 

Motion by Mr. Hastings of Florida to make in order and provide 

the appropriate waivers for amendment #15 to H.R. 4078, offered 

by Rep. Hastings (FL), which would provide an exception to the underlying legislation, permitting agencies to make regulatory actions 

intended to protect senior citizens’ rights and benefits, including 

access to health care, food stamps, and other programs. Defeated: 

3–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee record vote No. 336 

Motion by Mr. Polis to make in order and provide the appropriate waivers for the following amendments to H.R. 4078: #18, offered by Rep. Cummings (MD), which would provide an exception 

for any regulatory action by the Department of Health and Human 

Services to carry out the Medicare program including any update 

to payment or reimbursement rates for providers of services or suppliers; amendment #29, offered by Rep. Frank (MA), which would 

create an exception from Titles I, II, IV, VI, and VII for rules by 

the financial regulators to address failed self-regulatory organizations, replace unreliable rates, such as LIBOR, or address misleading or inaccurate submissions intended to manipulate the 

rates, and a separate exception from title III would permit rules to 

facilitate settlement of claims related to LIBOR submissions; 

amendment #20 offered by Rep. Miller (CA), which would exempt 

from the definition of significant regulatory action a rule that 

would prevent coal miners from contracting pneumoconiosis (also 

known as black lung disease) or reduce the number of coal miners 

contracting that occupational disease; and amendment #34, offered 

by Rep. Waxman (CA), which would exempt EPA and NHTSA’s 

consensus rule to increase fuel efficiency and reduce carbon pollution from Model Year 2017–2025 light-duty cars and trucks and 

similar rules from the moratorium on regulatory action. Defeated: 

3–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Nugent ....................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee record vote No. 337 

Motion by Ms. Foxx to report the rule. Adopted: 6–3 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 


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Majority Members Vote Minority Members Vote 

Mr. Nugent ....................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Scott of South Carolina ............................. Yea 

Mr. Webster ...................................................... Yea 

Mr. Dreier, Chairman ....................................... Yea 

SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

Garrett (NJ): Would strike section 603 and add a Sense of Congress that the PCAOB, MSRB, and any national securities association registered under section 15A of the Securities Exchange Act of 

1934 should also conduct appropriate cost-benefit analysis on rules 

the entity issues. 

SUMMARY OF THE AMENDMENTS IN PART B MADE IN ORDER

1. Hastings, Alcee (FL): Would provide an exception to the underlying legislation, permitting agencies to make regulatory actions intended to ensure safe drinking water. (10 minutes) 

2. Conyers (MI): Would exempt regulatory actions pertaining to 

privacy from Title I of the bill and exempts midnight rules pertaining to privacy from Title II of the bill. The amendment would 

also exempt consent decrees and settlement agreements in an action to compel agency action pertaining to privacy from Title III of 

the bill. (10 minutes) 

3. Kucinich (OH): Would exempt from the provisions of the bill 

any significant regulatory action specifically aimed at limiting oil 

speculation. (10 minutes) 

4. Lipinski (IL): Would provide an exception for regulations 

which are intended to promote energy efficiency. (10 minutes) 

5. Markey, Edward (MA): Would allow regulations protecting the 

public from extreme weather, including drought, flooding and catastrophic wildfire, to go forward despite the prohibitions in the underlying bill. (10 minutes) 

6. Watt (NC): Would exempt regulatory actions by the U.S. Patent and Trademark Office that streamline the application process 

for patents and trademarks, including rules implementing the 

micro entity provision of the Leahy-Smith America Invents Act, 

from Title I of the bill and exempts midnight rules implementing 

such provisions from Title II of the bill. The amendment also would 

exempt consent decrees and settlement agreements in an action to 

compel agency action by the PTO to help streamline the application 

process for patents and trademarks from Title III of the bill. (10 

minutes) 

7. Loebsack (IA): Would allow actions that would lower prices for 

gasoline, diesel, oil, or other motor fuels. (10 minutes) 

8. Richardson (CA): Would ensure that the provisions of the Patient Protection and Affordable Care Act and the health provisions 

of the Health Care and Education Reconciliation Act of 2010 can 

be carried out. (10 minutes) 

9. Richardson (CA): Would allow regulations that protect consumers under the Fair Credit Reporting Act. (10 minutes) 

10. Connolly (VA): Would clarify the procedure for considering a 

request for a congressional waiver by the President. (10 minutes) 

11. Posey (FL): Would require that awarded attorney’s fees and 

costs for small businesses in Title I would be paid out of the adminVerDate Mar 15 2010 06:22 Jul 24, 2012 Jkt 019008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR616.XXX HR616

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istrative budget of the office in the agency that proposed the regulation. (10 minutes) 

12. Nadler (NY): Would exempt issues relating to nuclear power 

plants from the obstacles to establishing safety protections in the 

following titles of H.R. 4078: Title I (Regulatory Freeze for Jobs 

Act); Title III (Sunshine for Regulatory Decrees and Settlements 

Act); Title V (Responsibly and Professionally Invigorating Development (RAPID) Act). (10 minutes) 

13. McKinley (WV): Would reduce the term ‘‘significant regulatory action’’ from $100,000,000 or more to $50,000,000 or more in 

annual cost to the economy. This amendment would allow for more 

oversight on Federal Agency Regulations by lowering the dollar 

amount threshold. (10 minutes) 

14. Schweikert (AZ): Would define ‘‘annual cost to the economy’’ 

as being inclusive of business revenue, so that determination of the 

bill’s application shall be accurately applied. (10 minutes) 

15. Miller, George (CA): Would exempt from the definition of significant regulatory action a rule that would prevent or reduce 

deaths or injuries caused by explosions and fires related to the ignition of combustible dusts in the workplace. (10 minutes) 

16. Woolsey (CA): Would exempt from the definition of significant 

regulatory action a rule that would prevent or reduce the number 

of workers suffering electrocutions or other fatalities associated 

with working on high voltage transmission and distribution lines. 

(10 minutes) 

17. Johnson, Hank (GA): Would exempt from the provisions of 

the bill a consent decree or settlement agreement pertaining to the 

Affordable Care Act. (10 minutes) 

18. Waters (CA): Would authorize appropriations (1) to enable 

the SEC and CFTC to carry out the additional cost/benefit analysis 

requirements under the bill; (2) for costs of litigation incurred by 

the Commissions related to the requirements under the bill. (10 

minutes) 

19. Fitzpatrick (PA), Garrett (NJ): Would direct the Securities 

and Exchange Commission to take into account the large burden 

of section 404b of Sarbanes-Oxley on companies with a public float 

less than $250 million, compared to the benefit. (10 minutes) 

20. Posey (FL): Would keep the U.S. Securities and Exchange 

Commission (SEC) from enforcing or issuing interpretive guidance 

on climate change. (10 minutes) 

21. Maloney (NY): Would mandate that Title VI cannot take effect until the Chair of the SEC certifies that in conducting the cost 

benefit analysis no resources will be diverted away from the SEC’s 

mission to protect investors, maintain efficient markets and promote access to capital. (10 minutes) 

22. Manzullo (IL), McIntyre (NC): Would require each Federal 

agency to submit and obtain approval from the Director of the Office of Science and Technology Policy (OSTP) guidelines for ensuring and maximizing the quality, objectivity, utility, and integrity of 

scientific information relied upon by the agency. (10 minutes) 

23. Lummis (WY): Would 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 regardVerDate Mar 15 2010 06:22 Jul 24, 2012 Jkt 019008 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR616.XXX HR616

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ing EAJA payments and the parties involved in the adjudicatory 

action leading to an EAJA payment. (10 minutes) 

24. Lummis (WY): Would add a new Title to the bill that amends 

the Equal Access to Justice Act (EAJA) to require a consistent net 

worth limit, and a direct and personal interest in an adjudicatory 

action to be eligible for an EAJA payment. 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. (10 minutes) 

25. Posey (FL): Would make it clear that the definition of ‘‘significant regulatory action’’ would include new Treasury regulations 

regarding non-resident alien deposits. (10 minutes) 

SUMMARY OF THE AMENDMENTS IN PART C MADE IN ORDER

1. Hastings, Doc (WA): Manager’s Amendment. Would make 

technical corrections to the underlying bill. (10 minutes) 

2. Holt (NJ): Would strike the provision that requires the Secretary of the Interior to conduct a single multi-sale environmental 

impact statement for all of the new areas opened for drilling by the 

underlying bill. (10 minutes) 

3. Richardson (CA): Would add a new section which provides that 

in determining the areas off the coast of California to be made 

available for leasing under this Act, the Secretary of the Interior 

shall consult with the Governor and legislature of the State of California. (10 minutes) 

4. Markey, Edward (MA): Would prohibit gas produced under 

new leases authorized by this legislation from being exported to 

foreign countries. (10 minutes) 

5. Markey, Edward (MA): Would create a statutory requirement 

that new leases offered pursuant to this act include drilling safety 

improvements in response to the BP Deepwater Horizon disaster. 

(10 minutes) 

6. Holt (NJ): Would end free drilling in the Gulf of Mexico by requiring oil companies to pay in order to receive new leases on public lands. (10 minutes) 

7. Hastings, Alcee (FL): Would require each drilling permit application to include an estimate of how much the price of gasoline will 

decrease as a result of any oil or gas found under the permit. (10 

minutes) 

8. Hastings, Alcee (FL): Would require each drilling permit application to include an estimate of the impact on global change of the 

consumption of any oil or gas found under the permit. (10 minutes) 

PART A—TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Page 76, strike lines 1 through 14 and insert the following (and 

amend the table of contents accordingly): 

SEC. 603. SENSE OF CONGRESS RELATING TO OTHER REGULATORY 

ENTITIES. 

It is the sense of the Congress that other regulatory entities, including the Public Company Accounting Oversight Board, the Municipal Securities Rulemaking Board, and any national securities 

association registered under section 15A of the Securities Exchange 

Act of 1934 (15 U.S.C. 78o–3) should also follow the requirements 

of section 23(e) of such Act, as added by this title. 


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PART B—TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 18, strike ‘‘or (d)’’ and insert the following: ‘‘(d), or 

(e)’’. 

Page 5, insert after line 7 the following: 

(e) SIGNIFICANT REGULATORY ACTIONS ENSURING SAFE DRINKING

WATER.—The moratorium in section 102(a) shall not apply to any 

significant regulatory action that is intended to ensure that drinking water is safe to drink. 

Page 10, insert after line 13 the following and redesignate provisions accordingly: 

(c) SAFE DRINKING WATER EXCEPTION.—Section 202 shall not 

apply to a midnight rule that is intended to ensure that drinking 

water is safe to drink. 

Page 20, insert after line 12 the following: 

SEC. 305. EXCEPTION FOR SAFE DRINKING WATER. 

The provisions of this title do not apply to any consent decree or 

settlement agreement pertaining to a regulatory action that is intended to ensure that drinking water is safe to drink. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONYERS

JR. OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 18, strike ‘‘or (d)’’ and insert the following: ‘‘(d), or 

(e)’’. 

Page 5, insert after line 7 the following: 

(e) EXCEPTION FOR REGULATORY ACTIONS PERTAINING TO PRIVACY.—An agency may take a significant regulatory action if the 

significant regulatory action pertains to privacy. 

Page 10, insert after line 13 the following and redesignate provisions accordingly: 

(c) PRIVACY EXCEPTION.—Section 202 shall not apply to a midnight rule if the midnight rule pertains to privacy. 

Page 19, insert after line 25 the following: 

(d) EXCEPTION.—This section shall not apply in the case of any 

consent decree or settlement agreement in an action to compel 

agency action pertaining to privacy. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENATATIVE KUCINICH

OF OHIO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 18, strike ‘‘or (d)’’ and insert ‘‘(d), or (e)’’. 

Page 5, after line 7, insert the following new subsection: 

(e) EXCEPTION FOR LIMITING OIL SPECULATION.—The prohibition 

in section 102(a) shall not apply to any significant regulatory action 

specifically aimed at limiting oil speculation. 


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4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LIPINSKI

OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 18, strike ‘‘or (d)’’ and insert the following: ‘‘(d), or 

(e)’’. 

Page 5, insert after line 7 the following: 

(e) SIGNIFICANT REGULATORY ACTIONS PROMOTING ENERGY EFFICIENCY.—An agency may take any significant regulatory action 

that is intended to promote energy efficiency. 

Page 10, insert after line 13 the following and redesignate provisions accordingly: 

(c) PROMOTION OF ENERGY EFFICIENCY EXCEPTION.—Section 202 

shall not apply to a midnight rule that is intended to promote energy efficiency. 

Page 20, insert after line 12 the following: 

SEC. 305. EXCEPTION FOR PROMOTION OF ENERGY EFFICIENCY. 

The provisions of this title do not apply to any consent decree or 

settlement agreement pertaining to a regulatory action that is intended to promote energy efficiency. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 18, strike ‘‘or (d)’’ and insert ‘‘(d), or (e)’’. 

Page 5, after line 7, insert the following new subsection: 

(e) ADDITIONAL EXCEPTION.—An agency may take a significant 

regulatory action if such action would protect the public from extreme weather events, including drought, flooding, and catastrophic 

wildfire. 

Page 10, after line 4, insert the following new paragraph: 

(3) necessary to protect the public from extreme weather 

events, including drought, flooding, and catastrophic wildfire; 

Page 10, line 5, strike ‘‘(3)’’ and insert ‘‘(4)’’. 

Page 10, line 7, strike ‘‘(4)’’ and insert ‘‘(5)’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATT OF

NORTH CAROLINA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 18, strike ‘‘or (d)’’ and insert the following: ‘‘(d), or 

(e)’’. 

Page 5, insert after line 7 the following: 

(e) EXCEPTION FOR REGULATORY ACTIONS PERTAINING TO CERTAIN INTELLECTUAL PROPERTY RULES.—An agency may take a significant regulatory action if the significant regulatory action is a 

regulatory action by the United States Patent and Trademark Office that will help streamline the application processes for patents 

and trademarks, including rules implementing the micro entity 

provision of the Leahy-Smith America Invents Act. 

Page 10, insert after line 13 the following and redesignate provisions accordingly: 

(c) INTELLECTUAL PROPERTY EXCEPTION.—Section 202 shall not 

apply to a midnight rule if the midnight rule is a rule made by the 

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ing regulations implementing the micro entity provision of the 

Leahy-Smith America Invents Act. 

Page 19, insert after line 25 the following: 

(d) EXCEPTION.—This section shall not apply in the case of any 

consent decree or settlement agreement in an action to compel 

agency action by the United States Patent and Trademark Office 

that will help streamline the application processes for patents and 

trademarks, including regulations implementing the micro entity 

provision of the Leahy-Smith America Invents Act. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LOEBSACK

OF IOWA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 18, strike ‘‘or (d)’’ and insert ‘‘(d), or (e)’’. 

Page 5, after line 7, insert the following new subsection: 

(e) CONSUMER PROTECTION FROM HIGH FUELS PRICES EXCEP- TION.—An agency may take a significant regulatory action if such 

action would have the effect of lowering the price of oil or the 

wholesale or retail price of oil, gasoline, diesel, or other motor fuels. 

Page 10, after line 4, insert the following new paragraph: 

(3) likely to result in lower oil prices or lower wholesale or 

retail prices for oil, gasoline, diesel, or other motor fuels; 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RICHARDSON OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, after line 26, insert the following new paragraph: 

(3) necessary to properly implement the provisions of (and 

amendments made by) the Patient Protection and Affordable 

Care Act (Public Law 111-148) and the provisions of (and 

amendments made by) title I and subtitle B of title II of the 

Health Care and Education Reconciliation Act of 2010 (Public 

Law 111–152); 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RICHARDSON OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, after line 26, insert the following new paragraph (and redesignate succeeding paragraphs accordingly): 

(3) necessary to carry out the Fair Credit Reporting Act; 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONNOLLY OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 5, strike lines 4 through 7 and insert the following: 

(3) CONGRESSIONAL ACTION.—With respect to any submission 

by the President under this subsection— 

(A) Congress shall give expeditious consideration to the 

submission by taking appropriate action not later than the 

end of a 7-day period beginning on the date on which the 

submission is received; and 


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(B) in the case that Congress fails to act upon the submission during such period, section 102(a) shall not apply. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POSEY OF

FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, line 14, insert after the period the following: ‘‘Such award 

shall be paid out of the administrative budget of the office in the 

agency that took the challenged agency action.’’. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NADLER

OF NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 2, insert after ‘‘guidance’’ the following: ‘‘(other than 

a rule or guidance regarding the safety of a civilian nuclear power 

plant)’’. 

Page 19, after line 25, insert the following new subsection: 

(d) EXCEPTION.—The provisions of this title shall not apply in the 

case of a consent decree or settlement agreement pertaining to a 

civilian nuclear power plant. 

Page 65, line 17, strike ‘‘section (p)’’ and insert ‘‘sections (p) and 

(q)’’. 

Page 66, after line 5, insert the following: 

‘‘(q) EXCEPTION FOR CERTAIN PROJECTS.—This subchapter does 

not apply in the case of any project that pertains to the safety of 

a civilian nuclear power plant.’’. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKIN- LEY OF WEST VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 8, line 5, strike ‘‘$100,000,000’’ and insert ‘‘$50,000,000’’. 

Page 8, line 25, strike ‘‘$100,000,000’’ and insert ‘‘$50,000,000’’. 

Page 27, line 18, strike ‘‘$100,000,000’’ and insert ‘‘$50,000,000’’. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

SCHWEIKERT OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 8, line 10, insert after the period the following: ‘‘In determining the annual cost to the economy under this paragraph, the 

Administrator shall take into account any expected change in revenue of businesses that will be caused by such regulatory action, 

as well as any change in revenue of businesses that has already 

taken place as businesses prepare for the implementation of the 

regulatory action.’’. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MILLER

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 10, insert after the period the following: ‘‘Such term 

does not include a rule that would prevent or reduce deaths or injuries caused by explosions and fires related to the ignition of combustible dusts in the workplace.’’. 


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Page 10, after line 13, insert the following: 

(c) ADDITIONAL EXCEPTION.—Section 202 shall not apply to a rule 

that would prevent or reduce deaths or injuries caused by explosions and fires related to the ignition of combustible dusts in the 

workplace. 

Page 10, line 14, strike ‘‘(c)’’ and insert ‘‘(d)’’. 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WOOLSEY

OF CALIFORNIA HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 10, insert after the period the following: ‘‘Such term 

does not include a rule that would prevent or reduce the number 

of workers suffering electrocutions or other fatalities associated 

with working on high voltage transmission and distribution lines.’’. 

Page 10, after line 13, insert the following: 

(c) ADDITIONAL EXCEPTION.—Section 202 shall not apply to a rule 

that would prevent or reduce the number of workers suffering electrocutions or other fatalities associated with working on high voltage transmission and distribution lines. 

Page 10, line 14, strike ‘‘(c)’’ and insert ‘‘(d)’’. 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 12, line 13, strike ‘‘The provisions’’ and insert ‘‘Except as 

provided in subsection (d), the provisions’’. 

Page 19, insert after line 25 the following: 

(d) EXCEPTION.—The provisions of this title shall not apply in the 

case of consent decree or settlement agreement pertaining to the 

Patient Protection and Affordable Care Act. 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WATERS

OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 67, line 24, strike ‘‘shall—’’ and insert ‘‘shall, subject to appropriations made specifically for such purpose pursuant to paragraph (7)—’’. 

Page 69, line 3, insert ‘‘, subject to appropriations made specifically for such purpose pursuant to paragraph (7),’’ after ‘‘shall’’. 

Page 71, line 7, insert ‘‘, subject to appropriations made specifically for such purpose pursuant to paragraph (7),’’ after ‘‘shall’’. 

Page 75, line 22, strike the close quotation mark and following 

period and after such line insert the following: 

‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection such sums as may be 

necessary for fiscal year 2013. 

‘‘(B) COVERED EXPENSES.—Funds appropriated pursuant 

to this paragraph shall be for any costs incurred by the 

Commission in carrying out the requirements of this subsection, including any costs of litigation related to the requirements of this subsection.’’. 

Page 77, line 4, strike ‘‘shall’’ and insert ‘‘shall, subject to appropriations made specifically for such purpose pursuant to paragraph 

(3),’’. 


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Page 77, line 15, insert ‘‘, subject to appropriations made specifically for such purpose pursuant to paragraph (3),’’ after ‘‘shall’’. 

Page 78, line 22, strike the close quotation mark and following 

period and after such line insert the following: 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—There is authorized to be appropriated to carry out this subsection such sums as may be 

necessary for fiscal year 2013. 

‘‘(B) COVERED EXPENSES.—Funds appropriated pursuant 

to this paragraph shall be for any costs incurred by the 

Commission in carrying out the requirements of this subsection, including any costs of litigation related to the requirements of this subsection.’’. 

19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

FITZPATRICK OF PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE

FOR 10 MINUTES

Page 71, line 12, add at the end the following: ‘‘In reviewing any 

regulation (including, notwithstanding paragraph (6), a regulation 

issued in accordance with formal rulemaking provisions) that subjects issuers with a public float of $250,000,000 or less to the attestation and reporting requirements of section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), the Commission shall 

specifically take into account the large burden of such regulation 

when compared to the benefit of such regulation.’’. 

20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POSEY OF

FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of title VI the following (and conform the table 

of contents accordingly): 

SEC. 604. INTERPRETIVE GUIDANCE NULL AND VOID. 

Notwithstanding any other provision of law, no interpretive guidance issued by the Securities and Exchange Commission on or after 

the effective date of this Act relating to ‘‘Commission Guidance Regarding Disclosure Related to Climate Change’’, affecting parts 211, 

231, and 249 of title 17, Code of Federal Regulations (as described 

in Commission Release Nos. 33–9106; 34–61469; FR–82), or any 

successor thereto, may take effect, and such guidance shall have no 

force or effect with respect to any person on or after February 2, 

2010. 

SEC. 605. OTHER SEC ACTION PROHIBITED. 

(a) FURTHER GUIDANCE RELATED TO CLIMATE CHANGE.—The 

Commission may not issue any interpretive guidance with respect 

to disclosures related to climate change on or after the effective 

date of this Act. 

(b) VOLUNTARY SUBMISSIONS.—The Commission may not issue 

any interpretive guidance that would establish any requirements 

with respect to the content of or format for any disclosures related 

to climate change voluntarily submitted by any entity to the Commission on or after the effective date of this Act. 

(c) CIVIL AND ADMINISTRATIVE ACTIONS.—No civil or administrative action or proceeding pertaining to disclosures related to cliVerDate Mar 15 2010 06:22 Jul 24, 2012 Jkt 019008 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR616.XXX HR616

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mate change may be initiated by the Commission on or after the 

date of the enactment of this Act and any such actions or proceedings pending on such date shall be terminated. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as to— 

(1) prohibit the Commission from issuing interpretive guidance with respect to disclosures related to non-anthropogenic 

or natural climate variability observed over comparable time 

periods; or 

(2) terminate an administrative action or proceeding pertaining to such disclosures. 

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MALONEY

OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 76, after line 14, insert the following new section (and conform the table of contents accordingly): 

SEC. 604. EFFECTIVE DATE. 

This title, and the amendments made by this title, shall not take 

effect until the date on which the Chairman of the Securities and 

Exchange Commission certifies to the Congress that implementing 

the provisions of this title, and the amendments made by this title, 

will not divert resources from the Commission’s mission to protect 

investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. 

22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MANZULLO OF ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of the bill the following: 

TITLE VIII—ENSURING HIGH STANDARDS FOR AGENCY USE OF SCIENTIFIC INFORMATION 

SEC. 801. REQUIREMENT FOR FINAL GUIDELINES. 

(a) IN GENERAL.—Not later than January 1, 2013, each Federal 

agency shall have in effect guidelines for ensuring and maximizing 

the quality, objectivity, utility, and integrity of scientific information relied upon by such agency. 

(b) CONTENT OF GUIDELINES.—The guidelines described in subsection (a), with respect to a Federal agency, shall ensure that— 

(1) when scientific information is considered by the agency in 

policy decisions— 

(A) the information is subject to well-established scientific processes, including peer review where appropriate; 

(B) the agency appropriately applies the scientific information to the policy decision; 

(C) except for information that is protected from disclosure by law or administrative practice, the agency makes 

available to the public the scientific information considered 

by the agency; 


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(D) the agency gives greatest weight to information that 

is based on experimental, empirical, quantifiable, and reproducible data that is developed in accordance with wellestablished scientific processes; and 

(E) with respect to any proposed rule issued by the agency, such agency follows procedures that include, to the extent feasible and permitted by law, an opportunity for public comment on all relevant scientific findings; 

(2) the agency has procedures in place to make policy decisions only on the basis of the best reasonably obtainable scientific, technical, economic, and other evidence and information concerning the need for, consequences of, and alternatives 

to the decision; and 

(3) the agency has in place procedures to identify and address instances in which the integrity of scientific information 

considered by the agency may have been compromised, including instances in which such information may have been the 

product of a scientific process that was compromised. 

(c) APPROVAL NEEDED FOR POLICY DECISIONS TO TAKE EFFECT.— 

No policy decision issued after January 1, 2013, by an agency subject to this section may take effect prior to such date that the agency has in effect guidelines under subsection (a) that have been approved by the Director of the Office of Science and Technology Policy. 

(d) POLICY DECISIONS NOT IN COMPLIANCE.—A policy decision of 

an agency that does not comply with guidelines approved under 

subsection (c) shall be deemed to be arbitrary, capricious, an abuse 

of discretion, and otherwise not in accordance with law. 

(e) DEFINITIONS.—For purposes of this section: 

(1) AGENCY.—The term ‘‘agency’’ has the meaning given such 

term in section 551(1) of title 5, United States Code. 

(2) POLICY DECISION.—The term ‘‘policy decision’’ means, 

with respect to an agency, an agency action as defined in section 551(13) of title 5, United States Code, (other than an adjudication, as defined in section 551(7) of such title), and includes— 

(A) the listing, labeling, or other identification of a substance, product, or activity as hazardous or creating risk 

to human health, safety, or the environment; and 

(B) agency guidance. 

(3) AGENCY GUIDANCE.—The term ‘‘agency guidance’’ means 

an agency statement of general applicability and future effect, 

other than a regulatory action, that sets forth a policy on a 

statutory, regulatory, or technical issue or on an interpretation 

of a statutory or regulatory issue. 

23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUMMIS

OF WYOMING OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Add after title VII the following new title (and conform the table 

of contents accordingly): 


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TITLE VIII—TRACKING THE COST TO 

TAXPAYERS OF FEDERAL LITIGATION 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘Tracking the Cost to Taxpayers 

of Federal Litigation Act’’. 

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

(a) AGENCY PROCEEDINGS.—Section 504 of title 5, United States 

Code, is amended— 

(1) in subsection (c)(1), by striking ‘‘, United States Code’’; 

and 

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

‘‘(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. 

‘‘(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. 

‘‘(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. 

‘‘(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: 

‘‘(1) The name of each party to whom the award was made. 

‘‘(2) The name of each counsel of record representing each 

party to whom the award was made. 

‘‘(3) The agency to which the application for the award was 

made. 

‘‘(4) The name of each counsel of record representing the 

agency to which the application for the award was made. 

‘‘(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. 

‘‘(6) The amount of the award. 

‘‘(7) The names and hourly rates of each expert witness for 

whose services the award was made under the application. 


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‘‘(8) The basis for the finding that the position of the agency 

concerned was not substantially justified. 

‘‘(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.’’. 

(b) COURT CASES.—Section 2412(d) of title 28, United States 

Code, is amended by adding at the end the following: 

‘‘(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. 

‘‘(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. 

‘‘(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. 

‘‘(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— 

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

‘‘(ii) the amount of the award of fees and other expenses; and 

‘‘(iii) the statute under which the plaintiff filed suit. 

‘‘(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: 

‘‘(A) The name of each party to whom the award was made. 

‘‘(B) The name of each counsel of record representing each 

party to whom the award was made. 

‘‘(C) The agency involved in the case. 

‘‘(D) The name of each counsel of record representing the 

agency involved in the case. 

‘‘(E) The name of each judge in the case, and the court in 

which the case was heard. 

‘‘(F) The amount of the award. 

‘‘(G) The names and hourly rates of each expert witness for 

whose services the award was made. 

‘‘(H) The basis for the finding that the position of the agency 

concerned was not substantially justified. 


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‘‘(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. 

‘‘(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.’’. 

(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’’. 

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUMMIS

OF WYOMING OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Add after title VII the following new title (and conform the table 

of contents accordingly): 

TITLE VIII—GOVERNMENT LITIGATION 

SAVINGS 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘Government Litigation Savings 

Act’’. 

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

(a) AGENCY PROCEEDINGS.—Section 504 of title 5, United States 

Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by inserting after the first sentence the following: 

‘‘Fees and other expenses may be awarded under this 

subsection only to a prevailing party who has a direct 

and personal interest in the adversary adjudication because of medical costs, property damage, denial of benefits, unpaid disbursement, fees and other expenses 

incurred in defense of the adjudication, interest in a 

policy concerning such medical costs, property damage, 

denial of benefits, unpaid disbursement, or fees and 

other expenses, or otherwise.’’; and 

(ii) by adding at the end the following: ‘‘The agency 

conducting the adversary adjudication shall make any 

party against whom the adjudication is brought, at the 

time the adjudication is commenced, aware of the provisions of this section.’’; and 

(B) in paragraph (3), in the first sentence— 

(i) by striking ‘‘may reduce’’ and inserting ‘‘shall reduce’’; and 

(ii) by striking ‘‘unduly and unreasonably’’ and inserting ‘‘unduly or unreasonably’’; 

(2) in subsection (b)(1)(B)(ii), by striking ‘‘; except that’’ and 

all that follows through ‘‘section 601;’’ and inserting ‘‘except 

that— 


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‘‘(I) the net worth of a party (other than an individual 

or a unit of local government) shall include the net worth 

of any parent entity or subsidiary of that party; and 

‘‘(II) for purposes of subclause (I)— 

‘‘(aa) a ‘parent entity’ of a party is an entity that 

owns or controls the equity or other evidences of ownership in that party; and 

‘‘(bb) a ‘subsidiary’ of a party is an entity the equity 

or other evidences of ownership in which are owned or 

controlled by that party;’’; 

(3) in subsection (c)(1), by striking ‘‘, United States Code’’; 

and 

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

‘‘(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. 

‘‘(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. 

‘‘(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. 

‘‘(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: 

‘‘(1) The name of each party to whom the award was made. 

‘‘(2) The name of each counsel of record representing each 

party to whom the award was made. 

‘‘(3) The agency to which the application for the award was 

made. 

‘‘(4) The name of each counsel of record representing the 

agency to which the application for the award was made. 

‘‘(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. 

‘‘(6) The amount of the award. 

‘‘(7) The names and hourly rates of each expert witness for 

whose services the award was made under the application. 


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‘‘(8) The basis for the finding that the position of the agency 

concerned was not substantially justified. 

‘‘(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.’’. 

(b) COURT CASES.—Section 2412(d) of title 28, United States 

Code, is amended— 

(1) by amending paragraph (1)(A) to read as follows: ‘‘(A) Except as otherwise specifically provided by statute, a court, in 

any civil action (other than cases sounding in tort), including 

proceedings for judicial review of agency action, brought by or 

against the United States in any court having jurisdiction of 

that action, shall award to a prevailing party (other than the 

United States) fees and other expenses, in addition to any costs 

awarded pursuant to subsection (a), incurred by that party in 

the civil action, unless the court finds that the position of the 

United States was substantially justified or that special circumstances make an award unjust. Fees and other expenses 

may be awarded under this paragraph only to a prevailing 

party who has a direct and personal interest in the civil action 

because of medical costs, property damage, denial of benefits, 

unpaid disbursement, fees and other expenses incurred in defense of the civil action, interest in a policy concerning such 

medical costs, property damage, denial of benefits, unpaid disbursement, or fees and other expenses, or otherwise.’’; 

(2) in paragraph (1)(C)— 

(A) by striking ‘‘court, in its discretion, may’’ and inserting ‘‘court shall’’; and 

(B) by striking ‘‘unduly and unreasonably’’ and inserting 

‘‘unduly or unreasonably’’; 

(3) in paragraph (2)(B)(ii), by striking ‘‘; except that’’ and all 

that follows through ‘‘section 601 of title 5;’’ and inserting: ‘‘except that— 

‘‘(I) the net worth of a party (other than an individual 

or a unit of local government) shall include the net worth 

of any parent entity or subsidiary of that party; and 

‘‘(II) for purposes of subclause (I)— 

‘‘(aa) a ‘parent entity’ of a party is an entity that 

owns or controls the equity or other evidences of ownership in that party; and 

‘‘(bb) a ‘subsidiary’ of a party is an entity the equity 

or other evidences of ownership in which are owned or 

controlled by that party;’’; and 

(4) by adding at the end the following: 

‘‘(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. 


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‘‘(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. 

‘‘(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. 

‘‘(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— 

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

‘‘(ii) the amount of the award of fees and other expenses; and 

‘‘(iii) the statute under which the plaintiff filed suit. 

‘‘(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: 

‘‘(A) The name of each party to whom the award was made. 

‘‘(B) The name of each counsel of record representing each 

party to whom the award was made. 

‘‘(C) The agency involved in the case. 

‘‘(D) The name of each counsel of record representing the 

agency involved in the case. 

‘‘(E) The name of each judge in the case, and the court in 

which the case was heard. 

‘‘(F) The amount of the award. 

‘‘(G) The names and hourly rates of each expert witness for 

whose services the award was made. 

‘‘(H) The basis for the finding that the position of the agency 

concerned was not substantially justified. 

‘‘(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. 

‘‘(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.’’. 

(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’’. 

25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POSEY OF

FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 10, after the period insert the following: 

If meeting that definition, such term includes any requirement 

by the Secretary of the Treasury, except to the extent provided in 


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Treasury Regulations as in effect on February 21, 2011, that a 

payor of interest make an information return in the case of interest— 

(1) which is described in section 871(i)(2)(A) of the Internal 

Revenue Code of 1986, and 

(2) which is paid— 

(A) to a nonresident alien, and 

(B) on a deposit maintained at an office within the 

United States. 

PART C—TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 1, beginning at line 11, strike ‘‘PROPOSED OIL AND GAS LEASING PROGRAM (2012-2017)’’ and insert ‘‘PROPOSED FINAL OUTER CONTINENTAL SHELF OIL & GAS LEASING PROGRAM (2012-2017)’’. 

Page 1, line 14, strike ‘‘plan’’ and insert ‘‘program’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Beginning at page 5, line 22, strike section 6. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RICHARD- SON OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MIN- UTES

Page 7, strike line 3 and insert the following: 

SEC. 8. LEASE SALES OFF THE COASTS OF SOUTH CAROLINA AND 

CALIFORNIA. 

Page 7, line 5, after ‘‘lina’’ insert ‘‘and the coast of California’’. 

Page 7, line 8, strike ‘‘the State of South Carolina’’ and insert 

‘‘each such State’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

SEC. ll. REQUIREMENT TO OFFER GAS FOR SALE ONLY IN THE 

UNITED STATES. 

The Secretary of the Interior shall require that all gas produced 

under a lease issued under this Act shall be offered for sale only 

in the United States. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

SEC. ll. SAFETY REQUIREMENTS. 

The Secretary of the Interior shall require that drilling operations conducted under each lease issued under this Act meet requirements for— 


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(1) third-party certification of safety systems related to well 

control, such as blowout preventers; 

(2) performance of blowout preventers, including quantitative 

risk assessment standards, subsea testing, and secondary activation methods; 

(3) independent third-party certification of well casing and 

cementing programs and procedures; 

(4) mandatory safety and environmental management systems by operators on the outer Continental Shelf (as that term 

is used in the Outer Continental Shelf Lands Act); and 

(5) procedures and technologies to be used during drilling operations to minimize the risk of ignition and explosion of hydrocarbons. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

SEC. ll. ELIGIBILITY FOR LEASES. 

(a) LIMITATION ON ELIGIBILITY.— (1) IN GENERAL.—Beginning 1 year after the date of enactment of this Act, the Secretary of the Interior shall not offer 

any lease pursuant to this Act to a person described in paragraph (2) unless the person has renegotiated each covered 

lease with respect to which the person is a lessee, to modify 

the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater 

than or equal to the price thresholds described in clauses (v) 

through (vii) of section 8(a)(3)(C) of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). 

(2) PERSONS DESCRIBED.—A person referred to in paragraph 

(1) is a person that— 

(A) is a lessee that— 

(i) holds a covered lease on the date on which the 

Secretary considers the issuance of the lease under 

this Act; or 

(ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease 

to another person or entity (including a subsidiary or 

affiliate of the lessee) after the date of enactment of 

this Act; or 

(B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. 

(b) DEFINITIONS.—In this section: 

(1) COVERED LEASE.—The term ‘‘covered lease’’ means a lease 

for oil or gas production in the Gulf of Mexico that is— 

(A) in existence on the date of enactment of this Act; 

(B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104–58); 

and 

(C) not subject to limitations on royalty relief based on 

market price that are equal to or less than the price 

thresholds described in clauses (v) through (vii) of section 


smartinez on DSK6TPTVN1PROD with REPORTS
24 

8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 

U.S.C. 1337(a)(3)(C)). 

(2) LESSEE.—The term ‘‘lessee’’ includes any person or other 

entity that controls, is controlled by, or is in or under common 

control with, a lessee. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

SEC. ll. LEASES MUST REQUIRE ESTIMATIONS OF PRODUCTION AND 

EFFECT ON PRICES. 

The Secretary of the Interior shall require under each lease 

issued under this Act that each application for a permit to drill a 

well includes detailed estimations of— 

(1) the amount of oil and gas that is expected— 

(A) to be found in the area where the well is drilled, in 

the case of an exploration well; or 

(B) to be produced by the well, in the case of a production well; and 

(2) the amount by which crude oil prices and consumer 

prices would be reduced as a result of oil and gas found or produced by the well, and by when the reductions would occur. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

SEC. ll. LEASES MUST REQUIRE ESTIMATIONS OF PRODUCTION AND 

RESULTING CLIMATE CHANGE. 

(a) IN GENERAL.—The Secretary of the Interior shall require 

under each lease issued under this Act that each application for a 

permit to drill a well includes detailed estimations of— 

(1) the amount of oil and gas that is expected— 

(A) to be found in the area where the well is drilled, in 

the case of an exploration well; or 

(B) to be produced by the well, in the case of a production well; and 

(2) climate change that will result from consumption of oil 

and gas found pursuant to the lease. 

(b) CLIMATE CHANGE DEFINED.—In this section the term ‘‘climate 

change’’ means change of climate that is attributed directly or indirectly to human activity that alters the composition of the global 

atmosphere and that is in addition to natural climate variability 

observed over comparable time periods. 

Æ 


smartinez on DSK6TPTVN1PROD with REPORTS