other evidence and information concerning the need 
for, consequences of, and alternatives to the deci-
sion; and 
(3) the agency has in place procedures to iden-
tify 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 oth-
erwise 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 deci-
sion’’ 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 in-
cludes— 
(A) the listing, labeling, or other identifica-
tion of a substance, product, or activity as haz-
ardous 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 ap-
plicability and future effect, other than a regulatory 
action, that sets forth a policy on a statutory, regu-
latory, or technical issue or on an interpretation of 
a statutory or regulatory issue. 
TITLE IX—TRACKING THE COST 
TO TAXPAYERS OF FEDERAL 
LITIGATION 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Tracking the Cost to 
Taxpayers of Federal Litigation Act’’.
SEC. 902. 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 in-
serting the following: 
‘‘(e)(1) The Chairman of the Administrative Con-
ference of the United States, after consultation with the 
Chief Counsel for Advocacy of the Small Business Admin-
istration, 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 settle-
ment agreement is sealed or otherwise subject to non-
disclosure provisions, except that any version of the report 
made available to the public may not reveal any informa-
tion the disclosure of which is contrary to the national se-
curity of the United States. 
‘‘(B) The disclosure of fees and other expenses re-
quired 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 rep-
resenting 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 rep-
resenting 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 ad-
judication 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. 
‘‘(8) The basis for the finding that the position 
of the agency concerned was not substantially justi-
fied. 
‘‘(g) The online searchable database described in sub-
section (f) may not reveal any information the disclosure 
of which is prohibited by law or court order, or the disclo-
sure 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 Con-
ference of the United States shall report annually to the 
Congress on the amount of fees and other expenses award-
ed during the preceding fiscal year pursuant to this sub-
section. The report shall describe the number, nature, and 
amount of the awards, the claims involved in each con-
troversy, 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 settle-
ment agreement is sealed or otherwise subject to non-
disclosure provisions, except that any version of the report 
made available to the public may not reveal any informa-
tion the disclosure of which is contrary to the national se-
curity of the United States. 
‘‘(ii) The disclosure of fees and other expenses re-
quired under clause (i) does not affect any other informa-
tion that is subject to nondisclosure provisions in the set-
tlement 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 rep-
resenting each party to whom the award was made. 
‘‘(C) The agency involved in the case. 
‘‘(D) The name of each counsel of record rep-
resenting 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 ex-
pert witness for whose services the award was made. 
‘‘(H) The basis for the finding that the position 
of the agency concerned was not substantially justi-
fied. 
‘‘(7) The online searchable database described in 
paragraph (6) may not reveal any information the disclo-
sure 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’’. 
Passed the House of Representatives July 26, 2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 4078 
AN ACT 
To provide that no agency may take any significant 
regulatory action until the unemployment rate is 
equal to or less than 6.0 percent.