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(1) when scientific information is considered by 
the agency in policy decisions— 
(A) the information is subject to well-es-
tablished scientific processes, including peer re-
view where appropriate; 
(B) the agency appropriately applies the 
scientific information to the policy decision; 
(C) except for information that is pro-
tected from disclosure by law or administrative 
practice, the agency makes available to the pub-
lic the scientific information considered by the 
agency; 
(D) the agency gives greatest weight to in-
formation that is based on experimental, empir-
ical, quantifiable, and reproducible data that is 
developed in accordance with well-established 
scientific processes; and 
(E) with respect to any proposed rule 
issued by the agency, such agency follows proce-
dures 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 reason-
ably obtainable scientific, technical, economic, and 
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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. 
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(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’’. 
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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-
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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-
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