‘‘(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 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. 
‘‘(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. 
‘‘(h) The Director of the Office of Management and 
Budget shall adjust the maximum hourly fee set forth in 
subsection (b)(1)(A)(ii) for the fiscal year beginning October 
1, 2012, and for each fiscal year thereafter, to reflect 
changes in the Consumer Price Index, as determined by the 
Secretary of Labor.’’. 
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(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 ju-
dicial 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 cir-
cumstances make an award unjust. Fees and other ex-
penses may be awarded under this paragraph only to 
a prevailing party who has a direct and personal in-
terest in the civil action because of medical costs, 
property damage, denial of benefits, unpaid disburse-
ment, 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)— 
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(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)— 
(A) in subparagraph (A)(ii), by striking 
‘‘$125’’ and all that follows through the end and 
inserting ‘‘$200 per hour.);’’; 
(B) in subparagraph (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 own-
ership in which are owned or controlled by 
that party;’’; and 
(4) by adding at the end the following: 
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‘‘(5) The Director of the Office of Management and 
Budget shall adjust the maximum hourly fee set forth in 
paragraph (2)(A)(ii) for the fiscal year beginning October 
1, 2012, and for each fiscal year thereafter, to reflect 
changes in the Consumer Price Index, as determined by the 
Secretary of Labor. 
‘‘(6)(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 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 re-
quirements 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 settle-
ment agreement, regardless of whether the settlement agree-
ment is sealed or otherwise subject to nondisclosure provi-
sions, except that any version of the report made available 
to the public may not reveal any information the disclosure 
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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. 
‘‘(7) The Chairman of the Administrative Conference 
shall create and maintain online a searchable database con-
taining 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. 
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‘‘(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 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 justi-
fied. 
‘‘(8) The online searchable database described in para-
graph (7) 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. 
‘‘(9) 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’’. 
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SEC. 3. GAO STUDY. 
Not later than 30 days after the date of the enactment 
of this Act, the Comptroller General shall commence an 
audit of the implementation of the Equal Access to Justice 
Act for the years 1995 through the end of the calendar year 
in which this Act is enacted. The Comptroller General shall, 
to the extent practical, not later than 1 year after the end 
of the calendar year in which this Act is enacted, complete 
such audit and submit to the Congress a report on the re-
sults of the audit. 
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Union Calendar No. 429 
112TH CONGRESS 
2D SESSION 
H. R. 1996 
[Report No. 112–594] 
A BILL 
To amend titles 5 and 28, United States Code, with 
respect to the award of fees and other expenses 
in cases brought against agencies of the United 
States, to require the Administrative Conference 
of the United States to compile, and make pub-
lically available, certain data relating to the 
Equal Access to Justice Act, and for other pur-
poses. 
JULY 11, 2012 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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