HR 4078 PCS
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 
VerDate Mar 15 2010 
22:43 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H4078.PCS
H4078
srobinson on DSK4SPTVN1PROD with BILLS
HR 4078 PCS
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 
VerDate Mar 15 2010 
22:43 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H4078.PCS
H4078
srobinson on DSK4SPTVN1PROD with BILLS
HR 4078 PCS
‘‘(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 
VerDate Mar 15 2010 
22:43 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H4078.PCS
H4078
srobinson on DSK4SPTVN1PROD with BILLS
HR 4078 PCS
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: 
KAREN L. HAAS, 
Clerk. 
VerDate Mar 15 2010 
22:43 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H4078.PCS
H4078
srobinson on DSK4SPTVN1PROD with BILLS
Calendar No. 477 
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. 
JULY 31, 2012 
Read the second time and placed on the calendar 
VerDate Mar 15 2010 
22:43 Jul 31, 2012
Jkt 019200
PO 00000
Frm 00092
Fmt 6651
Sfmt 6651
E:\BILLS\H4078.PCS
H4078
srobinson on DSK4SPTVN1PROD with BILLS