[House Report 112-616]
[From the U.S. Government Publishing Office]


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 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.
    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
----------------------------------------------------------------------------------------------------------------

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
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 administrative 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 regarding 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.

                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.
                              ----------                              


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 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.
  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 Exception.--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
                  (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 McKinley 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.''.
  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),''.
  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 climate 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;
                  (D) the agency gives greatest weight to 
                information that is based on experimental, 
                empirical, 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 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):

    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.
          ``(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.
  ``(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--
                  ``(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.
          ``(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.
  ``(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 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 Richardson of 
          California or Her Designee, Debatable for 10 Minutes

  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. __. 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. __. SAFETY REQUIREMENTS.

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

                                  
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