FEES Act of 2026
Sponsored By: Representative Tiffany, Thomas P. [R-WI-7]
Introduced
Summary
Caps attorney fee awards and narrows who can recover them. This bill would limit when and how parties get paid for attorneys' fees in federal adjudications and civil suits, bar fee payments tied to agency rules, and require a scientific review of effects on federally managed lands.
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- Individuals and claimants: Would require a direct and personal monetary interest, such as personal injury, private property damage, or unpaid agency disbursement, to qualify for fee recovery.
- Attorneys and plaintiffs: Would cap fee awards at $200,000 per adversary adjudication or civil action and limit recoveries to 3 such actions per calendar year, with exceptions for successful class actions and cases involving the Social Security Administration or Department of Veterans Affairs.
- Federal agencies and settlements: Would prohibit settlement agreements or consent decrees that authorize payment of attorneys' fees or litigation costs tied to an agency regulation or guidance document.
- Public lands and rural stakeholders: Would create an independent five-member scientific panel, appointed by the Secretary within five years, to assess effects on forest and rangeland health, wildfire risk, biodiversity, watershed quality, and economic productivity. The panel must include hunters or anglers, a forest-products representative, a rural water utility representative, and a wildlife biologist.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 3 costs, 1 mixed.
Tighter fee awards in agency cases
If enacted, the bill would cap attorney fee and expense awards in agency adversary adjudications at $200,000 per adjudication. It would generally bar awards for more than three adversary adjudications in the same calendar year. Fee awards would be limited to parties with a direct, personal monetary interest, such as personal injury, private property damage, or unpaid agency payments. These rules would apply to adjudications started on or after enactment.
Tighter fee awards in civil cases
If enacted, the bill would cap fee and expense awards in civil actions at $200,000 per case. It would generally limit a prevailing party to awards in no more than three civil cases in the same calendar year. Awards would only go to parties with a direct, personal monetary interest (for example, personal injury, private property damage, or unpaid agency payments). The United States could not receive these awards, and courts would cut or may deny awards for pro bono hours or for bad-faith or obstructive behavior.
Ban on fee payments in agency settlements
If enacted, the bill would bar settlement agreements or consent decrees that produce a federal regulation or a guidance document from including payment of attorneys' fees or litigation costs when a federal agency is a party. The bill defines guidance documents as agency statements that do not have the force of law and gives examples like memoranda, notices, bulletins, advisories, and manuals. It also defines regulations broadly and allows limited exemptions for certain military, foreign-affairs, and personnel matters and other categories an OIRA official may identify.
New scientific panel for federal lands
If enacted, the Interior Secretary would appoint a five-member independent scientific panel within five years to assess how this Act affects federally managed lands. The panel would study forest and rangeland health, wildfire and insect risk, biodiversity, watershed quality, and economic productivity. The panel must include at least two hunters or anglers, one person from the forest products industry, one from a rural water utility, and one wildlife biologist. The panel would report its findings to House and Senate natural-resources committees when finished.
Sponsors & CoSponsors
Sponsor
Tiffany, Thomas P. [R-WI-7]
WI • R
Cosponsors
Rep. Hageman, Harriet M. [R-WY-At Large]
WY • R
Sponsored 6/30/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov