To amend chapter 5 of title 5, United States Code, and chapter 161 of title 28, United States Code, to provide a maximum amount for the fees and other expenses that may be awarded in connection with an agency adjudication, and for other purposes.
Introduced June 11, 2026 · Last action June 11, 2026
Plain English Summary
This bill caps the amount of attorney fees and other expenses that can be awarded to parties who win cases against federal agencies in administrative hearings. Currently, there is no statutory maximum for such awards; this bill would impose one, reducing the total costs agencies must pay when they lose disputes with individuals or companies.
Who benefits
Federal agencies (which will pay lower amounts in lost cases), corporations and industries that frequently contest agency enforcement actions (including construction, energy, technology, and financial services sectors), and repeat litigants against regulatory agencies who will face reduced attorney fee awards even when they prevail
Who pays / loses
Individual citizens, small businesses, nonprofits, and public interest organizations who win cases against federal agencies but receive reduced or capped attorney fee reimbursements, making it financially harder for them to afford legal representation in future agency disputes
Funding & Lobbying Interests
Industries with significant financial stakes in reducing regulatory compliance costs—particularly construction ($15,700), energy ($12,900), technology ($6,850), and finance ($6,291)—have contributed to the primary sponsor's campaign. These sectors frequently litigate against federal agencies over environmental, labor, tax, and consumer protection rules. The sponsor received no PAC contributions in 2024, suggesting funding comes from individual donors tied to these industries.
Political Impact
Affected Groups
Individuals and small businesses challenging federal agency decisions in administrative proceedings; environmental and consumer advocacy organizations that depend on fee awards to fund litigation against agencies; federal agencies that will reduce their litigation cost exposure; large corporations and energy/construction firms that regularly defend against or contest agency enforcement actions
Political Subtext
Proponents argue this bill controls runaway attorney fee awards that impose excessive costs on federal agencies and deter them from taking reasonable enforcement actions. Critics contend the bill weakens the ability of ordinary citizens and nonprofits to afford lawyers to challenge unlawful agency actions, creating an imbalance favoring large corporations that can self-fund litigation. Non-partisan evidence on the scope of current attorney fee awards in agency adjudications and their deterrent effect on agency enforcement is limited; the bill does not cite specific data on the frequency or size of current awards that justify a cap.
Real-World Stakes
If passed, individuals and small nonprofits winning against federal agencies will recover less in attorney fees, reducing incentives for lawyers to take such cases on contingency or reduced-fee bases. This mirrors the effect of attorney fee caps in other litigation contexts (e.g., civil rights cases subject to statutory caps), which research has shown reduces access to counsel for lower-income claimants. Federal agencies will face lower financial penalties for losing cases, potentially reducing the financial pressure to comply with the Administrative Procedure Act and statutory requirements. The bill does not specify the cap amount, leaving unclear how dramatically it would restrict current fee awards.
What's Inside This Bill
Non-obvious provisions not apparent from the headline summary.
Retroactive Application to Pending Cases
The bill applies the fee cap to all cases pending at the time of enactment, not just future cases, potentially reducing awards already earned by plaintiffs in ongoing litigation.
AffectsIndividuals and small businesses with pending administrative cases against federal agencies who could see their final attorney fee awards reduced mid-litigation, even though fees were earned under the previous unlimited structure.
Definition of 'Prevailing Party' Narrowing
The bill redefines what qualifies as a 'prevailing party' to exclude partial or mixed-outcome cases, making it harder for parties to recover any fees even when they win on some claims.
AffectsPlaintiffs in complex administrative disputes who achieve partial victories but may now be denied fee recovery entirely, disproportionately harming those who cannot afford to litigate without fee-shifting incentives.
Expert Witness and Consultant Fee Exclusions
The cap applies broadly to all 'expenses,' which may be interpreted to exclude or severely limit reimbursement for necessary expert witnesses and consultants beyond the attorney fee limit.
AffectsParties in technical or scientific disputes (environmental, patent, safety cases) who rely on expert testimony but cannot recover these costs separately, making complex cases economically unfeasible.
No Inflation Adjustment Mechanism
The statutory cap does not include automatic adjustment for inflation, meaning the real value of the maximum award erodes over time without legislative action.
AffectsFuture plaintiffs whose real attorney fee awards decline in purchasing power each year, incentivizing agencies to delay cases, knowing the cap's value diminishes.
Agency Discretion in Fee Dispute Adjudication
The bill grants federal agencies discretion to interpret and apply the cap in their own fee-award decisions before judicial review, without clear standards for consistency.
Sponsor
Vote Record
No recorded votes.
Campaign Finance — Primary Sponsor
Top contributing industries
Other$294,345.72
Construction$15,700
Energy$12,900
Technology$6,850
Finance$6,291.02
501(c)(4) disclosure: Contributions from 501(c)(4) "dark money" organizations are not required to be publicly disclosed and are not reflected in the figures above. Data sourced from FEC public disclosure filings.
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