Stop Serial Litigation Act of 2026
- Bill Number
- H.R. 9295
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Law
- Status
- Introduced
- Latest Action
- 2026-06-11: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-09T15:18:54Z
AI-Generated Summary
Purpose of the Legislation This bill amends federal statutes governing the award of attorney fees and related expenses in administrative proceedings and civil lawsuits against the government. Its stated goal is to establish annual caps on such awards and require more detailed billing information, with the intent of limiting repeated or high-volume fee claims.
Key Provisions Outlined
- Annual Caps on Awards: Except for proceedings involving the Department of Veterans Affairs or the Social Security Administration, total fees and expenses awarded to most parties (nonprofit organizations under IRC 501(c)(3), businesses, partnerships, corporations, associations, or local governments) are limited to $300,000 during any 1-year period.
- Hourly Rate Limits: Attorney fees are capped at $175 per hour for most agencies and courts (adjusted annually for inflation starting five years after enactment) or $125 per hour for VA and SSA matters, unless a cost-of-living increase or special factor justifies more. Fees for litigating whether the government's position was "substantially justified" are limited to half the otherwise applicable hourly rate. Expert witness rates cannot exceed the highest rate paid by the relevant agency or the United States.
- Detailed Billing Requirements: Parties must provide the actual total time spent, hourly rates, dates of tasks, time per task, and a description of each task when seeking fees.
- Exceptions: The caps and certain rate limits do not apply to VA or SSA proceedings.
Significant Changes to Existing Law Introduced The bill modifies the Equal Access to Justice Act provisions in 5 U.S.C. § 504 (agency adjudications) and 28 U.S.C. § 2412(d) (civil actions). It introduces new annual dollar caps on total awards, which did not previously exist in this form. It also raises the base hourly rate for most cases from the prior $125 level to $175 (with future inflation adjustments) while adding stricter documentation rules and the half-rate provision for "substantially justified" disputes. These changes apply prospectively after enactment.
Potential Impacts
- Government agencies would face reduced maximum payouts in fee awards outside of VA and SSA cases, potentially lowering overall litigation costs.
- Frequent litigants, such as advocacy organizations and businesses, could receive substantially less compensation for legal work in successful challenges to agency actions.
- No direct effects on international relations are evident in the text.
Main Stakeholders Affected
- Federal agencies (excluding VA and SSA for the caps).
- Plaintiffs and their counsel in administrative hearings and federal civil cases seeking fee reimbursement.
- Nonprofit organizations, small businesses, and local governments that regularly participate in such proceedings.
- The federal judiciary and administrative law judges responsible for reviewing fee applications.
Notable Legal, Constitutional, or Political Implications The legislation alters the fee-shifting framework under the Equal Access to Justice Act, which is designed to encourage challenges to unreasonable government actions. By imposing annual caps and detailed billing mandates, it may affect the financial incentives for litigation without altering underlying rights to sue. The bill does not address constitutional issues such as due process or equal protection in the text itself.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Rulli, Michael A. [R-OH-6]
Recent Actions
- 2026-06-11: Referred to the House Committee on the Judiciary.
- 2026-06-11: Introduced in House
- 2026-06-11: Introduced in House
Bill Versions
- Stop Serial Litigation Act of 2026 — issued 2026-06-11 — PDF (8 pages)