,i #aaith ,,congress #b;d ,session ,h4 ,r4 #iecf ,,in ,,the ,,house ,,of ,,representatives ,june #cj1 #bjbf,mr4 ,tiffany 7for himself and ,ms4 ,hageman7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to provide for certain rules relating to the payment of attorney's fees4 #a4 ,short title ,this ,act may be cited as the ,fixing ,egregiously ,expensive ,suits ,act of #bjbf or as the ,,fees ,act of #bjbf4 #b4 ,modification of ,equal ,access to ,justice provisions 7a7 ,agency proceedings 7#a7 ,eligibility parties ,section #ejd7;a77#a7 of title #e1 ,united ,states ,code1 is amended by inserting after prevailing party the following3 who has a direct and personal monetary interest in the adjudication1 including because of personal injury1 private property damage1 or unpaid agency disbursement14 7#b7 ,limitation on awards ,section #ejd7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,a party may not receive an award of fees and other expenses under this section-- 7,a7 in excess of #bjj1jjj in any single adversary adjudication1 or 7,b7 for more than #c adversary adjudications initiated in the same calendar year1 unless the prevailing party has filed and prevailed in a class action lawsuit or the ,social ,security ,administration or ,department of ,veterans ,affairs is a party in such action4 4 7b7 ,civil actions ,section #bdab7;d77#a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking in any civil action and all that follows through jurisdiction of that action and inserting in the civil action2 and 7,b7 by striking shall award to a prevailing party other than the ,united ,states and inserting the following3 1 in any civil action 7other than cases sounding in tort71 including proceedings for judicial review of agency action1 brought by or against the ,united ,states in any court having jurisdiction of that action1 shall award to a prevailing party who has a direct and personal monetary interest in the civil action1 including because of personal injury1 private property damage1 or unpaid agency disbursement1 other than the ,united ,states12 7#b7 in subparagraph 7,c7-- 7,a7 by striking 1 in its discretion1 may reduce the amount to be awarded pursuant to this subsection1 or deny an award1 and inserting shall reduce the amount to be awarded under this subsection1 or deny an award1 commensurate with pro bono hours and related fees and expenses1 or2 7,b7 by striking unduly and2 and 7,c7 by striking controversy4 and inserting controversy or acted in an obdurate1 dilatory1 mendacious1 or oppressive manner1 or in bad faith42 and 7#c7 by adding at the end1 the following3 7,e7 ,an individual or entity may not receive an award of fees and other expenses under this subsection in excess of-- 7i7 #bjj1jjj in any single civil action1 or 7ii7 for more than #c civil actions initiated in the same calendar year1 unless the prevailing party has filed and prevailed in a class action lawsuit or the ,social ,security ,administration or ,department of ,veterans ,affairs is a party in such action4 4 7c7 ,effective date ,the amendments made by-- 7#a7 paragraphs 7#a7 and 7#b7 of subsection 7a7 shall apply with respect to adversary adjudications commenced on or after the date of the enactment of this ,act2 and 7#b7 subsection 7b7 shall apply with respect to civil actions commenced on or after such date of enactment4 #c4 ,settlement agreements and consent decrees 7a7 ,limitation on attorneys' fees and litigation costs ,a settlement agreement or consent decree resulting in a regulation or guidance document with respect to which a ,federal agency is a party may not include the payment of attorneys' fees or litigation costs4 7b7 ,definitions ,in this section3 7#a7 ,guidance document ,the term guidance document-- 7,a7 means an agency statement of general applicability 7other than a regulation that has the force and effect of law promulgated in accordance with the notice and public procedure under section #eec of title #e1 ,united ,states ,code7 that-- 7i7 does not have the force and effect of law2 and 7ii7 sets forth-- 7,i7 an agency decision or a policy on a statutory1 regulatory1 or technical issue2 or 7,,ii7 an interpretation of a statutory or regulatory issue2 and 7,b7 may include-- 7i7 a memorandum2 7ii7 a notice2 7iii7 a bulletin2 7iv7 a directive2 7v7 a news release2 7vi7 a letter2 7vii7 a blog post2 7viii7 a no-action letter2 7ix7 a speech by an agency official2 7x7 an advisory2 7xi7 a manual2 7xii7 a circular2 or 7xiii7 any combination of the items described in clauses 7i7 through 7xii74 7#b7 ,regulation ,the term regulation-- 7,a7 means an agency statement of general applicability and future effect1 which the agency intends to have the force and effect of law1 that is designed to implement1 interpret1 or prescribe law or policy or to describe the procedure or practice requirements of an agency2 7,b7 includes regulations issued pursuant to-- 7i7 an informal rulemaking under section #eec of title #e1 ,united ,states ,code2 7ii7 a formal rulemaking under sections #eef and #eeg of title #e1 ,united ,states ,code2 and 7iii7 any combination of the informal rulemaking described in clause 7i7 and the formal rulemaking described in clause 7ii72 and 7,c7 does not include-- 7i7 regulations that pertain to a military or foreign affairs function of the ,united ,states1 other than procurement regulations and regulations involving the import or export of non-defense articles and services2 7ii7 regulations or regulations that are limited to agency organization1 management1 or personnel matters2 or 7iii7 any other category of regulations exempted by the ,administrator of ,office of ,information and ,regulatory ,affairs4 #d4 ,independent review and assessment 7a7 ,in general ,not later than #e years after the date of enactment of this ,act1 the ,secretary of ,interior shall assemble an independent scientific panel to conduct an assessment of the impacts of the provisions of this ,act on the ecological1 social1 and economic sustainability of federally managed lands2 including factors including-- 7#a7 ,federal forest and rangeland health2 7#b7 susceptibility of ,federal forests and rangelands to catastrophic wildfire and insect infestation2 7#c7 biological diversity2 7#d7 watershed quality2 and 7#e7 economic productivity of ,federal forests and rangelands4 7b7 ,report ,the panel shall report its conclusions upon completion of the assessment to the ,committee on ,natural ,resources of the ,house of ,representatives and to the ,committee on ,energy and ,natural ,resources of the ,senate4 7c7 ,scientific panel members ,the panel shall consist of #e members1 appointed by the ,secretary-- 7#a7 at least two of whom shall be hunters or anglers2 7#b7 at least one of whom shall be affiliated with the forest products industry2 7#c7 at least one of whom shall be affiliated with a rural water utility2 and 7#d7 at least one of whom shall be a wildlife biologist4