119-hr5477

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5477 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 5477

To direct courts to award attorneys fees in criminal cases that do not 
 result in a conviction, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 18, 2025

 Mr. McCormick (for himself and Mr. Ezell) introduced the following 
 bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

To direct courts to award attorneys fees in criminal cases that do not 
 result in a conviction, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Litigation Reimbursement Act''.

SEC. 2. AWARD OF ATTORNEYS FEES REQUIRED IN CRIMINAL CASES THAT DO NOT 
 RESULT IN A CONVICTION.

 

Section 617 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1998 (18 U.S.C. 
3006A note) is amended--

    (1) by striking ``fiscal year 1998'' and inserting ``fiscal 
 year 2026'';

    (2) by striking ``pending on or after the date of the 
 enactment of this Act'' and inserting ``pending on or after the 
 date of the enactment of the Litigation Reimbursement Act''; 
 and

    (3) by striking ``may award to a prevailing party, other 
 than the United States, a reasonable attorney's fee and other 
 litigation expenses, where the court finds that the position of 
 the United States was vexatious, frivolous, or in bad faith,'' 
 and inserting ``shall award to a prevailing party, other than 
 the United States, a reasonable attorney's fee and other 
 litigation expenses, in any case that proceeds to trial and 
 with respect to which a verdict is rendered by the judge or 
 jury that is not a conviction,''.

SEC. 3. AWARD OF COSTS AND FEES REQUIRED IN CIVIL CASES.

 

Section 2412 of title 28, United States Code, is amended--

    (1) in subsection

    (a) , by striking ``may be awarded'' and 
 inserting ``shall be awarded''; and

    (2) in subsection

    (b) , by striking ``may be awarded'' and 
 inserting ``shall be awarded''.
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