H.R. 5477

[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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