H.R. 5477

119 HR 5477 IH: Litigation Reimbursement Act
 U.S. House of Representatives
 2025-09-18
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 I  119th CONGRESS  1st Session  H. R. 5477  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.
1.
Short title
This Act may be cited as the   Litigation Reimbursement Act  .
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, .
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 .