H.R. 5477

119th CONGRESS 1st Session

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 · Sponsor: Mr. McCormick · Committee: Committee on the Judiciary

Table of contents

• H.R. 5477
  • SEC. 1. Short title
  • SEC. 2. Award of attorneys fees required in criminal cases that do not result in a conviction
  • SEC. 3. Award of costs and fees required in civil cases

SEC. 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 ( note) is amended— 18 U.S.C. 3006A
  • by striking fiscal year 1998and inserting fiscal year 2026;
  • by striking pending on or after the date of the enactment of this Actand inserting pending on or after the date of the enactment of the Litigation Reimbursement Act; and
  • 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—
  • in subsection (a), by striking may be awardedand inserting shall be awarded; and
  • in subsection (b), by striking may be awardedand inserting shall be awarded.