[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3603 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3603
To amend chapter 7 of title 5, United States Code, to provide that in
the case of an agency that appeals the ruling of a court under that
chapter, and does not prevail on appeal, the court shall award the
prevailing party reasonable attorney's fees and costs, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 28, 2019
Mr. Posey introduced the following bill; which was referred to the
Committee on the Judiciary
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A BILL
To amend chapter 7 of title 5, United States Code, to provide that in
the case of an agency that appeals the ruling of a court under that
chapter, and does not prevail on appeal, the court shall award the
prevailing party reasonable attorney's fees and costs, 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. AGENCY REQUIRED TO PAY ATTORNEY'S FEES AND COSTS IN
UNSUCCESSFUL APPEALS.
(a) In General.--Chapter 7 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 707. Attorney's fees and costs in appeals
``In the case that an agency appeals a ruling of a court under this
chapter, and does not prevail in the appeal, the court shall award
reasonable attorney's fees and costs to the prevailing party. Such
award shall be paid out of the administrative budget of the office in
the agency that filed the appeal.''.
(b) Clerical Amendment.--The table of sections for chapter 7 of
title 5 is amended by inserting after the item related to section 706
the following:
``707. Attorney's fees and costs in appeals''.
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