[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 415 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 415

 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

                            January 21, 2021

  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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