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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 pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 21, 2021
Mr. POSEY introduced the following bill; which was referred to the Committee
on the Judiciary
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 pur-
poses.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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•HR 415 IH
SECTION 1. AGENCY REQUIRED TO PAY ATTORNEY’S FEES
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AND COSTS IN UNSUCCESSFUL APPEALS.
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(a) IN GENERAL.—Chapter 7 of title 5, United
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States Code, is amended by adding at the end the fol-
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lowing:
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‘‘§ 707. Attorney’s fees and costs in appeals
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‘‘In the case that an agency appeals a ruling of a
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court under this chapter, and does not prevail in the ap-
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peal, the court shall award reasonable attorney’s fees and
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costs to the prevailing party. Such award shall be paid
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out of the administrative budget of the office in the agency
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that filed the appeal.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
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for chapter 7 of title 5 is amended by inserting after the
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item related to section 706 the following:
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‘‘707. Attorney’s fees and costs in appeals.’’.
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