Text: H.R.4002 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in House (10/10/2017)


115th CONGRESS
1st Session
H. R. 4002


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.


IN THE HOUSE OF REPRESENTATIVES

October 10, 2017

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 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:

§ 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”.