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119-hr-5477119th Congress

Litigation Reimbursement Act

Sponsored By: Representative McCormick, Richard [R-GA-7]

Introduced

Summary

Mandatory fee-shifting is the bill’s core change. It would require courts to award reasonable attorneys' fees and litigation costs to non‑government parties in federal criminal trials that go to verdict and do not result in a conviction, and it would make fee awards under the Equal Access to Justice Act mandatory in covered civil cases.

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  • People accused in federal criminal trials who go to trial and are not convicted would be entitled to court-ordered repayment of attorneys' fees and other litigation expenses. The bill updates an existing 1998 provision and ties eligibility to cases pending on or after the Act's enactment and to fiscal year 2026.
  • Nonfederal parties who prevail in civil cases under the Equal Access to Justice Act would automatically receive costs and fees instead of relying on a judge's discretion.
  • The federal government would face more mandatory payouts because courts must award fees in these criminal and civil situations rather than treating awards as discretionary.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Civil cases: required fee awards

If enacted, courts would be required to award costs and attorney fees under the Equal Access to Justice Act. The bill changes "may be awarded" to "shall be awarded" in the law. You could receive these fees if you are a prevailing party covered by 28 U.S.C. 2412. This would take effect upon enactment.

Legal fees after a non-conviction verdict

If enacted, courts would have to award your attorney fees and costs if you win at a federal criminal trial and the verdict is not a conviction. Awards would go to the prevailing party, not the United States. This would apply only to cases that go to trial. It would cover cases pending on or after the date of enactment. The bill also updates a cross-reference from fiscal year 1998 to fiscal year 2026.

Sponsors & CoSponsors

Sponsor

McCormick, Richard [R-GA-7]

GA • R

Cosponsors

  • Rep. Ezell, Mike [R-MS-4]

    MS • R

    Sponsored 9/18/2025

Roll Call Votes

No roll call votes available for this bill.

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