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.

Bill: 117-hr-415
Sponsor: full_name: Rep. Posey, Bill [R-FL-8]
Introduced: 2021-01-21
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Judicial review and appeals

Legal fees and court costs
Latest action: action_date: 2021-03-05
text: Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.

Summaries:
action_date: 2021-01-21
action_desc: Introduced in House
text: <p>This bill revises requirements governing judicial review of federal agency action. If an agency does not prevail in an appeal of a court ruling, then the court must award the prevailing party reasonable attorney's fees and costs. The award must be paid out of the administrative budget of the office in the agency that filed the appeal.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 415 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 purposes.

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. .