September 18, 2025
Mr. McCormick (for himself and Mr. Ezell) introduced the following bill; which was referred to the Committee on the Judiciary
To direct courts to award attorneys fees in criminal cases that do not result in a conviction, and for other purposes.
Section 1. Short title
This Act may be cited as the Litigation Reimbursement Act
.
Sec. 2. Award of attorneys fees required in criminal cases that do not result in a conviction
Section 617 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (18 U.S.C. 3006A note) is amended—
(1)
by striking fiscal year 1998
and inserting fiscal year 2026
;
(2)
by striking pending on or after the date of the enactment of this Act
and inserting pending on or after the date of the enactment of the Litigation Reimbursement Act
; and
(3)
by striking may award to a prevailing party, other than the United States, a reasonable attorney's fee and other litigation expenses, where the court finds that the position of the United States was vexatious, frivolous, or in bad faith,
and inserting shall award to a prevailing party, other than the United States, a reasonable attorney’s fee and other litigation expenses, in any case that proceeds to trial and with respect to which a verdict is rendered by the judge or jury that is not a conviction,
.
Sec. 3. Award of costs and fees required in civil cases
Section 2412 of title 28, United States Code, is amended—
(1)
in subsection (a), by striking may be awarded
and inserting shall be awarded
; and
(2)
in subsection (b), by striking may be awarded
and inserting shall be awarded
.