Litigation Reimbursement Act

H.R. 5477, the Litigation Reimbursement Act, would overhaul how attorney’s fees and certain costs are treated in federal legal proceedings. The bill, introduced by Mr. McCormick (with Mr. Ezell) and referred to the Judiciary Committee, would (1) mandate that courts award reasonable attorney’s fees and other litigation expenses to a prevailing party (other than the United States) in federal criminal cases that go to trial and end with a verdict that is not a conviction (e.g., acquittal), and (2) make certain civil-fee/cost provisions mandatory rather than discretionary by amending the Equal Access to Justice Act (EAJA) at 28 U.S.C. 2412 to require awarding costs and fees to the prevailing party in civil cases. The bill would apply to cases pending on or after enactment (and to criminal cases beginning in fiscal year 2026 and later), and would specify that the government must fund these fee awards.