I 115th CONGRESS 1st Session H. R. 4002 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.

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 .