US Code

Public Law 119-87 (04/30/2026)

28 U.S.C. § 2412

Costs and fees

(a)
(1)
section 1920 of this title Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in , but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation.
(2)
section 1914(a) of this title A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under . The preceding sentence shall not be construed as requiring the United States to pay any filing fee.
(b)
Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides for such an award.
(c)
(1)
Any judgment against the United States or any agency and any official of the United States acting in his or her official capacity for costs pursuant to subsection (a) shall be paid as provided in sections 2414 and 2517 of this title and shall be in addition to any relief provided in the judgment.
(2)
Any judgment against the United States or any agency and any official of the United States acting in his or her official capacity for fees and expenses of attorneys pursuant to subsection (b) shall be paid as provided in sections 2414 and 2517 of this title, except that if the basis for the award is a finding that the United States acted in bad faith, then the award shall be paid by any agency found to have acted in bad faith and shall be in addition to any relief provided in the judgment.
(d)
(1)
(A)
Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.
(B)
A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party and is eligible to receive an award under this subsection, and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.
(C)
The court, in its discretion, may reduce the amount to be awarded pursuant to this subsection, or deny an award, to the extent that the prevailing party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy.
(D)
section 504(a)(4) of title 5 If, in a civil action brought by the United States or a proceeding for judicial review of an adversary adjudication described in , the demand by the United States is substantially in excess of the judgment finally obtained by the United States and is unreasonable when compared with such judgment, under the facts and circumstances of the case, the court shall award to the party the fees and other expenses related to defending against the excessive demand, unless the party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. Fees and expenses awarded under this subparagraph shall be paid only as a consequence of appropriations provided in advance.
(2)
For the purposes of this subsection—
(A)
“fees and other expenses” includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court to be necessary for the preparation of the party’s case, and reasonable attorney fees (The amount of fees awarded under this subsection shall be based upon prevailing market rates for the kind and quality of the services furnished, except that (i) no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the United States; and (ii) attorney fees shall not be awarded in excess of $125 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.);
(B)
26 U.S.C. 501(c)(3)12 U.S.C. 1141j(a)section 601 of title 5 “party” means (i) an individual whose net worth did not exceed $2,000,000 at the time the civil action was filed, or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and which had not more than 500 employees at the time the civil action was filed; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 () exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (), may be a party regardless of the net worth of such organization or cooperative association or for purposes of subsection (d)(1)(D), a small entity as defined in ;
(C)
“United States” includes any agency and any official of the United States acting in his or her official capacity;
(D)
“position of the United States” means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the civil action is based; except that fees and expenses may not be awarded to a party for any portion of the litigation in which the party has unreasonably protracted the proceedings;
(E)
“civil action brought by or against the United States” includes an appeal by a party, other than the United States, from a decision of a contracting officer rendered pursuant to a disputes clause in a contract with the Government or pursuant to chapter 71 of title 41;
(F)
“court” includes the United States Court of Federal Claims and the United States Court of Appeals for Veterans Claims;
(G)
“final judgment” means a judgment that is final and not appealable, and includes an order of settlement;
(H)
“prevailing party”, in the case of eminent domain proceedings, means a party who obtains a final judgment (other than by settlement), exclusive of interest, the amount of which is at least as close to the highest valuation of the property involved that is attested to at trial on behalf of the property owner as it is to the highest valuation of the property involved that is attested to at trial on behalf of the Government; and
(I)
“demand” means the express demand of the United States which led to the adversary adjudication, but shall not include a recitation of the maximum statutory penalty (i) in the complaint, or (ii) elsewhere when accompanied by an express demand for a lesser amount.
(3)
section 504 of title 5 In awarding fees and other expenses under this subsection to a prevailing party in any action for judicial review of an adversary adjudication, as defined in subsection (b)(1)(C) of , or an adversary adjudication subject to chapter 71 of title 41, the court shall include in that award fees and other expenses to the same extent authorized in subsection (a) of such section, unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award unjust.
(4)
Fees and other expenses awarded under this subsection to a party shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise.
(5)
(A)
Not later than March 31 of the first fiscal year beginning after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection.
(B)
Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards.
(C)
(i)
Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision.
(ii)
The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement.
(D)
The Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report—
(i)
section 1304 of title 31 any amounts paid under for a judgment in the case;
(ii)
the amount of the award of fees and other expenses; and
(iii)
the statute under which the plaintiff filed suit.
(6)
As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, the following information:
(A)
The case name and number, hyperlinked to the case, if available.
(B)
The name of the agency involved in the case.
(C)
The name of each party to whom the award was made as such party is identified in the order or other court document making the award.
(D)
A description of the claims in the case.
(E)
The amount of the award.
(F)
The basis for the finding that the position of the agency concerned was not substantially justified.
(7)
The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order.
(8)
The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).
(e)
section 1920 of this title The provisions of this section shall not apply to any costs, fees, and other expenses in connection with any proceeding to which section 7430 of the Internal Revenue Code of 1986 applies (determined without regard to subsections (b) and (f) of such section). Nothing in the preceding sentence shall prevent the awarding under subsection (a) of this section of costs enumerated in (as in effect on ).
(f)
section 1961(a) of this title If the United States appeals an award of costs or fees and other expenses made against the United States under this section and the award is affirmed in whole or in part, interest shall be paid on the amount of the award as affirmed. Such interest shall be computed at the rate determined under , and shall run from the date of the award through the day before the date of the mandate of affirmance.

June 25, 1948, ch. 646 62 Stat. 973 Pub. L. 89–507, § 180 Stat. 308 Pub. L. 96–481, title II, § 204(a)94 Stat. 2327 Pub. L. 97–248, title II, § 292(c)96 Stat. 574 Pub. L. 99–8099 Stat. 184 Pub. L. 99–514, § 2100 Stat. 2095 Pub. L. 102–572, title III, § 301(a)106 Stat. 4511–4513 Pub. L. 104–66, title I, § 1091(b)109 Stat. 722 Pub. L. 104–121, title II, § 232110 Stat. 863 Pub. L. 105–368, title V, § 512(b)(1)(B)112 Stat. 3342 Pub. L. 111–350, § 5(g)(9)124 Stat. 3848 Pub. L. 116–9, title IV, § 4201(a)(2)133 Stat. 763 (, ; , , ; , (c), , , 2329; , , ; , §§ 2, 6, , , 186; , , ; , title V, §§ 502(b), 506(a), title IX, § 902(b)(1), , , 4516; , , ; , , ; , , ; , , ; , (3), , , 764.)

Historical and Revision Notes

Mar. 3, 1911, ch. 231, § 152 36 Stat. 1138 Aug. 2, 1946, ch. 753, § 410(a) 60 Stat. 843 Based on title 28, U.S.C., 1940 ed., §§ 258, 931(a) (, ; , ).

section 931(a) of title 28Section consolidates the last sentence of , U.S.C., 1940 ed., with section 258 of said title 28. For other provisions of said section 931(a), see Distribution Table.

Subsection (a) is new. It follows the well-known common-law rule that a sovereign is not liable for costs unless specific provision for such liability is made by law. This is a corollary to the rule that a sovereign cannot be sued without its consent.

section 548 of title 28Many enactments of Congress relating to fees and costs contain specific exceptions as to the liability of the United States. (See, for example, , U.S.C., 1940 ed.) A uniform rule, embodied in this section, will make such specific exceptions unnecessary.

section 258 of title 28Subsection (b) incorporates , U.S.C., 1940 ed.

section 931(a) of title 28Subsection (c) incorporates the costs provisions of , U.S.C., 1940 ed.

Words “and for summoning the same,” after “witnesses,” were omitted from subsection (b) as covered by “those actually incurred for witnesses.”

Changes were made in phraseology.

Editorial Notes

References in Text

Pub. L. 116–9The date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, referred to in subsec. (d)(5)(A) and (6), is the date of enactment of , which was approved .

section 7430 of Title 26Section 7430 of the Internal Revenue Code of 1986, referred to in subsec. (e), is classified to , Internal Revenue Code.

Amendments

Pub. L. 116–9, § 4201(a)(3)(A)2019—Subsec. (d)(3). , struck out “United States Code,” after “title 5,”.

Pub. L. 116–9, § 4201(a)(2)Subsec. (d)(5) to (8). , added pars. (5) to (8).

Pub. L. 116–9, § 4201(a)(3)(B)section 1920 of this titlesection 2412 of title 28Subsec. (e). , substituted “subsection (a) of this section of costs enumerated in ” for “subsection (a) of , United States Code, of costs enumerated in section 1920 of such title”.

Pub. L. 111–350, § 5(g)(9)(A)2011—Subsec. (d)(2)(E). , substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978”.

Pub. L. 111–350, § 5(g)(9)(B)Subsec. (d)(3). , substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978”.

Pub. L. 105–3681998—Subsec. (d)(2)(F). substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

Pub. L. 104–121, § 232(a)1996—Subsec. (d)(1)(D). , added subpar. (D).

Pub. L. 104–121, § 232(b)(1)Subsec. (d)(2)(A)(ii). , substituted “$125” for “$75”.

Pub. L. 104–121, § 232(b)(2)section 601 of title 5Subsec. (d)(2)(B). , inserted before semicolon at end “or for purposes of subsection (d)(1)(D), a small entity as defined in ”.

Pub. L. 104–121, § 232(b)(3)Subsec. (d)(2)(I). –(5), added subpar. (I).

Pub. L. 104–661995—Subsec. (d)(5). struck out par. (5) which read as follows: “The Attorney General shall report annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information which may aid the Congress in evaluating the scope and impact of such awards.”

Pub. L. 102–572, § 301(a)1992—Subsec. (a). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 102–572, § 902(b)(1)Subsec. (d)(2)(F). , substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 102–573, § 506(a), inserted before semicolon at end “and the United States Court of Veterans Appeals”.

Pub. L. 102–572, § 502(b)section 604 of this titleSubsec. (d)(5). , substituted “The Attorney General shall report annually to the Congress on” for “The Director of the Administrative Office of the United States Courts shall include in the annual report prepared pursuant to ,”.

Pub. L. 99–5141986—Subsecs. (d)(2)(B), (e). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Pub. L. 99–80, § 2(a)(1)1985—Subsecs. (a), (b). , substituted “or any agency or any official of the United States” for “or any agency and any official of the United States”.

Pub. L. 99–80, § 6Pub. L. 96–481, § 204(c)Subsec. (d). , repealed amendment made by , and provided that subsec. (d) was effective on or after , as if it had not been repealed by section 204(c). See 1980 Amendment note and Revival of Previously Repealed Provisions note below.

Pub. L. 99–80, § 2(a)(2)Subsec. (d)(1)(A). , inserted “, including proceedings for judicial review of agency actions,” after “in tort)”.

Pub. L. 99–80, § 2(b)Subsec. (d)(1)(B). , inserted provisions directing that whether or not the position of the United States was substantially justified must be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action was based) which is made in the civil action for which fees and other expenses are sought.

Pub. L. 99–80, § 2(c)(1)26 U.S.C. 501(c)(3)12 U.S.C. 1141j(a)26 U.S.C. 501(c)(3)12 U.S.C. 1141j(a)Subsec. (d)(2)(B). , substituted “$2,000,000” for “$1,000,000” in cl. (i), and substituted “or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the civil action was filed, and which had not more than 500 employees at the time the civil action was filed; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 () exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (), may be a party regardless of the net worth of such organization or cooperative association;” for “(ii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization whose net worth did not exceed $5,000,000 at the time the civil action was filed, except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 () exempt from taxation under section 501(a) of the Code and a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (), may be a party regardless of the net worth of such organization or cooperative association, or (iii) a sole owner of an unincorporated business, or a partnership, corporation, association, or organization, having not more than 500 employees at the time the civil action was filed; and”.

Pub. L. 99–80, § 2(c)(2)Subsec. (d)(2)(D) to (H). , added subpars. (D) to (H).

Pub. L. 99–80, § 2(d)Subsec. (d)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows:

“(A) Fees and other expenses awarded under this subsection may be paid by any agency over which the party prevails from any funds made available to the agency, by appropriation or otherwise, for such purpose. If not paid by any agency, the fees and other expenses shall be paid in the same manner as the payment of final judgments is made in accordance with sections 2414 and 2517 of this title.

“(B) There is authorized to be appropriated to each agency for each of the fiscal years 1982, 1983, and 1984, such sums as may be necessary to pay fees and other expenses awarded pursuant to this subsection in such fiscal years.”

Pub. L. 99–80, § 2(e)Subsec. (f). , added subsec. (f).

Pub. L. 97–2481982—Subsec. (e). added subsec. (e).

Pub. L. 96–481, § 204(a)section 2517 of this titlePub. L. 96–481, § 204(c)1980—, designated existing provisions as subsec. (a), struck out provision that payment of a judgment for costs shall be as provided in section 2414 and for the payment of judgments against the United States, and added subsecs. (b) to (d). , repealed subsec. (d) eff. . See Effective Date of 1980 Amendment note below.

Pub. L. 89–507section 2517 of this titlesection 1346(b) of this title1966— empowered a court having jurisdiction to award judgment for costs, except as otherwise specifically provided by statute, to the prevailing party in any action brought by or against the United States or any agency or official of the United States acting in his official capacity, limited the judgment for costs when taxed against the Government to reimbursing in whole or in part the prevailing party for costs incurred by him in the litigation, required the payment of a judgment for costs to be as provided in section 2414 and for the payment of judgments against the United States and eliminated provisions which limited the liability of the United States for fees and costs to those cases in which liability was expressed provided for by Act of Congress, permitted the district court or the Court of Claims, in an action under section 1346(a) or 1491 of this title if the United States put in issue plaintiff’s right to recover, to allow costs to the prevailing party from the time of joining such issue, and which authorized the allowance of costs to the successful claimant in an action under .

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–368section 513 of Pub. L. 105–368section 7251 of Title 38Amendment by effective on first day of first month beginning more than 90 days after , see , set out as a note under , Veterans’ Benefits.

Effective Date of 1996 Amendment

Pub. L. 104–121section 233 of Pub. L. 104–121section 504 of Title 5Amendment by applicable to civil actions and adversary adjudications commenced on or after , see , set out as a note under , Government Organization and Employees.

Effective Date of 1992 Amendment

Pub. L. 102–572, title V, § 506(b)106 Stat. 4513

“The amendment made by subsection (a) [amending this section] shall apply to any case pending before the United States Court of Veterans Appeals [now United States Court of Appeals for Veterans Claims] on the date of the enactment of this Act [], to any appeal filed in that court on or after such date, and to any appeal from that court that is pending on such date in the United States Court of Appeals for the Federal Circuit.”
, , , provided that:

Pub. L. 102–572, title V, § 506(d)106 Stat. 4513

“This section [amending this section and enacting provisions set out under this section], and the amendment made by this section, shall take effect on the date of the enactment of this Act [].”
, , , provided that:

section 902(b)(1) of Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 102–572section 1101(a) of Pub. L. 102–572section 905 of Title 2Amendment by sections 301(a) and 502(b) of effective , see , set out as a note under , The Congress.

Effective Date of 1985 Amendment

Pub. L. 99–80section 7 of Pub. L. 99–80section 504 of Title 5Amendment by applicable to cases pending on or commenced on or after , but with provision for additional applicability to certain prior cases and to prior board of contracts appeals cases, see , set out as a note under , Government Organization and Employees.

Effective Date of 1982 Amendment

Pub. L. 97–248section 292(e)(1) of Pub. L. 97–248section 7430 of Title 26Amendment by applicable to civil actions or proceedings commenced after , see , set out as an Effective Date note under , Internal Revenue Code.

Effective Date of 1980 Amendment

section 204(a) of Pub. L. 96–481section 504(b)(1)(C) of Title 5section 208 of Pub. L. 96–481section 504 of Title 5Amendment by effective , and applicable to any adversary adjudication, as defined in , Government Organization and Employees, and any civil action or adversary adjudication described in this section which is pending on, or commenced on or after, such date, see , set out as an Effective Date note under .

Pub. L. 96–481, title II, § 204(c)94 Stat. 2329 Pub. L. 99–80, § 6(b)(2)99 Stat. 186 , , , which provided in part that effective , subsec. (d) of this section is repealed, except that the provisions of subsec. (d) shall continue to apply through final disposition of any adversary adjudication initiated before the date of repeal, was repealed by , , .

Effective Date of 1966 Amendment

Pub. L. 89–507, § 380 Stat. 308

section 2520 of this title“These amendments [amending this section and ] shall apply only to judgments entered in actions filed subsequent to the date of enactment of this Act []. These amendments shall not authorize the reopening or modification of judgments entered prior to the enactment of this Act.”
, , , provided that:

Revival of Previously Repealed Provisions

section 204(c) of Pub. L. 96–481section 204(c) of Pub. L. 96–481section 6 of Pub. L. 99–80section 504 of Title 5For revival of subsec. (d) of this section effective on or after , as if it had not been repealed by , and repeal of , see , set out as a note under , Government Organization and Employees.

Savings Provision

Pub. L. 96–481, title II, § 20694 Stat. 2330 Pub. L. 99–80, § 399 Stat. 186

“(a)
section 2412(d) of title 28section 204(a) of this title Except as provided in subsection (b), nothing in , United States Code, as added by , alters, modifies, repeals, invalidates, or supersedes any other provision of Federal law which authorizes an award of such fees and other expenses to any party other than the United States that prevails in any civil action brought by or against the United States.
“(b)
42 U.S.C. 406(b)(1)section 2412(d) of title 28section 2412(d) of title 28 Section 206(b) of the Social Security Act () shall not prevent an award of fees and other expenses under , United States Code. Section 206(b)(2) of the Social Security Act shall not apply with respect to any such award but only if, where the claimant’s attorney receives fees for the same work under both section 206(b) of that Act and , United States Code, the claimant’s attorney refunds to the claimant the amount of the smaller fee.”
, , , as amended by , , , provided that:

Authority of Court of Appeals for Veterans Claims to Award Fees Under Equal Access to Justice Act for Non-attorney Practitioners.

Pub. L. 107–330, title IV, § 403116 Stat. 2833

section 2412(d) of title 28“The authority of the United States Court of Appeals for Veterans Claims to award reasonable fees and expenses of attorneys under , United States Code, shall include authority to award fees and expenses, in an amount determined appropriate by the United States Court of Appeals for Veterans Claims, of individuals admitted to practice before the Court as non-attorney practitioners under subsection (b) or (c) of Rule 46 of the Rules of Practice and Procedure of the United States Court of Appeals for Veterans Claims.”
, , , provided that:

Nonliability of Judicial Officers for Costs

Pub. L. 104–317, title III, § 309(a)110 Stat. 3853

“Notwithstanding any other provision of law, no judicial officer shall be held liable for any costs, including attorney’s fees, in any action brought against such officer for an act or omission taken in such officer’s judicial capacity, unless such action was clearly in excess of such officer’s jurisdiction.”
, , , provided that:

Fee Agreements

Pub. L. 102–572, title V, § 506(c)106 Stat. 4513

Section 5904(d) of title 38section 2412(d) of title 28Section 5904(d) of title 38section 5904 of title 38section 2412(d) of title 28“, United States Code, shall not prevent an award of fees and other expenses under , United States Code. , United States Code, shall not apply with respect to any such award but only if, where the claimant’s attorney receives fees for the same work under both , United States Code, and , United States Code, the claimant’s attorney refunds to the claimant the amount of the smaller fee.”
, , , provided that: