B-175428, JUN 1, 1972, 51 COMP GEN 784

B-175428, JUN 1, 1972, 51 COMP GEN 784

DISTRICT OF COLUMBIA - COURTS - EXPENSE REIMBURSEMENT TO UNITED STATES THE PHRASE "ALL OTHER MISCELLANEOUS EXPENSES" IN SECTION 173(B) OF THE DISTRICT OF COLUMBIA (D.C.) COURT REFORM AND CRIMINAL PROCEDURE ACT OF 1970, WHICH AMENDS THE ACT OF JUNE 30, 1906 THAT PROVIDED FOR REIMBURSING THE UNITED STATES A PERCENTAGE OF EXPENDITURES MADE FOR THE EXPENSES OF THE U.S. DISTRICT COURT FOR D.C. (47 U.S.C. 204), TO PRESCRIBE A 30-MONTH PHASE-OUT PERIOD OF THE REIMBURSEMENT PROCEDURE AT REDUCED PERCENTAGE RATES, IS CONSTRUED TO INCLUDE REIMBURSEMENT FOR THE SALARIES OF THE U.S. DISTRICT COURT JUDGES, THE COURT CLERK AND OTHER NONJUDICIARY OR SUPPORT PERSONNEL, AND MAGISTRATES, AS WELL AS FEES AND EXPENSES OF COURT- APPOINTED COUNSEL, AND THE EXPENSES FOR WHICH THE FUNDS IN THE JUDICIARY APPROPRIATION ACTS ARE AVAILABLE, ON THE BASIS THAT FROM 1906 TO 1971, THE D.C. REIMBURSED THE U.S. PURSUANT TO 47 D.C. CODE 204 AND THE ANNUAL JUDICIARY APPROPRIATION ACT PROVISIONS, AND THE 1970 ACT ONLY PHASED OUT THE PROGRAM.

TO THE EXECUTIVE OFFICER, DISTRICT OF COLUMBIA COURTS, JUNE 1, 1972:

YOUR LETTER DATED MARCH 9, 1972, CONCERNS THE TYPE OF EXPENSES REQUIRED TO BE REIMBURSED TO THE UNITED STATES BY THE EXECUTIVE OFFICER OF THE DISTRICT OF COLUMBIA COURTS UNDER SECTION 47-204 OF THE DISTRICT OF COLUMBIA CODE. ON MARCH 30, 1972, WE WROTE TO THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, WHO IS RESPONSIBLE FOR PREPARING THE ESTIMATES OF EXPENDITURES NECESSARY FOR THE MAINTENANCE AND OPERATION OF THE UNITED STATES COURTS, FOR HIS VIEWS ON THE MATTER. THE DIRECTOR'S VIEWS WERE FURNISHED TO US IN A LETTER DATED APRIL 5, 1972.

SUBSECTION (B) OF SECTION 173 OF THE DISTRICT OF COLUMBIA COURT REFORM AND CRIMINAL PROCEDURE ACT OF 1970, PUBLIC LAW 91-358, 84 STAT. 473, 592, AMENDS SECTION 7 OF THE ACT OF JUNE 30, 1906, AS AMENDED, 47 D.C. CODE 204 (HENCEFORTH THE ACT), TO PROVIDE THAT DURING THE 30 MONTH PERIOD BEGINNING ON THE EFFECTIVE DATE OF THE ACT THE EXECUTIVE OFFICER OF THE DISTRICT OF COLUMBIA COURTS SHALL REIMBURSE THE UNITED STATES FOR CERTAIN EXPENDITURES MADE FOR THE EXPENSES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. REIMBURSEMENT IS TO BE AT A RATE OF 40 PERCENT OF SUCH EXPENDITURES FOR THE FIRST 18 MONTHS AND 20 PERCENT FOR THE REMAINDER OF THE PERIOD. THE EXPENDITURES FOR WHICH REIMBURSEMENT IS TO BE MADE, AS SET FORTH IN 47 D.C. CODE 204(A)(2), AS AMENDED BY THE 1970 ACT, ARE THOSE FOR "FEES OF WITNESSES, FEES OF JURORS, PAY OF BAILIFFS AND CRIERS (INCLUDING SALARIES OF DEPUTY MARSHALS WHO ACT AS BAILIFFS OR CRIERS), AND ALL OTHER MISCELLANEOUS EXPENSES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA."

YOU REQUEST A DECISION OF THIS OFFICE AS TO THE KIND OF EXPENSES CONTEMPLATED IN THE PHRASE "ALL OTHER MISCELLANEOUS EXPENSES" IN 47 D.C. CODE 204(A)(2). IN PARTICULAR YOU ASK:

(1) IS THE EXECUTIVE OFFICER OF THE DISTRICT OF COLUMBIA COURTS REQUIRED TO REIMBURSE THE UNITED STATES FOR A PERCENTAGE OF THE FOLLOWING:

(A) SALARIES OF UNITED STATES DISTRICT COURT JUDGES;

(B) SALARIES OF THE COURT CLERK AND OTHER NON-JUDICIAL OR SUPPORT PERSONNEL;

(C) SALARIES OF MAGISTRATES;

(D) FEES AND EXPENSES OF COURT-APPOINTED COUNSEL.

(2) WHAT EXPENSES ARE CONSIDERED "MISCELLANEOUS EXPENSES?"

A PROVISION SIMILAR TO THE ONE IN QUESTION WAS FIRST ENACTED IN SECTION 7 OF THE ACT OF JUNE 30, 1906, CH. 3914, 34 STAT. 763, AND AS AMENDED APPEARED IN 47 D.C. CODE 204. THIS CODE PROVISION, PRIOR TO ITS AMENDMENT BY THE ABOVE-CITED 1970 ACT, READ AS FOLLOWS:

SIXTY PER CENTUM OF THE EXPENDITURES FOR ALL OF THE EXPENSES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MENTIONED BELOW, TO WIT, FEES OF WITNESSES, FEES OF JURORS, PAY OF BAILIFFS AND CRIERS, INCLUDING SALARIES OF DEPUTY MARSHALS WHO ACT AS BAILIFFS OR CRIERS, AND ALL MISCELLANEOUS EXPENSES OF SAID COURT, SHALL BE REIMBURSED TO THE UNITED STATES FROM ANY FUNDS IN THE TREASURY TO THE CREDIT OF THE DISTRICT OF COLUMBIA: PROVIDED, THAT ESTIMATES FOR LIKE EXPENDITURES FOR EACH FISCAL YEAR SHALL BE SUBMITTED TO THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA FOR TRANSMISSION WITH THE ANNUAL ESTIMATES OF THE DISTRICT OF COLUMBIA.

PURSUANT TO 28 U.S.C. 601 ET SEQ., THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS IS REQUIRED TO PAY CERTAIN EXPENSES OF THE UNITED STATES COURTS. THE APPLICABLE JUDICIARY APPROPRIATION ACTS MAKE FUNDS AVAILABLE FOR THIS PURPOSE. FROM 1906 TO 1971, THE DISTRICT OF COLUMBIA HAS BEEN REQUIRED, BY THE PROVISIONS OF 47 D.C. CODE 204 AND BY PROVISIONS CONSISTENTLY INCLUDED IN THE FEDERAL JUDICIARY APPROPRIATION ACTS, TO REIMBURSE TO THE UNITED STATES A PERCENTAGE OF THESE EXPENDITURES MADE FOR THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA. SEE FOR EXAMPLE, SECTION 402 OF THE JUDICIARY APPROPRIATION ACT, 1971, PUBLIC LAW 91-472, DATED OCTOBER 21, 1970, 84 STAT. 1057, WHICH PROVIDES:

SEC. 402. SIXTY PER CENTUM OF THE EXPENDITURES FOR THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA FROM ALL APPROPRIATIONS UNDER THIS TITLE AND 30 PER CENTUM OF THE EXPENDITURES FOR THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA FROM ALL APPROPRIATIONS UNDER THIS TITLE SHALL BE REIMBURSED TO THE UNITED STATES FROM ANY FUNDS IN THE TREASURY TO THE CREDIT OF THE DISTRICT OF COLUMBIA.

THE APPROPRIATIONS IN THIS AND SIMILAR ACTS WERE AVAILABLE TO PAY THE SALARIES OF JUDGES, THE SALARIES OF SUPPORTING PERSONNEL, FEES AND EXPENSES OF COURT-APPOINTED COUNSEL, FEES OF JURORS, AND TRAVEL AND OTHER MISCELLANEOUS EXPENSES.

AS NOTED, SINCE 1906, THE LAW HAS CONTAINED REIMBURSEMENT PROVISIONS, IN ONE FORM OR ANOTHER, SIMILAR TO THOSE IN THE 1970 DISTRICT OF COLUMBIA COURT ACT. IT IS REASONABLE TO ASSUME FROM THIS THAT THE CONGRESS WAS AWARE, AND APPROVED, OF THE INTERPRETATION WHICH HAD CONSISTENTLY BEEN GIVEN TO THESE PROVISIONS BY THE DISTRICT OF COLUMBIA AND THE APPROPRIATE FEDERAL AGENCY. ALTHOUGH THE LEGISLATIVE HISTORY OF THE 1970 ACT DOES NOT DISCUSS OR EXPLAIN THE PHRASE "MISCELLANEOUS EXPENSES," IN THE ABSENCE OF LEGISLATIVE HISTORY TO THE CONTRARY, WE MUST ASSUME THAT CONGRESS INTENDED THAT THE PHRASE "ALL OTHER MISCELLANEOUS EXPENSES" IN THE 1970 ACT SHOULD BE GIVEN THE SAME INTERPRETATION THAT IT HAS HAD SINCE 1906. IN OTHER WORDS, IT IS OUR VIEW THAT IN ENACTING SECTION 173(B) OF THE 1970 ACT, THE CONGRESS DID NOT INTEND TO CAUSE ANY CHANGE - EXCEPT AS TO THE GRADUAL PHASE OUT THEREOF - IN THE REIMBURSEMENT PROCEDURE WHICH HAS BEEN IN EFFECT SINCE 1906. THUS, WE NOTE THAT THE FIRST SECTION OF 47 D.C. CODE 204(A) CONTINUES IN EFFECT, UNTIL THE DAY BEFORE THE EFFECTIVE DATE OF THE ACT, THE SAME REIMBURSEMENT PROCEDURE AT THE SAME PERCENTAGE RATE (I.E., 60 PERCENT) THAT HAD BEEN REQUIRED BY THE FORMER PROVISIONS OF 47 D.C. CODE 204 AND THE MOST RECENT APPROPRIATION PROVISIONS AND THAT THE CHANGE IN THIS PROCEDURE AFTER THE EFFECTIVE DATE OF THE ACT IS THE GRADUAL PHASE OUT OF THAT PROCEDURE OVER THE SUCCEEDING 30-MONTH PERIOD. IN THIS REGARD, THE DIRECTOR OF THE ADMINISTRATIVE OFFICE STATES THAT SINCE THE ENACTMENT OF THE PROVISION IN THE 1906 ACT, THE PHRASE "MISCELLANEOUS EXPENSES" HAS BEEN INTERPRETED BY BOTH THE DISTRICT OF COLUMBIA AND THE UNITED STATES JUDICIARY TO INCLUDE THE COMPENSATION OF UNITED STATES JUDGES SITTING IN THE DISTRICT OF COLUMBIA.

ACCORDINGLY, WE FEEL THAT DURING THE 30-MONTH DESIGNATED PHASE OUT OF THE SCHEME OF REIMBURSEMENT, THE EXECUTIVE OFFICER OF THE DISTRICT OF COLUMBIA COURTS IS REQUIRED TO REIMBURSE THE UNITED STATES, IN THE PERCENTAGES PROVIDED BY THE LAW, FOR EXPENDITURES MADE FOR THOSE TYPES OF EXPENSES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FOR WHICH, PURSUANT TO 47 D.C. CODE 204 (PRIOR TO ITS AMENDMENT BY THE 1970 ACT) AND THE ANNUAL JUDICIARY APPROPRIATION ACT PROVISIONS, IT HAS TRADITIONALLY REIMBURSED THE UNITED STATES. THIS WOULD APPEAR TO INCLUDE THE SALARIES OF THE UNITED STATES DISTRICT COURT JUDGES, SALARIES OF THE COURT CLERK AND OTHER NONJUDICIARY OR SUPPORT PERSONNEL, SALARIES OF MAGISTRATES, FEES AND EXPENSES OF COURT APPOINTED COUNSEL, AND OTHER EXPENSES FOR WHICH THE FUNDS APPROPRIATED IN THE JUDICIARY APPROPRIATION ACTS ARE AVAILABLE. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY. A COPY OF THIS DECISION IS BEING SENT TO THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.