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[Decision Concerning Appeal of Claims Group's Determination That DIS Use Appropriated Funds to Pay Attorney's Fees and Costs]

B-231771 Dec 07, 1988
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Highlights

The Defense Investigative Service (DIS) appealed a GAO determination requiring it to use its own appropriated funds to pay attorney fees and certain costs included in a settlement with an employee. DIS contended that the employee should receive payment from the permanent judgment appropriation, since the Equal Access to Justice Act (EAJA), requiring payment from agency funds, did not apply. GAO held that: (1) a judicial determination, which the parties incorporated into the settlement, held that EAJA was applicable; and (2) certain costs were payable from the permanent judgment fund. Accordingly, the original decision was affirmed with respect to attorney fees, and DIS could receive reimbursement from the permanent judgment fund for certain costs.

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