Award of Attorney's Fees Certified For Payment From the Permanent Judgement Appropriation

B-217990: Published: Nov 29, 1984. Publicly Released: Nov 29, 1984.

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The issue presented by this case is whether an award of attorney’s fees against the United States made under the authority of Rule 37 of the Federal Rules of Civil Procedure (FRCP) may be verified for payment from the permanent judgment appropriation, 31 U.S.C. 1304. Rule 37 authorizes the imposition of sanctions, including the award of attorney's fees, for certain specified abuses of discovery. GAO found that 28 U.S.C. 2412(b)(1982) permits fee awards against the United States under FRCP Rule 37. In cases which do not involve findings of bad faith, the awards are payable from the judgment appropriation. The award may therefore be certified for payment if otherwise proper.