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B-231513 1 (1990-01-16)

handle is hein.gao/gaobadnqz0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Drug Enforcement Agency - Source for Payment of Expert's Fee in Segar v. Civiletti File: B-231513 Date: January 16, 1990 DIGEST A court order finding defendant agency guilty of discrim- ination and directing the specific administrative action of developing new, nondiscriminatory employment systems is not a money judgment for which 31 U.S.C. S 1304, the Judgment Fund, is available as a source of funding. The fees and expenses of an expert paid for by defendant agency to help develop the new systems were neither *costs of the litigation nor part of the plaintiffs' attorney fees. Accordingly, the expert's fees and expenses are properly paid for out of agency appropriations, not the Judgment Fund. DECISION The question in this case is whether the cost of an expert hired in order to effectuate several court orders in a case arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. S 2000e-16, may be paid from 31 U.S.C. S 1304, the Judgment Fund.l/ The fees and expenses of the expert selected to help implement specific administrative actions that the court ordered defendants to perform do not constitute a money judgment for which the Judgment Fund is available. The expert's fees and expenses do not qualify as costs of the litigation nor as part of plaintiffs' attorney fees. Accordingly, they are properly payable from agency appropriations. 1/ This responds to a letter dated May 18, 1988, from the United States Attorney for the District of Columbia concerning Segar v. Meese, USDC, D.C. Civil Action No. 77-0081. CP-4-bL[-7q/ / L 3

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