NAAUSA plans to ask DOJ to reimburse the bar dues of AUSAs, in light of GAO appropriations law decisions that allow agencies to use appropriated funds to reimburse annual mandatory bar dues of attorneys.

In an August 2004 decision, In re Scope of Professional Credentials Statute, B-302548 (GAO Aug. 20, 2004), as well as a related decision GAO issued in October 2002, Pension Benefit Guaranty Corp. - Court Admission Fees, B-289219 (GAO Oct. 29, 2002). 

As discussed in both decisions, payment of bar exam fees, annual mandatory bar dues, and the like was prohibited until December 2001 under the general rule that the government cannot, absent specific statutory authority, pay an employee's personal expenses related to qualifying for office.  Section 1112 of Pub. L. No. 107-107, enacted in December 2001, created such specific statutory authority by adding 5 USC 5757.  Under that provision, agencies are now authorized to reimburse certain expenses required to obtain and maintain mandatory professional credentials. 

NAAUSA has purchased the 2006 ABA publication on state and local bar dues and will be calculating the cost to the DOJ of paying for bar dues of all AUSAs. In almost every case, the annual cost of bar dues exceeds the annual cost of NAAUSA dues.

As the 2004 decision makes clear (the decision actually dealt with CPA association fees rather than bar dues), the statute does not create an entitlement to such reimbursement; it only allows agencies to consider such expenses as payable from agency appropriations if the agency chooses to cover them.  The decision also makes clear that agencies may only consider paying fees for mandatory certifications; agencies may not, for example, reimburse fees for membership in voluntary groups such as NAAUSA. 

GAO has implemented this statutory authority by electing to reimburse mandatory bar dues and certain other mandatory professional certification costs of its employees because it has determined that these certifications are necessary to carry out GAO's mission.