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B-302582 1 (2004-09-30)

handle is hein.gao/gaocrptapqk0001 and id is 1 raw text is: SGAO Accountability * Integrity Reliability United States Government Accountability Office Washington, DC 20548 B-302582 September 30, 2004 The Honorable Ted Stevens Chairman Committee on Appropriations The Honorable Robert C. Byrd Ranking Minority Member Committee on Appropriations United States Senate The Honorable C.W. Bill Young Chairman Committee on Appropriations The Honorable David Obey Ranking Minority Member Committee on Appropriations House of Representatives Subject: Special Counsel and Permanent Indefinite Appropriation The Government Accountability Office (GAO) is required to audit twice a year the expenditures by independent counsels and certain special counsels paid from the permanent indefinite appropriation.' In the course of auditing independent counsel expenditures for the period ending March 31, 2004, we learned that the Department of Justice was using the permanent indefinite appropriation to pay the expenses of the investigation by Special Counsel Patrick J. Fitzgerald. Mr. Fitzgerald continued to perform his duties as a U.S. Attorney after his appointment as Special Counsel. This is the first time that the expenses of an investigation by a United States Attorney 'The independent counsel law expired in July 1999, although it continues in effect with respect to matters pending before previously appointed independent counsels. 28 U.S.C. § 599, as amended by Pub. L. No. 103-270, § 2, 108 Stat. 732 (June 30, 1994). Section 596(c) of title 28 of the United States Code requires covered independent counsels to report on their expenditures on a semiannual basis and requires GAO to audit these statements. In addition, the permanent indefinite appropriation established by Pub. L. No. 100-202, § 101(a), title II, 101 Stat. 1329, 1329-9 (1987), 28 U.S.C. § 591 note (2000), requires us to perform semiannual financial reviews of the expenditures from the permanent indefinite appropriation.

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