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GAO-09-367R 1 (2009-03-31)

handle is hein.gao/gaobaanmr0001 and id is 1 raw text is: I GA 0 LT.WX11M§= Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 March 31, 2009 The Honorable Daniel K. Inouye Chairman The Honorable Thad Cochran Vice Chairman Committee on Appropriations United States Senate The Honorable David R. Obey Chairman The Honorable Jerry Lewis Ranking Member Committee on Appropriations House of Representatives Subject: Review of Special Counsel Expenses for the 6 Months Ended September 30, 2008 This report presents the results of our review of the expenses of the Office of Special Counsel-Patrick J. Fitzgerald (OSC-Fitzgerald) for the 6 months ended September 30, 2008. The expenses we reviewed were those made by the Department of Justice (DOJ) between April 1, 2008, and September 30, 2008, from the permanent, indefinite appropriation (fund) for OSC-Fitzgerald. To determine if there were additional payments made subsequent to the 6-month period covered by our review, we also reviewed expenses paid out of the fund between October 1, 2008, and February 28, 2009. DOJ determined that the appropriation established by Public Law 100-202'to fund expenses by independent counsels pursuant to the independent counsel law or other law is available to fund the expenses of U.S. Attorney Patrick J. Fitzgerald, who was appointed as a special counsel within the Department of Justice by the then-Acting Attorney General.2 Under this law, we are required to perform semiannual financial reviews of expenses from the fund, and, we report our findings to the House and Senate 'The permanent, indefinite appropriation was established by Pub. L. No. 100-202, § 10 1(a), title II, 101 Stat. 1329, 1329-9 (Dec. 22, 1987), 28 U.S.C. § 591 note. 2 We reviewed the legal authority for the Department of Justice to use the permanent, indefinite appropriation to fund the expenses relating to Special Counsel Fitzgerald's investigation and, in our opinion to the Chairmen of the House and Senate Appropriations Committees, concluded that such use was not an illegal, improper, or unauthorized use of the appropriation. B-302582 (Sept. 30, 2004). GAO-09-367R Special Counsel Expenses Page I

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