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B-316655 1 (2008-10-29)

handle is hein.gao/gaobadaqd0001 and id is 1 raw text is: 


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       Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


         B-316655


         October 29, 2008

         The Honorable Howard  L. Berman
         Chairman, Committee  on Foreign Affairs
         House  of Representatives

         The Honorable Robert Menendez
         Chairman, Subcommittee  on International
         Development   and Foreign Economic Affairs,
         and  International Environmental Protection
         Committee  on Foreign Relations
         United States Senate

         The Honorable Daniel K. Akaka
         Chairman, Subcommittee  on Oversight of Government
         Management,   the Federal Workforce, and
         the  District of Columbia
         Committee  on Homeland  Security and Governmental Affairs
         United States Senate

         Subject: Delegation of Authorities to the Director of Foreign Assistance

         This opinion responds to your letter of September 10, 2007, in which you asked us, as
         part of a larger overall review of the Office of the Director of Foreign Assistance's
         activities, to review the legality of the delegation of authorities of the Secretary of
         State and the President to the Director of Foreign Assistance (DFA). The creation of
         the DFA represented a significant structural change to the organization of U.S.
         foreign assistance. As a result, some Members of Congress questioned the propriety
         of the delegation of certain functions Congress had previously conferred by statute
         upon the President and the Secretary to the DFA, a position that does not receive
         Senate confirmation.

         Our practice when rendering legal opinions includes obtaining the views of the
         relevant agency to establish a factual record and to elicit the agency's legal position

         'Nomination  of Ambassador  Randall Tobias: Hearing Before the Committee on
         Foreign Relations, 109th Congress, 2nd Session (2006) (questions for the record
         submitted to Ambassador Randall Tobias by Senator Joseph Biden).
         2id.

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