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B-290712 1 (2002-08-14)

handle is hein.gao/gaocrptaogv0001 and id is 1 raw text is: 




         GAO
,Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548



         B-290712


         August 14, 2002

         The Honorable Christopher J. Dodd
         Chairman, Subcommittee on Western Hemisphere,
           Peace Corps, and Narcotics Affairs
         Committee on Foreign Relations
         United States Senate

         Subject: Duration of Recess Appointment

         Dear Mr. Chairman:

         This responds to your letter dated May 29, 2002, requesting our opinion concerning
         the duration of the recess appointment of Mr. Otto J. Reich to the position of
         Assistant Secretary of State for Western Hemisphere Affairs. For the reasons set
         forth below, we conclude that this recess appointment, made before the start of the
         second session of the 107' Congress, will expire at the end of the second session of
         the 107th Congress.

         BACKGROUND

         On January 11, 2002, the President made a recess appointment of Mr. Reich as
         Assistant Secretary of State for Western Hemisphere Affairs after both Houses of the
         Congress had adjourned sine die' on December 20, 2001. Since the Senate had
         agreed to adjourn sine die, then the date specified by the joint resolution,'
         December 20, 2001, marked the end of the Senate session. B-288581, Nov. 19, 2001.

         On January 23, 2002, the Senate reconvened for the second session of the 107h
         Congress. Pub. L. No. 107-98, Dec. 21, 2001, 115 Stat. 961. Thus, Mr. Reich received


         'Adjournment sine die literally means adjournment without day, a reference to the
         fact that the Houses are adjourning until the next session of Congress and not to a
         specified date within the current session of Congress. See Black's Law Dictionary
         1390 (7th ed. 1999) and Congressional Research Service, Lame Duck Sessions,
         74th-106 Congress, 98-872 GOV, at 1 (2001).


2H.R. Con. Res. 295, 107' Cong. (2001) (enacted).

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