B-91896, JUNE 27, 1950, 29 COMP. GEN. 519
Highlights
1950: REFERENCE IS MADE TO YOUR LETTER OF MAY 10. SINCE THE DATE OF YOUR LETTER THERE HAVE BEEN BROUGHT TO MY ATTENTION THE PROVISIONS OF REORGANIZATION PLAN NO. 5 OF 1950. BECAUSE OF THE REJECTION BY THE SENATE AND HOUSE OF REPRESENTATIVES OF RESOLUTIONS WHICH WOULD HAVE DISAPPROVED THE PLAN.
B-91896, JUNE 27, 1950, 29 COMP. GEN. 519
REDELEGATION OF DELEGATED AUTHORITY IN VIEW OF THE AUTHORITY CONFERRED UPON THE SECRETARY OF COMMERCE BY SECTION 2 OF REORGANIZATION PLAN NO. 5, EFFECTIVE MAY 24, 1950, IN ACCORDANCE WITH THE REORGANIZATION ACT OF 1949, TO AUTHORIZE THE PERFORMANCE OF ANY FUNCTION OF THE SECRETARY BY ANY OTHER OFFICER OR EMPLOYEE OF HIS DEPARTMENT, THE SECRETARY MAY DELEGATE TO SUBORDINATES THE AUTHORITY CONFERRED UPON HEADS OF DEPARTMENTS, UNDER SECTION 206 OF THE ACT OF JUNE 26, 1943, TO DESIGNATE OFFICERS AND EMPLOYEES TO ADMINISTER OATHS IN CONNECTION WITH FEDERAL EMPLOYMENT. 29 COMP. GEN. 386, MODIFIED.
COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, JUNE 27, 1950:
REFERENCE IS MADE TO YOUR LETTER OF MAY 10, 1950, ENCLOSING A MEMORANDUM FROM THE ACTING SOLICITOR OF THE DEPARTMENT OF COMMERCE, IN VIEW OF WHICH YOU REQUEST RECONSIDERATION OF OFFICE DECISION OF MARCH 22, 1950, B-91896, 29 COMP. GEN. 386, TO YOU, HOLDING THAT SECTION 12 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 809, DOES NOT PERMIT YOU TO DELEGATE TO SUBORDINATES THE AUTHORITY TO DESIGNATE OFFICERS AND EMPLOYEES TO ADMINISTER OATHS UNDER SECTION 206 OF THE ACT OF JUNE 26, 1943, 57 STAT. 196, 5 U.S.C. 16A.
SINCE THE DATE OF YOUR LETTER THERE HAVE BEEN BROUGHT TO MY ATTENTION THE PROVISIONS OF REORGANIZATION PLAN NO. 5 OF 1950, DEPARTMENT OF COMMERCE, WHICH BECAME EFFECTIVE ON MAY 24, 1950, IN ACCORDANCE WITH THE REORGANIZATION ACT OF 1949, PUBLIC LAW 109, 81ST CONGRESS, 63 STAT. 205, BECAUSE OF THE REJECTION BY THE SENATE AND HOUSE OF REPRESENTATIVES OF RESOLUTIONS WHICH WOULD HAVE DISAPPROVED THE PLAN.
SECTION 2 OF REORGANIZATION PLAN NO. 5 PROVIDES AS FOLLOWS:
PERFORMANCE OF FUNCTIONS OF SECRETARY.--- THE SECRETARY OF COMMERCE MAY FROM TIME TO TIME MAKE SUCH PROVISIONS AS HE SHALL DEEM APPROPRIATE AUTHORIZING THE PERFORMANCE BY ANY OTHER OFFICER, OR BY ANY AGENCY OR EMPLOYEE, OF THE DEPARTMENT OF COMMERCE OF ANY FUNCTION OF THE SECRETARY, INCLUDING ANY FUNCTION TRANSFERRED TO THE SECRETARY BY THE PROVISIONS OF THIS REORGANIZATION PLAN.
IN THE LIGHT OF THE EXTENT OF THE AUTHORITY IN SECTION 2 OF REORGANIZATION PLAN NO. 5, IT REASONABLY MAY BE CONCLUDED THAT THE SECRETARY OF COMMERCE WOULD NOW BE AUTHORIZED TO DELEGATE TO SUBORDINATES THE AUTHORITY TO DESIGNATE EMPLOYEES TO ADMINISTER OATHS UNDER THE ACT OF JUNE 26, 1943, SUPRA. ..END :