A-18825, JUNE 27, 1927, 6 COMP. GEN. 849

A-18825: Jun 27, 1927

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1927: I HAVE YOUR LETTER OF JUNE 1. IS IT LAWFUL FOR THE CHIEF CLERK OF THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS. IS IT LAWFUL FOR THE COMMITTEE TO AUTHORIZE SOME OTHER CLERK TO ADMINISTER OATHS REQUIRED BY LAW IN CONNECTION WITH OFFICIAL BUSINESS OF THE COMMITTEE? ARE REQUIRED. WHO AT THE TIME ARE ALSO SALARIED OFFICERS OR EMPLOYEES OF THE UNITED STATES. IS AUTHORIZED TO ADMINISTER OATHS "TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES.

A-18825, JUNE 27, 1927, 6 COMP. GEN. 849

OATHS - EXPENSE ACCOUNTS THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS MAY BE REGARDED AS AN EXECUTIVE DEPARTMENT OR BUREAU WITHIN THE MEANING OF SECTION 8, ACT OF AUGUST 24, 1912, 37 STAT. 487, AND THE CHIEF CLERK OF SUCH COMMITTEE, OR A CLERK DESIGNATED BY HIM FOR THE PURPOSE, MAY ADMINISTER OATHS TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES. THERE APPEARS NO LAW, HOWEVER, AUTHORIZING THE CHIEF CLERKS OR OTHER OFFICER OR EMPLOYEE OF THE COMMITTEE TO ADMINISTER ANY OTHER OATHS.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS, JUNE 27, 1927:

I HAVE YOUR LETTER OF JUNE 1, 1927, REQUESTING DECISION UPON QUESTIONS PRESENTED AS FOLLOWS:

1. IS IT LAWFUL FOR THE CHIEF CLERK OF THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS, AS SUCH, TO ADMINISTER OATHS REQUIRED BY LAW IN CONNECTION WITH OFFICIAL BUSINESS OF THE COMMITTEE?

2. IS IT LAWFUL FOR THE COMMITTEE TO AUTHORIZE SOME OTHER CLERK TO ADMINISTER OATHS REQUIRED BY LAW IN CONNECTION WITH OFFICIAL BUSINESS OF THE COMMITTEE? IF SO, WOULD OATHS ADMINISTERED BY SUCH CLERK BE ACCEPTED AS VALID BY THE GENERAL ACCOUNTING OFFICE?

SECTION 8 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 487, PROVIDES:

AFTER JUNE THIRTIETH, NINETEEN HUNDRED AND TWELVE, POSTMASTERS, ASSISTANT POSTMASTERS, COLLECTORS OF CUSTOMS, COLLECTORS OF INTERNAL REVENUE, CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS, OR CLERKS DESIGNATED BY THEM FOR THE PURPOSE, THE SUPERINTENDENT, THE ACTING SUPERINTENDENT, CUSTODIAN, AND PRINCIPAL CLERKS OF THE VARIOUS NATIONAL PARKS AND OTHER GOVERNMENT RESERVATIONS, SUPERINTENDENT, ACTING SUPERINTENDENTS, AND PRINCIPAL CLERKS OF THE DIFFERENT INDIAN SUPERINTENDENCIES OR INDIAN AGENCIES, AND CHIEFS OF FIELD PARTIES, ARE REQUIRED, EMPOWERED, AND AUTHORIZED, WHEN REQUESTED, TO ADMINISTER OATHS, REQUIRED BY LAW OR OTHERWISE, TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES, WITH LIKE FORCE AND EFFECT AS OFFICERS HAVING A SEAL; FOR SUCH SERVICES WHEN SO RENDERED, OR WHEN RENDERED ON DEMAND AFTER SAID DATE BY NOTARIES PUBLIC, WHO AT THE TIME ARE ALSO SALARIED OFFICERS OR EMPLOYEES OF THE UNITED STATES, NO CHARGE SHALL BE MADE; AND ON AND AFTER JULY FIRST, NINETEEN HUNDRED AND TWELVE, NO FEE OR MONEY PAID FOR THE SERVICES HEREIN DESCRIBED SHALL BE PAID OR REIMBURSED BY THE UNITED STATES.

THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS MAY BE REGARDED AS AN EXECUTIVE DEPARTMENT OR BUREAU WITHIN THE MEANING OF THE ABOVE QUOTED PROVISION. THEREFORE ITS CHIEF CLERK, OR A CLERK DESIGNATED BY HIM FOR THAT PURPOSE, IS AUTHORIZED TO ADMINISTER OATHS "TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES," BUT THERE APPEARS TO BE NO LAW AUTHORIZING THE CHIEF CLERK OR OTHER OFFICER OR EMPLOYEE OF YOUR COMMITTEE TO ADMINISTER ANY OTHER OATHS. IN THIS CONNECTION SEE 19 COMP. DEC. 217, 246; A-4705 AND A-4716, OCTOBER 20, 1924.