A-22964, JUNE 18, 1928, 7 COMP. GEN. 800

A-22964: Jun 18, 1928

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH HAVE BEEN CERTIFIED IN WRITING BY THE RESPECTIVE HEADS OF THE EXECUTIVE DEPARTMENTS OR OTHER GOVERNMENT ESTABLISHMENTS TO BE REQUIRED FOR OFFICIAL USE. WITH REFERENCE TO THE MATTER YOU SUBMIT THE FOLLOWING: THE FOLLOWING IS AN EXCERPT FROM THE MINUTES OF THE COMMISSION UNDER DATE OF APRIL 2. 1918: "THE SECRETARY IS THE ADMINISTRATIVE OFFICER OF THE COMMISSION. IS APPROVED AS AND FOR THE ACT OF THE COMMISSION.'. IT WILL BE NOTED FROM THE ABOVE THAT THE COMMISSION HAS GIVEN THE SECRETARY AN OFFICIAL STATUS. TRUST YOU WILL GIVE THE MATTER DUE CONSIDERATION AND ACCEPT THE CERTIFICATE SIGNED BY THE SECRETARY AS MEETING THE REQUIREMENTS OF THE STATUTE. THE SECRETARY OF THE FEDERAL TRADE COMMISSION IS NOT SPECIFICALLY AUTHORIZED BY STATUTE TO ACT FOR OR IN BEHALF OF THE HEAD OF THE COMMISSION IN HIS OFFICIAL CAPACITY.

A-22964, JUNE 18, 1928, 7 COMP. GEN. 800

PAYMENTS, ADVANCE - SUBSCRIPTIONS TO PERIODICALS THE SECRETARY OF THE FEDERAL TRADE COMMISSION MAY NOT BE REGARDED AS THE HEAD OF A GOVERNMENT ESTABLISHMENT WITHIN THE MEANING OF SECTION 5 OF THE ACT OF MARCH 4, 1915, 38 STAT. 1049, REQUIRING A CERTIFICATE IN WRITING BY THE HEAD OF AN EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT BEFORE ANY ADVANCE PAYMENT FOR SUBSCRIPTIONS TO PERIODICALS MAY BE MADE BY THE RESPECTIVE DEPARTMENT OR ESTABLISHMENT. SUCH CERTIFICATE, IN THE CASE OF THE FEDERAL TRADE COMMISSION, MUST BE MADE BY THE CHAIRMAN OF THE COMMISSION.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE FEDERAL TRADE COMMISSION, JUNE 18, 1928:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MAY 9, 1928, RELATIVE TO THE QUESTION OF WHETHER THE SECRETARY OF THE FEDERAL TRADE COMMISSION MAY BE REGARDED AS THE HEAD OF A GOVERNMENT ESTABLISHMENT WITHIN THE MEANING OF SECTION 5 OF THE ACT OF MARCH 4, 1915, 38 STAT. 1049, WHICH PROVIDES:

THAT HEREAFTER SUBSCRIPTIONS TO PERIODICALS, WHICH HAVE BEEN CERTIFIED IN WRITING BY THE RESPECTIVE HEADS OF THE EXECUTIVE DEPARTMENTS OR OTHER GOVERNMENT ESTABLISHMENTS TO BE REQUIRED FOR OFFICIAL USE, MAY BE PAID IN ADVANCE FROM APPROPRIATIONS AVAILABLE THEREFOR.

WITH REFERENCE TO THE MATTER YOU SUBMIT THE FOLLOWING:

THE FOLLOWING IS AN EXCERPT FROM THE MINUTES OF THE COMMISSION UNDER DATE OF APRIL 2, 1918:

"THE SECRETARY IS THE ADMINISTRATIVE OFFICER OF THE COMMISSION, AND THE SIGNING OF VOUCHERS, OFFICIAL PAPERS, AND CORRESPONDENCE BETWEEN THE COMMISSION AND THE VARIOUS GOVERNMENT BUREAUS AND DEPARTMENTS, INCLUDING MONEY PAPERS THAT PASS BETWEEN THE COMMISSION AND THE TREASURY DEPARTMENT, IS APPROVED AS AND FOR THE ACT OF THE COMMISSION.'

IT WILL BE NOTED FROM THE ABOVE THAT THE COMMISSION HAS GIVEN THE SECRETARY AN OFFICIAL STATUS, AND DELEGATED TO HIM ALL THE POWERS TO ACT FOR AND IN BEHALF OF THE COMMISSION IN ALL ADMINISTRATIVE MATTERS. TRUST YOU WILL GIVE THE MATTER DUE CONSIDERATION AND ACCEPT THE CERTIFICATE SIGNED BY THE SECRETARY AS MEETING THE REQUIREMENTS OF THE STATUTE.

THE ACT OF SEPTEMBER 26, 1914, 38 STAT. 717, CREATED AND ESTABLISHED THE FEDERAL TRADE COMMISSION AND PROVIDED THAT SAID COMMISSION SHALL BE COMPOSED OF FIVE COMMISSIONERS, ONE OF WHOM SHALL BE CHAIRMAN AND THAT THE COMMISSION SHALL APPOINT A SECRETARY WHO SHALL RECEIVE A SPECIFIED SALARY. THE SECRETARY OF THE FEDERAL TRADE COMMISSION IS NOT SPECIFICALLY AUTHORIZED BY STATUTE TO ACT FOR OR IN BEHALF OF THE HEAD OF THE COMMISSION IN HIS OFFICIAL CAPACITY. THEREFORE, THE SAID SECRETARY IS NOT IN ANY SENSE THE HEAD OF THE COMMISSION.

THE PROVISION HEREINBEFORE QUOTED FROM THE ACT OF MARCH 4, 1915, SPECIFICALLY REQUIRES THE FACT THAT THE PERIODICAL IS REQUIRED FOR OFFICIAL USE TO BE CERTIFIED IN WRITING BY THE HEAD OF THE GOVERNMENT ESTABLISHMENT, WHO, IN THIS CASE, IS THE CHAIRMAN OF THE FEDERAL TRADE COMMISSION. THE STATUTE CONTEMPLATED A DETERMINATION INVOLVING OPINION OR JUDGMENT AS TO THE REQUIREMENTS OF THE OFFICE CONCERNED, AND IT DOES NOT AUTHORIZE OR PERMIT THE SUBSTITUTION OF THE JUDGMENT OR OPINION OF SOME SUBORDINATE FOR THE JUDGMENT OR OPINION OF THE HEAD OF THE ESTABLISHMENT. 3 COMP. GEN. 460.

ACCORDINGLY, YOU ARE ADVISED THAT BEFORE CREDIT MAY BE ALLOWED FOR ANY PAYMENTS IN ADVANCE FOR SUBSCRIPTIONS TO PERIODICALS FOR YOUR COMMISSION, IT WILL BE NECESSARY FOR THE CERTIFICATE CONTEMPLATED BY THE SAID SECTION 5 OF THE ACT OF MARCH 4, 1915, TO BE MADE BY THE CHAIRMAN OF THE FEDERAL TRADE COMMISSION.