B-101240, MARCH 5, 1951, 30 COMP. GEN. 366

B-101240: Mar 5, 1951

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1951: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2. REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO ACCEPT THE CERTIFICATE AS TO THE NECESSITY OF ILLUSTRATIONS IN DOCUMENTS. WHERE SUCH CERTIFICATION IS MADE BY THE CHIEF CLERK OF THAT DEPARTMENT RATHER THAN BY THE SECRETARY OF THE INTERIOR. OR IN ANY DOCUMENT OR REPORT OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT UNTIL THE HEAD OF THE EXECUTIVE DEPARTMENT OR GOVERNMENT ESTABLISHMENT SHALL CERTIFY IN A LETTER TRANSMITTING SUCH REPORT THAT THE ILLUSTRATION IS NECESSARY AND RELATES ENTIRELY TO THE TRANSACTION OF PUBLIC BUSINESS. A QUESTION SIMILAR TO THAT PRESENTED WAS CONSIDERED BY THIS OFFICE IN DECISION APPEARING IN 16 COMP.

B-101240, MARCH 5, 1951, 30 COMP. GEN. 366

REDELEGATION OF DELEGATED AUTHORITY - ADMINISTRATIVE OFFICERS THE AUTHORIZATION IN REORGANIZATION PLAN NO. 3 OF 1950 FOR THE SECRETARY OF THE INTERIOR TO DELEGATE TO SUBORDINATES THE PERFORMANCE OF ANY FUNCTION OF THE SECRETARY CONTEMPLATES SUCCESSIVE REDELEGATIONS, AND THEREFORE THE CERTIFICATION FUNCTION IMPOSED UPON THE SECRETARY BY THE ACT OF MARCH 3, 1905, WITH RESPECT TO THE INCLUSION OF ILLUSTRATIONS, ENGRAVINGS, OR PHOTOGRAPHS IN MATTER TO BE PRINTED BY THE GOVERNMENT PRINTING OFFICE MAY BE EXERCISED BY THE CHIEF CLERK UPON REDELEGATION OF THE AUTHORITY TO THAT OFFICER FROM THE ADMINISTRATIVE ASSISTANT SECRETARY OF THE DEPARTMENT OF THE INTERIOR.

ACTING COMPTROLLER GENERAL YATES TO THE PUBLIC PRINTER, MARCH 5, 1951:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2, 1951, REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO ACCEPT THE CERTIFICATE AS TO THE NECESSITY OF ILLUSTRATIONS IN DOCUMENTS, ETC., FOR THE DEPARTMENT OF THE INTERIOR REQUIRED BY THE PROVISIONS OF 44 U.S.C. 118, WHERE SUCH CERTIFICATION IS MADE BY THE CHIEF CLERK OF THAT DEPARTMENT RATHER THAN BY THE SECRETARY OF THE INTERIOR.

SECTION 118 OF TITLE 44, U.S. CODE, PROVIDES AS FOLLOWS:

NO PART OF THE APPROPRIATIONS MADE FOR PRINTING AND BINDING SHALL BE USED FOR ANY ILLUSTRATION, ENGRAVING, OR PHOTOGRAPHS IN ANY DOCUMENT OR REPORT ORDERED PRINTED BY CONGRESS UNLESS THE ORDER TO PRINT EXPRESSLY AUTHORIZES THE SAME, OR IN ANY DOCUMENT OR REPORT OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT UNTIL THE HEAD OF THE EXECUTIVE DEPARTMENT OR GOVERNMENT ESTABLISHMENT SHALL CERTIFY IN A LETTER TRANSMITTING SUCH REPORT THAT THE ILLUSTRATION IS NECESSARY AND RELATES ENTIRELY TO THE TRANSACTION OF PUBLIC BUSINESS.

A QUESTION SIMILAR TO THAT PRESENTED WAS CONSIDERED BY THIS OFFICE IN DECISION APPEARING IN 16 COMP. GEN. 695, WHEREIN IT WAS HELD, QUOTING FROM THE SYLLABUS, AS FOLLOWS:

THE OBLIGATION IMPOSED BY THE ACT OF MARCH 3, 1905, 33 STAT. 1213, UPON THE HEADS OF DEPARTMENTS AND ESTABLISHMENTS TO FURNISH PERSONAL CERTIFICATES OF THE CHARACTER SET FORTH IN SAID ACT IN CONNECTION WITH EXPENDITURES FROM APPROPRIATIONS FOR PRINTING AND BINDING, FOR ILLUSTRATIONS, ENGRAVINGS, OR PHOTOGRAPHS, MAY NOT BE DELEGATED TO A SUBORDINATE OTHER THAN AN ASSISTANT HEAD AUTHORIZED BY STATUTE TO ACT IN PLACE OF THE HEAD, AND A PRIOR DECISION AUTHORIZING DELEGATION TO OTHER SUBORDINATES IN MATTERS NOT INVOLVING THE APPLICATION OF STATUTORY PROVISIONS REQUIRING THE EXERCISE OF JUDGMENT OR DISCRETION BY A PARTICULAR OFFICER IS NO AUTHORITY FOR SUCH DELEGATION IN A CASE SUCH AS HERE INVOLVED.

HOWEVER, IN THE INSTANT CASE, THERE MUST BE CONSIDERED THE EFFECT OF THE PROVISIONS OF SECTION 2 OF REORGANIZATION PLAN NO. 3 OF 1950, 64 STAT. 1262, DEPARTMENT OF THE INTERIOR, SUBMITTED BY THE PRESIDENT TO THE CONGRESS ON MARCH 13, 1950, WHICH BECAME EFFECTIVE MAY 24, 1950, IN ACCORDANCE WITH THE REORGANIZATION ACT OF 1949, APPROVED JUNE 20, 1949, 63 STAT. 205.

THE SAID SECTION 2 PROVIDES AS FOLLOWS:

PERFORMANCE OF FUNCTIONS OF SECRETARY.--- THE SECRETARY OF THE INTERIOR MAY FROM TIME TO TIME MAKE SUCH PROVISIONS AS HE SHALL DEEM APPROPRIATE AUTHORIZING THE PERFORMANCE BY ANY OTHER OFFICER, OR BY ANY OTHER AGENCY OR EMPLOYEE, OF THE DEPARTMENT OF THE INTERIOR OF ANY FUNCTION OF THE SECRETARY, INCLUDING ANY FUNCTION TRANSFERRED TO THE SECRETARY BY THE PROVISIONS OF THIS REORGANIZATION PLAN.

IT IS CLEAR THAT THE CERTIFICATION REQUIRED OF THE SECRETARY BY 44 U.S.C. 118 IS A FUNCTION WHICH, IN VIEW OF SECTION 2 OF REORGANIZATION PLAN NO. 3 OF 1950, PROPERLY MAY BE DELEGATED BY HIM TO ANY OTHER OFFICER OR EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR. HOWEVER, IT APPEARS THAT YOUR DOUBT IN THE MATTER ARISES BY REASON OF THE FACT THAT THE SECRETARY OF THE INTERIOR DELEGATED CERTAIN FUNCTIONS, INCLUDING THAT OF CERTIFICATION HERE INVOLVED, TO THE ADMINISTRATIVE ASSISTANT SECRETARY, AND THAT THE LATTER OFFICIAL HAS REDELEGATED SUCH CERTIFICATION AUTHORITY TO THE CHIEF CLERK OF THE DEPARTMENT. IN THIS CONNECTION PARAGRAPH (B) OF SECTION 4 OF DEPARTMENT OF THE INTERIOR ORDER NO. 2509, DATED DECEMBER 1, 1950, PROVIDES AS FOLLOWS:

(B) THE ADMINISTRATIVE ASSISTANT SECRETARY MAY, IN WRITING, REDELEGATE TO OTHER OFFICERS OR EMPLOYEES OF THE DEPARTMENT SUCH PORTIONS OF THE AUTHORITY GRANTED IN PARAGRAPH (A) OF THIS SECTION AS HE MAY DEEM TO BE APPROPRIATE.

PURSUANT TO SUCH ORDER, THE ADMINISTRATIVE ASSISTANT SECRETARY ON DECEMBER 15, 1950, ISSUED THE FOLLOWING MEMORANDUM:

THE DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES IS AUTHORIZED, AS CHIEF CLERK OF THE DEPARTMENT OF THE INTERIOR, IN CONNECTION WITH A REQUISITION FOR PRINTING AND BINDING, TO CERTIFY THAT ANY ILLUSTRATIONS APPEARING IN A MANUSCRIPT ARE NECESSARY AND RELATE ENTIRELY TO THE TRANSACTION OF PUBLIC BUSINESS.

IN VIEW OF THE FOREGOING, AND SINCE SECTION 2 OF REORGANIZATION PLAN NO. 3 OF 1950 PROVIDES THAT THE SECRETARY MAY "MAKE SUCH PROVISIONS AS HE SHALL DEEM APPROPRIATE AUTHORIZING THE PERFORMANCE BY ANY OTHER OFFICER * * * OR EMPLOYEE, OF THE DEPARTMENT OF THE INTERIOR OF ANY FUNCTION OF THE SECRETARY" (ITALICS SUPPLIED), YOU ARE ADVISED THAT THE AUTHORITY TO MAKE THE CERTIFICATION IN QUESTION PROPERLY HAS BEEN DELEGATED TO THE CHIEF CLERK OF THE DEPARTMENT OF THE INTERIOR.

CONFIRMATION OF THIS VIEW IS FOUND IN THE LEGISLATIVE HISTORY OF SECTION 2 OF REORGANIZATION PLAN NO. 5 OF 1950, 64 STAT. 1263, DEPARTMENT OF COMMERCE, THE TERMS OF WHICH ARE IDENTICAL TO THOSE OF SECTION 2 OF REORGANIZED PLAN NO. 3, HERE INVOLVED. IN REPORT NO. 1976 DATED MAY 2, 1950, BY THE COMMITTEE ON EXPENDITURES IN THE EXECUTIVE DEPARTMENTS, HOUSE OF REPRESENTATIVES, ACCOMPANYING H.1RES. 546, WHICH RESOLUTION PROPOSED TO REJECT REORGANIZATION PLAN NO. 5, THE FOLLOWING COMMENT WAS MADE WITH RESPECT TO THE ADMINISTRATIVE ASPECTS OF SAID PLAN:

THE PURPOSE OF REORGANIZATION PLAN NO. 5 OF 1950 IS TO SPELL OUT WITH CLARITY THAT ALL FUNCTIONS OF ALL OFFICERS OF THE DEPARTMENT OF COMMERCE AND ALL FUNCTIONS OF ALL AGENCIES AND EMPLOYEES OF THE DEPARTMENT ARE VESTED BY FORCE OF THIS LEGISLATION IN THE SECRETARY OF COMMERCE.

THE SUCCESS OF SUCH REORGANIZATION IS GROUNDED ON THE TENET OF PROPER DELEGATION.

THIS PLAN, IN COMMON WITH ALL PLANS, 1 THROUGH 6, PROVIDES FOR THE KEYSTONE OF SOUND BUSINESS MANAGEMENT--- PROPER DELEGATION--- URGENTLY INSISTED UPON BY THE COMMISSION ON ORGANIZATION. SUCCESSFULLY ADMINISTRATION IS ALWAYS SPELLED OUT IN PROPER DELEGATION OF ADMINISTRATIVE DUTIES TO THE STAFF UNDER THE DIRECTION OF A SUPERIOR. FURTHER, DELEGATION TO SUBORDINATES CARRIES WITH IT AN ADDED CONNOTATION IF IT IS TO BE TRULY BENEFICIAL TO ADMINISTRATIVE PRACTICES. CONTEMPLATES THE FACTOR OF SUCCESSIVE REDELEGATIONS. WHERE A SUPERIOR DELEGATES TO A BUREAU HEAD, AND THE LATTER MUST RETURN TO THE SUPERIOR FOR PERSONALIZED PERMISSION FOR SUCCESSIVE REDELEGATION, IN THE OPINION OF THE COMMITTEE, SUCH A PROCEDURE MILITATES AGAINST PROMPT DISPATCH AND EXPEDITIOUS HANDLING OF MULTIPLE TASKS. THERE IS ADEQUATE SAFEGUARD AGAINST UNWARRANTED USURPATION OF POWER IN THE HANDS OF A SUBORDINATE, SINCE EACH IS ULTIMATELY IN TURN RESPONSIBLE TO HIS DELEGATING SUPERIOR. (ITALICS SUPPLIED.)

SEE, ALSO, IN THIS CONNECTION, 29 COMP. GEN. 519.

YOU FURTHER QUESTION THE LEGAL EFFECT OF REORGANIZATION PLAN NO. 3 OF 1950, AND ITS APPLICABILITY IN THE INSTANT CASE TO THE GOVERNMENT PRINTING OFFICE, A LEGISLATIVE AGENCY, IN VIEW OF THE AUTHORITY OF THE JOINT COMMITTEE ON PRINTING OVER PUBLIC PRINTING AND BINDING CONTAINED IN SECTION 4, TITLE 44, U.S. CODE, WHICH PROVIDES THAT:

THE JOINT COMMITTEE ON PRINTING SHALL HAVE POWER TO ADOPT AND EMPLOY SUCH MEASURES AS, IN ITS DISCRETION, MAY BE DEEMED NECESSARY TO REMEDY ANY NEGLECT, DELAY, DUPLICATION, OR WASTE IN THE PUBLIC PRINTING AND BINDING AND THE DISTRIBUTION OF GOVERNMENT PUBLICATIONS.

IT NECESSARILY FOLLOWS FROM THE CONCLUSION REACHED HEREIN THAT A CERTIFICATION BY THE CHIEF CLERK OF THE DEPARTMENT OF THE INTERIOR WOULD BE NO DIFFERENT FROM A CERTIFICATION BY THE SECRETARY OF THE INTERIOR. THAT IS TO SAY, THE PROVISIONS OF THE REORGANIZATION PLAN HAVING THE SAME LEGAL FORCE AND EFFECT AS THE PROVISIONS OF 44 U.S.C. 118, THE CHIEF CLERK'S CERTIFICATION ALSO WOULD HAVE THE SAME FORCE AND EFFECT AS IF IT WERE MADE BY THE HEAD OF THE DEPARTMENT. CONSEQUENTLY, THE RELATIONSHIP OF 44 U.S.C. 4 WOULD BE THE SAME TO THE REORGANIZATION PLAN AS IT IS TO 44 U.S.C. 118.