B-154893, AUGUST 20, 1964, 44 COMP. GEN. 100

B-154893, AUGUST 20, 1964, 44 COMP. GEN. 100

CERTIFYING OFFICERS - RESPONSIBILITY - INTERAGENCY SERVICES CERTIFYING OFFICERS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE WHO ARE DESIGNATED BY THE AGENCY FOR INTERNATIONAL DEVELOPMENT UNDER A SUBDELEGATION OF AUTHORITY TO CERTIFY VOUCHERS CHARGEABLE TO AGENCY FOR INTERNATIONAL DEVELOPMENT APPROPRIATIONS FOR SERVICES PERFORMED BY HEALTH, EDUCATION, AND WELFARE FOR AGENCY FOR INTERNATIONAL DEVELOPMENT MAY HAVE SUCH DESIGNATIONS REGARDED AS OPERATING AS APPOINTMENTS TO AGENCY FOR INTERNATIONAL DEVELOPMENT FOR LIMITED PURPOSES FOR COMPLIANCE WITH THE PROVISIONS OF SECTION 1 OF THE ACT OF DECEMBER 29, 1941, 31 U.S.C. 82B, WHICH REQUIRE THAT CERTIFYING OFFICERS BE EMPLOYEES OF THE AGENCY WHOSE FUNDS ARE DISBURSED ON THE BASIS THAT THE DESIGNATION WAS MADE UNDER AUTHORITY STEMMING FROM THE SECRETARY OF STATE TO APPOINT AND TO REVOKE APPOINTMENTS OF CERTIFYING OFFICERS. A CERTIFYING OFFICER OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE WHO IS DESIGNATED TO CERTIFY VOUCHERS CHARGEABLE TO APPROPRIATIONS OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT FOR INTERAGENCY SERVICES MAY NOT HAVE HIS ORIGINAL BOND, WHICH RELATES SPECIFICALLY TO FUNCTIONS AS AN EMPLOYEE OF HEALTH, EDUCATION, AND WELFARE, REGARDED AS SUFFICIENT UNDER SECTION 2 OF THE ACT OF DECEMBER 29, 1941, 31 U.S.C. 82B, WITH RESPECT TO AGENCY FOR INTERNATIONAL DEVELOPMENT CERTIFICATIONS, AND, THEREFORE, THE CERTIFYING OFFICER MUST BE COVERED BY A BOND COVERING THE AGENCY FOR INTERNATIONAL DEVELOPMENT FUNCTIONS.

TO MARVIN W. BINGHAM, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, AUGUST 20, 1964:

THIS IS IN REPLY TO YOUR LETTER OF AUGUST 3, 1964, RAISING QUESTIONS AS TO WHETHER YOU MAY PROPERLY CERTIFY A VOUCHER CHARGEABLE AGAINST APPROPRIATIONS OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT UNDER THE FOLLOWING FACTS AND CIRCUMSTANCES SUMMARIZED FROM THE INFORMATION CONTAINED IN YOUR LETTER AND THE ENCLOSURES THERETO:

THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE AND THE AGENCY FOR INTERNATIONAL DEVELOPMENT HAVE RECENTLY COMPLETED ARRANGEMENTS UNDER WHICH DESIGNATED CERTIFYING OFFICERS OF HEW ARE PERMITTED TO CERTIFY VOUCHERS AGAINST AID APPROPRIATIONS FOR DIRECT PAYMENT OF COSTS INCURRED BY HEW IN PERFORMING SERVICES REQUESTED BY AID. UNDER THE ARRANGEMENTS, HEW IS RESPONSIBLE FOR ASSURING THAT FUND LIMITATIONS ARE NOT EXCEEDED, AND PROCEDURES HAVE BEEN INSTALLED TO ASSURE THE AVAILABILITY OF FUNDS PRIOR TO OBLIGATION.

THE CHIEF, ACCOUNTING DIVISION, AGENCY FOR INTERNATIONAL DEVELOPMENT, UNDER A SUBDELEGATION OF AUTHORITY, HAS DESIGNATED A NUMBER OF DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE CERTIFYING OFFICERS TO CERTIFY VOUCHERS PAYABLE FROM AID APPROPRIATIONS. EACH DESIGNEE IS COVERED BY BLANKET POSITION BOND NO. 432532-B.

UNDER THESE CIRCUMSTANCES YOU, AS ONE OF THE DESIGNATED DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE CERTIFYING OFFICERS, REQUEST OUR DECISION AS TO:

1. WHETHER YOU MAY PROPERLY CERTIFY THE VOUCHER ENCLOSED WITH YOUR LETTER WHICH HAS BEEN PRESENTED TO YOU FOR CERTIFICATION AND WHICH IS CHARGEABLE DIRECTLY TO AGENCY FOR INTERNATIONAL DEVELOPMENT APPROPRIATIONS UNDER THE ARRANGEMENTS; AND

2. WHETHER THE CHIEF DISBURSING OFFICER, BUREAU OF ACCOUNTS, TREASURY DEPARTMENT, IS AUTHORIZED TO DISBURSE MONEYS UPON THE VOUCHER AFTER CERTIFICATION.

THESE QUESTIONS ARISE PRIMARILY BECAUSE OF THE PROVISIONS OF SECTION 1 OF PUBLIC LAW 389, APPROVED DECEMBER 29, 1941, CHAPTER 641, 55 STAT. 875, 31 U.S.C. 82B, IN PERTINENT PART AS OLLOWS:

* * * DISBURSING OFFICERS UNDER THE EXECUTIVE BRANCH OF THE GOVERNMENT SHALL (1) DISBURSE MONEYS ONLY UPON, AND IN STRICT ACCORDANCE WITH, VOUCHERS DULY CERTIFIED BY THE HEAD OF THE DEPARTMENT, ESTABLISHMENT, OR AGENCY CONCERNED, OR BY AN OFFICER OR EMPLOYEE THEREOF DULY AUTHORIZED IN WRITING BY SUCH HEAD TO CERTIFY SUCH VOUCHERS * * *.

THESE PROVISIONS REQUIRE THAT THE CERTIFYING OFFICER BE AN OFFICER OR EMPLOYEE OF THE AGENCY WHOSE FUNDS ARE TO BE DISBURSED. IT HAS BEEN HELD IN THE PAST, AS NOTED IN YOUR LETTER, THAT THIS REQUIREMENT IS MET WHERE VOUCHERS HAVE BEEN CERTIFIED BY AN EMPLOYEE OF ONE AGENCY TO COVER THE PAYMENT OF OBLIGATIONS INCURRED BY A SECOND AGENCY AND THE CERTIFYING EMPLOYEE HAS BEEN APPOINTED AS AN OFFICER OR EMPLOYEE OF THE SECOND AGENCY WITHOUT COMPENSATION AND DESIGNATED BY THE SECOND AGENCY AS A CERTIFYING OFFICER. SEE B-55918, DATED JANUARY 6, 1947. OVER THE YEARS A NUMBER OF CROSS CERTIFYING ARRANGEMENTS ALONG THESE LINES HAVE BEEN MADE.

WE UNDERSTAND THAT YOUR DESIGNATION AS A CERTIFYING OFFICER FOR AID VOUCHERS WAS MADE UNDER AUTHORITY STEMMING FROM THE SECRETARY OF STATE TO APPOINT AND TO REVOKE THE APPOINTMENT OF CERTIFYING OFFICERS. UNDER SUCH CIRCUMSTANCE WE CONSIDER THAT THE REQUIREMENTS OF THE QUOTED PROVISIONS ARE MET ON THE THEORY THAT THE DESIGNATION IMPLICITLY OPERATED AS AN APPOINTMENT FOR THE LIMITED PURPOSES REQUIRED. ACCORDINGLY, THE QUESTIONS PRESENTED ARE ANSWERED IN THE AFFIRMATIVE.

IN ADDITION TO THE QUESTION OF APPOINTMENT, HOWEVER, THERE IS THE MATTER OF WHETHER YOU ARE PROPERLY BONDED WITH RESPECT TO AGENCY FOR INTERNATIONAL DEVELOPMENT CERTIFICATIONS AS REQUIRED BY SECTION 2 OF THE ACT REFERRED TO ABOVE, 31 U.S.C. 82C; THE ACT OF JULY 30, 1947, CHAPTER 390, 61 STAT. 646, AS AMENDED, 6 U.S.C. 1, ET SEQ.; AND REGULATIONS OF THE SECRETARY OF THE TREASURY, 31 CFR PART 226. WE HAVE REVIEWED BOND NO. 432532-B, A COPY OF WHICH YOU SUBMITTED WITH YOUR LETTER, AND FIND THAT IT IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THESE LAWS AND REGULATIONS IN THAT IT RELATES ONLY TO YOUR FUNCTIONS AS AN EMPLOYEE OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE. HOWEVER, FOR THE PURPOSES OF THE CONCLUSIONS REACHED HEREIN, IT IS ASSUMED THAT THE AGENCY FOR INTERNATIONAL DEVELOPMENT HOLDS A SIMILAR BLANKET POSITION BOND UNDER WHICH YOU ARE ADEQUATELY COVERED WITH RESPECT TO SUCH CERTIFICATIONS YOU MIGHT MAKE OF THAT AGENCY'S VOUCHERS.

THE VOUCHER AND SUPPORTING PAPERS SUBMITTED BY YOU ARE RETURNED.