AUGUST 18, 1923, 3 COMP. GEN. 87

AUGUST 18, 1923, 3 COMP. GEN. 87

OATHS TO EXPENSE ACCOUNTS - INTERSTATE COMMERCE COMMISSION THE INTERSTATE COMMERCE COMMISSION MAY DESIGNATE A CLERK OR CLERKS TO ADMINISTER OATHS TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES UNDER THE AUTHORITY CONFERRED UPON ,CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS, OR CLERKS DESIGNATED BY THEM" BY THE ACT OF AUGUST 24, 1912, 37 STAT., 487.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, AUGUST 18, 1923:

I HAVE YOUR LETTER OF JULY 12, 1923, REQUESTING DECISION WHETHER THE COMMISSION MAY DESIGNATE UNDER SECTION 8 OF THE ACT OF AUGUST 24, 1912, 37 STAT., 487, AN EMPLOYEE OF THE BUREAU OF VALUATION LOCATED IN TEMPO BUILDING NO. 2, NINETEENTH AND D STREETS NW., TO ADMINISTER OATHS IN CONNECTION WITH THE EXECUTION OF VOUCHERS AND OTHER OFFICIAL PAPERS IN THE BUREAU.

THE STATUTE CITED REQUIRES, EMPOWERS, AND AUTHORIZES CERTAIN OFFICIALS NAMED THEREIN, WHEN REQUESTED, TO ADMINISTER OATHS TO ACCOUNTS FOR TRAVEL OR OTHER EXPENSES AGAINST THE UNITED STATES. AMONG THE OFFICIALS NAMED IN THE SECTION ARE "CHIEF CLERKS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND BUREAUS, OR CLERKS DESIGNATED BY THEM FOR THE PURPOSE.' IT IS TO THIS PHRASE THAT THE COMMISSION MUST LOOK FOR AUTHORITY TO MAKE THE PROPOSED DESIGNATION.

WHILE THE TERM "EXECUTIVE DEPARTMENT" DOES NOT STRICTLY INCLUDE THE INTERSTATE COMMERCE COMMISSION, YET THE GENERAL INTENT OF THE ENACTMENT WAS TO AFFORD A MEANS OF HAVING THE OATHS ADMINISTERED WITHOUT EXPENSE TO THE GOVERNMENT AS THERETOFORE MAINTAINED. I WOULD BE, THEREFORE, INCLINED TO THE VIEW THAT IF THE COMMISSION DESIGNATES AN EMPLOYEE TO ADMINISTER OATHS TO EXPENSE ACCOUNTS WITHIN THE CLASS AUTHORIZED BY THE ACT, THE EXPENSE ACCOUNTS SO SUPPORTED MAY BE ACCEPTED BY THIS OFFICE IN THE DISBURSING ACCOUNTS.