B-118479, FEBRUARY 15, 1954, 33 COMP. GEN. 359

B-118479, FEBRUARY 15, 1954, 33 COMP. GEN. 359

DELEGATION OF AUTHORITY - ADMINISTRATIVE OFFICERS - EXPENDITURES FOR ILLUSTRATIONS, ENGRAVINGS, OR PHOTOGRAPHS THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION IS DESIGNATED AS THE PRESIDING HEAD OF THE COMMISSION BY REORGANIZATION PLAN NO. 5 OF 1949, AND IS EXPRESSLY AUTHORIZED TO DESIGNATE OFFICERS AND EMPLOYEES TO PERFORM FUNCTIONS RELATIVE TO THE USE AND EXPENDITURE OF FUNDS, AND THEREFORE THE CERTIFICATION FUNCTION IMPOSED UPON THE HEADS OF THE EXECUTIVE DEPARTMENTS BY THE ACT OF MARCH 3, 1905, WITH RESPECT TO THE INCLUSION OF ILLUSTRATIONS, ENGRAVINGS, OR PHOTOGRAPHS IN PRINTED MATTER, MAY BE DELEGATED BY THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION TO A SUBORDINATE.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, FEBRUARY 15, 1954:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 26, 1954, REQUESTING A DECISION AS TO WHETHER YOU MAY DELEGATE TO A SUBORDINATE THE CERTIFICATION FUNCTION REQUIRED OF THE HEAD OF THE EXECUTIVE DEPARTMENT OR GOVERNMENT ESTABLISHMENT CONCERNED BY THE ACT OF MARCH 3, 1905, 33 STAT. 1213, 44 U.S.C. 118, AS FOLLOWS:

* * * NO PART OF THE APPROPRIATIONS MADE FOR PRINTING AND BINDING SHALL BE USED FOR ANY ILLUSTRATION, ENGRAVING, OR PHOTOGRAPH IN ANY DOCUMENT OR REPORT ORDERED PRINTED BY CONGRESS UNLESS THE ORDER TO PRINT EXPRESSLY AUTHORIZES THE SAME, NOR 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.

YOU REFER TO REORGANIZATION PLAN NO. 5 OF 1949, EFFECTIVE AUGUST 20, 1949, 63 STAT. 1067, PROVIDING FOR REORGANIZATIONS IN THE CIVIL SERVICE COMMISSION, AND QUOTE THE PROVISIONS OF SECTION 2 (A) (5) THEREOF WHICH TRANSFER TO THE CHAIRMAN THE FUNCTIONS OF THE COMMISSION WITH RESPECT TO ,THE USE AND EXPENDITURE OF FUNDS.' ALSO, YOU QUOTE THE PROVISIONS OF SECTION 2 (B) OF THE SAID REORGANIZATION PLAN WHICH PROVIDE THAT " THE FUNCTIONS TRANSFERRED BY THE PROVISIONS OF SECTIONS 2 (A) (2) TO 2 (A) (6), INCLUSIVE, OF THIS REORGANIZATION PLAN SHALL BE PERFORMED BY THE CHAIRMAN OR, SUBJECT TO HIS DIRECTION AND CONTROL, BY SUCH OFFICERS AND EMPLOYEES UNDER THIS JURISDICTION AS HE SHALL DESIGNATE.'

IN CONNECTION THEREWITH, THE VIEW IS EXPRESSED THAT SINCE THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION IS EXPRESSLY AUTHORIZED BY THE REORGANIZATION PLAN TO DESIGNATE OFFICERS AND EMPLOYEES TO PERFORM FUNCTIONS RELATIVE TO "THE USE AND EXPENDITURE OF FUNDS," AND SINCE THE CERTIFICATION FUNCTION PROVIDED FOR IN THE QUOTED ACT OF MARCH 3, 1905, BELONGS TO THE CHAIRMAN, SUCH CERTIFICATION FUNCTION MAY BE DELEGATED BY HIM TO "SUCH OFFICERS AND EMPLOYEES UNDER HIS JURISDICTION AS HE SHALL DESIGNATE.'

BY THE TERMS OF SECTION 1 OF THE REORGANIZATION PLAN THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION IS DESIGNATED AS THE "PRESIDING HEAD" OF THE COMMISSION. CF. 25 COMP. GEN. 467; 26 ID. 249. IN VIEW OF THAT SECTION AND THE SECTIONS CITED BY YOU, WHICH, CONSIDERED TOGETHER, REASONABLY MAY BE CONSTRUED AS YOU SUGGEST--- SEE IN THAT CONNECTION 29 COMP. GEN. 519; 30 ID. 366--- YOU ARE ADVISED THAT YOU WOULD BE AUTHORIZED TO DELEGATE TO A SUBORDINATE OF THE CIVIL SERVICE COMMISSION THE FUNCTION OF FURNISHING CERTIFICATES OF THE CHARACTER SET FORTH IN THE ACT OF MARCH 3, 1905, SUPRA. ..END :