94TH CONGRESS 1st Session } SENATE { REPORT No. 94-372 AUTHORIZING THE PUBLIC PRINTER TO DESIGNATE EMPLOYEES TO ADMINISTER OATHS SEPTEMBER 17, (legislative day SEPTEMBER 11, 1975.-Ordered to be printed Mr. CANNON, from the Committee on Rules and Administration, submitted the following REPORT [To accompany S. 2264] The Committee on Rules and Administration, to which was referred the bill (S. 2264) to authorize the Public Printer to designate employees to administer oaths, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. S. 2264 would authorize the Public Printer to designate employees to administer and certify the oath or affirmation of office required by section 3331 of title 5 of the United States Code and other oaths or affirmations that may be required by law or regulation with respect to the operation of the Government Printing Office. Any such employee designated in writing by the Public Printer would be authorized to administer and certify such oaths and affirmation, but could not charge or receive any fee or pay there for. A similar provision was contained in S. 1795 of the 93d Congress, which passed the Senate on June 28, 1973, but which was not acted upon by the House of Representatives. Although, pursuant to 44 U.S.C. 305, the Public Printer is authorized to employ *** [all] persons necessary for the work of the Government Printing Office", the language does not specifically grant. him the authority to administer oaths of office or other oaths necessary to the conduct of business at the Government Printing Office. Nor can this authority be inferred from the provisions of 5 U.S.C. 2903 dealing with the administering of oaths for the executive branch. That section specifically states: (a) The oath of office required by section 3331 of this title may be administered by an individual authorized by the laws of the United States or local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered. (b) An employee of an Executive agency designated in writing by the head of the Executive agency, or the Secretary of a military department with respect to an employee of his department, may administer (1) the oath of office required by section 3331 of this title, incident to entrance into the executive branch; or (2) any other oath required by law in connection with employment in the executive branch. (c) An oath authorized or required under the laws of the United States may be administered by (1) the Vice President: or (2) an individual authorized by local law to administer oaths in the State. District, or territory or possession of the United States where the oath is adininistered. Inasmuch as subsection (b) above applies only to executive branch agencies, the Government Printing Office, as a legislative branch agency, has been required to rely on notaries public authorized by the District of Columbia in accordance with subsection (a). Because of the limited number of notaries available for each agency, the result has been an insufficient number of persons qualified to administer the oath of office required by 5 U.S.C. 3331 and also handle other oaths necessary for the conduct of the business of the Government Printing Office such as EEO investigations, grievance appeals, etc., where testimony is required to be under oath, and also to cover those situations which require a notarial seal. Moreover, the procedure for qualifying notaries public is somewhat cumbersome and costly to the Office. As stated above, the number allotted to each agency is limited, and because of the necessity of relying on notaries to handle caths required in connection with employments, the Government Printing Office's needs exceed the available number. Second, notaries are required to post a bond for the faithful performance of the duties of their office, a sum reimbursed by the Office, as is the cost of the seal itself. If the Public Printer had the statutory authority to designate employees to administer oaths in connection with employment, this would avoid the cost of qualifying notaries where the position does not strictly require one. Also, the Public Printer would then be able to designate a sufficient number of employees to handle the workload in connection with oaths of office and other oaths in connection with employment, thereby relieving the notaries of a chore not performed by their counterparts in executive agencies and freeing them to perform only those services requiring a notary public. S.R. 372 A letter in support of the proposal addressed to Senator Howard W. Cannon, Chairman, Senate Committee on Rules and Administration, by Public Printer T. F. McCormick, is as follows: U.S. GOVERNMENT PRINTING OFFICE, Hon. HOWARD W. CANNON, Chairman, Senate Committee on Rules and Administration, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: Enclosed for your consideration is a draft of a bill which I respectfully request be introduced as early as possible in the current session of Congress. The proposed legislation will amend title 44, United States Code, to authorize the Public Printer to designate employees of the Government Printing Office to administer oaths in connection with the operations of the Government Printing Office. This provision was contained in S. 1795, which passed the Senate on June 28, 1973, and was referred to the Committee on House Administration in the House of Representatives. No action having been taken thereon by the House, the bill died at the end of the 93d Congress. S. 1795 would also have provided for an official Government Printing Office seal. That portion of the bill will be forwarded for your consideration at a later date in connection with another legislative proposal presently under consideration. A copy of S. 1795 and the Senate report thereon are enclosed for your information. Also enclosed is a statement explaining and justifying the proposed changes. I will be happy to furnish any additional information you desire. Sincerely yours, T. F. MCCORMICK, Public Printer. S.R. 372 CHANGES IN EXISTING LAW In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill S. 2264, as reported, are shown as follows (existing law in which no change is proposed is shown in roman, and new matter is shown in italic): TITLE 44, UNITED STATES CODE The Public Printer may designate employees of the Government Printing Office to administer and certify the oath or affirmation of office required by section 3331 of title 5 and other oaths or affirmations that may be required by law or regulations with respect to the operation of the Government Printing Office. Any such employee designated in writing by the Public Printer is authorized to administer and certify such oaths and affirmations, but may not charge or receive any fee or pay therefor. S.R. 372 |