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31 U.S.C. § 3528 — Responsibilities and relief from liability of certifying officials

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3528 — Responsibilities and relief from liability of certifying officials

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Stable record: federal_law:legal_authorities:record_usc_b966664bf29c0df196d3f018
Source file: Laws/federal/codes/united-states-code/title-31/section-3528-responsibilities-and-relief-from-liability-of-certifying-officials--0bd4e993d1.md
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Source location: Title 31, Chapter 35, § 3528; chapter-035-accounting-and-collection.md

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**(a)** A certifying official certifying a voucher is responsible for— (1) information stated in the certificate, voucher, and supporting records; (2) the computation of a certified voucher under this section and [section 3325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3325&num=0&edition=prelim); (3) the legality of a proposed payment under the appropriation or fund involved; (4) repaying a payment— (A) illegal, improper, or incorrect because of an inaccurate or misleading certificate; (B) prohibited by law; or (C) that does not represent a legal obligation under the appropriation or fund involved; and (5) verifying transportation rates, freight classifications, and other information provided on a Government bill of lading or transportation request, unless the Administrator of General Services has determined that verification by a prepayment audit conducted pursuant to [section 3726(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3726/a&num=0&edition=prelim) for a particular mode or modes of transportation, or for an agency or subagency, will not adequately protect the interests of the Government. **(b)** (1) The Comptroller General may relieve a certifying official from liability when the Comptroller General decides that— (A) the certification was based on official records and the official did not know, and by reasonable diligence and inquiry could not have discovered, the correct information; or (B) (i) the obligation was incurred in good faith; (ii) no law specifically prohibited the payment; and (iii) the United States Government received value for payment. (2) The Comptroller General may deny relief when the Comptroller General decides the head of the agency did not carry out diligently collection action under procedures prescribed by the Comptroller General. **(c)** The Comptroller General shall relieve a certifying official from liability for an overpayment— (1) to a common carrier under [section 3726 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3726&num=0&edition=prelim) when the Comptroller General decides the overpayment occurred only because the administrative audit before payment did not verify transportation rates, freight classifications, or land-grant deductions and the Administrator of General Services has determined that verification by a prepayment audit conducted pursuant to [section 3726(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3726/a&num=0&edition=prelim) for a particular mode or modes of transportation, or for an agency or subagency, will not adequately protect the interests of the Government; or (2) provided under a Government bill of lading or transportation request when the overpayment was the result of using improper transportation rates or classifications or the failure to deduct the proper amount under a land-grant law or agreement and the Administrator of General Services has determined that verification by a prepayment audit conducted pursuant to [section 3726(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3726/a&num=0&edition=prelim) for a particular mode or modes of transportation, or for an agency or subagency, will not adequately protect the interests of the Government.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3322 — Disbursing officials

**(a)** The Secretary of the Treasury shall transfer public money to a disbursing official only by draft or warrant written on the Treasury. Except as provided in section 3716 and [section 3720A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3720a&num=0&edition=prelim) and subsection (b) of this section, a disbursing official shall— (1) deposit public money as required by [section 3302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim); and (2) draw public money from the Treasury or a depositary only— (A) as necessary to make payments; and (B) payable to persons to whom payment is to be made. **(b)** In a place without a depositary, the Secretary, on deciding it is essential to the public interest, may authorize specially in writing that public money be— (1) deposited in any other public depositary; or (2) kept in another manner under regulations the Secretary decides are the safest and most effective in making a payment to a public creditor easier. **(c)** A disbursing official is not liable for an overpayment provided under a United States Government bill of lading or transportation request when the overpayment is caused by the— (1) use of improper transportation rates or classifications if the Administrator of General Services has determined that verification by a prepayment audit conducted pursuant to [section 3726(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3726/a&num=0&edition=prelim) for a particular mode or modes of transportation, or for an agency or subagency, will not adequately protect the interests of the Government; or (2) failure to deduct the proper amount under— (A) a land grant

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 490 — Minor coins

Whoever falsely makes, forges, or counterfeits any coin in the resemblance or similitude of any of the one-cent and 5-cent coins minted at the mints of the United States; or

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3325 — Vouchers

**(a)** A disbursing official in the executive branch of the United States Government shall— (1) disburse money only as provided by a voucher certified by— (A) the head of the executive agency concerned; or (B) an officer or employee of the executive agency having written authorization from the head of the agency to certify vouchers; (2) examine a voucher if necessary to decide if it is— (A) in proper form; (B) certified and approved; and (C) computed correctly on the facts certified; and (3) except for the correctness of computations on a voucher or pursuant to payment intercepts or offsets pursuant to section 3716 or 3720A of this title,,11 So in original. be held accountable for carrying out clauses (1) and (2) of this subsection. **(b)** In addition to officers and employees referred to in subsection (a)(1)(B) of this section as having authorization to certify vouchers, members of the armed forces may certify vouchers when authorized, in writing, by the Secretary of Defense or, in the case of the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Homeland Security. **(c)** On request, the Secretary of the Treasury may provide to the appropriate officer or employee of the United States Government a list of persons receiving periodic payments from the Government. When certified and in proper form, the list may be used as a voucher on which the Secretary may disburse money. **(d)** The head of an executive agency or an officer or employee of an executive agency referred to in subsection (a)(1)(B), as applicable, shall include with each certified voucher submitted to a disbursing official pursuant to this section the taxpayer identifying number of each person to whom payment may be made under the voucher.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3325

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3726 — Payment for transportation

**(a)** (1) Each agency that receives a bill from a carrier or freight forwarder for transporting an individual or property for the United States Government shall verify its correctness (to include transportation rates, freight classifications, or proper combinations thereof), using prepayment audit, prior to payment in accordance with the requirements of this section and regulations prescribed by the Administrator of General Services. (2) The Administrator of General Services may exempt bills, a particular mode or modes of transportation, or an agency or subagency from a prepayment audit and verification and in lieu thereof require a postpayment audit, based on cost effectiveness, public interest, or other factors the Administrator considers appropriate. (3) Expenses for prepayment audits shall be funded by the agency’s appropriations used for the transportation services. (4) The audit authority provided to agencies by this section is subject to oversight by the Administrator. **(b)** The Administrator may conduct pre- or post-payment audits of transportation bills of any Federal agency. The number and types of bills audited shall be based on the Administrator’s judgment. **(c)** (1) The Administrator shall adjudicate transportation claims which cannot be resolved by the agency procuring the transportation services, or the carrier or freight-forwarder presenting the bill. (2) A claim under this section shall be allowed only if it is received by the Administrator not later than 3 years (excluding time of war) after the later of the following dates: (A) The date of accrual of the claim. (B) The date payment for the transportation is made. (C) The date a refund for an overpayment for the transportation is made. (D) The date a deduction under subsection

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 594 — Authority and duties of an independent counsel

**(a) Authorities.—** Notwithstanding any other provision of law, an independent counsel appointed under this chapter shall have, with respect to all matters in such independent counsel’s prosecutorial jurisdiction established under this chapter, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney General’s personal action under [section 2516 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2516&num=0&edition=prelim). Such investigative and prosecutorial functions and powers shall include— (1) conducting proceedings before grand juries and other investigations; (2) participating in court proceedings and engaging in any litigation, including civil and criminal matters, that such independent counsel considers necessary; (3) appealing any decision of a court in any case or proceeding in which such independent counsel participates in an official capacity; (4) reviewing all documentary evidence available from any source; (5) determining whether to contest the assertion of any testimonial privilege; (6) receiving appropriate national security clearances and, if necessary, contesting in court (including, where appropriate, participating in in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security; (7) making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpoenas, or other court orders, and, f

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 594

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3321 — Disbursing authority in the executive branch

**(a)** Except as provided in this section or another law, only officers and employees of the Department of the Treasury designated by the Secretary of the Treasury as disbursing officials may disburse public money available for expenditure by an executive agency. **(b)** For economy and efficiency, the Secretary may delegate the authority to disburse public money to officers and employees of other executive agencies. **(c)** The head of each of the following executive agencies shall designate personnel of the agency as disbursing officials to disburse public money available for expenditure by the agency: (1) United States Marshal’s Office. (2) The Department of Defense. (3) The Department of Homeland Security.11 So in original. The period probably should not appear. (with respect to public money available for expenditure by the Coast Guard when it is not operating as a service in the Navy). **(d)** On request of the Secretary and with the approval of the head of an executive agency referred to in subsection (c) of this section, facilities of the agency may be used to assist in disbursing public money available for expenditure by another executive agency.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3321

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3528 — Responsibilities and relief from liability

Page 287 TITLE 31—MONEY AND FINANCE § 3528 Subsection (e) is substituted for 31:82a–2(b)(last sen- tence) and 95a(last sentence) to eliminate unnecessary words. Editorial Notes AMENDMENTS 2006—Subsec. (b)(1)(A)(i), (B). Pub. L. 109–241 sub- stituted ‘‘Secretary of Homeland Security’’ for ‘‘Sec- retary of Transportation’’. 1996—Subsec. (b)(1). Pub. L. 104–106, § 913(c)(4)(C)–(F), inserted ‘‘(A) in the case of a physical loss or defi- ciency—’’, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, and added subpar. (B). Pub. L. 104–106, § 913(c)(4)(A), (B), in introductory pro- visions, substituted ‘‘an official of the armed forces re- ferred to in subsection (a)’’ for ‘‘a disbursing official of the armed forces’’ and ‘‘records, or a payment described in section 3528(a)(4)(A) of this title,’’ for ‘‘records,’’. Subsec. (b)(1)(A)(i). Pub. L. 104–201, § 1009(c)(2)(A), in- serted ‘‘(or the Secretary of Transportation, in the case of a disbursing official of the Coast Guard when the Coast Guard is not operating as a service in the Navy)’’ after ‘‘Department of Defense’’. Subsec. (b)(1)(B). Pub. L. 104–201, § 1009(c)(2)(B), in- serted ‘‘(or the Secretary of Transportation, in the case of a disbursing official of the Coast Guard when the Coast Guard is not operating as a service in the Navy)’’ after ‘‘or the Secretary of the appropriate military de- partment’’. § 3528. Responsibilities and relief from liability of certifying officials (a) A certifying official certifying a voucher is responsible for— (1) information stated in the certificate, voucher, and supporting records; (2) the computation of a certified voucher under this section and section 3325 of this title; (3) the legality of a proposed payment under the appropriation

Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 3528

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