31 U.S.C. § 3529 — Requests for decisions of the Comptroller

Page 288 TITLE 31—MONEY AND FINANCE § 3529 essary word. The words ‘‘made by him’’ are omitted as surplus. In subsection (b), before clause (1), the words ‘‘in his discretion’’ and ‘‘for any payment otherwise proper’’ are omitted as surplus. Clause (2)(B) is substituted for ‘‘the payment was not contrary to any statutory provi- sion specifically prohibiting payments of the character involved’’ to eliminate unnecessary words. In subsection (c), before clause (1), the word ‘‘serv- ices’’ in 31:82c(last proviso) is omitted as surplus. The words ‘‘On and after June 1, 1942’’ in 31:82g(related to certifying officers) are omitted as executed. The word ‘‘audit’’ is substituted for ‘‘examination’’ for consist- ency in the revised title and with other titles of the Code. The words ‘‘of the transportation bill’’ are omit- ted as surplus. In clause (2), the words ‘‘equalization and other’’ in 31:82g are omitted as surplus. In subsection (d), the words ‘‘under the jurisdiction’’ are omitted as surplus. The words ‘‘a military depart- ment of the Department of Defense’’ are substituted for ‘‘the Department of the Army, the Navy Department (including the Marine Corps)’’ for consistency with title 10. The words ‘‘and the Panama Canal’’ (subse- quently changed to ‘‘the Canal Zone Government’’ by section 2(a)(1) of the Act of September 26, 1950 (ch. 1049, 64 Stat. 1038)) are omitted because of the Panama Canal Act of 1979 (Pub. L. 96–70, 93 Stat. 452). The word ‘‘pay’’ is substituted for ‘‘salaries’’ for consistency in the re- vised title and with other titles of the Code. 1984 ACT This clarifies section 3528(b) by restoring the author- ity of the Comptroller General to deny relief to certi- fying officials in the same way relief may be denied to disbursing officials. Editorial Notes AMENDMENTS 1998—Subsec. (a)(5). Pub. L. 105–264, § 3(a)(2)(A), added par. (5). Subsec. (c)(1). Pub. L. 105–264, § 3(a)(2)(B), inserted ‘‘and the Administrator of General Services has deter- mined that verification by a prepayment audit con- ducted pursuant to section 3726(a) of this title for a par- ticular mode or modes of transportation, or for an agency or subagency, will not adequately protect the interests of the Government’’ after ‘‘deductions’’. Subsec. (c)(2). Pub. L. 105–264, § 3(a)(2)(C), inserted ‘‘and the Administrator of General Services has deter- mined that verification by a prepayment audit con- ducted pursuant to section 3726(a) of this title for a par- ticular mode or modes of transportation, or for an agency or subagency, will not adequately protect the interests of the Government’’ after ‘‘agreement’’. 1996—Subsec. (d). Pub. L. 104–106 struck out subsec. (d) which read as follows: ‘‘This section does not apply to disbursements of a military department of the De- partment of Defense, except disbursements for depart- mental pay and expenses in the District of Columbia.’’ 1984—Subsec. (b). Pub. L. 98–216 designated existing provisions as par. (1), substituted designations of sub- pars. (A) and (B) and cls. (i), (ii), and (iii) for former designations of pars. (1) and (2) and subpars. (A), (B), and (C), respectively, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–264 effective 18 months after Oct. 19, 1998, see section 3(b) of Pub. L. 105–264, set out as a note under section 3322 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–216 effective Sept. 13, 1982, see section 4(c) of Pub. L. 98–216, set out as a note under section 490 of Title 18, Crimes and Criminal Procedure. § 3529. Requests for decisions of the Comptroller General (a) A disbursing or certifying official or the head of an agency may request a decision from the Comptroller General on a question involv- ing— (1) a payment the disbursing official or head of the agency will make; or (2) a voucher presented to a certifying offi- cial for certification. (b)(1) Except as provided in paragraph (2), the Comptroller General shall issue a decision re- quested under this section. (2) A decision requested under this section concerning a function transferred to or vested in the Director of the Office of Management and Budget under section 211(a) of the Legislative Branch Appropriations Act, 1996 (109 Stat. 535), as in effect immediately before the effective date of title II of the General Accounting Office Act of 1996, or under this Act, shall be issued— (A) by the Director of the Office of Manage- ment and Budget, except as provided in sub- paragraph (B); or (B) in the case of a function delegated by the Director to another agency, by the head of the agency to which the function was delegated. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 967; Pub. L. 104–316, title II, § 204, Oct. 19, 1996, 110 Stat. 3845.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3529 ......... 31:44(1st sentence). June 10, 1921, ch. 18, § 304(1st par. 1st sentence), 42 Stat. 24. 31:74(last par. words before 4th comma). July 31, 1894, ch. 174, § 8(6th par. words before 4th comma), 28 Stat. 208. 31:82d(words after semicolon). Dec. 29, 1941, ch. 641, §§ 3(words after semicolon), 4(related to § 3 ), 55 Stat. 876. 31:82e(related to 31:82d). In subsection (a), before clause (1), the text of 31:82e(related to 82d) is omitted as unnecessary because it does not apply to 31:82d. The words ‘‘of law’’ in 31:82d(words after semicolon) are omitted as surplus. In clause (1), the words ‘‘or under them’’ in 31:74(last par. words before 4th comma) are omitted as unnecessary. In clause (2), the words ‘‘a payment on’’ in 31:82d(words after semicolon) are omitted as surplus. In subsection (b), the word ‘‘issue’’ is substituted for ‘‘render’’ in 31:74(last par. words before 4th comma) and ‘‘obtain’’ in 31:82d(words after semicolon) because of the restatement. Editorial Notes REFERENCES IN TEXT Section 211(a) of the Legislative Branch Appropria- tions Act, 1996, as in effect immediately before the ef- fective date of title II of the General Accounting Office Act of 1996, referred to in subsec. (b)(2), is section 211(a) of Pub. L. 104–53, which is set out as a note under sec- tion 501 of this title, as in effect before Oct. 19, 1996, the date of enactment of the General Accounting Office Act of 1996, Pub. L. 104–316, section 203 of which amended section 211 of Pub. L. 104–53 generally. This Act, referred to in subsec. (b)(2), probably means Pub. L. 104–316, Oct. 19, 1996, 110 Stat. 3286, known as the General Accounting Office Act of 1996, which en- acted subsec. (b)(2) of this section. For complete classi- fication of this Act to the Code, see Tables. Page 289 TITLE 31—MONEY AND FINANCE § 3541 AMENDMENTS 1996—Subsec. (b). Pub. L. 104–316 designated existing provisions as par. (1) and substituted ‘‘Except as pro- vided in paragraph (2), the Comptroller General’’ for ‘‘The Comptroller General’’, and added par. (2). § 3530. Adjusting accounts (a) An appropriation or fund currently avail- able for the expense of an accountable function shall be charged with an amount necessary to adjust an account of an accountable official or agent when— (1) necessary to adjust the account for a loss to the United States Government resulting from the fault or negligence of the official or agent; and (2) the head of the agency decides the loss is uncollectable. (b) An adjustment does not affect the personal financial liability of an official or agent for the loss. (c) The Comptroller General shall prescribe regulations to carry out subsection (a) of this section. (d) Under procedures prescribed by the Comp- troller General, the head of an agency may charge the net amount of unpaid and overpaid balances in individual pay accounts against the appropriation for the fiscal year in which the balances occurred and from which the accounts were payable. The net amount shall be credited to and paid from the corresponding appropria- tion for the next fiscal year. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 967.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3530(a) ..... 31:1202(a)(1st sen- tence). June 6, 1972, Pub. L. 92–310, § 102, 86 Stat. 201. 3530(b) ..... 31:1202(a)(last sen- tence). 3530(c) ..... 31:1202(b). 3530(d) ..... 31:581d. July 15, 1954, ch. 509, § 3(a), 68 Stat. 483. In subsection (a), before clause (1), the words ‘‘restore or otherwise’’ are omitted as surplus. The word ‘‘cur- rently’’ is substituted for ‘‘at the time the restoration or adjustment is made’’ to eliminate unnecessary words. The word ‘‘official’’ is substituted for ‘‘officer’’ for consistency in the revised title and with other titles of the United States Code. In clause (2), the words ‘‘concerned’’ and ‘‘the amount of’’ are omitted as sur- plus. In subsection (b), the words ‘‘restoration or’’ are omitted as surplus and because of the restatement. In subsections (c) and (d), the words ‘‘of the United States’’ are omitted as surplus. In subsection (c), the words ‘‘and issue’’ are omitted as surplus. The words ‘‘to carry out subsection (a) of this section’’ are substituted for ‘‘The restorations and adjustments provided for by subsection (a) of this sec- tion shall be made in accordance with’’ to eliminate unnecessary words. In subsection (d), the word ‘‘settlement’’ is omitted as surplus. The words ‘‘the Secretary of the department concerned or . . . or independent establishment con- cerned’’ are omitted as unnecessary because of the re- statement. The word ‘‘occurring’’ is omitted as surplus. The word ‘‘accounts’’ is substituted for ‘‘amount’’ be- fore ‘‘was payable’’ for clarity. The word ‘‘succeeding’’ is omitted as surplus. [§ 3531. Repealed. Pub. L. 104–316, title I, § 115(f)(1), Oct. 19, 1996, 110 Stat. 3834] Section, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 967, re- lated to certification by heads of executive depart- ments to Comptroller General regarding losses result- ing from public property entrusted to officials or agents. § 3532. Notification of account deficiencies An accounting official discovering a deficiency in an account of an official of the United States Government having custody of public money shall notify the head of the agency having juris- diction of the official of the kind and amount of the deficiency. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 968.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3532 ......... 31:497a. June 6, 1972, Pub. L. 92–310, § 260, 86 Stat. 215. The word ‘‘official’’ is substituted for ‘‘officers’’, and the word ‘‘Government’’ is added, for consistency in the revised title and with other titles of the United States Code. The words ‘‘having custody of public money’’ are substituted for ‘‘or in the accounts of any officer dis- bursing or chargeable with public money’’ for clarity and consistency. The words ‘‘immediately’’ and ‘‘the af- fairs of . . . or officer’’ are omitted as surplus. SUBCHAPTER IV—COLLECTION § 3541. Distress warrants (a) When an official receiving public money before it is paid to the Treasury or a disbursing or certifying official of the United States Gov- ernment does not submit an account or pay the money as prescribed by law, the Comptroller General shall make the account for the official and certify to the Secretary of the Treasury the amount due the Government. (b) The Secretary shall issue a distress war- rant against the official stating the amount due from the official and any amount paid. The war- rant shall be directed to the marshal of the dis- trict in which the official resides. If the Sec- retary intends to take and sell the property of an official that is located in a district other than where the official resides, the warrant shall be directed to the marshal of the district in which the official resides and the marshal of the district in which the property is located. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 968.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3541(a) ..... 31:44(1st sentence). June 10, 1921, ch. 18, § 304(1st par. 1st sentence), 42 Stat. 24. 31:82d(words before semicolon). Dec. 29, 1941, ch. 641, § 3(words before semicolon), 55 Stat. 876. 31:506(1st sentence words before 8th comma). R.S. § 3625; Feb. 27, 1877, ch. 69(9th complete par. on p. 249), 19 Stat. 249; July 31, 1894, ch. 174, § 4(5th par.), 28 Stat. 206; June 6, 1972, Pub. L. 92–310, § 231(k), 86 Stat. 210. 31:514. R.S. § 3633; July 31, 1894, ch. 174, § 4(last par.), 28 Stat. 206. 31:516. R.S. 3634; June 6, 1972, Pub. L. 92–310, § 231(q), 86 Stat. 210.