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2 U.S.C. § 142bCertifying officers of the Library of Congress; accountability; relief by Comptroller General

submitted 69 years ago by Pub. L. 85-53 to r/title-2-THE-CONGRESS · 325 words · no verdicts yet

in plain englishAI-generated · not legal advice

Library of Congress employees who are authorized to certify payment vouchers are personally responsible for the accuracy and legality of what they certify. The Comptroller General can excuse an officer from that responsibility in certain cases, including a fixed rule for transportation-billing mistakes.

Since June 13, 1957, any Library of Congress officer or employee — including at the Copyright Office — whom the Librarian has authorized in writing to certify payment vouchers has four duties: (1) they must answer for the facts on the certificate or voucher being correct, and for the payment being legal under the appropriation or fund involved; (2) [Repealed] — this part no longer applies; (3) they must answer for the math on certified vouchers being correct; and (4) if an illegal, improper, or incorrect payment happened because of a false, inaccurate, or misleading certificate they signed — or any payment the law didn't allow — they must personally pay the United States back. The Comptroller General can excuse an officer from that liability in two situations: if the officer certified based on official records and, even using reasonable care, could not have found out the true facts; or if the officer acted in good faith, the payment didn't break any specific law banning that kind of payment, and the United States still got value for it. There's also a mandatory rule, not just a discretionary one: if a common carrier was overpaid for shipping costs under section 3726 of title 31 purely because the required pre-payment check skipped verifying transportation rates, freight classifications, or land grant deductions, the Comptroller General must excuse the certifying officer.
the actual law source: uscode.house.gov ↗public domain

On and after June 13, 1957, each officer and employee of the Library of Congress, including the Copyright Office, who has been duly authorized in writing by the Librarian of Congress to certify vouchers for payment from appropriations and funds, shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved; (2) [Repealed]; (3) be held responsible and accountable for the correctness of the computations of certified vouchers; and (4) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions.

Source credit: (Pub. L. 85–53, § 1, June 13, 1957, 71 Stat. 81; Pub. L. 92–310, title II, § 220(k), June 6, 1972, 86 Stat. 205.)

history & why it existsrecord from the source credit
  • 1957Enacted · Pub. L. 85-53 · 71 Stat. 81
  • 1972Amended · Pub. L. 92-310 · 86 Stat. 205

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-53 on 1957-06-13.

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