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2 U.S.C. § 142eDisbursing Officer of the Library of Congress; disbursements for Congressional Budget Office, accountability; financial management support to Congressional Budget Office under agreement of Librarian of Congress and Director of Congressional Budget Office; Congressional Budget Office certifying officers: voucher certifications, accountability, relief by Comptroller General

submitted 46 years ago by Pub. L. 96-536 to r/title-2-THE-CONGRESS · 507 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since January 1, 1976, the Library of Congress's Disbursing Officer pays the Congressional Budget Office's bills and computes CBO staff pay. CBO's own certifying officers are personally responsible for the accuracy of what they certify, with the same Comptroller General relief rules as Library of Congress officers.

Since January 1, 1976, the Disbursing Officer of the Library of Congress may pay out money Congress appropriated for the Congressional Budget Office (CBO). The Library of Congress must also give CBO financial management support, as agreed between the Librarian of Congress and the CBO Director. The Library of Congress also computes and pays the basic salary of every CBO employee, following section 5504 of title 5 — except the CBO Director. Because the Director heads the agency, the Director's pay is instead computed and paid under section 5505 of title 5. Before the Library of Congress pays any CBO voucher, an officer or employee of CBO whom the CBO Director has authorized in writing must certify it. Those CBO certifying officers have the same duties as Library of Congress certifying officers under section 142b: (1) they answer for the facts on the certificate being correct and the payment being legal; (2) they answer for the correctness of the math on their certifications; and (3) they must personally repay the United States for any illegal, improper, or incorrect payment caused by a false, inaccurate, or misleading certificate they signed, or for any payment the law didn't allow. The Comptroller General can excuse a CBO certifying officer from this liability under the same two conditions as section 142b: when the officer certified based on official records and could not, with reasonable care, have discovered the truth, or when the officer acted in good faith, no specific law banned the payment, and the United States received value for it. As under section 142b, the Comptroller General must excuse an officer for a common-carrier transportation overpayment that happened only because the required pre-payment check skipped verifying transportation rates, freight classifications, or land grant deductions. Finally, the Library of Congress's own Disbursing Officer is not responsible for illegal, improper, or incorrect payments caused by a false CBO certificate — that responsibility belongs to the CBO certifying officer or employee who signed it.
the actual law source: uscode.house.gov ↗public domain

From and after January 1, 1976, the Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Congressional Budget Office, and the Library of Congress shall provide financial management support to the Congressional Budget Office as may be required and mutually agreed to by the Librarian of Congress and the Director of the Congressional Budget Office. The Library of Congress is further authorized to compute and disburse the basic pay of all personnel of the Congressional Budget Office pursuant to the provisions of section 5504 of title 5, except the Director, who as head of an agency, shall have pay computed and disbursed pursuant to the provisions of section 5505 of title 5.

All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Congressional Budget Office duly authorized in writing by the Director of the Congressional Budget Office to certify payments from appropriations of the Congressional Budget Office. The Congressional Budget Office certifying officers 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 paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) 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 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.

The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Congressional Budget Office.

Source credit: (Pub. L. 96–536, § 101(c), Dec. 16, 1980, 94 Stat. 3167.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-536 · 94 Stat. 3167

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-536 on 1980-12-16.

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