§142b — Title 2 The Congress | U.S. Code

Summary

On and after June 13, 1957, any Library of Congress officer or employee (including the Copyright Office) who the Librarian has put in writing in charge of signing vouchers for payment must take responsibility for those payments. They must make sure the facts on the voucher and its backup papers are true, that the payment is allowed under the right appropriation or fund, and that the math is correct. They must repay the United States for any illegal, wrong, or improper payments caused by false or misleading certificates or by payments that were not lawful obligations. The Comptroller General of the United States can forgive this liability in two cases: if the certifier relied on official records and could not reasonably have known the true facts, or if the obligation was made in good faith, was not specifically barred by law, and the United States received value for the payment. The Comptroller General must also forgive overpayments to a common carrier covered by section 3726 of title 31 when the overpayment happened only because the prepayment check did not verify rates, freight classifications, or land grant deductions.

Title 2, §142b

The Congress — Source: USLM XML via OLRC

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or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved; (2) [Repealed]; (3) be held responsible and accountable for the correctness of the computations of certified vouchers; and (4) be held accountable for and required to make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.

Notes & Related Subsidiaries

Editorial Notes

Codification “Section 3726 of title 31” substituted in text for “title III, part II, section 322, of the Transportation Act of 1940, approved September 18, 1940 [31 U.S.C. 244]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1972—Pub. L. 92–310 struck out provisions which required officers and employees of Library who are authorized to certify vouchers for payment to give a bond.

§142b Certifying Officers of the Library of Congress; Accountability; Relief by Comptroller General

Summary

Title 2, §142b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata