PRIA, Government Policy, Made Personal

Summary

Starting January 1, 1976, the Library of Congress’s Disbursing Officer may pay money that Congress has set aside for the Congressional Budget Office (CBO). The Library must give financial and payroll help to the CBO when the Librarian of Congress and the Director of the CBO agree. The Library will compute and pay basic salaries for CBO staff under 5 U.S.C. 5504, except the CBO Director’s pay is handled under 5 U.S.C. 5505. Any payment request the Library pays must also have a written certification from a CBO officer or employee whom the CBO Director has authorized in writing. CBO certifying officers must make sure the facts on the payment papers are true, the math is correct, and the payment is legal. If a false or wrong certificate causes an illegal or improper payment, the certifying officer must repay the United States. The Comptroller General can excuse a certifying officer if the officer relied on official records and could not have found the truth with reasonable effort, or if the payment was made in good faith, was not clearly barred by law, and the U.S. received value. The Comptroller General must also excuse certain overpayments to common carriers under 31 U.S.C. 3726 when the overpayment happened only because prepayment checks did not verify rates or classifications. The Library’s Disbursing Officer is not responsible for wrong payments caused by a CBO certifying officer’s false or misleading certificate.

Title 2, §142e

The Congress, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Codification In the second par., “section 3726 of title 31” substituted for “section 244 of title 31” 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. Section is based on section 207 of title II of H.R. 7593, as passed the House of Representatives on July 21, 1980, and incorporated by reference in section 101(c) of Pub. L. 96–536, to be effective as if enacted into law.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts: Pub. L. 96–86, § 101(c) [H.R. 4390, title II, § 207], Oct. 12, 1979, 93 Stat. 657. Pub. L. 95–391, title II, § 207, Sept. 30, 1978, 92 Stat. 786. Pub. L. 95–94, title II, § 207, Aug. 5, 1977, 91 Stat. 678. Pub. L. 94–440, title VIII, § 808, Oct. 1, 1976, 90 Stat. 1458. Pub. L. 94–157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835.

Summary

Title 2, §142e

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata