§ 613. — Disbursing and certifying officers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC613]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
Sec. 613. Disbursing and certifying officers
(a) Disbursing Officers.--The Director may designate in writing
officers and employees of the judicial branch of the Government,
including the courts as defined in section 610 other than the Supreme
Court, to be disbursing officers in such numbers and locations as the
Director considers necessary. Such disbursing officers shall--
(1) disburse moneys appropriated to the judicial branch and
other funds only in strict accordance with payment requests
certified by the Director or in accordance with subsection (b);
(2) examine payment requests as necessary to ascertain whether
they are in proper form, certified, and approved; and
(3) be held accountable for their actions as provided by law,
except that such a disbursing officer shall not be held accountable
or responsible for any illegal, improper, or incorrect payment
resulting from any false, inaccurate, or misleading certificate for
which a certifying officer is responsible under subsection (b).
(b) Certifying Officers.--
(1) In general.--The Director may designate in writing officers
and employees of the judicial branch of the Government, including
the courts as defined in section 610 other than the Supreme Court,
to certify payment requests payable from appropriations and funds.
Such certifying officers shall be responsible and accountable for--
(A) the existence and correctness of the facts recited in
the certificate or other request for payment or its supporting
papers;
(B) the legality of the proposed payment under the
appropriation or fund involved; and
(C) the correctness of the computations of certified payment
requests.
(2) Liability.--The liability of a certifying officer shall be
enforced in the same manner and to the same extent as provided by
law with respect to the enforcement of the liability of disbursing
and other accountable officers. A certifying officer shall be
required to make restitution to the United States for the amount of
any illegal, improper, or incorrect payment resulting from any
false, inaccurate, or misleading certificates made by the certifying
officer, as well as for any payment prohibited by law or which did
not represent a legal obligation under the appropriation or fund
involved.
(c) Rights.--A certifying or disbursing officer--
(1) has the right to apply for and obtain a decision by the
Comptroller General on any question of law involved in a payment
request presented for certification; and
(2) is entitled to relief from liability arising under this
section in accordance with title 31.
(d) Other Authority Not Affected.--Nothing in this section affects
the authority of the courts with respect to moneys deposited with the
courts under chapter 129 of this title.
(Added Pub. L. 106-518, title III, Sec. 304(a), Nov. 13, 2000, 114 Stat.
2417.)
Construction
Pub. L. 106-518, title III, Sec. 304(c), Nov. 13, 2000, 114 Stat.
2418, provided that: ``The amendment made by subsection (a) [enacting
this section] shall not be construed to authorize the hiring of any
Federal officer or employee.''
Similar Provisions
Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 304], Dec. 21, 2000,
114 Stat. 2762, 2762A-83, provided that:
``(a) The Director of the Administrative Office of the United States
Courts (the Director) may designate in writing officers and employees of
the judicial branch of the United States Government, including the
courts as defined in section 610 of title 28, United States Code, but
excluding the Supreme Court, to be disbursing officers in such numbers
and locations as the Director considers necessary. These disbursing
officers will: (1) disburse moneys appropriated to the judicial branch
and other funds only in strict accordance with payment requests
certified by the Director or in accordance with subsection (b) of this
section; (2) examine payment requests as necessary to ascertain whether
they are in proper form, certified, and approved; and (3) be held
accountable as provided by law. However, a disbursing officer will not
be held accountable or responsible for any illegal, improper, or
incorrect payment resulting from any false, inaccurate, or misleading
certificate for which a certifying officer is responsible under
subsection (b) of this section.
``(b)(1) The Director may designate in writing officers and
employees of the judicial branch of the United States Government,
including the courts as defined in section 610 of title 28, United
States Code, but excluding the Supreme Court, to certify payment
requests payable from appropriations and funds. These certifying
officers will be responsible and accountable for: (A) the existence and
correctness of the facts recited in the certificate or other request for
payment or its supporting papers; (B) the legality of the proposed
payment under the appropriation or fund involved; and (C) the
correctness of the computations of certified payment requests.
``(2) The liability of a certifying officer will be enforced in the
same manner and to the same extent as provided by law with respect to
the enforcement of the liability of disbursing and other accountable
officers. A certifying officer shall be required to make restitution to
the United States for the amount of any illegal, improper, or incorrect
payment resulting from any false, inaccurate, or misleading certificates
made by the certifying officer, as well as for any payment prohibited by
law or which did not represent a legal obligation under the
appropriation or fund involved.
``(c) A certifying or disbursing officer: (1) has the right to apply
for and obtain a decision by the Comptroller General on any question of
law involved in a payment request presented for certification; and (2)
is entitled to relief from liability arising under this section as
provided by law.
``(d) The Director shall disburse, directly or through officials
designated pursuant to this section, appropriations and other funds for
the maintenance and operation of the courts.
``(e) Nothing in this section affects the authority of the courts to
receive or disburse moneys in accordance with chapter 129 of title 28,
United States Code.
``(f) This section shall be effective for fiscal year 2001 and
hereafter.''
