CHANROBLES VIRTUAL LAW LIBRARY

ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index ChanRobles LawTube - Social Network Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Supreme Court Jurisprudence United States Laws, Statutes & Codes

US LAWS, STATUTES & CODES ON-LINE

ChanRobles On-Line Bar Review

supreme.chanrobles.com


google search for chanrobles.comSearch for www.chanrobles.com

§ 308. —  Disbursing officer; deputy disbursing officer; certifying officers and employees. - US § 308. —  Disbursing officer; deputy disbursing officer; certifying officers and employees. - US Code : CHAN ROBLES VIRTUAL LAW LIBRARY

[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 44USC308]

 
                 TITLE 44--PUBLIC PRINTING AND DOCUMENTS
 
                  CHAPTER 3--GOVERNMENT PRINTING OFFICE
 
Sec. 308. Disbursing officer; deputy disbursing officer; 
        certifying officers and employees
        
    (a) The Public Printer shall appoint from time to time a disbursing 
officer of the Government Printing Office (including the Office of the 
Superintendent of Documents) who shall be under the direction of the 
Public Printer. The disbursing officer shall (1) disburse moneys of the 
Government Printing Office only upon, and in strict accordance with, 
vouchers certified by the Public Printer or by an officer or employee of 
the Government Printing Office authorized in writing by the Public 
Printer to certify such vouchers, (2) make such examination of vouchers 
as may be necessary to ascertain whether they are in proper form, 
certified, and approved, and (3) be held accountable accordingly. 
However, the disbursing officer 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, under subsection (c) of this section, is 
imposed upon a certifying officer or employee of the Government Printing 
Office.
    (b)(1) Upon the death, resignation, or separation from office of the 
disbursing officer, his accounts may be continued, and payments and 
collection may be made in his name, by any individual designated as a 
deputy disbursing officer by the Public Printer, for a period of time 
not to extend beyond the last day of the second month following the 
month in which the death, resignation, or separation occurred. Accounts 
and payments shall be allowed, audited, and settled, and checks signed 
in the name of the former disbursing officer by a deputy disbursing 
officer shall be honored in the same manner as if the former disbursing 
officer had continued in office.
    (2) A former disbursing officer of the Government Printing Office or 
his estate may not be subject to any legal liability or penalty for the 
official accounts or defaults of the deputy disbursing officer acting in 
the name or in the place of the former disbursing officer. Each deputy 
disbursing officer is responsible for accounts entrusted to him under 
paragraph (1) of this subsection, and the deputy disbursing officer is 
liable for any default occurring during his service under such 
paragraph.
    (c)(1) The Public Printer may designate in writing officers and 
employees of the Government Printing Office to certify vouchers for 
payment from appropriations and funds. Such officers and employees shall 
(A) be responsible for the existence and correctness of the facts 
recited in the certificate or other voucher or its supporting papers and 
for the legality of the proposed payment under the appropriation or fund 
involved, (B) be responsible and accountable for the correctness of the 
computations of certified vouchers, and (C) be accountable for, and 
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 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. However, 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 that (i) the certification was based on the 
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 (ii) when the obligation was incurred 
in good faith, 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. 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.
    (2) The liability of such certifying officers or employees 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. Such certifying officers and employees shall have 
the right to apply for and obtain a decision by the Comptroller General 
on any question of law involved in a payment on any vouchers presented 
to them for certification.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 92-310, title II, 
Sec. 210(b), June 6, 1972, 86 Stat. 204; Pub. L. 93-459, Sec. 1(a), Oct. 
20, 1974, 88 Stat. 1384; Pub. L. 95-473, Sec. 2(a)(5), Oct. 17, 1978, 92 
Stat. 1466; Pub. L. 97-258, Sec. 3(m)(1), Sept. 13, 1982, 96 Stat. 
1066.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Secs. 52a, 63, 73 (part) (June 25, 
1910, ch. 384, Sec. 1, 36 Stat. 770; Feb. 20, 1923, ch. 98, 42 Stat. 
1278; Pub. L. 86-31, May 26, 1959, 73 Stat. 60).
    The last paragraph of this section is from former section 73; the 
remainder of that section will be found in section 1702 of the revision.
    Paragraph (a) deleted as executed.


                               Amendments

    1982--Subsec. (c)(1). Pub. L. 97-258 substituted ``section 3726 of 
title 31'' for ``section 244 of title 31''.
    1978--Subsec. (c)(1). Pub. L. 95-473 substituted ``section 244 of 
title 31'' for ``section 66 of title 49''.
    1974--Pub. L. 93-459 substituted ``Disbursing officer; deputy 
disbursing officer; certifying officers and employees'' for ``Disbursing 
officer: continuation and settlement of accounts during vacancy in 
office; responsibility for accounts; disbursements for Superintendent of 
Documents'' in section catchline.
    Subsec. (a). Pub. L. 93-459 added subsec. (a). Former subsec. (a) 
redesignated (b)(1).
    Subsec. (b)(1). Pub. L. 93-459 redesignated provisions of former 
subsec. (a) as subsec. (b)(1) and substituted ``by any individual 
designated as a deputy disbursing officer by the Public Printer'' for 
``by the deputy disbursing officer or officers designated by the Public 
Printer''.
    Subsec. (b)(2). Pub. L. 93-459 redesignated provisions of former 
subsec. (b) as subsec. (b)(2) and substituted ``paragraph (1) of this 
subsection'' for ``subsection (a) of this section'', and ``under such 
paragraph'' for ``under subsection (a) of this section''.
    Subsec. (c). Pub. L. 93-459 added subsec. (c). Former subsec. (c), 
relating to disbursements on account of salaries or other expenses of 
the office of the Superintendent of Documents, was struck out.
    1972--Subsec. (b). Pub. L. 92-310 struck out provisions which 
related to sureties on official bonds.




Back

Chan Robles Virtual Law Library

google search for chanrobles.com Search for www.chanrobles.com









cralaw

  Copyright©1998- present | chanrobles.com   Disclaimer   E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
nad