
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.''
