
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC3528]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
                  CHAPTER 35--ACCOUNTING AND COLLECTION
 
             SUBCHAPTER III--AUDITING AND SETTLING ACCOUNTS
 
Sec. 3528. Responsibilities and relief from liability of 
        certifying officials
        
    (a) A certifying official certifying a voucher is responsible for--
        (1) information stated in the certificate, voucher, and 
    supporting records;
        (2) the computation of a certified voucher under this section 
    and section 3325 of this title;
        (3) the legality of a proposed payment under the appropriation 
    or fund involved;
        (4) repaying a payment--
            (A) illegal, improper, or incorrect because of an inaccurate 
        or misleading certificate;
            (B) prohibited by law; or
            (C) that does not represent a legal obligation under the 
        appropriation or fund involved; and

        (5) verifying transportation rates, freight classifications, and 
    other information provided on a Government bill of lading or 
    transportation request, unless the Administrator of General Services 
    has determined that verification by a prepayment audit conducted 
    pursuant to section 3726(a) of this title for a particular mode or 
    modes of transportation, or for an agency or subagency, will not 
    adequately protect the interests of the Government.

    (b)(1) The Comptroller General may relieve a certifying official 
from liability when the Comptroller General decides that--
        (A) the certification was based on official records and the 
    official did not know, and by reasonable diligence and inquiry could 
    not have discovered, the correct information; or
        (B)(i) the obligation was incurred in good faith;
        (ii) no law specifically prohibited the payment; and
        (iii) the United States Government received value for payment.

    (2) The Comptroller General may deny relief when the Comptroller 
General decides the head of the agency did not carry out diligently 
collection action under procedures prescribed by the Comptroller 
General.
    (c) The Comptroller General shall relieve a certifying official from 
liability for an overpayment--
        (1) to a common carrier under section 3726 of this title when 
    the Comptroller General decides the overpayment occurred only 
    because the administrative audit before payment did not verify 
    transportation rates, freight classifications, or land-grant 
    deductions and the Administrator of General Services has determined 
    that verification by a prepayment audit conducted pursuant to 
    section 3726(a) of this title for a particular mode or modes of 
    transportation, or for an agency or subagency, will not adequately 
    protect the interests of the Government; or
        (2) provided under a Government bill of lading or transportation 
    request when the overpayment was the result of using improper 
    transportation rates or classifications or the failure to deduct the 
    proper amount under a land-grant law or agreement and the 
    Administrator of General Services has determined that verification 
    by a prepayment audit conducted pursuant to section 3726(a) of this 
    title for a particular mode or modes of transportation, or for an 
    agency or subagency, will not adequately protect the interests of 
    the Government.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 966; Pub. L. 98-216, 
Sec. 1(4), Feb. 14, 1984, 98 Stat. 4; Pub. L. 104-106, div. A, title IX, 
Sec. 913(c)(5), Feb. 10, 1996, 110 Stat. 412; Pub. L. 105-264, 
Sec. 3(a)(2), Oct. 19, 1998, 112 Stat. 2352.)

                                          Historical and Revision Notes
                                                    1982 Act
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3528(a)..............................  31:82c(less provisos).          Dec. 29,
 1941, ch. 641, Sec.  2, 55 Stat.
                                                                        875; Ju
ne 6, 1972, Pub. L. 92-310, Sec.
                                                                        231(cc)
, 86 Stat. 213.
                                       31:82f(related to certifying    Apr. 28,
 1942, ch. 247, Sec.  301(1st
                                        officers).                      par. pr
oviso under heading ``Bureau of
                                                                        Account
s'' related to certifying
                                                                        officer
s), 56 Stat. 244.
3528(b)..............................  31:82c(1st proviso).
3528(c)..............................  31:82c(last proviso).
                                       31:82g(related to certifying    June 1, 
1942, ch. 320(related to
                                        officers).                      certify
ing officers), 56 Stat. 306.
3528(d)..............................  31:82e(related to 31:82c).      Dec. 29,
 1941, ch. 641, Sec.  4(related
                                                                        to Sec.
  2), 55 Stat. 876.
-------------------------------------------------------------------------------
---------------------------------

    In the section, the word ``official'' is substituted for ``officer 
or employee'' and ``officer'' for consistency in the revised title and 
with other titles of the United States Code.
    In subsection (a), before clause (1), the words ``the existence and 
correctness of'' are omitted as surplus. In clause (1), the words ``or 
otherwise stated on'' are omitted as surplus. The word ``records'' is 
substituted for ``papers'' for consistency. Clause (2) is substituted 
for 31:82f(related to certifying officers) because of the restatement. 
In clause (4), before subclause (A), the word ``repaying'' is 
substituted for ``and required to make good to the United States'' to 
eliminate unnecessary words. The words ``the amount of'' are omitted as 
surplus. In subclause (A), the word ``inaccurate'' is substituted for 
``false, inaccurate'' to eliminate an unnecessary word. The words ``made 
by him'' are omitted as surplus.
    In subsection (b), before clause (1), the words ``in his 
discretion'' and ``for any payment otherwise proper'' are omitted as 
surplus. Clause (2)(B) is substituted for ``the payment was not contrary 
to any statutory provision specifically prohibiting payments of the 
character involved'' to eliminate unnecessary words.
    In subsection (c), before clause (1), the word ``services'' in 
31:82c(last proviso) is omitted as surplus. The words ``On and after 
June 1, 1942'' in 31:82g(related to certifying officers) are omitted as 
executed. The word ``audit'' is substituted for ``examination'' for 
consistency in the revised title and with other titles of the Code. The 
words ``of the transportation bill'' are omitted as surplus. In clause 
(2), the words ``equalization and other'' in 31:82g are omitted as 
surplus.
    In subsection (d), the words ``under the jurisdiction'' are omitted 
as surplus. The words ``a military department of the Department of 
Defense'' are substituted for ``the Department of the Army, the Navy 
Department (including the Marine Corps)'' for consistency with title 10. 
The words ``and the Panama Canal'' (subsequently changed to ``the Canal 
Zone Government'' by section 2(a)(1) of the Act of September 26, 1950 
(ch. 1049, 64 Stat. 1038)) are omitted because of the Panama Canal Act 
of 1979 (Pub. L. 96-70, 93 Stat. 452). The word ``pay'' is substituted 
for ``salaries'' for consistency in the revised title and with other 
titles of the Code.

                            1984 Act

    This clarifies section 3528(b) by restoring the authority of the 
Comptroller General to deny relief to certifying officials in the same 
way relief may be denied to disbursing officials.


                               Amendments

    1998--Subsec. (a)(5). Pub. L. 105-264, Sec. 3(a)(2)(A), added par. 
(5).
    Subsec. (c)(1). Pub. L. 105-264, Sec. 3(a)(2)(B), inserted ``and the 
Administrator of General Services has determined that verification by a 
prepayment audit conducted pursuant to section 3726(a) of this title for 
a particular mode or modes of transportation, or for an agency or 
subagency, will not adequately protect the interests of the Government'' 
after ``deductions''.
    Subsec. (c)(2). Pub. L. 105-264, Sec. 3(a)(2)(C), inserted ``and the 
Administrator of General Services has determined that verification by a 
prepayment audit conducted pursuant to section 3726(a) of this title for 
a particular mode or modes of transportation, or for an agency or 
subagency, will not adequately protect the interests of the Government'' 
after ``agreement''.
    1996--Subsec. (d). Pub. L. 104-106 struck out subsec. (d) which read 
as follows: ``This section does not apply to disbursements of a military 
department of the Department of Defense, except disbursements for 
departmental pay and expenses in the District of Columbia.''
    1984--Subsec. (b). Pub. L. 98-216 designated existing provisions as 
par. (1), substituted designations of subpars. (A) and (B) and cls. (i), 
(ii), and (iii) for former designations of pars. (1) and (2) and 
subpars. (A), (B), and (C), respectively, and added par. (2).


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-264 effective 18 months after Oct. 19, 
1998, see section 3(b) of Pub. L. 105-264, set out as a note under 
section 3322 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-216 effective Sept. 13, 1982, see section 
4(c) of Pub. L. 98-216, set out as a note under section 490 of Title 18, 
Crimes and Criminal Procedure.

                  Section Referred to in Other Sections

    This section is referred to in section 3527 of this title; title 28 
section 594.
