10-U.S.C.-2773A
§2773A – Departmental Accountable officials
Pathway
Title 10 > Subtitle A > Part IV > Chapter 165 > Section 2773a
Details
- Reference: Section 2773a
- Legend: §2773A – Departmental Accountable officials
- USCode Year: 2013
Provision Content
(a) Designation by Secretary of Defense.—The Secretary of Defense may designate any civilian employee of the Department of Defense or member of the armed forces under the Secretarys jurisdiction who is described in subsection (b) as an employee or member who, in addition to any other potential accountability, may be held accountable through personal monetary liability for an illegal, improper, or incorrect payment made by the Department of Defense described in subsection (c). Any such designation shall be in writing. Any employee or member who is so designated may be referred to as a departmental accountable official.
(b) Covered Employees and Members.—An employee or member of the armed forces described in this subsection is an employee or member who—
(1) is responsible in the performance of the employees or members duties for providing to a certifying official of the Department of Defense information, data, or services that are directly relied upon by the certifying official in the certification of vouchers for payment; and
(2) is not otherwise accountable under subtitle III of title 31 or any other provision of law for payments made on the basis of such vouchers.
(c) Pecuniary Liability.—(1) The Secretary of Defense may subject a departmental accountable official to pecuniary liability for an illegal, improper, or incorrect payment made by the Department of Defense if the Secretary determines that such payment—
(A) resulted from information, data, or services that that official provided to a certifying official and upon which that certifying official directly relies in certifying the voucher supporting that payment; and
(B) was the result of fault or negligence on the part of that departmental accountable official.
(2) Pecuniary liability under this subsection shall apply in the same manner and to the same extent as applies to an official accountable under subtitle III of title 31.
(3) Any pecuniary liability of a departmental accountable official under this subsection for a loss to the United States resulting from an illegal, improper, or incorrect payment is joint and several with that of any other officer or employee of the United States or member of the uniformed services who is pecuniarily liable for such loss.
(d) Certifying Official Defined.—In this section, the term certifying official means an employee who has the responsibilities specified in section 3528(a) of title 31.
(Added Pub. L. 107–314, div. A, title X, §1005(a), Dec. 2, 2002, 116 Stat. 2631; amended Pub. L. 109–163, div. A, title X, §1056(c)(8), Jan. 6, 2006, 119 Stat. 3440.)
Amendments
2006—Subsec. (a). Pub. L. 109–163 inserted by after incorrect payment made.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-2735 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-2735, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-2773A in the Legal Encyclopedia: Supply to Military
In this entry about 10-U.S.C.-2773A, find legal reference material, bibliographies and premiere content related to supply to military in the American Encyclopedia of Law, presenting a comprehensive view of the United States supply to military-specific issues, written by authorities in the field.
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