31 U.S.C. § 3529

Requests for decisions of the Comptroller General

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(a) A disbursing or certifying official or the head of an agency may request a decision from the Comptroller General on a question involving—(1) a payment the disbursing official or head of the agency will make; or(2) a voucher presented to a certifying official for certification.(b)(1) Except as provided in paragraph (2), the Comptroller General shall issue a decision requested under this section.(2) A decision requested under this section concerning a function transferred to or vested in the Director of the Office of Management and Budget under section 211(a) of the Legislative Branch Appropriations Act, 1996 (109 Stat. 535), as in effect immediately before the effective date of title II of the General Accounting Office Act of 1996, or under this Act, shall be issued—(A) by the Director of the Office of Management and Budget, except as provided in subparagraph (B); or(B) in the case of a function delegated by the Director to another agency, by the head of the agency to which the function was delegated.(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 967; Pub. L. 104–316, title II, § 204, Oct. 19, 1996, 110 Stat. 3845.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3529	31:44(1st sentence).	June 10, 1921, ch. 18, § 304(1st par. 1st sentence), 42 Stat. 24.
	31:74(last par. words before 4th comma).	July 31, 1894, ch. 174, § 8(6th par. words before 4th comma), 28 Stat. 208.
	31:82d(words after semicolon).	Dec. 29, 1941, ch. 641, §§ 3(words after semicolon), 4(related to § 3 ), 55 Stat. 876.
	31:82e(related to 31:82d).

In subsection (a), before clause (1), the text of 31:82e(related to 82d) is omitted as unnecessary because it does not apply to 31:82d. The words “of law” in 31:82d(words after semicolon) are omitted as surplus. In clause (1), the words “or under them” in 31:74(last par. words before 4th comma) are omitted as unnecessary. In clause (2), the words “a payment on” in 31:82d(words after semicolon) are omitted as surplus.

In subsection (b), the word “issue” is substituted for “render” in 31:74(last par. words before 4th comma) and “obtain” in 31:82d(words after semicolon) because of the restatement.

Editorial NotesReferences in Text

Section 211(a) of the Legislative Branch Appropriations Act, 1996, as in effect immediately before the effective date of title II of the General Accounting Office Act of 1996, referred to in subsec. (b)(2), is section 211(a) of Pub. L. 104–53, which is set out as a note under section 501 of this title, as in effect before Oct. 19, 1996, the date of enactment of the General Accounting Office Act of 1996, Pub. L. 104–316, section 203 of which amended section 211 of Pub. L. 104–53 generally.

This Act, referred to in subsec. (b)(2), probably means Pub. L. 104–316, Oct. 19, 1996, 110 Stat. 3286, known as the General Accounting Office Act of 1996, which enacted subsec. (b)(2) of this section. For complete classification of this Act to the Code, see Tables.

Amendments

1996—Subsec. (b). Pub. L. 104–316 designated existing provisions as par. (1) and substituted “Except as provided in paragraph (2), the Comptroller General” for “The Comptroller General”, and added par. (2).

Notes of Decisions

Cited in 6 cases, 1983–2001 · leading case: Bureau of Alcohol, Tobacco & Firearms v. Fed. Labor Relations Auth., 464 U.S. 89 (1983).

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Bureau of Alcohol, Tobacco & Firearms v. Fed. Labor Relations Auth., 464 U.S. 89 (1983). “See 31 U. S. C. § 3529 (1982 ed.). The following year, the Comptroller General modified his position and approved new guidelines issued by the Civil Service Commission.”

Snyder v. Principi, 15 Vet. App. 285 (Vet. App. 2001). “Of course, Comptroller General opinions are often precipitated by requests from such, officials, who are expressly authorized by law to obtain immunity from personal liability by requesting and relying on such opinions, see 31 U.S.C. § 3529 , but the Comptroller General’s…”

United States of Am. v. Christopher Paddack, 825 F.2d 504 (D.C. Cir. 1987). “31 U.S.C. § 3529 (1982) allows a certifying official of an agency to request a decision from the Comptroller General on a question involving a voucher presented to that official for certification.”

Ameron, Inc. v. United States Army Corps of Engineers, 809 F.2d 979 (3rd Cir. 1986). “Advance legal decisions 31 U.S.C. § 3529 and A disbursing or certifying official or the head of an 31 U.”

OSG Bulk Ships, Inc. v. United States, 921 F. Supp. 812 (D.D.C. 1996). “31 U.S.C. § 3529 . In addition, the Merchant Marine Act expressly gives the Comptroller General responsibility to audit the financial transactions of the Secretary of Transportation and therefore of MarAd.”

Comptroller Gen.'s Auth. to Relieve Disbursing & Certifying Officials From Liab. (OLC 1991). · cites it 3× “17, 1981), which prescribes the procedures for requesting a decision of the Comptroller General pursu ant to 31 U.S.C. § 3529 .' Decisions of the Comptroller General purportedly may relieve certifying and disbursing officers from liability for illegal or im proper payments.”

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