What does federal law say about certifying officers? Learn about their legal duties, liabilities, and protections under 31 U.S.C. § 3528.
Ever walked into a position you didn’t quite grasp till the stakes were high? Yes, me as well. That is just how I initially encountered the term “certifying officer” for the first time, and it made me rethink federal fiscal operations for the rest of my life.
If you’re reading this thinking, “What does federal law state about certifying officers?”, you’re in good company. If you’re a federal employee, contractor, legal researcher, or simply someone interested in knowing how our government manages its fiscal checks and balances, this post is your in-depth foray into the realm of certifying officers with an insider’s feel. Let’s dive in together!
Table of Contents
My First Experience with a Certifying Officer
A few years ago, in my first full-time stint with the finance department of a federal agency, I once heard someone jokingly whisper, “Don’t screw up the form — or the certifying officer will have your head on their wall.”
I laughed at the time, thinking it was only another exercise in bureaucratic jargon. But my curiosity got the better of me. I inquired, dug in, and quickly discovered this job wasn’t just some paper-shufflin’ gesture
It was (and remains) an important position of law, one that could break or make an individual’s career if not approached seriously.
So, What Does Federal Law Say About Certifying Officers?
Under federal statute, in particular 31 U.S. Code § 3528, a certifying officer is held responsible for any incorrect, unlawful, or inappropriate payment made based on their certification. In other words? If you approve payment for something it shouldn’t be made for, you could end up repaying the government yourself.
We can go over them step by step.
Pecuniary Liability: Where Your Signature Is Expensive
Here is the big word you should be familiar with: pecuniary liability.
That is, a certifying officer can be held financially accountable if things go wrong. It is not a slap on the wrist — it is your own money on the line.
If you guarantee a payment that proves to be
You may be obligated to repay the US Government.
It’s not just on paper. There are established cases where certifying officers were found guilty because they failed to notice a red flag – or missed one minute detail on a supporting document.
Basis of Liability: It is All About the Details
The foundation of such liability is in false, inaccurate, or misleading certificates.
If you are entrusted with approving the invoice of a contractor, you scan it quickly, stamp it approved, and the payment is made. It is later discovered that the contractor had charged for work that never took place after about one month.
Even if you meant no harm, you were in error in your certification — and legally, you could be in trouble.
Why? Because the payment was
That is why each signature counts.
Due Diligence: Your First Line of Defense
Don’t panic just yet, however. Federal law is not unfeeling. It does offer an avenue of protection too — and its name is due diligence.
As a certifying officer, you are expected to:
Consider it this way: You are a goalie on the field. You don’t have to block every shot, but you do need to be ready, be prepared, and not be dozing in the net.
One of the key things I learned early on was always to double-check documentation from at least two independent sources. If it stated one thing in the invoice, I would cross-check it with the contract folder and the project manager’s approval. It protected me more times than I can count.
Relief of Liability: Having the Law on Your Side
Here is the good news: certifying officers can be exculpated from liability.
As per 31 U.S.C. § 3528, you might be in the clear if:
Generally speaking, if you worked diligently and in good conscience, and the mistake could not reasonably be discovered, perhaps you would not be held accountable.
Indeed, government organisations usually include relief procedures where you are able to formally ask for absolution in case anything goes wrong. This is where paperwork is your ally. If you are able to prove that you were following regulation, your odds for relief are greatly improved.
The Function of a Certifying Officer: Beyond the Signature
Who exactly is a certifying officer?
In federal agencies, a certifying officer is usually an individual who is empowered to:
That may be easy enough to say, but in reality, it is a high-risk, high-responsibility job. Their signature is sometimes the last hurdle before tax dollars get paid out.
Imagine being the individual who authorizes, “Yes, this $3 million payment is genuine.” That is enormous.
Real-Life Example: The Cautionary Tale
A co-worker of mine, whom I’ll call Marissa, once approved a payment for a vendor without knowing the contract had already expired. Her outdated spreadsheet hadn’t been updated, so she made the payment based on it. Weeks later, the mistake showed up during an audit.
In short, she had over $25,000 worth of liability attached.
Fortunately, after stressing about it for months, she was exonerated of liability since she had adhered to protocol, and the blunder could not reasonably be discovered. But the ordeal shook us all up, including her, deeply
We learned two things on that day
Pro Tips for Certifying Officers
Whether you are just starting out in the position or have been doing it for ages, here are some pointers that have saved me and others countless headaches:
Why This is Relevant to Everyone
You may be thinking, “I’m not a certifying officer — why should I care?”
Well, it impacts how your tax dollars are handled. Certifying officers are among the final defenses in protecting federal spending against fraud, waste, and abuse.
They are the government’s unheralded heroes (occasionally scapegoats) for budgetary accountability.
Understanding their position serves to make us all appreciate the elaborate net of accountability that holds the system in check.
FAQs
1. In federal law, what is a certifying officer?
A certifying officer is a federal civil servant who is empowered to ensure that payment vouchers are proper, lawful, accurate, and supported by supporting documents. Under 31 U.S.C. § 3528, they are held accountable for spending public funds in the proper manner and can be held personally responsible for any discrepancies.
2. What does federal law say about certifying officers and liability?
Federal law holds certifying officers accountable for any unauthorized, improper, or inaccurate payments they approve. Such liability is established under 31 U.S.C. § 3528, even if the mistake occurred unintentionally, without regard for whether or not the officer used reasonable care and followed due procedures.
3. Is it possible to relieve a certifying officer from liability?
Yes. A certifying officer can be exonerated from liability if they can prove:
Relief authority is vested in the Comptroller General of the United States (GAO).
4. What do certifying officers do in order not to become liable?
To escape liability, certifying officers are required:
Final Thoughts: The Big Picture
So, if you are asked, “What does federal law require of certifying officers?” you’ll understand it’s not merely about a title but about due care, accountability, as well as safeguarding public funds.
Being a certifying officer is not an easy job. It is one that requires accuracy, integrity, as well as clear knowledge of the process and law.
On the other hand, if you are in that position someday, recall the hard lesson I learned: each signature is a vow. Let your own be supported by knowledge, prudence, and sound practice.
Additional Resources
If you’re looking to dive deeper into this topic, here are a few must-visit resources:
