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B-191329 1 (1978-07-27)

handle is hein.gao/gaobadgfy0001 and id is 1 raw text is: 






                       tTHE  COMPTROLlER CENERPAL
DECISINit .op4 CP THw UNIlic                 aTATE
                         WASHINE3TON. D.C. 20548



PILE:  B-191329               DATE:  July 27, 1978

MATTER  OF:    Request for Advance Decision by
              Certifying Officer, National Park
              Service
DIGEST:

      Certifying officer's request for advance
      decision under 31 U.S.C. 82d will not be
      honored where it appears there has been
      no administrative decision by agency to
      i'.cur expense and no voucher presented to
      ;ertifying officer for payment.


      On April'28, 197$, we declined to render an
 advance decis n.under 31 U.S.C. 82d (1970) to a
 certifying officer of the National Park Service
 becaiae no specific voucher accompanied his request.
 Request for Advince Decision'by Certifying Officer,
 National Park Service, B-191329, April 26, 1978, 78-1
 CPD 322. The certifying officer has now prepared a
 voucher and has re-submitted his request.

     The Comptroller General renders advance deci-
 sions to certifying officers pursuant to 31 U.S.C.
 82d (1970), which states that certifying officers:
          * * * chall have the right to apply
        fbr and obtain a decision by the
        Comptroller General on any question of
        law involved in a payment on any vouchers
        presented to them for certification.

Thus, when a certifying officer has doubts about the
legality of an expenditure which he has been asked
to certify, he should request a decision from the
Comptroller General under 31 U.S.C. 82d.  55 Comp.
Gen. 297  (1975). However, before such a decision
is appropriate, the certifying officer must-have been
asked to certify the payment. Obviously, that must
be preceded by an internal agency decision to incur
the expense listed on the voucher.


I

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