---
kind: "section"
citation: "10 U.S.C. § 2773a"
title: "10"
title_heading: "Armed Forces"
number: "2773a"
heading: "Departmental accountable officials"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2773a"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 165 — Accountability and Responsibility"
---

# §2773a. Departmental accountable officials

- (a) **Designation by Secretary of Defense.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may designate any civilian employee of the [Department](/usc/10/101.md?p=a-6) of Defense or member of the [armed forces](/usc/10/101.md?p=a-4) under the [Secretary](/usc/10/4951.md?p=3)’s jurisdiction who is described in [subsection (b)](#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](/usc/10/101.md?p=a-6) of Defense described in [subsection (c)](#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](/usc/10/101.md?p=a-4) described in this subsection is an employee or member who—
  - (1) is responsible in the performance of the employee’s or member’s duties for providing to a certifying official of the [Department](/usc/10/101.md?p=a-6) 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](/usc/31.md) or any other provision of law for payments made on the basis of such vouchers.
- (c) **Pecuniary Liability.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense may subject a departmental accountable official to pecuniary liability for an illegal, improper, or incorrect payment made by the [Department](/usc/10/101.md?p=a-6) of Defense if the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-1) resulting from an illegal, improper, or incorrect payment is joint and several with that of any other [officer](/usc/10/101.md?p=b-1) or employee of the [United States](/usc/10/101.md?p=a-1) or member of the [uniformed services](/usc/10/1072.md?p=1) 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](/usc/31/3528.md?p=a).

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

2006—Subsec. (a). Pub. L. 109–163 inserted “by” after “incorrect payment made”.