US (United States) Code. Title 31. Subtitle III: Financial managment. Chapter 33: Depositing, keeping

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance. Paying money

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-CITE-

31 USC CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

-HEAD-

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

-MISC1-

SUBCHAPTER I - DEPOSITS AND DEPOSITARIES

Sec.

3301. General duties of the Secretary of the Treasury.

3302. Custodians of money.

3303. Designation of depositaries.

3304. Transfers of public money from depositaries.

3305. Audits of depositaries.

SUBCHAPTER II - PAYMENTS

3321. Disbursing authority in the executive branch.

3322. Disbursing officials.

3323. Warrants.

3324. Advances.

3325. Vouchers.

3326. Waiver of requirements for warrants and advances.

3327. General authority to issue checks and other drafts.

3328. Paying checks and drafts.

3329. Withholding checks to be sent to foreign countries.

3330. Payment of Department of Veterans Affairs checks for

the benefit of individuals in foreign countries.

3331. Substitute checks.

3332. Required direct deposit.

3333. Relief for payments made without negligence.

3334. Cancellation and proceeds distribution of Treasury

checks.

3335. Timely disbursement of Federal funds.

3336. Electronic benefit transfer pilot.(!1)

SUBCHAPTER III - MISCELLANEOUS

3341. Sale of Government warrants, checks, drafts, and

obligations.

3342. Check cashing and exchange transactions.

3343. Check forgery insurance fund.

AMENDMENTS

1994 - Pub. L. 103-356, title IV, Sec. 402(b), Oct. 13, 1994, 108

Stat. 3413, substituted "Required direct deposit" for "Checks

payable to financial organizations designated by Government

officers and employees" in item 3332.

Pub. L. 103-272, Sec. 4(f)(1)(G), July 5, 1994, 108 Stat. 1362,

added item 3334.

1991 - Pub. L. 102-54, Sec. 13(l)(4)(B), June 13, 1991, 105 Stat.

277, substituted "Department of Veterans Affairs" for "Veterans'

Administration" in item 3330.

1990 - Pub. L. 101-453, Sec. 4(b), Oct. 24, 1990, 104 Stat. 1059,

added item 3335.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3516 of this title; title

47 sections 309, 336.

-FOOTNOTE-

(!1) Editorially supplied. Section 3336 added by Pub. L. 104-208

without corresponding amendment of chapter analysis.

-End-

-CITE-

31 USC SUBCHAPTER I - DEPOSITS AND DEPOSITARIES 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER I - DEPOSITS AND DEPOSITARIES

-HEAD-

SUBCHAPTER I - DEPOSITS AND DEPOSITARIES

-End-

-CITE-

31 USC Sec. 3301 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER I - DEPOSITS AND DEPOSITARIES

-HEAD-

Sec. 3301. General duties of the Secretary of the Treasury

-STATUTE-

(a) The Secretary of the Treasury shall -

(1) receive and keep public money;

(2) take receipts for money paid out by the Secretary;

(3) give receipts for money deposited in the Treasury;

(4) endorse warrants for receipts for money deposited in the

Treasury;

(5) submit the accounts of the Secretary to the Comptroller

General every 3 months, or more often if required by the

Comptroller General; and

(6) submit to inspection at any time by the Comptroller General

of money in the possession of the Secretary.

(b) Except as provided in section 3326 of this title, an

acknowledgment for money deposited in the Treasury is not valid if

the Secretary does not endorse a warrant as required by subsection

(a)(4) of this section.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 948.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3301 31:44(1st sentence). June 10, 1921, ch. 18, Sec.

304(1st par. 1st sentence), 42

Stat. 24.

31:147(less R.S. Sec. 305(less

disbursement). disbursement).

--------------------------------------------------------------------

In subsection (a), the words "public money" are substituted for

"the moneys of the United States" to eliminate unnecessary words

and for consistency. The words "Secretary of the Treasury" are

substituted for "Treasurer" because of the source provisions

restated in section 321(c) of the revised title. In clauses (3) and

(4), the words "deposited in the Treasury" are substituted for

"received by him" for clarity and consistency in the revised title.

In clause (4), the words "signed by the Secretary of the Treasury"

are omitted as surplus. In clauses (5) and (6), the words

"Comptroller General" are substituted for "General Accounting

Office" for consistency. In clause (5), the word "submit" is

substituted for "render" for consistency. The words "and shall

transmit a copy thereof, when settled, to the Secretary of the

Treasury" are omitted because of the restatement. In clause (6),

the words "Secretary of the Treasury . . . or either of them" are

omitted because of the restatement. The word "public" is added for

consistency.

In subsection (b), the words "Except as provided in section 3326

of this title" are added for clarity. The words "endorse . . . as

required by subsection (a)(4) of this section" are substituted for

"so signed" for clarity and consistency.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-433, Sec. 1, Nov. 6, 2000, 114 Stat. 1910, provided

that: "This Act [amending section 3327 of this title and enacting

provisions set out as a note under section 3327 of this title] may

be cited as the 'Social Security Number Confidentiality Act of

2000'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-356, Sec. 1(a), Oct. 13, 1994, 108 Stat. 3410,

provided that: "This Act [amending sections 331, 3332, 3515, and

3521 of this title, section 31 of Title 2, The Congress, section

104 of Title 3, The President, sections 5318 and 6304 of Title 5,

Government Organization and Employees, and section 461 of Title 28,

Judiciary and Judicial Procedure, and enacting provisions set out

as notes under this section, sections 501 and 1113 of this title,

section 31 of Title 2, and section 6304 of Title 5] may be cited as

the 'Government Management Reform Act of 1994'."

Pub. L. 103-356, title IV, Sec. 401, Oct. 13, 1994, 108 Stat.

3412, provided that: "This title [amending sections 331, 3332,

3515, and 3521 of this title and enacting provisions set out as

notes under section 501 of this title] may be cited as the 'Federal

Financial Management Act of 1994'."

-End-

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31 USC Sec. 3302 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER I - DEPOSITS AND DEPOSITARIES

-HEAD-

Sec. 3302. Custodians of money

-STATUTE-

(a) Except as provided by another law, an official or agent of

the United States Government having custody or possession of public

money shall keep the money safe without -

(1) lending the money;

(2) using the money;

(3) depositing the money in a bank; and

(4) exchanging the money for other amounts.

(b) Except as provided in section 3718(b) (!1) of this title, an

official or agent of the Government receiving money for the

Government from any source shall deposit the money in the Treasury

as soon as practicable without deduction for any charge or claim.

(c)(1) A person having custody or possession of public money,

including a disbursing official having public money not for current

expenditure, shall deposit the money without delay in the Treasury

or with a depositary designated by the Secretary of the Treasury

under law. Except as provided in paragraph (2), money required to

be deposited pursuant to this subsection shall be deposited not

later than the third day after the custodian receives the money.

The Secretary or a depositary receiving a deposit shall issue

duplicate receipts for the money deposited. The original receipt is

for the Secretary and the duplicate is for the custodian.

(2) The Secretary of the Treasury may by regulation prescribe

that a person having custody or possession of money required by

this subsection to be deposited shall deposit such money during a

period of time that is greater or lesser than the period of time

specified by the second sentence of paragraph (1).

(d) An official or agent not complying with subsection (b) of

this section may be removed from office. The official or agent may

be required to forfeit to the Government any part of the money held

by the official or agent and to which the official or agent may be

entitled.

(e) An official or agent of the Government having custody or

possession of public money shall keep an accurate entry of each

amount of public money received, transferred, and paid.

(f) When authorized by the Secretary, an official or agent of the

Government having custody or possession of public money, or

performing other fiscal agent services, may be allowed necessary

expenses to collect, keep, transfer, and pay out public money and

to perform those services. However, money appropriated for those

expenses may not be used to employ or pay officers and employees of

the Government.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 948; Pub. L. 97-452, Sec.

1(10), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 98-369, div. B, title

VI, Sec. 2652(b)(1), July 18, 1984, 98 Stat. 1152; Pub. L. 103-272,

Sec. 4(f)(1)(H), July 5, 1994, 108 Stat. 1362; Pub. L. 103-429,

Sec. 7(a)(3)(A), Oct. 31, 1994, 108 Stat. 4388.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3302(a) 31:521. R.S. Sec. 3639; June 6, 1972,

Pub. L. 92-310, Sec. 231(r),

86 Stat. 210.

3302(b) 31:484. R.S. Sec. 3617.

3302(c) 31:495. R.S. Sec. 3621; restated May

28, 1896, ch. 252, Sec. 5, 29

Stat. 179.

3302(d) 31:490. R.S. Sec. 3619.

3302(e) 31:525. R.S. Sec. 3643.

3302(f) 31:545. R.S. Sec. 3653; Aug. 7, 1882,

ch. 433, Sec. 1(2d complete

par. on p. 312), 22 Stat. 312;

Jan. 22, 1925, ch. 87(2d par.

under heading "Division of

Bookkeeping and Warrants"), 43

Stat. 767.

31:1023(b). June 1, 1955, ch. 119, Sec.

1(b), 69 Stat. 82.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Except as

provided by another law" are substituted for "than as specially

allowed by law" in 31:521 for clarity and consistency. The words

"an official or agent of the United States Government having

custody or possession of public money" are substituted for "The

Treasurer of the United States, all assistant treasurers

[subsequently changed to 'all depositaries designated in accordance

with section 476 of this title' because of 31:476], and those

performing the duties of assistant treasurer, all collectors of the

customs, all surveyors of the customs, acting also as collectors,

all receivers of public moneys at the several land offices, all

postmasters, and all public officers of whatsoever character . . .

all the public money collected by them, or otherwise at any time

placed in their possession and custody" to eliminate unnecessary

words and for consistency in the revised title. The words "till the

same is ordered, by the proper department or officer of the

Government, to be transferred or paid out" are omitted as

superseded by source provisions restated in the chapter. The text

of 31:521(words after semicolon) is omitted as unnecessary because

of the restatement.

In subsection (b), the words "any abatement or" are omitted as

surplus. The words "for any charge or claim" are substituted for

"on account of salary, fees, costs, charges, expenses, or claim of

any description whatever", and the words "shall deposit the money

in the Treasury" are substituted for "The gross amount of all

moneys received from whatever source for the use of the United

States, . . . shall be paid . . . into the Treasury", to eliminate

unnecessary words. The words "except as otherwise provided in

section 487 of this title" are omitted because 31:487 is obsolete.

The text of 31:484(last sentence) is omitted as superseded by title

39.

In subsection (c), the word "Secretary" is substituted for

"Treasurer" because of the source provisions restated in section

321(c) of the revised title. The balance of subsection (c) is

substituted for 31:495(words before proviso) for clarity and

consistency. The text of 31:495(proviso) is omitted as superseded

by title 39.

Subsection (d) is substituted for 31:490 for clarity and

consistency.

In subsection (e), the words "official or agent having custody or

possession of public money" are substituted for "persons charged by

law with the safekeeping, transfer, and disbursements of the public

moneys" for consistency and to eliminate unnecessary words. The

words "other than those connected with the United States Postal

Service" are omitted as superseded by title 39.

In subsection (f), the word "expressly" is omitted as surplus.

The words "official or agent having custody or possession" are

substituted for 31:545(words before 21st comma) for consistency and

to eliminate unnecessary words. The words "additional . . .

fireproof of chests or vaults or other necessary expenses of" are

omitted as surplus. The words "employ or pay officers and employees

of the Government" are substituted for "clerical services or

payment of employees of any nature or grade" for consistency in the

revised title and with other titles of the United States Code.

1983 ACT

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3302(b) 31 App.:484. Oct. 25, 1982, Pub. L. 97-365,

Sec. 13(a), 96 Stat. 1757.

--------------------------------------------------------------------

The reference to "952(g)(2)" in 31 App.:484 is incorrect and

should be "952(f)(2)".

1984 ACT (PUB. L. 98-216)

Section 3618 (1st sentence related to non-military deposits) of

the Revised Statutes inadvertently was omitted as a source credit

for 31:3302. Table 2A of H. Rep. 97-651 (p. 298) states that the

sentence was omitted as superseded by various sections of title 10.

Title 10 supersedes the sentence only as it applies to military

deposits. However, the language of section 3618 (1st sentence

related to non-military deposits) is subsumed in the broader

language of section 3617 of the Revised Statutes, the source credit

for 31:3302(b). Therefore, while section 3618 (1st sentence related

to non-military deposits) should be a source credit for 31:3302(b),

it is not necessary that the language of the sentence be restated.

-REFTEXT-

REFERENCES IN TEXT

Section 3718(b) of this title, referred to in subsec. (b), was

redesignated section 3718(d) of this title by Pub. L. 99-578, Sec.

1(1), Oct. 28, 1986, 100 Stat. 3305.

-MISC2-

AMENDMENTS

1994 - Subsec. (c)(1). Pub. L. 103-272, as amended by Pub. L.

103-429, substituted a period for a comma at end of second

sentence.

1984 - Subsec. (c). Pub. L. 98-369 designated existing provisions

as par. (1), struck out ", but not later than the 30th day after

the custodian receives the money," after "without delay" in first

sentence, inserted after first sentence "Except as provided in

paragraph (2), money required to be deposited pursuant to this

subsection shall be deposited not later than the third day after

the custodian receives the money,", and added par. (2).

1983 - Subsec. (b). Pub. L. 97-452 inserted exception relating to

section 3718(b) of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 7(a) of Pub. L. 103-429 provided that the amendment made

by that section is effective July 5, 1994.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 2652(b)(2) of Pub. L. 98-369 provided that: "The

amendments made by this subsection [amending this section] shall

become effective January 1, 1985."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 327, 3322, 3711, 3718,

3720 of this title; title 6 section 453; title 7 section 2016;

title 8 sections 1254a, 1363a; title 10 sections 114, 423, 2410m,

2474, 4554, 7605; title 12 section 4241; title 15 sections 1527a,

2514; title 16 sections 698v-4, 746a; title 18 section 1963; title

19 sections 1631, 2081; title 22 sections 1475e, 4226; title 25

section 1485; title 26 section 7608; title 28 sections 1827, 1921;

title 38 section 3720; title 42 sections 1973gg-10, 2169, 5812,

5852, 7651o; title 43 section 1338a; title 47 section 923; title 49

sections 111, 44940, 45303.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

31 USC Sec. 3303 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER I - DEPOSITS AND DEPOSITARIES

-HEAD-

Sec. 3303. Designation of depositaries

-STATUTE-

(a) The Secretary of the Treasury designates depositaries of

money as provided in this section and under other law.

(b) When necessary to carry out the business of the United States

Government and under conditions the Secretary decides are

necessary, the Secretary may designate depositaries in foreign

countries and in territories and possessions of the United States

to receive deposits of public money. The Secretary shall give

preference to United States financial institutions the Secretary

decides are safe and able to give the service required.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3303(a) (no source).

3303(b) 31:473. June 19, 1922, ch. 228, 42

Stat. 662.

--------------------------------------------------------------------

Subsection (a) is added to inform the reader that there are

numerous other laws providing for the designation of depositaries.

These other laws are scattered throughout the titles of the United

States Code.

In subsection (b), the words "carry out" are substituted for

"transaction" for consistency. The words "terms and . . . as to

security and otherwise" and "of public moneys" are omitted as

surplus. The words "territories and possessions of the United

States" are substituted for "Territories and insular possessions of

the United States" for consistency. The words "to receive deposits

of public money" are added for clarity.

-End-

-CITE-

31 USC Sec. 3304 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER I - DEPOSITS AND DEPOSITARIES

-HEAD-

Sec. 3304. Transfers of public money from depositaries

-STATUTE-

The Secretary of the Treasury may transfer public money in the

possession of a depositary -

(1) to the Treasury; and

(2) if the Secretary believes the safety of the public money

and convenience require it, to another depositary.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3304 31:522. R.S. Sec. 3640.

--------------------------------------------------------------------

In the section, before clause (1), the words "except as provided

in section 523 of this title" are omitted as superseded by title

39. The words "of the United States, to the credit of the

Treasurer" are omitted as unnecessary. In clause (2), the words "if

the Secretary believes the safety of the public money and

convenience require it" are substituted for "as the safety of the

public moneys and the convenience of the public service shall seem

to him to require" for clarity and to eliminate unnecessary words.

-End-

-CITE-

31 USC Sec. 3305 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER I - DEPOSITS AND DEPOSITARIES

-HEAD-

Sec. 3305. Audits of depositaries

-STATUTE-

The Secretary of the Treasury, or an officer, employee, or agent

designated by the Secretary, may audit a depositary of public

money. For uniformity and accuracy in accounts and safety of public

money, an individual conducting an audit shall audit a depositary's

-

(1) books;

(2) accounts;

(3) returns; and

(4) public money on hand and the way the money is kept.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3305 31:548. R.S. Sec. 3649.

--------------------------------------------------------------------

In the section, before clause (1), the words "or an officer,

employee, or agent designated by the Secretary" are substituted for

"and for that purpose to appoint special agents, as occasion may

require" for clarity and consistency. The words "may audit a

depositary of public money" are substituted for "is authorized to

cause examinations to be made of the books, accounts and money on

hand, of the several depositaries" to eliminate unnecessary words

and for consistency. The words "with such compensation, not

exceeding $6 per day and traveling expenses, as he may think

reasonable, to be fixed and declared at the time of each

appointment" are omitted as superseded by 5:3109 and ch. 57. The

words "be instructed to" and "as well" are omitted as surplus.

-End-

-CITE-

31 USC SUBCHAPTER II - PAYMENTS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

SUBCHAPTER II - PAYMENTS

-End-

-CITE-

31 USC Sec. 3321 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3321. Disbursing authority in the executive branch

-STATUTE-

(a) Except as provided in this section or another law, only

officers and employees of the Department of the Treasury designated

by the Secretary of the Treasury as disbursing officials may

disburse public money available for expenditure by an executive

agency.

(b) For economy and efficiency, the Secretary may delegate the

authority to disburse public money to officers and employees of

other executive agencies.

(c) The head of each of the following executive agencies shall

designate personnel of the agency as disbursing officials to

disburse public money available for expenditure by the agency:

(1) United States Marshal's Office.

(2) The Department of Defense.

(3) The Department of Transportation (with respect to public

money available for expenditure by the Coast Guard when it is not

operating as a service in the Navy).

(d) On request of the Secretary and with the approval of the head

of an executive agency referred to in subsection (c) of this

section, facilities of the agency may be used to assist in

disbursing public money available for expenditure by another

executive agency.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949; Pub. L. 103-355,

title III, Sec. 3067, Oct. 13, 1994, 108 Stat. 3337; Pub. L.

104-106, div. A, title IX, Sec. 913(a)(1), Feb. 10, 1996, 110 Stat.

410; Pub. L. 104-201, div. A, title X, Sec. 1009(a)(1), Sept. 23,

1996, 110 Stat. 2633.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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3321(a), 5:901(note). Exec. Order No. 6166, June 10,

(b) 1933, Sec. 4.

3321(c), 31:492-1. R.S. Sec. 176; Sept. 6, 1966,

(d) Pub. L. 89-554, Sec. 8(a), 80

Stat. 632; June 6, 1972, Pub.

L. 92-310, Sec. 231(a), 86

Stat. 209.

5 App. Reorg. Plan No. 4 of 1940,

eff. June 30, 1940, Secs. 3,

4, 54 Stat. 1234.

Exec. Order No. 6728, May 29,

1934.

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The section uses the defined term "executive agency" in section

102 of the revised title because the source provisions of this

section are from a reorganization plan and executive orders that

apply only to departments, agencies, and instrumentalities of the

executive branch of the United States Government.

In subsections (a) and (b), the words "Secretary of the Treasury"

and "Secretary" are substituted for references to the Division of

Disbursement and a Chief Disbursing Officer because of the source

provisions restated in section 321(c) of the revised title. The

words "public money" are substituted for "moneys of the United

States" for consistency with the other source provisions restated

in the section and for consistency in the chapter.

Subsection (a) is substituted for section 4(1st paragraph) of

Executive Order No. 6166 to omit executed words.

In subsection (b), the words "may require" and "as the interests

of" are omitted as unnecessary. The words "to establish local

offices" are omitted because of the authority of the Secretary of

the Treasury as the head of the Department of the Treasury and the

authority of the Secretary under section 321 of the revised title.

The text of section 4(last paragraph) is omitted as superseded by

section 3325 of the revised title.

In subsection (c), the text of 31:492-1(1st sentence) is applied

only to the listed agencies because of subsection (a) and Executive

Order 6728. The text of 31:492-1(last sentence) is omitted as

superseded by section 2 of Reorganization Plan No. 18 of 1950 (eff.

July 1, 1950, 64 Stat. 1270) and by 40:490. In clause (1), the

words after "disbursement by United States marshals" and before the

last proviso in section 3 of Reorganization Plan No. 4 of 1940

(eff. June 30, 1940, 54 Stat. 1234) are omitted as unnecessary

because of 28:571 and sections 3512(a)-(c) and 3513(a) of the

revised title. In clause (2), the word "pay" is substituted for

"salaries" in Executive Order No. 6728 for consistency in the

revised title and with other titles of the United States Code. The

words "including the Marine Corps" are omitted as being included in

"military departments". The words "Panama Canal" are omitted

because of the Panama Canal Treaty of 1977. The first proviso is

omitted as unnecessary because of sections 3512 and 3513 of the

revised title. Section 4 of Reorganization Plan No. 4 of 1940 is

omitted because (1) the Post Office Department was abolished by the

1970 restatement of title 39, with all authority of the former

Postmaster General being placed in the new United States Postal

Service, (2) under 39:410 and 3604, the Postal Service and the

Postal Rate Commission were exempt from all provisions of law

related to budget and funds, and (3) the Postal Savings System and

its Board of Trustees were abolished under section 5 of the Act of

March 28, 1942 (ch. 205, 56 Stat. 189).

AMENDMENTS

1996 - Subsec. (c)(2). Pub. L. 104-106 added par. (2) and struck

out former par. (2) which read as follows: "The Department of

Defense (except for disbursements for departmental pay and expenses

in the District of Columbia)."

Subsec. (c)(3). Pub. L. 104-201 added par. (3).

1994 - Subsec. (c)(2). Pub. L. 103-355 substituted "The

Department of Defense" for "military departments of the Department

of Defense".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

IMPROPER PAYMENTS

Pub. L. 107-300, Nov. 26, 2002, 116 Stat. 2350, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Improper Payments Information Act

of 2002'.

"SEC. 2. ESTIMATES OF IMPROPER PAYMENTS AND REPORTS ON ACTIONS TO

REDUCE THEM.

"(a) Identification of Susceptible Programs and Activities. - The

head of each agency shall, in accordance with guidance prescribed

by the Director of the Office of Management and Budget, annually

review all programs and activities that it administers and identify

all such programs and activities that may be susceptible to

significant improper payments.

"(b) Estimation of Improper Payment. - With respect to each

program and activity identified under subsection (a), the head of

the agency concerned shall -

"(1) estimate the annual amount of improper payments; and

"(2) submit those estimates to Congress before March 31 of the

following applicable year, with all agencies using the same

method of reporting, as determined by the Director of the Office

of Management and Budget.

"(c) Reports on Actions To Reduce Improper Payments. - With

respect to any program or activity of an agency with estimated

improper payments under subsection (b) that exceed $10,000,000, the

head of the agency shall provide with the estimate under subsection

(b) a report on what actions the agency is taking to reduce the

improper payments, including -

"(1) a discussion of the causes of the improper payments

identified, actions taken to correct those causes, and results of

the actions taken to address those causes;

"(2) a statement of whether the agency has the information

systems and other infrastructure it needs in order to reduce

improper payments to minimal cost-effective levels;

"(3) if the agency does not have such systems and

infrastructure, a description of the resources the agency has

requested in its budget submission to obtain the necessary

information systems and infrastructure; and

"(4) a description of the steps the agency has taken to ensure

that agency managers (including the agency head) are held

accountable for reducing improper payments.

"(d) Definitions. - For the purposes of this section:

"(1) Agency. - The term 'agency' means an executive agency, as

that term is defined in section 102 of title 31, United States

Code.

"(2) Improper payment. - The term 'improper payment' -

"(A) means any payment that should not have been made or that

was made in an incorrect amount (including overpayments and

underpayments) under statutory, contractual, administrative, or

other legally applicable requirements; and

"(B) includes any payment to an ineligible recipient, any

payment for an ineligible service, any duplicate payment,

payments for services not received, and any payment that does

not account for credit for applicable discounts.

"(3) Payment. - The term 'payment' means any payment (including

a commitment for future payment, such as a loan guarantee) that

is -

"(A) made by a Federal agency, a Federal contractor, or a

governmental or other organization administering a Federal

program or activity; and

"(B) derived from Federal funds or other Federal resources or

that will be reimbursed from Federal funds or other Federal

resources.

"(e) Application. - This section -

"(1) applies with respect to the administration of programs,

and improper payments under programs, in fiscal years after

fiscal year 2002; and

"(2) requires the inclusion of estimates under subsection

(b)(2) only in annual budget submissions for fiscal years after

fiscal year 2003.

"(f) Guidance by the Office of Management and Budget. - Not later

than 6 months after the date of enactment of this Act [Nov. 26,

2002], the Director of the Office of Management and Budget shall

prescribe guidance to implement the requirements of this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3716 of this title.

-End-

-CITE-

31 USC Sec. 3322 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3322. Disbursing officials

-STATUTE-

(a) The Secretary of the Treasury shall transfer public money to

a disbursing official only by draft or warrant written on the

Treasury. Except as provided in section 3716 and section 3720A of

this title and subsection (b) of this section, a disbursing

official shall -

(1) deposit public money as required by section 3302 of this

title; and

(2) draw public money from the Treasury or a depositary only -

(A) as necessary to make payments; and

(B) payable to persons to whom payment is to be made.

(b) In a place without a depositary, the Secretary, on deciding

it is essential to the public interest, may authorize specially in

writing that public money be -

(1) deposited in any other public depositary; or

(2) kept in another manner under regulations the Secretary

decides are the safest and most effective in making a payment to

a public creditor easier.

(c) A disbursing official is not liable for an overpayment

provided under a United States Government bill of lading or

transportation request when the overpayment is caused by the -

(1) use of improper transportation rates or classifications if

the Administrator of General Services has determined that

verification by a prepayment audit conducted pursuant to section

3726(a) of this title for a particular mode or modes of

transportation, or for an agency or subagency, will not

adequately protect the interests of the Government; or

(2) failure to deduct the proper amount under -

(A) a land grant law; or

(B) an equalization or other agreement.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 950; Pub. L. 98-216, Sec.

1(3), Feb. 14, 1984, 98 Stat. 3; Pub. L. 104-134, title III, Sec.

31001(g)(1)(A), Apr. 26, 1996, 110 Stat. 1321-363; Pub. L. 105-264,

Sec. 3(a)(1), Oct. 19, 1998, 112 Stat. 2352.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3322(a) 31:492(a). R.S. Sec. 3620(a); Feb. 27,

1877, ch. 69(7th complete par.

on p. 249), 19 Stat. 249; Aug.

28, 1965, Pub. L. 89-145, Sec.

1(1), 79 Stat. 582.

3322(b) 31:82g(related to June 1, 1942, ch. 320(related

disbursing to disbursing officers), 56

officers). Stat. 306.

--------------------------------------------------------------------

In the section, the words "disbursing official" are substituted

for "disbursing officer" for consistency in the revised title.

In subsection (a), before clause (1), the words "Secretary of the

Treasury" are substituted for "Treasurer of the United States"

because of the source provisions restated in section 321(c) of the

revised title. The words "or an assistant treasurer of the United

States" in section 3620(a) of the Revised Statutes are omitted as

obsolete because of the 1st-4th pars. under the heading

"Independent Treasury" in the Act of May 29, 1920 (ch. 214, 41

Stat. 654). In clause (1), the words "as required by section 3302

of this title" are substituted for "with the Treasurer or some one

of the assistant treasurers of the United States (subsequently

changed to 'or with one of the depositaries of the United States

mentioned in section 476 of this title')" because of 31:476. In

clause (2), the words "in pursuance of law" are omitted as surplus.

The text of 31:492(a)(last sentence) is omitted because of section

3323(a) of the revised title.

In subsection (b), before clause (1), the words "On and after

June 1, 1942" are omitted as executed. The words "of the United

States" are omitted as unnecessary. The words "for transportation"

are omitted as surplus.

1984 ACT

This is necessary because section 3620(a) (last sentence) of the

Revised Statutes inadvertently was omitted from the codification of

title 31 by section 1 of the Act of September 13, 1982 (Pub. L.

97-258, 96 Stat. 877).

In subsection (a), before clause (1), the words "Except as

provided in subsection (b) of this section" are added because of

the restatement.

In subsection (b), before clause (1), the word "however" is

omitted as surplus. The words "treasurer or" are omitted as

obsolete because of the 1st-4th pars. under the heading

"Independent Treasury" in the Act of May 29, 1920 (ch. 214, 41

Stat. 654). In clause (2), the words "rules and" are omitted as

surplus.

AMENDMENTS

1998 - Subsec. (c)(1). Pub. L. 105-264 inserted "if the

Administrator of General Services has determined that verification

by a prepayment audit conducted pursuant to section 3726(a) of this

title for a particular mode or modes of transportation, or for an

agency or subagency, will not adequately protect the interests of

the Government" after "classifications".

1996 - Subsec. (a). Pub. L. 104-134 inserted "section 3716 and

section 3720A of this title and" after "Except as provided in" in

introductory provisions.

1984 - Subsec. (a). Pub. L. 98-216 amended subsec. (a) generally,

substituting "Except as provided in subsection (b) of this section,

a" for "A" in second sentence.

Subsecs. (b), (c). Pub. L. 98-216 added subsec. (b) and

redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-264, Sec. 3(b), Oct. 19, 1998, 112 Stat. 2354,

provided that: "The amendments made by this section [amending this

section and sections 3528 and 3726 of this title] shall become

effective 18 months after the date of the enactment of this Act

[Oct. 19, 1998]."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 31001(a)(2)(A) of Pub. L. 104-134 provided that: "The

provisions of this section [enacting sections 3720B to 3720E of

this title, amending this section, sections 3325, 3331, 3332, 3343,

3701, 3711, 3712, 3716 to 3719, 3720A, and 7701 of this title,

section 5514 of Title 5, Government Organization and Employees,

sections 6050P, 6103, and 6402 of Title 26, Internal Revenue Code,

and sections 404 and 664 of Title 42, The Public Health and

Welfare, enacting provisions set out as notes under sections 3701,

3711, 3716, and 3719 of this title and section 2461 of Title 28,

Judiciary and Judicial Procedure, amending provisions set out as

notes under section 7701 of this title and section 2461 of Title

28, and repealing provisions set out as notes under section 3718 of

this title] and the amendments made by this section shall take

effect on the date of the enactment of this Act [Apr. 26, 1996]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-216 effective Sept. 13, 1982, see section

4(c) of Pub. L. 98-216, set out as a note under section 490 of

Title 18, Crimes and Criminal Procedure.

-End-

-CITE-

31 USC Sec. 3323 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3323. Warrants

-STATUTE-

(a) Except as provided in section 3326 of this title, the

Secretary of the Treasury may pay out money only against a warrant.

A warrant shall be -

(1) authorized by law;

(2) signed by the Secretary; and

(3) countersigned by the Comptroller General.

(b)(1) A disbursing official shall send to the Secretary with a

warrant a certificate under section 3526 of this title, or a

requisition for an advance. The certificate or requisition shall

state the appropriation to which the payment is to be charged.

(2) The Secretary shall return the certificate or requisition to

the Comptroller General with the date and amount endorsed on the

certificate or requisition.

(c) A requisition for the payment of money on an audited account

or for depositing money in the Treasury is not required.

(d) The Secretary and the Comptroller General shall charge to the

appropriate appropriation in their books any money paid by a

warrant.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 950.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3323(a) 31:44(1st sentence). June 10, 1921, ch. 18, Sec.

304(1st par. 1st sentence), 42

Stat. 24.

31:76(2d sentence July 31, 1894, ch. 174, Sec.

words before 3d 11(2d, 3d sentences), 28 Stat.

comma). 209.

31:147(related to R.S. Sec. 305(related to

disbursement). disbursement); July 31, 1894,

ch. 174, Sec. 11(last sentence

related to Sec. 305), 28 Stat.

209.

3323(b) 31:76(2d sentence

words after 3d

comma).

3323(c) 31:76(3d sentence).

3323(d) 31:44(1st sentence).

31:77. R.S. Sec. 3675.

--------------------------------------------------------------------

In the section, the words "Comptroller General" are substituted

for "General Accounting Office" for consistency.

Subsection (a) is substituted for 31:76(2d sentence words before

3d comma) and 147(related to disbursement) to eliminate unnecessary

words and for clarity and consistency.

In subsection (b), the word "Secretary" is substituted for

"Treasurer" because of the source provisions restated in section

321 of the revised title.

In subsection (b)(1), the words "instead of being specified on

the warrant" are omitted as surplus. The reference to "section 3526

of this title" is used because section 72, referred to in 31:76,

has been omitted from the restatement superseded by 31:82i and

31:82i is restated in section 3526.

In subsection (c), the word "depositing" is substituted for

"covering" for clarity and consistency.

-End-

-CITE-

31 USC Sec. 3324 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3324. Advances

-STATUTE-

(a) Except as provided in this section, a payment under a

contract to provide a service or deliver an article for the United

States Government may not be more than the value of the service

already provided or the article already delivered.

(b) An advance of public money may be made only if it is

authorized by -

(1) a specific appropriation or other law; or

(2) the President to be made to -

(A) a disbursing official if the President decides the

advance is necessary to carry out -

(i) the duties of the official promptly and faithfully; and

(ii) an obligation of the Government; or

(B) an individual serving in the armed forces at a distant

station if the President decides the advance is necessary to

disburse regularly pay and allowances.

(c) Before the Secretary of the Treasury acts on a requisition

for an advance, the Comptroller General shall act on the

requisition under section 3522 of this title. The Comptroller

General does not countersign a requisition for an advance.

(d) The head of an agency may pay in advance from appropriations

available for the purpose -

(1) to the Secretary of the Army, charges for messages sent by

the Secretary of the Army for the head of the agency, including

charges for -

(A) payment of tolls of commercial carriers;

(B) leasing facilities for sending messages; and

(C) installing and maintaining facilities for sending

messages; and

(2) charges for a publication printed or recorded in any way

for the auditory or visual use of the agency.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 950.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3324(a) 31:529(2d sentence). R.S. Sec. 3648; Aug. 2, 1946,

ch. 744, Sec. 11, 60 Stat. 809.

3324(b) 31:529(1st, 3d,

last sentences).

3324(c) 31:44(1st sentence). June 10, 1921, ch. 18, Sec.

304(1st par. 1st sentence), 42

Stat. 24.

31:76(1st, last July 31, 1894, ch. 174, Sec.

sentences). 11(1st, 4th sentences), 28

Stat. 209.

3324(d) 31:530a. June 12, 1930, ch. 470, Sec.

1, 46 Stat. 580; July 20,

1961, Pub. L. 87-91, Sec. 1,

75 Stat. 211.

31:530b. June 12, 1930, ch. 470, 46

Stat. 580, Sec. 2; added Dec.

22, 1974, Pub. L. 93-534, 88

Stat. 1731.

31:686-2. Apr. 15, 1926, ch. 146, Sec.

101(proviso on p. 267), 44

Stat. 267.

--------------------------------------------------------------------

In subsection (a), the words "Except as provided in this section"

are added for clarity. The words "already provided" and "already

delivered" are substituted for "rendered . . . delivered previously

to such payment" for clarity and consistency.

In subsection (b), before clause (1), the words "in any case" and

"It shall, however, be lawful under the special direction of" are

omitted as surplus. In clause (2)(A)(i), the word "official" is

substituted for "officer" for consistency in the revised title. The

words "of the Government" are omitted as surplus. Clause (2)(A)(ii)

is substituted for "the public engagements" for clarity. In clause

(2)(B), the word "individual" is substituted for "persons" for

consistency. The words "armed forces" are substituted for "military

and naval service" for consistency with title 10. The words "and

proper" are omitted as unnecessary. The words "disburse regularly

pay and allowances" are substituted for "discharge of the pay and

emoluments to which they may be entitled cannot be regularly

effected" to eliminate unnecessary words, for clarity, and for

consistency with title 37.

In subsection (c), the words "Comptroller General" are

substituted for "General Accounting Office" for consistency.

In subsection (d), before clause (1), the words "On and after

April 15, 1926" in 31:686-2 are omitted as executed. The word

"agency" is substituted for "department or establishment" because

of section 101 of the revised title and for consistency. The words

"may pay in advance from appropriations available for the purpose"

are substituted for "may transfer in advance . . . such amounts as

may be necessary to defray the expense of" for clarity and

consistency. In clause (1), the words "Secretary of the Army" are

substituted for "Signal Corps of the Army" because of 10:3012. The

title of Secretary of War was changed to Secretary of the Army, and

the Department of War was designated the Department of the Army by

section 205(a) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501),

and by sections 1 and 53 of the Act of August 10, 1956 (ch. 1041,

70A Stat. 157, 676). Clause (2) is substituted for 31:530a and 530b

to eliminate unnecessary words. The words "or the municipal

government of the District of Columbia" are omitted because of

sections 441-445 and 736 of the Act of December 24, 1973 (Pub. L.

93-198, 87 Stat. 798, 823).

EXEMPTION OF FUNCTIONS

Functions authorized by Foreign Assistance Act of 1961, as

amended, as exempt, see Ex. Ord. No. 11223, May 12, 1965, 30 F.R.

6635, set out as a note under section 2393 of Title 22, Foreign

Relations and Intercourse.

INTERNATIONAL REFUGEE ORGANIZATION

Funds available for expenditure without regard to this section,

see section 289c of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 781, 3726 of this title;

title 2 sections 68e, 95c, 475; title 5 sections 3381, 4109, 5923,

5924; title 7 sections 427i, 1624, 3318; title 8 section 1363a;

title 10 sections 2013, 2127, 2371, 2388, 2852, 6154, 18239; title

12 sections 1701c, 1701z-2, 3012; title 15 sections 196, 634, 2056,

2451, 2609, 2626; title 16 sections 460l-1, 565a-1, 581i-1, 1645,

2107; title 18 sections 4109, 4204; title 19 sections 2076, 2080,

2081; title 20 sections 959, 2012, 2106, 4414, 4513, 5708; title 21

sections 360j, 360ii; title 22 sections 287e-1, 289c, 294, 2103,

2179; title 25 sections 3115, 3733; title 26 section 7608; title 28

sections 530C, 995; title 33 section 1254; title 37 section 1006;

title 38 sections 7613, 7673; title 40 sections 590, 3502; title 42

sections 242m, 254l, 285a-2, 285b-3, 285n, 299c-4, 300c-22, 300u,

300cc-41, 1870, 2473, 3105, 4101, 4372, 7403, 7404; title 49

section 44505; title 50 sections 491, 502, 522; title 50 App.

section 1918.

-End-

-CITE-

31 USC Sec. 3325 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3325. Vouchers

-STATUTE-

(a) A disbursing official in the executive branch of the United

States Government shall -

(1) disburse money only as provided by a voucher certified by -

(A) the head of the executive agency concerned; or

(B) an officer or employee of the executive agency having

written authorization from the head of the agency to certify

vouchers;

(2) examine a voucher if necessary to decide if it is -

(A) in proper form;

(B) certified and approved; and

(C) computed correctly on the facts certified; and

(3) except for the correctness of computations on a voucher or

pursuant to payment intercepts or offsets pursuant to section

3716 or 3720A of this title,,(!1) be held accountable for

carrying out clauses (1) and (2) of this subsection.

(b) In addition to officers and employees referred to in

subsection (a)(1)(B) of this section as having authorization to

certify vouchers, members of the armed forces may certify vouchers

when authorized, in writing, by the Secretary of Defense or, in the

case of the Coast Guard when it is not operating as a service in

the Navy, by the Secretary of Transportation.

(c) On request, the Secretary of the Treasury may provide to the

appropriate officer or employee of the United States Government a

list of persons receiving periodic payments from the Government.

When certified and in proper form, the list may be used as a

voucher on which the Secretary may disburse money.

(d) The head of an executive agency or an officer or employee of

an executive agency referred to in subsection (a)(1)(B), as

applicable, shall include with each certified voucher submitted to

a disbursing official pursuant to this section the taxpayer

identifying number of each person to whom payment may be made under

the voucher.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 951; Pub. L. 104-106,

div. A, title IX, Sec. 913(b), Feb. 10, 1996, 110 Stat. 411; Pub.

L. 104-134, title III, Sec. 31001(g)(1)(B), (y), Apr. 26, 1996, 110

Stat. 1321-363, 1321-378; Pub. L. 104-201, div. A, title X, Sec.

1009(b), Sept. 23, 1996, 110 Stat. 2634.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3325(a) 31:82b. Dec. 29, 1941, ch. 641, Secs.

1, 4(related to Sec. 1), 55

Stat. 875, 876.

31:82f(related to Apr. 28, 1942, ch. 247, Sec.

disbursing 301(1st par. proviso under

officers). heading "Bureau of Accounts"

related to disbursing

officers), 56 Stat. 244.

3325(b) 31:82e(related to

31:82b).

3325(c) 31:82a. May 14, 1937, ch. 180, Sec.

1(2d par. last proviso on p.

140), 50 Stat. 140.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Notwithstanding

the provisions of section 82 of this title, and section 4 of

Executive Order Numbered 6166, dated June 10, 1933" in 31:82b are

omitted as unnecessary. In clause (1), the word "duly" is omitted

as surplus. In clause (1)(A) and (B), the words "executive agency"

are substituted for "department, establishment or agency concerned"

because of section 102 of the revised title and for consistency. In

clause (2)(C), the words "basis of the" are omitted as surplus. In

clause (3), the words "for carrying out clauses (1) and (2) of this

subsection" are substituted for "accordingly" for clarity.

In subsection (b), the words "under the jurisdiction" are omitted

as surplus. The words "a military department of the Department of

Defense" are substituted for "the Department of the Army, the Navy

Department (including the Marine Corps)" for consistency with title

10. The words "and the Panama Canal" (subsequently changed to "the

Canal Zone Government" by section 2(a)(1) of the Act of September

26, 1950 (ch. 1049, 64 Stat. 1038)) are omitted because of 22:ch.

51. The word "pay" is substituted for "salaries" for consistency in

the revised title and with other titles of the United States Code.

In subsection (c), the words "On and after May 14, 1937" are

omitted as executed. The words "Secretary of the Treasury" are

substituted for "Division of Disbursement, Treasury Department" in

section 1(last proviso of 2d par. on p. 140) of the Act of May 14,

1937, because of section 1(a) of Reorganization Plan No. III of

1940 (eff. June 30, 1940, 54 Stat. 1231) and section 321(c) of the

revised title. The word "appropriate" is added for clarity. The

words "officer or employee of the United States Government" are

substituted for "administrative officers" for consistency in the

revised title and with other titles of the United States Code. The

words "addressographed or stenciled" and "administratively revised

and" are omitted as surplus. The words "disburse public money" are

substituted for "make payment" for consistency.

AMENDMENTS

1996 - Subsec. (a)(3). Pub. L. 104-134, Sec. 31001(g)(1)(B),

inserted "or pursuant to payment intercepts or offsets pursuant to

section 3716 or 3720A of this title," after "voucher".

Subsec. (b). Pub. L. 104-201 substituted "members of the armed

forces may certify vouchers when authorized, in writing, by the

Secretary of Defense or, in the case of the Coast Guard when it is

not operating as a service in the Navy, by the Secretary of

Transportation" for "members of the armed forces under the

jurisdiction of the Secretary of Defense may certify vouchers when

authorized, in writing, by the Secretary to do so".

Pub. L. 104-106 amended subsec. (b) generally. Prior to

amendment, subsec. (b) read as follows: "Subsection (a) of this

section does not apply to disbursements of a military department of

the Department of Defense, except for disbursements for

departmental pay and expenses in the District of Columbia."

Subsec. (d). Pub. L. 104-134, Sec. 31001(y), added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3528 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

31 USC Sec. 3326 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3326. Waiver of requirements for warrants and advances

-STATUTE-

(a) When the Secretary of the Treasury and the Comptroller

General decide that, with sufficient safeguards, existing

procedures may be changed to simplify, improve, and economize the

control and accounting of public money, they may prescribe joint

regulations for waiving any part of the requirements in effect on

September 12, 1950, that -

(1) warrants be issued and countersigned for the receipt,

retention, and disbursement of public money and trust funds; and

(2) amounts be requisitioned and advanced to accountable

officials.

(b) Regulations of the Secretary and the Comptroller General may

provide for the payment of vouchers by authorized disbursing

officials by checks drawn on the general fund of the Treasury.

However, the regulations shall provide for appropriate action

(including suspension or withdrawal of authority to make payments)

against a delinquent disbursing official for any reason related to

the official's accounts.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 951.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3326(a) 31:66c(a). Sept. 12, 1950, ch. 946, Sec.

115, 64 Stat. 837.

3326(b) 31:66c(b).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "in effect on

September 12, 1950" are substituted for "existing" for clarity. In

clause (2), the words "under each separate appropriation head or

otherwise" are omitted as surplus.

In subsection (b), the word "official" is substituted for

"officers" for consistency. The word "Treasury" is substituted for

"Treasurer of the United States" because of the source provisions

restated in section 321 of the revised title and Department of the

Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words

"in the rendition of their accounts or for other" and "under

necessary circumstances" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3301, 3323 of this title.

-End-

-CITE-

31 USC Sec. 3327 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3327. General authority to issue checks and other drafts

-STATUTE-

(a) The Secretary of the Treasury may issue a check or other

draft on public money in the Treasury to pay an obligation of the

United States Government. When the Secretary decides it is

convenient to a public creditor and in the public interest, the

Secretary may designate a depositary to issue a check or other

draft on public money held by the depositary to pay an obligation

of the Government. As directed by the Secretary, each depositary

shall report to the Secretary on public money paid and received by

the depositary.

(b) The Secretary of the Treasury shall take such actions as are

necessary to ensure that Social Security account numbers (including

derivatives of such numbers) are not visible on or through unopened

mailings of checks or other drafts described in subsection (a) of

this section.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 952; Pub. L. 106-433,

Sec. 2, Nov. 6, 2000, 114 Stat. 1910.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3327 31:526. R.S. Sec. 3644.

--------------------------------------------------------------------

The words "Secretary of the Treasury" are substituted for

"Treasurer" because of the source provisions restated in section

321(c) of the revised title. The words "may issue a check or other

draft" are substituted for "shall be subject to the draft of" for

consistency in the revised title. The words "public money" are

substituted for "moneys" because section 10 of the Act of August 6,

1846 (ch. 90, 9 Stat. 61), from which section 3644 of the Revised

Statutes is derived, used the term "public money". The words

"obligation of the United States Government" are substituted for

"on the public account", and the words "may designate a depositary

to issue a check or draft on public money held by the depositary to

pay an obligation of the Government" are substituted for "is

authorized to draw upon any of the depositaries" for clarity and

consistency. The words "at such times and in such forms . . . shall

be" are omitted as surplus. The words "United States Postal

Service" and "Postmaster General" are omitted because of 39:410.

The words "report to the Secretary on public money paid and

received by the depositary" are substituted for "so drawn upon

shall make returns to the Treasury Department" for clarity and

consistency.

AMENDMENTS

2000 - Pub. L. 106-433 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 2000 AMENDMENT AND TRANSITIONAL RULE

Pub. L. 106-433, Sec. 3, Nov. 6, 2000, 114 Stat. 1910, provided

that:

"(a) In General. - The amendments made by this Act [amending this

section] shall apply with respect to all mailings of checks or

other drafts issued on or after the date which is 3 years after the

date of the enactment of this Act [Nov. 6, 2000].

"(b) Phase-in of Amendments. - Effective on the date of the

enactment of this Act, the Secretary of the Treasury shall commence

procedures to gradually implement the amendments made by this Act

in advance of the effective date described in subsection (a). Not

later than 1 year after the date of the enactment of this Act, and

annually thereafter for each of the next 2 years, the Secretary

shall transmit to each House of the Congress a report describing

the manner and extent to which the requirements of the preceding

sentence have been carried out."

-End-

-CITE-

31 USC Sec. 3328 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3328. Paying checks and drafts

-STATUTE-

(a) Time Limit on Treasury Checks. -

(1) In general. - Except as provided in sections 3329 and 3330

of this title -

(A) the Secretary shall not be required to pay a Treasury

check issued on or after the effective date of this section

unless it is negotiated to a financial institution within 12

months after the date on which the check was issued; and

(B) the Secretary shall not be required to pay a Treasury

check issued before the effective date of this section unless

it is negotiated to a financial institution within 12 months

after such effective date.

(2) Deferral pending settlement. - Notwithstanding the time

limitations imposed by paragraph (1), if the Secretary is on

notice of a question of law or fact about whether a Treasury

check is properly payable when the check is presented for

payment, the Secretary may defer payment on such check until the

question is settled.

(3) Nothing in this subsection shall be construed to affect the

underlying obligation of the United States, or any agency

thereof, for which a Treasury check was issued.

(b)(1) If a check issued by a disbursing official and drawn on a

designated depositary is not paid by the last day of the fiscal

year after the fiscal year in which the check was issued, the

amount of the check is -

(A) withdrawn from the account with the depositary; and

(B) deposited in the Treasury for credit to a consolidated

account of the Treasury.

(2) A claim for the proceeds of an unpaid check under this

subsection may be paid from a consolidated account by a check drawn

on the Treasury.

(c) A limitation imposed on a claim against the United States

Government under section 3702 of this title does not apply to an

unpaid check drawn on the Treasury or a designated depositary.

(d) The Secretary may prescribe regulations the Secretary decides

are necessary to carry out subsections (a)-(c) of this section.

(e)(1) The Secretary shall prescribe regulations on -

(A) enforcing the speedy presentation of Government drafts;

(B) paying drafts, including the place of payment; and

(C) paying drafts if presentment is not made as required.

(2) Regulations prescribed under paragraph (1) of this subsection

shall prevent, as far as may be practicable, Government drafts from

being used or placed in circulation as paper currency or a medium

of exchange.

(f) Authority To Decline Payment. - Nothing in this section

limits the authority of the Secretary to decline payment of a

Treasury check after first examination thereof at the Treasury.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 952; Pub. L. 100-86,

title X, Sec. 1002, Aug. 10, 1987, 101 Stat. 658; Pub. L. 104-316,

title I, Sec. 115(d), Oct. 19, 1996, 110 Stat. 3834.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3328(a)( 31:132(a). July 11, 1947, ch. 222, Sec.

1) 1, 61 Stat. 308; restated Aug.

28, 1957, Pub. L. 85-183, Sec.

1, 71 Stat. 464.

3328(a)( 31:134(less last 30 July 11, 1947, ch. 222, Sec.

2) words before 1st 3, 61 Stat. 309; restated Aug.

proviso). 28, 1957, Pub. L. 85-183, Sec.

2, 71 Stat. 464.

3328(b) 31:132(b).

3328(c) 31:132(c).

3328(d) 31:134(last 30

words before 1st

proviso).

3328(e) 31:527 R.S. Sec. 3645.

--------------------------------------------------------------------

In the section, the word "Treasury" is substituted for "Treasurer

of the United States" because of the source provisions restated in

section 321 of the revised title and Department of the Treasury

Order 229 of January 14, 1974 (39 F.R. 2280).

In subsections (a)(1) and (b), the words "Comptroller General"

are substituted for "General Accounting Office" for consistency.

In subsections (a)(1) and (c), the words "heretofore or

hereafter" are omitted as surplus.

In subsection (a)(1), the words "Except as provided in sections

3330 and 3331 of this title" are added for clarity. The words

"including those drawn by wholly owned and mixed-ownership

Government corporations" are omitted as surplus. The words

"Secretary of the Treasury" are substituted for "Treasurer of the

United States" after "for payment the" because of the source

provisions restated in section 321(c) of the revised title. The

words "doubtful", "for payment", and "of such check" are omitted as

surplus.

In subsection (a)(2), before clause (A), the words "When the

Secretary decides it is appropriate" are substituted for "at

appropriate intervals" for clarity. In clauses (A) and (B), the

words "on the books" are omitted as surplus. In clause (A), the

words "drawn on the Treasury" are added for clarity and

consistency. In clause (B), the words "from the accounts . . . for

the payment of unpaid checks . . . of the Treasury" are omitted as

surplus. The words "and to transfer to such consolidated account or

accounts the balance of the special deposit account established

pursuant to section 132 of this title", and the words "any unpaid

checks heretofore payable from the special deposit account", are

omitted as executed because the account was established under

31:132 as originally enacted in 1947 and then abolished by the 1957

amendment to that section. The text of 31:134(1st proviso) is

omitted as superseded by section 448 of the Act of December 24,

1973 (Pub. L. 93-198, 87 Stat. 801). The text of 31:134(last

proviso) is omitted as executed.

In subsection (b)(1), before clause (A), the words "issued by a

disbursing official" are substituted for "drawn by authorized

officers of the United States" for consistency. In clause (B), the

words "or accounts on the books" are omitted as surplus.

Subsection (c) is substituted for 31:132(c) for consistency and

to eliminate unnecessary words.

In subsection (d), the words "rules and" and "or proper" are

omitted as surplus.

In subsection (e)(1), before clause (A), the word "prescribe" is

substituted for "issue and publish" for consistency in the revised

title and with other titles of the United States Code. In clause

(B), the words "and to prescribe the time, according to the

different distances of the depositaries from the seat of

Government, within which all drafts upon them, respectively, shall

be presented for payment" are omitted as superseded by subsection

(a) of the revised section. Clause (C) is substituted for

31:527(words between semicolons) to eliminate unnecessary words.

In subsection (e)(2), the words "and directions" are omitted as

surplus.

-REFTEXT-

REFERENCES IN TEXT

The effective date of this section, referred to in subsec.

(a)(1), probably means the effective date of subsec. (a) of this

section as amended by section 1002 of Pub. L. 100-86, which is

effective 6 months after Aug. 10, 1987, or on such later date as

the Secretary of the Treasury may prescribe in regulations. See

section 1006 of Pub. L. 100-86, set out as a note below.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-316, Sec. 115(d)(1),

substituted "until the question is settled" for "until the

Comptroller General settles the question".

Subsec. (b)(2). Pub. L. 104-316, Sec. 115(d)(2), struck out "on

settlement by the Comptroller General" after "the Treasury".

Subsec. (d). Pub. L. 104-316, Sec. 115(d)(3), substituted "The"

for "With the approval of the Comptroller General, the".

1987 - Subsec. (a). Pub. L. 100-86, Sec. 1002(1), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"(1) Except as provided in sections 3329 and 3330 of this title,

a check drawn on the Treasury may be paid at any time. However, if

the Secretary of the Treasury is on notice of a question of law or

fact about the check when the check is presented, the Secretary

shall defer payment until the Comptroller General settles the

question.

"(2) When the Secretary decides it is appropriate, the Secretary

may transfer -

"(A) the amount of an unpaid check drawn on the Treasury from

the account on which it was drawn to a consolidated account of

the Treasury available for paying checks; and

"(B) an amount available, but not required, for paying checks

drawn on the Treasury to the appropriate receipt account."

Subsec. (f). Pub. L. 100-86, Sec. 1002(2), added subsec. (f).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 1006 of Pub. L. 100-86 provided that: "The amendments

made by sections 1002, 1003, and 1004 [enacting section 3334 of

this title and amending this section and sections 3702 and 3712 of

this title] shall become effective 6 months after the date of

enactment of this Act [Aug. 10, 1987] or on such later date as the

Secretary of the Treasury may prescribe in regulations."

REGULATIONS

Section 1005 of Pub. L. 100-86 provided that: "The Secretary of

the Treasury may prescribe such rules, regulations, and procedures

as the Secretary deems necessary to implement the amendments made

by sections 1002, 1003, and 1004 [enacting section 3334 of this

title and amending this section and sections 3702 and 3712 of this

title], including the recertification of Treasury checks which have

been canceled or for which a claim has been asserted or barred."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3334 of this title.

-End-

-CITE-

31 USC Sec. 3329 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3329. Withholding checks to be sent to foreign countries

-STATUTE-

(a) The Secretary of the Treasury shall prohibit a check or

warrant drawn on public money from being sent to a foreign country

from the United States or from a territory or possession of the

United States when the Secretary decides that postal,

transportation, or banking facilities generally, or local

conditions in the foreign country, do not reasonably ensure that

the payee -

(1) will receive the check or warrant; and

(2) will be able to negotiate it for full value.

(b)(1) If a check or warrant is prohibited from being sent to a

foreign country under subsection (a) of this section, the drawer

shall hold the check or warrant until the end of the calendar

quarter after the date of the check or warrant.

(2) The Secretary may release the check or warrant for delivery

during the calendar quarter after the date of the check or warrant

if the Secretary decides that conditions have changed to ensure

reasonably that the payee -

(A) will receive the check or warrant; and

(B) will be able to negotiate it for full value.

(3) Unless the Secretary otherwise directs, the drawer shall send

at the end of the calendar quarter after the date of the check or

warrant the -

(A) withheld check or warrant to the drawee; and

(B) report to the Secretary on -

(i) the name and address of the payee;

(ii) the date, number, and amount of the check or warrant;

and

(iii) the account on which the check or warrant was drawn.

(4) The drawee shall transfer the amount of a withheld check or

warrant from the account of the drawer to the special deposit

account "Secretary of the Treasury, Proceeds of Withheld Foreign

Checks". The check or warrant shall be marked "Paid into Withheld

Foreign Check Account". The Secretary shall credit the accounts of

the drawer and drawee.

(c) The Secretary may pay an amount deposited in the special

account under subsection (b)(4) of this section with a check drawn

on the account when -

(1) a person claiming payment satisfies the Secretary of the

right to the amount of the check or warrant (or satisfies the

Secretary of Veterans Affairs if the claim represents a payment

under laws administered by the Secretary of Veterans Affairs);

and

(2) the Secretary is reasonably ensured that the person -

(A) will receive the check or warrant; and

(B) will be able to negotiate it for full value.

(d) This section and section 3330 of this title -

(1) apply to a check or warrant whose delivery may be withheld

under Executive Order 8389;

(2) do not affect a requirement for a license for delivering

and paying a check in payment of a claim under subsection (c) of

this section when a license is required by law to authorize

delivery and payment; and

(3) do not affect a check or warrant issued for the payment of

pay or goods bought by the United States Government in a foreign

country.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 953; Pub. L. 102-54, Sec.

13(l)(2), June 13, 1991, 105 Stat. 277; Pub. L. 104-316, title I,

Sec. 115(e), Oct. 19, 1996, 110 Stat. 3834.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3329(a) 31:123(words before Oct. 9, 1940, ch. 796, Sec.

1st proviso). 1(words before 1st proviso),

54 Stat. 1086; Dec. 2, 1942,

ch. 659, 56 Stat. 1028.

3329(b) 31:124(1st par.). Oct. 9, 1940, ch. 796, Secs.

2(1st par.), 3(1st par.), 4,

6, 54 Stat. 1086, 1087.

3329(c) 31:125(1st par.).

3329(d) 31:126.

31:128.

--------------------------------------------------------------------

In the section, the words "drawn on" are substituted for "drawn

against" for consistency in the revised chapter. The word

"actually" is omitted as surplus.

In subsection (a), before clause (1), the words "On and after

October 9, 1940" are omitted as executed. The words "drawn on

public money" are substituted for "drawn against funds of the

United States, or any agency or instrumentality thereof" to

eliminate unnecessary words and for consistency in the chapter. The

words "and the Commonwealth of the Philippine Islands" in section 1

of the Act of October 9, 1940, are omitted because of Proclamation

No. 2695 of July 4, 1946 (60 Stat. 1352). The words "to which such

check or warrant is to be delivered" are omitted as surplus.

In subsection (b)(3)(A), the words "in accordance with the

provisions of sections 123 to 128 of this title" and "thereof" are

omitted as surplus.

In subsection (b)(3)(B), before subclause (i), the word

"Secretary" is substituted for "Bureau of Accounts of the Treasury

Department" because of the source provisions restated in section

321 of the revised title. The word "fully" is omitted as surplus.

In subsection (b)(4), the word "withheld" is substituted for

"undelivered" for clarity. The words "with the Treasurer of the

United States" and the words "of the United States" after

"Comptroller General" are omitted as unnecessary.

In subsection (d)(1), the words "is now being, or . . .

hereafter" and "as well as to all checks or warrants the delivery

of which is now being withheld pursuant to administrative action,

which administrative action is ratified and confirmed" in 31:126

are omitted as executed.

In subsection (d)(2), the words "do not affect a requirement for"

are substituted for "nothing in sections 123 to 128 of this title

shall be construed to dispense with the necessity of" in 31:126 to

eliminate unnecessary words and because of the restatement. The

words "obtaining . . . authorize" and "is now or hereafter" are

omitted as surplus.

In subsection (d)(3), the words "does not affect" are substituted

for "Nothing contained in sections 123 to 128 of this title shall

be construed as affecting or applying to" in 31:128 to eliminate

unnecessary words and because of the restatement. The word "pay" is

substituted for "salaries or wages" for consistency in the revised

title and with other titles of the United States Code.

AMENDMENTS

1996 - Subsec. (b)(4). Pub. L. 104-316 substituted "The Secretary

shall credit the accounts of the drawer and drawee." for "After

that time, the drawee shall send all withheld checks and warrants

to the Comptroller General. The Comptroller General shall credit

the accounts of the drawer and drawee."

1991 - Subsec. (c)(1). Pub. L. 102-54 substituted "Secretary of

Veterans Affairs" for "Administrator of Veterans' Affairs" and

"laws administered by the Secretary of Veterans Affairs" for "laws

carried out by the Administrator".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3328, 3330 of this title;

title 38 sections 5121, 5309; title 42 sections 402, 1004.

-End-

-CITE-

31 USC Sec. 3330 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3330. Payment of Department of Veterans Affairs checks for the

benefit of individuals in foreign countries

-STATUTE-

(a)(1) A check is deemed to be issued for sending to a foreign

country and subject to this section and section 3329 of this title

if the check is -

(A) drawn on public money;

(B) for benefits under laws carried out by the Secretary of

Veterans Affairs; and

(C) to be sent to a person in the United States or a territory

or possession of the United States, and the person is legally

responsible for the care of an individual in a foreign country.

(2) The Secretary of Veterans Affairs shall notify the Secretary

of the Treasury of each check described under paragraph (1) of this

subsection.

(3) The Secretary of Veterans Affairs may exempt a check from

paragraph (1) of this subsection if the application of paragraph

(1) would reduce, discontinue, or deny benefits for the care of a

dependent of an individual in a foreign country.

(b) When the amount of checks (representing payments to an

individual under laws administered by the Secretary of Veterans

Affairs) transferred under section 3329(b)(4) of this title equals

$1,000, the amounts of additional checks (except checks under

contracts of insurance) payable to the individual under those laws

shall be deposited in the Treasury as miscellaneous receipts. An

amount transferred under section 3329(b)(4) or deposited as

miscellaneous receipts is deemed to be payment for all purposes to

the individual entitled to payment.

(c) If the payee of a check for pension, compensation, or

emergency officers' retirement pay under laws administered by the

Secretary of Veterans Affairs dies while the amount of the check is

in the special deposit account, the amount is payable (subject to

section 3329 of this title and this section) as follows:

(1) after the death of the veteran, to the surviving spouse,

or, if there is no surviving spouse, to children of the veteran

under 18 years of age at the time of the veteran's death.

(2) after the death of the surviving spouse, to children of the

spouse under 18 years of age at the time of the spouse's death.

(3) after the death of an apportionee of a part of the

veteran's pension, compensation, or emergency officers'

retirement pay but before all of the apportioned amount is paid

to the veteran, the apportioned amount not paid.

(4) in any other case, only to the extent necessary to

reimburse a person for burial expenses.

(d)(1) A payment may be made under subsection (c) of this section

only if a claim for payment is -

(A) filed with the Secretary of Veterans Affairs by the end of

the first year after the date of the death of the individual

entitled to payment; and

(B) completed by submitting the necessary evidence by the 6th

month after the date the Secretary of Veterans Affairs requests

the evidence.

(2) Payment shall include only amounts due at the time of death

under ratings or decisions existing at the time of the death.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 954; Pub. L. 102-54, Sec.

13(l)(3), (4)(A), June 13, 1991, 105 Stat. 277; Pub. L. 103-272,

Sec. 4(f)(1)(I), July 5, 1994, 108 Stat. 1362.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3330(a) 31:123(provisos). Oct. 9, 1940, ch. 796, 54

Stat. 1086, Sec. 1(provisos);

added Dec. 2, 1942, ch. 659,

56 Stat. 1028.

3330(b) 31:124(last par.). Oct. 9, 1940, ch. 796, Secs.

2(last par.), 3(last par.), 54

Stat. 1086, 1087.

3330(c), 31:125(last par.).

(d)

--------------------------------------------------------------------

In the section, the words "laws carried out" are substituted for

"laws administered", and the words "Administrator of Veterans'

Affairs" and "Administrator" are substituted for "Veterans'

Administration", for consistency.

In subsection (a)(1), before clause (A), the word "issued" is

substituted for "drawn" for clarity and consistency. Clause (A) is

substituted for "drawn against funds of the United States" for

consistency in the chapter. In clause (C), the words "guardian,

curator, conservator, or other" are omitted as surplus. The words

"legally responsible for" are substituted for "vested with" for

clarity.

In subsection (b), the words "under section 3329(b)(4) of this

title" are substituted for "to the special deposit account" for

clarity and because of the restatement. The words "deposited in"

are substituted for "covered into" for clarity and consistency in

the revised title.

In subsection (c), before clause (1), the word "accruing" is

omitted as surplus. In clauses (1) and (2), the words "surviving

spouse" and "spouse" are substituted for "widow", and the word

"spouse's" is substituted for "widow's", to conform to amendments

made generally to title 38 by the Veterans Disability Compensation

and Survivor Benefits Act of 1976 (Pub. L. 94-433, 90 Stat. 1374).

In clause (1), the words "first to" are omitted as surplus. In

clause (4), the word "only" is substituted for "no disbursement

whatsoever of such pension, compensation, or emergency officers'

retirement pay shall be made or allowed except so much" to

eliminate unnecessary words.

In subsection (d)(1)(B), the word "completed" is substituted for

"perfected" for clarity.

In subsection (d)(2), the words "and unpaid" are omitted as

surplus.

AMENDMENTS

1994 - Subsec. (d)(1)(B). Pub. L. 103-272 substituted "Secretary

of Veterans Affairs" for "Administrator".

1991 - Pub. L. 102-54, Sec. 13(l)(4)(A), substituted "Department

of Veterans Affairs" for "Veterans' Administration" in section

catchline.

Subsec. (a)(1)(B). Pub. L. 102-54, Sec. 13(l)(3)(A), substituted

"Secretary of Veterans Affairs" for "Administrator of Veterans'

Affairs".

Subsec. (a)(2), (3). Pub. L. 102-54, Sec. 13(l)(3)(B),

substituted "Secretary of Veterans Affairs" for "Administrator".

Subsecs. (b), (c). Pub. L. 102-54, Sec. 13(l)(3)(C), substituted

"laws administered by the Secretary of Veterans Affairs" for "laws

carried out by the Administrator".

Subsec. (d)(1)(A). Pub. L. 102-54, Sec. 13(l)(3)(B), substituted

"Secretary of Veterans Affairs" for "Administrator".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3328, 3329 of this title;

title 5 section 5514; title 38 sections 5121, 5309; title 42

section 402.

-End-

-CITE-

31 USC Sec. 3331 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3331. Substitute checks

-STATUTE-

(a) In this section, "original check" -

(1) means an order for the payment of money -

(A) payable on demand;

(B) that does not bear interest;

(C) drawn by an authorized disbursing official or agent of

the United States Government; and

(D) the amount of which is deposited with the Treasury or

another account available for payment; and

(2) does not include coins and currency of the Government.

(b) When the Secretary of the Treasury is satisfied that an

original check is lost, stolen, destroyed in any part, or is so

defaced that the value to the owner or holder is impaired, the

Secretary may issue a substitute check to the owner or holder of

the original check. Except as provided in subsection (c) or (f) of

this section, the substitute check is payable from the amount

available to pay the original check.

(c) When the Secretary is satisfied that an original check drawn

on a depositary in a foreign country or a territory or possession

of the United States is lost, stolen, destroyed in part, or is so

defaced that its value to the owner or holder is impaired, the

drawer of the original check (or another official designated by the

Secretary with the approval of the head of the agency on whose

behalf the original check was issued) may issue to the owner or

holder of the check a substitute check. The drawer or official

shall issue the substitute check by the last day of the fiscal year

after the fiscal year in which the original check was issued -

(1) using the current date; and

(2) drawn on the account of the drawer of the original check or

another account available for payment of the substitute.

(d) A substitute check issued under this section -

(1) may be paid only if the original check has not been paid;

(2) shall include information necessary to identify the

original check;

(3) that is drawn on the Treasury -

(A) is deemed to be an original check; and

(B) is paid under the same conditions as the original check;

and

(4) does not relieve a disbursing or certifying official from

liability to the Government for payment resulting from

erroneously issuing the original check.

(e) Before issuing a substitute check under this section, the

Secretary may require the owner or holder of the original check to

agree to indemnify the Government with security in the form and

amount the Secretary decides is necessary.

(f) The Secretary may waive any provision of this section as may

be necessary to ensure that claimants receive timely payments.

(g) Under conditions the Secretary may prescribe, the Secretary

may delegate duties and powers of the Secretary under this section

to the head of an agency. Consistent with a delegation from the

Secretary under this subsection, the head of an agency may delegate

those duties and powers to an officer or employee of the agency.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 955; Pub. L. 97-452, Sec.

1(11), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 104-134, title III,

Sec. 31001(x)(2), Apr. 26, 1996, 110 Stat. 1321-377.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3331(a) 31:528(g). R.S. Sec. 3646(a)-(c), (f),

(g); Feb. 16, 1885, ch. 123,

23 Stat. 306; Mar. 23, 1906,

ch. 1129, 34 Stat. 84; June

19, 1906, ch. 3434, 34 Stat.

301; May 27, 1908, ch.

206(par. beginning on p. 415

amending Secs. 3646, 3647), 35

Stat. 415; Feb. 23, 1909, ch.

174, 35 Stat. 643; Mar. 21,

1916, ch. 52, 39 Stat. 37;

July 8, 1937, ch. 444, Sec. 9,

50 Stat. 482; Aug. 10, 1939,

ch. 665, Secs. 5-7, 53 Stat.

1359; restated Dec. 3, 1945,

ch. 515, Sec. 1, 59 Stat. 592;

July 11, 1947, ch. 222, Sec.

4(c), (d)(related to Sec.

3646(c)), (e), (f), 61 Stat.

309; Aug. 28, 1957, Pub. L.

85-183, Secs. 4, 5(a), (c), 71

Stat. 465; June 6, 1972, Pub.

L. 92-310, Sec. 231(s), 86

Stat. 211; Sept. 22, 1978,

Pub. L. 95-380, 92 Stat. 725.

3331(b) 31:528(a)(less last

28 words before

proviso, proviso).

3331(c) 31:528(c)(1st

sentence 1st-158th

words, 171st-195th

words).

3331(d) 31:528(a)(last 28

words before

proviso, proviso),

(c)(1st sentence

159th-170th words,

237th-last words,

last sentence), (f).

3331(e) 31:528(b), (c)(1st

sentence

196th-236th words).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "The term . . .

wherever used" are omitted as unnecessary. In clause (1), before

subclause (A), the words "check, warrant, or other" are omitted as

surplus. In subclause (C), the word "duly" is omitted as surplus.

The words "disbursing official or agent" are substituted for

"officer or agent" for consistency in the revised title. The words

"any wholly owned or mixed-ownership Government corporation" are

omitted as already being included in the restated source provisions

and because of section 101 of the revised title. Therefore, the

text is not meant to exclude employees of wholly owned Government

corporations and mixed-ownership Government corporations. The words

"the District of Columbia, or the District Unemployment

Compensation Board" are omitted because of section 448 of the Act

of December 24, 1973 (Pub. L. 93-198, 87 Stat. 801). The words "or

by any entity owned or controlled by the United States" are omitted

as unnecessary. In subclause (D), the words "and covered . . . or

deposited with the Treasurer of the United States" are omitted as

surplus. The words "or another account available for payment" are

added for clarity and consistency in the revised section. In clause

(2), the word "money" is omitted as being covered by "coins and

currency".

In subsections (b) and (c), the words "When the Secretary is

satisfied" are substituted for "whenever it is clearly proved to

the satisfaction of the Secretary" to eliminate unnecessary words.

The words "mutilated or" are omitted as being covered by "defaced".

In subsection (c), before clause (1), the words "Notwithstanding

the provisions of subsections (a) and (b) of this section" are

omitted as unnecessary. The words "including the Panama Canal Zone"

are omitted because of the Panama Canal Treaty of 1977. The words

"official designated" are substituted for "officer or employee of

the United States as may be authorized" for consistency in the

revised title and with other titles of the United States Code. The

word "agency" is substituted for "department or agency" because of

section 101 of the revised title and for consistency. In clause

(2), the words "drawn on" are substituted for "drawn against" for

consistency in the revised chapter.

In subsection (d)(3), before subclause (A), the word "Treasury"

is substituted for "Treasurer of the United States" because of the

source provisions restated in section 321 of the revised title and

Department of the Treasury Order 229 of January 14, 1974 (39 F.R.

2280).

In subsection (d)(4), the word "official" is substituted for

"officer" for consistency in the revised title and with other

titles of the United States Code.

In subsection (e), the words "surety or" are omitted as surplus.

The words "the receipt and approval by the Secretary of the

Treasury of" are omitted because of the restatement.

1983 ACT

This restates, as 31:3331(f), section 3646(h) of the Revised

Statutes that was inadvertently omitted from the codification of

title 31 by the Act of Sept. 13, 1982 (Pub. L. 97-258, 96 Stat.

1084). It provides authority for the Secretary of the Treasury to

delegate duties and powers related to issuing substitute checks to

heads of other agencies.

The words "terms and" are omitted as surplus. The words "duties

and powers" are substituted for "power, authority, or discretion"

for consistency in the revised title and with other titles of the

United States Code. The words "in whole or in part" are omitted as

surplus. The words "to such individuals as he may designate within

the Treasury Department" are omitted because of 31:321(b)(2). The

word "agency" is coextensive with and substituted for "other

department or agency of the Government or of any Federal Reserve

bank" because of 31:101. The words "terms and conditions" are

omitted as surplus.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-134, Sec. 31001(x)(2)(A),

substituted "subsection (c) or (f)" for "subsection (c)".

Subsecs. (f), (g). Pub. L. 104-134, Sec. 31001(x)(2)(B), (C),

added subsec. (f) and redesignated former subsec. (f) as (g).

1983 - Subsec. (f). Pub. L. 97-452 added subsec. (f).

EFFECTIVE DATE OF 1983 AMENDMENT

Section 2(i) of Pub. L. 97-452 provided that: "The amendments

made by section 1(11), (14), (19), (22), (24), (26), and (27)

[amending this section and sections 3702, 5103, 5154, 6501, 9101,

9107, and 9108 of this title] are effective as of September 13,

1982."

-End-

-CITE-

31 USC Sec. 3332 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3332. Required direct deposit

-STATUTE-

(a)(1) Notwithstanding any other provision of law, all Federal

wage, salary, and retirement payments shall be paid to recipients

of such payments by electronic funds transfer, unless another

method has been determined by the Secretary of the Treasury to be

appropriate.

(2) Each recipient of Federal wage, salary, or retirement

payments shall designate one or more financial institutions or

other authorized payment agents and provide the payment certifying

or authorizing agency information necessary for the recipient to

receive electronic funds transfer payments through each institution

so designated.

(b)(1) The head of each agency shall waive the requirements of

subsection (a) of this section for a recipient of Federal wage,

salary, or retirement payments authorized or certified by the

agency upon written request by such recipient.

(2) Federal wage, salary, or retirement payments shall be paid to

any recipient granted a waiver under paragraph (1) of this

subsection by any method determined appropriate by the Secretary of

the Treasury.

(c)(1) The Secretary of the Treasury may waive the requirements

of subsection (a) of this section for any group of recipients upon

request by the head of an agency under standards prescribed by the

Secretary of the Treasury.

(2) Federal wage, salary, or retirement payments shall be paid to

any member of a group granted a waiver under paragraph (1) of this

subsection by any method determined appropriate by the Secretary of

the Treasury.

(d) This section shall apply only to recipients of Federal wage

or salary payments who begin to receive such payments on or after

January 1, 1995, and recipients of Federal retirement payments who

begin to receive such payments on or after January 1, 1995.

(e)(1) Notwithstanding subsections (a) through (d) of this

section, sections 5120(a) and (d) of title 38, and any other

provision of law, all Federal payments to a recipient who becomes

eligible for that type of payment after 90 days after the date of

the enactment of the Debt Collection Improvement Act of 1996 shall

be made by electronic funds transfer.

(2) The head of a Federal agency shall, with respect to Federal

payments made or authorized by the agency, waive the application of

paragraph (1) to a recipient of those payments upon receipt of

written certification from the recipient that the recipient does

not have an account with a financial institution or an authorized

payment agent.

(f)(1) Notwithstanding any other provision of law (including

subsections (a) through (e) of this section and sections 5120(a)

and (d) of title 38), except as provided in paragraph (2) all

Federal payments made after January 1, 1999, shall be made by

electronic funds transfer.

(2)(A) The Secretary of the Treasury may waive application of

this subsection to payments -

(i) for individuals or classes of individuals for whom

compliance imposes a hardship;

(ii) for classifications or types of checks; or

(iii) in other circumstances as may be necessary.

(B) The Secretary of the Treasury shall make determinations under

subparagraph (A) based on standards developed by the Secretary.

(g) Each recipient of Federal payments required to be made by

electronic funds transfer shall -

(1) designate 1 or more financial institutions or other

authorized agents to which such payments shall be made; and

(2) provide to the Federal agency that makes or authorizes the

payments information necessary for the recipient to receive

electronic funds transfer payments through each institution or

agent designated under paragraph (1).

(h) The crediting of the amount of a payment to the appropriate

account on the books of a financial institution or other authorized

payment agent designated by a payment recipient under this section

shall constitute a full acquittance to the United States for the

amount of the payment.

(i)(1) The Secretary of the Treasury may prescribe regulations

that the Secretary considers necessary to carry out this section.

(2) Regulations under this subsection shall ensure that

individuals required under subsection (g) to have an account at a

financial institution because of the application of subsection

(f)(1) -

(A) will have access to such an account at a reasonable cost;

and

(B) are given the same consumer protections with respect to the

account as other account holders at the same financial

institution.

(j) For purposes of this section -

(1) The term "electronic funds transfer" means any transfer of

funds, other than a transaction originated by cash, check, or

similar paper instrument, that is initiated through an electronic

terminal, telephone, computer, or magnetic tape, for the purpose

of ordering, instructing, or authorizing a financial institution

to debit or credit an account. The term includes Automated

Clearing House transfers, Fed Wire transfers, transfers made at

automatic teller machines, and point-of-sale terminals.

(2) The term "Federal agency" means -

(A) an agency (as defined in section 101 of this title); and

(B) a Government corporation (as defined in section 103 of

title 5).

(3) The term "Federal payments" includes -

(A) Federal wage, salary, and retirement payments;

(B) vendor and expense reimbursement payments; and

(C) benefit payments.

Such term shall not include any payment under the Internal

Revenue Code of 1986.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 955; Pub. L. 98-369, div.

B, title VIII, Sec. 2814, July 18, 1984, 98 Stat. 1207; Pub. L.

103-356, title IV, Sec. 402(a), Oct. 13, 1994, 108 Stat. 3412; Pub.

L. 104-134, title III, Sec. 31001(x)(1), Apr. 26, 1996, 110 Stat.

1321-376.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3332(a) 31:492(b)(3). R.S. Sec. 3620(b), (c); added

Aug. 28, 1965, Pub. L. 89-145,

Sec. 1(2), 79 Stat. 582;

restated June 29, 1968, Pub.

L. 90-365, 82 Stat. 274; July

19, 1975, Pub. L. 94-57, Sec.

1(a), 89 Stat. 265.

31:492(note). July 19, 1975, Pub. L. 94-57,

Sec. 1(b)(1st sentence),

(c)(1st sentence), 89 Stat.

265.

3332(b) 31:492(b)(1)(1st

sentence words

before 1st comma,

words between 2d

comma and proviso).

3332(c) 31:492(b)(1)(

proviso, last

sentence).

31:492(note). July 19, 1975, Pub. L. 94-57,

89 Stat. 265, Sec. 1(b)(2d,

last sentences), (c)(2d, last

sentences); added Dec. 18,

1975, Pub. L. 94-157, Sec.

109, 89 Stat. 831.

3332(d) 31:492(b)(2)(less

32d-43d words).

3332(e) 31:492(c).

3332(f) 31:492(d)(1st-50th R.S. Sec. 3620(d); added Aug.

words). 7, 1972, Pub. L. 92-366, 86

Stat. 506.

3332(g) 31:492(b)(1)(1st

sentence words

between 1st and 2d

commas),

(2)(32d-43d words),

(d)(51st-last

words).

31:492(note).

--------------------------------------------------------------------

In subsection (a), the definition of "agency" is omitted because

of section 101 of the revised title. The words "and the municipal

government of the District of Columbia" are omitted because of

section 448 of the Act of December 24, 1973 (Pub. L. 93-198, 87

Stat. 801). The text of section 1(b)(1st sentence) and (c)(1st

sentence) of the Act of July 19, 1975, is omitted as executed. In

clause (2), the words "savings bank" are omitted as surplus.

In subsections (b)-(f), the words "officer or employee" are

substituted for "employee" for consistency in the revised title and

with other titles of the United States Code.

In subsections (b) and (d), the word "official" is substituted

for "officer" for consistency in the revised title and with other

titles of the Code. The words "issue a check payable to" are

substituted for "make the payment . . . by sending to . . . a check

that is drawn in favor of the organization" for clarity and

consistency and to eliminate unnecessary words.

In subsection (b), before clause (1), the words "Notwithstanding

subsection (a) of this section or any other provision of law" are

omitted as unnecessary. The words "may designate in writing not

more than 3 financial organizations to which a payment of pay of

the officer or employee shall be sent and the amount to be sent to

each organization" are substituted for "upon the written request of

an employee of the agency to whom a payment for wages or salary is

to be made . . . in the form of one, two, or three checks (the

number of checks . . . if more than one . . . designated by such

employee" for clarity, consistency in the revised title and with

other titles of the Code, and to eliminate unnecessary words.

In subsection (c), the words "(except for a financial

organization designated by an officer or employee of either House

of Congress)" are substituted for section 1(b)(last sentence) and

(c)(last sentence) of the Act of July 19, 1975 (Pub. L. 94-57, 89

Stat. 265), because of the restatement. The words "to which such

check is sent" are omitted because of the restatement.

In subsection (d), the words "to whom a payment is to be made"

are omitted as surplus. The words "upon the written request of such

employee" are omitted as unnecessary. The words "accompanied by a

schedule" are added for clarity.

In subsection (e), the word "payment" is substituted for

"acquittance" for clarity and consistency.

Subsection (f) is substituted for 31:492(d)(1st-50th words) to

eliminate unnecessary words.

In subsection (g), the words "rules and" in section 1(b) and (c)

of the Act of July 19, 1975 (Pub. L. 94-57, 89 Stat. 265), are

omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Debt Collection Improvement Act

of 1996, referred to in subsec. (e)(1), is the date of enactment of

section 31001 of Pub. L. 104-134, which was approved Apr. 26, 1996.

The Internal Revenue Code of 1986, referred to in subsec. (j)(3),

is classified generally to Title 26, Internal Revenue Code.

-MISC2-

AMENDMENTS

1996 - Subsecs. (e) to (j). Pub. L. 104-134 added subsecs. (e) to

(g), redesignated former subsec. (e) as (h), and added subsecs. (i)

and (j).

1994 - Pub. L. 103-356 substituted "Required direct deposit" for

"Checks payable to financial organizations designated by Government

officers and employees" as section catchline and amended text

generally. Prior to amendment, section authorized agency officers

and employees to designate not more than 3 financial organizations

to which a payment of pay or other recurring payments was to be

sent without charge and required the agency head to authorize

issuance of checks payable to those financial organizations in the

designated amounts.

1984 - Subsec. (b). Pub. L. 98-369, Sec. 2814(a), inserted

"without charge" after "shall be sent".

Subsecs. (c) to (g). Pub. L. 98-369, Sec. 2814(b), struck out

subsec. (c) which related to reimbursement of an agency for issuing

additional checks, and redesignated subsecs. (d) to (g) as (c) to

(f), respectively.

SAVINGS PROVISION

Any waiver in effect on Oct. 5, 1999, under subsec. (f)(2)(A)(i)

of this section to remain in effect until otherwise provided by the

Secretary of Defense under section 2786 of Title 10, Armed Forces,

see section 1008(a)(3) of Pub. L. 106-65, set out as a note under

section 2786 of Title 10.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 1594, 2786.

-End-

-CITE-

31 USC Sec. 3333 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3333. Relief for payments made without negligence

-STATUTE-

(a)(1) The Secretary of the Treasury is not liable for a payment

made by the Secretary or depositary in due course and without

negligence, of a -

(A) check, draft, or warrant drawn on the Treasury or the

depositary; and

(B) debt obligation guaranteed or assumed by the United States

Government.

(2) The Comptroller General shall credit the accounts of the

Treasury or the depositary for the payment.

(b) This section does not relieve another individual from civil

or criminal liability for a check, draft, warrant, or debt

obligation of the Government.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 956.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3333(a) 31:156(less Aug. 4, 1947, ch. 455, Sec. 3,

proviso). 61 Stat. 730.

3333(b) 31:156(proviso).

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "Secretary of

the Treasury" are substituted for "Treasurer" before "is not

liable" because of the source provisions restated in section 321(c)

of the revised title. The word "depositary" is substituted for

"upon the Treasurer of the United States through any Federal

Reserve Bank" for consistency in the revised title. The words

"Whenever . . . heretofore has been or hereafter" and "or on behalf

of" are omitted as surplus. In clause (A), the word "Treasury" is

substituted for "Treasurer of the United States" after "drawn upon

the" because of the source provisions restated in section 321 of

the revised title and Department of the Treasury Order 229 of

January 14, 1974 (39 F.R. 2280). In clause (B), the words "public .

. . of the United States, including any obligation of any type

whatever, the payment of which is" are omitted as surplus.

In subsection (a)(2), the words "of the United States" are

omitted as unnecessary. The words "of the Treasury or the

depositary" are substituted for "Treasurer's" because of the

restatement.

In subsection (b), the words "another individual" are substituted

for "any person, other than the Treasurer of the United States" to

eliminate unnecessary words. The words "now existing or which may

hereafter exist" are omitted as unnecessary.

-End-

-CITE-

31 USC Sec. 3334 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3334. Cancellation and proceeds distribution of Treasury

checks

-STATUTE-

(a) In General. - (1) The Secretary shall provide monthly to each

agency that authorizes the issuance of Treasury checks a list of

those checks issued for such agency on or after such effective date

that have not been paid and have become more than 12 months old

during the preceding month, beginning with the fourteenth month

following the effective date of this section.

(2) Such checks shall be canceled by the Secretary and the

proceeds thereof shall be returned to the agency concerned and

credited to the appropriation or fund account initially charged for

the payment.

(b) Checks Issued Before Effective Date. - (1) Not later than 18

months after the effective date of this section, the Secretary

shall identify and cancel all Treasury checks issued before such

effective date that have not been paid in accordance with section

3328 of this title.

(2) The proceeds from checks canceled pursuant to paragraph (1)

shall be applied to eliminate the balances in accounts that

represent uncollectible accounts receivable and other costs

associated with the payment of checks and check claims by the

Department of the Treasury on behalf of all payment certifying

agencies. Any remaining proceeds shall be deposited to the

miscellaneous receipts of the Treasury.

(c) No Effect on Underlying Obligation. - Nothing in this section

shall be construed to affect the underlying obligation of the

United States, or any agency thereof, for which a Treasury check

was issued.

-SOURCE-

(Added Pub. L. 100-86, title X, Sec. 1003, Aug. 10, 1987, 101 Stat.

658.)

-REFTEXT-

REFERENCES IN TEXT

Such effective date, and the effective date of this section,

referred to in subsecs. (a)(1) and (b)(1), is 6 months after Aug.

10, 1987, or on such later date as the Secretary of the Treasury

may prescribe in regulations. See Effective Date note below.

-MISC1-

EFFECTIVE DATE

Section effective 6 months after Aug. 10, 1987, or on such later

date as the Secretary of the Treasury may prescribe in regulations,

see section 1006 of Pub. L. 100-86, set out as an Effective Date of

1987 Amendment note under section 3328 of this title.

REGULATIONS

For provision permitting Secretary of the Treasury to prescribe

rules, regulations, and procedures as necessary to implement this

section, including recertification of Treasury checks which have

been canceled or for which a claim has been asserted or barred, see

section 1005 of Pub. L. 100-86, set out as a note under section

3328 of this title.

-End-

-CITE-

31 USC Sec. 3335 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3335. Timely disbursement of Federal funds

-STATUTE-

(a) Each head of an executive agency (other than the Tennessee

Valley Authority) shall, under such regulations as the Secretary of

the Treasury shall prescribe, provide for the timely disbursement

of Federal funds through cash, checks, electronic funds transfer,

or any other means identified by the Secretary.

(b) The Secretary may collect from any executive agency which

does not comply with subsection (a) a charge in an amount the

Secretary determines to be the cost to the general fund of the

Treasury caused by such noncompliance.

(c) The amounts of charges collected from an executive agency

under this section shall be deposited in the Treasury and credited

as miscellaneous receipts.

(d) Any charge assessed by the Secretary under this section, to

the maximum extent practicable -

(1) shall be paid out of appropriations available for executive

agency operations; and

(2) shall not be paid from amounts available for funding

programs of an executive agency.

-SOURCE-

(Added Pub. L. 101-453, Sec. 4(a), Oct. 24, 1990, 104 Stat. 1058.)

-MISC1-

REGULATIONS

Section 4(c) of Pub. L. 101-453, as amended by Pub. L. 102-589,

Sec. 2(1), Nov. 10, 1992, 106 Stat. 5133, provided that: "The

Secretary of the Treasury shall prescribe regulations under section

3335 of title 31, United States Code, as added by subsection (a),

to ensure the full implementation of that section."

-End-

-CITE-

31 USC Sec. 3336 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER II - PAYMENTS

-HEAD-

Sec. 3336. Electronic benefit transfer pilot

-STATUTE-

(a) The Congress finds that:

(1) Electronic benefit transfer (EBT) is a safe, reliable, and

economical way to provide benefit payments to individuals who do

not have an account at a financial institution.

(2) The designation of financial institutions as financial

agents of the Federal Government for EBT is an appropriate and

reasonable use of the Secretary's authority to designate

financial agents.

(3) A joint federal-state (!1) EBT system offers convenience

and economies of scale for those states (!1) (and their citizens)

that wish to deliver (!1) state-administered benefits on a single

card by entering into a partnership with the federal (!1)

government.(!1)

(4) The Secretary's designation of a financial agent to deliver

EBT is a specialized service not available through ordinary

business channels and may be offered to the states (!1) pursuant

to section 6501 et seq. of this title.

(b) The Secretary shall continue to carry out the existing EBT

pilot to disburse benefit payments electronically to recipients who

do not have an account at a financial institution, which shall

include the designation of one or more financial institution (!2)

as a financial agent of the Government, and the offering to the

participating states (!1) of the opportunity to contract with the

financial agent selected by the Secretary, as described in the

Invitation for Expressions of Interest to Acquire EBT Services for

the Southern Alliance of States dated March 9, 1995, as amended as

of June 30, 1995, July 7, 1995, and August 1, 1995.

(c) The selection and designation of financial agents, the design

of the pilot program, and any other matter associated with or

related to the EBT pilot described in subsection (b) shall not be

subject to judicial review.

-SOURCE-

(Added Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI,

Sec. 664], Sept. 30, 1996, 110 Stat. 3009-314, 3009-385.)

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

(!2) So in original. Probably should be "institutions".

-End-

-CITE-

31 USC SUBCHAPTER III - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS

-End-

-CITE-

31 USC Sec. 3341 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 3341. Sale of Government warrants, checks, drafts, and

obligations

-STATUTE-

(a) A disbursing official of the United States Government may

sell a Government warrant, check, draft, or obligation not the

property of the official at a premium, or dispose of the proceeds

of the warrant, check, draft, or obligation, only if the official

deposits the premium and the proceeds in the Treasury or with a

depositary for the credit of the Government.

(b) A disbursing official violating subsection (a) of this

section shall be dismissed immediately.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 956.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3341(a) 31:544(words before R.S. Sec. 3652.

last semicolon).

3341(b) 31:544(words after

last semicolon).

--------------------------------------------------------------------

In subsection (a), the words "disbursing official" are

substituted for "officer" for clarity and consistency in the

revised title. The words "either directly or indirectly" and "or

dispose of to any person" are omitted as surplus. The words

"Government warrant, check, draft, or obligation" are substituted

for "Treasury note, draft, warrant, or other public security" for

consistency in the revised title. The words "or sell . . . avails

or . . . in his hands for disbursement" are omitted as surplus. The

words "only if the official deposits the premium and the proceeds

in the Treasury or with a depositary" are substituted for "without

making return of such premium, and accounting therefor by charging

the same in his account" for clarity and consistency in the

chapter.

In subsection (b), the words "from office" are omitted as

unnecessary.

-End-

-CITE-

31 USC Sec. 3342 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 3342. Check cashing and exchange transactions

-STATUTE-

(a) A disbursing official of the United States Government may -

(1) cash and negotiate negotiable instruments payable in United

States currency or currency of a foreign country;

(2) exchange United States currency, coins, and negotiable

instruments and currency, coins, and negotiable instruments of

foreign countries; and

(3) cash checks drawn on the Treasury to accommodate United

States citizens in a foreign country, but only if -

(A) satisfactory banking facilities are not available in the

foreign country; and

(B) a check is presented by the payee who is a United States

citizen.

(b) A disbursing official may act under subsection (a)(1) and (2)

of this section only for -

(1) an official purpose;

(2) personnel of the Government;

(3) a dependent of personnel of the Government, but only -

(A) at a United States installation at which adequate banking

facilities are not available; and

(B) in the case of negotiation of negotiable instruments, if

the dependent's sponsor authorizes, in writing, the

presentation of negotiable instruments to the disbursing

official for negotiation;

(4) a veteran hospitalized or living in an institution operated

by an agency;

(5) a contractor, or personnel of a contractor, carrying out a

Government project;

(6) personnel of an authorized agency not part of the

Government that operates with an agency of the Government; or

(7) a Federal credit union (as defined in section 101(1) of the

Federal Credit Union Act (12 U.S.C. 1752(1)) (!1) that at the

request of the Secretary of Defense is operating on a United

States military installation in a foreign country, but only if

that country does not permit contractor-operated military banking

facilities to operate on such installations.

(c)(1) An amount held by the disbursing official that is

available for expenditure may be used to carry out subsection (a)

of this section with the approval of the head of the agency having

jurisdiction over the amount.

(2) The head of an agency having jurisdiction over a disbursing

official may offset, within the same fiscal year, a deficiency

resulting from a transaction under subsection (a) of this section

with a gain from a transaction under subsection (a). A gain in the

account of a disbursing official not used to offset deficiencies

under subsection (a) shall be deposited in the Treasury as

miscellaneous receipts.

(3) The amount of any deficiency resulting from cashing a check

for a dependent under subsection (b)(3), including any charges

assessed against the disbursing official by a financial institution

for insufficient funds to pay the check, may be offset from the pay

of the dependent's sponsor.

(4) Amounts necessary to adjust for deficiencies in the account

of a disbursing official because of transactions under subsection

(a) of this section are authorized to be appropriated.

(d) The Secretary of the Treasury and, with the approval of the

Secretary, the head of an agency having jurisdiction over a

disbursing official, may issue regulations to carry out this

section. However, under conditions the Secretary decides are

necessary, the Secretary may delegate to the head of an agency the

authority to issue regulations applying to a disbursing official

that is an officer or employee of the agency.

(e) Regulations prescribed under subsection (d) shall include

regulations that define the terms "dependent" and "sponsor" for the

purposes of this section. In the regulations, the term "dependent",

with respect to a member of a uniformed service, shall have the

meaning given that term in section 401 of title 37.

(f) With respect to automated teller machines on naval vessels,

the authority of a disbursing official of the United States

Government under subsection (a) also includes the following:

(1) The authority to provide operating funds to the automated

teller machines.

(2) The authority to accept, for safekeeping, deposits and

transfers of funds made through the automated teller machines.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 957; Pub. L. 104-106,

div. A, title X, Sec. 1090, Feb. 10, 1996, 110 Stat. 459; Pub. L.

104-201, div. A, title X, Sec. 1011, Sept. 23, 1996, 110 Stat.

2635; Pub. L. 106-65, div. A, title III, Sec. 372, Oct. 5, 1999,

113 Stat. 580.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3342(a) 31:492a(less 1st Dec. 23, 1944, ch. 716, Secs.

sentence words 1-3, 58 Stat. 921; restated

between 2d-7th June 16, 1953, ch. 115, 67

commas, last Stat. 61.

sentence).

3342(b) 31:492a(1st

sentence words

between 2d-7th

commas).

3342(c)( 31:492a(last

1) sentence).

3342(c)( 31:492b.

2), (3)

3342(d) 31:492c.

--------------------------------------------------------------------

In the section, the words "disbursing official" are substituted

for "disbursing officers" for clarity and consistency in the

revised title.

In subsection (a), the words "negotiable instruments" are

substituted for "checks, drafts, bills of exchange, and other

instruments" for clarity and consistency. Before clause (1), the

words "Subject to regulations promulgated pursuant to sections

492a-492c of this title" are omitted as unnecessary. In clause (3),

before subclause (A), the words "disbursing officers in foreign

countries are also authorized . . . to" are omitted because of the

restatement. The word "Treasury" is substituted for "Treasurer of

the United States" because of the source provisions restated in

section 321 of the revised title and Department of the Treasury

Order 229 of January 14, 1974 (39 F.R. 2280). The words "person who

is" are omitted as surplus. In subclause (B), the word "payee" is

substituted for "person to whose order they are drawn" to eliminate

unnecessary words. The words "who is a United States citizen" are

added for clarity.

Subsection (b), before clause (1), is added because of the

restatement. In clause (2), the words "the accommodation of" are

omitted as surplus. The word "personnel" is substituted for

"members of the Armed Forces and civilian personnel" to eliminate

unnecessary words and for consistency in the revised title and with

other titles of the United States Code. In clause (3), the words

"of the Armed Forces of the United States . . . institutions

operated by the Veterans' Administration and other" are omitted as

surplus.

In subsection (c)(2), the words "For the purposes of this

section" are omitted because of the restatement. The words "in the

accounts of such disbursing officers" are omitted as unnecessary.

The words "resulting from a transaction under subsection (a) of

this section" are added for clarity. The words "not used to offset

deficiencies from transactions under subsection (a)" are

substituted for "resulting from operations permitted by sections

492a to 492c of this title" for clarity and consistency.

Subsection (c)(3) is substituted for 31:492b(2d sentence) to

eliminate unnecessary words and for consistency in the revised

title and with other titles of the Code.

In subsection (d), the words "rules and . . . governing the

disbursing officers under their respective jurisdictions, as may be

deemed necessary or proper . . . the purposes of" are omitted as

surplus. The words "under conditions the Secretary decides are

necessary" are substituted for "subject to such terms and

conditions as he may prescribe" for clarity and consistency. The

words "and exercise the function of disbursement pursuant to a

delegation by the Secretary of the Treasury" are omitted as

unnecessary.

AMENDMENTS

1999 - Subsec. (f). Pub. L. 106-65 added subsec. (f).

1996 - Subsec. (b)(3). Pub. L. 104-201, Sec. 1011(1), substituted

a semicolon for the period at end.

Pub. L. 104-106, Sec. 1090(a)(2), added par. (3). Former par. (3)

redesignated (4).

Subsec. (b)(4) to (6). Pub. L. 104-106, Sec. 1090(a)(1),

redesignated pars. (3) to (5) as (4) to (6), respectively.

Subsec. (b)(7). Pub. L. 104-201, Sec. 1011(2)-(4), added par.

(7).

Subsec. (c)(3), (4). Pub. L. 104-106, Sec. 1090(b), added par.

(3) and redesignated former par. (3) as (4).

Subsec. (e). Pub. L. 104-106, Sec. 1090(c), added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 2504.

-FOOTNOTE-

(!1) So in original. There probably should be an additional closing

parenthesis.

-End-

-CITE-

31 USC Sec. 3343 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE III - FINANCIAL MANAGEMENT

CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 3343. Check forgery insurance fund

-STATUTE-

(a) The Department of the Treasury has a special deposit

revolving fund, the "Check Forgery Insurance Fund". Necessary

amounts are hereafter appropriated to the Fund out of any moneys in

the Treasury not otherwise appropriated, and shall remain available

until expended to make the payments required or authorized under

this section. The Fund consists of amounts -

(1) appropriated to the Fund; and

(2) received under subsection (d) of this section.

(b) The Secretary of the Treasury shall pay from the Fund to a

payee or special endorsee of a check drawn on the Treasury or a

depositary designated by the Secretary the amount of the check

without interest if in the determination of the Secretary the payee

or special endorse (!1) establishes that -

(1) the check was lost or stolen without the fault of the payee

or a holder that is a special endorsee and whose endorsement is

necessary for further negotiation;

(2) the check was negotiated later and paid by the Secretary or

a depositary on a forged endorsement of the payee's or special

endorsee's name; and

(3) the payee or special endorsee has not participated in any

part of the proceeds of the negotiation or payment.

(c) Notwithstanding section 1306 of this title, a check drawn on

a designated depositary may be paid in the currency of a foreign

country when the appropriate accountable official authorizes

payment in that currency.

(d) The Secretary shall deposit immediately to the credit of the

Fund an amount recovered from a forger or a transferee or party on

the check. The Secretary may use amounts in the Fund to reimburse

payment certifying or authorizing agencies for any payment that the

Secretary determines would otherwise have been payable from the

Fund, and may reimburse certifying or authorizing agencies with

amounts recovered because of payee nonentitlement. However,

currency of a foreign country recovered because of a forged check

drawn on a designated depositary shall be credited to the Fund or

to the foreign currency fund that was charged when payment was made

under subsection (b) of this section to the payee or special

endorsee.

(e) The Secretary may waive any provision of this section as may

be necessary to ensure that claimants receive timely payments.

(f) Under such conditions as the Secretary may prescribe, the

Secretary may delegate duties and powers of the Secretary under

this section to the head of an agency. Consistent with a delegation

from the Secretary under this subsection, the head of an agency may

redelegate those duties and powers to officers or employees of the

agency.

(g) This section does not relieve -

(1) a forger from civil or criminal liability; or

(2) a transferee or party on a check after the forgery from

liability -

(A) on the express or implied warranty of prior endorsements

of the transferee or party; or

(B) to refund amounts to the Secretary.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 957; Pub. L. 104-134,

title III, Sec. 31001(x)(3), Apr. 26, 1996, 110 Stat. 1321-377.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

3343(a) 31:561. Nov. 21, 1941, ch. 489, Secs.

1-3, 55 Stat. 777.

3343(b) 31:562.

31:563a(1st Nov. 21, 1941, ch. 489, 55

sentence). Stat. 777, Sec. 4; added Dec.

22, 1974, Pub. L. 93-539, Sec.

1(b), 88 Stat. 1738.

3343(c) 31:563a(2d

sentence).

3343(d) 31:563(words after

3d comma).

31:563a(last

sentence).

3343(e) 31:563(words before

3d comma).

--------------------------------------------------------------------

Subsection (a) is substituted for 31:561 for clarity and

consistency in the revised title and with other titles of the

United States Code and to eliminate unnecessary words.

In subsection (b), the text of 31:563a(1st sentence) is omitted

because of section 321 of the revised title. Before clause (1), the

word "Secretary" is substituted for "Treasurer of the United

States" before "is authorized and directed" in 31:562 because of

the source provisions restated in section 321(c) of the revised

title. The words "prior to reclamation" and "heretofore or

hereafter" are omitted as unnecessary. The words "Treasury or a

depositary designated by the Secretary" are substituted for

"Treasurer of the United States" before "has been lost or stolen"

because of the source provisions restated in section 321 of the

revised title and Department of the Treasury Order 229 of January

14, 1974 (39 F.R. 2280) and for consistency in the revised title.

The words "it is established" are omitted as unnecessary. In clause

(2), the words "Secretary or a depositary" are substituted for

"Treasurer" for consistency. In clause (3), the words "either

directly or indirectly" are omitted as surplus.

In subsection (c), the words "drawn on a designated depositary"

are added because of the restatement.

In subsection (d), the words "The Secretary shall deposit

immediately to the credit of the Fund amounts recovered from a

forger" are substituted for 31:563(words after 3d comma) to

eliminate unnecessary words. The words "The liability and

restoration provisions of section 563 of this title shall apply

with respect to checks drawn on designated depositaries" in

31:563a(last sentence) are omitted as unnecessary because of the

restatement. The words "because of a forged check drawn on a

designated depositary" are added for clarity. The words "credited

to" are substituted for "used, as required, to reimburse" for

clarity and to eliminate unnecessary words. The word "payment" is

substituted for "settlement" for consistency. The words "under

subsection (b) of this section" are added for clarity.

In subsection (e), the word "Secretary" is substituted for

"Treasurer of the United States" because of the source provisions

restated in section 321(c) of the revised title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-134, Sec. 31001(x)(3)(A), amended

second sentence generally. Prior to amendment, second sentence read

as follows: "Amounts may be appropriated to the Fund."

Subsec. (b). Pub. L. 104-134, Sec. 31001(x)(3)(B)(i), inserted

"in the determination of the Secretary the payee or special endorse

establishes that" after "without interest if" in introductory

provisions.

Subsec. (b)(2) to (4). Pub. L. 104-134, Sec.

31001(x)(3)(B)(ii)-(iv), inserted "and" at end of par. (2),

substituted period for "; and" at end of par. (3), and struck out

par. (4) which read as follows: "recovery from the forger, a

transferee, or a party on the check after the forgery has been or

may be delayed or unsuccessful."

Subsec. (d). Pub. L. 104-134, Sec. 31001(x)(3)(C), inserted after

first sentence "The Secretary may use amounts in the Fund to

reimburse payment certifying or authorizing agencies for any

payment that the Secretary determines would otherwise have been

payable from the Fund, and may reimburse certifying or authorizing

agencies with amounts recovered because of payee nonentitlement."

Subsecs. (e) to (g). Pub. L. 104-134, Sec. 31001(x)(3)(D), (E),

added subsecs. (e) and (f) and redesignated former subsec. (e) as

(g).

-FOOTNOTE-

(!1) So in original. Probably should be "endorsee".

-End-