Legislación
US (United States) Code. Title 31. Subtitle III: Financial managment. Chapter 33: Depositing, keeping
-CITE-
31 USC CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY 01/06/03
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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-
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31 USC SUBCHAPTER I - DEPOSITS AND DEPOSITARIES 01/06/03
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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-
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31 USC Sec. 3301 01/06/03
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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.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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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).
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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'."
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31 USC Sec. 3302 01/06/03
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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
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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.
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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
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3302(b) 31 App.:484. Oct. 25, 1982, Pub. L. 97-365,
Sec. 13(a), 96 Stat. 1757.
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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-
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31 USC Sec. 3303 01/06/03
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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
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3303(a) (no source).
3303(b) 31:473. June 19, 1922, ch. 228, 42
Stat. 662.
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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-
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31 USC Sec. 3304 01/06/03
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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.
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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-
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31 USC Sec. 3305 01/06/03
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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.
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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-
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31 USC SUBCHAPTER II - PAYMENTS 01/06/03
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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-
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