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31 U.S.C. § 3322 — Disbursing officials

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3322 — Disbursing officials

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3720a&num=0&edition=prelim) and subsection (b) of this section, a disbursing official shall— (1) deposit public money as required by [section 3302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3726/a&num=0&edition=prelim) 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

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Source file: Laws/federal/codes/united-states-code/title-31/section-3322-disbursing-officials--c5fd0ee29c.md
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Source location: Title 31, Chapter 33, § 3322; chapter-033-depositing-keeping-and-paying-money.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3718 — Contracts for collection services

**(a)** Under conditions the head of an executive, judicial, or legislative agency considers appropriate, the head of the agency may enter into a contract with a person for collection service to recover indebtedness owed, or to locate or recover assets of, the United States Government. The head of an agency may not enter into a contract under the preceding sentence to locate or recover assets of the United States held by a State government or financial institution unless that agency has established procedures approved by the Secretary of the Treasury to identify and recover such assets. The contract shall provide that— (1) the head of the agency retains the authority to resolve a dispute, compromise a claim, end collection action, and refer a matter to the Attorney General to bring a civil action; and (2) the person is subject to— (A) [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), to the extent provided in section 552a(m); and (B) laws and regulations of the United States Government and State governments related to debt collection practices. **(b)** (1) (A) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in the case of any claim of indebtedness owed the United States. Each such contract shall include such terms and conditions as the Attorney General considers necessary and appropriate, including a provision specifying the amount of the fee to be paid to the private counsel under such contract or the method for calculating that fee. The amount of the fee payable for legal services furnished under any such contract may not exceed the fee that counsel enga

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 490 — Minor coins

Whoever falsely makes, forges, or counterfeits any coin in the resemblance or similitude of any of the one-cent and 5-cent coins minted at the mints of the United States; or

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 7701 — Taxpayer identifying number

**(a)** In this section— (1) “included Federal loan program” has the same meaning given that term in section 6103(l)(3)(C) of the Internal Revenue Code of 1986 ([26 U.S.C. 6103](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6103&num=0&edition=prelim)(l)(3)(C)). (2) “taxpayer identifying number” means the identifying number required under section 6109 of the Internal Revenue Code of 1986 ([26 U.S.C. 6109](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6109&num=0&edition=prelim)). **(b)** The head of an agency administering an included Federal loan program shall require a person applying for a loan under the program to provide that person’s taxpayer identifying number. **(c)** (1) The head of each Federal agency shall require each person doing business with that agency to furnish to that agency such person’s taxpayer identifying number. (2) For purposes of this subsection, a person shall be considered to be doing business with a Federal agency if the person is— (A) a lender or servicer in a Federal guaranteed or insured loan program administered by the agency; (B) an applicant for, or recipient of, a Federal license, permit, right-of-way, grant, or benefit payment administered by the agency or insurance administered by the agency; (C) a contractor of the agency; (D) assessed a fine, fee, royalty or penalty by the agency; and (E) in a relationship with the agency that may give rise to a receivable due to that agency, such as a partner of a borrower in or a guarantor of a Federal direct or insured loan administered by the agency. (3) Each agency shall disclose to a person required to furnish a taxpayer identifying number under this subsection its intent to use such number for purposes of collec

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5514 — Installment deduction for indebtedness to the United States

**(a)** (1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual. The deductions may be made from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. The amount deducted for any period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from subsequent payments of any nature due the individual from the agency concerned. All Federal agencies to which debts are owed and which have outstanding delinquent debts shall participate in a computer match at least annually of their delinquent debt records with records of Federal employees to identify those employees who are delinquent in repayment of those debts. The preceding sentence shall not apply to any debt under the Internal Revenue Code of 1986. Matched Federal employee records shall include, but shall not be limited to, records of active Civil Service employees government-wide, military active duty personnel, military reservists, United States Postal Service e

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3302 — Custodians of money

**(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) 11 See References in Text note below. 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 w

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2461 — Mode of recovery

**(a)** Whenever a civil fine, penalty or pecuniary forfeiture is prescribed for the violation of an Act of Congress without specifying the mode of recovery or enforcement thereof, it may be recovered in a civil action. **(b)** Unless otherwise provided by Act of Congress, whenever a forfeiture of property is prescribed as a penalty for violation of an Act of Congress and the seizure takes place on the high seas or on navigable waters within the admiralty and maritime jurisdiction of the United States, such forfeiture may be enforced by libel in admiralty but in cases of seizures on land the forfeiture may be enforced by a proceeding by libel which shall conform as near as may be to proceedings in admiralty. **(c)** If a person is charged in a criminal case with a violation of an Act of Congress for which the civil or criminal forfeiture of property is authorized, the Government may include notice of the forfeiture in the indictment or information pursuant to the Federal Rules of Criminal Procedure. If the defendant is convicted of the offense giving rise to the forfeiture, the court shall order the forfeiture of the property as part of the sentence in the criminal case pursuant to to 11 So in original. the Federal Rules of Criminal Procedure and [section 3554 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3554&num=0&edition=prelim), United States Code. The procedures in section 413 of the Controlled Substances Act ([21 U.S.C. 853](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim)) apply to all stages of a criminal forfeiture proceeding, except that subsection (d) of such section applies only in cases in which the defendant is convicted of a violation of such Act.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3528 — Responsibilities and relief from liability of certifying officials

**(a)** A certifying official certifying a voucher is responsible for— (1) information stated in the certificate, voucher, and supporting records; (2) the computation of a certified voucher under this section and [section 3325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3325&num=0&edition=prelim); (3) the legality of a proposed payment under the appropriation or fund involved; (4) repaying a payment— (A) illegal, improper, or incorrect because of an inaccurate or misleading certificate; (B) prohibited by law; or (C) that does not represent a legal obligation under the appropriation or fund involved; and (5) verifying transportation rates, freight classifications, and other information provided on a Government bill of lading or transportation request, unless the Administrator of General Services has determined that verification by a prepayment audit conducted pursuant to [section 3726(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3726/a&num=0&edition=prelim) for a particular mode or modes of transportation, or for an agency or subagency, will not adequately protect the interests of the Government. **(b)** (1) The Comptroller General may relieve a certifying official from liability when the Comptroller General decides that— (A) the certification was based on official records and the official did not know, and by reasonable diligence and inquiry could not have discovered, the correct information; or (B) (i) the obligation was incurred in good faith; (ii) no law specifically prohibited the payment; and (iii) the United States Government received value for payment. (2) The Comptroller General may deny relief when the Comptroller General decides

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3726 — Payment for transportation

**(a)** (1) Each agency that receives a bill from a carrier or freight forwarder for transporting an individual or property for the United States Government shall verify its correctness (to include transportation rates, freight classifications, or proper combinations thereof), using prepayment audit, prior to payment in accordance with the requirements of this section and regulations prescribed by the Administrator of General Services. (2) The Administrator of General Services may exempt bills, a particular mode or modes of transportation, or an agency or subagency from a prepayment audit and verification and in lieu thereof require a postpayment audit, based on cost effectiveness, public interest, or other factors the Administrator considers appropriate. (3) Expenses for prepayment audits shall be funded by the agency’s appropriations used for the transportation services. (4) The audit authority provided to agencies by this section is subject to oversight by the Administrator. **(b)** The Administrator may conduct pre- or post-payment audits of transportation bills of any Federal agency. The number and types of bills audited shall be based on the Administrator’s judgment. **(c)** (1) The Administrator shall adjudicate transportation claims which cannot be resolved by the agency procuring the transportation services, or the carrier or freight-forwarder presenting the bill. (2) A claim under this section shall be allowed only if it is received by the Administrator not later than 3 years (excluding time of war) after the later of the following dates: (A) The date of accrual of the claim. (B) The date payment for the transportation is made. (C) The date a refund for an overpayment for the transportation is made. (D) The date a deduction under subsection

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5701 — Definitions

Except as otherwise provided in section 5707(d),11 See References in Text note below. for the purpose of this subchapter— (1) “agency” means— (A) an Executive agency; (B) a military department; (C) an office, agency, or other establishment in the legislative branch; (D) an office, agency, or other establishment in the judicial branch; and (E) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) a Member of Congress; or (iii) an office or committee of either House of Congress or of the two Houses; (2) “employee” means an individual employed in or under an agency including an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year; (3) “subsistence” means lodging, meals, and other necessary expenses for the personal sustenance and comfort of the traveler; (4) “per diem allowance” means a daily payment instead of actual expenses for subsistence and fees or tips to porters and stewards; (5) “Government” means the Government of the United States and the government of the District of Columbia; and (6) “continental United States” means the several States and the District of Columbia, but does not include Alaska or Hawaii.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3322 — Disbursing officials

Page 239 TITLE 31—MONEY AND FINANCE § 3322 (c) OMB and GSA shall assist the FTC in enhancing the functionality of IdentityTheft.gov, including by co- ordinating with the credit bureaus to streamline the reporting and remediation process with credit bureaus’ systems to the extent feasible, and in making the en- hanced site available to the public by May 15, 2015. SEC. 3. Securing Federal Transactions Online. To help ensure that sensitive data are shared only with the ap- propriate person or people, within 90 days of the date of this order, the National Security Council staff, the Of- fice of Science and Technology Policy, and OMB shall present to the President a plan, consistent with the guidance set forth in the 2011 National Strategy for Trusted Identities in Cyberspace, to ensure that all agencies making personal data accessible to citizens through digital applications require the use of multiple factors of authentication and an effective identity proofing process, as appropriate. Within 18 months of the date of this order, relevant agencies shall complete any required implementation steps set forth in the plan prepared pursuant to this section. SEC. 4. General Provisions. (a) This order shall be im- plemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its

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