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 departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 3322. Disbursing officials (a) The Secretary of the Treasury shall trans- fer public money to a disbursing official only by draft or warrant written on the Treasury. Ex- cept as provided in section 3716 and section 3720A of this title and subsection (b) of this sec- tion, a disbursing official shall— (1) deposit public money as required by sec- tion 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 Sec- retary, 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 regula- tions the Secretary decides are the safest and most effective in making a payment to a pub- lic creditor easier. (c) A disbursing official is not liable for an overpayment provided under a United States Government bill of lading or transportation re- quest 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 sec- tion 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. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 950; Pub. L. 98–216, § 1(3), Feb. 14, 1984, 98 Stat. 3; Pub. L. 104–134, title III, § 31001(g)(1)(A), Apr. 26, 1996, 110 Stat. 1321–363; Pub. L. 105–264, § 3(a)(1), Oct. 19, 1998, 112 Stat. 2352.) HISTORICAL AND REVISION NOTES 1982 ACT Revised Section Source (U.S. Code) Source (Statutes at Large) 3322(a) ..... 31:492(a). R.S. § 3620(a); Feb. 27, 1877, ch. 69(7th complete par. on p. 249), 19 Stat. 249; Aug. 28, 1965, Pub. L. 89–145, § 1(1), 79 Stat. 582. 3322(b) ..... 31:82g(related to disbursing offi- cers). June 1, 1942, ch. 320(related to disbursing officers), 56 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 ‘‘Sec- retary 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 sec- tion 3620(a) of the Revised Statutes are omitted as ob- solete 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 sur- plus. The text of 31:492(a)(last sentence) is omitted be- cause 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 sen- tence) of the Revised Statutes inadvertently was omit- ted 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 ‘‘how- ever’’ 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. Editorial Notes 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 sub- agency, 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 sub- section (b) of this section, a’’ for ‘‘A’’ in second sen- tence. Subsecs. (b), (c). Pub. L. 98–216 added subsec. (b) and redesignated former subsec. (b) as (c). Page 240 TITLE 31—MONEY AND FINANCE § 3323 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–264, § 3(b), Oct. 19, 1998, 112 Stat. 2354, pro- vided 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 Pub. L. 104–134, title III, § 31001(a)(2)(A), Apr. 26, 1996, 110 Stat. 1321–358, 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, In- ternal 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 enact- ment 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. § 3323. Warrants (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 Gen- eral. (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. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 950.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3323(a) ..... 31:44(1st sentence). June 10, 1921, ch. 18, § 304(1st par. 1st sentence), 42 Stat. 24. 31:76(2d sentence words before 3d comma). July 31, 1894, ch. 174, § 11(2d, 3d sentences), 28 Stat. 209. 31:147(related to dis- bursement). R.S. § 305(related to disburse- ment); July 31, 1894, ch. 174, § 11(last sentence related to § 305), 28 Stat. 209. 3323(b) ..... 31:76(2d sentence words after 3d comma). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 3323(c) ..... 31:76(3d sentence). 3323(d) ..... 31:44(1st sentence). 31:77. R.S. § 3675. In the section, the words ‘‘Comptroller General’’ are substituted for ‘‘General Accounting Office’’ for con- sistency. Subsection (a) is substituted for 31:76(2d sentence words before 3d comma) and 147(related to disburse- ment) to eliminate unnecessary words and for clarity and consistency. In subsection (b), the word ‘‘Secretary’’ is substituted for ‘‘Treasurer’’ because of the source provisions re- stated in section 321 of the revised title. In subsection (b)(1), the words ‘‘instead of being speci- fied on the warrant’’ are omitted as surplus. The ref- erence 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 re- stated in section 3526. In subsection (c), the word ‘‘depositing’’ is sub- stituted for ‘‘covering’’ for clarity and consistency. § 3324. Advances (a) Except as provided in this section, a pay- ment under a contract to provide a service or deliver an article for the United States Govern- ment 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 sec- tion 3522 of this title. The Comptroller General does not countersign a requisition for an ad- vance. (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 car- riers; (B) leasing facilities for sending messages; and (C) installing and maintaining facilities for sending messages; and (2) charges for a publication printed or re- corded in any way for the auditory or visual use of the agency. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 950.)