Browse Arkansas Code titles and sections
31 U.S.C. § 3321 — Disbursing authority in the executive
Federal law — U.S. Code and appendices · legal_authorities
Page 236
TITLE 31—MONEY AND FINANCE
§ 3321
1 So in original. The period probably should not appear.
special agents, as occasion may require’’ for clarity and
consistency. The words ‘‘may audit a depositary of pub-
lic 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 elimi-
nate 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are omitted as superseded by 5:3109 and ch. 57.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.
SUBCHAPTER II—PAYMENTS
§ 3321. Disbursing authority in the executive
branch
(a) Except as provided in this section or an-
other law, only officers and employees of the De-
partment of the Treasury designated by the Sec-
retary of the Treasury as disbursing officials
may disburse public money available for expend-
iture 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 execu-
tive 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 Homeland Security.1
(with respect to public money available for ex-
penditure 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 re-
ferred to in subsection (c) of this section
Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 3321
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 34490a47e590b7a4b9d85269d8a6618178fee3b3b811fd173506b0785be9fc91. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-c0f615c342f90f352c800e17
Source file: Laws/federal/codes/united-states-code-2024/title-31/section-3321-disbursing-authority-in-the-executive--eebfd3eb70.md
Pages: Not recorded – Not recorded
Passage SHA-256: daea331a00ea75409aadc5d9af471adda631c79559e05e04bcf52cb85c52dd22
Source location: USCODE-2024-title31-subtitleIII-chap33-subchapII-sec3321.pdf
Stored source content
Page 236
TITLE 31—MONEY AND FINANCE
§ 3321
1 So in original. The period probably should not appear.
special agents, as occasion may require’’ for clarity and
consistency. The words ‘‘may audit a depositary of pub-
lic 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 elimi-
nate 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.
SUBCHAPTER II—PAYMENTS
§ 3321. Disbursing authority in the executive
branch
(a) Except as provided in this section or an-
other law, only officers and employees of the De-
partment of the Treasury designated by the Sec-
retary of the Treasury as disbursing officials
may disburse public money available for expend-
iture 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 execu-
tive 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 Homeland Security.1
(with respect to public money available for ex-
penditure 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 re-
ferred to in subsection (c) of this section, facili-
ties of the agency may be used to assist in dis-
bursing public money available for expenditure
by another executive agency.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 949; Pub.
L. 103–355, title III, § 3067, Oct. 13, 1994, 108 Stat.
3337; Pub. L. 104–106, div. A, title IX, § 913(a)(1),
Feb. 10, 1996, 110 Stat. 410; Pub. L. 104–201, div. A,
title X, § 1009(a)(1), Sept. 23, 1996, 110 Stat. 2633;
Pub. L. 109–241, title IX, § 902(b)(1), July 11, 2006,
120 Stat. 566.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3321(a),
(b).
5:901(note).
Exec. Order No. 6166, June 10,
1933, § 4.
3321(c),
(d).
31:492–1.
R.S. § 176; Sept. 6, 1966, Pub. L.
89–554, § 8(a), 80 Stat. 632;
June 6, 1972, Pub. L. 92–310,
§ 231(a), 86 Stat. 209.
5 App.
Reorg. Plan No. 4 of 1940, eff.
June 30, 1940, §§ 3, 4, 54 Stat.
1234.
Exec. Order No. 6728, May 29,
1934.
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 depart-
ments, 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 ref-
erences to the Division of Disbursement and a Chief
Disbursing Officer because of the source provisions re-
stated 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 para-
graph) 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 au-
thority 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 sub-
section (a) and Executive Order 6728. The text of
31:492–1(last sentence) is omitted as superseded by sec-
tion 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 Execu-
tive 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 un-
necessary because of sections 3512 and 3513 of the re-
vised 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 Sav-
ings System and its Board of Trustees were abolished
under section 5 of the Act of March 28, 1942 (ch. 205, 56
Stat. 189).
Editorial Notes
AMENDMENTS
2006—Subsec. (c)(3). Pub. L. 109–241 substituted ‘‘De-
partment of Homeland Security.’’ for ‘‘Department of
Transportation’’.
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 Co-
lumbia).’’
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’’.
Statutory Notes and Related Subsidiaries
SAVING FEDERAL DOLLARS THROUGH BETTER USE OF
GOVERNMENT PURCHASE AND TRAVEL CARDS
Pub. L. 115–91, div. A, title XVIII, Dec. 12, 2017, 131
Stat. 1814, provided that:
‘‘SEC. 1801. SHORT TITLE.
‘‘This title may be cited as the ‘Saving Federal Dol-
lars Through Better Use of Government Purchase and
Travel Cards Act of 2017’.
‘‘SEC. 1802. DEFINITIONS.
‘‘In this title:
‘‘(1) IMPROPER PAYMENT.—The term ‘improper pay-
ment’ has the meaning given the term in [former]
Page 237
TITLE 31—MONEY AND FINANCE
§ 3321
section 2 of the Improper Payments Information Act
of 2002 [Pub. L. 107–300] ([former] 31 U.S.C. 3321 note
[see 33 U.S.C. 3351]).
‘‘(2) QUESTIONABLE TRANSACTION.—The term ‘ques-
tionable transaction’ means a charge card trans-
action that from initial card data appears to be high
risk and may therefore be improper due to non-com-
pliance with applicable law, regulation or policy.
‘‘(3) STRATEGIC
SOURCING.—The term ‘strategic
sourcing’ means analyzing and modifying a Federal
agency’s spending patterns to better leverage its pur-
chasing power, reduce costs, and improve overall per-
formance.
‘‘SEC. 1803. EXPANDED USE OF DATA ANALYTICS.
‘‘(a) STRATEGY.—Not later than 180 days after the
date of the enactment of this Act [Dec. 12, 2017], the Di-
rector of the Office of Management and Budget, in con-
sultation with the Administrator for General Services,
shall develop a strategy to expand the use of data ana-
lytics in managing government purchase and travel
charge card programs. These analytics may employ ex-
isting General Services Administration capabilities,
and may be in conjunction with agencies’ capabilities,
for the purpose of—
‘‘(1) identifying examples or patterns of question-
able transactions and developing enhanced tools and
methods for agency use in—
‘‘(A) identifying questionable purchase and travel
card transactions; and
‘‘(B) recovering improper payments made with
purchase and travel cards;
‘‘(2) identifying potential opportunities for agencies
to further leverage administrative process stream-
lining and cost reduction from purchase and travel
card use, including additional agency opportunities
for card-based strategic sourcing;
‘‘(3) developing a set of purchase and travel card
metrics and benchmarks for high-risk activities,
which shall assist agencies in identifying potential
emphasis areas for their purchase and travel card
management and oversight activities, including those
required by the Government Charge Card Abuse Pre-
vention Act of 2012 (Public Law 112–194) [see Short
Title of 2012 Amendment note set out under section
101 of Title 41, Public Contracts]; and
‘‘(4) developing a plan, which may be based on exist-
ing capabilities, to create a library of analytics tools
and data sources for use by Federal agencies (includ-
ing inspectors general of those agencies).
‘‘SEC. 1804. GUIDANCE ON IMPROVING INFORMA-
TION SHARING TO CURB IMPROPER PAY-
MENTS.
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act [Dec. 12, 2017], the Di-
rector of the Office of Management and Budget, in con-
sultation with the Administrator of General Services
and the interagency charge card data management
group established under section 1805, shall issue guid-
ance on improving information sharing by government
agencies for the purposes of section 1803(a)(1).
‘‘(b) ELEMENTS.—The guidance issued under sub-
section (a) shall—
‘‘(1) require relevant officials at Federal agencies to
identify high-risk activities and communicate that
information to the appropriate management levels
within the agencies;
‘‘(2) require that appropriate officials at Federal
agencies review the reports issued by charge card-
issuing banks on questionable transaction activity
(such as purchase and travel card pre-suspension and
suspension reports, delinquency reports, and excep-
tion reports), including transactions that occur with
high-risk
activities,
and
suspicious
timing
or
amounts of cash withdrawals or advances;
‘‘(3) provide for the appropriate sharing of informa-
tion related to potential questionable transactions,
fraud schemes, and high-risk activities with the Gen-
eral Services Administration and the appropriate of-
ficials in Federal agencies;
‘‘(4) consider the recommendations made by Inspec-
tors General or the best practices Inspectors General
have identified; and
‘‘(5) include other requirements determined appro-
priate by the Director for the purposes of carrying
out this title.
‘‘SEC. 1805. INTERAGENCY CHARGE CARD DATA
MANAGEMENT GROUP.
‘‘(a) ESTABLISHMENT.—The Administrator of General
Services and the Director of the Office of Management
and Budget shall establish a purchase and travel charge
card data management group to develop and share best
practices for the purposes described in section 1803(a).
‘‘(b) ELEMENTS.—The best practices developed under
subsection (a) shall—
‘‘(1) cover rules, edits, and task order or contract
modifications related to charge card-issuing banks;
‘‘(2) include the review of accounts payable infor-
mation and purchase and travel card transaction data
of agencies for the purpose of identifying potential
strategic sourcing and other additional opportunities
(such as recurring payments, utility payments, and
grant payments) for which the charge cards or re-
lated payment products could be used as a payment
method; and
‘‘(3) include other best practices as determined by
the Administrator and Director.
‘‘(c) MEMBERSHIP.—The purchase and travel charge
card data management group shall meet regularly as
determined by the co-chairs, for a duration of three
years, and include those agencies as described in sec-
tion 2 of the Government Charge Card Abuse Preven-
tion Act of 2012 (Public Law 112–194) [enacting section
1909 of Title 41, Public Contracts and provisions set out
as a note under section 1909 of Title 41 and amending
section 2784 of Title 10, Armed Forces] and others iden-
tified by the Administrator and Director.
‘‘SEC. 1806. REPORTING REQUIREMENTS.
‘‘(a) GENERAL SERVICES ADMINISTRATION REPORT.—
Not later than one year after the date of the enactment
of this Act [Dec. 12, 2017], the Administrator for Gen-
eral Services shall submit to the Committee on Home-
land Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Re-
form [now Committee on Oversight and Account-
ability] of the House of Representatives a report on the
implementation of this title, including the metrics
used
in
determining
whether
the
analytic
and
benchmarking efforts have reduced, or contributed to
the reduction of, questionable transactions or improper
payments as well as improved utilization of card-based
payment products.
‘‘(b) AGENCY REPORTS AND CONSOLIDATED REPORT TO
CONGRESS.—Not later than one year after the date of
the enactment of this Act, the head of each Federal
agency described in section 2 of the Government Charge
Card Abuse Prevention Act of 2012 (Public Law 112–194)
shall submit a report to the Director of the Office of
Management and Budget on that agency’s activities to
implement this title.
‘‘(c) OFFICE OF MANAGEMENT AND BUDGET REPORT TO
CONGRESS.—The Director of the Office of Management
and Budget shall submit to the Committee on Home-
land Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Re-
form [now Committee on Oversight and Account-
ability] of the House of Representatives a consolidated
report of agency activities to implement this title,
which may be included as part of another report sub-
mitted by the Director to the Committee on Homeland
Security and Governmental Affairs of the Senate and
the Committee on Oversight and Government Reform
[now Committee on Oversight and Accountability] of
the House of Representatives.
‘‘(d) REPORT
ON
ADDITIONAL
SAVINGS
OPPORTUNI-
TIES.—Not later than one year after the date of the en-
actment of this Act, the Administrator of General
Services shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and
Page 238
TITLE 31—MONEY AND FINANCE
§ 3321
the Committee on Oversight and Government Reform
[now Committee on Oversight and Accountability] of
the House of Representatives a report identifying and
exploring further potential savings opportunities for
government agencies under the Federal charge card
programs. This report may be combined with the report
required under subsection (a).’’
FRAUD REDUCTION AND DATA ANALYTICS
Pub. L. 114–186, June 30, 2016, 130 Stat. 546, known as
the ‘‘Fraud Reduction and Data Analytics Act of 2015’’,
which established financial and administrative controls
relating to fraud and improper payments, including the
establishment of a working group, was repealed by Pub.
L. 116–117, § 3(a)(4), Mar. 2, 2020, 134 Stat. 133.
IMPROPER PAYMENTS ELIMINATION AND RECOVERY
IMPROVEMENT
Pub. L. 112–248, Jan. 10, 2013, 126 Stat. 2390, as amend-
ed by Pub. L. 113–67, div. A, title II, § 204(c), Dec. 26,
2013, 127 Stat. 1181; Pub. L. 114–109, §§ 2–4, Dec. 18, 2015,
129 Stat. 2225–2227; Pub. L. 117–286, § 4(b)(53), Dec. 27,
2022, 136 Stat. 4349, known as the ‘‘Improper Payments
Elimination and Recovery Improvement Act of 2012’’,
which set out to improve identification, prevention,
and recovery of improper payments, including through
the establishment of the Do Not Pay Initiative, was re-
pealed by Pub. L. 116–117, § 3(a)(3), Mar. 2, 2020, 134 Stat.
133.
DETERMINATIONS OF AGENCY READINESS FOR OPINION
ON INTERNAL CONTROL
Pub. L. 111–204, § 2(g), July 22, 2010, 124 Stat. 2228,
which provided for determinations of agency readiness
for opinions on internal control, was repealed by Pub.
L. 116–117, § 3(a)(2), Mar. 2, 2020, 134 Stat. 133.
RECOVERY AUDITS
Pub. L. 111–204, § 2(h), July 22, 2010, 124 Stat. 2228, as
amended by Pub. L. 112–248, § 3(c)(1), Jan. 10, 2013, 126
Stat. 2392, which provided that certain agencies would
conduct recovery audits and set out terms and proce-
dures for the audits, was repealed by Pub. L. 116–117,
§ 3(a)(2), Mar. 2, 2020, 134 Stat. 133.
COMPLIANCE
Pub. L. 111–204, § 3, July 22, 2010, 124 Stat. 2232, as
amended by Pub. L. 112–248, § 3(c)(2), Jan. 10, 2013, 126
Stat. 2392, which provided for compliance procedures
and standards related to the recovery of improper pay-
ments, was repealed by Pub. L. 116–117, § 3(a)(2), Mar. 2,
2020, 134 Stat. 133.
IMPROPER PAYMENTS
Pub. L. 107–300, Nov. 26, 2002, 116 Stat. 2350, as amend-
ed by Pub. L. 111–204, § 2(a)–(f), July 22, 2010, 124 Stat.
2224–2228; Pub. L. 112–248, §§ 3(a), (4), Jan. 10, 2013, 126
Stat. 2390, 2392, known as the ‘‘Improper Payments In-
formation Act of 2002’’, which established greater esti-
mation and oversight of improper payment by Federal
agencies, was repealed by Pub. L. 116–117, § 3(a)(1), Mar.
2, 2020, 134 Stat. 133. See, generally, subchapter IV of
this chapter.
Executive Documents
EX. ORD. NO. 13681. IMPROVING THE SECURITY OF
CONSUMER FINANCIAL TRANSACTIONS
Ex. Ord. No. 13681, Oct. 17, 2014, 79 F.R. 63491, pro-
vided:
Given that identity crimes, including credit, debit,
and other payment card fraud, continue to be a risk to
U.S. economic activity, and given the economic con-
sequences of data breaches, the United States must
take further action to enhance the security of data in
the financial marketplace. While the U.S. Govern-
ment’s credit, debit, and other payment card programs
already include protections against fraud, the Govern-
ment must further strengthen the security of consumer
data and encourage the adoption of enhanced safe-
guards nationwide in a manner that protects privacy
and confidentiality while maintaining an efficient and
innovative financial system.
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to improve the security of con-
sumer financial transactions in both the private and
public sectors, it is hereby ordered as follows:
SECTION 1. Secure Government Payments. In order to
strengthen data security and thereby better protect
citizens doing business with the Government, executive
departments and agencies (agencies) shall, as soon as
possible, transition payment processing terminals and
credit, debit, and other payment cards to employ en-
hanced security features, including chip-and-PIN tech-
nology. In determining enhanced security features to
employ, agencies shall consider relevant voluntary con-
sensus standards and specifications, as appropriate,
consistent with the National Technology Transfer and
Advancement Act of 1995 and Office of Management and
Budget Circular A–119.
(a) The Secretary of the Treasury shall take nec-
essary steps to ensure that payment processing termi-
nals acquired by agencies through the Department of
the Treasury or through alternative means authorized
by the Department of the Treasury have enhanced se-
curity features. No later than January 1, 2015, all new
payment processing terminals acquired in these ways
shall include hardware necessary to support such en-
hanced security features. By January 1, 2015, the De-
partment of the Treasury shall develop a plan for agen-
cies to install enabling software that supports en-
hanced security features.
(b) The Administrator of General Services shall take
necessary steps to ensure that credit, debit, and other
payment cards provided through General Services Ad-
ministration (GSA) contracts have enhanced security
features, and shall begin replacing credit, debit, and
other payment cards without enhanced security fea-
tures no later than January 1, 2015.
(c) The Secretary of the Treasury shall take nec-
essary steps to ensure that Direct Express prepaid debit
cards for administering Government benefits have en-
hanced security features, and by January 1, 2015, the
Department of the Treasury shall develop a plan for the
replacement of Direct Express prepaid debit cards with-
out enhanced security features.
(d) By January 1, 2015, other agencies with credit,
debit, and other payment card programs shall provide
to the Office of Management and Budget (OMB) plans
for ensuring that their credit, debit, and other payment
cards have enhanced security features.
(e) Nothing in this order shall be construed to pre-
clude agencies from adopting additional standards or
upgrading to more effective technology and standards
to improve the security of consumer financial trans-
actions as technologies and threats evolve.
SEC. 2. Improved Identity Theft Remediation. To reduce
the burden on consumers who have been victims of
identity theft, including by substantially reducing the
amount of time necessary for a consumer to remediate
typical incidents:
(a) by February 15, 2015, the Attorney General, in co-
ordination with the Secretary of Homeland Security,
shall issue guidance to promote regular submissions, as
appropriate and permitted by law, by Federal law en-
forcement agencies of compromised credentials to the
National
Cyber-Forensics
and
Training
Alliance’s
Internet Fraud Alert System;
(b) the Department of Justice, the Department of
Commerce, and the Social Security Administration
shall identify all publicly available agency resources
for victims of identity theft, and shall provide to the
Federal Trade Commission (FTC) information about
such resources no later than March 15, 2015, with up-
dates thereafter as necessary. These agencies shall
work in consultation with the FTC to streamline these
resources and consolidate them wherever possible at
the FTC’s public Web site, IdentityTheft.gov; and
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).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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 Homeland Security.11 So in original. The period probably should not appear. (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: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3321
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.