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31 U.S.C. § 3304 (MONEY AND FINANCE)
§ 3304. Transfers of public money from depositaries
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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 949.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3304
31:522.
R.S. § 3640.
In the section, before clause (1), the words “except as provided in section 523 of this title” are omitted as superseded by title 39. The words “of the United States, to the credit of the Treasurer” are omitted as unnecessary. In clause (2), the words “if the Secretary believes the safety of the public money and convenience require it” are substituted for “as the safety of the public moneys and the convenience of the public service shall seem to him to require” for clarity and to eliminate unnecessary words.
31 U.S.C. § 3305 (MONEY AND FINANCE)
§ 3305. Audits of depositaries
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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 949.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3305
31:548.
R.S. § 3649.
In the section, before clause (1), the words “or an officer, employee, or agent designated by the Secretary” are substituted for “and for that purpose to appoint special agents, as occasion may require” for clarity and consistency. The words “may audit a depositary of public money” are substituted for “is authorized to cause examinations to be made of the books, accounts and money on hand, of the several depositaries” to eliminate unnecessary words and for consistency. The words “with such compensation, not exceeding $6 per day and traveling expenses, as he may think reasonable, to be fixed and declared at the time of each appointment” are omitted as superseded by 5:3109 and ch. 57. The words “be instructed to” and “as well” are omitted as surplus.
31 U.S.C. § 3323 (MONEY AND FINANCE)
§ 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 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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 950.)
text: 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 disbursement).
R.S. § 305(related to disbursement); July 31, 1894, ch. 174, § 11(last sentence related to § 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. § 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.
31 U.S.C. § 3326 (MONEY AND FINANCE)
§ 3326. Waiver of requirements for warrants and advances
(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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 951.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3326(a)
31:66c(a).
Sept. 12, 1950, ch. 946, § 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.
31 U.S.C. § 3334 (MONEY AND FINANCE)
§ 3334. Cancellation and proceeds distribution of Treasury checks
(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.
(Added Pub. L. 100–86, title X, § 1003, Aug. 10, 1987, 101 Stat. 658.)
heading: References in Text
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.
heading: Effective Date
text: 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.
heading: Regulations
text: 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.
31 U.S.C. § 3335 (MONEY AND FINANCE)
§ 3335. Timely disbursement of Federal funds
(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.
(Added Pub. L. 101–453, § 4(a), Oct. 24, 1990, 104 Stat. 1058.)
heading: Regulations
text: Pub. L. 101–453, § 4(c), Oct. 24, 1990, 104 Stat. 1059, as amended by Pub. L. 102–589, § 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.”
31 U.S.C. § 3336 (MONEY AND FINANCE)
§ 3336. Electronic benefit transfer pilot
(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.
(Added Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 664], Sept. 30, 1996, 110 Stat. 3009–314, 3009–385.)
31 U.S.C. § 3341 (MONEY AND FINANCE)
§ 3341. Sale of Government warrants, checks, drafts, and obligations
(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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 956.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3341(a)
31:544(words before last semicolon).
R.S. § 3652.
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.
31 U.S.C. § 3501 (MONEY AND FINANCE)
§ 3501. Definition
In this chapter, “executive agency” does not include (except in section 3513) a corporation, agency, or instrumentality subject to chapter 91 of this title.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 959; Pub. L. 107–107, div. A, title VIII, § 831(c), Dec. 28, 2001, 115 Stat. 1189; Pub. L. 111–204, § 2(h)(6)(B)(ii), July 22, 2010, 124 Stat. 2231.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3501
31:65a.
Sept. 12, 1950, ch. 946, § 118, 64 Stat. 837; Aug. 1, 1956, ch. 814, § 2(c), 70 Stat. 783.
The words “As used . . . the term” are omitted as surplus. The words “means any executive department or independent establishment in the executive branch of the Government” are omitted because of section 102 of the revised title. The reference to 31:66d is unnecessary because the defined term is not used in the restatement of 31:66d in section 3514 of the revised title. The text of 31:65a(words after 4th comma) is omitted as unnecessary because of 39:410.
heading: Amendments
text: 2010—Pub. L. 111–204 struck out “and subchapter VI of this title” after “section 3513”.
2001—Pub. L. 107–107 inserted “and subchapter VI” after “section 3513”.
heading: Short Title of 2002 Amendment
text: Pub. L. 107–289, § 1, Nov. 7, 2002, 116 Stat. 2049, provided that: “This Act [amending section 3515 of this title and enacting provisions set out as a note under section 3515 of this title] may be cited as the ‘Accountability of Tax Dollars Act of 2002’.”
heading: Short Title of 2000 Amendment
text: Pub. L. 106–531, § 1, Nov. 22, 2000, 114 Stat. 2537, provided that: “This Act [enacting section 3516 of this title, amending sections 1116, 3515, and 3521 of this title, and enacting provisions set out as notes under sections 1116 and 3516 of this title] may be cited as the ‘Reports Consolidation Act of 2000’.”
31 U.S.C. § 3514 (MONEY AND FINANCE)
§ 3514. Discontinuing certain accounts maintained by the Comptroller General
The Comptroller General may discontinue an agency appropriation, expenditure, limitation, receipt, or personal ledger account maintained by the Comptroller General when the Comptroller General believes that the accounting system and internal controls of the agency will allow the Comptroller General to carry out the functions related to the account.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 960.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3514
31:66d.
Sept. 12, 1950, ch. 946, § 116, 64 Stat. 837.
The words “Comptroller General” are substituted for “General Accounting Office” for consistency. The word “agency” is substituted for “executive, legislative, and judicial agencies” because of sections 101, 102, and 3501 of the revised title. The word “properly” is omitted as surplus.
31 U.S.C. § 3525 (MONEY AND FINANCE)
§ 3525. Auditing nonappropriated fund activities
(a) The Comptroller General may audit—
(1) the operations and accounts of each nonappropriated fund and related activities authorized or operated by the head of an executive agency to sell goods or services to United States Government personnel and their dependents;
(2) accounting systems and internal controls of the fund and related activities; and
(3) internal or independent audits or reviews of the fund and related activities.
(b) The head of each executive agency promptly shall provide the Comptroller General with—
(1) a copy of the annual report of a nonappropriated fund and related activities subject to this section when the Comptroller General—
(A) requires a report for a designated class of each fund and related activities having gross sales receipts of more than $100,000 a year; or
(B) specifically requests a report for another fund and related activities; and
(2) a statement on the yearly financial operations, financial condition, and cash flow and other yearly information about the fund and related activities that the head of the agency and the Comptroller General agree on if the information is not included in the annual report.
(c) Records and property of a fund and related activities subject to this section shall be made available to the Comptroller General to the extent the Comptroller General considers necessary.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 963.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3525(a)
31:135(a)(1st sentence).
Jan. 2, 1975, Pub. L. 93–604, § 301, 88 Stat. 1961.
3525(b)
31:135(b).
3525(c)
31:135(a)(last sentence).
In the section, the words “the head of” are added for consistency.
In subsection (a), before clause (1), the words “unless otherwise provided by law” are omitted as surplus. The words “may audit” are substituted for “shall . . . be subject to review” for consistency. The words “in accordance with such principles and procedures and under such rules and regulations as he may prescribe” are omitted as unnecessary because of section 711 of the revised title. In clause (1), the words “(including central funds)” and “military or other . . . such as the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, Exchange Councils of the National Aeronautics and Space Administration, commissaries, clubs, and theaters” are omitted as surplus.
In subsection (b), before clause (1), the words “the Comptroller General” are added for clarity. In clause (1)(B), the words “for another fund and related activities” are substituted for “in any other case” for clarity.
In subsection (c), the words “and his duly authorized representatives” are omitted as unnecessary. The words “Records . . . shall be made available” are substituted for “shall have access to those books, accounts, records, documents, reports, files, and other papers, things” for consistency in the revised title and with other titles of the United States Code.
31 U.S.C. § 3530 (MONEY AND FINANCE)
§ 3530. Adjusting accounts
(a) An appropriation or fund currently available for the expense of an accountable function shall be charged with an amount necessary to adjust an account of an accountable official or agent when—
(1) necessary to adjust the account for a loss to the United States Government resulting from the fault or negligence of the official or agent; and
(2) the head of the agency decides the loss is uncollectable.
(b) An adjustment does not affect the personal financial liability of an official or agent for the loss.
(c) The Comptroller General shall prescribe regulations to carry out subsection (a) of this section.
(d) Under procedures prescribed by the Comptroller General, the head of an agency may charge the net amount of unpaid and overpaid balances in individual pay accounts against the appropriation for the fiscal year in which the balances occurred and from which the accounts were payable. The net amount shall be credited to and paid from the corresponding appropriation for the next fiscal year.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 967.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3530(a)
31:1202(a)(1st sentence).
June 6, 1972, Pub. L. 92–310, § 102, 86 Stat. 201.
3530(b)
31:1202(a)(last sentence).
3530(c)
31:1202(b).
3530(d)
31:581d.
July 15, 1954, ch. 509, § 3(a), 68 Stat. 483.
In subsection (a), before clause (1), the words “restore or otherwise” are omitted as surplus. The word “currently” is substituted for “at the time the restoration or adjustment is made” to eliminate unnecessary words. The word “official” is substituted for “officer” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “concerned” and “the amount of” are omitted as surplus.
In subsection (b), the words “restoration or” are omitted as surplus and because of the restatement.
In subsections (c) and (d), the words “of the United States” are omitted as surplus.
In subsection (c), the words “and issue” are omitted as surplus. The words “to carry out subsection (a) of this section” are substituted for “The restorations and adjustments provided for by subsection (a) of this section shall be made in accordance with” to eliminate unnecessary words.
In subsection (d), the word “settlement” is omitted as surplus. The words “the Secretary of the department concerned or . . . or independent establishment concerned” are omitted as unnecessary because of the restatement. The word “occurring” is omitted as surplus. The word “accounts” is substituted for “amount” before “was payable” for clarity. The word “succeeding” is omitted as surplus.
31 U.S.C. § 3531 (MONEY AND FINANCE)
[§ 3531. Repealed. Pub. L. 104–316, title I, § 115(f)(1), Oct. 19, 1996, 110 Stat. 3834]
text: Section, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 967, related to certification by heads of executive departments to Comptroller General regarding losses resulting from public property entrusted to officials or agents.
31 U.S.C. § 3532 (MONEY AND FINANCE)
§ 3532. Notification of account deficiencies
An accounting official discovering a deficiency in an account of an official of the United States Government having custody of public money shall notify the head of the agency having jurisdiction of the official of the kind and amount of the deficiency.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 968.)
text: Historical and Revision Notes
Revised Section
Source (U.S. Code)
Source (Statutes at Large)
3532
31:497a.
June 6, 1972, Pub. L. 92–310, § 260, 86 Stat. 215.
The word “official” is substituted for “officers”, and the word “Government” is added, for consistency in the revised title and with other titles of the United States Code. The words “having custody of public money” are substituted for “or in the accounts of any officer disbursing or chargeable with public money” for clarity and consistency. The words “immediately” and “the affairs of . . . or officer” are omitted as surplus.