
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC3302]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
            CHAPTER 33--DEPOSITING, KEEPING, AND PAYING MONEY
 
                 SUBCHAPTER I--DEPOSITS AND DEPOSITARIES
 
Sec. 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) \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.
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    \1\ See References in Text note below.
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    (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.

(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.)

                                          Historical and Revision Notes
                                                    1982 Act
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---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
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---------------------------------
3302(a)..............................  31:521.                         R.S. Sec
.  3639; June 6, 1972, Pub. L. 92-
                                                                        310, Se
c.  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. 3
12; Jan. 22, 1925, ch. 87(2d par.
                                                                        under h
eading ``Division of Bookkeeping
                                                                        and War
rants''), 43 Stat. 767.
                                       31:1023(b).                     June 1, 
1955, ch. 119, Sec.  1(b), 69
                                                                        Stat. 8
2.
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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 Section                   Source (U.S. Code)                
Source (Statutes at Large)
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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.

                       References in Text

    Section 3718(b) of this title, referred to in subsec. (b), was 
temporarily redesignated section 3718(d) of this title by Pub. L. 99-
578, Sec. 1(1), Oct. 28, 1986, 100 Stat. 3305.


                               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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 327, 3322, 3711, 3718, 3720 
of this title; 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 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, 
45303.
