
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: 31USC3321]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
            CHAPTER 33--DEPOSITING, KEEPING, AND PAYING MONEY
 
                         SUBCHAPTER II--PAYMENTS
 
Sec. 3321. Disbursing authority in the executive branch

    (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 Transportation (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.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 949; Pub. L. 103-355, title 
III, Sec. 3067, Oct. 13, 1994, 108 Stat. 3337; Pub. L. 104-106, div. A, 
title IX, Sec. 913(a)(1), Feb. 10, 1996, 110 Stat. 410; Pub. L. 104-201, 
div. A, title X, Sec. 1009(a)(1), Sept. 23, 1996, 110 Stat. 2633.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3321(a), (b).........................  5:901(note).                    Exec. Or
der No. 6166, June 10, 1933, Sec.
                                                                         4.
3321(c), (d).........................  31:492-1.                       R.S. Sec
.  176; Sept. 6, 1966, Pub. L. 89-
                                                                        554, Se
c.  8(a), 80 Stat. 632; June 6,
                                                                        1972, P
ub. L. 92-310, Sec.  231(a), 86
                                                                        Stat. 2
09.
                                       5 App.                          Reorg. P
lan No. 4 of 1940, eff. June 30,
                                                                        1940, S
ecs.  3, 4, 54 Stat. 1234.
                                       ..............................  Exec. Or
der No. 6728, May 29, 1934.
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---------------------------------

    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 
departments, 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 references to the Division of 
Disbursement and a Chief Disbursing Officer because of the source 
provisions restated 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 paragraph) 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 authority 
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 subsection (a) and Executive 
Order 6728. The text of 31:492-1(last sentence) is omitted as superseded 
by section 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 Executive 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 unnecessary because of sections 3512 and 3513 of 
the revised 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 Savings System and its Board of Trustees were abolished under 
section 5 of the Act of March 28, 1942 (ch. 205, 56 Stat. 189).


                               Amendments

    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 Columbia).''
    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''.

                  Section Referred to in Other Sections

    This section is referred to in section 3716 of this title.
