
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: 31USC3322]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
            CHAPTER 33--DEPOSITING, KEEPING, AND PAYING MONEY
 
                         SUBCHAPTER II--PAYMENTS
 
Sec. 3322. Disbursing officials

    (a) The Secretary of the Treasury shall transfer public money to a 
disbursing official only by draft or warrant written on the Treasury. 
Except as provided in section 3716 and section 3720A of this title and 
subsection (b) of this section, a disbursing official shall--
        (1) deposit public money as required by section 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 Secretary, 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 regulations the Secretary 
    decides are the safest and most effective in making a payment to a 
    public creditor easier.

    (c) A disbursing official is not liable for an overpayment provided 
under a United States Government bill of lading or transportation 
request 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 section 
    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, 
Sec. 1(3), Feb. 14, 1984, 98 Stat. 3; Pub. L. 104-134, title III, 
Sec. 31001(g)(1)(A), Apr. 26, 1996, 110 Stat. 1321-363; Pub. L. 105-264, 
Sec. 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. Sec
.  3620(a); Feb. 27, 1877, ch.
                                                                        69(7th 
complete par. on p. 249), 19
                                                                        Stat. 2
49; Aug. 28, 1965, Pub. L. 89-
                                                                        145, Se
c.  1(1), 79 Stat. 582.
3322(b)..............................  31:82g(related to disbursing    June 1, 
1942, ch. 320(related to
                                        officers).                      disburs
ing 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 ``Secretary 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 section 3620(a) of the Revised Statutes 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 
(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 surplus. The text of 31:492(a)(last sentence) is 
omitted because 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 sentence) of the 
Revised Statutes inadvertently was omitted 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 ``however'' 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.


                               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 
subagency, 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 subsection (b) of this section, a'' 
for ``A'' in second sentence.
    Subsecs. (b), (c). Pub. L. 98-216 added subsec. (b) and redesignated 
former subsec. (b) as (c).


                    Effective Date of 1998 Amendment

    Pub. L. 105-264, Sec. 3(b), Oct. 19, 1998, 112 Stat. 2354, provided 
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

    Section 31001(a)(2)(A) of Pub. L. 104-134 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, Internal 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 enactment 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.
