
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: 31USC3342]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
            CHAPTER 33--DEPOSITING, KEEPING, AND PAYING MONEY
 
                      SUBCHAPTER III--MISCELLANEOUS
 
Sec. 3342. Check cashing and exchange transactions

    (a) A disbursing official of the United States Government may--
        (1) cash and negotiate negotiable instruments payable in United 
    States currency or currency of a foreign country;
        (2) exchange United States currency, coins, and negotiable 
    instruments and currency, coins, and negotiable instruments of 
    foreign countries; and
        (3) cash checks drawn on the Treasury to accommodate United 
    States citizens in a foreign country, but only if--
            (A) satisfactory banking facilities are not available in the 
        foreign country; and
            (B) a check is presented by the payee who is a United States 
        citizen.

    (b) A disbursing official may act under subsection (a)(1) and (2) of 
this section only for--
        (1) an official purpose;
        (2) personnel of the Government;
        (3) a dependent of personnel of the Government, but only--
            (A) at a United States installation at which adequate 
        banking facilities are not available; and
            (B) in the case of negotiation of negotiable instruments, if 
        the dependent's sponsor authorizes, in writing, the presentation 
        of negotiable instruments to the disbursing official for 
        negotiation;

        (4) a veteran hospitalized or living in an institution operated 
    by an agency;
        (5) a contractor, or personnel of a contractor, carrying out a 
    Government project;
        (6) personnel of an authorized agency not part of the Government 
    that operates with an agency of the Government; or
        (7) a Federal credit union (as defined in section 101(1) of the 
    Federal Credit Union Act (12 U.S.C. 1752(1)) \1\ that at the request 
    of the Secretary of Defense is operating on a United States military 
    installation in a foreign country, but only if that country does not 
    permit contractor-operated military banking facilities to operate on 
    such installations.
---------------------------------------------------------------------------
    \1\ So in original. There probably should be an additional closing 
parenthesis.

    (c)(1) An amount held by the disbursing official that is available 
for expenditure may be used to carry out subsection (a) of this section 
with the approval of the head of the agency having jurisdiction over the 
amount.
    (2) The head of an agency having jurisdiction over a disbursing 
official may offset, within the same fiscal year, a deficiency resulting 
from a transaction under subsection (a) of this section with a gain from 
a transaction under subsection (a). A gain in the account of a 
disbursing official not used to offset deficiencies under subsection (a) 
shall be deposited in the Treasury as miscellaneous receipts.
    (3) The amount of any deficiency resulting from cashing a check for 
a dependent under subsection (b)(3), including any charges assessed 
against the disbursing official by a financial institution for 
insufficient funds to pay the check, may be offset from the pay of the 
dependent's sponsor.
    (4) Amounts necessary to adjust for deficiencies in the account of a 
disbursing official because of transactions under subsection (a) of this 
section are authorized to be appropriated.
    (d) The Secretary of the Treasury and, with the approval of the 
Secretary, the head of an agency having jurisdiction over a disbursing 
official, may issue regulations to carry out this section. However, 
under conditions the Secretary decides are necessary, the Secretary may 
delegate to the head of an agency the authority to issue regulations 
applying to a disbursing official that is an officer or employee of the 
agency.
    (e) Regulations prescribed under subsection (d) shall include 
regulations that define the terms ``dependent'' and ``sponsor'' for the 
purposes of this section. In the regulations, the term ``dependent'', 
with respect to a member of a uniformed service, shall have the meaning 
given that term in section 401 of title 37.
    (f) With respect to automated teller machines on naval vessels, the 
authority of a disbursing official of the United States Government under 
subsection (a) also includes the following:
        (1) The authority to provide operating funds to the automated 
    teller machines.
        (2) The authority to accept, for safekeeping, deposits and 
    transfers of funds made through the automated teller machines.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 957; Pub. L. 104-106, div. A, 
title X, Sec. 1090, Feb. 10, 1996, 110 Stat. 459; Pub. L. 104-201, div. 
A, title X, Sec. 1011, Sept. 23, 1996, 110 Stat. 2635; Pub. L. 106-65, 
div. A, title III, Sec. 372, Oct. 5, 1999, 113 Stat. 580.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3342(a)..............................  31:492a(less 1st sentence       Dec. 23,
 1944, ch. 716, Secs.  1-3, 58
                                        words between 2d-7th commas,    Stat. 9
21; restated June 16, 1953, ch.
                                        last sentence).                 115, 67
 Stat. 61.
3342(b)..............................  31:492a(1st sentence words
                                        between 2d-7th commas).
3342(c)(1)...........................  31:492a(last sentence).
3342(c)(2), (3)......................  31:492b.
3342(d)..............................  31:492c.
-------------------------------------------------------------------------------
---------------------------------

    In the section, the words ``disbursing official'' are substituted 
for ``disbursing officers'' for clarity and consistency in the revised 
title.
    In subsection (a), the words ``negotiable instruments'' are 
substituted for ``checks, drafts, bills of exchange, and other 
instruments'' for clarity and consistency. Before clause (1), the words 
``Subject to regulations promulgated pursuant to sections 492a-492c of 
this title'' are omitted as unnecessary. In clause (3), before subclause 
(A), the words ``disbursing officers in foreign countries are also 
authorized . . . to'' are omitted because of the restatement. 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 ``person who is'' are omitted as surplus. In 
subclause (B), the word ``payee'' is substituted for ``person to whose 
order they are drawn'' to eliminate unnecessary words. The words ``who 
is a United States citizen'' are added for clarity.
    Subsection (b), before clause (1), is added because of the 
restatement. In clause (2), the words ``the accommodation of'' are 
omitted as surplus. The word ``personnel'' is substituted for ``members 
of the Armed Forces and civilian personnel'' to eliminate unnecessary 
words and for consistency in the revised title and with other titles of 
the United States Code. In clause (3), the words ``of the Armed Forces 
of the United States . . . institutions operated by the Veterans' 
Administration and other'' are omitted as surplus.
    In subsection (c)(2), the words ``For the purposes of this section'' 
are omitted because of the restatement. The words ``in the accounts of 
such disbursing officers'' are omitted as unnecessary. The words 
``resulting from a transaction under subsection (a) of this section'' 
are added for clarity. The words ``not used to offset deficiencies from 
transactions under subsection (a)'' are substituted for ``resulting from 
operations permitted by sections 492a to 492c of this title'' for 
clarity and consistency.
    Subsection (c)(3) is substituted for 31:492b(2d sentence) to 
eliminate unnecessary words and for consistency in the revised title and 
with other titles of the Code.
    In subsection (d), the words ``rules and . . . governing the 
disbursing officers under their respective jurisdictions, as may be 
deemed necessary or proper . . . the purposes of'' are omitted as 
surplus. The words ``under conditions the Secretary decides are 
necessary'' are substituted for ``subject to such terms and conditions 
as he may prescribe'' for clarity and consistency. The words ``and 
exercise the function of disbursement pursuant to a delegation by the 
Secretary of the Treasury'' are omitted as unnecessary.


                               Amendments

    1999--Subsec. (f). Pub. L. 106-65 added subsec. (f).
    1996--Subsec. (b)(3). Pub. L. 104-201, Sec. 1011(1), substituted a 
semicolon for the period at end.
    Pub. L. 104-106, Sec. 1090(a)(2), added par. (3). Former par. (3) 
redesignated (4).
    Subsec. (b)(4) to (6). Pub. L. 104-106, Sec. 1090(a)(1), 
redesignated pars. (3) to (5) as (4) to (6), respectively.
    Subsec. (b)(7). Pub. L. 104-201, Sec. 1011(2)-(4), added par. (7).
    Subsec. (c)(3), (4). Pub. L. 104-106, Sec. 1090(b), added par. (3) 
and redesignated former par. (3) as (4).
    Subsec. (e). Pub. L. 104-106, Sec. 1090(c), added subsec. (e).

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 2504.
