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31 U.S.C. § 3328 — Paying checks and drafts

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3328 — Paying checks and drafts

**(a) Time Limit on Treasury Checks.—** (1) **In general.—** — Except as provided in sections 3329 and 3330 of this title— (A) the Secretary shall not be required to pay a Treasury check issued on or after the effective date of this section unless it is negotiated to a financial institution within 12 months after the date on which the check was issued; and (B) the Secretary shall not be required to pay a Treasury check issued before the effective date of this section unless it is negotiated to a financial institution within 12 months after such effective date. (2) **Deferral pending settlement.—** — Notwithstanding the time limitations imposed by paragraph (1), if the Secretary is on notice of a question of law or fact about whether a Treasury check is properly payable when the check is presented for payment, the Secretary may defer payment on such check until the question is settled. (3) Nothing in this subsection shall be construed to affect the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued. **(b)** (1) If a check issued by a disbursing official and drawn on a designated depositary is not paid by the last day of the fiscal year after the fiscal year in which the check was issued, the amount of the check is— (A) withdrawn from the account with the depositary; and (B) deposited in the Treasury for credit to a consolidated account of the Treasury. (2) A claim for the proceeds of an unpaid check under this subsection may be paid from a consolidated account by a check drawn on the Treasury. **(c)** A limitation imposed on a claim against the United States Government under [section 3702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3702&num=0&edition=pr

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Source file: Laws/federal/codes/united-states-code/title-31/section-3328-paying-checks-and-drafts--559bf5b132.md
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Source location: Title 31, Chapter 33, § 3328; chapter-033-depositing-keeping-and-paying-money.md

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**(a) Time Limit on Treasury Checks.—** (1) **In general.—** — Except as provided in sections 3329 and 3330 of this title— (A) the Secretary shall not be required to pay a Treasury check issued on or after the effective date of this section unless it is negotiated to a financial institution within 12 months after the date on which the check was issued; and (B) the Secretary shall not be required to pay a Treasury check issued before the effective date of this section unless it is negotiated to a financial institution within 12 months after such effective date. (2) **Deferral pending settlement.—** — Notwithstanding the time limitations imposed by paragraph (1), if the Secretary is on notice of a question of law or fact about whether a Treasury check is properly payable when the check is presented for payment, the Secretary may defer payment on such check until the question is settled. (3) Nothing in this subsection shall be construed to affect the underlying obligation of the United States, or any agency thereof, for which a Treasury check was issued. **(b)** (1) If a check issued by a disbursing official and drawn on a designated depositary is not paid by the last day of the fiscal year after the fiscal year in which the check was issued, the amount of the check is— (A) withdrawn from the account with the depositary; and (B) deposited in the Treasury for credit to a consolidated account of the Treasury. (2) A claim for the proceeds of an unpaid check under this subsection may be paid from a consolidated account by a check drawn on the Treasury. **(c)** A limitation imposed on a claim against the United States Government under [section 3702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3702&num=0&edition=prelim) does not apply to an unpaid check drawn on the Treasury or a designated depositary. **(d)** The Secretary may prescribe regulations the Secretary decides are necessary to carry out subsections (a)–(c) of this section. **(e)** (1) The Secretary shall prescribe regulations on— (A) enforcing the speedy presentation of Government drafts; (B) paying drafts, including the place of payment; and (C) paying drafts if presentment is not made as required. (2) Regulations prescribed under paragraph (1) of this subsection shall prevent, as far as may be practicable, Government drafts from being used or placed in circulation as paper currency or a medium of exchange. **(f) Authority To Decline Payment.—** Nothing in this section limits the authority of the Secretary to decline payment of a Treasury check after first examination thereof at the Treasury.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3328&num=0&edition=prelim). (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.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3702 — Authority to settle claims

**(a)** Except as provided in this chapter or another law, all claims of or against the United States Government shall be settled as follows: (1) The Secretary of Defense shall settle— (A) claims involving uniformed service members’ pay, allowances, travel, transportation, payments for unused accrued leave, retired pay, and survivor benefits; and (B) claims by transportation carriers involving amounts collected from them for loss or damage incurred to property incident to shipment at Government expense. (2) The Director of the Office of Personnel Management shall settle claims involving Federal civilian employees’ compensation and leave. (3) The Administrator of General Services shall settle claims involving expenses incurred by Federal civilian employees for official travel and transportation, and for relocation expenses incident to transfers of official duty station. (4) The Director of the Office of Management and Budget shall settle claims not otherwise provided for by this subsection or another provision of law. **(b)** (1) A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except— (A) as provided in this chapter or another law; or (B) a claim of a State, the District of Columbia, or a territory or possession of the United States. (2) When the claim of a member of the armed forces accrues during war or within 5 years before war begins, the claim must be received within 5 years after peace is established or within the period provided in paragraph

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 226 — “Federal Reserve Act”

The short title of the Act of December 23, 1913, ch. 6, 38 Stat. 251, shall be the “Federal Reserve Act.”

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3712 — Time limitations for presenting certain claims of the Government

**(a) Claims Over Forged or Unauthorized Endorsements.—** (1) **Period for claims.—** — If the Secretary of the Treasury determines that a Treasury check has been paid over a forged or unauthorized endorsement, the Secretary may reclaim the amount of such check from the presenting bank or any other endorser that has breached its guarantee of endorsements prior to— (A) the end of the 1-year period beginning on the date of payment; or (B) the expiration of the 180-day period beginning on the close of the period described in subparagraph (A) if a timely claim is received under section 3702. (2) **Civil actions.—** (A) Except as provided in subparagraph (B), the United States may bring a civil action to enforce the liability of an endorser, transferor, depository, or fiscal agent on a forged or unauthorized signature or endorsement on, or a change in, a check or warrant issued by the Secretary of the Treasury, the United States Postal Service, or any disbursing official or agent not later than 1 year after a check or warrant is presented to the drawee for payment. (B) If the United States has given an endorser written notice of a claim against the endorser within the time allowed by subparagraph (A), the 1-year period for bringing a civil action on that claim under subparagraph (A) shall be extended by 3 years. (3) **Effect on agency authority.—** — Nothing in this subsection shall be construed to limit the authority of any agency under subchapter II of chapter 37 of this title. **(b)** Notwithstanding subsection (a) of this section, a civil action may be brought within 2 years after the claim is discovered when an endorser, transferor, depositary, or fiscal agent fraudulently conceals the claim from an officer or employee of the Government entitled to bring

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3712

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3328 — Paying checks and drafts

Page 243 TITLE 31—MONEY AND FINANCE § 3328 Act of August 6, 1846 (ch. 90, 9 Stat. 61), from which sec- tion 3644 of the Revised Statutes is derived, used the term ‘‘public money’’. The words ‘‘obligation of the United States Government’’ are substituted for ‘‘on the public account’’, and the words ‘‘may designate a de- positary to issue a check or draft on public money held by the depositary to pay an obligation of the Govern- ment’’ are substituted for ‘‘is authorized to draw upon any of the depositaries’’ for clarity and consistency. The words ‘‘at such times and in such forms . . . shall be’’ are omitted as surplus. The words ‘‘United States Postal Service’’ and ‘‘Postmaster General’’ are omitted because of 39:410. The words ‘‘report to the Secretary on public money paid and received by the depositary’’ are substituted for ‘‘so drawn upon shall make returns to the Treasury Department’’ for clarity and consistency. Editorial Notes AMENDMENTS 2000—Pub. L. 106–433 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT AND TRANSITIONAL RULE Pub. L. 106–433, § 3, Nov. 6, 2000, 114 Stat. 1910, pro- vided that: ‘‘(a) IN GENERAL.—The amendments made by this Act [amending this section] shall apply with respect to all mailings of checks or other drafts issued on or after the date which is 3 years after the date of the enactment of this Act [Nov. 6, 2000]. ‘‘(b) PHASE-IN OF AMENDMENTS.—Effective on the date of the enactment of this Act, the Secretary of the Treasury shall commence procedures to gradually im- plement the amendments made by this Act in advance of the effective date described in subsection (a). Not later than 1 year after the date of the enactment of

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