31 U.S.C. § 3327 — General authority to issue checks and

Page 242 TITLE 31—MONEY AND FINANCE § 3326 and section 4 of Executive Order Numbered 6166, dated June 10, 1933’’ in 31:82b are omitted as unnecessary. In clause (1), the word ‘‘duly’’ is omitted as surplus. In clause (1)(A) and (B), the words ‘‘executive agency’’ are substituted for ‘‘department, establishment or agency concerned’’ because of section 102 of the revised title and for consistency. In clause (2)(C), the words ‘‘basis of the’’ are omitted as surplus. In clause (3), the words ‘‘for carrying out clauses (1) and (2) of this subsection’’ are substituted for ‘‘accordingly’’ for clarity. In subsection (b), the words ‘‘under the jurisdiction’’ are omitted as surplus. The words ‘‘a military depart- ment of the Department of Defense’’ are substituted for ‘‘the Department of the Army, the Navy Department (including the Marine Corps)’’ for consistency with title 10. The words ‘‘and the Panama Canal’’ (subse- quently changed to ‘‘the Canal Zone Government’’ by section 2(a)(1) of the Act of September 26, 1950 (ch. 1049, 64 Stat. 1038)) are omitted because of 22:ch. 51. The word ‘‘pay’’ is substituted for ‘‘salaries’’ for consistency in the revised title and with other titles of the United States Code. In subsection (c), the words ‘‘On and after May 14, 1937’’ are omitted as executed. The words ‘‘Secretary of the Treasury’’ are substituted for ‘‘Division of Dis- bursement, Treasury Department’’ in section 1(last proviso of 2d par. on p. 140) of the Act of May 14, 1937, because of section 1(a) of Reorganization Plan No. III of 1940 (eff. June 30, 1940, 54 Stat. 1231) and section 321(c) of the revised title. The word ‘‘appropriate’’ is added for clarity. The words ‘‘officer or employee of the United States Government’’ are substituted for ‘‘ad- ministrative officers’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘addressographed or stenciled’’ and ‘‘admin- istratively revised and’’ are omitted as surplus. The words ‘‘disburse public money’’ are substituted for ‘‘make payment’’ for consistency. Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–241 substituted ‘‘Sec- retary of Homeland Security’’ for ‘‘Secretary of Trans- portation’’. 1996—Subsec. (a)(3). Pub. L. 104–134, § 31001(g)(1)(B), in- serted ‘‘or pursuant to payment intercepts or offsets pursuant to section 3716 or 3720A of this title,’’ after ‘‘voucher’’. Subsec. (b). Pub. L. 104–201 substituted ‘‘members of the armed forces may certify vouchers when author- ized, in writing, by the Secretary of Defense or, in the case of the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Transpor- tation’’ for ‘‘members of the armed forces under the ju- risdiction of the Secretary of Defense may certify vouchers when authorized, in writing, by the Secretary to do so’’. Pub. L. 104–106 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Subsection (a) of this section does not apply to disbursements of a military department of the Department of Defense, ex- cept for disbursements for departmental pay and ex- penses in the District of Columbia.’’ Subsec. (d). Pub. L. 104–134, § 31001(y), added subsec. (d). § 3326. Waiver of requirements for warrants and advances (a) When the Secretary of the Treasury and the Comptroller General decide that, with suffi- cient safeguards, existing procedures may be changed to simplify, improve, and economize the control and accounting of public money, they may prescribe joint regulations for waiving any part of the requirements in effect on September 12, 1950, that— (1) warrants be issued and countersigned for the receipt, retention, and disbursement of public money and trust funds; and (2) amounts be requisitioned and advanced to accountable officials. (b) Regulations of the Secretary and the Comptroller General may provide for the pay- ment of vouchers by authorized disbursing offi- cials by checks drawn on the general fund of the Treasury. However, the regulations shall pro- vide for appropriate action (including suspen- sion or withdrawal of authority to make pay- ments) against a delinquent disbursing official for any reason related to the official’s accounts. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 951.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3326(a) ..... 31:66c(a). Sept. 12, 1950, ch. 946, § 115, 64 Stat. 837. 3326(b) ..... 31:66c(b). In subsection (a), before clause (1), the words ‘‘in ef- fect on September 12, 1950’’ are substituted for ‘‘exist- ing’’ for clarity. In clause (2), the words ‘‘under each separate appropriation head or otherwise’’ are omitted as surplus. In subsection (b), the word ‘‘official’’ is substituted for ‘‘officers’’ for consistency. The word ‘‘Treasury’’ is substituted for ‘‘Treasurer of the United States’’ be- cause 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 ‘‘in the rendition of their accounts or for other’’ and ‘‘under necessary circumstances’’ are omitted as surplus. § 3327. General authority to issue checks and other drafts (a) The Secretary of the Treasury may issue a check or other draft on public money in the Treasury to pay an obligation of the United States Government. When the Secretary decides it is convenient to a public creditor and in the public interest, the Secretary may designate a depositary to issue a check or other draft on public money held by the depositary to pay an obligation of the Government. As directed by the Secretary, each depositary shall report to the Secretary on public money paid and received by the depositary. (b) The Secretary of the Treasury shall take such actions as are necessary to ensure that So- cial Security account numbers (including de- rivatives of such numbers) are not visible on or through unopened mailings of checks or other drafts described in subsection (a) of this section. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 952; Pub. L. 106–433, § 2, Nov. 6, 2000, 114 Stat. 1910.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3327 ......... 31:526. R.S. § 3644. The words ‘‘Secretary of the Treasury’’ are sub- stituted for ‘‘Treasurer’’ because of the source provi- sions restated in section 321(c) of the revised title. The words ‘‘may issue a check or other draft’’ are sub- stituted for ‘‘shall be subject to the draft of’’ for con- sistency in the revised title. The words ‘‘public money’’ are substituted for ‘‘moneys’’ because section 10 of the 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 this Act, and annually thereafter for each of the next 2 years, the Secretary shall transmit to each House of the Congress a report describing the manner and extent to which the requirements of the preceding sentence have been carried out.’’ § 3328. Paying checks and drafts (a) TIME LIMIT ON TREASURY CHECKS.— (1) IN GENERAL.—Except as provided in sec- tions 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 ne- gotiated 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 effec- tive date of this section unless it is nego- tiated to a financial institution within 12 months after such effective date. (2) DEFERRAL PENDING SETTLEMENT.—Not- withstanding 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 con- strued 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 de- positary; 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 con- solidated 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 does not apply to an unpaid check drawn on the Treasury or a designated de- positary. (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 regula- tions on— (A) enforcing the speedy presentation of Government drafts; (B) paying drafts, including the place of pay- ment; 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 Sec- retary to decline payment of a Treasury check after first examination thereof at the Treasury. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 952; Pub. L. 100–86, title X, § 1002, Aug. 10, 1987, 101 Stat. 658; Pub. L. 104–316, title I, § 115(d), Oct. 19, 1996, 110 Stat. 3834.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3328(a)(1) 31:132(a). July 11, 1947, ch. 222, § 1, 61 Stat. 308; restated Aug. 28, 1957, Pub. L. 85–183, § 1, 71 Stat. 464. 3328(a)(2) 31:134(less last 30 words before 1st proviso). July 11, 1947, ch. 222, § 3, 61 Stat. 309; restated Aug. 28, 1957, Pub. L. 85–183, § 2, 71 Stat. 464. 3328(b) ..... 31:132(b). 3328(c) ..... 31:132(c). 3328(d) ..... 31:134(last 30 words before 1st pro- viso). 3328(e) ..... 31:527 R.S. § 3645. In the section, 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). In subsections (a)(1) and (b), the words ‘‘Comptroller General’’ are substituted for ‘‘General Accounting Of- fice’’ for consistency. In subsections (a)(1) and (c), the words ‘‘heretofore or hereafter’’ are omitted as surplus. In subsection (a)(1), the words ‘‘Except as provided in sections 3330 and 3331 of this title’’ are added for clar- ity. The words ‘‘including those drawn by wholly owned and mixed-ownership Government corporations’’ are omitted as surplus. The words ‘‘Secretary of the Treas- ury’’ are substituted for ‘‘Treasurer of the United States’’ after ‘‘for payment the’’ because of the source