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31 U.S.C. § 3328

Title 31 Chapter 33 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 3328. Paying checks and drafts

  • (a)
    • (1) 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) 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      • (A) withdrawn from the account with the depositary; and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 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) 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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