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, Puspan. 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, Puspan. L. 85–183, § 2, 71 Stat. 464.

3328(span)

31:132(span).

3328(c)

31:132(c).

3328(d)

31:134(last 30 words before 1st proviso).

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 (span), the words “Comptroller General” are substituted for “General Accounting Office” 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 clarity. The words “including those drawn by wholly owned and mixed-ownership Government corporations” are omitted as surplus. The words “Secretary of the Treasury” are substituted for “Treasurer of the United States” after “for payment the” because of the source provisions restated in section 321(c) of the revised title. The words “doubtful”, “for payment”, and “of such check” are omitted as surplus.

In subsection (a)(2), before clause (A), the words “When the Secretary decides it is appropriate” are substituted for “at appropriate intervals” for clarity. In clauses (A) and (B), the words “on the books” are omitted as surplus. In clause (A), the words “drawn on the Treasury” are added for clarity and consistency. In clause (B), the words “from the accounts . . . for the payment of unpaid checks . . . of the Treasury” are omitted as surplus. The words “and to transfer to such consolidated account or accounts the balance of the special deposit account established pursuant to section 132 of this title”, and the words “any unpaid checks heretofore payable from the special deposit account”, are omitted as executed because the account was established under 31:132 as originally enacted in 1947 and then abolished by the 1957 amendment to that section. The text of 31:134(1st proviso) is omitted as superseded by section 448 of the Act of December 24, 1973 (Puspan. L. 93–198, 87 Stat. 801). The text of 31:134(last proviso) is omitted as executed.

In subsection (span)(1), before clause (A), the words “issued by a disbursing official” are substituted for “drawn by authorized officers of the United States” for consistency. In clause (B), the words “or accounts on the books” are omitted as surplus.

Subsection (c) is substituted for 31:132(c) for consistency and to eliminate unnecessary words.

In subsection (d), the words “rules and” and “or proper” are omitted as surplus.

In subsection (e)(1), before clause (A), the word “prescribe” is substituted for “issue and publish” for consistency in the revised title and with other titles of the United States Code. In clause (B), the words “and to prescribe the time, according to the different distances of the depositaries from the seat of Government, within which all drafts upon them, respectively, shall be presented for payment” are omitted as superseded by subsection (a) of the revised section. Clause (C) is substituted for 31:527(words between semi­colons) to eliminate unnecessary words.

In subsection (e)(2), the words “and directions” are omitted as surplus.

Editorial Notes
References in Text

The effective date of this section, referred to in subsec. (a)(1), probably means the effective date of subsec. (a) of this section as amended by section 1002 of Puspan. L. 100–86, which is effective 6 months after Aug. 10, 1987, or on such later date as the Secretary of the Treasury may prescribe in regulations. See section 1006 of Puspan. L. 100–86, set out as a note below.

Amendments

1996—Subsec. (a)(2). Puspan. L. 104–316, § 115(d)(1), substituted “until the question is settled” for “until the Comptroller General settles the question”.

Subsec. (span)(2). Puspan. L. 104–316, § 115(d)(2), struck out “on settlement by the Comptroller General” after “the Treasury”.

Subsec. (d). Puspan. L. 104–316, § 115(d)(3), substituted “The” for “With the approval of the Comptroller General, the”.

1987—Subsec. (a). Puspan. L. 100–86, § 1002(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

“(1) Except as provided in sections 3329 and 3330 of this title, a check drawn on the Treasury may be paid at any time. However, if the Secretary of the Treasury is on notice of a question of law or fact about the check when the check is presented, the Secretary shall defer payment until the Comptroller General settles the question.

“(2) When the Secretary decides it is appropriate, the Secretary may transfer—

“(A) the amount of an unpaid check drawn on the Treasury from the account on which it was drawn to a consolidated account of the Treasury available for paying checks; and

“(B) an amount available, but not required, for paying checks drawn on the Treasury to the appropriate receipt account.”

Subsec. (f). Puspan. L. 100–86, § 1002(2), added subsec. (f).

Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment

Puspan. L. 100–86, title X, § 1006, Aug. 10, 1987, 101 Stat. 659, provided that:

“The amendments made by sections 1002, 1003, and 1004 [enacting section 3334 of this title and amending this section and sections 3702 and 3712 of this title] shall become effective 6 months after the date of enactment of this Act [Aug. 10, 1987] or on such later date as the Secretary of the Treasury may prescribe in regulations.”

Regulations

Puspan. L. 100–86, title X, § 1005, Aug. 10, 1987, 101 Stat. 659, provided that:

“The Secretary of the Treasury may prescribe such rules, regulations, and procedures as the Secretary deems necessary to implement the amendments made by sections 1002, 1003, and 1004 [enacting section 3334 of this title and amending this section and sections 3702 and 3712 of this title], including the recertification of Treasury checks which have been canceled or for which a claim has been asserted or barred.”