
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: 31USC3331]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
            CHAPTER 33--DEPOSITING, KEEPING, AND PAYING MONEY
 
                         SUBCHAPTER II--PAYMENTS
 
Sec. 3331. Substitute checks

    (a) In this section, ``original check''--
        (1) means an order for the payment of money--
            (A) payable on demand;
            (B) that does not bear interest;
            (C) drawn by an authorized disbursing official or agent of 
        the United States Government; and
            (D) the amount of which is deposited with the Treasury or 
        another account available for payment; and

        (2) does not include coins and currency of the Government.

    (b) When the Secretary of the Treasury is satisfied that an original 
check is lost, stolen, destroyed in any part, or is so defaced that the 
value to the owner or holder is impaired, the Secretary may issue a 
substitute check to the owner or holder of the original check. Except as 
provided in subsection (c) or (f) of this section, the substitute check 
is payable from the amount available to pay the original check.
    (c) When the Secretary is satisfied that an original check drawn on 
a depositary in a foreign country or a territory or possession of the 
United States is lost, stolen, destroyed in part, or is so defaced that 
its value to the owner or holder is impaired, the drawer of the original 
check (or another official designated by the Secretary with the approval 
of the head of the agency on whose behalf the original check was issued) 
may issue to the owner or holder of the check a substitute check. The 
drawer or official shall issue the substitute check by the last day of 
the fiscal year after the fiscal year in which the original check was 
issued--
        (1) using the current date; and
        (2) drawn on the account of the drawer of the original check or 
    another account available for payment of the substitute.

    (d) A substitute check issued under this section--
        (1) may be paid only if the original check has not been paid;
        (2) shall include information necessary to identify the original 
    check;
        (3) that is drawn on the Treasury--
            (A) is deemed to be an original check; and
            (B) is paid under the same conditions as the original check; 
        and

        (4) does not relieve a disbursing or certifying official from 
    liability to the Government for payment resulting from erroneously 
    issuing the original check.

    (e) Before issuing a substitute check under this section, the 
Secretary may require the owner or holder of the original check to agree 
to indemnify the Government with security in the form and amount the 
Secretary decides is necessary.
    (f) The Secretary may waive any provision of this section as may be 
necessary to ensure that claimants receive timely payments.
    (g) Under conditions the Secretary may prescribe, the Secretary may 
delegate duties and powers of the Secretary under this section to the 
head of an agency. Consistent with a delegation from the Secretary under 
this subsection, the head of an agency may delegate those duties and 
powers to an officer or employee of the agency.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 955; Pub. L. 97-452, 
Sec. 1(11), Jan. 12, 1983, 96 Stat. 2468; Pub. L. 104-134, title III, 
Sec. 31001(x)(2), Apr. 26, 1996, 110 Stat. 1321-377.)

                                          Historical and Revision Notes
                                                    1982 Act
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3331(a)..............................  31:528(g).                      R.S. Sec
.  3646(a)-(c), (f), (g); Feb.
                                                                        16, 188
5, ch. 123, 23 Stat. 306; Mar.
                                                                        23, 190
6, ch. 1129, 34 Stat. 84; June
                                                                        19, 190
6, ch. 3434, 34 Stat. 301; May
                                                                        27, 190
8, ch. 206(par. beginning on p.
                                                                        415 ame
nding Secs.  3646, 3647), 35
                                                                        Stat. 4
15; Feb. 23, 1909, ch. 174, 35
                                                                        Stat. 6
43; Mar. 21, 1916, ch. 52, 39
                                                                        Stat. 3
7; July 8, 1937, ch. 444, Sec.
                                                                        9, 50 S
tat. 482; Aug. 10, 1939, ch. 665,
                                                                        Secs.  
5-7, 53 Stat. 1359; restated Dec.
                                                                        3, 1945
, ch. 515, Sec.  1, 59 Stat. 592;
                                                                        July 11
, 1947, ch. 222, Sec.  4(c),
                                                                        (d)(rel
ated to Sec.  3646(c)), (e), (f),
                                                                        61 Stat
. 309; Aug. 28, 1957, Pub. L. 85-
                                                                        183, Se
cs.  4, 5(a), (c), 71 Stat. 465;
                                                                        June 6,
 1972, Pub. L. 92-310, Sec.
                                                                        231(s),
 86 Stat. 211; Sept. 22, 1978,
                                                                        Pub. L.
 95-380, 92 Stat. 725.
3331(b)..............................  31:528(a)(less last 28 words
                                        before proviso, proviso).
3331(c)..............................  31:528(c)(1st sentence 1st-
                                        158th words, 171st-195th
                                        words).
3331(d)..............................  31:528(a)(last 28 words before
                                        proviso, proviso), (c)(1st
                                        sentence 159th-170th words,
                                        237th-last words, last
                                        sentence), (f).
3331(e)..............................  31:528(b), (c)(1st sentence
                                        196th-236th words).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``The term . . . 
wherever used'' are omitted as unnecessary. In clause (1), before 
subclause (A), the words ``check, warrant, or other'' are omitted as 
surplus. In subclause (C), the word ``duly'' is omitted as surplus. The 
words ``disbursing official or agent'' are substituted for ``officer or 
agent'' for consistency in the revised title. The words ``any wholly 
owned or mixed-ownership Government corporation'' are omitted as already 
being included in the restated source provisions and because of section 
101 of the revised title. Therefore, the text is not meant to exclude 
employees of wholly owned Government corporations and mixed-ownership 
Government corporations. The words ``the District of Columbia, or the 
District Unemployment Compensation Board'' are omitted because of 
section 448 of the Act of December 24, 1973 (Pub. L. 93-198, 87 Stat. 
801). The words ``or by any entity owned or controlled by the United 
States'' are omitted as unnecessary. In subclause (D), the words ``and 
covered . . . or deposited with the Treasurer of the United States'' are 
omitted as surplus. The words ``or another account available for 
payment'' are added for clarity and consistency in the revised section. 
In clause (2), the word ``money'' is omitted as being covered by ``coins 
and currency''.
    In subsections (b) and (c), the words ``When the Secretary is 
satisfied'' are substituted for ``whenever it is clearly proved to the 
satisfaction of the Secretary'' to eliminate unnecessary words. The 
words ``mutilated or'' are omitted as being covered by ``defaced''.
    In subsection (c), before clause (1), the words ``Notwithstanding 
the provisions of subsections (a) and (b) of this section'' are omitted 
as unnecessary. The words ``including the Panama Canal Zone'' are 
omitted because of the Panama Canal Treaty of 1977. The words ``official 
designated'' are substituted for ``officer or employee of the United 
States as may be authorized'' for consistency in the revised title and 
with other titles of the United States Code. The word ``agency'' is 
substituted for ``department or agency'' because of section 101 of the 
revised title and for consistency. In clause (2), the words ``drawn on'' 
are substituted for ``drawn against'' for consistency in the revised 
chapter.
    In subsection (d)(3), before subclause (A), 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 subsection (d)(4), the word ``official'' is substituted for 
``officer'' for consistency in the revised title and with other titles 
of the United States Code.
    In subsection (e), the words ``surety or'' are omitted as surplus. 
The words ``the receipt and approval by the Secretary of the Treasury 
of'' are omitted because of the restatement.

                            1983 Act

    This restates, as 31:3331(f), section 3646(h) of the Revised 
Statutes that was inadvertently omitted from the codification of title 
31 by the Act of Sept. 13, 1982 (Pub. L. 97-258, 96 Stat. 1084). It 
provides authority for the Secretary of the Treasury to delegate duties 
and powers related to issuing substitute checks to heads of other 
agencies.
    The words ``terms and'' are omitted as surplus. The words ``duties 
and powers'' are substituted for ``power, authority, or discretion'' for 
consistency in the revised title and with other titles of the United 
States Code. The words ``in whole or in part'' are omitted as surplus. 
The words ``to such individuals as he may designate within the Treasury 
Department'' are omitted because of 31:321(b)(2). The word ``agency'' is 
coextensive with and substituted for ``other department or agency of the 
Government or of any Federal Reserve bank'' because of 31:101. The words 
``terms and conditions'' are omitted as surplus.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-134, Sec. 31001(x)(2)(A), substituted 
``subsection (c) or (f)'' for ``subsection (c)''.
    Subsecs. (f), (g). Pub. L. 104-134, Sec. 31001(x)(2)(B), (C), added 
subsec. (f) and redesignated former subsec. (f) as (g).
    1983--Subsec. (f). Pub. L. 97-452 added subsec. (f).


                    Effective Date of 1983 Amendment

    Section 2(i) of Pub. L. 97-452 provided that: ``The amendments made 
by section 1(11), (14), (19), (22), (24), (26), and (27) [amending this 
section and sections 3702, 5103, 5154, 6501, 9101, 9107, and 9108 of 
this title] are effective as of September 13, 1982.''
