
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-398 Section 1[664]]
[CITE: 31USC3702]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
                           CHAPTER 37--CLAIMS
 
                          SUBCHAPTER I--GENERAL
 
Sec. 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 (1) of this subsection, whichever is later.
    (3) A claim that is not received in the time required under this 
subsection shall be returned with a copy of this subsection, and no 
further communication is required.
    (c) One-Year Limit for Check Claims.--(1) Any claim on account of a 
Treasury check shall be barred unless it is presented to the agency that 
authorized the issuance of such check within 1 year after the date of 
issuance of the check or the effective date of this subsection, 
whichever is later.
    (2) Nothing in this subsection affects the underlying obligation of 
the United States, or any agency thereof, for which a Treasury check was 
issued.
    (d) The official responsible under subsection (a) for settling the 
claim shall report to Congress on a claim against the Government that is 
timely presented under this section that may not be adjusted by using an 
existing appropriation, and that the official believes Congress should 
consider for legal or equitable reasons. The report shall include 
recommendations of the official.
    (e)(1) Upon the request of the Secretary concerned (as defined in 
section 101 of title 37, United States Code), the Secretary of Defense 
may waive the time limitations set forth in subsection (b) or (c) in the 
case of a claim for pay, allowances, or payment for unused accrued leave 
under title 37 or a claim for retired pay under title 10 and, subject to 
paragraph (2), settle the claim.
    (2) Payment of a claim settled under paragraph (1) shall be made 
from an appropriation that is available, for the fiscal year in which 
the payment is made, for the same purpose as the appropriation to which 
the obligation claimed would have been charged if the obligation had 
been timely paid.
    (3) This subsection does not apply to a claim in excess of $25,000.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 970; Pub. L. 97-452, 
Sec. 1(14), Jan. 12, 1983, 96 Stat. 2470; Pub. L. 100-86, title X, 
Sec. 1004(b), Aug. 10, 1987, 101 Stat. 659; Pub. L. 104-201, div. A, 
title VI, Sec. 608, Sept. 23, 1996, 110 Stat. 2542; Pub. L. 104-316, 
title II, Sec. 202(n)(1), Oct. 19, 1996, 110 Stat. 3843; Pub. L. 105-85, 
div. A, title X, Sec. 1012, Nov. 18, 1997, 111 Stat. 1874; Pub. L. 106-
398, Sec. 1 [[div. A], title VI, Sec. 664], Oct. 30, 2000, 114 Stat. 
1654, 1654A-168.)

                                          Historical and Revision Notes
                                                    1982 Act
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3702(a)..............................  31:44(1st sentence).            June 10,
 1921, ch. 18, Sec.  304(1st par.
                                                                        1st sen
tence), 42 Stat. 24.
                                       31:71(related to claims).       R.S. Sec
.  236(related to claims); June
                                                                        10, 192
1, ch. 18, Sec.  305, 42 Stat.
                                                                        24.
                                       31:86.                          July 31,
 1894, ch. 174, Sec.  14, 28
                                                                        Stat. 2
10.
3702(b)(1)...........................  31:71a(1)(less proviso).        Oct. 9, 
1940, ch. 788, 54 Stat. 1061;
                                                                        Jan. 2,
 1975, Pub. L. 93-604, Sec.  801,
                                                                        88 Stat
. 1965.
                                       31:237(1)(less proviso).
3702(b)(2)...........................  31:71a(1)(proviso).
                                       31:237(1)(proviso).
3702(b)(3)...........................  31:71a(2).
                                       31:237(2).
3702(c)..............................  31:122.                         June 22,
 1926, ch. 650, Sec.  2, 44 Stat.
                                                                        761; Au
g. 28, 1957, Pub. L. 85-183, Sec.
                                                                         3(a), 
71 Stat. 465.
3702(d)..............................  31:236.                         Apr. 10,
 1928, ch. 334, 45 Stat. 413.
-------------------------------------------------------------------------------
---------------------------------

    In the section, the words ``Comptroller General'' are substituted 
for ``General Accounting Office'' for consistency.
    In subsection (a), the words ``Except as provided in this chapter or 
another law'' are added for clarity. The words ``and demands whatever'' 
and ``and adjusted'' are omitted as surplus. The words ``officers or 
employees of the General Accounting Office'' are substituted for ``of 
his subordinates'' for clarity and consistency in the revised title and 
with other titles of the United States Code.
    In subsection (b)(1), before clause (A), the words ``or demand'' are 
omitted as surplus. The word ``Government'' is substituted for ``United 
States'' for consistency in the revised title and with other titles of 
the Code. The word ``representative'' is substituted for ``agent or 
attorney'' to eliminate unnecessary words. The words ``received by the 
Comptroller General'' are substituted for ``received in said office'' 
for clarity and consistency. The words ``the date'' are omitted as 
surplus. Clause (A) is added for clarity. In clause (B), the words 
``cognizable by the General Accounting Office under sections 71 and 236 
of this title'' are omitted as unnecessary because of the restatement.
    In subsection (b)(2), the words ``member of the armed forces'' are 
substituted for ``person serving in the military or naval forces of the 
United States'' for consistency with title 10. The words ``to the 
Comptroller General'' are added for clarity.
    In subsection (b)(3), the words ``to the claimant'' are omitted as 
surplus. The words ``not received in the time required'' are substituted 
for ``barred by'' because of the restatement. The words ``no further 
communication is required'' are substituted for ``such action shall be a 
complete response without further communication'' to eliminate 
unnecessary words.
    In subsection (c), the text of 31:122(1st sentence words before 2d 
comma and last sentence) is omitted as executed. The words ``Secretary 
of the Treasury'' are substituted for ``Treasury Department'' for 
consistency. The word ``Secretary'' is substituted for ``Treasurer of 
the United States'' because of Department of the Treasury Order 229 of 
January 14, 1974 (39 F.R. 2280).
    In subsection (d), the words ``report . . . on'' are substituted for 
``submit the same . . . by a special report . . . the material facts'' 
to eliminate unnecessary words. The words ``or demand'' are omitted as 
surplus. The word ``Government'' is substituted for ``United States'', 
and the words ``presented under this section'' are substituted for 
``filed in the General Accounting Office'' for consistency. The words 
``lawfully'', ``the use of'', and ``thereon'' are omitted as surplus.

                            1983 Act

    This amends 31:3702(b)(2) by inserting a word inadvertently omitted 
in the codification of title 31.

                       References in Text

    The effective date of this subsection, referred to in subsec. 
(c)(1), probably means the effective date of subsec. (c) of this section 
as amended by section 1004(b) of Pub. 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 Effective Date of 1987 
Amendment note below.


                               Amendments

    2000--Subsec. (a)(1)(A). Pub. L. 106-398, Sec. 1 [[div. A], title 
VI, Sec. 664(a)], inserted ``payments for unused accrued leave,'' after 
``transportation,''.
    Subsec. (e)(1). Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 664(b)], substituted ``claim for pay, allowances, or payment for 
unused accrued leave under title 37 or a claim for retired pay under 
title 10'' for ``claim for pay or allowances provided under title 37''.
    1997--Subsec. (e)(1). Pub. L. 105-85, Sec. 1012(1), substituted 
``Secretary of Defense'' for ``Comptroller General''.
    Subsec. (e)(2). Pub. L. 105-85, Sec. 1012(2), added par. (2) and 
struck out former par. (2) which read as follows: ``Payment of a claim 
settled under paragraph (1) shall be subject to the availability of 
appropriations for payment of that particular claim.''
    1996--Pub. L. 104-316, Sec. 202(n)(1)(A), struck out ``of the 
Comptroller General'' after ``Authority'' in section catchline.
    Subsec. (a). Pub. L. 104-316, Sec. 202(n)(1)(B), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``Except as 
provided in this chapter or another law, the Comptroller General shall 
settle all claims of or against the United States Government. A claim 
that was not administratively examined before submission to the 
Comptroller General shall be examined by 2 officers or employees of the 
General Accounting Office independently of each other.''
    Subsec. (b)(1). Pub. L. 104-316, Sec. 202(n)(1)(C), in introductory 
provisions substituted ``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--'' for ``The claim must be received by 
the Comptroller General within 6 years after the claim accrues except--
''.
    Subsec. (b)(2). Pub. L. 104-316, Sec. 202(n)(1)(D), substituted 
``received'' for ``presented to the Comptroller General'' and ``in 
paragraph'' for ``in clause''.
    Subsec. (b)(3). Pub. L. 104-316, Sec. 202(n)(1)(E), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``The 
Comptroller General shall return a claim not received in the time 
required under this subsection with a copy of this subsection and no 
further communication is required.''
    Subsec. (d). Pub. L. 104-316, Sec. 202(n)(1)(F), substituted 
``official responsible under subsection (a) for settling the claim'' for 
``Comptroller General'' before ``shall report to Congress'' and 
``official'' for ``Comptroller General'' before ``believes'' and before 
period at end.
    Subsec. (e). Pub. L. 104-201 added subsec. (e).
    1987--Subsec. (c). Pub. L. 100-86 amended subsec. (c) generally. 
Prior to amendment, subsec. (c) read as follows: ``A claim on a check or 
warrant that the records of the Comptroller General or the Secretary of 
the Treasury show as being paid must be presented to the Comptroller 
General or the Secretary within 6 years after the check or warrant was 
issued.''
    1983--Subsec. (b)(2). Pub. L. 97-452 inserted ``this'' before 
``subsection''.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-86 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 Pub. L. 100-86, set out as a note under 
section 3328 of this title.


                    Effective Date of 1983 Amendment

    Amendment effective Sept. 13, 1982, see section 2(i) of Pub. L. 97-
452, set out as a note under section 3331 of this title.


                               Regulations

    For provision permitting Secretary of the Treasury to prescribe 
rules, regulations, and procedures as necessary to implement amendment 
by section 1004(b) of Pub. L. 100-86, including recertification of 
Treasury checks which have been canceled or for which a claim has been 
asserted or barred, see section 1005 of Pub. L. 100-86, set out as a 
note under section 3328 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3328, 3712 of this title; 
title 16 section 831h.
