
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: 31USC3712]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
                           CHAPTER 37--CLAIMS
 
          SUBCHAPTER II--CLAIMS OF THE UNITED STATES GOVERNMENT
 
Sec. 3712. Time limitations for presenting certain claims of the 
        Government
        
    (a) Claims Over Forged or Unauthorized Endorsements.--
        (1) Period for claims.--If the Secretary of the Treasury 
    determines that a Treasury check has been paid over a forged or 
    unauthorized endorsement, the Secretary may reclaim the amount of 
    such check from the presenting bank or any other endorser that has 
    breached its guarantee of endorsements prior to--
            (A) the end of the 1-year period beginning on the date of 
        payment; or
            (B) the expiration of the 180-day period beginning on the 
        close of the period described in subparagraph (A) if a timely 
        claim is received under section 3702.

        (2) Civil actions.--(A) Except as provided in subparagraph (B), 
    the United States may bring a civil action to enforce the liability 
    of an endorser, transferor, depository, or fiscal agent on a forged 
    or unauthorized signature or endorsement on, or a change in, a check 
    or warrant issued by the Secretary of the Treasury, the United 
    States Postal Service, or any disbursing official or agent not later 
    than 1 year after a check or warrant is presented to the drawee for 
    payment.
        (B) If the United States has given an endorser written notice of 
    a claim against the endorser within the time allowed by subparagraph 
    (A), the 1-year period for bringing a civil action on that claim 
    under subparagraph (A) shall be extended by 3 years.
        (3) Effect on agency authority.--Nothing in this subsection 
    shall be construed to limit the authority of any agency under 
    subchapter II of chapter 37 of this title.

    (b) Notwithstanding subsection (a) of this section, a civil action 
may be brought within 2 years after the claim is discovered when an 
endorser, transferor, depositary, or fiscal agent fraudulently conceals 
the claim from an officer or employee of the Government entitled to 
bring the civil action.
    (c) The Comptroller General shall credit the appropriate account of 
the Treasury for the amount of a check or warrant for which a civil 
action cannot be brought because notice was not given within the time 
required under subsection (a) of this section if the failure to give 
notice was not the result of negligence of the Secretary.
    (d) The Government waives all claims against a person arising from 
dual pay from the Government if the dual pay is not reported to the 
Comptroller General for collection within 6 years from the last date of 
a period of dual pay.
    (e) Treasury Check Offset.--
        (1) In general.--To facilitate collection of amounts owed by 
    presenting banks pursuant to subsection (a) or (b), upon the 
    direction of the Secretary, a Federal reserve bank shall withhold 
    credit from banks presenting Treasury checks for ultimate charge to 
    the account of the United States Treasury. By presenting Treasury 
    checks for payment a presenting bank is deemed to authorize this 
    offset.
        (2) Attempt to collect required.--Prior to directing offset 
    under subsection (a)(1), the Secretary shall first attempt to 
    collect amounts owed in the manner provided by sections 3711 and 
    3716.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 971; Pub. L. 100-86, title X, 
Sec. 1004(a), Aug. 10, 1987, 101 Stat. 659; Pub. L. 104-134, title III, 
Sec. 31001(d)(4), Apr. 26, 1996, 110 Stat. 1321-362.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3712(a)..............................  31:129.                         Mar. 6, 
1946, ch. 48, Sec.  1, 60 Stat.
                                                                        31; Aug
. 28, 1957, Pub. L. 85-183, Sec.
                                                                        3(b), 7
1 Stat. 465; Aug. 12, 1970, Pub.
                                                                        L. 91-3
75, Sec.  6(l)(2), 84 Stat. 782.
3712(b)..............................  31:131.                         Mar. 6, 
1946, ch. 48, Secs.  2, 3, 60
                                                                        Stat. 3
1.
3712(c)..............................  31:130.
3712(d)..............................  31:237a.                        Aug. 28,
 1954, ch. 1035, 68 Stat. 890.
-------------------------------------------------------------------------------
---------------------------------

    In the section, the words ``Comptroller General'' are substituted 
for ``General Accounting Office'' for consistency.
    In subsection (a), the words ``civil action'' are substituted for 
``proceeding in any court'', ``court proceeding'', and ``proceeding'', 
and the word ``fiscal'' is substituted for ``financial'', for 
consistency in the revised title and with other titles of the United 
States Code. The words ``Except as provided in this subsection'' are 
added for clarity. The words ``or by an agency or official of the United 
States'' are omitted as surplus. The words ``the Postmaster General'' 
are omitted because of section 4(a) of the Postal Reorganization Act 
(Pub. L. 91-375, 84 Stat. 773). The words ``the Treasurer and Assistant 
Treasurers of the United States'' are omitted 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). The word 
``official'' is substituted for ``officers'' for consistency in the 
revised title and with other titles of the Code. The words ``of the 
United States'', ``to the Treasurer of the United States or other 
drawee'', and ``of such check, checks, warrant, or warrants'' are 
omitted as surplus. The text of 31:129(last sentence less proviso) is 
omitted as unnecessary. The last sentence is substituted for 31:129(last 
sentence proviso) to eliminate unnecessary words.
    In subsection (b), the words ``at any time'' in 31:131 are omitted 
as surplus. The words ``the claim is discovered'' are substituted for 
``the United States or any agency or official of the United States who 
is entitled to bring the same shall discover that the United States or 
any agency or official of the United States had such cause of action'' 
to eliminate unnecessary words. The words ``who is liable to any of the 
actions mentioned in sections 129 to 131 of this title'' are omitted as 
surplus. The words ``officer or employee of the Government'' are 
substituted for ``United States or any agency or official of the United 
States'' before ``entitled'' for consistency in the revised title and 
with other titles of the Code. The words ``although such action would be 
otherwise barred by the provisions of sections 129 to 131 of this 
title'' are omitted as surplus.
    In subsection (c), the words ``of the United States'' and ``allow . 
. . in'' are omitted as surplus. The word ``appropriate'' is added for 
clarity. The word ``Treasury'' is substituted for ``Treasurer of the 
United States'' before ``for the amount'' 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). The words 
``cannot be brought because notice was not given within the time 
required under this subsection'' are substituted for ``shall have been 
barred pursuant to the provisions of sections 129 to 131 of this title 
upon a showing that the barring of such proceedings . . . required by 
the provision of section 129 of this title'' for clarity. The word 
``Secretary'' is substituted for ``Treasurer of the United States'' 
before ``in failing'' because of the source provisions restated in 
section 321 of the revised title and Department of the Treasury Order 
229 of January 14, 1974.
    In subsection (d), the words ``arising from dual pay'' are 
substituted for ``arising out of the receipt by such person of 
compensation . . . in violation of any provision of law prohibiting or 
restricting the receipt of dual compensation'' to eliminate unnecessary 
words and for consistency in the revised title and with other titles of 
the Code. The words ``including Government owned or controlled 
corporations'' are omitted as unnecessary. The words ``or from the 
government of the District of Columbia'' are omitted because of sections 
102(a), 448, 449, and 761 of the District of Columbia Self-Government 
and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 777, 801, 
836).


                               Amendments

    1996--Subsec. (e). Pub. L. 104-134 added subsec. (e).
    1987--Subsec. (a). Pub. L. 100-86 amended subsec. (a) generally. 
Prior to amendment, subsec. (a) read as follows: ``Except as provided in 
this subsection, the United States Government must bring a civil action 
to enforce the liability of an endorser, transferor, depositary, or 
fiscal agent on a forged or unauthorized signature or endorsement on, or 
a change in, a check or warrant issued by the Secretary of the Treasury, 
the United States Postal Service, or a disbursing official or agent 
within 6 years after the check or warrant is presented to the drawee of 
the check or warrant for payment unless, within that period, written 
notice of the claim is given to the endorser, transferor, depositary, or 
fiscal agent. The period for bringing a civil action or giving notice is 
extended for 180 days if a claim is received under section 3702(c) of 
this title.''


                    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.


                               Regulations

    For provision permitting Secretary of the Treasury to prescribe 
rules, regulations, and procedures as necessary to implement amendment 
by section 1004(a) 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.
