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Title 31 — Money and Finance

Chapter 33 — Depositing, Keeping, and Paying Money

§ 3333. Relief for payments made without negligence

Statutory text

(a)
(1)

The Secretary of the Treasury is not liable for a payment made by the Secretary or depositary in due course and without negligence, of—

(A)

a check, draft, or warrant drawn on the Treasury or the depositary;

(B)

an electronic payment issued by the Treasury or the depositary; and

(C)

a debt obligation guaranteed or assumed by the United States Government.

(2)

The Comptroller General shall credit the accounts of the Treasury or the depositary for the payment.

(3)

The amount of the relief and the amount of any relief granted to an official or agent of the Department of the Treasury under 31 U.S.C. 3527, shall be charged to the Check Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a loss for which replacement is made out of the fund shall be credited to the fund and is available for the purposes for which the fund was established.

(b)

This section does not relieve another individual from civil or criminal liability for a check, draft, warrant, or debt obligation of the Government.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 97–258 · 96 Stat. 956

    Enacted · 31 U.S.C. § 3333

    Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 956

    Source evidence

    Code source credit
    Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 956

  2. Department of Commerce and Related Agencies Appropriations Act, 2005

    Pub. L. 108–447 § 220(a)(1) · 118 Stat. 2809

    Amended · 31 U.S.C. § 3333(a)(1)

    Pub. L. 108–447, § 220(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follow: “The Secretary of the Treasury is not liable for a payment made by the Secretary or depositary in due course and without negligence, of a—

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–447, § 220(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follow: “The Secretary of the Treasury is not liable for a payment made by the Secretary or depositary in due course and without negligence, of a—

    “(A) check, draft, or warrant drawn on the Treasury or the depositary; and “(B) debt obligation guaranteed or assumed by the United States Government.”

    Enacted provision · exact public law section
    Sec. 220. None of the funds appropriated in this Act or any other Act may be used to disqualify any community which was a participant in the Bering Sea Community Development Quota program on January 1, 2004, from continuing to receive quota allocations under that program.

  3. Department of Commerce and Related Agencies Appropriations Act, 2005

    Pub. L. 108–447 § 220(a)(2) · 118 Stat. 2809

    Added · 31 U.S.C. § 3333(a)(3)

    Pub. L. 108–447, § 220(a)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 108–447, § 220(a)(2), added par. (3).

    Enacted provision · exact public law section
    Sec. 220. None of the funds appropriated in this Act or any other Act may be used to disqualify any community which was a participant in the Bering Sea Community Development Quota program on January 1, 2004, from continuing to receive quota allocations under that program.

  4. Energy and Water Development and Related Agencies Appropriations Act, 2008

    Pub. L. 110–161 div. D title I § 119 · 121 Stat. 1844

    1. Added · 31 U.S.C. § 3333(a)(3)

      Pub. L. 110–161 added par. (3)

    2. Struck · 31 U.S.C. § 3333(a)(3)

      Pub. L. 110–161 struck out former par. (3) which read as follows: “The amount of the relief shall be charged to the Check Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a loss for which replacement is made out of the fund shall be credited to the fund and is available for the purposes for which the fund was established.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 110–161 added par. (3) and struck out former par. (3) which read as follows: “The amount of the relief shall be charged to the Check Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a loss for which replacement is made out of the fund shall be credited to the fund and is available for the purposes for which the fund was established.”

    Enacted provision · exact public law section
    Sec. 119. Section 219(f) of the Water Resources Development Act of 1992 (Public Law 102–580, 106 Stat. 4835 et seq.), as amended, is further amended by striking subsection “(71) Coronado, California”, in its entirety and inserting the following: “(71) Coronado, california. “(A) $10,000,000 is authorized for wastewater infrastructure, Coronado, California. “(B) The Federal Share may be in the form of grants or reimbursements of project costs incurred by the non- Federal sponsor for work performed by the non-Federal sponsor before or after the execution of a project cooperation agreement, if the Secretary determines that such work is integral to the project. “(C) The Secretary is authorized to credit towards the non-Federal share of project costs the costs incurred by the non-Federal sponsor for work performed by the non-Federal sponsor before or after the execution of a project cooperation agreement, if the Secretary determines that such work is integral to the project.”

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
3333(a)31:156(less proviso).Aug. 4, 1947, ch. 455, § 3, 61 Stat. 730.
3333(b)31:156(proviso).

In subsection (a)(1), before clause (A), the words “Secretary of the Treasury” are substituted for “Treasurer” before “is not liable” because of the source provisions restated in section 321(c) of the revised title. The word “depositary” is substituted for “upon the Treasurer of the United States through any Federal Reserve Bank” for consistency in the revised title. The words “Whenever . . . heretofore has been or hereafter” and “or on behalf of” are omitted as surplus. In clause (A), the word “Treasury” is substituted for “Treasurer of the United States” after “drawn upon the” because of the source provisions restated in section 321 of the revised title and Department of the Treasury Order 229 of (39 F.R. 2280). In clause (B), the words “public . . . of the United States, including any obligation of any type whatever, the payment of which is” are omitted as surplus.

In subsection (a)(2), the words “of the United States” are omitted as unnecessary. The words “of the Treasury or the depositary” are substituted for “Treasurer’s” because of the restatement.

In subsection (b), the words “another individual” are substituted for “any person, other than the Treasurer of the United States” to eliminate unnecessary words. The words “now existing or which may hereafter exist” are omitted as unnecessary.

Editorial Notes

Amendments2004–2007 · 2 rounds

2007

Subsec. (a)(3). Pub. L. 110–161 added par. (3) and struck out former par. (3) which read as follows: “The amount of the relief shall be charged to the Check Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a loss for which replacement is made out of the fund shall be credited to the fund and is available for the purposes for which the fund was established.”

2004

Subsec. (a)(1). Pub. L. 108–447, § 220(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follow: “The Secretary of the Treasury is not liable for a payment made by the Secretary or depositary in due course and without negligence, of a—

“(A) check, draft, or warrant drawn on the Treasury or the depositary; and

“(B) debt obligation guaranteed or assumed by the United States Government.”

Subsec. (a)(3). Pub. L. 108–447, § 220(a)(2), added par. (3).

Credits

1982–2007 · 3 acts
  1. 1982Pub. L. 97–258, , 96 Stat. 956
  2. 2004Pub. L. 108–447, div. H, title II, § 220(a), , 118 Stat. 3242
  3. 2007Pub. L. 110–161, div. D, title I, § 119, , 121 Stat. 1979.
Show as published

(Pub. L. 97–258, , 96 Stat. 956; Pub. L. 108–447, div. H, title II, § 220(a), , 118 Stat. 3242; Pub. L. 110–161, div. D, title I, § 119, , 121 Stat. 1979.)

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USLM identifier /us/usc/t31/s3333