§ 3702. Authority to settle claims

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. 1982

   Pub. L. 97–258 · 96 Stat. 970

   Enacted · 31 U.S.C. § 3702

   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 970

   Source evidence

   Code source credit
   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 970

2. 1983

   Pub. L. 97–452 § 1(14) · 96 Stat. 2467

   Inserted · 31 U.S.C. § 3702(b)(2)

   Pub. L. 97–452 inserted “this” before “subsection”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 97–452 inserted “this” before “subsection”.

   Enacted provision · exact public law section
   (14) Ante, p. 970. Section 3702(b)(2) is amended by inserting “this” before “subsection”.

3. 1987

   Competitive Equality Banking Act of 1987

   Pub. L. 100–86 title X § 1004(b) · 101 Stat. 552

   Amended · 31 U.S.C. § 3702(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) Claims Presented to Agencies.— Section 3702(c) of title 31, United States Code, is amended to read as follows: “(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.”.

4. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title VI § 608 · 110 Stat. 2422

   Added · 31 U.S.C. § 3702(e)

   Pub. L. 104–201 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–201 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 608. WAIVER OF TIME LIMITATIONS FOR CLAIM FOR PAY AND ALLOWANCES. Section 3702 of title 31, United States Code, is amended by adding at the end the following new subsection: “(e) (1) Upon the request of the Secretary concerned (as defined in section 101 of title 37, United States Code), the Comptroller General may waive the time limitations set forth in subsection (b) or (c) in the case of a claim for pay or allowances provided under title 37 and, subject to paragraph (2), settle the claim. “(2) Payment of a claim settled under paragraph (1) shall be subject to the availability of appropriations for payment of that particular claim. “(3) This subsection does not apply to a claim in excess of $25,000.”.

5. 1996

   General Accounting Office Act of 1996

   Pub. L. 104–316 § 202(n)(1)(A) · 110 Stat. 3826

   Struck · 31 U.S.C. § 3702

   Pub. L. 104–316, § 202(n)(1)(A), struck out “of the Comptroller General” after “Authority” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 104–316, § 202(n)(1)(A), struck out “of the Comptroller General” after “Authority” in section catchline.

   Enacted provision · exact public law section
   (A) in the heading by striking “of the Comptroller General”;

6. 1996

   General Accounting Office Act of 1996

   Pub. L. 104–316 § 202(n)(1)(B) · 110 Stat. 3826

   Amended · 31 U.S.C. § 3702(a)

   Pub. L. 104–316, § 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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–316, § 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.”

   Enacted provision · exact public law section
   (B) by amending subsection (a) to read as follows: “(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, 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.”;

7. 1996

   General Accounting Office Act of 1996

   Pub. L. 104–316 § 202(n)(1)(C) · 110 Stat. 3826

   Substituted · 31 U.S.C. § 3702(b)(1)

   Pub. L. 104–316, § 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—”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–316, § 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—”.

   Enacted provision · exact public law section
   (C) in subsection (b)(1), by amending that portion of the second sentence preceding subparagraph (A) to read “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—”;

8. 1996

   General Accounting Office Act of 1996

   Pub. L. 104–316 § 202(n)(1)(D) · 110 Stat. 3826

   1. Substituted · 31 U.S.C. § 3702(b)(2)

      Pub. L. 104–316, § 202(n)(1)(D), substituted “received” for “presented to the Comptroller General”

   2. Substituted · 31 U.S.C. § 3702(b)(2)

      Pub. L. 104–316, § 202(n)(1)(D), substituted “in paragraph” for “in clause”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–316, § 202(n)(1)(D), substituted “received” for “presented to the Comptroller General” and “in paragraph” for “in clause”.

   Enacted provision · exact public law section
   (D) in subsection (b)(2) by striking “presented to the Comptroller General” and inserting “received”, and by striking “clause” and inserting “paragraph”;

9. 1996

   General Accounting Office Act of 1996

   Pub. L. 104–316 § 202(n)(1)(E) · 110 Stat. 3826

   Amended · 31 U.S.C. § 3702(b)(3)

   Pub. L. 104–316, § 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.”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 104–316, § 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.”

   Enacted provision · exact public law section
   (E) by amending subsection (b)(3) to read as follows: “(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.”; and

10. 1996

    General Accounting Office Act of 1996

    Pub. L. 104–316 § 202(n)(1)(F) · 110 Stat. 3826

    1. Substituted · 31 U.S.C. § 3702(d)

       Pub. L. 104–316, § 202(n)(1)(F), substituted “official responsible under subsection (a) for settling the claim” for “Comptroller General” before “believes” and before period at end

    2. Substituted · 31 U.S.C. § 3702(d)

       Pub. L. 104–316, § 202(n)(1)(F), substituted “official” for “Comptroller General” before “believes” and before period at end

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–316, § 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.

    Enacted provision · exact public law section
    (F) in subsection (d), by striking “Comptroller General” the first place it appears and inserting “official responsible under subsection (a) for settling the claim”; and by striking “Comptroller General” every other place it appears and inserting “official”.

11. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 1012(1) · 111 Stat. 1629

    Substituted · 31 U.S.C. § 3702(e)(1)

    Pub. L. 105–85, § 1012(1), substituted “Secretary of Defense” for “Comptroller General”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 105–85, § 1012(1), substituted “Secretary of Defense” for “Comptroller General”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking out “Comptroller General” and inserting in lieu thereof “Secretary of Defense”; and

12. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 1012(2) · 111 Stat. 1629

    1. Added · 31 U.S.C. § 3702(e)(2)

       Pub. L. 105–85, § 1012(2), added par. (2)

    2. Struck · 31 U.S.C. § 3702(e)(2)

       Pub. L. 105–85, § 1012(2), 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.”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 105–85, § 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.”

    Enacted provision · exact public law section
    (2) by striking out paragraph (2) and inserting in lieu thereof the following new paragraph: “(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.”.

13. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Inserted · 31 U.S.C. § 3702(a)(1)(A)

    Pub. L. 106–398, § 1 [[div. A], title VI, § 664(a)], inserted “payments for unused accrued leave,” after “transportation,”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 106–398, § 1 [[div. A], title VI, § 664(a)], inserted “payments for unused accrued leave,” after “transportation,”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

14. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 31 U.S.C. § 3702(e)(1)

    Pub. L. 106–398, § 1 [[div. A], title VI, § 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”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 106–398, § 1 [[div. A], title VI, § 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”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

15. 2002

    Pub. L. 107–314 § 635(b)(1) · 116 Stat. 2458

    1. Substituted · 31 U.S.C. § 3702(e)(1)

       Pub. L. 107–314, § 635(b)(1), substituted “The Secretary of Defense” for “Upon the request of the Secretary concerned (as defined in section 101 of title 37, United States Code), the Secretary of Defense”

    2. Struck · 31 U.S.C. § 3702(e)(1)

       Pub. L. 107–314, § 635(b)(1), struck out “and, subject to paragraph (2), settle the claim” before period at end of first sentence

    3. Inserted · 31 U.S.C. § 3702(e)(1)

       Pub. L. 107–314, § 635(b)(1), inserted at end “In the case of a claim by or with respect to a member of the uniformed services who is not under the jurisdiction of the Secretary of a military department, such a waiver may be made only upon the request of the Secretary concerned (as defined in section 101 of title 37).”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 107–314, § 635(b)(1), substituted “The Secretary of Defense” for “Upon the request of the Secretary concerned (as defined in section 101 of title 37, United States Code), the Secretary of Defense”, struck out “and, subject to paragraph (2), settle the claim” before period at end of first sentence, and inserted at end “In the case of a claim by or with respect to a member of the uniformed services who is not under the jurisdiction of the Secretary of a military department, such a waiver may be made only upon the request of the Secretary concerned (as defined in section 101 of title 37).”

    Enacted provision · exact public law section
    (1) Such paragraph is further amended— (A) by striking “Upon the request” and all that follows through “the Secretary of Defense” and inserting “The Secretary of Defense”; (B) by striking “and, subject to paragraph (2), settle the claim”; and (C) by adding at the end the following new sentence: “In the case of a claim by or with respect to a member of the uniformed services who is not under the jurisdiction of the Secretary of a military department, such a waiver may be made only upon the request of the Secretary concerned (as defined in section 101 of title 37).”.

    Effective date note
    Pub. L. 109–163, div. A, title X, § 1056(e)(2), Jan. 6, 2006, 119 Stat. 3440, as amended by Pub. L. 111–383, div. A, title X, § 1075(h)(3), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment by section 1056(e)(2) is effective as of Dec. 2, 2002, and as if included in Pub. L. 107–314 as enacted.

16. 2002

    Pub. L. 107–314 § 635(a) · 116 Stat. 2458

    1. Amended · 31 U.S.C. § 3702(e)(1)

       Pub. L. 107–314, § 635(a), as amended by Pub. L. 109–163

    2. Substituted · 31 U.S.C. § 3702(e)(1)

       Pub. L. 107–314, § 635(a), as substituted “a claim referred to in subsection (a)(1)(A)” for “a claim for pay, allowances, or payment for unused accrued leave under title 37 or a claim for retired pay under title 10”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–314, § 635(a), as amended by Pub. L. 109–163, substituted “a claim referred to in subsection (a)(1)(A)” for “a claim for pay, allowances, or payment for unused accrued leave under title 37 or a claim for retired pay under title 10”.

    Enacted provision · exact public law section
    (a) Authority for Waiver of Time Limitations.— Paragraph (1) of section 3702(e) of title 31, United States Code, is amended by striking “a claim” and all that follows through “title 10” and inserting “a claim referred to in subsection (a)(1)(A)”.

    Effective date note
    Pub. L. 109–163, div. A, title X, § 1056(e)(2), Jan. 6, 2006, 119 Stat. 3440, as amended by Pub. L. 111–383, div. A, title X, § 1075(h)(3), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment by section 1056(e)(2) is effective as of Dec. 2, 2002, and as if included in Pub. L. 107–314 as enacted.

17. 2002

    Pub. L. 107–314 § 635(b)(2) · 116 Stat. 2458

    1. Substituted · 31 U.S.C. § 3702(e)(2)

       Pub. L. 107–314, § 635(b)(2), substituted “under subsection (a)(1)(A)” for “under paragraph (1)”

    2. Inserted · 31 U.S.C. § 3702(e)(2)

       Pub. L. 107–314, § 635(b)(2), inserted before period at end “, except that in the case of a claim for retired pay or survivor benefits, if the obligation claimed would have been paid from a trust fund if timely paid, the payment of the claim shall be made from that trust fund”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 107–314, § 635(b)(2), substituted “under subsection (a)(1)(A)” for “under paragraph (1)” and inserted before period at end “, except that in the case of a claim for retired pay or survivor benefits, if the obligation claimed would have been paid from a trust fund if timely paid, the payment of the claim shall be made from that trust fund”.

    Enacted provision · exact public law section
    (2) Paragraph (2) of such section is amended— (A) by striking “under paragraph (1)’ and inserting “under subsection (a)(1)(A)”; and (B) by inserting before the period at the end the following: “, except that in the case of a claim for retired pay or survivor benefits, if the obligation claimed would have been paid from a trust fund if timely paid, the payment of the claim shall be made from that trust fund”.

    Effective date note
    Pub. L. 109–163, div. A, title X, § 1056(e)(2), Jan. 6, 2006, 119 Stat. 3440, as amended by Pub. L. 111–383, div. A, title X, § 1075(h)(3), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment by section 1056(e)(2) is effective as of Dec. 2, 2002, and as if included in Pub. L. 107–314 as enacted.

18. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title X § 1056(e)(2) · 119 Stat. 3136

    Amended · 31 U.S.C. § 3702(e)(1)

    Pub. L. 109–163 amended directory language of Pub. L. 107–314, § 635(a). See 2002 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 109–163 amended directory language of Pub. L. 107–314, § 635(a). See 2002 Amendment note below.

    Enacted provision · exact public law section
    (2) Section 635(a) (116 Stat. 2574) is 10 USC 3702. amended by inserting “the first place it appears” after “by striking ‘a claim’ ”.

    Effective date note
    Pub. L. 109–163, div. A, title X, § 1056(e)(2), Jan. 6, 2006, 119 Stat. 3440, as amended by Pub. L. 111–383, div. A, title X, § 1075(h)(3), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment by section 1056(e)(2) is effective as of Dec. 2, 2002, and as if included in Pub. L. 107–314 as enacted.

24 of 25 references resolved to an enrolled provision · 1 partial