§3332 — Title 31 Money and Finance | U.S. Code

Summary

Federal payments must be sent by electronic funds transfer (EFT) instead of paper checks. People who get federal wages, salaries, retirement, vendor, or benefit payments must pick one or more banks or authorized payment agents and give the agency the information needed to send EFTs. An agency can grant a written waiver for an individual. The Treasury Secretary can grant group waivers and can also allow exceptions for hardship or special kinds of payments. Payments to people who start getting certain federal pay or retirement on or after January 1, 1995 were covered by the rule. After the Debt Collection Improvement Act of 1996, payments to anyone who becomes eligible more than 90 days after that law’s enactment must be by EFT unless the person certifies they have no bank account. Beginning January 1, 1999, almost all federal payments are required to be made by EFT unless the Treasury Secretary allows an exception. When money is put into the account a recipient chose, the government is treated as having paid in full. The Treasury can write rules to carry out these requirements and must try to make accounts affordable and give recipients the same consumer protections as other account holders. Definitions (one line each): Electronic funds transfer — an electronic move of money (for example, ACH, Fedwire, ATM, or point-of-sale). Federal agency — an executive agency or a government corporation. Federal payments — includes wages, retirement, vendor reimbursements, and benefits.

Title 31, §3332

Money and Finance — Source: USLM XML via OLRC

(a)(1)Notwithstanding any other provision of law, all Federal wage, salary, and retirement payments shall be paid to recipients of such payments by electronic funds transfer, unless another method has been determined by the Secretary of the Treasury to be appropriate.

(2)Each recipient of Federal wage, salary, or retirement payments shall designate one or more financial institutions or other authorized payment agents and provide the payment certifying or authorizing agency information necessary for the recipient to receive electronic funds transfer payments through each institution so designated.

(b)(1)The head of each agency shall waive the requirements of subsection (a) of this section for a recipient of Federal wage, salary, or retirement payments authorized or certified by the agency upon written request by such recipient.

(2)Federal wage, salary, or retirement payments shall be paid to any recipient granted a waiver under paragraph (1) of this subsection by any method determined appropriate by the Secretary of the Treasury.

(c)(1)The Secretary of the Treasury may waive the requirements of subsection (a) of this section for any group of recipients upon request by the head of an agency under standards prescribed by the Secretary of the Treasury.

(2)Federal wage, salary, or retirement payments shall be paid to any member of a group granted a waiver under paragraph (1) of this subsection by any method determined appropriate by the Secretary of the Treasury.

(d)This section shall apply only to recipients of Federal wage or salary payments who begin to receive such payments on or after January 1, 1995, and recipients of Federal retirement payments who begin to receive such payments on or after January 1, 1995.

(e)(1)Notwithstanding subsections (a) through (d) of this section, section 5120(a) and (d) of title 38, and any other provision of law, all Federal payments to a recipient who becomes eligible for that type of payment after 90 days after the date of the enactment of the Debt Collection Improvement Act of 1996 shall be made by electronic funds transfer.

(2)The head of a Federal agency shall, with respect to Federal payments made or authorized by the agency, waive the application of paragraph (1) to a recipient of those payments upon receipt of written certification from the recipient that the recipient does not have an account with a financial institution or an authorized payment agent.

(f)(1)Notwithstanding any other provision of law (including subsections (a) through (e) of this section and section 5120(a) and (d) of title 38), except as provided in paragraph (2) all Federal payments made after January 1, 1999, shall be made by electronic funds transfer.

(2)(A)The Secretary of the Treasury may waive application of this subsection to payments—

(i)for individuals or classes of individuals for whom compliance imposes a hardship;

(ii)for classifications or types of checks; or

(iii)in other circumstances as may be necessary.

(B)The Secretary of the Treasury shall make determinations under subparagraph (A) based on standards developed by the Secretary.

(g)Each recipient of Federal payments required to be made by electronic funds transfer shall—

(1)designate 1 or more financial institutions or other authorized agents to which such payments shall be made; and

(2)provide to the Federal agency that makes or authorizes the payments information necessary for the recipient to receive electronic funds transfer payments through each institution or agent designated under paragraph (1).

(h)The crediting of the amount of a payment to the appropriate account on the books of a financial institution or other authorized payment agent designated by a payment recipient under this section shall constitute a full acquittance to the United States for the amount of the payment.

(i)(1)The Secretary of the Treasury may prescribe regulations that the Secretary considers necessary to carry out this section.

(2)Regulations under this subsection shall ensure that individuals required under subsection (g) to have an account at a financial institution because of the application of subsection (f)(1)—

(A)will have access to such an account at a reasonable cost; and

(B)are given the same consumer protections with respect to the account as other account holders at the same financial institution.

(j)For purposes of this section—

(1)The term “electronic funds transfer” means any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. The term includes Automated Clearing House transfers, Fed Wire transfers, transfers made at automatic teller machines, and point-of-sale terminals.

(2)The term “Federal agency” means—

(A)an agency (as defined in section 101 of this title); and

(B)a Government corporation (as defined in section 103 of title 5).

(3)The term “Federal payments” includes—

(A)Federal wage, salary, and retirement payments;

(B)vendor and expense reimbursement payments; and

(C)benefit payments.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3332(a)31:492(b)(3).R.S. § 3620(b), (c); added Aug. 28, 1965, Pub. L. 89–145, § 1(2), 79 Stat. 582; restated June 29, 1968, Pub. L. 90–365, 82 Stat. 274; July 19, 1975, Pub. L. 94–57, § 1(a), 89 Stat. 265. 31:492(note).July 19, 1975, Pub. L. 94–57, § 1(b)(1st sentence), (c)(1st sentence), 89 Stat. 265. 3332(b)31:492(b)(1)(1st sentence words before 1st comma, words between 2d comma and proviso). 3332(c)31:492(b)(1)(proviso, last sentence). 31:492(note).July 19, 1975, Pub. L. 94–57, 89 Stat. 265, § 1(b)(2d, last sentences), (c)(2d, last sentences); added Dec. 18, 1975, Pub. L. 94–157, § 109, 89 Stat. 831. 3332(d)31:492(b)(2)(less 32d–43d words). 3332(e)31:492(c). 3332(f)31:492(d)(1st–50th words).R.S. § 3620(d); added Aug. 7, 1972, Pub. L. 92–366, 86 Stat. 506. 3332(g)31:492(b)(1)(1st sentence words between 1st and 2d commas), (2)(32d–43d words), (d)(51st–last words). 31:492(note). In subsection (a), the definition of “agency” is omitted because of section 101 of the revised title. The words “and the municipal government of the District of Columbia” are omitted because of section 448 of the Act of December 24, 1973 (Pub. L. 93–198, 87 Stat. 801). The text of section 1(b)(1st sentence) and (c)(1st sentence) of the Act of July 19, 1975, is omitted as executed. In clause (2), the words “savings bank” are omitted as surplus. In subsections (b)–(f), the words “officer or employee” are substituted for “employee” for consistency in the revised title and with other titles of the United States Code. In subsections (b) and (d), the word “official” is substituted for “officer” for consistency in the revised title and with other titles of the Code. The words “issue a check payable to” are substituted for “make the payment . . . by sending to . . . a check that is drawn in favor of the organization” for clarity and consistency and to eliminate unnecessary words. In subsection (b), before clause (1), the words “Notwithstanding subsection (a) of this section or any other provision of law” are omitted as unnecessary. The words “may designate in writing not more than 3 financial organizations to which a payment of pay of the officer or employee shall be sent and the amount to be sent to each organization” are substituted for “upon the written request of an employee of the agency to whom a payment for wages or salary is to be made . . . in the form of one, two, or three checks (the number of checks . . . if more than one . . . designated by such employee” for clarity, consistency in the revised title and with other titles of the Code, and to eliminate unnecessary words. In subsection (c), the words “(except for a financial organization designated by an officer or employee of either House of Congress)” are substituted for section 1(b)(last sentence) and (c)(last sentence) of the Act of July 19, 1975 (Pub. L. 94–57, 89 Stat. 265), because of the restatement. The words “to which such check is sent” are omitted because of the restatement. In subsection (d), the words “to whom a payment is to be made” are omitted as surplus. The words “upon the written request of such employee” are omitted as unnecessary. The words “accompanied by a schedule” are added for clarity. In subsection (e), the word “payment” is substituted for “acquittance” for clarity and consistency. Subsection (f) is substituted for 31:492(d)(1st–50th words) to eliminate unnecessary words. In subsection (g), the words “rules and” in section 1(b) and (c) of the Act of July 19, 1975 (Pub. L. 94–57, 89 Stat. 265), are omitted as surplus.

Editorial Notes

References in Text

The date of the enactment of the Debt Collection Improvement Act of 1996, referred to in subsec. (e)(1), is the date of enactment of section 31001 of Pub. L. 104–134, which was approved Apr. 26, 1996. The Internal Revenue Code of 1986, referred to in subsec. (j)(3), is classified generally to Title 26, Internal Revenue Code.

Amendments

1996—Subsecs. (e) to (j). Pub. L. 104–134 added subsecs. (e) to (g), redesignated former subsec. (e) as (h), and added subsecs. (i) and (j). 1994—Pub. L. 103–356 substituted “Required direct deposit” for “Checks payable to financial organizations designated by Government officers and employees” as section catchline and amended text generally. Prior to amendment, section authorized agency officers and employees to designate not more than 3 financial organizations to which a payment of pay or other recurring payments was to be sent without charge and required the agency head to authorize issuance of checks payable to those financial organizations in the designated amounts. 1984—Subsec. (b). Pub. L. 98–369, § 2814(a), inserted “without charge” after “shall be sent”. Subsecs. (c) to (g). Pub. L. 98–369, § 2814(b), struck out subsec. (c) which related to reimbursement of an agency for issuing additional checks, and redesignated subsecs. (d) to (g) as (c) to (f), respectively.

Statutory Notes and Related Subsidiaries

Savings Provision

Any waiver in effect on Oct. 5, 1999, under subsec. (f)(2)(A)(i) of this section to remain in effect until otherwise provided by the Secretary of Defense under section 2786 of Title 10, Armed Forces, see section 1008(a)(3) of Pub. L. 106–65, set out as a note under section 2786 of Title 10. Electronic Pay Stubs Pub. L. 110–423, § 1, Oct. 15, 2008, 122 Stat. 4818, provided that: “(a) In General.—The Office of Personnel Management shall take such measures as may be appropriate to ensure that all employees who receive their pay by electronic funds transfer shall be given the option of receiving their pay stubs electronically. “(b) Definitions.—For purposes of this section—“(1) the term ‘electronic funds transfer’ has the meaning given such term by section 3332 of title 31, United States Code; “(2) the term ‘employee’ means an individual employed in or under an Executive agency; and “(3) the term ‘Executive agency’ has the meaning given such term by section 105 of title 5, United States Code.”

§3332 Required Direct Deposit