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B-239249 1 (1991-04-15)

handle is hein.gao/gaobadnwg0001 and id is 1 raw text is: 







Decision


Matter of: Department of the Air Force--Claims on Checks
            Subject to Limited Payability Provisions of
            Competitive Equality Banking Act of 1987

File:       B-239249

Date-       April 15, 1991

DIGST

1. An agency may, in issuing replacement checks for pre-
effective date checks canceled under the p .ovisions of Public
Law 100-86, charge the original appropriation that supported
the obligation to the extent funds remain available.

2. Availability of funds is subject to the new account
closing procedures enacted in the National Defense
Authorization Act, Fiscal Year 1991. Pub. L. No. 101-510.


This is in response to a request for an advance decision from
the Department of the Air Force (Department) on the proper
fundin for payment of valid claims presented on checks issued
prior to October 1, 1989 and thus subject to cancellation
under the provisions of Public Law 100-86, 5 1003, 101
Stat. 65V (1987).

BACKGROUND

The Competitive Equality Banking Act of 1987, Public Law
100-86, § 1006, 101 Stat. 659 (1987), amended 31 U.S.C. S
3328 and created a new secticn 3334 to establish time limits
on the payability of government checks. The new section 3334
provides that:

     (b) Checks issued before eftetin date.--(1) Not
     later than 18 months after the effective date of
     this section, the Secretary shall identify and
     cancel all Treasury checks issued before such
     effective date that have not been paid in accordance
     with section 3328 of this title.

     (2) The proceeds from checks cancelled pursuant to
     paragraph (1) shall be applied to eliminate the
     balances in accounts that represent uncollectible
     accounts receivable and other costs associated with
     the payment of checks and check claims by the
     Department of the Treasury on behalf of all payment

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