31 U.S.C. § 3330 — Payment of Department of Veterans Af-

Page 245 TITLE 31—MONEY AND FINANCE § 3330 retary of the Treasury, Proceeds of Withheld Foreign Checks’’. The check or warrant shall be marked ‘‘Paid into Withheld Foreign Check Ac- count’’. The Secretary shall credit the accounts of the drawer and drawee. (c) The Secretary may pay an amount depos- ited in the special account under subsection (b)(4) of this section with a check drawn on the account when— (1) a person claiming payment satisfies the Secretary of the right to the amount of the check or warrant (or satisfies the Secretary of Veterans Affairs if the claim represents a pay- ment under laws administered by the Sec- retary of Veterans Affairs); and (2) the Secretary is reasonably ensured that the person— (A) will receive the check or warrant; and (B) will be able to negotiate it for full value. (d) This section and section 3330 of this title— (1) apply to a check or warrant whose deliv- ery may be withheld under Executive Order 8389; (2) do not affect a requirement for a license for delivering and paying a check in payment of a claim under subsection (c) of this section when a license is required by law to authorize delivery and payment; and (3) do not affect a check or warrant issued for the payment of pay or goods bought by the United States Government in a foreign coun- try. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 953; Pub. L. 102–54, § 13(l)(2), June 13, 1991, 105 Stat. 277; Pub. L. 104–316, title I, § 115(e), Oct. 19, 1996, 110 Stat. 3834.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3329(a) ..... 31:123(words before 1st proviso). Oct. 9, 1940, ch. 796, § 1(words before 1st proviso), 54 Stat. 1086; Dec. 2, 1942, ch. 659, 56 Stat. 1028. 3329(b) ..... 31:124(1st par.). Oct. 9, 1940, ch. 796, §§ 2(1st par.), 3(1st par.), 4, 6, 54 Stat. 1086, 1087. 3329(c) ..... 31:125(1st par.). 3329(d) ..... 31:126. 31:128. In the section, the words ‘‘drawn on’’ are substituted for ‘‘drawn against’’ for consistency in the revised chapter. The word ‘‘actually’’ is omitted as surplus. In subsection (a), before clause (1), the words ‘‘On and after October 9, 1940’’ are omitted as executed. The words ‘‘drawn on public money’’ are substituted for ‘‘drawn against funds of the United States, or any agen- cy or instrumentality thereof’’ to eliminate unneces- sary words and for consistency in the chapter. The words ‘‘and the Commonwealth of the Philippine Is- lands’’ in section 1 of the Act of October 9, 1940, are omitted because of Proclamation No. 2695 of July 4, 1946 (60 Stat. 1352). The words ‘‘to which such check or war- rant is to be delivered’’ are omitted as surplus. In subsection (b)(3)(A), the words ‘‘in accordance with the provisions of sections 123 to 128 of this title’’ and ‘‘thereof’’ are omitted as surplus. In subsection (b)(3)(B), before subclause (i), the word ‘‘Secretary’’ is substituted for ‘‘Bureau of Accounts of the Treasury Department’’ because of the source provi- sions restated in section 321 of the revised title. The word ‘‘fully’’ is omitted as surplus. In subsection (b)(4), the word ‘‘withheld’’ is sub- stituted for ‘‘undelivered’’ for clarity. The words ‘‘with the Treasurer of the United States’’ and the words ‘‘of the United States’’ after ‘‘Comptroller General’’ are omitted as unnecessary. In subsection (d)(1), the words ‘‘is now being, or . . . hereafter’’ and ‘‘as well as to all checks or warrants the delivery of which is now being withheld pursuant to ad- ministrative action, which administrative action is ratified and confirmed’’ in 31:126 are omitted as exe- cuted. In subsection (d)(2), the words ‘‘do not affect a re- quirement for’’ are substituted for ‘‘nothing in sections 123 to 128 of this title shall be construed to dispense with the necessity of’’ in 31:126 to eliminate unneces- sary words and because of the restatement. The words ‘‘obtaining . . . authorize’’ and ‘‘is now or hereafter’’ are omitted as surplus. In subsection (d)(3), the words ‘‘does not affect’’ are substituted for ‘‘Nothing contained in sections 123 to 128 of this title shall be construed as affecting or apply- ing to’’ in 31:128 to eliminate unnecessary words and be- cause of the restatement. The word ‘‘pay’’ is sub- stituted for ‘‘salaries or wages’’ for consistency in the revised title and with other titles of the United States Code. Editorial Notes AMENDMENTS 1996—Subsec. (b)(4). Pub. L. 104–316 substituted ‘‘The Secretary shall credit the accounts of the drawer and drawee.’’ for ‘‘After that time, the drawee shall send all withheld checks and warrants to the Comptroller Gen- eral. The Comptroller General shall credit the accounts of the drawer and drawee.’’ 1991—Subsec. (c)(1). Pub. L. 102–54 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Administrator of Vet- erans’ Affairs’’ and ‘‘laws administered by the Sec- retary of Veterans Affairs’’ for ‘‘laws carried out by the Administrator’’. § 3330. Payment of Department of Veterans Af- fairs checks for the benefit of individuals in foreign countries (a)(1) A check is deemed to be issued for send- ing to a foreign country and subject to this sec- tion and section 3329 of this title if the check is— (A) drawn on public money; (B) for benefits under laws carried out by the Secretary of Veterans Affairs; and (C) to be sent to a person in the United States or a territory or possession of the United States, and the person is legally re- sponsible for the care of an individual in a for- eign country. (2) The Secretary of Veterans Affairs shall no- tify the Secretary of the Treasury of each check described under paragraph (1) of this subsection. (3) The Secretary of Veterans Affairs may ex- empt a check from paragraph (1) of this sub- section if the application of paragraph (1) would reduce, discontinue, or deny benefits for the care of a dependent of an individual in a foreign country. (b) When the amount of checks (representing payments to an individual under laws adminis- tered by the Secretary of Veterans Affairs) transferred under section 3329(b)(4) of this title equals $1,000, the amounts of additional checks (except checks under contracts of insurance) payable to the individual under those laws shall be deposited in the Treasury as miscellaneous receipts. An amount transferred under section 3329(b)(4) or deposited as miscellaneous receipts Page 246 TITLE 31—MONEY AND FINANCE § 3331 is deemed to be payment for all purposes to the individual entitled to payment. (c) If the payee of a check for pension, com- pensation, or emergency officers’ retirement pay under laws administered by the Secretary of Veterans Affairs dies while the amount of the check is in the special deposit account, the amount is payable (subject to section 3329 of this title and this section) as follows: (1) after the death of the veteran, to the sur- viving spouse, or, if there is no surviving spouse, to children of the veteran under 18 years of age at the time of the veteran’s death. (2) after the death of the surviving spouse, to children of the spouse under 18 years of age at the time of the spouse’s death. (3) after the death of an apportionee of a part of the veteran’s pension, compensation, or emergency officers’ retirement pay but be- fore all of the apportioned amount is paid to the veteran, the apportioned amount not paid. (4) in any other case, only to the extent nec- essary to reimburse a person for burial ex- penses. (d)(1) A payment may be made under sub- section (c) of this section only if a claim for pay- ment is— (A) filed with the Secretary of Veterans Af- fairs by the end of the first year after the date of the death of the individual entitled to pay- ment; and (B) completed by submitting the necessary evidence by the 6th month after the date the Secretary of Veterans Affairs requests the evi- dence. (2) Payment shall include only amounts due at the time of death under ratings or decisions ex- isting at the time of the death. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 954; Pub. L. 102–54, § 13(l)(3), (4)(A), June 13, 1991, 105 Stat. 277; Pub. L. 103–272, § 4(f)(1)(I), July 5, 1994, 108 Stat. 1362.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3330(a) ..... 31:123(provisos). Oct. 9, 1940, ch. 796, 54 Stat. 1086, § 1(provisos); added Dec. 2, 1942, ch. 659, 56 Stat. 1028. 3330(b) ..... 31:124(last par.). Oct. 9, 1940, ch. 796, §§ 2(last par.), 3(last par.), 54 Stat. 1086, 1087. 3330(c), (d). 31:125(last par.). In the section, the words ‘‘laws carried out’’ are sub- stituted for ‘‘laws administered’’, and the words ‘‘Ad- ministrator of Veterans’ Affairs’’ and ‘‘Administrator’’ are substituted for ‘‘Veterans’ Administration’’, for consistency. In subsection (a)(1), before clause (A), the word ‘‘issued’’ is substituted for ‘‘drawn’’ for clarity and con- sistency. Clause (A) is substituted for ‘‘drawn against funds of the United States’’ for consistency in the chap- ter. In clause (C), the words ‘‘guardian, curator, conser- vator, or other’’ are omitted as surplus. The words ‘‘le- gally responsible for’’ are substituted for ‘‘vested with’’ for clarity. In subsection (b), the words ‘‘under section 3329(b)(4) of this title’’ are substituted for ‘‘to the special deposit account’’ for clarity and because of the restatement. The words ‘‘deposited in’’ are substituted for ‘‘covered into’’ for clarity and consistency in the revised title. In subsection (c), before clause (1), the word ‘‘accru- ing’’ is omitted as surplus. In clauses (1) and (2), the words ‘‘surviving spouse’’ and ‘‘spouse’’ are substituted for ‘‘widow’’, and the word ‘‘spouse’s’’ is substituted for ‘‘widow’s’’, to conform to amendments made generally to title 38 by the Veterans Disability Compensation and Survivor Benefits Act of 1976 (Pub. L. 94–433, 90 Stat. 1374). In clause (1), the words ‘‘first to’’ are omitted as surplus. In clause (4), the word ‘‘only’’ is substituted for ‘‘no disbursement whatsoever of such pension, com- pensation, or emergency officers’ retirement pay shall be made or allowed except so much’’ to eliminate un- necessary words. In subsection (d)(1)(B), the word ‘‘completed’’ is sub- stituted for ‘‘perfected’’ for clarity. In subsection (d)(2), the words ‘‘and unpaid’’ are omit- ted as surplus. Editorial Notes AMENDMENTS 1994—Subsec. (d)(1)(B). Pub. L. 103–272 substituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Administrator’’. 1991—Pub. L. 102–54, § 13(l)(4)(A), substituted ‘‘Depart- ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’ in section catchline. Subsec. (a)(1)(B). Pub. L. 102–54, § 13(l)(3)(A), sub- stituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Adminis- trator of Veterans’ Affairs’’. Subsec. (a)(2), (3). Pub. L. 102–54, § 13(l)(3)(B), sub- stituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Adminis- trator’’. Subsecs. (b), (c). Pub. L. 102–54, § 13(l)(3)(C), sub- stituted ‘‘laws administered by the Secretary of Vet- erans Affairs’’ for ‘‘laws carried out by the Adminis- trator’’. Subsec. (d)(1)(A). Pub. L. 102–54, § 13(l)(3)(B), sub- stituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Adminis- trator’’. § 3331. Substitute checks (a) In this section, ‘‘original check’’— (1) means an order for the payment of money— (A) payable on demand; (B) that does not bear interest; (C) drawn by an authorized disbursing offi- cial or agent of the United States Govern- ment; and (D) the amount of which is deposited with the Treasury or another account available for payment; and (2) does not include coins and currency of the Government. (b) When the Secretary of the Treasury is sat- isfied that an original check is lost, stolen, de- stroyed in any part, or is so defaced that the value to the owner or holder is impaired, the Secretary may issue a substitute check to the owner or holder of the original check. Except as provided in subsection (c) or (f) of this section, the substitute check is payable from the amount available to pay the original check. (c) When the Secretary is satisfied that an original check drawn on a depositary in a for- eign country or a territory or possession of the United States is lost, stolen, destroyed in part, or is so defaced that its value to the owner or holder is impaired, the drawer of the original check (or another official designated by the Sec- retary with the approval of the head of the agen- cy on whose behalf the original check was issued) may issue to the owner or holder of the check a substitute check. The drawer or official