
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC3329]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
            CHAPTER 33--DEPOSITING, KEEPING, AND PAYING MONEY
 
                         SUBCHAPTER II--PAYMENTS
 
Sec. 3329. Withholding checks to be sent to foreign countries

    (a) The Secretary of the Treasury shall prohibit a check or warrant 
drawn on public money from being sent to a foreign country from the 
United States or from a territory or possession of the United States 
when the Secretary decides that postal, transportation, or banking 
facilities generally, or local conditions in the foreign country, do not 
reasonably ensure that the payee--
        (1) will receive the check or warrant; and
        (2) will be able to negotiate it for full value.

    (b)(1) If a check or warrant is prohibited from being sent to a 
foreign country under subsection (a) of this section, the drawer shall 
hold the check or warrant until the end of the calendar quarter after 
the date of the check or warrant.
    (2) The Secretary may release the check or warrant for delivery 
during the calendar quarter after the date of the check or warrant if 
the Secretary decides that conditions have changed to ensure reasonably 
that the payee--
        (A) will receive the check or warrant; and
        (B) will be able to negotiate it for full value.

    (3) Unless the Secretary otherwise directs, the drawer shall send at 
the end of the calendar quarter after the date of the check or warrant 
the--
        (A) withheld check or warrant to the drawee; and
        (B) report to the Secretary on--
            (i) the name and address of the payee;
            (ii) the date, number, and amount of the check or warrant; 
        and
            (iii) the account on which the check or warrant was drawn.

    (4) The drawee shall transfer the amount of a withheld check or 
warrant from the account of the drawer to the special deposit account 
``Secretary of the Treasury, Proceeds of Withheld Foreign Checks''. The 
check or warrant shall be marked ``Paid into Withheld Foreign Check 
Account''. The Secretary shall credit the accounts of the drawer and 
drawee.
    (c) The Secretary may pay an amount deposited 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 payment 
    under laws administered by the Secretary 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 delivery 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 
    country.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 953; Pub. L. 102-54, 
Sec. 13(l)(2), June 13, 1991, 105 Stat. 277; Pub. L. 104-316, title I, 
Sec. 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         Oct. 9, 
1940, ch. 796, Sec.  1(words
                                        proviso).                       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, Secs.  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 agency or instrumentality thereof'' to eliminate unnecessary 
words and for consistency in the chapter. The words ``and the 
Commonwealth of the Philippine Islands'' 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 warrant 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 provisions restated in section 321 of 
the revised title. The word ``fully'' is omitted as surplus.
    In subsection (b)(4), the word ``withheld'' is substituted 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 administrative action, which administrative 
action is ratified and confirmed'' in 31:126 are omitted as executed.
    In subsection (d)(2), the words ``do not affect a requirement 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 
unnecessary 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 applying to'' in 31:128 to eliminate 
unnecessary words and because of the restatement. The word ``pay'' is 
substituted for ``salaries or wages'' for consistency in the revised 
title and with other titles of the United States Code.


                               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 General. The Comptroller General shall credit the accounts 
of the drawer and drawee.''
    1991--Subsec. (c)(1). Pub. L. 102-54 substituted ``Secretary of 
Veterans Affairs'' for ``Administrator of Veterans' Affairs'' and ``laws 
administered by the Secretary of Veterans Affairs'' for ``laws carried 
out by the Administrator''.

                  Section Referred to in Other Sections

    This section is referred to in sections 3328, 3330 of this title; 
title 38 sections 5121, 5309; title 42 sections 402, 1004.
