
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC3330]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
            CHAPTER 33--DEPOSITING, KEEPING, AND PAYING MONEY
 
                         SUBCHAPTER II--PAYMENTS
 
Sec. 3330. Payment of Department of Veterans Affairs checks for 
        the benefit of individuals in foreign countries
        
    (a)(1) A check is deemed to be issued for sending to a foreign 
country and subject to this section 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 
    responsible for the care of an individual in a foreign country.

    (2) The Secretary of Veterans Affairs shall notify the Secretary of 
the Treasury of each check described under paragraph (1) of this 
subsection.
    (3) The Secretary of Veterans Affairs may exempt a check from 
paragraph (1) of this subsection 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 administered 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 is deemed to 
be payment for all purposes to the individual entitled to payment.
    (c) If the payee of a check for pension, compensation, 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 surviving 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 
    before all of the apportioned amount is paid to the veteran, the 
    apportioned amount not paid.
        (4) in any other case, only to the extent necessary to reimburse 
    a person for burial expenses.

    (d)(1) A payment may be made under subsection (c) of this section 
only if a claim for payment is--
        (A) filed with the Secretary of Veterans Affairs by the end of 
    the first year after the date of the death of the individual 
    entitled to payment; and
        (B) completed by submitting the necessary evidence by the 6th 
    month after the date the Secretary of Veterans Affairs requests the 
    evidence.

    (2) Payment shall include only amounts due at the time of death 
under ratings or decisions existing at the time of the death.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 954; Pub. L. 102-54, 
Sec. 13(l)(3), (4)(A), June 13, 1991, 105 Stat. 277; Pub. L. 103-272, 
Sec. 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,
                                                                        Sec.  1
(provisos); added Dec. 2, 1942,
                                                                        ch. 659
, 56 Stat. 1028.
3330(b)..............................  31:124(last par.).              Oct. 9, 
1940, ch. 796, Secs.  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 substituted for 
``laws administered'', and the words ``Administrator 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 consistency. Clause (A) is 
substituted for ``drawn against funds of the United States'' for 
consistency in the chapter. In clause (C), the words ``guardian, 
curator, conservator, or other'' are omitted as surplus. The words 
``legally 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 ``accruing'' 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, compensation, or emergency officers' retirement pay shall be 
made or allowed except so much'' to eliminate unnecessary words.
    In subsection (d)(1)(B), the word ``completed'' is substituted for 
``perfected'' for clarity.
    In subsection (d)(2), the words ``and unpaid'' are omitted as 
surplus.


                               Amendments

    1994--Subsec. (d)(1)(B). Pub. L. 103-272 substituted ``Secretary of 
Veterans Affairs'' for ``Administrator''.
    1991--Pub. L. 102-54, Sec. 13(l)(4)(A), substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration'' in section 
catchline.
    Subsec. (a)(1)(B). Pub. L. 102-54, Sec. 13(l)(3)(A), substituted 
``Secretary of Veterans Affairs'' for ``Administrator of Veterans' 
Affairs''.
    Subsec. (a)(2), (3). Pub. L. 102-54, Sec. 13(l)(3)(B), substituted 
``Secretary of Veterans Affairs'' for ``Administrator''.
    Subsecs. (b), (c). Pub. L. 102-54, Sec. 13(l)(3)(C), substituted 
``laws administered by the Secretary of Veterans Affairs'' for ``laws 
carried out by the Administrator''.
    Subsec. (d)(1)(A). Pub. L. 102-54, Sec. 13(l)(3)(B), substituted 
``Secretary of Veterans Affairs'' for ``Administrator''.

                  Section Referred to in Other Sections

    This section is referred to in sections 3328, 3329 of this title; 
title 5 section 5514; title 38 sections 5121, 5309; title 42 section 
402.
