31-U.S.C.-3330
§3330 – Payment of Department of Veterans Affairs Checks For The Benefit of Individuals In Foreign Countries
Pathway
Title 31 > Subtitle III > Chapter 33 > Subchapter II > Section 3330
Details
- Reference: Section 3330
- Legend: §3330 – Payment of Department of Veterans Affairs Checks For The Benefit of Individuals In Foreign Countries
- USCode Year: 2013
Provision Content
(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 veterans death.
(2) after the death of the surviving spouse, to children of the spouse under 18 years of age at the time of the spouses death.
(3) after the death of an apportionee of a part of the veterans 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, §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.)
| 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 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 spouses is substituted for widows, 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, §13(l)(4)(A), substituted Department of Veterans Affairs for Veterans’ Administration in section catchline.
Subsec. (a)(1)(B). Pub. L. 102–54, §13(l)(3)(A), substituted Secretary of Veterans Affairs for Administrator of Veterans’ Affairs.
Subsec. (a)(2), (3). Pub. L. 102–54, §13(l)(3)(B), substituted Secretary of Veterans Affairs for Administrator.
Subsecs. (b), (c). Pub. L. 102–54, §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, §13(l)(3)(B), substituted Secretary of Veterans Affairs for Administrator.
U.S. Encyclopedia of Law Coverage
26-U.S.C.-6603 in the Legal Encyclopedia: Payments
In this entry about 26-U.S.C.-6603, find legal reference material, bibliographies and premiere content related to payments in the American Encyclopedia of Law, presenting a comprehensive view of the United States payments-specific issues, written by authorities in the field.
31-U.S.C.-3330 in the Legal Encyclopedia: Financial Management
In this entry about 31-U.S.C.-3330, find legal reference material, bibliographies and premiere content related to financial management in the American Encyclopedia of Law, presenting a comprehensive view of the United States financial management-specific issues, written by authorities in the field.
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