Page:United States Statutes at Large Volume 54 Part 1.djvu/1121

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76TH CONG. , 3D SESS.-CH. 796-OCT. 9, 1940 SEC. 3 . Payment of the amounts which have been deposited in the special deposit account in accordance with section 2 hereof shall be made by checks drawn against such special deposit account by the Secretary of the Treasury, only after the claimant shall have estab- lished his right to the amount of the check or warrant to the satis- faction of the Secretary of the Treasury (or, in the case of claims based upon checks representing payments under laws administered by the Veterans' Administration, to the satisfaction of the Adminis- trator of Veterans' Affairs) and the Secretary of the Treasury has determined that there is a reasonable assurance that the claimant will actually receive such check in payment of his claim and be able to negotiate the same for full value. In the case of the death of the payee of any check in payment of pension, compensation, or emergency officers' retirement pay accruing under laws administered by the Veterans' Administration, while the amount thereof remains in the special deposit account, such amount shall, subject to the other conditions of this Act, be payable as follows: (a) Upon death of the veteran, first to the widow; if there is no widow, to his child or children under the age of eighteen at his death; (b) upon death of the widow, to her children under the age of eighteen years at her death; (c) upon the death, prior to disbursement of all or any part of the apportioned amount, of an apportionee of a part of the veteran's pension, compensation, or emergency officers' retirement pay, such apportioned amount not disbursed shall be payable to the vet- eran; (d) in all other cases no disbursement whatsoever of such pen- sion, compensation, or emergency officers' retirement pay shall be made or allowed except so much as may be necessary to reimburse the person who bore the expense of burial: Provided however, That no disbursement shall be made unless claim therefor be filed in the Vet- erans' Administration within one year from the date of the death of the person entitled and perfected by the submission of the necessary evidence within six months from the date of the request of the Vet- erans' Administration therefor. Such benefits shall include only amounts due and unpaid at the time of death under then existing ratings or decisions. SEC. 4. The provisions of sections 2 and 3 hereof shall apply to all checks or warrants the delivery of which is now being, or may hereafter be, withheld pursuant to Executive Order Numbered 8389 of April 10, 1940, as amended, as well as to all checks or warrants the delivery of which is now being withheld pursuant to administra- tive action, which administrative action is hereby ratified and con- firmed: Provided, That any check or warrant the delivery of which has already been withheld for more than one quarter prior to the enactment of this Act shall be immediately delivered to the drawee thereof for disposition in accordance with the provisions of sections 2 and 3 hereof: Provided further, That nothing in this Act shall be construed to dispense with the necessity of obtaining a license to authorize the delivery and payment of checks in payment of claims under section 3 hereof in those cases where a license is now or here- after may be required by law to authorize such delivery and payment. SEC. 5. The Secretary of the Treasury is hereby authorized to prescribe such rules and regulations as he in his discretion may deem necessary or proper for the administration and execution of this Act. SEC. 6. Nothing contained in this Act shall be construed as affect- ing or applying to checks or warrants issued in payment of salaries or wages or for goods purchased by the Government of the United States in foreign countries. Approved, October 9, 1940. Payments from spe- cial deposit account. Death of payee. Payment of amount of pension, etc. Proefo. Filing of claim, etc. Applicability of des- ignated provisions. Provifos. Checks withheld. Licenses. Rules and regula- tions. Salary checks, etc. , not affected. 1087 54 STAT.]