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Title 31 — Money and FinanceRelease 119-73not60

§3330 Payment of Department of Veterans Affairs Checks for the Benefit of Individuals in Foreign Countries

Title 31 › Subtitle SUBTITLE III— FINANCIAL MANAGEMENT › Chapter 33— DEPOSITING, KEEPING, AND PAYING MONEY › Subchapter II— PAYMENTS › § 3330

Last updated Apr 5, 2026|Official source

Summary

Checks for VA benefits that are meant to be sent to a person in the United States (or a U.S. territory) who is legally responsible for caring for someone in a foreign country must be handled in a special way. The Department of Veterans Affairs must tell the Treasury about each such check. The VA can choose not to treat a check this way if doing so would reduce, discontinue, or deny benefits for the care of the dependent in the foreign country. When checks moved under the special transfer rule total $1,000, any more checks (except insurance contract checks) for that person must be put into the Treasury as miscellaneous receipts. Those transferred or deposited amounts count as payment to the person. If a payee of a pension, compensation, or emergency officers’ retirement pay dies while funds are in the special account, the money is paid in order to the surviving spouse, then to children under 18, then to unpaid apportioned amounts, and otherwise only to cover burial costs. Claims must be filed within 1 year of the death and finished by giving needed evidence within 6 months after the VA asks. Payments include only amounts due at the time of death under ratings or decisions in effect then.

Full Legal Text

Title 31, §3330

Money and Finance — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 “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.

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 “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”.

Reference

Citations & Metadata

Citation

31 U.S.C. § 3330

Title 31 — Money and Finance

Last Updated

Apr 5, 2026

Release point: 119-73not60