Chap.

PART II.-GENERAL BENEFITS

24. National Cemeteries and Memorials.......

Sec.

1000

and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Administrator to be the father of such child. A person shall be deemed, as

1 Item has been editorially inserted. Chapter 82 was added by Pub. L. 92-541 without a conforming insertion into this analysis of chapters.

Page 1415

of the date of death of a veteran, to be the legally adopted child of such veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the veteran's surviving spouse within two years after the veteran's death or the date of enactment of this sentence; however, this sentence shall not apply if at the time of the veteran's death, such person was receiving regular contributions toward his support from some individual other than the veteran or his spouse, or from any public or private welfare organization which furnishes services or assistance for children. A person with respect to whom an interlocutory decree of adoption has been issued by an appropriate adoption authority shall be recognized thereafter as a legally adopted child, unless and until that decree is rescinded, if the child remains in the custody of the adopting parent or parents during the interlocutory period. A person who has been placed for adoption under an agreement entered into by the adopting parent or parents with any agency authorized under law to so act shall be recognized thereafter as a legally adopted child, unless and until such agreement is terminated, if the child remains in the custody of the adopting parent or parents during the period of placement for adoption under such agreement.

(30) The term "Mexican border period" means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the water adjacent thereto. (As amended Pub. L. 92-198, § 5(a), Dec. 15, 1971, 85 Stat. 664; Pub. L. 92-540, title IV, § 407, Oct. 24, 1972, 86 Stat. 1092.)

AMENDMENTS

1972-Par. (4). Pub. L. 92-540 added provision recognizing as a legally adopted child a person who has been placed for adoption under an agreement entered into by the adopting parent or parents with an agency authorized by law to so act.

1971-Par. (30). Pub. L. 92-198 struck out the service requirement of 90 days or more.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6 of Pub. L. 92-198, set out as a note under section 521 of this title.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 302, 2013, 3102 of this title; title 20 section 1087dd; title 50 App. section 591.

§ 102. Dependent parents; husbands.

(b) For the purposes of this title, (1) the term "wife" includes the husband of any female veteran; and (2) the term "widow" includes the widower of any female veteran. (As amended Pub. L. 92-540, title IV, § 408, Oct. 24, 1972, 86 Stat. 1092.)

AMENDMENTS

1972-Pub. L. 92-540, § 408(2), substituted in the section catchline "Dependent parents; husbands" for "Dependent parents and dependent husbands".

Subsec. (b). Pub. L. 92-540, § 408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title and struck out from the definitions of the terms "wife" and "widow" provisions relating to the ability of such persons to maintain and support themselves.

§ 111. Travel expenses.

Ex. ORD. No. 11302. REGULATIONS GOVERNING ALLOWANCES Ex. ORD. NO. 11302, Sept. 6, 1966, 31 F.R. 11741, as amended Ex. Ord. No. 11429, Sept. 9, 1968, 33 F.R. 12817; Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, provided:

SEC. 2. The Administrator of Veterans' Affairs may authorize or approve in lieu of actual necessary expenses of travel, including lodging and subsistence, payment of an allowance, in such amount per mile as the Administrator shall from time to time fix pursuant to 38 U.S.C. 111 [this section] as affected by this order, to any claimant or beneficiary of the Veterans' Administration traveling to or from a Veterans' Administration facility, or other place, in connection with vocational rehabilitation or counseling, or for the purpose of examination, treatment, or care. In addition to such mileage allowance, the Administrator may allow reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. In his discretion, the Administrator may authorize or approve such payment and such reimbursement to the person who or the organization which has actually paid the expenses of such travel, including lodging and subsistence. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 601 of this title.

eligibility or entitlement to benefits, without knowledge that it was erroneously made, he is authorized to provide such relief on account of such error as he determines equitable, including the payment of moneys to any person whom he determines equitably entitled thereto.

(B) The Administrator shall submit an annual report to the Congress on January 1, 1973, and each succeeding year containing a brief summary, including a statement as to the disposition of each case recommended to him for equitable relief under this paragraph.

(As amended Pub. L. 92-328, title II, § 201, June 30, 1972, 86 Stat. 396.)

AMENDMENTS

1972 Subsec. (c) (3). Pub. L. 92-328 added subsec. (c) (3).

EFFECTIVE DATE OF 1972 AMENDMENT Section 301 (c) of Pub. L. 92-328 provided that: "Sections 201 through 206 of this Act [which amended this section and sections 1817, 1820, 3102, and 3503 of this title, and enacted provisions set out as a note under section 3102 of this title] shall take effect upon the date of enactment of this Act [June 30, 1972]."

§ 214. Reports to the Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 654 of this title.

§ 218. Standards of conduct and arrests for crimes at hospitals, domiciliaries, cemeteries, and other Veterans' Administration reservations.

(a) For the purpose of maintaining law and order and of protecting persons and property on lands (including cemeteries) and in buildings under the jurisdiction of the Veterans' Administration (and not under the control of the Administrator of General Services), the Administrator or any officer or employee of the Veterans' Administration duly authorized by him may

(1) make all needful rules and regulations for the governing of the property under his charge and control, and annex to such rules and regulations such reasonable penalties within the limits prescribed in subsection (b) of this section as will insure their enforcement. Such rules and regulations shall be posted in a conspicuous place on such property;

(2) designate officers and employees of the Veterans' Administration to act as special policemen on such property and, if the Administrator deems it economical and in the public interest, with the concurrence of the head of the agency concerned, utilize the facilities and services of existing Federal law-enforcement agencies, and, with the consent of any State or local agency, utilize the facilities and services of such State or local law-enforcement agencies; and

(3) empower officers or employees of the Veterans' Administration who have been duly authorized to perform investigative functions to act as special investigators and to carry firearms, whether on Federal property or in travel status. Such special investigators shall have, while on real property under the charge and control of the Veterans' Administration, the power to enforce Federal laws for the protection of persons and

property and the power to enforce rules and regulations issued under subsection (a)(1) of this section. Any such special investigator may make an arrest with or without a warrant for any offense committed upon such property in his presence or if he has reasonable ground to believe (A) the offense constitutes a felony under the laws of the United States, and (B) that the person to be arrested is guilty of that offense.

(b) Whoever shall violate any rule or regulation issued pursuant to subsection (a) (1) of this section shall be fined not more than $50 or imprisoned not more than thirty days, or both. (Added Pub. L. 93-43, § 4(a), June 18, 1973, 87 Stat. 79.)

EFFECTIVE DATE

Section effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of this title.

CROSS REFERENCES

Protection of Federal property under jurisdiction of Administrator of General Services, see sections 318 to 318d of Title 40, Public Buildings, Property, and Works. SUBCHAPTER III.-VETERANS' ADMINISTRATION REGIONAL OFFICES; EMPLOYEES

§ 230. Central and regional offices.

(b) The Administrator may exercise authority under this section in territory of the Republic of the Philippines until June 30, 1970.

(As amended Pub. L. 93-82, title IV, § 401, Aug. 2, 1973, 87 Stat. 196.)

AMENDMENTS

1973-Subsec. (b). Pub. L. 93-82 extended the authority of the Administrator from July 3, 1974 to June 30, 1978.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

§ 234. Telephone service for medical officers and facility directors.

The Administrator may pay for official telephone service and rental in the field whenever incurred in case of official telephones for nonmedical directors of centers, hospitals, independent clinics, domiciliaries, and medical officers of the Veterans' Administration where such telephones are installed in private residences or private apartments or quarters, when authorized under regulations established by the Administrator. (As amended Pub. L. 93-82, title IV, § 402(a), (c), Aug. 2, 1973, 87 Stat. 196.)

AMENDMENTS

1973-Pub. L. 93-82 added "and facility directors" in the section catchline and authorized the payment of telephone bills of nonmedical directors of centers, hospitals, independent clinics, and domiciliaries also.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

SUBCHAPTER IV.-VETERANS OUTREACH

SERVICES PROGRAM

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1685, 2003 of this title.

§ 240. Purpose; definitions.

(a) The Congress declares that the outreach servvices program authorized by this subchapter is for the purpose of insuring that all veterans, especially those who have been recently discharged or released from active military, naval, or air service and those who are eligible for readjustment or other benefits and services under laws administered by the Veterans' Administration are provided timely and appropriate assistance to aid and encourage them in applying for and obtaining such benefits and services in order that they may achieve a rapid social and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents. The Congress further declares that the outreach services program authorized by this subchapter is for the purpose of charging the Veterans' Administration with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services.

*

(As amended Pub. L. 92-540, title IV, § 410 (a), Oct. 24, 1972, 86 Stat. 1092.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-540 added "and encourage" following "aid".

§ 241. Outreach services.

The Administrator shall provide the following outreach services:

(1) by letter advise each veteran at the time of his discharge or release from active military, naval, or air service, or as soon as possible thereafter, of all benefits and services under laws administered by the Veterans' Administration for which the veteran may be eligible and, in carrying out this paragraph, the Administrator shall insure, through the utilization of veteran-student services under section 1685 of this title, that contact, in person or by telephone, is made with those veterans who, on the basis of their military service records, do not have a high school education or equivalent at the time of discharge or release;

SUBCHAPTER II-WARTIME DISABILITY
COMPENSATION

$114. Kates of wartime disability compensation.
For the purposes of section 310 of this title-
(a) if and while the disability is rated 10 per
centum the monthly compensation shall be $28;

(b) if and while the disability is rated 20 per centum the monthly compensation shall be $51;

(e) if and while the disability is rated 30 per centum the monthly compensation shall be $77;

(d) if and while the disability is rated 40 per centum the monthly compensation shall be $106;

(e) if and while the disability is rated 50 per centum the monthly compensation shall be $149;

(f) if and while the disability is rated 60 per centum the monthly compensation shall be $179;

(g) if and while the disability is rated 70 per centum the monthly compensation shall be $212;

(h) if and while the disability is rated 80 per centum the monthly compensation shall be $245;

(i) if and while the disability is rated 90 per centum the monthly compensation shall be $275;

(j) if and while the disability is rated as total the monthly compensation shall be $495;

(k) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, or has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, the rate of compensation therefor shall be $47 per month for each such loss or loss of use independent of any other compensation provided in subsections (a) through (j) or subsection (a) of this section but in no event to exceed $616 per month; and in the event the veteran has suffered one or more of the disabilities heretofor specified in this subsection, in addition to the quirement for any of the rates specified in sections (D) through (n) of this section, the 1 compensation shall be increased by $47 per m for each such loss or loss of use, but in no e to exceed $882 per month;

(1) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both hands, or both feet, or of one hand and one foot, or is blind in both eyes, with 5/200 visual acuity or less, or is permanently bedridden or so helpless as to be in need of regular aid and attendance, the monthly compensation shall be $616;

(m) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of two extremities at a level, or with complications, preventing natural elbow or knee action with prosthesis in place, or has suffered blindness in both eyes having only light perception, or has suffered blindness in both eyes, rendering him so helpless as to be in need of regular aid and attendance, the monthly compensation shall be $678;

(n) if the veteran, as the result of service-connected disability, has suffered the anatomical loss of two extremities so near the shoulder or hip as to prevent use of a prosthetic appliance or has suffered the anatomical loss of both eyes, the monthly compensation shall be $770;

(o) if the veteran, as the result of service-connected disability, has suffered disability under conditions which would entitle him to two or more of the rates provided in one or more subsections (1) through (n) of this section, no condition being considered twice in the determination, or if the veteran has suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 60 per centum or more disabling and the veteran has also suffered service-connected total blindness with 5/200 visual acuity or less, in combination with total blindness with 5/200 visual acuity or less, the monthly compensation shall be $862;

(p) in the event the veteran's service-connected disabilities exceed the requirements for any of the rates prescribed in this section, the Administrator, in his discretion, may allow the next higher rate or an intermediate rate, but in no event in excess of $862. In the event the veteran has suffered service-connected blindness with 5/200 visual acuity or less and (1) has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at no less than 40 per centum disabling, the Administrator shall allow the next higher rate, or (2) has also suffered service-connected total deafness in one ear, the Administrator shall allow the next intermediate rate, but in no event in excess of $700;