service, not to exceed six years, or $15,000, whichever is the lesser amount.

(b) Bonus payments authorized under this section may be paid in either a lump sum or in installments.

(c) An amount paid to a member under subsection (a) of this section is in addition to all other compensation to which he is entitled and does not count against the limitation prescribed by section 308 (c) of this title concerning the total amount of reenlistment bonus that may be paid. However, if he receives payment under this section, he is not entitled to any further payments under section 308(g) of this title.

(d) Under regulations prescribed by the Secretary of the Navy, refunds, on a pro rata basis, of sums paid under subsection (a) of this section may be required, and further payments terminated, if the member who has received the payment fails to complete his reenlistment contract or fails to maintain his technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants.

(e) Provisions of this section shall be effective only in the cases of members who, on or before June 30, 1975, execute the required written agreement to remain in active service. (Added Pub. L. 92-581, § 1(3), Oct. 27, 1972, 86 Stat. 1277.)

Section 2 of Pub. L. 89-26, as amended by section 1 of Pub. L. 89-608, Sept. 30, 1966, 80 Stat. 851, and Pub. L. 92-176, Dec. 2, 1971, 85 Stat. 494, provided that: "This Act [enacting this section and amending sections 407, 411, and 1006 of this title] becomes effective on February 1, 1965."

§ 407. Travel and transportation allowances: dislocation allowance.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-26 effective Feb. 1, 1965, see section 2 of Pub. L. 89-26, as amended by section 1 of Pub. L. 89-608, Sept. 30, 1966, 80 Stat. 851, and Pub. L. 92-176, Dec. 2, 1971, 85 Stat. 494, set out as a note under section 405a of this title.

§ 409. Travel and transportation allowances: trailers. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 554 of this title. § 411. Travel and transportation allowances: administrative provisions.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-26 effective Feb. 1, 1965, see section 2 of Pub. L. 89-26, as amended by section 1 of Pub. L. 89-608, Sept. 30, 1966, 80 Stat. 851, and Pub. L. 92-176, Dec. 2, 1971, 85 Stat. 494, set out as a note under section 405a of this title.

§ 428. Allowance for recruiting expenses.

In addition to other pay or allowances authorized by law, and under uniform regulations prescribed by the Secretaries concerned, a member who is assigned to recruiting duties for his armed force may be reimbursed for actual and necessary expenses incurred in connection with those duties. (Added Pub. L. 92-129, title II, § 205 (a), Sept. 28, 1971, 85 Stat. 359.)

EFFECTIVE DATE

Section effective Oct. 1, 1971, see section 209 of Pub. L. 92-129, set out as a note under section 302a of this title.

REDUCTION IN PAY PROHIBITED

Enactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92-129, set out as a note under section 203 of this title.

Chapter 9.-LEAVE

§ 501. Payments for unused accrued leave.

(d) Payments for unused accrued leave under subsections (b) and (g) of this section and for accumulated leave under subsection (h) of this section, in the case of a member who dies while on active duty or in the case of a member or former member who dies after retirement or discharge and before he receives that payment, shall be made in accordance with section 2771 of title 10. In the case of a member who dies while on active duty, payment for unused accrued leave under subsections (b) and (g) of this section shall be based upon the unused accrued leave the member carried forward into the leave year during which he died plus the unusued1 leave that accrued to him during that leave year. However, the number of days upon which the payment is based may not be more than 60.

(h) Payment shall be made for all leave accumulated under section 701(g) of title 10 as soon as possible after the name of the person concerned is removed from a missing status, as defined in section 551(2) of this title.

(As amended Pub. L. 92-596, § 2, Oct. 27, 1972, 86 Stat. 1318.)

CODIFICATION

Subsection (a) (2), (3), and (4) purports to define "child", "parent", and "brother or sister", as used in subsection (d). However, subsection (d) was restated by Pub. L. 89-151 and, as restated, contains a new order of precedence in the payment of accrued leave (1.e., 10 U.S.C. 2771). That new order of precedence is different for the order it replaced. As a result, the definitions contained in subsection (a) (2), (3), and (4) have no area of operation, and probably should have been repealed by Pub. L. 89-151.

AMENDMENTS

1972-Pub. L. 92-477, § 1(1), Oct. 9, 1972, 86 Stat. 793, inserted in item 554 reference to "trailers; additional movements;" following "household and personal effects;". § 551. Definitions.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 701, 6954, 9342; title 26 section 112; title 50 App. section 591.

§ 552. Pay and allowances; continuance while in a missing status; limitations.

(a) A member of a uniformed service who is on active duty or performing inactive-duty training, and who is in a missing status, is

(1) for the perod he is in that status, entitled to receive or have credited to his account the same pay and allowances, as defined in this chapter, to which he was entitled at the beginning of that period or may thereafter become entitled; and

(2) for the period, not to exceed one year, required for his hospitalization and rehabilitation after termination of that status, under regulations prescribed by the Secretaries concerned, with respect to incentive pay, considered to have satisfied the requirements of section 301 of this title so as to entitle him to a continuance of that pay. However, a member who is performing full-time training duty or other full-time duty without pay, or inactive-duty training with or without pay, is entitled to the pay and allowances to which he would have been entitled if he had been on active duty with pay.

(As amended Pub. L. 92-169, § 1, Nov. 24, 1971, 85 Stat. 489; Pub. L. 92-482, Oct. 12, 1972, 86 Stat. 796.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-482 designated existing provisions as cl. (1), added cl. (2), and struck out provisions relating to the effectiveness of the promotion of a member of the uniformed services while he is in a missing status and the Secretary concerned determines under section 556(b) of this title that the member died before the promotion was made.

1971-Subsec. (a). Pub. L. 92-169 provided that the promotion of a member of the uniformed services while he is in a missing status is fully effective for all purposes even though the Secretary concerned determines that the member died before the promotion was made.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment, by Pub. L. 92-169 effective for the purposes of Chapter 13 of Title 38, Veterans' Benefits, on Nov. 24, 1971 and for all other purposes effective as of Feb. 28, 1961, see section 3 of Pub. L. 92-169, set out as a note under section 402 of Title 38, Veterans' Benefits.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 501 of this title.

§ 554. Travel and transportation; dependents; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable. (a) In this section, "household and personal effects" and "household effects" may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense. Under regulations prescribed by the Secretaries concerned, and in place of the transportation of household and personal effects, a dependent, who would otherwise be entitled to transportation of household and personal effects under

this section, may transport a house trailer or mobile dwelling within and between the areas specified in section 409 of this title for use as a residence by one of the following means—

(1) transport it and be reimbursed by the United States;

(2) deliver it to an agent of the United States for transportation by the United States or by commercial means; or

(3) have it transported by commercial means and be reimbursed by the United States.

If a trailer or dwelling is transported under clause (2) or (3) of this subsection, that transportation may include one privately owned motor vehicle which may be shipped at United States expense. Transportation, and incidental costs, authorized by this section shall be at United States expense without any cost limitation, and any payment authorized may be made in advance of the transportation concerned.

(b) Transportation (including packing, crating, drayage, temporary storage, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of a member of a uniformed service on active duty (without regard to pay grade) who is officially reported as dead, injured, or absent for a period of more than 29 days in a missing status

When he considers it necessary, the Secretary concerned may, with respect to the household and personal effects of a member who is officially reported as absent for a period of more than 29 days in a missing status, authorize the nontemporary storage of those effects for a period of one year, or longer when justified. In addition, he may authorize additional movements of, and prescribe transportation for, the dependents and household and personal effects, or the dependents and house trailer or mobile dwelling, of a member who is officially reported as absent for a period of more than one year in a missing status.

(As amended Pub. L. 92-477, § 1, Oct. 9, 1972, 86 Stat. 793.)

AMENDMENTS

1972-Pub. L. 92-477, § 1(1), inserted in the section catchline reference to "trailers; additional movements;" following "household and personal effects;".

Subsec. (a). Pub. L. 92-477, § 1(2), authorized at Government expense without cost limitation and under prescribed regulations the transportation of house trailers or mobile dwellings, including a privately owned motor vehicle, in place of household and personal effects of members in a missing status.

Subsec. (b). Pub. L. 92-477, § 1(3), authorized additional movements of and transportation for dependents and household and personal effects, or dependents and house trailer or mobile dwelling of members in a missing status for more than one year.

§ 555. Secretarial review.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 701.

§ 556. Secretarial determinations.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 552 of this title; title 10 section 701.

Chapter 13.-ALLOTMENTS AND ASSIGNMENTS OF PAY

§ 706. Commissioned officers of Environmental Science Services Administration.

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.

Chapter 15.-PROHIBITIONS AND PENALTIES

§ 801. Restriction on payment to certain officers. 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.

Chapter 19.-ADMINISTRATION

§ 1001. Regulations relating to pay and allowances.

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.

§ 1006. Advance payments.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-26, effective Feb. 1, 1965, see section 2 of Pub. L. 89-26, as amended by section 1 of Pub. L. 89-608, Sept. 30, 1966, 80 Stat. 851, and Pub. L. 92-176, Dec. 2, 1971, 85 Stat. 494, set out as a note under section 405a of this title.

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 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

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 927

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.

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.

Chapter 3.-VETERANS' ADMINISTRATION; OFFICERS AND EMPLOYEES

SUBCHAPTER II.-ADMINISTRATOR OF VETERANS' AFFAIRS

§ 210. Appointment and general authority of Administrator; Deputy Administrator.

(1)

(3) (A) If the Administrator determines that any veteran, widow, child of a veteran, or other person, has suffered loss as a consequence of reliance upon a determination by the Veterans' Administration of 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]."

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;

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

AMENDMENTS

1972-Pub. L. 92-540 in cl. (1) substituted provisions relating to the Administrator making contact, in person or by telephone through the utilization of veteran-student services under section 1685 of this title, 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, for provisions relating to the Administrator giving priority to so advising such veterans.