Chap.

PART II.-GENERAL BENEFITS

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

Sec.

1000

1974-Pub. L. 93-569, § 7(d), Dec. 31, 1974, 88 Stat. 1866, substituted "Home, Condominium, and Mobile Home Loans" for "Home, Farm, and Business Loans" in chapter 37 heading.

Pub. L. 93-508, title IV, § 404 (b), Dec. 3, 1974, 88 Stat. 1600, added chapter 43.

1973-Pub. L. 93-43, § 2(b), June 18, 1973, 87 Stat. 78, added chapter 24.

1972-Pub. L. 92-540, title V, §§ 502(b), 503(b), Oct. 24, 1972, 86 Stat. 1097, 1098, substituted ", Training and" for "and Employment" in chapter 41 heading, and added chapter 42.

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in title 21 section 1175; title 42 sections 4581, 4582.

there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried or (in cases not involving remarriage) has not since the death of the veteran, and after September 19, 1962, lived with another person and held himself or herself out openly to the public to be the spouse of such other person.

(4) The term "child" means (except for purposes of chapter 19 of this title and section 5202(b) of this title) a person who is unmarried and—

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 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 the person's support from some individual other than the veteran or the veteran's 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.

(5) The term "parent" means (except for purposes of chapter 19 of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less than one year stood in the relationship of a parent

to a veteran at any time before the veteran's entry into active military, naval, or air service or if two persons stood in the relationship of a father or a mother for one year or more, the person who last stood in the relationship of father or mother before the veteran's last entry into active military, naval, or air service.

(13) The term "compensation" means a monthly payment made by the Administrator to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1, 1957.

(14) The term "dependency and indemnity compensation" means a monthly payment made by the Administrator to a surviving spouse, child, or parent (A) because of a service-connected death occurring after December 31, 1956, or (B) pursuant to the election of a surviving spouse, child, or parent, in the case of such a death occurring before January 1, 1957.

(15) The term "pension" means a monthly payment made by the Administrator to a veteran because of service, age, or non-service-connected disability, or to a surviving spouse or child of a veteran because of the non-service-connected death of the veteran.

(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.

(31) The term "spouse" means a person of the opposite sex who is a wife or husband and the term "surviving spouse" means a person of the opposite sex who is a widow or widower. (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; Pub. L. 94-169, title I, § 101(1), Dec. 23, 1975, 89 Stat. 1013.)

AMENDMENTS

1975-Par. (3). Pub. L. 94-169, § 101(1) (A), substituted "surviving spouse" for "widow", "person of the opposite sex" for "woman", "spouse" for "wife" wherever appearing therein, "the veteran's" for "his" wherever appearing therein, "with the veteran" for "with him", "person" for "man" wherever appearing therein and "himself or herself" for "herself".

Par. (4). Pub. L. 94-169, § 101 (1) (B), substituted "regular contributions toward the person's support from some individual other than the veteran or the veteran's spouse" for "regular contribution toward his support from some individual other than the veteran or his spouse".

Par. (5). Pub. L. 94-169, § 101 (1) (C), substituted "before the veteran's entry" for "before his entry".

Par. (13). Pub. L. 94-169, § 101(1) (D), substituted "surviving spouse" for "widow".

Par. (14). Pub. L. 94-169, § 101(1) (E), substituted "surviving spouse" for "widow" wherever appearing therein. Par. (15). Pub. L. 94-169, § 101(1) (F), substituted "surviving spouse" for "widow".

Par. (31). Pub. L. 94-169, § 101 (1) (G), added par. (31). 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 1975 AMENDMENT Section 101 of Pub. L. 94-169 provided in part that the amendment of this section by Pub. L. 94-169 is effective Jan. 1, 1976.

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.

SHORT TITLE OF 1975 AMENDMENT

Section 1 of Pub. L. 94-169 provided: "That this Act [amending this section and sections 322, 415, 501, 502, 503, 505, 506, 507, 511, 512, 521, 523, 532, 533, 534, 535 536, 537, 541, 542, 543, 544, 560, 561 and 562 of this title, repealing sections 510 and 531 of this title, and enacting provisions set out as notes under this section and sections 322, 415, 501, 521, 541, 542 and 544 of this title] may be cited as the 'Veterans and Survivors Pension Interim Adjustment Act of 1975'."

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.

PROC. No. 4373. TERMINAL DATE RESPECTING SERVICE
DURING VIETNAM ERA

Proc. No. 4373, May 7, 1975, 40 F.R. 20257, provided: The Congress has provided that entitlement to certain veterans benefits be limited to persons serving in the Armed Forces during the period, beginning August 5, 1964, referred to as the Vietnam era. The President is authorized to determine the last day on which a person must have entered the active military, naval, or air service during that period.

The signing of the cease-fire agreements and implementing protocols on January 27, 1973, between the United States of America and the Republic of Vietnam, on the one hand, and the Democratic Republic of Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam on the other hand, has terminated active participation by the Armed Forces of the United States in the Vietnam conflict.

Now, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the authority vested in me by Section 101 (29) of Title 38 of the United States Code, do hereby proclaim, for the purposes of said Section 101 (29), that May 7, 1975, is designated as the last day of the "Vietnam era."

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May in the year of our Lord nineteen hundred seventy-five, and of the Independence of the United States of America the one hundred ninety-ninth. GERALD R. FORD

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 302, 2013, 3102 of this title; title 5 sections 2108, 3501, 5532, 6303, 8706; title 20 section 1087dd; title 42 section 1477; 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.

§ 103. Special provisions relating to marriages.

(e) (1) The marriage of a child of a veteran shall not bar recognition of such child as the child of the veteran for benefit purposes if the marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Veterans' Administration determines that the annulment was secured through fraud by either party or collusion.

(2) The marriage of a child of a veteran shall not bar the recognition of such child as the child of the veteran for benefit purposes if the marriage has been terminated by death or has been dissolved by a court, with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by either party or collusion. (As amended Pub. L. 93-527, § 9(a), Dec. 21, 1974, 88 Stat. 1705.)

AMENDMENTS

1974 Subsec. (e). Pub. L. 93-527 designated existing provisions as par. (1) and added par. (2).

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10 of Pub. L. 93-527, set out as a note under section 521 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3010 of this title.

§ 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.

(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]."

§ 214. Reports to the Congress.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 245, 654 of this title.

§ 216. Research by Administrator; indemnification of contractors.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1904 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. § 219. Evaluation and data collection.

(a) The Administrator, pursuant to general standards which he shall prescribe in regulations, shall measure and evaluate on a continuing basis the impact of all programs authorized under this title, in order to determine their effectiveness in achieving stated goals in general, and in achieving such goals in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services. Such information as the Administrator may deem necessary for purposes of such evaluations shall be made available to him, upon

request, by all departments, agencies, and instrumentalities of the executive branch.

(b) In carrying out this section, the Administrator shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title.

(c) The Administrator shall make available to the public and on a regular basis provide to the appropriate committees of the Congress copies of all completed evaluative research studies and summaries of evaluations of program impact and effectiveness carried out, and tabulations and analyses of all data collected, under this section. (Added Pub. L. 93– 508, title II, § 213(a), Dec. 3, 1974, 88 Stat. 1586.)

EFFECTIVE Date

Section effective Dec. 3, 1974, see section 503 of Pub. L. 93-508, set out as a note under section 1652 of this title.

§ 220. Coordination of other Federal programs affecting veterans and their dependents.

The Administrator shall seek to achieve the maximum feasible effectiveness, coordination, and interrelationship of services among all programs and activities affecting veterans and their dependents carried out by and under all other departments, agencies, and instrumentalities of the executive branch and shall seek to achieve the maximum feasible coordination of such programs with programs carried out under this title. (Added Pub. L. 93-508, title II, § 213(a), Dec. 3, 1974, 88 Stat. 1587.)

EFFECTIVE DATE

Section effective Dec. 3, 1974, see section 503 of Pub. L. 93-508, set out as a note under section 1652 of this title.

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 235, 243 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, domicil