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expenses of any administration necessary to determine that an escheat is in order, to the Veterans' Administration, and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation. (Amended P.L. 93–295, § 301 (c).)

§ 3203. Hospitalized veterans and estates of incompetent institutionalized veterans'

(a) (1) (A) Where any veteran having neither spouse nor child is being furnished domiciliary care by the Veterans' Administration, no pension in excess of $60 per month shall be paid to or for the veteran for any period after the end of the second full calendar month following the month of admission for such care.

(B) Where any veteran having neither spouse nor child is being furnished hospital or nursing home care by the Veterans' Administration, no pension in excess of $60 per month shall be paid to or for the veteran for any period after the end of the third full calendar month following the month of admission for such care.

(C) No pension in excess of $60 per month shall be paid to or for a veteran having neither spouse nor child for any period after the month in which such veteran is readmitted for care described in subparagraph (A) or (B) of this paragraph and furnished by the Veterans' Administration if such veteran is readmitted within six months of a period of care of not less than two full calendar months. (Added P.L. 86-211, § 6(3); amended P.L. 87-556, § 1; P.L. 93-177, § 5; P.L. 95-588. § 307.)

(2) The provisions of paragraph (1) shall also apply to a veteran being furnished such care who has a wife but whose pension is payable under section 521 (b) of this title. In such a case, the Administrator may apportion and pay to the wife, upon an affirmative showing of hardship, all or any part of the amounts in excess of the amount payable to the veteran while being furnished such care which would be payable to him if pension were payable under section 521 (c) of this title. (Added P.L. 86-211, § 6(3); amended P.L. 91-24, § 10.) (b) (1) In any case in which a veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, is rated by the Veterans' Administration in accordance with regulations as being incompetent by reason of mental illness, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers' retirement pay shall not be made until the estate is reduced to $500. The amount which would be payable but for this paragraph shall be paid to the veteran in a lump sum; however, no payment of a lump sum herein authorized shall be

1 Sec. 106, Public Law 92-328, provides:

"All compensation or retirement pay which is being withheld pursuant to the provisions of subsections (a) and (b) (1) of section 3203, title 38, United States Code, in effect on the day before the effective date of this Act, shall be paid to the veteran, if competent, in a lump sum. If the veteran is incompetent, the withheld amounts shall be paid in a lump sum, or successive lump sums, subject to the $1,500 and $500 limitations of subsection (b) (1) of such section 3203 as amended by this Act. If a competent veteran dies before payment is made the withheld amounts shall be paid according to the order of precedence, and subject to the time limitation, of subsection (a) (2) of such section 3203 in effect the day before the effective date of this Act. In the event of the death of an incompetent veteran before payment of all withheld amounts, no part of the remainder shall be payable."

made to the veteran until after the expiration of six months following a finding of competency and in the event of the veteran's death before payment of such lump sum no part thereof shall be payable. (Amended P.L. 86-146, § 2; P.L. 86-211, § 6(1); P.L. 92–328, § 104 (c).)

(2) Where any benefit is discontinued by reason of paragraph (1) of this subsection the Administrator may nevertheless appor tion and pay to the dependent parents of the veteran on the basis of need all or any part of the benefit which would otherwise be payable to or for such incompentent veteran. Paragraph (1) of this subsection shall not prevent the payment, out of any remaining amounts discontinued under that paragraph, on account of any veteran of so much of his pension, compensation, or retirement pay as equals the amount charged to the veteran for his current care and maintenance in the institution in which treatment or care is furnished him, but not more than the amount determined by the Administrator to be the proper charge as fixed by any applicable statute or valid administrative regulation. (Added P.L. 86-146, § 2; amended P.L. 92-328, § 104 (d).)

(3) All or any part of the pension, compensation, or retirement pay payable on account of any incompetent veteran who is being furnished hospital treatment, institutional or domiciliary care may, in the discretion of the Administrator, be paid to the chief officer of the institution wherein the veteran is being furnished such treat ment or care, to be properly accounted for by such chief officer and to be used for the benefit of the veteran.

(c) Any veteran subject to the provisions of subsection (b) shall be deemed to be single and without dependents in the absence of satisfactory evidence to the contrary. In no event shall increased compensation, pension, or retirement pay of such veteran be granted for any period more than one year before receipt of satisfactory evidence showing such veteran has a wife, child, or dependent parent. (Amended P.L. 92-328, § 104 (e).)

(d) Notwithstanding any other provision of this section or any other provision of law, no reduction shall be made in the pension of any veteran for any part of the period during which he is furnished hospital treatment, or institutional or domiciliary care, for Hansen's disease, by the United States or any political subdivision thereof. (Amended P.L. 92-328, § 104(f).)

(e) Where any veteran in receipt of an aid and attendance allowance described in section 314 (r) of this title is hospitalized at Government expense, such allowance shall be discontinued from the first day of the second calendar month which begins after the date of his admission for such hospitalization for so long as such hospitalization continues. Any discontinuance required by administrative regulation, during hospitalization of a veteran by the Veterans' Administration, of increased pension based on need of regular aid and attendance or additional compensation based on need of regular aid and attendance as described in subsection (1) or (m) of section 314 of this title, shall not be effective earlier than the first day of the second calendar month which begins after the date of the veteran's admission for hospitalization. In case a

veteran affected by this subsection leaves a hospital against medical advice and is thereafter admitted to hospitalization within six months from the date of such departure, such allowance, increased pension, or additional compensation, as the case may be, shall be discontinued from the date of such readmission for so long as such hospitalization continues.1 (Added P.L. 87-645, § 2(b); amended P.L. 88-450, § 5(a); P.L. 89-362, § 2.)

§3204. Administration of trust funds

All cash balances in the personal funds of patients and the funds due incompetent beneficiaries trust funds administered by the Veterans' Administration, and all moneys received which are properly for deposit into these funds, may be deposited, respectively, into deposit funds accounts with the United States Treasury and such balances and deposits shall thereupon be available for disbursement for properly authorized purposes. When any balances have been on deposit with the Treasurer of the United States for more than one year and represent moneys belonging to individuals whose whereabouts are unknown, they shall be transferred and disposed of as directed in the last proviso of subsection (a) of section 725s of title 31.

CHAPTER 57-RECORDS AND INVESTIGATIONS

Sec.

SUBCHAPTER I-RECORDS

3301. Confidential nature of claims.

3302. Furnishing of records.

3303. Certification of records of District of Columbia.

3304. Transcript of trial records.

SUBCHAPTER II-INVESTIGATIONS

3311. Authority to issue subpenas. 3312. Validity of affidavits.

3313. Disobedience to subpena.

Subchapter I-Records

§3301. Confidential nature of claims

(a) All files, records, reports, and other papers and documents pertaining to any claim under any of the laws administered by the Veterans Administration and the names and addresses of present or former personnel of the armed services, and their dependents, in the possession of the Veterans' Administration shall be confidential and privileged, and no disclosure thereof shall be made except as provided in this section. (Amended P.L. 92-540, § 412(1); P.L. 94–321, §1(a)(1), (2).)

(b) The Administrator shall make disclosure of such files, records, reports, and other papers and documents as are described in subsection (a) of this section as follows: (Added P.L. 94-321, § 1(a) (2).)

(1) To a claimant or duly authorized agent or representative of a claimant as to matters concerning the claimant alone when, in

Sec. 3. Public Law 89-362 provides: "The amendments made by this Act shall also apply to cases in which pension eligibility is subject to the provisions of section 9(b) of the Veterans' Pension Act of 1959."

the judgment of the Administrator, such disclosure would not be injurious to the physical or mental health of the claimant and to an independent medical expert or experts for an advisory opinion pursuant to section 4009 of this title.

(2) When required by process of a United States court to be produced in any suit or proceeding therein pending.

(3) When required by any department or other agency of the United States Government.

(4) In all proceedings in the nature of an inquest into the mental competency of a claimant.

(5) In any suit or other judicial proceeding when in the judg ment of the Administrator such disclosure is deemed necessary and proper. (Amended P.L. 87-671, § 2; P.L. 91–24, § 11; P.L 94-581, § 210(b) (1).)

(c) The amount of pension, compensation, or dependency and indemnity compensation of any beneficiary shall be made known to any person who applies for such information, and the Administrator, with the approval of the President, upon determination that the public interest warrants or requires, may, at any time and in any manner publish any or all information of record pertaining to any claim (Amended P.L. 94-321, § 1(a) (3).)

(d) The Administrator as a matter of discretion may authoriz an inspection of Veterans' Administration records by duly authorize representatives of recognized organizations. (Amended P.L. 94-321 § 1(a)(3); P.L. 94-581, § 210(b) (2).)

(e) Except as otherwise specifically provided in this section wit respect to certain information, the Administrator may release info mation, statistics, or reports to individuals or organizations when i the Administrator's judgment such release would serve a useful pu pose. (Amended P.L. 94-321, §1(a)(3), (4); P.L. 94-58 § 210(b) (3).)

(f) The Administrator may, pursuant to regulations the Admini trator shall prescribe, release the names or addresses, or both, of a present or former members of the Armed Forces, and/or the dependents, (1) to any nonprofit organization if the release is direct connected with the conduct of programs and the utilization of benef under this title, or (2) to any criminal or civil law enforcement gover mental agency or instrumentality charged under applicable law wi the protection of the public health or safety if a qualified represen tive of such agency or instrumentality has made a written request th such names or addresses be provided for a purpose authorized by la Any organization or member thereof or other person who, knowi that the use of any name or address released by the Administra pursuant to the preceding sentence is limited to the purpose specif in such sentence, willfully uses such name or address for a purp other than those so specified, shall be guilty of a misdemeanor a be fined not more than $5,000 in the case of a first offense and not m than $20,000 in the case of any subsequent offense.1 (Added P 92-540, § 412 (2); amended P.L. 94-321, § 1(a) (3), (5).)

1 Sec. 1(b). Public Law 94-321 provides: "The amendments made by subsection of this section (except for the increase in criminal penalties for a violation of second sentence of such subsection (f)), shall be effective with respect to name addresses released on and after October 24, 1972."

(g) Any disclosure made pursuant to this section shall be made in accordance with the provisions of section 552a of title 5. (Added P.L. 94-321, § 1(a) (5).)

§3302. Furnishing of records

(a) Any person desiring a copy of any record, paper, and so forth, in the custody of the Veterans' Administration, which may be disclosed under section 3301 of this title, must make written application therefor to the Veterans' Administration, stating specifically

(1) the particular record, paper, and so forth, a copy of which is desired and whether certified or uncertified; and

(2) the purpose for which such copy is desired to be used. (b) The Administrator is authorized to fix a schedule of fees for copies and certification of such records.

§3303. Certification of records of District of Columbia

When a copy of any public record of the District of Columbia is required by the Veterans' Administration to be used in determining the eligibility of any person for benefits under laws administered by the Veterans' Administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person (including any veterans' organization) acting on his behalf or the authorized representative of the Veterans' Administration with a certified copy of such record.

§3304. Transcript of trial records

The Administrator may purchase transcripts of the record, including all evidence, of trial of litigated cases.

Subchapter II-Investigations § 3311. Authority to issue subpenas

For the purposes of the laws administered by the Veterans' Administration, the Administrator, and those employees to whom the Administrator may delegate such authority, to the extent of the authority so delegated, shall have the power to issue subpenas for and compel the attendance of witnesses within a radius of one hundred miles from the place of hearing, to require the production of books, papers, documents, and other evidence, to take affidavits, to administer oaths and affirmations, to aid claimants in the preparation and presentation of claims, and to make investigations and examine witnesses upon any matter within the jurisdiction of the Veterans' Administration. Any person required by such subpena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.

§ 3312. Validity of affidavits

Any such oath, affirmation, affidavit, or examination, when certified under the hand of any such employee by whom it was administered or taken and authenticated by the seal of the Veterans' Administration, may be offered or used in any court of the United States and without further proof of the identity or authority of such employee shall have like force and effect as if administered or taken before a clerk of such court.

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