Sec. 2.73

2.75

fice of Chief Attorney and other employees who are qualified and designated by station head authorized, when assigned, to conduct investigations (field examinations) and examine witnesses upon any matter within jurisdiction of Veterans Administration, to take affidavits, to administer oaths and affirmations and to aid claimants in preparation of claims. The General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group IV), and the Deputy Assistant General Counsels of said staff group are designated to settle and pay a claim for not more than $6,500 made by a civilian officer or employee of the Veterans Administration for damage to, or loss of, personal property incident to his service on behalf of the Administrator, and such settlement shall be final and conclusive. Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of Compensation, Pension and Education Service designated by him authorized to make findings and decisions under 38 U.S.C. Chapter 31 and applicable regulations, precedents and instructions, as to vocational rehabilitation services for disabled veterans. 2.77 Managers of regional offices and center directors authorized to negotiate and approve contracts with educational institutions and other approved counseling agencies for purpose of providing educational and vocational counseling to persons referred for such services by Veterans Administration.

2.76

2.78 Except as otherwise provided, Chief Benefits Director and supervisory or adjudicative personnel within jurisdiction of Compensation, Pension and Education Service designated by him delegated authority to make findings and decisions under 38 U.S.C. Chapters 34, 35, and 36 and applicable regulations, precedents and instructions, as to programs of education or special restoratitve training.

Chief Benefits Director delegated authority to enter into agreements for reimbursement of State approving agencies under § 21.4153 of this chapter.

2.80 Director, Compensation, Pension and Education Service delegated authority to waive penalties for conflicting interests under § 21.4005 of this chapter.

2.81 Director, Compensation, Pension, and Education Service delegated au

thority to exercise the functions otherwise required of State approving agencies, under § 21.4150(c) of this chapter.

2.82 Director, Compensation, Pension, and Education Service delegated authority to approve courses under § 21.4250 (c) of this chapter. 2.83 General Counsel authorized to act for Administrator of veterans affairs in matters concerning patents and inventions, unless otherwise required by law.

AUTHORITY: The provisions of this Part 2 issued under 72 Stat. 1114; 38 U.S.C. 210. § 2.1 Delegation of authority to employees to issue subpenas, etc.

(a) Employees occupying or acting in the positions designated in paragraph (b) of this section shall have the power to issue subpenas for (by countersigning VA Form 2-4003) and compel the attendance of witnesses within a radius of 100 miles from the place of hearing and to require the production of books, papers, documents, and other evidence. Discretion will be used in the exercise of this power which will not be used except when necessary or when the evidence cannot be obtained efficiently in any other way.

(b) Designated positions: Assistant Administrator for Management and Evaluation; Director, Investigation Service; heads of regional offices and centers having insurance activities, regional office activities, or both.

(c) 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. In case of disobedience to any such subpena, the aid of any district court of the United States may be invoked in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court within the jurisdiction of which the inquiry is carried

on may, in case of contumacy or refusal to obey a subpena issued to any officer, agent, or employee of any corporation or to any other person, issue an order requiring such corporation or other person to appear or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

[24 F.R. 10018, Dec. 11, 1959, as amended at 29 FR. 6776, May 23, 1964]

§ 2.2 Delegation of authority to employees to take affidavits, to administer oaths, etc.

(a) An employee to whom authority is delegated by the Administrator in accordance with 38 U.S.C. 3311, or to whom authority was delegated by the Administrator in accordance with title III, Public Law 844, 74th Congress, section 616, Public Law 801, 76th Congress, and section 1211, Public Law 85-56, is by virtue of such delegated authority, until such authority is revoked or otherwise terminated, empowered to take affidavits, to administer oaths and affirmations, to aid claimants in the preparation and presentation of claims, and to make investigations, examine witnesses, and certify to the correctness of papers and documents upon any matter within the jurisdiction of the Veterans Administration. Such employee is not authorized to administer oaths in connection with the execution of affidavits relative to fiscal vouchers and is not authorized to take acknowledgments to policy loan agreements and applications for cash surrender value to United States Government life insurance and National Service life insurance.

(b) 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.

(c) The delegated authority from the Administrator to employees to take affildavits, to administer oaths, etc., will be evidenced by VA Form 4505 series. [24 F.R. 10018, Dec. 11, 1959]

§ 2.3 Delegation of authority to order paid advertising for community placement homes.

(a) Advertisements for homes willing to provide room, board, personal supervision and such other services as are needed for placements of patients in the community under social work supervision, may be placed in newspapers and periodicals with local circulation in the communities which the station uses for such placements.

(b) Authority to order such advertising is hereby delegated to the Chief Medical Director and heads of Veterans Administration hospitals, domiciliaries, outpatient clinics and regional offices with outpatient clinics pursuant to section 12 of the Act of August 2, 1946, Public Law 600, 79th Congress (5 U.S.C. 22a).

[29 F.R. 6776, May 23, 1964]

§ 2.4 Delegation of authority to order paid advertising for use in recruit

ment.

Paid advertisements may be used in recruitment for competitive and excepted service positions. Such advertisements for positions other than physicians, dentists, and nurses in the Department of Medicine and Surgery, will be used only to the extent authorized by Civil Service Commission instructions. Authority to order such advertising is hereby delegated to the Chief Benefits Director, Chief Data Management Director, Chief Medical Director, Area Medical Directors, the Assistant Administrator for Personnel and field station heads, pursuant to 5 U.S.C. 22a. The authority delegated to Area Medical Directors, and field station heads is subject to such administrative controls as may be imposed by their Departments. The authority delegated in this section may not be redelegated. [29 F.R. 6776, May 23, 1964]

§ 2.5 Delegation of authority to certify copies of documents, records, or papers in Veterans Administration files.

Persons occupying or acting in the following positions in the office of the General Counsel are authorized to certify copies of public documents, records, or papers belonging to or in the files of the Veterans Administration for the purposes of 38 U.S.C. 202: General Counsel,

Deputy General Counsel, Assistant General Counsel, and Deputy Assistant General Counsel.

[25 F.R. 11095, Nov. 23, 1960]

§ 2.6 Administrator's delegations of authority to certain officials (38 U.S.C. 212(a)).

Employees occupying or acting in the positions designated in this section are delegated authority as indicated:

(a) Department of Medicine and Surgery. The Chief Medical Director is delegated authority:

(1) To act on all matters assigned to the Department of Medicine and Surgery by statute (38 U.S.C. Ch. 73) and by regulation, except such matters as require the personal attention or action of the Administrator.

(2) To revise, exceed, delete, increase, or decrease fees contained in Veterans Administration Department of Medicine and Surgery Manual M-1, part I, appendix A (following agreement therefor as provided in the contract with the intermediary involved), in an approved State fee schedule, and to add additional fees when found to be necessary, provided such fees are not in excess of those customarily charged the general public, in the community concerned, for the same service.

(3) To designate the Deputy Medical Director, or other physician of the Department of Medicine and Surgery, and authority is hereby delegated such designee to perform the functions prescribed in subparagraph (2) of this paragraph.

(4) To revise, exceed, delete, increase or decrease dental fees established in Veterans Administration Department of Medicine and Surgery Manual M-4, chapter 6, and any amendments thereto, and to add additional fees when found to be necessary, provided: such fees are not in excess of those customarily charged the general public, in the community concerned, for the same service.

(5) To designate the Assistant Chief Medical Director for Dentistry and authority is hereby delegated such designee to perform the functions prescribed in subparagraph (4) of this paragraph.

(b) Department of Veterans Benefits. (1) The Chief Benefits Director is delegated authority:

(1) To act on all matters assigned to the Vocational Rehabilitation and Education Service, which do not require the personal attention or action of the Administrator.

(ii) To approve contracts with State and local agencies covering the services enumerated in 38 U.S.C. 1645.

(iii) To approve and accept contracts with educational institutions for courses of instruction by correspondence to be furnished to eligible veterans under 38 U.S.C. Ch. 31, and section 12(a), Public Law 85-857.

(iv) To supervise the administration of the provisions of 38 U.S.C. 631 under the agreement pursuant to this legislation consummated with the Government of the Republic of the Philippines and such regulations as may be promulgated by the Administrator of Veterans Affairs.

(2) The Controller, Department of Veterans Benefits, is delegated authority:

(1) To request advances of funds from the Secretary of the Treasury for the purpose of making direct loans to veterans pursuant to 38 U.S.C. 1823; to authorize the investment of reserves in obligations of the Government of the United States; and to authorize the deposit of excess funds into the Treasury of the United States to the credit of miscellaneous receipts pursuant to 38 U.S.C. 1823 (c).

(ii) To approve SF 1151, Nonexpenditure Transfer Authorization, in accordance with section 1210, Public Law 759, 81st Congress, and General Accounting Office Policy and Procedures Manual, title 7, chapter 2000.

(iii) To approve SF 1220, Statement of Transactions, pursuant to 31 U.S.C. 75, 78, and 82, and section 119, Public Law 784, 81st Congress.

(3) The Director, Vocational Rehabilitation and Education Service, is delegated authority:

(i) To act on all matters assigned to the Vocational Rehabilitation and Education Service which do not require the personal attention or action of the Administrator or the Chief Benefits Director.

(ii) To approve contracts with State and local agencies covering the services enumerated in 38 U.S.C. 1645.

(iii) To approve and accept contracts with educational institutions for courses of instruction by correspondence to be furnished to eligible veterans under 38 U.S.C. Ch. 31 and section 12(a), Public Law 85-857.

(4) The special assistant to the Director, Vocational Rehabilitation and Education Service, is delegated authority to assume, when acting for the director, all the authority, duties, and responsibilities

(5) The Manager, Veterans Administration Regional Office, Manila, Philippines, is delegated authority:

(1) To exercise such of the authorities currently delegated to Managers of regional offices as are appropriate to the administration in the Republic of the Philippines of the laws governing the Veterans Administration.

(ii) To approve or disapprove educational institutions and on-the-job training establishments for purposes of section 12(a), Public Law 85-857, and 38 U.S.C. Chs. 33 and 35.

(iii) To administer the provisions of 38 U.S.C. 631 under such regulations as may be promulgated by the Administrator of Veterans Affairs.

(6) The Veterans Administration representative in the Canal Zone is delegated authority as follows:

(i) To furnish general information and assistance, including assistance to claimants and beneficiaries in preparation of applications for benefits; to assist in execution of applications for total disability income benefits, applications for new insurance, waiver of premiums and conversion of Veterans Administration insurance; to investigate and develop facts in apportionment cases; to receive applications for benefits and the evidence in support thereof; to examine such evidence and other papers, including physical examination reports, to determine proper form, completeness and acceptability by the Veterans Administration prior to transmittal; to set forth any knowledge bearing upon the credibility of the claimant or of any evidence submitted in connection with the claim.

(ii) To approve hospitalization of veterans upon prima facie determination of eligibility and to authorize outpatient medical service, including such services furnished to Spanish-American War veterans, when legal eligibility has been established.

(iii) To provide information and assistance to veterans to permit them to be entered into training facilities and educational institutions under title 38, United States Code: to establish and maintain supervision over veterans throughout their period of training, including personal contact of necessary frequency, and adequate recording of

supervision to indicate veteran's attendance, performance and progress.

(iv) To prepare periodical reports to meet Veterans Administration operating requirements; to approve his own travel and travel of employees under his jurisdiction and issue transportation therefor; to authorize overtime of employees when necessary.

(v) To recommend the approval of institutions in the Canal Zone in connection with the continuance of payments to or for a child while pursuing a course of instruction after it attains the age of 18 years.

(7) The Chief of Operations Section and Readjustment Allowance Officer, Finance Division, Veterans Benefits Office, District of Columbia, is delegated authority to act for the Administrator of Veterans Affairs in review and adjudication of claims under title V, Servicemen's Readjustment Act of 1944, as amended.

(8) The Finance Officer, Veterans Benefits Office, District of Columbia, is delegated authority to make assignments of stocks and bonds, title to which has vested in the United States, and to execute requests for payment for the benefit of any fund or appropriation under the jurisdiction of the Veterans Administration.

(9) The Assistant Finance Officer, Veterans Benefits Office, District of Columbia, is delegated authority to certify to the authenticity of the signature of the person executing the requests for payment in subparagraph (8) of this paragraph.

(c) Veterans Administration Controller. (1) The Veterans Administration Controller is delegated authority to make the certifications required by section 1311(c), Public Law 663, 83d Congress.

(2) The Chief, Coordination Staff, Budget Service, Office of the Veterans Administration Controller, is delegated authority:

(1) To authorize in writing, officers and employees of the Veterans Administration to certify vouchers to Disbursing Officers of the Division of Disbursement, Treasury Department, for payment, pursuant to the provisions of Public Law 389, 77th Congress, and Treasury Department Circular No. 680, Revised, dated December 16, 1955, as amended, and to amend or revoke such authorizations of certifying officers whenever necessary.

(ii) To approve SF 1151, Nonexpenditure Transfer Authorization, in accordance with section 1210, Public Law 759, 81st Congress, and General Accounting Office Policy and Procedures Manual, title 7, chapter 2000.

(d) Veterans Administration Central Office Loan Guaranty Committee on Compromises. (1) The personnel of the Veterans Administration Central Office Loan Guaranty Committee on Compromises designated in subparagraph (3) of this paragraph are delegated authority to perform the duties and responsibilities prescribed in § 36.4386 of this chapter.

(2) The Chairman and Alternate Chairman, Committee on Compromises, are delegated authority to certify the actions and decisions of the committee.

(3) The Veterans Administration Central Office Loan Guaranty Committee on Compromises, as established by § 36.4381 of this chapter issued pursuant to provisions of 38 U.S.C. 1820, shall be composed of the following:

Director, Loan Guaranty Service-Chair

(e) General Counsel and Chief Attorneys. (1) Under the Federal Tort Claims Act pursuant to provisions of 28 U.S.C. 2672, authority is delegated to all Chief Attorneys and to each of the personnel designated in subdivision (iii) of this subparagraph to:

(i) Act on behalf of the United States to consider, ascertain, adjust, determine, and settle any claim not exceeding $2,500 for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Veterans Administration while acting within the scope of his office or employment and to execute an appropriate voucher and other neces

sary instruments in connection with final disposition of such claim.

(ii) Except as provided in subparagraph (4) of this paragraph, authority is delegated to each of the personnel designated in subdivision (iii) of this subparagraph to execute an appropriate voucher and other necessary instruments in connection with any claim arising out of a negligent or wrongful act or omission of an employee of the Veterans Administration which is compromised by the Attorney General pursuant to 28 U.S.C. 2677.

(iii) General Counsel, Deputy General Counsel, Assistant General Counsels, Assistant to General Counsel, Special Assistant to the General Counsel, Deputy Assistant General Counsels.

(2) Under the provisions of Public Law 87-693, providing for the recovery from tortiously liable third persons of the cost of hospital and medical care and treatment furnished or to be furnished by the United States, as implemented by regulations of the Attorney General (Part 43, title 28, Code of Federal Regulations), issued pursuant to Executive Order 11060, dated November 7, 1962, 27 F.R. 10925, authority is delegated to each of the personnel designated in subdivision (iv) of this subparagraph to:

(i) Accept the full amount of a claim and execute a release therefor.

(11) Compromise or settle and execute a release of any claim, not in excess of $5,000, which the United States has for the reasonable value of such care and treatment.

(iii) Waive and in this connection release any claim, not in excess of $5,000, in whole or in part, either for the convenience of the Government, or if he determines that collection would result in undue hardship upon the person who suffered the injury or disease resulting in the care and treatment.

(iv) General Counsel, Deputy General Counsel, Assistant General Counsel (Professional Staff Group I), Deputy Assistant General Counsel (Professional Staff Group I) as designated by Assistant General Counsel.

(3) Pursuant to the authority stated in subparagraph (2) of this paragraph the Chief Attorneys are delegated authority to accept the full amount of any such claim and to execute a release therefor or to execute a release with