or agreement to perform any sexual act for money or payment.

§ 1.219

Offenses and penalties.

(a) Penalty limitations. Conduct in violation of the rules and regulations set forth in § 1.218 subjects an offender to arrest and removal from the premises. Whoever shall be found guilty of violating these rules and regulations while on any property under the charge and control of the Veterans Administration is subject to a fine as set forth in the schedule in paragraph (b) of this section or, if appropriate, the payment of fixed sum in lieu of appearance (forfeiture of collateral) as may be provided for in rules of the United States District Court. Violations of § 1.218 not included in the schedule of offenses and penalties subjects an offender to a fine of not more than $50, or imprisonment of not more than 30 days, or both.

(b) Schedule of offenses and penalties. An offender who violates any of the offenses listed in this paragraph may also be imprisoned for not more than 30 days.

(1) Improper disposal of rubbish on property

$40

(2) Spitting on property-.. (3) Throwing of articles from a build

5

(12) Failure to depart premises by unauthorized persons--

(13) Unauthorized loitering, sleeping or assembly on property--

(14) Gambling

-

in

participating games of chance for monetary gain or personal property; the operation of gambling devices, a pool or lottery; or the taking or giving of bets____

(15) Operation of a vehicle under the influence of alcoholic beverages or nonprescribed narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines

(16) Entering premises under the influence of alcoholic beverages or nonprescribed narcotic drugs, hallucinogens, marijuana, barbiturates or amphetamines

(17) Unauthorized use on property of alcoholic beverages or narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines

of

(19) Unauthorized solicitation of alms and contributions on premises

ing or the unauthorized climbing upon any part of a building

(4) Willful destruction, damage, or removal of Government property without authorization__. (5) Defacement, destruction, mutilation or injury to, or removal, or disturbance of, gravemarker or headstone

(6) Failure to comply with signs of a directive and restrictive nature posted for safety purposes---(7) Tampering with, removal, marring, or destruction of posted signs

(8) Entry into areas posted as closed to the public or others (trespass)

or

tration property....

50

(10) Creating a disturbance during a

burial ceremony

25

(11) Disorderly conduct which creates loud, boisterous, and unusual noise, or which obstructs the normal use of entrances, exits, foyers, offices, corridors, elevators, and stairways, or which tends to impede or prevent the normal operation of a service or operation of the facility---

20-121-74- 3

(29) Parking in spaces posted as reserved or in excess of a posted time limit

(30) Failing to come to a complete stop at a STOP sign___.

(31) Failing to yield to a pedestrian in a marked and posted crosswalk____ (32) Driving in the wrong direction on a posted one-way street_____ (33) Operation of a vehicle in a reckless or unsafe manner, drag racing, overriding curbs, or leaving the roadway

(34) Exceeding posted speed limits___ (35) Creating excessive noise in a hospital or cemetery zone by muffler cut out, excessive use of a horn, or other means---.

(36) Failure to yield right of way to other vehicles..

(37) Possession of firearms, carried either openly or concealed, whether loaded or unloaded (except by Federal or State law enforcement officers on official business). (38) Introduction or possession of explosives, or explosive devices which fire a projectile, ammunition, or combustibles

(39) Knives which exceed a blade length of 3 inches: switchblade knives; any of the variety of hatchets, clubs, and hand-held weapons; and brass knuckles____. (40) The unauthorized possession of any of the variety of incapacitating liquid

emitting weapons_

or gas

25

(a) Facility Veterans Administration police and investigators found qualified and duly appointed by heads of facilities to act as special investigators for the purposes of 38 U.S.C. 218(a) (3), will enforce §§ 1.218 and 1.219 and other Federal laws on Veterans Administration property in accordance with operating procedures issued by respective Veterans Administration Department Directors and under the direction of the head of the facility.

(b) Nothing contained in Veterans Administration rules and regulations set forth in §§ 1.218 and 1.219 shall be construed to abrogate any other Federal

laws or regulations or any State and local laws and regulations applicable to the area in which the Veterans Administration property is situated.

INVESTIGATION

AUTHORITY: §§ 1.450 to 1.455 issued under 72 Stat. 1114; 38 U.S.C. 210.

SOURCE: 1.450 to 1.455 appear at 21 F. R. 10374, Dec. 28, 1956, unless otherwise noted.

§ 1.450 Jurisdiction and responsibility for investigation.

The Investigation Service of Central Office will have jurisdiction and be responsible for the making of administrative and other investigations, surveys and special studies at all levels and in all activities of the Veterans Administration, as well as of those organizations, associations, or individuals having official dealings or relationships with the Veterans Administration, as set forth in and authorized by §§ 1.451 and 1.452.

In performing its functions the Investigation Service will be guided by the following: There will be assigned in Central Office an adequate number of special investigators, who will conduct under the direction and supervision of the Director, Investigation Service, properly authorized investigations and perform other related duties arising therefrom or ancillary thereto. Administrative investigations will be accomplished when the occasion demands and where it is necessary to develop the evidence on a given subject through the taking of testimony and procurement of documentary evidence in connection with alleged irregularities, maladministration involving violation of Federal statutes, Veterans Administration regulations, instructions, or policies. Surveys and special studies may be conducted when the occasion arises.

§ 1.452 Authorizations for investigations, surveys and special studies.

(a) Central Office. The Administrator or his designee may authorize investigations, surveys and special studies of any nature involving Central Office, district offices, regional offices, VA offices, hospitals, centers, forms and supply depots, or any activity of the Veterans Administration concerning the following:

(1) Matters involving internal administration and functioning of any office or activity.

(2) Matters involving conduct of an officer or employee of the Veterans Administration.

(3) Matters involving cooperating agencies, organizations, associations, or individuals having official dealings or relationships with the Veterans Administration.

(4) Such matters involving alleged irregularities, maladministration, violation of Federal statutes, Veterans Administration regulations, instructions, and policies, and attempts to defraud the Government by any person within or without the Veterans Administration.

(5) Cases of claimants involving administrative irregularities or the conduct of an officer or employee of the Veterans Administration incident thereto.

(6) Cases of claimants which are of a nature sufficiently serious or complex and could not otherwise be satisfactorily investigated.

(7) Such other matters as in the judgment of the Administrator or his designee require investigation, survey or special study.

(b) Board of Veterans Appeals cases. Investigations of matters before the Board of Veterans Appeals may be approved by the Chairman, Board of Veterans Appeals under authority delegated to him by the Administrator.

(c) Field stations. Managers of district offices, regional offices, hospitals and centers, depots, or other offices shall have authority to order or approve investigations on matters involving complaints and infractions of Veterans Administration regulations or law subject to the following: loss or theft of funds or personal property, etc.; assaults upon, injuries to, and elopement of beneficiaries; and field examinations conducted by representatives from the office of the Chief Attorney, in accordance with the provisions of §§ 13.50 to 13.54 of this chapter. On serious matters and those set forth in paragraph (a) (1) through (7) of this section, a preliminary report will be forwarded for consideration of the Director, Investigation Service, with appropriate comment and recommendation. In any instance where the situation is of such gravity or so far-reaching that Central Office assistance or guidance is needed, or in matters of emergent character involv

ing potential adverse publicity and matters involving public policy or widespread public interest, the Administrator will be immediately informed by the most rapid means of communication with an outline of the full facts and recommendations of the field station official.

§ 1.453 Cooperation of all officials on investigation.

Managers, as well as other officials and employees of district offices, regional offices, hospitals and centers, depots, or other offices will at all times render every assistance and cooperation to special investigators of Central Office. This ccoperation will include the temporary transfer of any claims, insurance, clinical, correspondence, or other records. Such stenographic and other necessary services as may be requested at such times and points as desired will be furnished by Managers and other comparable officials without regard for territorial limitations. This section will be cited as the authority for such action. Travel orders issued under this authority will be charged against station allotments.

§ 1.454 Unauthorized disclosure of in

vestigative information.

All testimony given in an investigation conducted by the Investigation Service and the report of investigation and its contents are for the use of the Administrator and his staff only and will not be disclosed to unauthorized persons within or without the Veterans Administration. Under no circumstances should reports of investigation or their contents be forwarded or disclosed to field stations, Managers, or other officials within or without the Veterans Administration, without clearance through and authorization by either the Administrator, Deputy Administrator, Assistant Ad

ministrator for Appraisal and Security, or the Director, Investigation Service, except those reports referred to the office of the General Counsel or the Chief Attorney for purposes of criminal prosecution or litigation, or reports of investigation authorized by the Chairman, Board of Veterans Appeals. In order that investigations may not interrupt the normal functions of a station, all employees are instructed to refrain from discussing matters under investigation either during the investigation or after its completion. Particularly those employees

called upon to testify will refrain from discussing their testimony except with the investigator.

§ 1.455

Witnesses required to read and sign transcript.

In all instances where verbatim testimony is taken and transcribed, the witness will be afforded an opportunity to read and sign the transcription, unless it is not feasible to do so, and in such cases a statement of the reason for the witness failing to sign will be appended to the transcription, together with certification by the stenographer that it is a true and accurate transcription of the notes; or when, under unusual circumstances, sound recording equipment is used and it is impracticable for the investigator to await the return of transcribed testimony, in which event certification will be made by the special investigator as to the circumstances. RELEASE OF INFORMATION FROM VETERANS ADMINISTRATION CLAIMANT RECORDS'

NOTE: §§ 1.500 through 1.527 concern the availability and release of information from files, records, reports, and other papers and documents in Veterans Administration custody pertaining to claims under any of the laws administered by the Veterans Administration. As to the release of information from Veterans Administration records other than claimant records, see § 1.550 through 1.558. §§ 1.500 through 1.526 implement the provisions of 38 U.S.C. 3301, 3302. [32 F.R. 10848, July 25, 1967]

AUTHORITY: §§ 1.500 to 1.527 issued under 72 Stat. 1114, 1236, as amended; 38 U.S.C. 210, 3301.

(a) Files, records, reports, and other papers and documents pertaining to any claim filed with the Veterans Administration, whether pending or adjudicated, and the names and addresses of present or former personnel of the armed services, and their dependents, in the possession of the Veterans Administration, will be deemed confidential and privileged, and no disclosure therefrom will be made except in the circumstances and under the conditions set forth in §§ 1.501 through 1.526.

(b) A claimant may not have access to or custody of official Veterans Administration records concerning himself nor may a claimant inspect records concerning himself. Disclosure of information

132 FR. 10848, July 25, 1967.

from Veterans Administration records to a claimant or his duly authorized agent or representative may be made, however, under the provisions of §§ 1.501 through 1.526.

(c) Each department, staff office, and field station head will designate an employee(s) who will be responsible for initial action on (granting or denying) requests to inspect or obtain information from or copies of records under their jurisdiction and within the purview of §§ 1.501 through 1.526 unless the regulations in this part currently contain such designations. The request should be made to the office concerned (having jurisdiction of the record desired) or, if not known, to the Director or Veterans Assistance Officer in the nearest VA regional office or to the VA Central Office, 810 Vermont Avenue NW., Washington, D.C. 20420. Personal contacts should normally be made during the regular duty hours of the office concerned, which are 8 a.m. to 4:30 p.m., Monday through Friday, for VA Central Office and most field stations. Any legal question arising in a field station concerning the release of information will be referred to the appropriate Chief Attorney for disposition as contemplated by § 13.401 of this chapter. In central office such legal questions will be referred to the General Counsel. Any administrative question will be referred through administrative channels to the appropriate department or staff office head.

(d) Upon denial of a request under paragraph (c) of this section, the responsible Veterans Administration official or designated employee will inform the requester in writing of the denial and advise him that he may appeal the denial. The requester will also be furnished the title and address of the Veterans Administration official to whom the appeal should be addressed. (See § 1.527.) In each instance of denial of a request, the denial will be made a matter of record and the record will contain a citation to the specific provision of Veterans Administration regulations upon which the denial is based.

[24 FR 8174, Oct. 8, 1959, as amended at 32 FR 10848, July 25, 1967; 38 FR 15601, June 14, 1973]

§ 1.501 Release of information by the Administrator.

The Administrator of Veterans Affairs or the Deputy Administrator may release information, statistics, or reports to in

§ 1.503

Disclosure of information to a veteran or his duly authorized representative as to matters concerning the veteran alone.

Information may be disclosed to a veteran or his duly authorized representative as to matters concerning himself alone when such disclosure would not be injurious to the physical or mental health of the veteran. If the veteran be deceased, matters concerning him may be disclosed to his widow, children, or next of kin if such disclosure will not be injurious to the physical or mental health of the person in whose behalf information is sought or cause repugnance or resentment toward the decedent. [13 F.R. 6999, Nov. 27, 1948]

§ 1.504 Disclosure of information to a widow, child, or other claimant. Information may be disclosed to a widow, widower, child, or other dependent parent or other claimant, or the duly authorized representative of any of these persons as to matters concerning such person alone when such disclosure will not be injurious to the physical or mental health of the person to whom the inquiry relates.

If the person concerning whom the information is sought is deceased, matters concerning such person may be disclosed to the next of kin if the disclosures will not be injurious to the physical or mental health of the person in whose behalf the information is sought or cause repugnance or resentment toward the decedent. [13 F.R. 6999, Nov. 27, 1948] § 1.505 Genealogy.

Information of a genealogical nature when its disclosure will not be detrimental to the memory of the veteran and not prejudicial, so far as may be apparent, to the interests of any living

person or to the interests of the Government may be released by the Veterans Administration or in the case of inactive records may be released by the Archivist of the United States if in his custody. [13 F.R. 6999, Nov. 27, 1948]

§ 1.506

Disclosure of records to Federal Government departments, State unemployment compensation agencies and the Office of Servicemen's Group Life Insurance.

(a) All records or documents required for official purposes by any department or other agency of the U.S. Government or any State unemployment compensation agency acting in an official capacity for the Veterans Administration shall be furnished in response to an official request, written, or oral, from such department or agency. If the requesting department or agency does not indicate the purpose for which the records or documents are requested and there is doubt as to whether they are to be used for official purposes, the requesting department or agency will be asked to specify the purpose for which they are to be used.

(b) The Chief Benefits Director, Director of Insurance Service, or designee of either in Central Office, is authorized to release information to OSGLI (Office of Servicemen's Group Life Insurance) for the purpose of alding in the settlement of a particular insurance case. [33 F.R. 2994, Feb. 15, 1968]

§ 1.507 Disclosures to Members of Congress.

Members of Congress shall be furnished' in their official capacity in any case such information contained in the Veterans Administration files as may be requested for official use. However, in any unusual case, the request will be presented to the Administrator, Deputy Administrator, or staff or department head for personal action. When the requested information is of a type which may not be furnished a claimant, the Member of Congress shall be advised that the information is furnished to him confidentially in his official capacity and should be so treated by him. (See 38 U.S.C 3301.) Information concerning the beneficiary designation of a United States Government Life Insurance or National Service Life Insurance policy is deemed confidential and privileged and during the insured's lifetime shall not be disclosed to anyone other than the insured or his duly appointed