Custom Federal Regulations Service™

**This is supplemental material**

**for Book A of your set of**

**Federal Regulations**

Title 38, Parts 0, 1, 2, 12,

14-16, 18--20, 25-26, 39-45, 48

*General*

**Veterans Benefits Administration**

Supplement No. 67

Covering period of *Federal Register* issues

through February 23, 2005

Copyright © 2005 Jonathan Publishing

**Need Assistance?**

Printing for all supplements is performed by the United States
Government

Printing Office. Distribution is the responsibility of the

VA Forms and Publications Depot. Accordingly:

Questions concerning **[missing supplements]{.smallcaps}**, need for
**[additional books]{.smallcaps}**, and other **[distribution
list]{.smallcaps}** issues for this loose-leaf service should be
directed to:

Department of Veterans Affairs

Veterans Benefits Administration

Directives, Forms and Records Staff

Mail Code: 20S5

810 Vermont Avenue, N.W.

Washington DC 20420

Telephone: 202/273-7080

Fax: 202/275-5947

Questions concerning the **[filing instructions]{.smallcaps}** for this
loose-leaf service,

or the reporting of **[substantive errors]{.smallcaps}** in the text,

may be directed to:

Jonathan Publishing

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Driftwood TX 78619

Telephone: 512/858-1225

Fax: 512/858-1230

E-mail: garyknight@ev1.net

Copyright © 2005 Jonathan Publishing

# GENERAL INSTRUCTIONS

Custom Federal Regulations Service™

**Supplemental Materials for *Book A***

**Code of Federal Regulations**

**Title 38, Parts 0, 1, 2, 12, 14-16, 18--20, 25-26, 39-45, 48**

***General***

**Veterans Benefits Administration**

**Supplement No. 67**

25 February 2005

Covering the period of Federal Register issues

through February 23, 2005

When **Book A** was originally prepared, it was current through final
regulations published in the *Federal Register* of 21 April 1992. These
supple­mental materials are designed to keep your regulations up to date.
You should file the attached pages immediately, and record the fact that
you did so on the *Supplement Filing Record* which begins on page A-8 of
Book A, *General*.

> **To ensure accuracy and timeliness of your materials,**
>
> **it is important that you follow these simple procedures:**
>
> 1\. Always file your supplemental materials immediately upon receipt.
>
> 2\. Before filing, always check the Supplement Filing Record (page
> A-8) to be sure that all prior supplements have been filed. If you are
> missing any supple­ments, contact the Veterans Benefits Administration
> at the address listed on page A-2.
>
> 3\. After filing, enter the relevant information on the Supplement
> Filing Record sheet (page A-8)---the date filed, name/initials of
> filer, and date through which the *Federal Register* is covered.
>
> 4\. If as a result of a failure to file, or an undelivered supplement,
> you have more than one supplement to file at a time, be certain to
> file them in chronological order, lower number first.
>
> 5\. Always retain the filing instructions (simply insert them at the
> back of the book) as a backup record of filing and for reference in
> case of a filing error.
>
> 6\. Be certain that you *permanently discard* any pages indicated for
> removal in the filing instructions in order to avoid confusion later.

To execute the filing instructions, simply remove *and throw away* the
pages listed under *Remove These Old Pages,* and replace them in each
case with the corres­pond­ing pages from this supplement listed under *Add
These New Pages*. Occasionally new pages will be added without removal
of any old material (reflecting new regulations), and occasionally old
pages will be removed with­out addition of any new material (reflecting
rescinded regulations)---in these cases the word *None* will appear in
the appropriate column.

> **FILING INSTRUCTIONS**

**Book A, Supplement No. 67**

**February 25, 2005**

*Remove these Add these Section(s)*

*[old pages]{.underline} [new pages]{.underline} [Affected]{.underline}*

**Do not file this supplement until you confirm that**

**all prior supplements have been filed**

A-15 to A-16 A-15 to A-16 Index to Book A

A-41 to A-54 A-41 to A-54 Index to Book A

**1.[index]{.smallcaps}-3 to 1. [index]{.smallcaps} --8
1.[index]{.smallcaps}-3 to 1. [index]{.smallcaps} --8 Index to Part 1**

1.582-7 to 1.673-1 1.582-7 to [1.582-8]{.underline} §§1.600--1.633

removed

##  None Tab for new Part 38 Part 38

**(not provided)**

**None 38.title page to 38.633-2 New Part 38; add after**

**existing Part 26**

**Be sure to complete the**

***Supplement Filing Record* (page A-8)**

**when you have finished filing this material.**

> **HIGHLIGHTS**

**Book A, Supplement No. 67**

**February 25, 2005**

***Supplement* Highlights *references***: Where substantive changes are
made in the text of regulations, the paragraphs of *Highlights* sections
are cited at the end of the relevant section of text. Thus, if you are
reading §3.263, you will see a note at the end of that section which
reads: "Supplement *Highlights* references---6(2)." This means that
paragraph 2 of the *Highlights* section in Supplement No. 6 contains
information about the changes made in §3.263. By keeping and filing the
*Highlights* sections, you will have a reference source explaining all
substantive changes in the text of the regulations.

***Supplement frequency***: This Book A (*General*) was originally
supplemented twice a year, in April and October. Beginning 1 August
1995, supplements will be issued *every month* during which a final rule
addition or modification is made to the parts of Title 38 covered by
this book. Supplements will be numbered consecutively as issued.

**Modifications in this supplement include the following:**

1\. On 31 January 2005, the VA published a final rule, effective that
same date, to move the regulations administered by the National Cemetery
Administration and located in Part 1, to new Part 38. Non-substantive
changes were made to headings of regulations, but no substantive changes
to the text were made other than conforming changes to section numbers.
Changes:

Removed §§1.600 through 1.633; and

Added a new Part 38 (§§38.600 through 38.633).

1.513 Disclosure of information contained in Armed Forces service and

related medical records in Department of Veterans Affairs custody
1.513-1

1.513a Confidentiality of information and patient records prepared or

obtained under the sickle cell anemia program 1.513a-1

1.514 Disclosure to private physicians and hospitals other than
Department

of Veterans Affairs 1.514-1

1.514a Disclosure to private psychologists 1.514a-1

1.515 To commanding officers of State soldiers' homes 1.515-1

1.516 Disclosure of information to undertaker concerning burial of a

deceased veteran 1.516-1

1.517 Disclosure of vocational rehabilitation and education information
to

educational institutions cooperating with the Department of

Veterans Affairs 1.517-1

1.518 Addresses of claimants 1.518-1

1.519 Lists of names and addresses 1.519-1

1.520 Confidentiality of social data 1.520-1

1.521 Special restrictions concerning social security records 1.521-1

1.522 Determination of the question as to whether disclosure will be

prejudicial to the mental or physical health of claimant 1.522-1

1.523 \[Reserved\]

1.524 Persons authorized to represent claimants 1.524-1

1.525 Inspection of records by or disclosure of information to
recognized

representatives of organizations and recognized attorneys 1.525-1

1.526 Copies of records and papers 1.526-1

1.527 Administrative review 1.527-1

**Release of Information from Department of Veterans**

**Affairs Records other than Claimant Records**

1.550 General 1.550-1

1.551 \[Removed\]

1.552 Public access to information that affects the public when not

published in the *Federal Register* as constructive notice 1.552-1

1.553 Public access to other reasonably described records 1.553-1

1.553a Time limits for Department of Veterans Affairs response to

requests for records 1.553a-1

1.554 Exemptions from public access to agency records 1.554-1

1.554a Predisclosure notification procedures for confidential

commercial information 1.554a-1

1.555 Fees 1.555-1

1.556 Requests for other reasonably described records 1.556-1

1.557 Administrative review 1.557-1

**Safeguarding Personal Information in Department of Veterans Affairs
Records**

1.575 Social security numbers in veterans' benefits matters 1.575-1

1.576 General policies, conditions of disclosure, accounting of certain

disclosures, and definitions 1.576-1

1.577 Access to records 1.577-1

1.579 Amendment of records 1.579-1

1.580 Administrative review 1.580-1

1.582 Exemptions 1.582-1

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**Inventions by Employees of Department of Veterans Affairs**

1.650 Purpose 1.650-1

1.651 Definitions 1.651-1

1.652 Criteria for determining rights to employee inventions 1.652-1

1.653 Delegation of authority 1.653-1

1.654 Patenting of inventions 1.654-1

1.655 Government license in invention of employee 1.655-1

1.656 Information to be submitted by inventor 1.656-1

1.657 Determination of rights 1.657-1

1.658 Right of appeal 1.658-1

1.659 Relationship to incentive awards program 1.659-1

1.660 Expeditious handling 1.660-1

1.661 Information to be kept confidential 1.661-1

1.662 Provisions of regulations made a condition of employment 1.662-1

1.663 Licensing of Government-owned inventions 1.663-1

**Administrative Control of Funds**

1.670 Purpose 1.670-1

1.671 Definitions 1.671-1

1.672 Responsibilities 1.672-1

1.673 Responsibility for violations of the administrative subdivision of
funds 1.673-1

23.110 Remedial and affirmative action and self-evaluation .23.110-1

23.115 Assurance required .23.115-1

23.120 Transfers of property .23.120-1

23.125 Effect of other requirements .23.125-1

23.130 Effect of employment opportunities .23.130-1

23.135 Designation of responsible employee and adoption of grievance
procedures .23.135-1

23.140 Dissemination of policy .23.140-1

**Subpart B---Coverage**

23.200 Application .23.200-1

23.205 Educational institutions and other entities controlled by

religious organizations .23.205-1

23.210 Military and merchant marine educational institutions .23.210-1

23.215 Membership practices of certain organizations .23.215-1

23.220 Admissions .23.220-1

23.225 Educational institutions eligible to submit transition plans
.23.225-1

23.230 Transition plans .23.230-1

23.235 Statutory amendments .23.235-1

**Subpart C---Discrimination on the Basis of Sex in Admission**

**and Recruitment Prohibited**

23.300 Admission .23.300-1

23.305 Preference in admission .23.305-1

23.310 Recruitment .23.310-1

**Subpart D---Discrimination on the Basis of Sex in Education**

**Programs or Activities Prohibited**

23.400 Education programs or activities .23.400-1

23.405 Housing .23.405-1

23.410 Comparable facilities .23.410-1

23.415 Access to course offerings .23.415-1

23.420 Access to schools operated by LEAs .23.420-1

23.425 Counseling and use of appraisal and counseling materials
.23.425-1

23.430 Financial assistance .23.430-1

23.435 Employment assistance to students .23.435-1

23.440 Health and insurance benefits and services .23.440-1

23.445 Marital or parental status .23.445-1

23.450 Athletics .23.450-1

23.455 Textbooks and curricular material .23.455-1

**Subpart E---Discrimination on the Basis of Sex in Employment in
Education**

**Programs or Activities Prohibited**

23.500 Employment .23.500-1

23.505 Employment criteria .23.505-1

23.510 Recruitment .23.510-1

23.515 Compensation .23.515-1

23.520 Job classification and structure .23.520-1

23.525 Fringe benefits .23.525-1

23.530 Marital or parental status .23.530-1

23.535 Effect of state or local law or other requirements. 23.535-1

23.540 Advertising .23.540-1

23.545 Pre-employment inquiries .23.545-1

23.550 Sex as a bona fide occupational qualification .23.550-1

**Subpart F---Procedures**

23.600 Notice of covered programs .23.600-1

23.605 Enforcement procedures .23.605-1

**Part 25**

**Uniform Relocation Assistance and Real Property**

**Acquisition for Federal and Federally Assisted Programs**

25.1 Uniform relocation 25.1-1

**Part 26**

**Environmental Effects of the**

**Department of Veterans Affairs (VA) Actions**

26.1 Issuance and purpose 26.1-1

26.2 Applicability and scope 26.2-1

26.3 Definitions 26.3-1

26.4 Policy 26.4-1

26.5 Responsibilities 26.5-1

26.6 Environmental documents 26.6-1

26.7 VA environmental decision making and documents 26.7-1

26.8 Assistance to applicants 26.8-1

26.9 Information on and public participation in VA environmental process
26.9-1

**Part 38**

**National Cemeteries of the**

**Department of Veterans Affairs**

38.600 Definitions 38.600-1

38.601 Advisory Committee on Cemeteries and Memorials 38.601-1

38.602 Names for national cemeteries and features 38.602-1

38.603 Gifts and donations 38.603-1

38.617 Prohibition of interment or memorialization of persons who have
been convicted of

Federal or State capital crimes 38.617-1

38.618 Findings concerning commission of a capital crime where a person
has not been

convicted due to death or flight to avoid prosecution 38.618-1

38.620 Persons eligible for burial 38.620-1

38.621 Disinterments 38.621-1

38.629 Outer burial receptacle allowance 38.629-1

38.630 Headstones and markers 38.630-1

38.631 Graves marked with a private headstone or marker 38.631-1

38.632 Headstone and marker application process 38.632-1

38.633 Group memorial monuments 38.633-1

**Part 39**

**Aid to States for Establishment, Expansion, and Improvement of
Veterans' Cemeteries**

**Subpart A---General Provisions**

39.1 Purpose 39.1-1

39.2 Definitions 39.2-1

39.3 Decisionmakers, notifications, and additional information 39.3-1

39.4 Submissions of information and documents to VA 39.4-1

**Subpart B---Grant Requirements and Procedures**

39.5 General requirements for a grant 39.5-1

39.6 Preapplication requirements 39.6-1

39.7 Priority list 39.7-1

39.8 Plan preparation 39.8-1

39.9 Conferences . 39.9-1

39.10 Application requirements 39.10-1

39.11 Final review and approval of application 39.11-1

39.12 Hearings 39.12-1

39.13 Amendments to application . 39.13-1

39.14 Withdrawal of application 39.14-1

**Subpart C---Award of Grant**

39.15 Amount of grant 39.15-1

39.16 Line item adjustment to grant 39.16-1

39.17 Payment of grant award 39.17-1

39.18 Recapture provisions 39.18-1

**Subpart D---Standards and Requirements for Project**

39.19 General requirements for site selection and construction of
veterans' cemeteries 39.19-1

39.20 Site planning standards 39.20-1

39.21 Space criteria for support facilities . 39.21-1

39.22 Architectural design standards 39.22-1

.

**Subpart E---Responsibilities, Inspections, and Reports Following
Project Completion**

39.23 Responsibilities following project completion 39.23-1

39.24 State to retain control of operations . 39.24-1

39.25 Inspections, audits, and reports 39.25-1

**Subpart F---Forms**

39.26 Forms 39.26-1

**Part 40**

**Intergovernmental Review of Department of Veterans Affairs Programs
and Activities**

40.1 Purpose 40.1-1

40.2 Definitions 40.2-1

40.3 Programs and activities 40.3-1

40.4 General 40.4-1

40.5 Federal interagency coordination 40.5-1

40.6 Selection of programs and activities 40.6-1

40.7 Communicating with State and local officials concerning

VA's programs and activities 40.7-1

40.8 Commenting on proposed Federal financial assistance and

direct Federal development 40.8-1

40.9 Comment receipt and response to comments 40.9-1

40.10 Making efforts to accommodate intergovernmental concerns 40.10-1

40.11 Interstate 40.11-1

40.12 \[Reserved\]

40.13 Waiver 40.13-1

**Part 41**

**Auditing Requirements**

41.1 Purpose 41.1-1

41.2--41.4 \[Reserved\]

41.5 Definitions 41.5-1

41.6 Scope of audit 41.6-1

41.7 Frequency of audit 41.7-1

41.8 Internal control and compliance reviews 41.8-1

41.9 Subrecipients 41.9-1

41.10 Relation to other audit requirements 41.10-1

41.11 Cognizant agency responsibilities 41.11-1

41.12 Illegal acts or irregularities 41.12-1

41.13 Audit reports 41.13-1

41.14 Audit resolution 41.14-1

41.15 Audit workpapers and reports 41.15-1

41.16 Audit costs 41.16-1

41.17 Sanctions 41.17-1

41.18 Auditor selection 41.18-1

41.19 Small and minority audit firms 41.19-1

41.20 Reporting 41.20-1

**Part 42**

**Standards Implementing the Program Fraud Civil Remedies Act**

42.1 Basis and purpose 42.1-1

42.2 Definitions 42.2-1

42.3 Basis for civil penalties and assessments 42.3-1

42.4 Investigation 42.4-1

42.5 Review by the reviewing official 42.5-1

42.6 Prerequisites for issuing a complaint 42.6-1

42.7 Complaint. 42.7-1

42.8 Service of complaint 42.8-1

42.9 Answer 42.9-1

42.10 Default upon failure to file an answer 42.10-1

42.11 Referral of complaint and answer to the

Administrative Law Judge (ALJ) 42.11-1

42.12 Notice of hearing 42.12-1

42.13 Parties to the hearing 42.13-1

42.14 Separation of functions 42.14-1

42.15 Ex parte contacts 42.15-1

42.16 Disqualification of reviewing official or ALJ 42.16-1

42.17 Rights of parties 42.17-1

42.18 Authority of the ALJ 42.18-1

42.19 Prehearing conferences 42.19-1

42.20 Disclosure of documents 42.20-1

42.21 Discovery 42.21-1

42.22 Exchange of witness lists, statements, and exhibits 42.22-1

42.23 Subpoenas for attendance at hearing 42.23-1

42.24 Protective order 42.24-1

42.25 Fees 42.25-1

42.26 Form, filing and service of papers 42.26-1

42.27 Computation of time 42.27-1

42.28 Motions 42.28-1

42.29 Sanctions 42.29-1

42.30 The hearing and burden of proof 42.30-1

42.31 Determining the amount of penalties and assessments 42.31-1

42.32 Location of hearing 42.32-1

42.33 Witnesses 42.33-1

42.34 Evidence 42.34-1

42.35 The record 42.35-1

42.36 Post-hearing briefs 42.36-1

42.37 Initial decision 42.37-1

42.38 Reconsideration of initial decision 42.38-1

42.39 Appeal to the Secretary of Veterans Affairs 42.39-1

42.40 Stays ordered by the Department of Justice 42.40-1

42.41 Stay pending appeal 42.41-1

42.42 Judicial review 42.42-1

42.43 Collection of civil penalties and assessments 42.43-1

42.44 Right to administrative offset 42.44-1

42.45 Deposit in Treasury of United States 42.45-1

42.46 Compromise and settlement 42.46-1

42.47 Limitations 42.47-1

**Part 43**

**Uniform Administration Requirements for Grants and Cooperative
Agreements**

**to State and Local Governments**

**Subpart A --- General**

43.1 Purpose and scope of this part 43.1-1

43.2 Scope of subpart 43.2-1

43.3 Definitions 43.3-1

43.4 Applicability 43.4-1

43.5 Effect on other issuances 43.5-1

43.6 Additions and exceptions 43.6-1

**Subpart B --- Pre-Award Requirements**

43.10 Forms for applying for grants 43.10-1

43.11 State plans 43.11-1

43.12 Special grant or subgrant conditions for "high-risk" grantees
43.12-1

**Subpart C --- Post-Award Requirements**

**Financial Administration**

43.20 Standards for financial management systems 43.20-1

43.21 Payment 43.21-1

43.22 Allowable costs 43.22-1

43.23 Period of availability of funds 43.23-1

43.24 Matching or cost sharing 43.24-1

43.25 Program income 43.25-1

43.26 Non-Federal audit 43.26-1

**Changes, Property, and Subawards**

43.30 Changes 43.30-1

43.31 Real property 43.31-1

43.32 Equipment 43.32-1

43.33 Supplies 43.33-1

43.34 Copyrights 43.34-1

43.35 Subawards to debarred and suspended parties 43.35-1

43.36 Procurement 43.36-1

43.37 Subgrants 43.37-1

**Reports, Records Retention, and Enforcement**

43.40 Monitoring and reporting program performance 43.40-1

43.41 Financial reporting 43.41-1

43.42 Retention and access requirements for records 43.42-1

43.43 Enforcement 43.43-1

43.44 Termination for convenience 43.44-1

**Subpart D --- After-the-Grant Requirements**

43.50 Closeout 43.50-1

43.51 Later disallowances and adjustments 43.51-1

43.52 Collection of amounts due 43.52-1

**Subpart E --- Entitlements \[Reserved\]**

**Part 44**

**Government-wide Debarment and Suspension (Nonprocurement)**

44.25 How is this part organized? 44.25-1

44.50 How is this part written? 44.50-1

44.75 Do terms in this part have special meanings? 44.75-1

**Subpart A---General**

44.100 What does this part do? 44.100-1

44.105 Does this part apply to me? 44.105-1

44.110 What is the purpose of the nonprocurement debarment and

suspension system? 44.110-1

44.115 How does an exclusion restrict a person's involvement in

covered transactions? 44.115-1

44.120 May we grant an exception to let an excluded person participate
in a

covered transaction? 44.120-1

44.125 Does an exclusion under the nonprocurement system affect a
person's

eligibility for Federal procurement contracts? 44.125-1

44.130 Does exclusion under the Federal procurement system affect a
person's

eligibility to participate in nonprocurement transactions? 44.130-1

44.135 May the Department of Veterans Affairs exclude a person who is

not currently participating in a nonprocurement transaction? 44.135-1

44.140 How do I know if a person is excluded? 44.140-1

44.145 Does this part address persons who are disqualified, as well as
those who

are excluded from nonprocurement transactions? 44.145-1

**Subpart B---Covered Transactions**

44.200 What is a covered transaction? 44.200-1

44.205 Why is it important to know if a particular transaction is a

covered transaction? 44.205-1

44.210 Which nonprocurement transactions are covered transactions?
44.210-1

44.215 Which nonprocurement transactions are not covered transactions?
44.215-1

44.220 Are any procurement contracts included as covered transactions?
44.220-1

44.225 How do I know if a transaction in which I may participate is a

covered transaction? 44.225-1

**Subpart C---Responsibilities of Participants Regarding Transactions**

*Doing Business With Other Persons*

44.300 What must I do before I enter into a covered transaction with
another

person at the next lower tier? 44.300-1

44.305 May I enter into a covered transaction with an excluded or

disqualified person? 44.305-1

44.310 What must I do if a Federal agency excludes a person with whom I
am

already doing business in a covered transaction? 44.310-1

44.315 May I use the services of an excluded person as a principal under
a

covered transaction? 44.315-1

44.320 Must I verify that principals of my covered transactions are
eligible

to participate? 44.320-1

44.325 What happens if I do business with an excluded person in a

covered transaction? 44.325-1

44.330 What requirements must I pass down to persons at lower tiers with
whom I

intend to do business? 44.330-1

*Disclosing Information---Primary Tier Participants*

44.335 What information must I provide before entering into a covered
transaction

with the Department of Veterans Affairs? 44.335-1

44.340 If I disclose unfavorable information required under §44.335,
will I be

prevented from participating in the transaction? 44.340-1

44.345 What happens if I fail to disclose the information required under
§44.335? 44.345-1

44.350 What must I do if I learn of the information required under
§44.335 after entering

into a covered transaction with the Department of Veterans Affairs?
44.350-1

*Disclosing Information---Lower Tier Participants*

44.355 What information must I provide to a higher tier participant
before

entering into a covered transaction with that participant? 44.355-1

44.360 What happens if I fail to disclose the information required under
§44.355? 44.360-1

44.365 What must I do if I learn of information required under §44.355
after

entering into a covered transaction with a higher tier participant?
44.365-1

**Subpart D---Responsibilities of Department of Veterans Affairs
Officials**

**Regarding Transactions**

44.400 May I enter into a transaction with an excluded or disqualified
person? 44.400-1

44.405 May I enter into a covered transaction with a participant if a
principal of

the transaction is excluded? 44.405-1

44.410 May I approve a participant's use of the services of an excluded
person? 44.410-1

44.415 What must I do if a Federal agency excludes the participant or a
principal

after I enter into a covered transaction? 44.415-1

44.420 May I approve a transaction with an excluded or disqualified
person at a

lower tier? 44.420-1

44.425 When do I check to see if a person is excluded or disqualified?
44.425-1

44.430 How do I check to see if a person is excluded or disqualified?
44.430-1

44.435 What must I require of a primary tier participant? 44.435-1

44.440 What method do I use to communicate those requirements to
participants? 44.440-1

44.445 What action may I take if a primary tier participant knowingly
does business

with an excluded or disqualified person? 44.445-1

44.450 What action may I take if a primary tier participant fails to
disclose the

information required under §44.335? 44.450-1

44.455 What may I do if a lower tier participant fails to disclose the
information

required under §44.355 to the next higher tier? 44.455-1

**Subpart E---Excluded Parties List System**

44.500 What is the purpose of the Excluded Parties List System (EPLS)?
44.500-1

44.505 Who uses the EPLS? 44.505-1

44.510 Who maintains the EPLS? 44.510-1

44.515 What specific information is in the EPLS? 44.515-1

44.520 Who places the information into the EPLS? 44.520-1

44.525 Whom do I ask if I have questions about a person in the EPLS?
44.525-1

44.530 Where can I find the EPLS? 44.530-1

**Subpart F---General Principles Relating to Suspension and Debarment
Actions**

44.600 How do suspension and debarment actions start? 44.600-1

44.605 How does suspension differ from debarment? 44.605-1

44.610 What procedures does the Department of Veterans Affairs use in

suspension and debarment actions? 44.610-1

44.615 How does the Department of Veterans Affairs notify a person of a

suspension and debarment action? 44.615-1

44.620 Do Federal agencies coordinate suspension and debarment actions?
44.620-1

44.625 What is the scope of a suspension or debarment action? 44.625-1

44.630 May the Department of Veterans Affairs impute the conduct of one

person to another? 44.630-1

44.635 May the Department of Veterans Affairs settle a debarment or

suspension action? 44.635-1

44.640 May a settlement include a voluntary exclusion? 44.640-1

44.645 Do other Federal agencies know if the Department of Veterans
Affairs

agrees to a voluntary exclusion? 44.645-1

**Subpart G---Suspension**

44.700 When may the suspending official issue a suspension? 44.700-1

44.705 What does the suspending official consider in issuing a
suspension? 44.705-1

44.710 When does a suspension take effect? 44.710-1

44.715 What notice does the suspending official give me if I am
suspended? 44.715-1

44.720 How may I contest a suspension? 44.720-1

44.725 How much time do I have to contest a suspension? 44.725-1

44.730 What information must I provide to the suspending official if I
contest

a suspension? 44.730-1

44.735 Under what conditions do I get an additional opportunity to
challenge the

facts on which the suspension is based? 44.735-1

44.740 Are suspension proceedings formal? 44.740-1

44.745 How is fact-finding conducted? 44.745-1

44.750 What does the suspending official consider in deciding whether to
continue

or terminate my suspension? 44.750-1

44.755 When will I know whether the suspension is continued or
terminated? 44.755-1

44.760 How long may my suspension last? 44.760-1

**Subpart H---Debarment 44.800 What are the causes for debarment?**

44.805 What notice does the debarring official give me if I am proposed

for debarment? 44.805-1

44.810 When does a debarment take effect? 44.810-1

44.815 How may I contest a proposed debarment? 44.815-1

44.820 How much time do I have to contest a proposed debarment? 44.820-1

44.825 What information must I provide to the debarring official if I
contest a

proposed debarment? 44.825-1

44.830 Under what conditions do I get an additional opportunity to
challenge

the facts on which the proposed debarment is based? 44.830-1

44.835 Are debarment proceedings formal? 44.835-1

44.840 How is fact-finding conducted? 44,840-1

44.845 What does the debarring official consider in deciding whether to
debar me? 44.845-1

44.850 What is the standard of proof in a debarment action? 44.850-1

44.855 Who has the burden of proof in a debarment action? 44.855-1

44.860 What factors may influence the debarring official's decision?
44.860-1

44.865 How long may my debarment last? 44.865-1

44.870 When do I know if the debarring official debars me? 44.870-1

44.875 May I ask the debarring official to reconsider a decision to
debar me? 44.875-1

44.880 What factors may influence the debarring official during
reconsideration? 44.880-1

44.885 May the debarring official extend a debarment? 44.885-1

**Subpart I---Definitions**

44.900 Adequate evidence 44.900-1

44.905 Affiliate 44.905-1

44.910 Agency. 44.910-1

44.915 Agent or representative 44.915-1

44.920 Civil judgment 44.920-1

44.925 Conviction 44.925-1

44.930 Debarment 44.930-1

44.935 Debarring official 44.935-1

44.940 Disqualified 44.940-1

44.945 Excluded or exclusion 44.945-1

44.950 Excluded Parties List System 44.950-1

44.955 Indictment 44.955-1

44.960 Ineligible or ineligibility 44.960-1

44.965 Legal proceedings 44.965-1

44.970 Nonprocurement transaction 44.970-1

44.975 Notice 44.975-1

44.980 Participant 44.980-1

44.985 Person 44.985-1

44.990 Preponderance of the evidence 44.990-1

44.995 Principal 44.995-1

44.1000 Respondent 44.1000-1

44.1005 State 44.1005-1

44.1010 Suspending official 44.1010-1

44.1015 Suspension 44.1015-1

44.1020 Voluntary exclusion or voluntarily excluded 44.1020-1

**Subpart J---\[Reserved\]**

Appendix to Part 44---Covered Transactions 44.App-1

**Part 45**

**New Restrictions on Lobbying**

**Subpart A --- General**

45.100 Conditions on use of funds 45.100-1

45.105 Definitions 45.105-1

45.110 Certification and disclosure 45.110-1

**Subpart B --- Activities by Own Employees**

45.200 Agency and legislative liaison 45.200-1

45.205 Professional and technical services 45.205-1

45.210 Reporting 45.210-1

**Subpart C --- Activities by Other than Own Employees**

45.300 Professional and technical services 45.300-1

**Subpart D --- Penalties and Enforcement**

45.400 Penalties 45.400-1

45.405 Penalty procedures 45.405-1

45.410 Enforcement 45.410-1

**Subpart E --- Exemptions**

45.500 Secretary of Defense 45.500-1

**Subpart F --- Agency Reports**

45.600 Semi-annual compilation 45.600-1

45.605 Inspector General report 45.605-1

Appendix A to Part 45 --- Certification Regarding Lobbying App.A-1

Appendix B to Part 45 --- Disclosure Form to Report Lobbying App.B-1

**Part 48**

**Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance)**

**Subpart A---Purpose and Coverage**

48.100 What does this part do? 48.100-1

48.105 Does this part apply to me? 48.105-1

48.110 Are any of my Federal assistance awards exempt from this part?
48.110-1

48.115 Does this part affect the Federal contracts that I receive?
48.115-1

**Subpart B---Requirements for Recipients Other Than Individuals**

48.200 What must I do to comply with this part? 48.200-1

48.205 What must I include in my drug-free workplace statement? 48.205-1

48.210 To whom must I distribute my drug-free workplace statement?
48.210-1

48.215 What must I include in my drug-free awareness program? 48.215-1

48.220 By when must I publish my drug-free workplace statement and
establish my

drug-free awareness program? 48.220-1

48.225 What actions must I take concerning employees who are convicted
of drug

violations in the workplace? 48.225-1

48.230 How and when must I identify workplaces? 48.230-1

**Subpart C---Requirements for Recipients Who Are Individuals**

48.300 What must I do to comply with this part if I am an individual
recipient? 48.300-1

48.301 \[Reserved\]

**Subpart D---Responsibilities of the Department of Veterans Affairs
Awarding Officials**

48.400 What are my responsibilities as a Department of Veterans Affairs

awarding official? 48.400-1

**Subpart E---Violations of This Part and Consequences**

48.500 How are violations of this part determined for recipients other
than

individuals? 48.500-1

48.505 How are violations of this part determined for recipients who are

individuals? 48.505-1

48.510 What actions will the Federal Government take against a recipient

determined to have violated this part? 48.510-1

48.515 Are there any exceptions to those actions? 48.515-1

**Subpart F---Definitions**

48.605 Award 48.605-1

48.610 Controlled substance 48.610-1

48.615 Conviction 48.615-1

48.620 Cooperative agreement 48.620-1

48.625 Criminal drug statute 48.625-1

48.630 Debarment 48.630-1

48.635 Drug-free workplace 48.635-1

48.640 Employee 48.640-1

48.645 Federal agency or agency 48.645-1

48.650 Grant 48.650-1

48.655 Individual 48.655-1

48.660 Recipient 48.660-1

48.665 State 48.665-1

48.670 Suspension 48.670-1

**Parking Fees at VA Medical Facilities**

Applicability and Scope 1.302-1

Definitions 1.301-1

Policy 1.303-1

Purpose 1.300-1

**Part-time Career Employment Program**

Annual goals and timetables 1.894-1

Exceptions 1.897-1

Purpose of program 1.891-1

Review and evaluation 1.895-1

Review of positions 1.892-1

Time positions, establishing and converting 1.893-1

Vacancies, publicizing 1.896-1

**Program Evaluation**

Evaluation of studies relating to health effects of dioxin and

radiation exposure 1.17-1

Guidelines for establishing presumptions of service connection for
former

prisoners of war 1.18-1

Standards for program evaluation 1.15-1

**Quarters for Department of Veterans Affairs Employees Overseas**

Quarters for Department of Veterans Affairs employees in

Government-owned or rented buildings overseas 1.11-1

**Referrals to GAO, Department of Justice, or IRS**

Claims Collection Litigation Report (CCLR) 1.951-1

Minimum amount of referrals to the Department of Justice 1.953-1

Preservation of evidence 1.952-1

Prompt referral 1.950-1

**Referrals of Information Regarding Criminal Violations**

Employee's duty to report 1.201-1

Information to be reported to the Office of Inspector General 1.204-1

Information to be reported to VA Police 1.203-1

Notification to the Attorney General or United States Attorney's Office
1.205-1

Purpose 1.200-1

**Regional Office Committees on Waivers and Compromises**

Application of standard 1.965-1

Committee authority 1.957-1

Finality of decisions 1.958-1

Jurisdiction 1.956-1

Legal and technical assistance 1.960-1

Records and certificates 1.959-1

Refunds 1.967-1

Regional office Committees on Waivers and Compromises 1.955-1

Releases 1.961-1

Revision of waiver decisions 1.969-1

Scope of waiver decisions 1.966-1

Standards for compromise 1.970-1

Waiver of overpayments 1.962-1

Waiver; erroneous payment of pay and allowances 1.963a-1

Waiver; loan guaranty 1.964-1

Waiver; other than loan guaranty 1.963-1

**Release of Information from Department of Veterans Affairs Claimant
Records**

Addresses of claimants 1.518-1

Administrative review 1.527-1

Confidentiality of information and patient records prepared or

obtained under the sickle cell anemia program 1.513a-1

Confidentiality of social data 1.520-1

Copies of records and papers 1.526-1

Determination of the question as to whether disclosure will be

prejudicial to the mental or physical health of claimant 1.522-1

Disclosure in cases where claimants are charged with or

convicted of criminal offenses 1.508-1

Disclosure of amount of monetary benefits 1.502-1

Disclosure of claimant records in connection with Judicial

proceedings generally 1.511-1

Disclosure of information contained in Armed Forces service and

related medical records in Department of Veterans Affairs custody
1.513-1

Disclosure of information to undertaker concerning burial of a

deceased veteran 1.516-1

Disclosure of information to a veteran or his or her duly

authorized representative as to matters concerning the veteran alone
1.503-1

Disclosure of information to a widow, child, or other claimant 1.504-1

Disclosure of loan guaranty information 1.512-1

Disclosure of records to Federal Government departments, state

unemployment compensation agencies, and the Office of

Servicemembers' Group Life Insurance 1.506-1

Disclosure of vocational rehabilitation and education information to

educational institutions cooperating with the Department of

Veterans Affairs 1.517-1

Disclosure to commanding officers of State soldiers' homes 1.515-1

Disclosure to courts in proceedings in the nature of an inquest 1.509-1

Disclosure to insurance companies cooperating with the Department

of Justice in the defense of insurance suits against the United States
1.510-1

Disclosure to private physicians and hospitals other than Department

of Veterans Affairs 1.514-1

Disclosure to private psychologists 1.514a-1

Disclosures to members of Congress 1.507-1

Genealogy 1.505-1

General 1.500-1

Inspection of records by or disclosure of information to recognized

representatives of organizations and recognized attorneys 1.525-1

Lists of names and addresses 1.519-1

Persons authorized to represent claimants 1.524-1

Release of information by the Secretary 1.501-1

Special restrictions concerning social security records 1.521-1

**Release of Information from Department of Veterans**

**Affairs Records other than Claimant Records**

Administrative review 1.557-1

Exemptions from public access to agency records 1.554-1

Fees 1.555-1

General 1.550-1

Predisclosure notification procedures for confidential

commercial information 1.554a-1

Public access to information that affects the public when not

published in the *Federal Register* as constructive notice 1.552-1

Public access to other reasonably described records 1.553-1

Requests for other reasonably described records 1.556-1

Time limits for Department of Veterans Affairs response to

requests for records 1.553a-1

**Release of Information from Department of Veterans Affairs (VA)
Records Relating to Drug Abuse, Alcoholism or Alcohol Abuse, Infection
with the Human Immunodeficiency Virus (HIV), or Sickle Cell Anemia**

Applicability 1.461-1

Confidentiality restrictions 1.462-1

Criminal penalty for violations 1.463-1

Definitions 1.460-1

Incompetent and deceased patients 1.465-1

Minor patients 1.464-1

Patient access and restrictions on use 1.469-1

Relationship to Federal statutes protecting research subjects against

compulsory disclosure of their identity 1.468-1

Restrictions on the use of identification cards and public signs 1.467-1

Security for records 1.466-1

**Safeguarding Personal Information in Department of Veterans Affairs
Records**

Access to records 1.577-1

Administrative review 1.580-1

Amendment of records 1.579-1

Exemptions 1.582-1

General policies, conditions of disclosure, accounting of certain

disclosures, and definitions 1.576-1

Social security numbers in veterans' benefits matters 1.575-1

**Salary Offset Provisions**

Definitions 1.981-1

Form, notice of, and conduct of hearing 1.985-1

Non-waiver of rights 1.993-1

Notice requirements before salary offsets of debts not involving

benefits under laws administered by VA 1.983-1

Procedures for salary offset 1.992-1

Procedures for salary offset: when deductions may begin 1.991-1

Refunds 1.994-1

Request for a hearing 1.984-1

Requesting recovery through centralized administrative offset 1.995-1

Result if employee fails to meet deadlines 1.986-1

Review by hearing official or administrative law judge 1.987-1

Review of VA records related to the debt 1.989-1

Salary offsets of debts involving benefits under the laws

administered by VA 1.982-1

Scope 1.980-1

Written agreement to repay debt as alternative to salary offset 1.990-1

Written decision following a hearing requested under §1.984 1.988-1

**Security and Law Enforcement at VA Facilities**

Security and law enforcement at VA facilities 1.218-1

**Standards for Collection, Compromise, Suspension or Termination**

**of Collection Effort, and Referral of Civil Claims for Money or
Property**

Antitrust, fraud, and tax and interagency claims 1.902-1

Definitions. 1.907-1

Form of payment 1.904-1

No private rights created 1.901-1

Prescription of standards 1.900-1

Required administrative proceedings 1.906-1

Settlement, waiver, or compromise under other statutory

or regulatory authority 1.903-1

Subdivision of claims not authorized 1.905-1

**Standards for Collection of Claims**

Administrative offset against amounts payable from Civil Service

Retirement and Disability Fund, Federal Employees Retirement

System (FERS), final salary check, and lump sum leave payments 1.919-1

Administrative wage garnishment 1.923-1

Aggressive collection action 1.910-1

Analysis of costs 1.921-1

Collection by offset 1.912-1

Collection by offset---from VA benefit payments 1.912a-1

Collection in installments 1.914-1

Collection of debts owed by reason of participation in a

benefits program 1.911-1

Collection of non-benefit debts 1.911a-1

Contracting for collection services 1.917-1

Disclosure of debt information to consumer reporting agencies (CRA)
1.916-1

Exemptions 1.922-1

Interest, administrative costs, and penalties 1.915-1

Liquidation of collateral 1.913-1

Reduction of debt through performance of work-study services 1.929-1

Referral of VA debts 1.920-1

Suspension or revocation of eligibility for federal loans, loan
insurance,

loan guarantees, licenses, permits, or privileges 1.924-1

Use and disclosure of mailing addresses 1.918-1

**Standards for Compromise of Claims**

Bases for compromise 1.931-1

Consideration of tax consequences to the Government 1.935-1

Enforcement policy 1.932-1

Further review of compromise offers 1.934-1

Joint and several liability 1.933-1

Mutual releases of the debtor and VA 1.936-1

Scope and application 1.930-1

**Standards for Suspending or Terminating Collection**

Discharge of indebtedness; reporting requirements 1.944-1

Exception to termination 1.943-1

Scope and application 1.940-1

Suspension of collection activity 1.941-1

Termination of collection activity 1.942-1

**Use of Official Mail in the Location and Recovery of Missing
Children**

Contact person for missing children official mail program 1.701-1

Cost and percentage estimates 1.703-1

Policy 1.702-1

Purpose 1.700-1

Restrictions on use of missing children information 1.705-1

**United States Flag for Burial Purposes**

Eligibility for and disposition of the United States flag for burial
purposes 1.10-1

*End of Section Title Index*

\(i\) The application of Privacy Act subsection (c)(3) would alert
subjects to the existence of the investigation and reveal that they are
subjects of that investigation. Providing subjects with information
concerning the nature of the investigation could result in alteration or
destruction of evidence which is obtained from third parties, improper
influencing of witnesses, and other activities that could impede or
compromise the investigation.

\(ii\) The application of Privacy Act subsections (c)(4); (d); (e)(4)(G)
and (e)(4)(H); (f); and (g) could interfere with investigative and
enforcement proceedings, threaten the safety of individuals who have
cooperated with authorities, constitute an unwarranted invasion of
personal privacy of others, disclose the identity of confidential
sources, reveal confidential information supplied by these sources, and
disclose investigative techniques and procedures.

\(iii\) The application of Privacy Act subsection (e)(4)(I) could
disclose investigative techniques and procedures and cause sources to
refrain from giving such information because of fear of reprisal, or
fear of breach of promises of anonymity and confidentiality. This could
compromise the ability to conduct investigations and to identify, detect
and apprehend violators. Even though the agency has claimed an exemption
from this particular requirement, it still plans to generally identify
the categories of records and the sources of these records in this
system. However, for the reason stated in paragraph (d)(2)(ii) of this
section, this exemption is still being cited in the event an individual
wants to know a specific source of information.

\(iv\) These records contained in the Police and Security Records---VA
(103VA076B) are exempt from Privacy Act subsection (e)(1) because it is
not possible to detect the relevance or necessity of specific
information in the early stages of a criminal or other investigation.
Relevance and necessity are questions of judgment and timing. What
appears relevant and necessary may ultimately be determined to be
unnecessary. It is only after the information is evaluated that the
relevance and necessity of such information can be established. In any
investigation, the Office of Security and Law Enforcement may obtain
information concerning violations of laws other than those within the
scope of its jurisdiction. In the interest of effective law enforcement,
the Office of Security and Law Enforcement should retain this
information as it may aid in establishing patterns of criminal activity
and provide leads for those law enforcement agencies charged with
enforcing other segments of civil or criminal law.

\(v\) The application of Privacy Act subsection (e)(2) would impair
investigations of illegal acts, violations of the rules of conduct,
merit system and any other misconduct for the following reasons:

\(A\) In order to successfully verify a complaint, most information
about a complainant or an individual under investigation must be
obtained from third parties such as witnesses and informers. It is not
feasible to rely upon the subject of the investigation as a source for
information regarding his/her activities because of the subject's rights
against self-incrimination and because of the inherent unreliability of
the suspect's statements. Similarly, it is not always feasible to rely
upon the complainant as a source of information regarding his/her
involvement in an investigation.

\(B\) The subject of an investigation will be alerted to the existence
of an investigation if an attempt is made to obtain information from the
subject. This would afford the individual the opportunity to conceal any
criminal activities to avoid apprehension.

\(vi\) The reasons for exempting these records in the Police and
Security Records---VA (103VA07B) from Privacy Act subsection (e)(3) are
as follows:

\(A\) The disclosure to the subject of the purposes of the investigation
would provide the subject with substantial information relating to the
nature of the investigation and could impede or compromise the
investigation.

\(B\) Informing the complainant or the subject of the information
required by this provision could seriously interfere with undercover
activities, jeopardize the identities of undercover agents and impair
their safety, and impair the successful conclusion of the investigation.

\(C\) Individuals may be contacted during preliminary information
gathering in investigations before any individual is identified as the
subject of an investigation. Informing the individual of the matters
required by this provision would hinder or adversely affect any present
or subsequent investigations.

\(vii\) Since the Privacy Act defines "maintain" to include the
collection of information, complying with subsection (e)(5) would
prevent the collection of any data not shown to be accurate, relevant,
timely, and complete at the moment of its collection. In gathering
information during the course of an investigation, it is not always
possible to make this determination prior to collecting the information.
Facts are first gathered and then placed into a logical order which
objectively proves or disproves criminal behavior on the part of the
suspect. Material that may seem unrelated, irrelevant, incomplete,
untimely, etc., may take on added meaning as an investigation
progresses. The restrictions in this provision could interfere with the
preparation of a complete investigative report.

\(viii\) The notice requirement of Privacy Act subsection (e)(8) could
prematurely reveal an ongoing criminal investigation to the subject of
the investigation. (Authority: 5 U.S.C. 552a(j) and (k); 38 U.S.C.
501(a))

\[48 FR 29847, June 29, 1983, as amended at 68 FR 35298, June 13, 2003\]

**Supplement *Highlights* reference**: 57(1)

*Next Section is §1.700*

**Part 38**

**National Cemeteries of the**

**Department of Veterans Affairs**

**Part 38**

**National Cemeteries of the**

**Department of Veterans Affairs**

**Authority**: 38 U.S.C. 107, 501, 512, chapter 24, 7105, and as noted
in specific sections.

**Source**: 70 FR 4769, January 31, 2005, unless otherwise indicated.

**--- Section Title Index ---**

Advisory Committee on Cemeteries and Memorials 38.601

Definitions 38.600

Disinterments 38.621

Findings concerning commission of a capital crime where a person has not
been

convicted due to death or flight to avoid prosecution 38.618

Gifts and donations 38.603

Graves marked with a private headstone or marker 38.631

Group memorial monuments 38.633

Headstone and marker application process 38.632

Headstones and markers 38.630

Names for national cemeteries and features 38.602

Outer burial receptacle allowance 38.629

Persons eligible for burial 38.620

Prohibition of interment or memorialization of persons who have been
convicted

of Federal or State capital crimes 38.617

Reserved

**Part 38**

**National Cemeteries of the**

**Department of Veterans Affairs**

**Authority**: 38 U.S.C. 107, 501, 512, chapter 24, 7105, and as noted
in specific sections.

**Source**: 70 FR 4769, January 31, 2005, unless otherwise noted.

**Supplement *Highlights* reference**: 67(1), unless otherwise noted.

**§38.600 Definitions.**

\(a\) \[Reserved\]

\(b\) *Definitions*. For purposes of §§38.617 and 38.618:

*Appropriate State official* means a State attorney general or other
official with statewide responsibility for law enforcement or penal
functions.

*Clear and convincing evidence* means that degree of proof which
produces in the mind of the fact-finder a firm belief regarding the
question at issue.

*Convicted* means a finding of guilt by a judgment or verdict or based
on a plea of guilty, by a Federal or State criminal court.

*Federal capital crime* means an offense under Federal law for which the
death penalty or life imprisonment may be imposed.

*Interment* means the burial of casketed remains or the placement or
scattering of cremated remains.

*Life imprisonment* means a sentence of a Federal or State criminal
court directing confinement in a penal institution for life.

*Memorialization* means any action taken to honor the memory of a
deceased individual.

*Personal representative* means a family member or other individual who
has identified himself or herself to the National Cemetery
Administration cemetery director as the person responsible for making
decisions concerning the interment of the remains of or memorialization
of a deceased individual.

*State capital crime* means, under State law, the willful, deliberate,
or premeditated unlawful killing of another human being for which the
death penalty or life imprisonment without parole may be imposed.
(Authority: 38 U.S.C. 2408, 2411)

**§38.601 Advisory Committee on Cemeteries and Memorials.**

Responsibilities in connection with Committee authorized by 38 U.S.C.
chapter 24 are as follows:

\(a\) The Under Secretary for Memorial Affairs will schedule the
frequency of meetings, make presentations before the Committee,
participate when requested by the Committee, evaluate Committee reports
and recommendations and make recommendations to the Secretary based on
Committee actions.

\(b\) The Committee will evaluate and study cemeterial, memorial and
burial benefits proposals or problems submitted by the Secretary or
Under Secretary for Memorial Affairs, and make recommendations as to
course of action or solution. Reports and recommendations will be
submitted to the Secretary for transmission to Congress.

**§38.602 Names for national cemeteries and features.**

\(a\) *Responsibility*. The Secretary is responsible for naming national
cemeteries. The Under Secretary for Memorial Affairs, is responsible for
naming activities and features therein, such as drives, walks, or
special structures.

\(b\) *Basis for names*. The names of national cemetery activities may
be based on physical and area characteristics, the nearest important
city (town), or a historical characteristic related to the area. Newly
constructed interior thoroughfares for vehicular traffic in national
cemetery activities will be known as drives. To facilitate location of
graves by visitors, drives will be named after cities, counties or
States or after historically notable persons, places or events.

**§38.603 Gifts and donations.**

\(a\) Gifts and donations will be accepted only after it has been
determined that the donor has a clear understanding that title thereto
passes to, and is vested in, the United States, and that the donor
relinquishes all control over the future use or disposition of the gift
or donation, with the following exceptions:

\(1\) Carillons will be accepted with the condition that the donor will
provide the maintenance and the operator or the mechanical means of
operation. The time of operation and the maintenance will be coordinated
with the superintendent of the national cemetery.

\(2\) Articles donated for a specific purpose and which are usable only
for that purpose may be returned to the donor if the purpose for which
the articles were donated cannot be accomplished.

\(3\) If the donor directs that the gift is donated for a particular
use, those directions will be carried out insofar as they are proper and
practicable and not in violation of Department of Veterans Affairs
policy.

\(4\) When considered appropriate and not in conflict with the purpose
of the national cemetery, the donor may be recognized by a suitable
inscription on those gifts. In no case will the inscription give the
impression that the gift is owned by, or that its future use is
controlled by, the donor. Any tablet or plaque, containing an
inscription will be of such size and design as will harmonize with the
general nature and design of the gift.

\(b\) Officials and employees of the Department of Veterans Affairs will
not solicit contributions from the public nor will they authorize the
use of their names, the name of the Secretary, or the name of the
Department of Veterans Affairs by an individual or organization in any
campaign or drive for money or articles for the purpose of making a
donation to the Department of Veterans Affairs. This restriction does
not preclude discussion with the individual offering the gift relative
to the appropriateness of the gift offered.

*Next Section is §38.617*

**§38.617 Prohibition of interment or memorialization of persons who
have been convicted**

> **of Federal or State capital crimes.**

\(a\) *Prohibition*. The interment in a national cemetery under the
control of the National Cemetery Administration of the remains, or the
memorialization, of any of the following persons is prohibited:

\(1\) Any person identified to the Secretary of Veterans Affairs by the
United States Attorney General, prior to approval of interment or
memorialization, as an individual who has been convicted of a Federal
capital crime and sentenced to death or life imprisonment as a result of
such crime.

\(2\) Any person identified to the Secretary of Veterans Affairs by an
appropriate State official, prior to approval of interment or
memorialization, as an individual who has been convicted of a State
capital crime and sentenced to death or life imprisonment without parole
as a result of such crime.

\(3\) Any person found under procedures specified in §38.618 to have
committed a Federal or State capital crime but have avoided conviction
of such crime by reason of unavailability for trial due to death or
flight to avoid prosecution.

\(b\) *Notice*. The prohibition referred to in paragraph (a)(3) of this
section is not contingent on receipt by the Secretary of Veterans
Affairs or any other VA official of notice from any Federal or State
official.

\(c\) *Receipt of notification*. The Under Secretary for Memorial
Affairs is delegated authority to receive from the United States
Attorney General and appropriate State officials on behalf of the
Secretary of Veterans Affairs the notification of conviction of capital
crimes referred to in paragraphs (a)(1) and (2) of this section.

\(d\) *Decision where notification previously received*. Upon receipt of
a request for interment or memorialization, where the Secretary of
Veterans Affairs has received the notification referred to in paragraph
(a)(1) or (2) of this section with regard to the deceased, the cemetery
director will make a decision on the request for interment or
memorialization pursuant to 38 U.S.C. 2411.

\(e\) *Inquiry*.

\(1\) Upon receipt of a request for interment or memorialization, where
the Secretary of Veterans Affairs has not received the notification
referred to in paragraph (a)(1) or (a)(2) of this section with regard to
the deceased, but the cemetery director has reason to believe that the
deceased may have been convicted of a Federal or State capital crime,
the cemetery director will initiate an inquiry to either:

\(i\) The United States Attorney General, in the case of a Federal
capital crime, requesting notification of whether the deceased has been
convicted of a Federal capital crime for which the deceased was
sentenced to death or life imprisonment; or

\(ii\) An appropriate State official, in the case of a State capital
crime, requesting notification of whether the deceased has been
convicted of a State capital crime for which the deceased was sentenced
to death or life imprisonment without parole.

\(2\) The cemetery director will defer decision on whether to approve
interment or memorialization until after a response is received from the
Attorney General or appropriate State official.

\(f\) *Decision after inquiry*. Where an inquiry has been initiated
under paragraph (e) of this section, the cemetery director will make a
decision on the request for interment or memorialization pursuant to 38
U.S.C. 2411 upon receipt of the notification requested under that
paragraph, unless the cemetery director initiates an inquiry pursuant to
§38.618(a).

\(g\) *Notice of decision*. Written notice of a decision under paragraph
(d) or (f) of this section will be provided by the cemetery director to
the personal representative of the deceased, along with written notice
of appellate rights in accordance with §19.25 of this title. This notice
of appellate rights will include notice of the opportunity to file a
notice of disagreement with the decision of the cemetery director.
Action following receipt of a notice of disagreement with a denial of
eligibility for interment or memorialization under this section will be
in accordance with §§19.26 through 19.38 of this title. (Authority: 38
U.S.C. 512, 2411, 7105)

**§38.618 Findings concerning commission of a capital crime where a
person has not been**

> **convicted due to death or flight to avoid prosecution.**

\(a\) *Inquiry*. With respect to a request for interment or
memorialization, if a cemetery director has reason to believe that a
deceased individual who is otherwise eligible for interment or
memorialization may have committed a Federal or State capital crime, but
avoided conviction of such crime by reason of unavailability for trial
due to death or flight to avoid prosecution, the cemetery director, with
the assistance of the VA regional counsel, as necessary, will initiate
an inquiry seeking information from Federal, State, or local law
enforcement officials, or other sources of potentially relevant
information. After completion of this inquiry and any further measures
required under paragraphs (c), (d), (e), and (f) of this section, the
cemetery director will make a decision on the request for interment or
memorialization in accordance with paragraph (b), (e), or (g) of this
section.

\(b\) *Decision approving request without a proceeding or termination of
a claim by personal representative without a proceeding*.

\(1\) If, after conducting the inquiry described in paragraph (a) of
this section, the cemetery director determines that there is no clear
and convincing evidence that the deceased committed a Federal or State
capital crime of which he or she was not convicted due to death or
flight to avoid prosecution, and the deceased remains otherwise
eligible, the cemetery director will make a decision approving the
interment or memorialization.

\(2\) If the personal representative elects for burial at a location
other than a VA national cemetery, or makes alternate arrangements for
burial at a location other than a VA national cemetery, the request for
interment or memorialization will be considered withdrawn and action on
the request will be terminated.

\(c\) *Initiation of a proceeding*.

\(1\) If, after conducting the inquiry described in paragraph (a) of
this section, the cemetery director determines that there appears to be
clear and convincing evidence that the deceased has committed a Federal
or State capital crime of which he or she was not convicted by reason of
unavailability for trial due to death or flight to avoid prosecution,
the cemetery director will provide the personal representative of the
deceased with a written summary of the evidence of record and a written
notice of procedural options.

\(2\) The notice of procedural options will inform the personal
representative that he or she may, within 15 days of receipt of the
notice:

\(i\) Request a hearing on the matter;

\(ii\) Submit a written statement, with or without supporting
documentation, for inclusion in the record;

\(iii\) Waive a hearing and submission of a written statement and have
the matter forwarded immediately to the Under Secretary for Memorial
Affairs for a finding; or

\(iv\) Notify the cemetery director that the personal representative is
withdrawing the request for interment or memorialization, thereby,
closing the claim.

\(3\) The notice of procedural options will also inform the personal
representative that, if he or she does not exercise one or more of the
stated options within the prescribed period, the matter will be
forwarded to the Under Secretary for Memorial Affairs for a finding
based on the existing record.

\(d\) *Hearing*. If a hearing is requested, the Director, Memorial
Services Network will conduct the hearing. The purpose of the hearing is
to permit the personal representative of the deceased to present
evidence concerning whether the deceased committed a crime which would
render the deceased ineligible for interment or memorialization in a
national cemetery. Testimony at the hearing will be presented under
oath, and the personal representative will have the right to
representation by counsel and the right to call witnesses. The VA
official conducting the hearing will have the authority to administer
oaths. The hearing will be conducted in an informal manner and court
rules of evidence will not apply. The hearing will be recorded on
audiotape and, unless the personal representative waives transcription,
a transcript of the hearing will be produced and included in the record.

\(e\) *Decision of approval or referral for a finding after a
proceeding*. Following a hearing or the timely submission of a written
statement, or in the event a hearing is waived or no hearing is
requested and no written statement is submitted within the time
specified:

\(1\) If the cemetery director determines that it has not been
established by clear and convincing evidence that the deceased committed
a Federal or State capital crime of which he or she was not convicted
due to death or flight to avoid prosecution, and the deceased remains
otherwise eligible, the cemetery director will make a decision approving
interment or memorialization; or

\(2\) If the cemetery director believes that there is clear and
convincing evidence that the deceased committed a Federal or State
capital crime of which he or she was not convicted due to death or
flight to avoid prosecution, the cemetery director will forward a
request for a finding on that issue, together with the cemetery
director's recommendation and a copy of the record to the Under
Secretary for Memorial Affairs.

\(f\) *Finding by the Under Secretary for Memorial Affairs*. Upon
receipt of a request from the cemetery director under paragraph (e) of
this section, the Under Secretary for Memorial Affairs will make a
finding concerning whether the deceased committed a Federal or State
capital crime of which he or she was not convicted by reason of
unavailability for trial due to death or flight to avoid prosecution.
The finding will be based on consideration of the cemetery director's
recommendation and the record supplied by the cemetery director.

\(1\) A finding that the deceased committed a crime referred to in
paragraph (f) of this section must be based on clear and convincing
evidence.

\(2\) The cemetery director will be provided with written notification
of the finding of the Under Secretary for Memorial Affairs.

\(g\) *Decision after finding*. Upon receipt of notification of the
finding of the Under Secretary for Memorial Affairs, the cemetery
director will make a decision on the request for interment or
memorialization pursuant to 38 U.S.C. 2411. In making that decision, the
cemetery director will be bound by the finding of the Under Secretary
for Memorial Affairs.

\(h\) *Notice of decision*. The cemetery director will provide written
notice of the finding of the Under Secretary for Memorial Affairs and of
a decision under paragraph (b), (e)(1), or (g) of this section. With
notice of any decision denying a request for interment or
memorialization, the cemetery director will provide written notice of
appellate rights to the personal representative of the deceased, in
accordance with §19.25 of this title. This will include notice of the
opportunity to file a notice of disagreement with the decision of the
cemetery director and the finding of the Under Secretary for Memorial
Affairs. Action following receipt of a notice of disagreement with a
denial of eligibility for interment or memorialization under this
section will be in accordance with §§19.26 through 19.38 of this title.
(Authority: 38 U.S.C. 512, 2411)

*Next Section is §38.620*

**§38.620 Persons eligible for burial.**

The following is a list of those individuals who are eligible for burial
in a national cemetery:

\(a\) Any veteran (which for purposes of this section includes a person
who died in the active military, naval, or air service).

\(b\) Any member of a Reserve component of the Armed Forces, and any
member of the Army National Guard or the Air National Guard, whose death
occurs under honorable conditions while such member is hospitalized or
undergoing treatment, at the expense of the United States, for injury or
disease contracted or incurred under honorable conditions while such
member is performing active duty for training, inactive duty training,
or undergoing that hospitalization or treatment at the expense of the
United States.

\(c\) Any Member of the Reserve Officers' Training Corps of the Army,
Navy, or Air Force whose death occurs under honorable conditions while
such member is:

\(1\) Attending an authorized training camp or on an authorized practice
cruise;

\(2\) Performing authorized travel to or from that camp or cruise; or

\(3\) Hospitalized or undergoing treatment, at the expense of the United
States, for injury or disease contracted or incurred under honorable
conditions while such member is:

> \(i\) Attending that camp or on that cruise;
>
> \(ii\) Performing that travel; or
>
> \(iii\) Undergoing that hospitalization or treatment at the expense of
> the United States.

\(d\) Any person who, during any war in which the United States is or
has been engaged, served in the armed forces of any government allied
with the United States during that war, whose last such service
terminated honorably, and who was a citizen of the United States at the
time of entry on such service and at the time of his or her death.

\(e\) The spouse, surviving spouse, minor child, or unmarried adult
child of a person eligible under paragraph (a), (b), (c), (d), or (g) of
this section. For purposes of this section:

\(1\) A surviving spouse includes a surviving spouse who had a
subsequent remarriage;

\(2\) A minor child means an unmarried child under 21 years of age, or
under 23 years of age if pursuing a full-time course of instruction at
an approved educational institution; and

\(3\) An unmarried adult child means a child who became permanently
physically or mentally disabled and incapable of self-support before
reaching 21 years of age, or before reaching 23 years of age if pursuing
a full-time course of instruction at an approved educational
institution.

\(f\) Such other persons or classes of persons as may be designated by
the Secretary.

\(g\) Any person who at the time of death was entitled to retired pay
under chapter 1223 of title 10, United States Code, or would have been
entitled to retired pay under that chapter but for the fact that the
person was under 60 years of age.

\(h\) Any person who:

\(1\) Was a citizen of the United States or an alien lawfully admitted
for permanent residence in the United States at the time of their death;
and

\(2\) Resided in the United States at the time of their death; and

\(3\) Either was a:

\(i\) Commonwealth Army veteran or member of the organized guerillas---a
person who served before July 1, 1946, in the organized military forces
of the Government of the Commonwealth of the Philippines, while such
forces were in the service of the Armed Forces of the United States
pursuant to the military order of the President dated July 26, 1941,
including organized guerilla forces under commanders appointed,
designated, or subsequently recognized by the Commander in Chief,
Southwest Pacific Area, or other competent authority in the Army of the
United States, and who died on or after November 1, 2000; or

\(ii\) New Philippine Scout---a person who enlisted between October 6,
1945, and June 30, 1947, with the Armed Forces of the United States with
the consent of the Philippine government, pursuant to section 14 of the
Armed Forces Voluntary Recruitment Act of 1945, and who died on or after
December 16, 2003. (Authority: 38 U.S.C. 107, 501, 2402)

**§38.621 Disinterments.**

\(a\) Interments of eligible decedents in national cemeteries are
considered permanent and final. Disinterment will be permitted only for
cogent reasons and with the prior written authorization of the National
Cemetery Area Office Director or Cemetery Director responsible for the
cemetery involved. Disinterment from a national cemetery will be
approved only when all living immediate family members of the decedent,
and the person who initiated the interment (whether or not he or she is
a member of the immediate family), give their written consent, or when a
court order or State instrumentality of competent jurisdiction directs
the disinterment. For purposes of this section, "immediate family
members" are defined as surviving spouse, whether or not he or she is
remarried; all adult children of the decedent; the appointed guardian(s)
of minor children; and the appointed guardian(s) of the surviving spouse
or of the adult child(ren) of the decedent. If the surviving spouse and
all of the children of the decedent are deceased, the decedent's parents
will be considered "immediate family members."

\(b\) All requests for authority to disinter remains will be submitted
on VA Form 40-4970, Request for Disinterment, and will include the
following information:

\(1\) A full statement of reasons for the proposed disinterment.

\(2\) Notarized statement(s) by all living immediate family members of
the decedent, and the person who initiated the interment (whether or not
he or she is a member of the immediate family), that they consent to the
proposed disinterment.

\(3\) A notarized statement, by the person requesting the disinterment
that those who supplied affidavits comprise all the living immediate
family members of the deceased. (Authority: 38 U.S.C. 2404)

\(c\) In lieu of the documents required in paragraph (b) of this
section, an order of a court of competent jurisdiction will be
considered.

\(d\) Any disinterment that may be authorized under this section must be
accomplished without expense to the Government.

(The reporting and recordkeeping requirements contained in paragraph (b)
have been approved by the Office of Management and Budget under OMB
control number 2900-0365)

*Next Section is §38.629*

**§38.629 Outer Burial Receptacle Allowance.**

\(a\) *Definitions---Outer burial receptacle*. For purposes of this
section, an outer burial receptacle means a graveliner, burial vault, or
other similar type of container for a casket.

\(b\) *Purpose*. This section provides for payment of a monetary
allowance for an outer burial receptacle for any interment in a VA
national cemetery where a privately-purchased outer burial receptacle
has been used in lieu of a Government-furnished graveliner.

\(c\) *Second interments*. In burials where a casket already exists in a
grave with or without a graveliner, placement of a second casket in an
outer burial receptacle will not be permitted in the same grave unless
the national cemetery director determines that the already interred
casket will not be damaged.

\(d\) *Payment of monetary allowance*. VA will pay a monetary allowance
for each burial in a VA national cemetery where a privately-purchased
outer burial receptacle was used on and after October 9, 1996. For
burials on and after January 1, 2000, the person identified in records
contained in the National Cemetery Administration Burial Operations
Support System as the person who privately purchased the outer burial
receptacle will be paid the monetary allowance. For burials during the
period October 9, 1996 through December 31, 1999, the allowance will be
paid to the person identified as the next of kin in records contained in
the National Cemetery Administration Burial Operations Support System
based on the presumption that such person privately purchased the outer
burial receptacle (however, if a person who is not listed as the next of
kin provides evidence that he or she privately purchased the outer
burial receptacle, the allowance will be paid instead to that person).
No application is required to receive payment of a monetary allowance.

\(e\) *Amount of the allowance*.

\(1\) For calendar year 2000 and each calendar year thereafter, the
allowance will be the average cost, as determined by VA, of
Government-furnished graveliners, less the administrative costs incurred
by VA in processing and paying the allowance.

\(i\) The average cost of Government-furnished graveliners will be based
upon the actual average cost to the Government of such graveliners
during the most recent fiscal year ending prior to the start of the
calendar year for which the amount of the allowance will be used. This
average cost will be determined by taking VA's total cost during that
fiscal year for single-depth graveliners which were procured for
placement at the time of interment and dividing it by the total number
of such graveliners procured by VA during that fiscal year. The
calculation shall exclude both graveliners procured and pre-placed in
gravesites as part of cemetery gravesite development projects and all
double-depth graveliners.

\(ii\) The administrative costs incurred by VA will consist of those
costs that relate to processing and paying an allowance, as determined
by VA, for the calendar year ending prior to the start of the calendar
year for which the amount of the allowance will be used.

\(2\) For calendar year 2000 and each calendar year thereafter, the
amount of the allowance for each calendar year will be published in the
"Notices" section of the *Federal Register*. The *Federal Register*
notice will also provide, as information, the determined average cost of
Government-furnished graveliners and the determined amount of the
administrative costs to be deducted.

\(3\) The published allowance amount for interments which occur during
calendar year 2000 will also be used for payment of any allowances for
interments which occurred during the period from October 9, 1996 through
December 31, 1999. (Authority: 38 U.S.C. 2306(d))

**§38.630 Headstones and markers.**

\(a\) Types of Government headstones and markers and inscriptions will
be in accordance with policies approved by the Secretary.

\(b\) Inscriptions on Government headstones, markers, and private
monuments will be in accordance with policies and specifications of the
Under Secretary for Memorial Affairs.

\(c\) A memorial headstone or marker furnished for a deceased veteran by
the Government may be erected in a private cemetery or in a national
cemetery section established for this purpose. The headstones or markers
for national cemeteries will be of the standard design authorized for
the cemetery in which they are to be erected. In addition to the
authorized inscription, the words "In Memory Of" are mandatory.
(Authority: 38 U.S.C. 501)

**§38.631 Graves marked with a private headstone or marker.**

\(a\) VA will furnish an appropriate Government marker for the grave of
a decedent described in paragraph (b) of this section, but only if the
individual requesting the marker certifies on VA Form 40-1330 that it
will be placed on the grave for which it is requested or, if placement
on the grave is impossible or impracticable, as close to the grave as
possible within the grounds of the private cemetery where the grave is
located.

\(b\) The decedent referred to in paragraph (a) of this section is one
who:

\(1\) Died on or after September 11, 2001;

\(2\) Is buried in a private cemetery; and

\(3\) Was eligible for burial in a national cemetery, but is not an
individual described in 38 U.S.C. 2402(4), (5), or (6).

\(c\) VA will deliver the marker directly to the cemetery where the
grave is located or to a receiving agent for delivery to the cemetery.

\(d\) VA will not pay the cost of installing a Government marker in a
private cemetery.

\(e\) The applicant must obtain certification on VA Form 40-1330 from a
cemetery representative that the type and placement of the marker
requested adheres to the policies and guidelines of the selected private
cemetery.

\(f\) VA will furnish its full product line of Government markers for
private cemeteries.

\(g\) The authority to furnish a marker under this section expires on
December 31, 2006. (Authority: 38 U.S.C. 501, 2306)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0222.)

**§38.632 Headstone and marker application process.**

\(a\) Headstones and markers for graves in national cemeteries shall be
ordered from the Record of Interment (VA Form 40-4956) prepared by the
national cemetery superintendent at the time of interment. No further
application is required.

\(b\) Submission of VA Form 40-1330, Application for Headstone or
Marker, is required for the purpose of:

\(1\) Ordering a Government headstone or marker for any unmarked grave
of any eligible veteran buried in a private or local cemetery.

\(2\) Ordering a Government headstone or marker for any unmarked grave
in a post cemetery of the Armed Forces.

\(3\) Ordering a Government memorial headstone or marker for placement
in a national cemetery, in a private or local cemetery and any post
cemetery of the Armed Forces.

**§38.633 Group memorial monuments.**

\(a\) *Definitions of terms*. For the purpose of this section, the
following definitions apply:

\(1\) *Group*---all the known and unknown dead who perished in a common
military event.

\(2\) *Memorial Monument*---a monument commemorating veterans, whose
remains have not been recovered or identified. Monuments will be
selected in accordance with policies established under 38 CFR 38.630.

\(3\) *Next of kin*---recognized in order: Surviving spouse; children,
according to age; parents, including adoptive, stepparents, and foster
parents; brothers or sisters, including half or stepbrothers and
stepsisters; grandparents; grandchildren; uncles or aunts; nephews or
nieces; cousins; and/or other lineal descendent.

\(4\) *Documentary evidence*---Official documents, records, or
correspondence signed by an Armed Services branch historical center
representative attesting to the accuracy of the evidence.

\(b\) The Secretary may furnish at government expense a group memorial
monument upon request of next of kin. The group memorial monument will
commemorate two or more identified members of the Armed Forces,
including their reserve components, who died in a sanctioned common
military event, (e.g., battle or other hostile action, bombing or other
explosion, disappearance of aircraft, vessel or other vehicle) while in
active military, naval or air service, and whose remains were not
recovered or identified, were buried at sea, or are otherwise
unavailable for interment.

\(c\) A group memorial monument furnished by VA may be placed only in a
national cemetery in an area reserved for such purpose. If a group
memorial monument has already been provided under this regulation or by
any governmental body, e.g., the American Battle Monuments Commission,
to commemorate the dead from a common military event, an additional
group memorial monument will not be provided by VA for the same purpose.

\(d\) Application for a group memorial monument shall be submitted in a
manner specified by the Secretary. Evidence used to establish and
determine eligibility for a group memorial monument will conform to
paragraph (a)(4) of this section. (Authority: 38 U.S.C. 501, 2403)

*End of Part 38*

*Next Part in this Book A is Part 39*

Reserved