(a) Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls.
(b)
(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible:
(A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability.
(B) A veteran with a service-connected disability rated at 30 percent or more.
(C) A veteran receiving pension under section 1521 of this title.
(D) A veteran (i) who is not traveling by air and whose annual income (as determined under section 1503 of this title) does not exceed the maximum annual rate of pension which would be payable to such veteran if such veteran were eligible for pension under section 1521 of this title, or (ii) who is determined, under regulations prescribed by the Secretary, to be unable to defray the expenses of the travel for which payment under this section is claimed.
(E) Subject to paragraph (3) of this subsection, a veteran or other person whose travel to or from a Department facility is medically required to be performed by a special mode of travel and who is determined under such regulations to be unable to defray the expenses of the travel for which payment under this section is claimed.
(F) A veteran whose travel to a Department facility is incident to a scheduled compensation and pension examination.
(G) A veteran with vision impairment, a veteran with a spinal cord injury or disorder, or a veteran with double or multiple amputations whose travel is in connection with care provided through a special disabilities rehabilitation program of the Department (including programs provided by spinal cord injury centers, blind rehabilitation centers, and prosthetics rehabilitation centers) if such care is provided—
(i) on an in-patient basis; or
(ii) during a period in which the Secretary provides the veteran with temporary lodging at a facility of the Department to make such care more accessible to the veteran.
(2) The Secretary may make payments provided for in this section to or for any person not covered by paragraph (1) of this subsection for travel by such person for examination, treatment, or care. Such payments shall be made in accordance with regulations which the Secretary shall prescribe.
(3)
(A) Except as provided in subparagraph (B) of this paragraph, the Secretary shall not make payments under this section for travel performed by a special mode of travel unless (i) the travel by such mode is medically required and is authorized by the Secretary before the travel begins, or (ii) the travel by such mode is in connection with a medical emergency of such a nature that the delay incident to obtaining authorization from the Secretary to use that mode of travel would have been hazardous to the person's life or health.
(B) In the case of travel by a person to or from a Department facility by special mode of travel, the Secretary may provide payment under this section to the provider of the transportation by special mode before determining the eligibility of such person for such payment if the Secretary determines that providing such payment is in the best interest of furnishing care and services. Such a payment shall be made subject to subsequently recovering from such person the amount of the payment if such person is determined to have been ineligible for payment for such travel.
(C) In the case of transportation of a person to or from a Department facility by ambulance, the Secretary may pay the provider of the transportation the lesser of the actual charge for the transportation or the amount determined by the fee schedule established under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) unless the Secretary has entered into a contract for that transportation with the provider.
(4) In determining for purposes of subsection (a) whether travel by air is the only practical way for a veteran to reach a Department facility, the Secretary shall consider the medical condition of the veteran and any other impediments to the use of ground transportation by the veteran.
(c)
(1) Except as otherwise provided in this subsection, the Secretary, in making a payment under this section to or for a person described in subparagraph (A), (B), (C), or (D) of subsection (b)(1) of this section for travel for examination, treatment, or care, shall deduct from the amount otherwise payable an amount equal to $3 for each one-way trip.
(2) In the case of a person who is determined by the Secretary to be a person who is required to make six or more one-way trips for needed examination, treatment, or care during the remainder of the calendar month in which the determination is made or during any subsequent calendar month during the one-year period following the last day of the month in which the determination is made, the amount deducted by the Secretary pursuant to paragraph (1) of this subsection from payments for trips made to or from such facility during any such month shall not exceed $18.
(3) No deduction shall be made pursuant to paragraph (1) of this subsection in the case of a person whose travel to or from a Department facility is performed by a special mode of travel for which payment under this section is authorized under subsection (b)(3) of this section.
(4) The Secretary may waive the deduction requirement of paragraph (1) of this subsection in the case of the travel of any veteran for whom the imposition of the deduction would cause severe financial hardship. The Secretary shall prescribe in regulations the conditions under which a finding of severe financial hardship is warranted for purposes of this paragraph.
(d) Payment of the following expenses or allowances in connection with vocational rehabilitation, counseling, or upon termination of examination, treatment, or care, may be made before the completion of travel:
(1) The mileage allowance authorized by subsection (a) of this section.
(2) Actual local travel expenses.
(3) The expense of hiring an automobile or ambulance, or the fee authorized for the services of a nonemployee attendant.
(e)
(1) Except as provided in paragraph (2), when any person entitled to mileage under this section requires an attendant (other than an employee of the Department) in order to perform such travel, the attendant may be allowed expenses of travel upon the same basis as such person.
(2)
(A) Without regard to whether an eligible veteran entitled to mileage under this section for travel to a Department facility for the purpose of medical examination, treatment, or care requires an attendant in order to perform such travel, an attendant of such veteran described in subparagraph (B) may be allowed expenses of travel (including lodging and subsistence) upon the same basis as such veteran during—
(i) the period of time in which such veteran is traveling to and from a Department facility for the purpose of medical examination, treatment, or care; and
(ii) the duration of the medical examination, treatment, or care episode for such veteran.
(B) An attendant of a veteran described in this subparagraph is a provider of personal care services for such veteran who is approved under paragraph (6) of section 1720G(a) of this title or designated under paragraph (7) of such section 1720G(a).
(C) The Secretary may prescribe regulations to carry out this paragraph. Such regulations may include provisions—
(i) to limit the number of attendants that may receive expenses of travel under this paragraph for a single medical examination, treatment, or care episode of an eligible veteran; and
(ii) to require such attendants to use certain travel services.
(D) In this subsection, the term "eligible veteran" has the meaning given that term in section 1720G(a)(2) of this title.
(f) The Secretary may provide for the purchase of printed reduced-fare requests for use by veterans and their authorized attendants when traveling at their own expense to or from any Department facility.
(g)
(1) Beginning one year after the date of the enactment of the Caregivers and Veterans Omnibus Health Services Act of 2010, the Secretary may adjust the mileage rate described in subsection (a) to be equal to the mileage reimbursement rate for the use of privately owned vehicles by Government employees on official business (when a Government vehicle is available), as prescribed by the Administrator of General Services under section 5707(b) of title 5.
(2) If an adjustment in the mileage rate under paragraph (1) results in a lower mileage rate than the mileage rate otherwise specified in subsection (a), the Secretary shall, not later than 60 days before the date of the implementation of the mileage rate as so adjusted, submit to Congress a written report setting forth the adjustment in the mileage rate under this subsection, together with a justification for the decision to make the adjustment in the mileage rate under this subsection.
References in Text
The date of the enactment of the Caregivers and Veterans Omnibus Health Services Act of 2010, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 111–163, which was approved May 5, 2010.
Amendments
2016—Subsec. (b)(1)(G). Pub. L. 114–223 added subpar. (G).
2015—Subsec. (b)(1). Pub. L. 114–58, §601(1)(A), substituted "subsection (g)(2)" for "subsection (g)(2)(A)".
Subsec. (b)(3)(C). Pub. L. 114–58, §601(1)(B), substituted "(42 U.S.C. 1395m(l))" for "(42 U.S.C. 1395(l))".
2013—Subsec. (h). Pub. L. 112–260 transferred subsec. (h), relating to transportation of veterans to Department facilities by third parties, to section 111A(b) of this title.
2012—Subsec. (b)(3)(C). Pub. L. 112–154 substituted "to or from a Department facility" for "under subparagraph (B)".
2011—Subsec. (b)(3)(C). Pub. L. 112–56 added subpar. (C).
2010—Subsec. (a). Pub. L. 111–163, §305(a)(1), (b), substituted "(at a rate of 41.5 cents per mile)," for "traveled," and inserted before last sentence "Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility."
Subsec. (b)(1)(D)(i). Pub. L. 111–163, §305(c), inserted "who is not traveling by air and" before "whose annual".
Subsec. (b)(4). Pub. L. 111–163, §305(d), added par. (4).
Subsec. (e). Pub. L. 111–163, §104, designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), when" for "When", and added par. (2).
Subsec. (g). Pub. L. 111–163, §305(a)(2), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to use of mileage reimbursement rate for use of privately owned vehicles by Government employees on official business to determine amount of allowances or reimbursement to be paid under this section and limitations.
2008—Subsec. (c)(2). Pub. L. 110–387, §401(a)(1)(B), struck out ", except as provided in paragraph (5) of this subsection," after "shall not".
Subsec. (c)(5). Pub. L. 110–387, §401(a)(1)(A), struck out par. (5) which read as follows: "Whenever the Secretary increases or decreases the rates of allowances or reimbursement to be paid under this section, the Secretary shall, effective on the date on which such increase or decrease takes effect, adjust proportionately the dollar amounts specified in paragraphs (1) and (2) of this subsection as such amounts may have been increased or decreased pursuant to this paragraph before such date."
Subsec. (g)(1). Pub. L. 110–387, §401(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "In carrying out the purposes of this section, the Secretary, in consultation with the Administrator of General Services, the Secretary of Transportation, the Comptroller General of the United States, and representatives of organizations of veterans, shall conduct periodic investigations of the actual cost of travel (including lodging and subsistence) to beneficiaries while traveling to or from a Department facility or other place pursuant to the provisions of this section, and the estimated cost of alternative modes of travel, including public transportation and the operation of privately owned vehicles. The Secretary shall conduct such investigations immediately following any alteration in the rates described in paragraph (3)(C) of this subsection, and, in any event, immediately following the enactment of this subsection and not less often than annually thereafter, and based thereon, shall determine rates of allowances or reimbursement to be paid under this section."
Subsec. (g)(3). Pub. L. 110–387, §401(b)(2), (3), added par. (3) and struck out former par. (3) which related to the Secretary's review and analysis of factors in conducting investigations and determining rates of mileage allowance or reimbursement.
Subsec. (g)(4). Pub. L. 110–387, §401(b)(2), struck out par. (4) which read as follows: "Before determining rates or adjusting amounts under this section and not later than sixty days after any alteration in the rates described in paragraph (3)(C) of this subsection, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing the rates and amounts the Secretary proposes to establish or continue with a full justification therefor in terms of each of the limitations and factors set forth in this section."
1994—Subsec. (b)(3)(B). Pub. L. 103–446 substituted "a Department facility" for "the Department facility".
1991—Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places.
Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.
Subsec. (b)(1)(C), (D). Pub. L. 102–83, §5(c)(1), substituted "1521" for "521" in subpar. (C) and "1503" for "503" and "1521" for "521" in subpar. (D).
Subsec. (b)(1)(E), (F). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
Subsec. (b)(3)(B). Pub. L. 102–83, §4(a)(6), substituted "Department facility" for "Veteran's Administration facility".
Subsec. (c)(1), (2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.
Subsec. (c)(3). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
Subsec. (c)(4), (5). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.
Subsec. (e). Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
Subsec. (f). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
Subsec. (g)(1). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for first and third references to "Administrator".
Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration".
Subsec. (g)(2)(A). Pub. L. 102–83, §5(c)(1), substituted "1521" for "521" in two places and "1503" for "503".
Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
Subsec. (g)(3), (4). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.
Subsec. (h). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for first reference to "Administrator".
Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" wherever appearing.
1988—Pub. L. 100–322, §108(e)(1), substituted "Payments or allowances for beneficiary travel" for "Travel expenses" in section catchline.
Subsecs. (b), (c). Pub. L. 100–322, §108(a)(2), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.
Subsec. (d). Pub. L. 100–322, §108(a)(1), (d), redesignated subsec. (b) as (d), and in par. (1) substituted "The mileage" for "the mileage" and "of this section." for "hereof;", in par. (2) substituted "Actual" for "actual" and a period for a semicolon, and in par. (3) substituted "The expense" for "the expense". Former subsec. (d) redesignated (f).
Subsecs. (e), (f). Pub. L. 100–322, §108(a)(1), redesignated subsecs. (c) and (d) as (e) and (f), respectively. Former subsec. (e) redesignated (g).
Subsec. (g). Pub. L. 100–322, §108(a)(1), (c), redesignated subsec. (e) as (g), and in par. (4) substituted "Before determining rates or adjusting amounts" for "Before determining rates" and "containing the rates and amounts" for "containing the rates".
Subsec. (h). Pub. L. 100–322, §108(b)(1), added subsec. (h).
1982—Subsec. (e)(4). Pub. L. 97–295 substituted "and" for ", and not later than sixty days after the effective date of this subsection, and thereafter" after "under this section".
1979—Subsec. (e)(2)(A). Pub. L. 96–151 substituted provisions respecting determinations pursuant to regulations prescribed by the Administrator, subject to applicable exceptions, for provisions respecting determinations based on annual declarations and certifications by persons claiming reimbursements, subject to applicable exceptions.
1976—Subsec. (a). Pub. L. 94–581, §101(1), inserted "pursuant to the provisions of this section" after "President".
Subsec. (e). Pub. L. 94–581, §101(2), added subsec. (e).
1966—Subsec. (a). Pub. L. 89–358 substituted reference to chapter 34 for 33.
Subsec. (b). Pub. L. 89–455 authorized the prepayment of actual local travel expenses and the expense of hiring an automobile or ambulance, or the fee authorized for the services of a nonemployee attendant.
1960—Subsec. (a). Pub. L. 86–590 allowed reimbursement for actual cost of ferry fares, and bridge, road, and tunnel tolls.
Effective Date of 2016 Amendment
Pub. L. 114–223, div. A, title II, §250(c), Sept. 29, 2016, 130 Stat. 893, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act [Sept. 29, 2016]."
Effective Date of 2008 Amendment
Pub. L. 110–387, title IV, §401(d), Oct. 10, 2008, 122 Stat. 4123, provided that: "The amendments made by this section [amending this section] shall apply with respect to travel expenses incurred after the expiration of the 90-day period that begins on the date of the enactment of this Act [Oct. 10, 2008]."
Effective Date of 1988 Amendment
Pub. L. 100–322, title I, §108(g), May 20, 1988, 102 Stat. 499, provided that: "The amendments made by subsection (a) [amending this section] shall take effect with respect to travel performed after June 30, 1988."
Effective Date of 1979 Amendment
Pub. L. 96–151, title II, §206, Dec. 20, 1979, 93 Stat. 1095, provided that: "Except as otherwise provided in section 205(b), the amendments made by this title [amending this section and sections 601, 614, and 628 [now 1701, 1714, and 1728] of this title] shall take effect on January 1, 1980."
Effective Date of 1976 Amendment
Pub. L. 94–581, title II, §211, Oct. 21, 1976, 90 Stat. 2866, provided that: "Except as otherwise provided in this Act, the amendments made by this Act [see Tables for classification] to title 38, United States Code, shall take effect on October 1, 1976, or on the date of enactment [Oct. 21, 1976], whichever is later."
Transition Provision for 1988 Amendment
Pub. L. 100–322, title I, §108(f), May 20, 1988, 102 Stat. 498, provided that: "In determining for the purposes of subsection (b)(1) of section 111 of title 38, United States Code, as amended by subsection (a), whether during fiscal year 1988 the Administrator has exercised the authority under that section to make payments there shall be disregarded any exercise of authority under that section before the date of the enactment of this Act [May 20, 1988]."
Construction of 2010 Amendment
Pub. L. 111–163, title III, §305(e), May 5, 2010, 124 Stat. 1152, provided that: "The amendments made by subsections (b) and (d) of this section [amending this section] may not be construed as expanding or otherwise modifying eligibility for payments or allowances for beneficiary travel under section 111 of title 38, United States Code, as in effect on the day before the date of the enactment of this Act [May 5, 2010]."
Clarification of Relation to Public Transportation in Veterans Health Administration Handbook
Pub. L. 111–163, title III, §305(f), May 5, 2010, 124 Stat. 1152, provided that: "Not later than 30 days after the date of the enactment of this Act [May 5, 2010], the Secretary of Veterans Affairs shall revise the Veterans Health Administration Handbook to clarify that an allowance for travel based on mileage paid under section 111(a) of title 38, United States Code, may exceed the cost of such travel by public transportation regardless of medical necessity."
Reinstatement of Amount of Deduction Specified by Statute
Pub. L. 110–387, title IV, §401(a)(2), Oct. 10, 2008, 122 Stat. 4122, provided that: "Notwithstanding any adjustment made by the Secretary of Veterans Affairs under paragraph (5) of section 111(c) of title 38, United States Code, as such paragraph was in effect before the date of the enactment of this Act [Oct. 10, 2008], the amount deducted under paragraph (1) of such section 111(c) on or after such date shall be the amount specified in such paragraph."
Interim Guidelines for Beneficiary Travel Between January 1, 1984, and the Promulgation of Regulations by Administrator of Veterans' Affairs
Pub. L. 98–160, title I, §108, Nov. 21, 1983, 97 Stat. 999, provided that promulgation of guidelines pending issuance of regulations covering the travel of beneficiaries during an interim period beginning Jan. 1, 1984, and directed that a report be made to Congress not later than Apr. 1, 1984, regarding travel payments.
Availability of Funds for Travel of Eligible Veterans, Dependents, or Survivors
Pub. L. 96–330, title IV, §406, Aug. 26, 1980, 94 Stat. 1052, provided that: "No provision of law enacted after the date of the enactment of this Act [Aug. 26, 1980] which imposes any restriction or limitation on the availability of funds for the travel and transportation of officers and employees of the executive branch of the Government and their dependents, or on the transportation of things of such officers and employees and their dependents, shall be applicable to the travel of eligible veterans, dependents, or survivors, for which reimbursement is authorized under title 38, United States Code, pursuant to the terms and conditions of section 111 of such title, unless such provision is expressly made applicable to the travel of such veterans, dependents, or survivors."
Executive Order No. 10810
Ex. Ord. No. 10810, Apr. 22, 1959, 24 F.R. 3179, as amended by Ex. Ord. No. 10881, July 6, 1960, 25 F.R. 6414, which prescribed regulations governing allowances, was superseded by Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479.
Executive Order No. 11142
Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479, which prescribed regulations governing allowances, was superseded by Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, set out below.
Ex. Ord. No. 11302. Regulations Governing Allowances
Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, as amended Ex. Ord. No. 11429, Sept. 9, 1968, 33 F.R. 12817; Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, provided:
By virtue of the authority vested in me by Section 111 of Title 38 of the United States Code, as amended by the Act of June 18, 1966 (Public Law 89–455), it is hereby ordered as follows:
a. The mileage allowance and fare and tolls authorized by Section 2 hereof.
b. Actual local travel expenses.
c. The expense of hiring an automobile or ambulance, or the fee authorized for services of a non-employee attendant.
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