§ 111. — Payments or allowances for beneficiary travel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC111]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 1--GENERAL
Sec. 111. Payments or allowances for beneficiary travel
(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 traveled, 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. 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)(A) 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) 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.
(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)(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,
except as provided in paragraph (5) of this subsection, 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.
(5) 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.
(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) 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.
(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) 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.
(2) In no event shall payment be provided under this section--
(A) unless the person claiming reimbursement has been
determined, pursuant to regulations which the Secretary shall
prescribe, to be unable to defray the expenses of such travel
(except with respect to a person receiving benefits for or in
connection with a service-connected disability under this title, a
veteran receiving or eligible to receive pension under section 1521
of this title, or a person whose annual income, determined in
accordance with section 1503 of this title, does not exceed the
maximum annual rate of pension which would be payable to such person
if such person were eligible for pension under section 1521 of this
title);
(B) to reimburse for the cost of travel by privately owned
vehicle in any amount in excess of the cost of such travel by public
transportation unless (i) public transportation is not reasonably
accessible or would be medically inadvisable, or (ii) the cost of
such travel is not greater than the cost of public transportation;
and
(C) in excess of the actual expense incurred by such person as
certified in writing by such person.
(3) In conducting investigations and determining rates under this
section, the Secretary shall review and analyze, among other factors,
the following factors:
(A)(i) Depreciation of original vehicle costs;
(ii) gasoline and oil costs;
(iii) maintenance, accessories, parts, and tire costs;
(iv) insurance costs; and
(v) State and Federal taxes.
(B) The availability of and time required for public
transportation.
(C) The per diem rates, mileage allowances, and expenses of
travel authorized under sections 5702 and 5704 of title 5 for
employees of the United States.
(4) 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.
(h) The Secretary, in consultation and coordination with the
Secretary of Transportation and appropriate representatives of veterans'
service organizations, shall take all appropriate steps to facilitate
the establishment and maintenance of a program under which such
organizations, or individuals who are volunteering their services to the
Department, would take responsibility for the transportation, without
reimbursement from the Department, to Department facilities of veterans
(primarily those residing in areas which are geographically accessible
to such facilities) who seek services or benefits from the Department
under chapter 17 or other provisions of this title.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 86-590, July 5,
1960, 74 Stat. 329; Pub. L. 89-358, Sec. 4(g), Mar. 3, 1966, 80 Stat.
24; Pub. L. 89-455, June 18, 1966, 80 Stat. 208; Pub. L. 94-581, title
I, Sec. 101, Oct. 21, 1976, 90 Stat. 2842; Pub. L. 96-151, title II,
Sec. 201(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 97-295, Sec. 4(5),
Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100-322, title I, Sec. 108(a),
(b)(1), (c)-(e)(1), May 20, 1988, 102 Stat. 496-498; Pub. L. 102-83,
Secs. 4(a)(3), (4), (6), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105
Stat. 404-406; Pub. L. 103-446, title XII, Sec. 1201(e)(1), Nov. 2,
1994, 108 Stat. 4685.)
Amendments
1994--Subsec. (b)(3)(B). Pub. L. 103-446 substituted ``a Department
facility'' for ``the Department facility''.
1991--Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' wherever appearing.
Subsec. (b)(1)(C), (D). Pub. L. 102-83, Sec. 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, Sec. 4(a)(3), (4),
substituted ``Department'' for ``Veterans' Administration''.
Subsec. (b)(3)(B). Pub. L. 102-83, Sec. 4(a)(6), substituted
``Department facility'' for ``Veteran's Administration facility''.
Subsec. (c)(1), (2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
Subsec. (c)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration''.
Subsec. (c)(4), (5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
Subsec. (e). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration''.
Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Subsec. (g)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for first and third references to ``Administrator''.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Subsec. (g)(2)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted
``1521'' for ``521'' in two places and ``1503'' for ``503''.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator''.
Subsec. (g)(3), (4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
Subsec. (h). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for first reference to ``Administrator''.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration'' wherever appearing.
1988--Pub. L. 100-322, Sec. 108(e)(1), substituted ``Payments or
allowances for beneficiary travel'' for ``Travel expenses'' in section
catchline.
Subsecs. (b), (c). Pub. L. 100-322, Sec. 108(a)(2), added subsecs.
(b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e),
respectively.
Subsec. (d). Pub. L. 100-322, Sec. 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, Sec. 108(a)(1), redesignated
subsecs. (c) and (d) as (e) and (f), respectively. Former subsec. (e)
redesignated (g).
Subsec. (g). Pub. L. 100-322, Sec. 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, Sec. 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, Sec. 101(1), inserted ``pursuant
to the provisions of this section'' after ``President''.
Subsec. (e). Pub. L. 94-581, Sec. 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 1988 Amendment
Section 108(g) of Pub. L. 100-322 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
Section 206 of title II of Pub. L. 96-151 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
Section 211 of Pub. L. 94-581 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
Section 108(f) of Pub. L. 100-322 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].''
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, Sec. 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, Sec. 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:
Section 1. The Administrator of Veterans' Affairs may authorize or
approve the payment of the actual necessary expenses of travel,
including lodging and subsistence, of any claimant or beneficiary of the
Veterans' Administration traveling to or from a Veterans' Administration
facility, or other place, in connection with vocational rehabilitation
or counseling, or for the purpose of examination, treatment, or care.
The Administrator may authorize or approve such payment to the claimant
or beneficiary, or, in his discretion, to the person who or the
organization which has actually paid the expenses of such travel,
including lodging and subsistence.
Sec. 2. The Administrator of Veterans' Affairs may authorize or
approve in lieu of actual necessary expenses of travel, including
lodging and subsistence, payment of an allowance, in such amount per
mile as the Administrator shall from time to time fix pursuant to 38
U.S.C. 111 as affected by this order, to any claimant or beneficiary of
the Veterans' Administration traveling to or from a Veterans'
Administration facility, or other place, in connection with vocational
rehabilitation or counseling, or for the purpose of examination,
treatment, or care. In addition to such mileage allowance, the
Administrator may allow reimbursement for the actual cost of ferry
fares, and bridge, road, and tunnel tolls. In his discretion, the
Administrator may authorize or approve such payment and such
reimbursement to the person who or the organization which has actually
paid the expenses of such travel, including lodging and subsistence.
Sec. 3. Whenever a claimant or beneficiary requires an attendant
other than an employee of the Veterans' Administration for the
performance of travel specified in Section 1 and 2 hereof, the travel
expenses of such attendant may be allowed in the same manner and to the
same extent that travel expenses are allowed to such claimant or
beneficiary.
Sec. 4. 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:
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.
Sec. 5. The Administrator of Veterans' Affairs may prescribe such
rules and regulations not inconsistent herewith as may be necessary to
effectuate the provisions of this order.
Sec. 6. Executive Order No. 11142 of February 12, 1964, is hereby
superseded.
Section Referred to in Other Sections
This section is referred to in sections 1701, 1714, 1720, 1728,
1782, 3104 of this title.
