38 U.S.C. § 111 — Payments or allowances for beneficiary

Page 41 TITLE 38—VETERANS’ BENEFITS § 111 reason of this Act for any period before such effective date. Payments for any period before such effective date shall be made under prior laws and regulations. The provisions of this Act with respect to reductions and discontinuances shall be applicable only where the event requiring such reduction or discontinuance oc- curs on or after such effective date. If such event oc- curred before such effective date, action shall be taken pursuant to the prior laws and regulations.’’ § 111. Payments or allowances for beneficiary travel (a) Under regulations prescribed by the Presi- dent pursuant to the provisions of this section, the Secretary may pay the actual necessary ex- pense of travel (including lodging and subsist- ence), 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 rehabilita- tion, counseling required by the Secretary pur- suant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Ac- tual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facil- ity. In addition to the mileage allowance au- thorized 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 Sec- retary 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 dis- ability rated at 30 percent or more. (C) A veteran receiving pension under sec- tion 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 vet- eran 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 sub- section, 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 regu- lations to be unable to defray the expenses of the travel for which payment under this sec- tion is claimed. (F) A veteran whose travel to a Department facility is incident to a scheduled compensa- tion and pension examination. (G) A veteran with vision impairment, a vet- eran with a spinal cord injury or disorder, or a veteran with double or multiple amputations whose travel is in connection with care pro- vided through a special disabilities rehabilita- tion program of the Department (including programs provided by spinal cord injury cen- ters, blind rehabilitation centers, and pros- thetics 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 pro- vided for in this section to or for any person not covered by paragraph (1) of this subsection for travel by such person for examination, treat- ment, or care. Such payments shall be made in accordance with regulations which the Sec- retary shall prescribe. (3)(A) Except as provided in subparagraph (B) of this paragraph, the Secretary shall not make payments under this section for travel per- formed 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 con- nection with a medical emergency of such a na- ture that the delay incident to obtaining au- thorization from the Secretary to use that mode of travel would have been hazardous to the per- son’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 subse- quently 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 trans- portation 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)) un- less 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 facil- ity, the Secretary shall consider the medical condition of the veteran and any other impedi- ments to the use of ground transportation by the veteran. (c)(1) Except as otherwise provided in this sub- section, 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 ex- amination, treatment, or care during the re- Page 42 TITLE 38—VETERANS’ BENEFITS § 111 1 So in original. Probably should be preceded by ‘‘the’’. mainder of the calendar month in which the de- termination is made or during any subsequent calendar month during the one-year period fol- lowing 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 fa- cility is performed by a special mode of travel for which payment under this section is author- ized under subsection (b)(3) of this section. (4) The Secretary may waive the deduction re- quirement of paragraph (1) of this subsection in the case of the travel of any veteran for whom the imposition of the deduction would cause se- vere financial hardship. The Secretary shall pre- scribe in regulations the conditions under which a finding of severe financial hardship is war- ranted for purposes of this paragraph. (d) Payment of the following expenses or al- lowances in connection with vocational rehabili- tation, counseling, or upon termination of ex- amination, treatment, or care, may be made be- fore the completion of travel: (1) The mileage allowance authorized by sub- section (a) of this section. (2) Actual local travel expenses. (3) The expense of hiring an automobile or ambulance, or the fee authorized for the serv- ices 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 em- ployee of the Department) in order to perform such travel, the attendant may be allowed ex- penses of travel upon the same basis as such per- son. (2)(A) Without regard to whether an eligible veteran entitled to mileage under this section for travel to a Department facility for the pur- pose 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, treat- ment, 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 serv- ices 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 vet- eran; and (ii) to require such attendants to use certain travel services. (D) In this subsection, the term ‘‘eligible vet- eran’’ has the meaning given that term in sec- tion 1720G(a)(2) of this title. (f) The Secretary may provide for the purchase of printed reduced-fare requests for use by vet- erans 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 Omni- bus Health Services Act of 2010, the Secretary may adjust the mileage rate described in sub- section (a) to be equal to the mileage reimburse- ment rate for the use of privately owned vehi- cles by Government employees on official busi- ness (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 sub- section (a), the Secretary shall, not later than 60 days before the date of the implementation of the mileage rate as so adjusted, submit to Con- gress a written report setting forth the adjust- ment 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. (h)(1) Notwithstanding any other provision of law, the Secretary may make payments to or for any person traveling in, to, or from the Freely Associated States for receipt of care or services authorized to be legally provided by the Sec- retary in the Freely Associated States under section 1724(f)(1) of this title. (2) A person who has received payment for travel in a country pursuant to this subsection shall remain eligible for payment for such travel in that country regardless of whether the coun- try continues to qualify as a Freely Associated State for purposes of this subsection. (3) The Secretary shall prescribe regulations to carry out this subsection. (4) In this subsection, the term ‘‘Freely Asso- ciated States’’ means— (A) the Federated States of Micronesia, dur- ing such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); (B) the Republic of the Marshall Islands, during such time as it is a party to the Com- pact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); and (C) the Republic of Palau, during such time as it is a party to the Compact of Free Asso- ciation between the United States and the Government of Palau set forth in section 201 of Joint 1 Resolution entitled ‘‘Joint Resolution to approve the ‘Compact of Free Association’ between the United States and the Govern- ment of Palau, and for other purposes’’ (Public Law 99–658; 48 U.S.C. 1931 note). Page 43 TITLE 38—VETERANS’ BENEFITS § 111 (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 86–590, July 5, 1960, 74 Stat. 329; Pub. L. 89–358, § 4(g), Mar. 3, 1966, 80 Stat. 24; Pub. L. 89–455, June 18, 1966, 80 Stat. 208; Pub. L. 94–581, title I, § 101, Oct. 21, 1976, 90 Stat. 2842; Pub. L. 96–151, title II, § 201(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 97–295, § 4(5), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100–322, title I, § 108(a), (b)(1), (c)–(e)(1), May 20, 1988, 102 Stat. 496–498; Pub. L. 102–83, §§ 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, § 1201(e)(1), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 110–387, title IV, § 401(a)(1), (b), Oct. 10, 2008, 122 Stat. 4122; Pub. L. 111–163, title I, § 104, title III, § 305(a)–(d), May 5, 2010, 124 Stat. 1140, 1151, 1152; Pub. L. 112–56, title II, § 263, Nov. 21, 2011, 125 Stat. 732; Pub. L. 112–154, title VII, § 704, Aug. 6, 2012, 126 Stat. 1206; Pub. L. 112–260, title II, § 202(b)(1)–(3), Jan. 10, 2013, 126 Stat. 2424; Pub. L. 114–58, title VI, § 601(1), Sept. 30, 2015, 129 Stat. 538; Pub. L. 114–223, div. A, title II, § 250(a), Sept. 29, 2016, 130 Stat. 892; Pub. L. 118–42, div. G, title II, § 209(a)(3), Mar. 9, 2024, 138 Stat. 439.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Caregivers and Vet- erans 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 2024—Subsec. (h). Pub. L. 118–42 added subsec. (h). 2016—Subsec. (b)(1)(G). Pub. L. 114–223 added subpar. (G). 2015—Subsec. (b)(1). Pub. L. 114–58, § 601(1)(A), sub- stituted ‘‘subsection (g)(2)’’ for ‘‘subsection (g)(2)(A)’’. Subsec. (b)(3)(C). Pub. L. 114–58, § 601(1)(B), sub- stituted ‘‘(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 Depart- ment 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 subpara- graph (B)’’. 2011—Subsec. (b)(3)(C). Pub. L. 112–56 added subpar. (C). 2010—Subsec. (a). Pub. L. 111–163, § 305(a)(1), (b), sub- stituted ‘‘(at a rate of 41.5 cents per mile),’’ for ‘‘trav- eled,’’ and inserted before last sentence ‘‘Actual nec- essary 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 an- nual’’. 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 sub- sec. (g) generally. Prior to amendment, subsec. (g) re- lated 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 limi- tations. 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 Sec- retary increases or decreases the rates of allowances or reimbursement to be paid under this section, the Sec- retary shall, effective on the date on which such in- crease or decrease takes effect, adjust proportionately the dollar amounts specified in paragraphs (1) and (2) of this subsection as such amounts may have been in- creased 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 fol- lows: ‘‘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 rep- resentatives of organizations of veterans, shall conduct periodic investigations of the actual cost of travel (in- cluding 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 in- vestigations immediately following any alteration in the rates described in paragraph (3)(C) of this sub- section, 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 con- ducting investigations and determining rates of mile- age 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 Sec- retary proposes to establish or continue with a full jus- tification 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), sub- stituted ‘‘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), sub- stituted ‘‘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), sub- stituted ‘‘Department’’ for ‘‘Veterans’ Administra- tion’’. 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), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. 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), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. 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), sub- stituted ‘‘Secretary’’ for first and third references to ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Page 44 TITLE 38—VETERANS’ BENEFITS § 111 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 ‘‘Sec- retary’’ for ‘‘Administrator’’. Subsec. (g)(3), (4). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. 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 ‘‘Pay- ments or allowances for beneficiary travel’’ for ‘‘Travel expenses’’ in section catchline. Subsecs. (b), (c). Pub. L. 100–322, § 108(a)(2), added sub- secs. (b) and (c). Former subsecs. (b) and (c) redesig- nated (d) and (e), respectively. Subsec. (d). Pub. L. 100–322, § 108(a)(1), (d), redesig- nated 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), redesig- nated subsecs. (c) and (d) as (e) and (f), respectively. Former subsec. (e) redesignated (g). Subsec. (g). Pub. L. 100–322, § 108(a)(1), (c), redesig- nated subsec. (e) as (g), and in par. (4) substituted ‘‘Be- fore determining rates or adjusting amounts’’ for ‘‘Be- fore 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 pro- visions respecting determinations pursuant to regula- tions prescribed by the Administrator, subject to appli- cable exceptions, for provisions respecting determina- tions based on annual declarations and certifications by persons claiming reimbursements, subject to appli- cable 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 hir- ing an automobile or ambulance, or the fee authorized for the services of a nonemployee attendant. 1960—Subsec. (a). Pub. L. 86–590 allowed reimburse- ment for actual cost of ferry fares, and bridge, road, and tunnel tolls. Statutory Notes and Related Subsidiaries 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 re- spect to travel expenses incurred after the expiration of the 90-day period that begins on the date of the enact- ment 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 sub- section (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 enact- ment [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 fis- cal year 1988 the Administrator has exercised the au- thority 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 sub- sections (b) and (d) of this section [amending this sec- tion] 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].’’ DEPARTMENT OF VETERANS AFFAIRS TRANSPORTATION PILOT PROGRAM FOR LOW INCOME VETERANS Pub. L. 117–328, div. U, title II, § 243, Dec. 29, 2022, 136 Stat. 5459, provided that: ‘‘(a) PILOT PROGRAM REQUIRED.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall com- mence carrying out a pilot program to assess the feasi- bility and advisability of providing payments author- ized under subsection (a) of section 111 of title 38, United States Code, 48 hours in advance of travel to eli- gible appointments to veterans and other eligible indi- viduals who are also eligible for a deduction waiver as provided by paragraphs (3) and (4) of subsection (c) of such section. ‘‘(b) DURATION.—The Secretary shall carry out the pilot program during the five-year period beginning on the date of the commencement of the pilot program. ‘‘(c) LOCATIONS.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for purposes of the pilot program. ‘‘(d) REPORT.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the completion of the pilot program, the Sec- retary shall submit to Congress a report on the find- ings of the Secretary with respect to the pilot pro- gram. ‘‘(2) CONTENTS.—The report submitted under para- graph (1) shall include the following: ‘‘(A) The number of individuals who benefitted from the pilot program broken, disaggregated by geographic location, race or ethnicity, age, dis- ability rating, and sex. ‘‘(B) Average distance traveled by participants to appointments and average funds provided per ap- pointment, disaggregated by geographic region. ‘‘(C) A description of any impediments to car- rying out the pilot program. ‘‘(D) An account of payments provided for travel that did not occur or was authorized incorrectly. Page 45 TITLE 38—VETERANS’ BENEFITS § 111 ‘‘(E) An account of any attempts to retrieve such payment. ‘‘(F) Recommendations of the Secretary for legis- lative or administrative action to reduce improper payments. ‘‘(G) An assessment of the feasibility and advis- ability of providing payments as described in sub- section (a).’’ PILOT PROGRAM FOR TRAVEL COST REIMBURSEMENT FOR ACCESSING READJUSTMENT COUNSELING SERVICES Pub. L. 117–328, div. U, title II, § 244, Dec. 29, 2022, 136 Stat. 5460, provided that: ‘‘(a) PILOT PROGRAM REQUIRED.—Not later than 270 days after the date of the enactment of this Act [Dec. 29, 2022], the Secretary shall establish and commence a pilot program, within the Readjustment Counseling Services of the Veterans Health Administration, to as- sess the feasibility and advisability of providing pay- ment to cover or offset financial difficulties of an indi- vidual in accessing or using transportation to and from the nearest Vet Center service site providing the nec- essary readjustment counseling services for the indi- vidual’s plan of service. ‘‘(b) PARTICIPATION.— ‘‘(1) IN GENERAL.—In carrying out the pilot program required by subsection (a), the Secretary shall limit participation— ‘‘(A) by individuals pursuant to paragraph (2); and ‘‘(B) by Vet Centers pursuant to paragraph (3). ‘‘(2) PARTICIPATION BY INDIVIDUALS.— ‘‘(A) IN GENERAL.—The Secretary shall limit par- ticipation in the pilot program to individuals who are eligible for services at a participating Vet Cen- ter and experiencing financial hardship. ‘‘(B) FINANCIAL HARDSHIP.—The Secretary shall determine the meaning of ‘financial hardship’ for purposes of subparagraph (A). ‘‘(3) PARTICIPATION OF VET CENTERS.—Vet Centers participating in the program shall be chosen by the Secretary from among those serving individuals in areas designated by the Secretary as rural or highly rural or Tribal lands. ‘‘(c) TRAVEL ALLOWANCES AND REIMBURSEMENTS.— Under the pilot program required by subsection (a), the Secretary shall provide a participating individual a travel allowance or reimbursement at the earliest time practicable, but not later than 10 business days after the date of the appointment. ‘‘(d) DURATION.—The Secretary shall carry out the pilot program required by subsection (a) during the five-year period beginning on the date of the com- mencement of the pilot program. ‘‘(e) LOCATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall carry out the pilot program at not fewer than five locations se- lected by the Secretary for purposes of the pilot pro- gram. ‘‘(2) EXISTING INITIATIVE.— ‘‘(A) LOCATIONS PARTICIPATING IN EXISTING INITIA- TIVE.—Of the locations selected under paragraph (1), four shall be the locations participating in the initiative commenced under section 104(a) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112–154) [126 Stat. 1169], as most recently amended by sec- tion 105 of the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023 (Public Law 117–180) [136 Stat. 2137], as of the date of the enactment of this Act. ‘‘(B) TERMINATION OF EXISTING INITIATIVE.— [Amended section 104(a) of Pub. L. 112–154, which is not classified to the Code.] ‘‘(f) ANNUAL REPORTS.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the commencement of the pilot program re- quired by subsection (a) and each year thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Secretary with respect to the pilot program. ‘‘(2) CONTENTS.—Each report submitted under para- graph (1) shall include the following: ‘‘(A) The number of individuals who benefitted from the pilot program, disaggregated by age, race or ethnicity, and sex, to the extent possible. ‘‘(B) The average distance traveled by each indi- vidual per each Vet Center. ‘‘(C) The definition of financial hardship deter- mined by the Secretary under subsection (b)(2)(B). ‘‘(D) A description of how the funds are distrib- uted. ‘‘(E) The average amount of funds distributed per instance, disaggregated by Vet Center. ‘‘(F) A description of any impediments to the Sec- retary in paying expenses or allowances under the pilot program. ‘‘(G) An assessment of the potential for fraudu- lent receipt of payment under the pilot program and the recommendations of the Secretary for leg- islative or administrative action to reduce such fraud. ‘‘(H) Such recommendations for legislative or ad- ministrative action as the Secretary considers ap- propriate with respect to the payment of expenses or allowances. ‘‘(g) VET CENTER DEFINED.—In this section, the term ‘Vet Center’ means a center for readjustment coun- seling and related mental health services for veterans under section 1712A of title 38, United States Code.’’ CLARIFICATION OF RELATION TO PUBLIC TRANSPOR- TATION IN VETERANS HEALTH ADMINISTRATION HAND- BOOK 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 Sec- retary of Veterans Affairs shall revise the Veterans Health Administration Handbook to clarify that an al- lowance 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 adjust- ment 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 BE- TWEEN JANUARY 1, 1984, AND THE PROMULGATION OF REGULATIONS BY ADMINISTRATOR OF VETERANS’ AF- FAIRS 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 bene- ficiaries 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 transpor- tation of things of such officers and employees and their dependents, shall be applicable to the travel of el- Page 46 TITLE 38—VETERANS’ BENEFITS § 111A igible veterans, dependents, or survivors, for which re- imbursement 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, depend- ents, or survivors.’’ Executive Documents 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 su- perseded 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 by Ex. Ord. No. 11429, Sept. 9, 1968, 33 F.R. 12817; Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, pro- vided: 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 sub- sistence, of any claimant or beneficiary of the Vet- erans’ 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 Ad- ministrator 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 sub- sistence. SEC. 2. The Administrator of Veterans’ Affairs may authorize or approve in lieu of actual necessary ex- penses 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 claim- ant or beneficiary of the Veterans’ Administration traveling to or from a Veterans’ Administration facil- ity, or other place, in connection with vocational reha- bilitation or counseling, or for the purpose of examina- tion, treatment, or care. In addition to such mileage al- lowance, 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 reim- bursement 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 allow- ances in connection with vocational rehabilitation, counseling, or upon termination of examination, treat- ment, or care, may be made before the completion of travel: a. The mileage allowance and fare and tolls author- ized 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 at- tendant. SEC. 5. The Administrator of Veterans’ Affairs may prescribe such rules and regulations not inconsistent herewith as may be necessary to effectuate the provi- sions of this order. SEC. 6. Executive Order No. 11142 of February 12, 1964, is hereby superseded. § 111A. Transportation of individuals to and from Department facilities (a) TRANSPORTATION BY SECRETARY.—(1) The Secretary may transport any person to or from a Department facility or other place in connec- tion with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examina- tion, treatment, or care. (2) The authority granted by paragraph (1) shall expire on September 30, 2025. (b) TRANSPORTATION BY THIRD-PARTIES.—(1) The Secretary, in consultation and coordination with the Secretary of Transportation and appro- priate representatives of veterans’ service orga- nizations, shall take all appropriate steps to fa- cilitate the establishment and maintenance of a program under which such organizations, or in- dividuals 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 fa- cilities) who seek services or benefits from the Department under chapter 17 or other provisions of this title. (2)(A) Not later than 90 days after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, the Secretary shall de- velop and establish a national protocol for the administration of medical examinations for vol- unteer drivers to participate in the program de- scribed in paragraph (1). (B) In developing the protocol required by sub- paragraph (A), the Secretary shall consult with such persons as the Secretary determines have an interest in the program described in para- graph (1). (C)(i) The Secretary shall implement the pro- tocol by first conducting a one-year pilot pro- gram using the protocol. (ii) After conducting the pilot program re- quired by clause (i), the Secretary shall assess the pilot program and make such changes to the protocol as the Secretary considers appropriate. (iii) After making changes to the protocol under clause (ii), the Secretary shall implement the protocol in phases during the course of one year. (Added and amended Pub. L. 112–260, title II, § 202(a), (b), Jan. 10, 2013, 126 Stat. 2423, 2424; Pub. L. 113–59, § 6, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113–175, title IV, § 401, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, § 401, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114–228, title IV, § 401, Sept. 29, 2016, 130 Stat. 939; Pub. L. 115–62, title IV, § 401, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 161, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116–159, div. E, title II, § 5204, Oct. 1, 2020, 134 Stat. 750; Pub. L. 116–315, title VII, § 7001, Jan. 5, 2021, 134 Stat. 5054; Pub. L. 117–180, div. E, title II, § 201, Sept. 30, 2022, 136 Stat. 2137; Pub. L.