38 U.S.C. § 111A — Transportation of individuals to and from

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 No. 10881, July 6, 1960, 25 F.R. 6414, which prescribed regulations governing allowances, was superseded by Ex.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. Page 47 TITLE 38—VETERANS’ BENEFITS § 113 118–83, div. B, title III, § 331, Sept. 26, 2024, 138 Stat. 1541.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, referred to in subsec. (b)(2)(A), is the date of enactment of Pub. L. 116–315, which was approved Jan. 5, 2021. AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–83 substituted ‘‘Sep- tember 30, 2025’’ for ‘‘September 30, 2024’’. 2022—Subsec. (a)(2). Pub. L. 117–180 substituted ‘‘Sep- tember 30, 2024’’ for ‘‘September 30, 2022’’. 2021—Subsec. (b). Pub. L. 116–315 designated existing provisions as par. (1) and added par. (2). 2020—Subsec. (a)(2). Pub. L. 116–159 substituted ‘‘Sep- tember 30, 2022’’ for ‘‘September 30, 2020’’. 2018—Subsec. (a)(2). Pub. L. 115–251 substituted ‘‘Sep- tember 30, 2020’’ for ‘‘September 30, 2019’’. 2017—Subsec. (a)(2). Pub. L. 115–62 substituted ‘‘Sep- tember 30, 2019’’ for ‘‘December 31, 2017’’. 2016—Subsec. (a)(2). Pub. L. 114–228 substituted ‘‘De- cember 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (a)(2). Pub. L. 114–58 substituted ‘‘De- cember 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (a)(2). Pub. L. 113–175 substituted ‘‘De- cember 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (a)(2). Pub. L. 113–59 substituted ‘‘De- cember 31, 2014’’ for ‘‘the date that is one year after the date of the enactment of this section’’. Subsec. (b). Pub. L. 112–260, § 202(b), transferred sub- sec. (h) of section 111 of this title to this section, redes- ignated it as subsec. (b), and inserted heading. § 112. Presidential memorial certificate program (a) At the request of the President the Sec- retary may conduct a program for honoring the memory of deceased persons eligible for burial in a national cemetery by reason of any of para- graphs (1), (2), (3), or (7) of section 2402(a) of this title, by preparing and sending to eligible recipi- ents a certificate bearing the signature of the President and expressing the country’s grateful recognition of the deceased individual’s service in the Armed Forces. The award of a certificate to one eligible recipient will not preclude au- thorization of another certificate if a request is received from some other eligible recipient. (b) For the purpose of this section an ‘‘eligible recipient’’ means the next of kin, a relative or friend upon request, or an authorized service representative acting on behalf of such relative or friend. (c) A certificate may not be furnished under the program under subsection (a) on behalf of a deceased person described in section 2411(b) of this title. (Added Pub. L. 89–88, § 1(a), July 24, 1965, 79 Stat. 264; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107–330, title II, § 201(a), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 112–154, title VI, § 603, Aug. 6, 2012, 126 Stat. 1201; Pub. L. 114–315, title III, § 302(a), Dec. 16, 2016, 130 Stat. 1551.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–315 substituted ‘‘persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title,’’ for ‘‘veterans, discharged under honorable conditions, and persons who died in the active military, naval, or air service,’’. 2012—Subsec. (a). Pub. L. 112–154 inserted ‘‘and per- sons who died in the active military, naval, or air serv- ice,’’ after ‘‘under honorable conditions,’’ and sub- stituted ‘‘deceased individual’s’’ for ‘‘veteran’s’’. 2002—Subsec. (c). Pub. L. 107–330 added subsec. (c). 1991—Subsec. (a). Pub. L. 102–83 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–315, title III, § 302(b), Dec. 16, 2016, 130 Stat. 1551, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to the death of a person eligible for burial in a national cemetery by reason of paragraph (1), (2), (3), or (7) of section 2402(a) of title 38, United States Code, oc- curring before, on, or after the date of the enactment of this Act [Dec. 16, 2016].’’ EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–330, title II, § 201(d), Dec. 6, 2002, 116 Stat. 2823, provided that: ‘‘The amendments made by this section [amending this section and sections 2301 and 2306 of this title] shall apply with respect to deaths oc- curring on or after the date of the enactment of this Act [Dec. 6, 2002].’’ § 113. Treatment of certain programs under se- questration procedures (a) The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be in- cluded in any report specifying reductions in Federal spending: (1) Benefits under chapter 21 of this title, re- lating to specially adapted housing and mort- gage-protection life insurance for certain vet- erans with service-connected disabilities. (2) Benefits under section 2307 of this title, relating to burial benefits for veterans who die as the result of a service-connected disability. (3) Benefits under chapter 39 of this title, re- lating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces. (4) Assistance and services under chapter 31 of this title, relating to training and rehabili- tation for certain veterans with service-con- nected disabilities. (5) Benefits under chapter 35 of this title, re- lating to educational assistance for survivors and dependents of certain veterans with serv- ice-connected disabilities. (6) Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans. (b) The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emer- gency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reduc- tions in Federal spending: (1) The following life insurance accounts: (A) The National Service Life Insurance Fund authorized by section 1920 of this title.