§ 111. Payments or allowances for beneficiary travel

Footnotes

1. 1 So in original. Probably should be preceded by “the”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 111

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113

2. 1960

   Pub. L. 86–590 · 74 Stat. 329

   Changed · 38 U.S.C. § 111(a)

   Pub. L. 86–590 allowed reimbursement for actual cost of ferry fares, and bridge, road, and tunnel tolls

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–590 allowed reimbursement for actual cost of ferry fares, and bridge, road, and tunnel tolls.

3. 1966

   Veterans

   Pub. L. 89–358 § 4(g) · 80 Stat. 12

   Substituted · 38 U.S.C. § 111(a)

   Pub. L. 89–358 substituted reference to chapter 34 for 33

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–358 substituted reference to chapter 34 for 33.

   Enacted provision · exact public law section
   (g) Section 111(a) of such title 38 is amended by striking out “33” and inserting in lieu thereof “34”.

4. 1966

   Pub. L. 89–455 · 80 Stat. 208

   Changed · 38 U.S.C. § 111(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

   Source evidence

   Code amendment note
   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.

5. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 § 101(1) · 90 Stat. 2842

   Inserted · 38 U.S.C. § 111(a)

   Pub. L. 94–581, § 101(1), inserted “pursuant to the provisions of this section” after “President”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–581, § 101(1), inserted “pursuant to the provisions of this section” after “President”.

   Enacted provision · exact public law section
   (1) inserting in subsection (a) “pursuant to the provisions of this section” after “President”; and

6. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 § 101(2) · 90 Stat. 2842

   Added · 38 U.S.C. § 111(e)

   Pub. L. 94–581, § 101(2), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 94–581, § 101(2), added subsec. (e).

   Enacted provision · exact public law section
   (2) inserting at the end of such section the following new subsection: “(e) (1) In carrying out the purposes of this section, the Administrator, 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 Veterans’ Administration 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 Administrator 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, based on an annual declaration and certification by such person, to be unable to defray the expenses of such travel (except with respect to a veteran receiving benefits for or in connection with a service-connected disability under 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 Administrator 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 5 USC 5702, 5704. Report to congressional committees. employees of the United States. “(4) Before determining rates under this section, and not later than sixty days after the effective date of this subsection, and thereafter not later than sixty days after any alteration in the rates described in paragraph (3) (C) of this subsection, the Administrator shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report containing the rates the Administrator proposes to establish or continue with a full justification therefor in terms of each of the limitations and factors set forth in this section.”.

7. 1979

   Veterans Health Programs Extension and Improvement Act of 1979

   Pub. L. 96–151 title II § 201(a) · 93 Stat. 1092

   Substituted · 38 U.S.C. § 111(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 111(e)(2)(A) is amended by— (1) striking out “based on an annual declaration and certification by such person” and inserting in lieu thereof “pursuant to regulations which the Administrator shall prescribe”; and (2) striking out “a veteran” and all that follows through “title” and inserting in lieu thereof “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 521 of this title, or a person whose annual income, determined in 38 USC 521. 38 USC 503. accordance with section 503 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 521 of this title”.

8. 1982

   Pub. L. 97–295 § 4(5) · 96 Stat. 1287

   Substituted · 38 U.S.C. § 111(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (5) Section 111(e)(4) is amended by striking out “, and not later 38 USC 111. than sixty days after the effective date of this subsection, and thereafter” and substituting “and”.

9. 1988

   Veterans

   Pub. L. 100–322 § 108(e)(1) · 102 Stat. 487

   Substituted · 38 U.S.C. § 111

   Pub. L. 100–322, § 108(e)(1), substituted “Payments or allowances for beneficiary travel” for “Travel expenses” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 100–322, § 108(e)(1), substituted “Payments or allowances for beneficiary travel” for “Travel expenses” in section catchline.

   Enacted provision · exact public law section
   (1) The heading of section 111 is amended to read as follows: “§ 111 . Payments or allowances for beneficiary travel”.

10. 1988

    Veterans

    Pub. L. 100–322 § 108(a)(2) · 102 Stat. 487

    Redesignated · 38 U.S.C. § 111(b); 38 U.S.C. § 111(c)

    Pub. L. 100–322, § 108(a)(2), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) by inserting after subsection (a) the following new subsections (b) and (c): “(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 Administrator exercises the authority under this section to make any payments, the Administrator 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 521 of this title. “(D) A veteran (i) whose annual income (as determined under section 503 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 521 of this title, or (ii) who is determined, under regulations prescribed by the Administrator, 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 Veteran’ Administration 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 Veterans’ Administration facility is incident to a scheduled compensation and pension examination. “(2) The Administrator 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 Administrator shall prescribe. “(3) (A) Except as provided in subparagraph (B) of this paragraph, the Administrator 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 Administrator 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 Administrator 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 the Veteran’s Administration facility by special mode of travel, the Administrator 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 Administrator 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 Administrator, 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 Administrator 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 Administrator pursuant to para graph (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 Veterans’ Administration 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 Administrator 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 Administrator shall prescribe in Regulations. regulations the conditions under which a finding of severe financial hardship is warranted for purposes of this paragraph. “(5) Whenever the Administrator increases or decreases the rates of allowances or reimbursement to be paid under this section, the Administrator 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.”.

11. 1988

    Veterans

    Pub. L. 100–322 § 108(a)(1) · 102 Stat. 487

    Redesignated · 38 U.S.C. § 111(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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (1) by redesignating subsections (b), (c), (d), and (e) as subsections (d), (e), (f), and (g), respectively; and

12. 1988

    Veterans

    Pub. L. 100–322 § 108(a)(1) · 102 Stat. 487

    Redesignated · 38 U.S.C. § 111(e); 38 U.S.C. § 111(f)

    Pub. L. 100–322, § 108(a)(1), redesignated subsecs. (c) and (d) as (e) and (f), respectively. Former subsec. (e) redesignated (g)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (1) by redesignating subsections (b), (c), (d), and (e) as subsections (d), (e), (f), and (g), respectively; and

13. 1988

    Veterans

    Pub. L. 100–322 § 108(a)(1) · 102 Stat. 487

    Redesignated · 38 U.S.C. § 111(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) by redesignating subsections (b), (c), (d), and (e) as subsections (d), (e), (f), and (g), respectively; and

14. 1988

    Veterans

    Pub. L. 100–322 § 108(b)(1) · 102 Stat. 487

    Added · 38 U.S.C. § 111(h)

    Pub. L. 100–322, § 108(b)(1), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 100–322, § 108(b)(1), added subsec. (h).

    Enacted provision · exact public law section
    (1) Such section is further amended by adding at the end the following new subsection: “(h) The Administrator, in consultation and coordination with the Secretary of Transportation and appropriate representatives of veteran’ 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 Veterans’ Administration, would take responsibility for the transportation, without reimbursement from the Veteran’ Administration, to Veterans’ Administration facilities of veterans (primarily those residing in areas which are geographically accessible to such facilities) who seek services or benefits from the Veteran’ Administration under chapter 17 or other provisions of this title.”.

15. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(a)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

16. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(a)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

17. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(b)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

18. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 111(b)(1)(C); 38 U.S.C. § 111(b)(1)(D)

       Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521” in subpar. (D)

    2. Substituted · 38 U.S.C. § 111(b)(1)(C); 38 U.S.C. § 111(b)(1)(D)

       Pub. L. 102–83, § 5(c)(1), substituted “1503” for “503” in subpar. (D)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

19. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(b)(1)(E); 38 U.S.C. § 111(b)(1)(F)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E), (F). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

20. 1991

    Pub. L. 102–83 § 4(a)(6) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(b)(3)(B)

    Pub. L. 102–83, § 4(a)(6), substituted “Department facility” for “Veteran’s Administration facility”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B). Pub. L. 102–83, § 4(a)(6), substituted “Department facility” for “Veteran’s Administration facility”.

    Enacted provision · exact public law section
    (6) Section 111(b)(3)(B) is amended by striking out “Veteran’s Administration facility” and inserting in lieu thereof “Department facility”,

21. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(c)(1); 38 U.S.C. § 111(c)(2)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c)(1), (2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

22. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(c)(3)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

23. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(c)(4); 38 U.S.C. § 111(c)(5)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c)(4), (5). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

24. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(e)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

25. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(f)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

26. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(f)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

27. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(g)(1)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for first and third references to “Administrator”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for first and third references to “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

28. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(g)(1)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

29. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 111(g)(2)(A)

       Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521”

    2. Substituted · 38 U.S.C. § 111(g)(2)(A)

       Pub. L. 102–83, § 5(c)(1), substituted “1503” for “503”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(A). Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521” in two places and “1503” for “503”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

30. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(g)(2)(A)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

31. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(g)(3); 38 U.S.C. § 111(g)(4)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (g)(3), (4). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

32. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(h)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for first reference to “Administrator”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for first reference to “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

33. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 111(h)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

34. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1201(e)(1) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 111(b)(3)(B)

    Pub. L. 103–446 substituted “a Department facility” for “the Department facility”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B). Pub. L. 103–446 substituted “a Department facility” for “the Department facility”.

    Enacted provision · exact public law section
    (1) Section lll(b)(3)(B) is amended by striking out “the 38 USC 111. Department facility” and inserting in lieu thereof “a Department facility”.

35. 2008

    Veterans’ Mental Health and Other Care Improvements Act of 2008

    Pub. L. 110–387 § 401(a)(1)(B) · 122 Stat. 4110

    Struck · 38 U.S.C. § 111(c)(2)

    Pub. L. 110–387, § 401(a)(1)(B), struck out “, except as provided in paragraph (5) of this subsection,” after “shall not”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “, except as provided in paragraph (5) of this subsection,”.

36. 2008

    Veterans’ Mental Health and Other Care Improvements Act of 2008

    Pub. L. 110–387 § 401(a)(1)(A) · 122 Stat. 4110

    Struck · 38 U.S.C. § 111(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (A) by striking paragraph (5); and

37. 2008

    Veterans’ Mental Health and Other Care Improvements Act of 2008

    Pub. L. 110–387 § 401(b)(1) · 122 Stat. 4110

    Amended · 38 U.S.C. § 111(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (1) by amending paragraph (1) to read as follows: “(1) Subject to paragraph (3), in determining the amount of allowances or reimbursement to be paid under this section, the Secretary shall use 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.” ;

38. 2008

    Veterans’ Mental Health and Other Care Improvements Act of 2008

    Pub. L. 110–387 § 401(b)(2) · 122 Stat. 4110

    1. Added · 38 U.S.C. § 111(g)(3)

       Pub. L. 110–387, § 401(b)(2), (3), added par. (3)

    2. Struck · 38 U.S.C. § 111(g)(3)

       Pub. L. 110–387, § 401(b)(2), (3), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) by striking paragraphs (3) and (4); and

39. 2008

    Veterans’ Mental Health and Other Care Improvements Act of 2008

    Pub. L. 110–387 § 401(b)(2) · 122 Stat. 4110

    Struck · 38 U.S.C. § 111(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (3) and (4); and

40. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 305(a)(1) · 124 Stat. 1130

    1. Substituted · 38 U.S.C. § 111(a)

       Pub. L. 111–163, § 305(a)(1), (b), substituted “(at a rate of 41.5 cents per mile),” for “traveled,”

    2. Inserted · 38 U.S.C. § 111(a)

       Pub. L. 111–163, § 305(a)(1), (b), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “traveled,” and inserting “(at a rate of 41.5 cents per mile),”; and

41. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 305(c) · 124 Stat. 1130

    Inserted · 38 U.S.C. § 111(b)(1)(D)(i)

    Pub. L. 111–163, § 305(c), inserted “who is not traveling by air and” before “whose annual”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D)(i). Pub. L. 111–163, § 305(c), inserted “who is not traveling by air and” before “whose annual”.

    Enacted provision · exact public law section
    (c) Elimination of Limitation Based on Maximum Annual Rate of Pension.— Subsection (b)(1)(D)(i) of such section is amended by inserting “who is not traveling by air and” before “whose annual”.

42. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 305(d) · 124 Stat. 1130

    Added · 38 U.S.C. § 111(b)(4)

    Pub. L. 111–163, § 305(d), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 111–163, § 305(d), added par. (4).

    Enacted provision · exact public law section
    (d) Determination of Practicality.— Subsection (b) of such section is amended by adding at the end the following new paragraph: “(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.” .

43. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 104 · 124 Stat. 1130

    1. Amended · 38 U.S.C. § 111(e)

       Pub. L. 111–163, § 104, designated existing provisions as par. (1)

    2. Substituted · 38 U.S.C. § 111(e)

       Pub. L. 111–163, § 104, substituted “Except as provided in paragraph (2), when” for “When”

    3. Added · 38 U.S.C. § 111(e)

       Pub. L. 111–163, § 104, added par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 104. LODGING AND SUBSISTENCE FOR ATTENDANTS.   Section 111(e) is amended— (1) by striking “When” and inserting the following: “(1) Except as provided in paragraph (2), when”; and (2) by adding at the end the following new paragraphs: “(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.” .

44. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 305(a)(2) · 124 Stat. 1130

    Amended · 38 U.S.C. § 111(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) by amending subsection (g) to read as follows: “(g) (1) Effective date. 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) Deadline. Reports. 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.” .

45. 2011

    VOW to Hire Heroes Act of 2011

    Pub. L. 112–56 title II § 263 · 125 Stat. 732

    Added · 38 U.S.C. § 111(b)(3)(C)

    Pub. L. 112–56 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 112–56 added subpar. (C).

    Enacted provision · exact public law section
    SEC. 263. REIMBURSEMENT RATE FOR AMBULANCE SERVICES.   Section 111(b)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraph: “(C) In the case of transportation of a person under subparagraph (B) 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. 1395(l)) unless the Secretary has entered into a contract for that transportation with the provider.” .

46. 2012

    Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

    Pub. L. 112–154 title VII § 704 · 126 Stat. 1165

    Substituted · 38 U.S.C. § 111(b)(3)(C)

    Pub. L. 112–154 substituted “to or from a Department facility” for “under subparagraph (B)”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 112–154 substituted “to or from a Department facility” for “under subparagraph (B)”.

    Enacted provision · exact public law section
    SEC. 704. MODIFICATION OF PROVISION RELATING TO REIMBURSEMENT RATE FOR AMBULANCE SERVICES.   Section 111(b)(3)(C) is amended by striking “under subparagraph (B)” and inserting “to or from a Department facility”.

47. 2013

    Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012

    Pub. L. 112–260 title II § 202(b)(1) · 126 Stat. 2417

    Changed · 38 U.S.C. § 111(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) transferred to section 111A of such title, 38 USC 111, 111A. as added by subsection (a);

48. 2015

    Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 § 601(1)(A) · 129 Stat. 530

    Substituted · 38 U.S.C. § 111(b)(1)

    Pub. L. 114–58, § 601(1)(A), substituted “subsection (g)(2)” for “subsection (g)(2)(A)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 114–58, § 601(1)(A), substituted “subsection (g)(2)” for “subsection (g)(2)(A)”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “subsection (g)(2)(A)” and inserting “subsection (g)(2)”; and

49. 2015

    Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 § 601(1)(B) · 129 Stat. 530

    Substituted · 38 U.S.C. § 111(b)(3)(C)

    Pub. L. 114–58, § 601(1)(B), substituted “(42 U.S.C. 1395m(l))” for “(42 U.S.C. 1395(l))”

    Source evidence

    Code amendment note
    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))”.

    Enacted provision · exact public law section
    (B) in paragraph (3)(C), by striking “(42 U.S.C. 1395(l))” and inserting “(42 U.S.C. 1395m(l))”;

50. 2016

    Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017

    Pub. L. 114–223 div. A title II § 250(a) · 130 Stat. 857

    Added · 38 U.S.C. § 111(b)(1)(G)

    Pub. L. 114–223 added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(G). Pub. L. 114–223 added subpar. (G).

    Enacted provision · exact public law section
    (a) In General.— Section 111(b)(1) of title 38, United States Code, is amended by adding at the end the following new subparagraph: “(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.” .

    Effective date note
    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].”

51. 2024

    Pub. L. 118–42 div. G title II § 209(a)(3) · 138 Stat. 439

    Added · 38 U.S.C. § 111(h)

    Pub. L. 118–42 added subsec. (h)

    Unresolved: Pub. L. 118–42 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 118–42 added subsec. (h).

53 of 57 references resolved to an enrolled provision · 3 partial · 1 unresolved