38 U.S. Code § 111 - Payments or allowances for beneficiary travel

The date of the enactment of the Caregivers and Veterans Omnibus Health Services Act of 2010, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 111–163, which was approved May 5, 2010.

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), substituted “subsection (g)(2)” for “subsection (g)(2)(A)”.

Subsec. (b)(3)(C). Pub. L. 114–58, § 601(1)(B), substituted “(42 U.S.C. 1395m(l))” for “(42 U.S.C. 1395(l))”.

2013—Subsec. (h). Pub. L. 112–260 transferred subsec. (h), relating to transportation of veterans to Department facilities by third parties, to section 111A(b) of this title.

2012—Subsec. (b)(3)(C). Pub. L. 112–154 substituted “to or from a Department facility” for “under subparagraph (B)”.

2011—Subsec. (b)(3)(C). Pub. L. 112–56 added subpar. (C).

2010—Subsec. (a). Pub. L. 111–163, § 305(a)(1), (b), substituted “(at a rate of 41.5 cents per mile),” for “traveled,” and inserted before last sentence “Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility.”

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

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

Subsec. (e). Pub. L. 111–163, § 104, designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), when” for “When”, and added par. (2).

Subsec. (g). Pub. L. 111–163, § 305(a)(2), amended subsec. (g) generally. Prior to amendment, subsec. (g) related to use of mileage reimbursement rate for use of privately owned vehicles by Government employees on official business to determine amount of allowances or reimbursement to be paid under this section and limitations.

2008—Subsec. (c)(2). Pub. L. 110–387, § 401(a)(1)(B), struck out “, except as provided in paragraph (5) of this subsection,” after “shall not”.

Subsec. (c)(5). Pub. L. 110–387, § 401(a)(1)(A), struck out par. (5) which read as follows: “Whenever the Secretary increases or decreases the rates of allowances or reimbursement to be paid under this section, the Secretary shall, effective on the date on which such increase or decrease takes effect, adjust proportionately the dollar amounts specified in paragraphs (1) and (2) of this subsection as such amounts may have been increased or decreased pursuant to this paragraph before such date.”

Subsec. (g)(1). Pub. L. 110–387, § 401(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In carrying out the purposes of this section, the Secretary, in consultation with the Administrator of General Services, the Secretary of Transportation, the Comptroller General of the United States, and representatives of organizations of veterans, shall conduct periodic investigations of the actual cost of travel (including lodging and subsistence) to beneficiaries while traveling to or from a Department facility or other place pursuant to the provisions of this section, and the estimated cost of alternative modes of travel, including public transportation and the operation of privately owned vehicles. The Secretary shall conduct such investigations immediately following any alteration in the rates described in paragraph (3)(C) of this subsection, and, in any event, immediately following the enactment of this subsection and not less often than annually thereafter, and based thereon, shall determine rates of allowances or reimbursement to be paid under this section.”

Subsec. (g)(3). Pub. L. 110–387, § 401(b)(2), (3), added par. (3) and struck out former par. (3) which related to the Secretary’s review and analysis of factors in conducting investigations and determining rates of mileage allowance or reimbursement.

Subsec. (g)(4). Pub. L. 110–387, § 401(b)(2), struck out par. (4) which read as follows: “Before determining rates or adjusting amounts under this section and not later than sixty days after any alteration in the rates described in paragraph (3)(C) of this subsection, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report containing the rates and amounts the Secretary proposes to establish or continue with a full justification therefor in terms of each of the limitations and factors set forth in this section.”

1994—Subsec. (b)(3)(B). Pub. L. 103–446 substituted “a Department facility” for “the Department facility”.

1991—Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

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

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

Subsec. (b)(1)(C), (D). Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521” in subpar. (C) and “1503” for “503” and “1521” for “521” in subpar. (D).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1988—Pub. L. 100–322, § 108(e)(1), substituted “Payments or allowances for beneficiary travel” for “Travel expenses” in section catchline.

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

Subsec. (d). Pub. L. 100–322, § 108(a)(1), (d), redesignated subsec. (b) as (d), and in par. (1) substituted “The mileage” for “the mileage” and “of this section.” for “hereof;”, in par. (2) substituted “Actual” for “actual” and a period for a semicolon, and in par. (3) substituted “The expense” for “the expense”. Former subsec. (d) redesignated (f).

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

Subsec. (g). Pub. L. 100–322, § 108(a)(1), (c), redesignated subsec. (e) as (g), and in par. (4) substituted “Before determining rates or adjusting amounts” for “Before determining rates” and “containing the rates and amounts” for “containing the rates”.

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

1982—Subsec. (e)(4). Pub. L. 97–295 substituted “and” for “, and not later than sixty days after the effective date of this subsection, and thereafter” after “under this section”.

1979—Subsec. (e)(2)(A). Pub. L. 96–151 substituted provisions respecting determinations pursuant to regulations prescribed by the Administrator, subject to applicable exceptions, for provisions respecting determinations based on annual declarations and certifications by persons claiming reimbursements, subject to applicable exceptions.

1976—Subsec. (a). Pub. L. 94–581, § 101(1), inserted “pursuant to the provisions of this section” after “President”.

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

1966—Subsec. (a). Pub. L. 89–358 substituted reference to chapter 34 for 33.

Subsec. (b). Pub. L. 89–455 authorized the prepayment of actual local travel expenses and the expense of hiring an automobile or ambulance, or the fee authorized for the services of a nonemployee attendant.

1960—Subsec. (a). Pub. L. 86–590 allowed reimbursement for actual cost of ferry fares, and bridge, road, and tunnel tolls.

Pub. L. 114–223, div. A, title II, § 250(c), Sept. 29, 2016, 130 Stat. 893, provided that:

Pub. L. 110–387, title IV, § 401(d), Oct. 10, 2008, 122 Stat. 4123, provided that:

Pub. L. 100–322, title I, § 108(g), May 20, 1988, 102 Stat. 499, provided that:

Pub. L. 96–151, title II, § 206, Dec. 20, 1979, 93 Stat. 1095, provided that:

Pub. L. 94–581, title II, § 211, Oct. 21, 1976, 90 Stat. 2866, provided that:

Pub. L. 100–322, title I, § 108(f), May 20, 1988, 102 Stat. 498, provided that:

Pub. L. 111–163, title III, § 305(e), May 5, 2010, 124 Stat. 1152, provided that:

Pub. L. 117–328, div. U, title II, § 243, Dec. 29, 2022, 136 Stat. 5459, provided that:

Pub. L. 117–328, div. U, title II, § 244, Dec. 29, 2022, 136 Stat. 5460, provided that:

Pub. L. 111–163, title III, § 305(f), May 5, 2010, 124 Stat. 1152, provided that:

Pub. L. 110–387, title IV, § 401(a)(2), Oct. 10, 2008, 122 Stat. 4122, provided that:

Pub. L. 98–160, title I, § 108, Nov. 21, 1983, 97 Stat. 999, provided that promulgation of guidelines pending issuance of regulations covering the travel of beneficiaries during an interim period beginning Jan. 1, 1984, and directed that a report be made to Congress not later than Apr. 1, 1984, regarding travel payments.

Pub. L. 96–330, title IV, § 406, Aug. 26, 1980, 94 Stat. 1052, provided that:

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.

Ex. Ord. No. 11142, Feb. 12, 1964, 29 F.R. 2479, which prescribed regulations governing allowances, was superseded by Ex. Ord. No. 11302, Sept. 6, 1966, 31 F.R. 11741, set out below.

Ex. Ord. No. 11302, 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, provided:

By virtue of the authority vested in me by Section 111 of Title 38 of the United States Code, as amended by the Act of June 18, 1966 (Public Law 89–455), it is hereby ordered as follows:

Section 1. The Administrator of Veterans’ Affairs may authorize or approve the payment of the actual necessary expenses of travel, including lodging and subsistence, of any claimant or beneficiary of the Veterans’ Administration traveling to or from a Veterans’ Administration facility, or other place, in connection with vocational rehabilitation or counseling, or for the purpose of examination, treatment, or care. The Administrator may authorize or approve such payment to the claimant or beneficiary, or, in his discretion, to the person who or the organization which has actually paid the expenses of such travel, including lodging and subsistence.

Sec. 2. The Administrator of Veterans’ Affairs may authorize or approve in lieu of actual necessary expenses of travel, including lodging and subsistence, payment of an allowance, in such amount per mile as the Administrator shall from time to time fix pursuant to 38 U.S.C. 111 as affected by this order, to any claimant or beneficiary of the Veterans’ Administration traveling to or from a Veterans’ Administration facility, or other place, in connection with vocational rehabilitation or counseling, or for the purpose of examination, treatment, or care. In addition to such mileage allowance, the Administrator may allow reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. In his discretion, the Administrator may authorize or approve such payment and such reimbursement to the person who or the organization which has actually paid the expenses of such travel, including lodging and subsistence.

Sec. 3. Whenever a claimant or beneficiary requires an attendant other than an employee of the Veterans’ Administration for the performance of travel specified in Section 1 and 2 hereof, the travel expenses of such attendant may be allowed in the same manner and to the same extent that travel expenses are allowed to such claimant or beneficiary.

Sec. 4. Payment of the following expenses or allowances in connection with vocational rehabilitation, counseling, or upon termination of examination, treatment, or care, may be made before the completion of travel:

a. The mileage allowance and fare and tolls authorized by Section 2 hereof.

b. Actual local travel expenses.

c. The expense of hiring an automobile or ambulance, or the fee authorized for services of a non-employee attendant.

Sec. 5. The Administrator of Veterans’ Affairs may prescribe such rules and regulations not inconsistent herewith as may be necessary to effectuate the provisions of this order.

Sec. 6. Executive Order No. 11142 of February 12, 1964, is hereby superseded.