Pub. L. 94-581, tit. I, sec. 101

Sec. 101. Section 111 of title 38, United States Code, is amended by— (1) inserting in subsection (a) “pursuant to the provisions of this section” after “President”; and (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: 90 STAT. 2843 “(A) (i) Depreciation of original vehicle costs; “(ii) gasoline and oil costs; “(iii) maintenance, accessories, parts, and tire costs; “(iv) insurance costs; and “(v) State and Federal taxes. “(B) The availability of and time required for public transportation. “(C) The per diem rates, mileage allowances, and expenses of travel authorized under sections 5702 and 5704 of title 5 for employees of the United States. “(4) Before determining rates 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.”.