Pub. L. 100-322, tit. I, pt. A, sec. 108
BENEFICIARY TRAVEL PROGRAM.
SEC. 108. BENEFICIARY TRAVEL PROGRAM. (a) Program Revisions.— Section 111 is amended— (1) by redesignating subsections (b), (c), (d), and (e) as subsections (d), (e), (f), and (g), respectively; and (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. 102 STAT. 497 “(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 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 102 STAT. 498may have been increased or decreased pursuant to this paragraph before such date.”. (b) Volunteer Transportation.— (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.”. (2) Not later than six months after the date of the enactment of this Act, the Administrator shall submit to the Committees on Veteran’ Affairs of the Senate and the House of Representatives a report on the implementation of subsection (h) of section 111 of title 38, United States Code, as added by paragraph (1), (c) Conforming Amendments.— Paragraph (4) of subsection (g) of such section (as redesignated by subsection (a)(1)) is amended— (1) by inserting “or adjusting amounts” after “rates” the first place it appears; and (2) by inserting “and amounts” after “rates” the third place it appears. (d) Stylistic Amendments.— Subsection (d) of such section (as redesignated by subsection (a)(1)) is amended— (1) in paragraph (1)— (A) by striking out “the” and inserting in lieu thereof “The”; and (B) by striking out “hereof;” and inserting in lieu thereof “of this section ”; (2) in paragraph (2)— (A) by striking out “actual” and inserting in lieu thereof “Actual”; and (B) by striking out the semicolon at the end and inserting in lieu thereof a period; and (3) in paragraph (3), by striking out “the expense” and inserting in lieu thereof “The expense”. (e) Clerical Amendments.— (1) The heading of section 111 is amended to read as follows: “§ 111 . Payments or allowances for beneficiary travel”. (2) The item relating to such section in the table of sections at the beginning of chapter 1 is amended to read as follows: “111.Payments or allowances for beneficiary travel.”. (f) Transition Provision.— 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 fiscal year 1988 the Administrator has exercised the authority 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. 102 STAT. 499 (g) Effective Date.— The amendments made by subsection (a) shall take effect with respect to travel performed after June 30, 1988.