38 U.S.C. § 3901 — Definitions

Page 945 TITLE 38—VETERANS’ BENEFITS § 3901 Par. (5). Pub. L. 109–233, § 104(b), added par. (5). [SUBCHAPTER VI—TRANSFERRED] Editorial Notes CODIFICATION Former subchapter VI of this chapter, other than sec- tion 3771, was transferred to subchapter VI of chapter 20 of this title and inserted after section 2043 of this title, and sections 3772 to 3775 were renumbered sections 2051 to 2054 of this title, respectively, by Pub. L. 107–95, § 5(d)(1), Dec. 21, 2001, 115 Stat. 918. [§ 3771. Repealed. Pub. L. 107–95, § 5(d)(3), Dec. 21, 2001, 115 Stat. 918] Section, added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3342; amended Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, defined terms ‘‘veteran’’, ‘‘home- less veteran’’, and ‘‘homeless individual’’, for purposes of this subchapter. [§§ 3772 to 3775. Renumbered §§ 2051 to 2054] CHAPTER 39—AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VET- ERANS AND MEMBERS OF THE ARMED FORCES Sec. 3901. Definitions. 3902. Assistance for providing automobile and adaptive equipment. 3903. Limitations on assistance; special training courses. 3904. Research and development. Editorial Notes CODIFICATION This chapter as added by Pub. L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 1998, constitutes a general revision of the provisions of a prior chapter 39, as enacted by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1215, and amended there- after. The analysis in the original consisted of the fol- lowing provisions: ‘‘Automobiles For Disabled Veterans’’ in the chapter heading. ‘‘Veterans eligible for assistance’’ in item 1901. ‘‘Limitation on types of assistance furnished and vet- erans otherwise entitled’’ in item 1902. ‘‘Limitation on amounts paid by United States’’ in item 1903. ‘‘Prohibition against duplication of benefits’’ in item 1904. ‘‘Applications’’ in item 1905. AMENDMENTS 1991—Pub. L. 102–83, § 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 1901 to 1904 as 3901 to 3904, respec- tively. 1976—Pub. L. 94–581, title II, § 205(b)(1), Oct. 21, 1976, 90 Stat. 2858, struck out ‘‘; coordination with other Fed- eral programs’’ in item 1904. 1974—Pub. L. 93–538, §§ 4(c), 5(b), Dec. 22, 1974, 88 Stat. 1737, inserted ‘‘; special training courses’’ in item 1903, and added item 1904. § 3901. Definitions For purposes of this chapter: (1) The term ‘‘eligible person’’ means the fol- lowing: (A) Any veteran entitled to compensation under chapter 11 of this title for any of the fol- lowing disabilities, if the disability is the re- sult of an injury incurred or disease con- tracted in or aggravated by active military, naval, air, or space service: (i) The loss or permanent loss of use of one or both feet. (ii) The loss or permanent loss of use of one or both hands. (iii) The permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central vis- ual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye. (iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary). (B) Any member of the Armed Forces serv- ing on active duty who is suffering from any disability described in clause (i), (ii), (iii), or (iv) of subparagraph (A) if such disability is the result of an injury incurred or disease con- tracted in or aggravated by active military, naval, air, or space service. (2) The term ‘‘adaptive equipment’’ includes, but is not limited to, power steering, power brakes, power window lifts, power seats, special equipment necessary to assist the eligible per- son into and out of the automobile or other con- veyance, and nonarticulating trailers solely de- signed to transport powered wheelchairs, pow- ered scooters, or other similar mobility devices. Such term also includes (A) air-conditioning equipment when such equipment is necessary to the health and safety of the veteran and to the safety of others, regardless of whether the auto- mobile or other conveyance is to be operated by the eligible person or is to be operated for such person by another person; and (B) any modifica- tion of the size of the interior space of the auto- mobile or other conveyance if needed because of the physical condition of such person in order for such person to enter or operate the vehicle. (Added Pub. L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 1998, § 1901; amended Pub. L. 93–538, § 2, Dec. 22, 1974, 88 Stat. 1736; Pub. L. 94–433, title III, § 303, Sept. 30, 1976, 90 Stat. 1377; Pub. L. 95–116, § 1(a), Oct. 3, 1977, 91 Stat. 1062; renumbered § 3901, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 111–275, title VIII, § 803(a), (b), Oct. 13, 2010, 124 Stat. 2889; Pub. L. 116–283, div. A, title IX, § 926(a)(50), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 117–333, § 20, Jan. 5, 2023, 136 Stat. 6138.) Editorial Notes AMENDMENTS 2023—Par. (2). Pub. L. 117–333 substituted ‘‘special’’ for ‘‘and special’’ and ‘‘conveyance, and nonarticu- lating trailers solely designed to transport powered wheelchairs, powered scooters, or other similar mobil- ity devices.’’ for ‘‘conveyance.’’ 2021—Par. (1). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’ in subpars. (A) and (B). 2010—Pub. L. 111–275, § 803(b)(1), substituted ‘‘chap- ter:’’ for ‘‘chapter—’’ in introductory provisions. Par. (1). Pub. L. 111–275, § 803(b)(2)(A), substituted ‘‘means the following:’’ for ‘‘means—’’ in introductory provisions. Page 946 TITLE 38—VETERANS’ BENEFITS § 3902 1 See Special Benefit Allowance Rates note below. Par. (1)(A). Pub. L. 111–275, § 803(a)(1)(A), (b)(2)(B)(i), in introductory provisions, substituted ‘‘Any veteran’’ for ‘‘any veteran’’ and ‘‘the following disabilities’’ for ‘‘the disabilities described in subclause (i), (ii), or (iii) below’’. Par. (1)(A)(i), (ii). Pub. L. 111–275, § 803(b)(2)(B)(ii), substituted period for semicolon at end. Par. (1)(A)(iii). Pub. L. 111–275, § 803(b)(2)(B)(iii), sub- stituted period for ‘‘; or’’ at end. Par. (1)(A)(iv). Pub. L. 111–275, § 803(a)(1)(B), added cl. (iv). Par. (1)(B). Pub. L. 111–275, § 803(a)(2), (b)(2)(C), sub- stituted ‘‘Any member’’ for ‘‘any member’’ and ‘‘clause (i), (ii), (iii), or (iv) of subparagraph (A)’’ for ‘‘subclause (i), (ii), or (iii) of clause (A) of this paragraph’’. 1991—Pub. L. 102–83 renumbered section 1901 of this title as this section. 1977—Par. (1). Pub. L. 95–116 struck out ‘‘on or after September 16, 1940’’ after ‘‘or air service’’ in cls. (A) and (B). 1976—Par. (1). Pub. L. 94–433, § 303(1), (2), substituted ‘‘on or after September 16, 1940’’ for ‘‘during World War II or thereafter’’ in cls. (A) and (B). 1974—Par. (1)(A). Pub. L. 93–538, § 2(1), substituted ‘‘World War II or thereafter’’ for ‘‘World War II, or the Korean conflict; or if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service performed after January 31, 1955, and the injury was incurred or the dis- ease was contracted in line of duty as a direct result of the performance of military duty.’’ Par. (1)(B). Pub. L. 93–538, § 2(2), substituted ‘‘World War II or thereafter’’ for ‘‘World War II, the Korean conflict, or the Vietnam era; or if such disability is the result of an injury incurred or disease contracted in or aggravated by any other active military, naval, or air service performed after January 31, 1955, and the injury was incurred or the disease was contracted in line of duty as a direct result of the performance of military duty.’’ Par. (2). Pub. L. 93–538, § 2(2), substituted definition of ‘‘adaptive equipment’’ for definition of ‘‘World War II’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–275, title VIII, § 803(c), Oct. 13, 2010, 124 Stat. 2889, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on October 1, 2011.’’ EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–116, § 1(b), Oct. 3, 1977, 91 Stat. 1062, pro- vided that: ‘‘The amendment made by subsection (a) of this section [amending this section] shall become effec- tive October 1, 1977.’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–538, § 6, Dec. 22, 1974, 88 Stat. 1737, provided that: ‘‘The provisions of this Act [enacting section 1904 [now 3904] of this title, amending this section and sec- tions 1902 and 1903 [now 3902 and 3903] of this title, and enacting provisions set out as a note under this sec- tion] shall become effective on the first day of the sec- ond calendar month following the date of enactment [Dec. 22, 1974], except that clause (3) of section 3 [amending section 1902 [now 3902] of this title] shall take effect on January 11, 1971.’’ SHORT TITLE For short title of Pub. L. 91–666, Jan. 11, 1971, 84 Stat. 1998, which enacted this chapter, as the ‘‘Disabled Vet- erans’ and Servicemen’s Automobile Assistance Act of 1970’’, see section 1 of Pub. L. 91–666, set out as a Short Title of 1971 Amendment note under section 101 of this title. § 3902. Assistance for providing automobile and adaptive equipment (a) The Secretary, under regulations which the Secretary shall prescribe, shall provide or assist in providing an automobile or other conveyance to each eligible person by paying the total pur- chase price of the automobile or other convey- ance (including all State, local, and other taxes) or $18,900 (as adjusted from time to time under subsection (e)),1 whichever is the lesser, to the seller from whom the eligible person is pur- chasing under a sales agreement between the seller and the eligible person. (b)(1) The Secretary, under regulations which the Secretary shall prescribe, shall provide each eligible person the adaptive equipment deemed necessary to insure that the eligible person will be able to operate the automobile or other con- veyance in a manner consistent with such per- son’s own safety and the safety of others and so as to satisfy the applicable standards of licen- sure established by the State of such person’s residency or other proper licensing authority. (2) In the case of any veteran (other that a per- son eligible for assistance under paragraph (1) of this subsection) who is entitled to compensation for ankylosis of one or both knees, or one or both hips, the Secretary, under the terms and conditions set forth in subsections (a), (c), and (d) of section 3903 of this title and under regula- tions which the Secretary shall prescribe, shall provide such adaptive equipment to overcome the disability resulting from such ankylosis as (A) is necessary to meet the applicable stand- ards of licensure established by the State of such veteran’s residency or other proper licens- ing authority for the operation of such veteran’s automobile or other conveyance by such vet- eran, and (B) is determined to be necessary by the Under Secretary for Health for the safe oper- ation of such automobile or other conveyance by such veteran. (c) In accordance with regulations which the Secretary shall prescribe, the Secretary shall (1) repair, replace, or reinstall adaptive equipment deemed necessary for the operation of an auto- mobile or other conveyance acquired in accord- ance with the provisions of this chapter, and (2) provide, repair, replace, or reinstall such adapt- ive equipment for any automobile or other con- veyance which an eligible person may previously or subsequently have acquired. (d) If an eligible person cannot qualify to oper- ate an automobile or other conveyance, the Sec- retary shall provide or assist in providing an automobile or other conveyance to such person, as provided in subsection (a) of this section, if the automobile or other conveyance is to be op- erated for the eligible person by another person. (e) Effective on October 1 of each year (begin- ning in 2011), the Secretary shall increase the dollar amount in effect under subsection (a) by a percentage equal to the percentage by which the Consumer Price Index for all urban con- sumers (U.S. city average) increased during the