38 U.S.C. § 3904 — Research and development

Page 950 TITLE 38—VETERANS’ BENEFITS § 3904 Subsec. (e)(3). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places. 1984—Subsec. (c). Pub. L. 98–543 designated existing provisions as par. (1), substituted ‘‘two automobiles or other conveyances at any one time or (except as pro- vided in paragraph (2) of this subsection) during any four-year period’’ for ‘‘one automobile or other convey- ance at any one time’’, and added par. (2). 1981—Subsec. (b). Pub. L. 97–66 substituted ‘‘the Ad- ministrator shall prescribe’’ for ‘‘he shall prescribe’’ and ‘‘such person’s’’ for ‘‘his’’ in two places. 1976—Subsec. (e)(1). Pub. L. 94–581, § 108(1), substituted ‘‘any veteran, eligible for care under chapter 17 of this title or member of the Armed Forces, who is deter- mined’’ for ‘‘any veteran or member of the Armed Forces, eligible for care under chapter 17 of this title, who is determined’’. Subsec. (e)(3). Pub. L. 94–581, § 108(2), added par. (3). 1974—Pub. L. 93–538, § 4(b), substituted ‘‘Limitations on assistance; special training courses’’ for ‘‘Limita- tions on assistance’’ in section catchline. Subsec. (e). Pub. L. 93–538, § 4(a), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–154 effective on the date that is one year after Aug. 6, 2012, see section 701(g) of Pub. L. 112–154, set out as an Effective Date note under section 2109 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–543, title III, § 305(c), Oct. 24, 1984, 98 Stat. 2748, provided that: ‘‘(1) The amendments made by this section [amending this section and section 1902 [now 3902] of this title] shall take effect on January 1, 1985. ‘‘(2) In the case of a person who during the four-year period ending on December 31, 1984, was provided adapt- ive equipment under chapter 39 of title 38, United States Code, for an automobile or other conveyance and who has such automobile or other conveyance available for use on the date of the enactment of this Act [Oct. 24, 1984], the first four-year period applicable to such person under subsection (c) of section 1903 [now 3903] of such title (as amended by subsection (a)) shall begin on the most recent date before January 1, 1985, on which such person was provided such equipment.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97–66, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–538 effective first day of second calendar month following Dec. 22, 1974, see sec- tion 6 of Pub. L. 93–538, set out as a note under section 3901 of this title. § 3904. Research and development (a) In carrying out medical and prosthetic re- search under section 7303 of this title, the Sec- retary, through the Under Secretary for Health, shall provide for special emphasis on the re- search and development of adaptive equipment and adapted conveyances (including vans) meet- ing standards of safety and quality prescribed under subsection (d) of section 3903, including support for the production and distribution of devices and conveyances so developed. (b) In carrying out subsection (a) of this sec- tion, the Secretary, through the Under Sec- retary for Health, shall consult and cooperate with the Secretary of Health and Human Serv- ices and the Secretary of Education, in connec- tion with programs carried out under section 204(b)(3) of the Rehabilitation Act of 1973 (relat- ing to the establishment and support of Reha- bilitation Engineering Research Centers). (Added Pub. L. 93–538, § 5(a), Dec. 22, 1974, 88 Stat. 1737, § 1904; amended Pub. L. 94–581, title II, § 205(b)(2), (3), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 95–602, title I, § 122(f), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 97–295, § 4(69), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 102–40, title IV, § 403(b)(1), May 7, 1991, 105 Stat. 239; renumbered § 3904 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 105–220, title IV, § 414(c), Aug. 7, 1998, 112 Stat. 1242.) Editorial Notes REFERENCES IN TEXT Section 204(b)(3) of the Rehabilitation Act of 1973, re- ferred to in subsec. (b), is classified to section 764(b)(3) of Title 29, Labor. PRIOR PROVISIONS Prior sections 4001 to 4005 were renumbered sections 7101 to 7105 of this title, respectively. Another prior section 4005, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, related to applications for review on appeal, prior to repeal by Pub. L. 87–666. Prior section 4006 was renumbered section 7106 of this title. Another prior section 4006 was renumbered section 4007 of this title. Prior section 4007 was renumbered section 7107 of this title. Another prior section 4007, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1242, related to simultaneously contested claims, prior to repeal by Pub. L. 87–666. See section 7105A of this title. Prior sections 4008 to 4010, 4051 to 4056, 4061 to 4069, 4081 to 4085, 4091, 4092, and 4096 to 4098 were renumbered sections 7108 to 7110, 7251 to 7256, 7261 to 7269, 7281 to 7285, 7291, 7292, and 7296 to 7298 of this title, respec- tively. AMENDMENTS 1998—Subsec. (b). Pub. L. 105–220 substituted ‘‘section 204(b)(3) of the Rehabilitation Act of 1973’’ for ‘‘section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))’’. 1992—Subsecs. (a), (b). Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Direc- tor’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1904 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3903’’ for ‘‘1903’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Pub. L. 102–40 substituted ‘‘section 7303’’ for ‘‘section 4101’’. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ before ‘‘through’’. 1982—Subsec. (b). Pub. L. 97–295 substituted ‘‘Health and Human Services and the Secretary of Education’’ for ‘‘Health, Education, and Welfare and the Commis- sioner of the Rehabilitation Services Administration, Page 951 TITLE 38—VETERANS’ BENEFITS § 3904 Department of Health, Education, and Welfare’’, and ‘‘section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))’’ for ‘‘section 3(b) of the Rehabilitation Act of 1973 (Public Law 93–112; 87 Stat. 357) (relating to the development and support, and the stimulation of the development and utilization, including production and distribution of new and existing devices, of innova- tive methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems), and sec- tion 204(b)(2) of such Act’’. 1978—Subsec. (b). Pub. L. 95–602 substituted ‘‘and sec- tion 204(b)(2) of such Act’’ for ‘‘section 202(b)(2) of such Act’’ and struck out ‘‘, and section 405 of such Act (re- lating to the Secretarial responsibilities for planning, analysis, promoting utilization of scientific advances, and information clearinghouse activities)’’ after ‘‘Re- search Centers)’’. 1976—Pub. L. 94–581, § 205(b)(2), struck out ‘‘; coordination with other Federal programs’’ in sec- tion catchline. Subsec. (a). Pub. L. 94–581, § 205(b)(3), substituted ‘‘medical and prosthetic research’’ for ‘‘prosthetic and orthopedic appliance research under section 216 and medical research’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title. EFFECTIVE DATE Section effective first day of second calendar month following Dec. 22, 1974, see section 6 of Pub. L. 93–538, set out as an Effective Date of 1974 Amendment note under section 3901 of this title. CHAPTER 41—JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS Sec. 4100. Findings. 4101. Definitions. 4102. Purpose. 4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; program func- tions; Regional Administrators. 4103. Directors and Assistant Directors for Vet- erans’ Employment and Training; addi- tional Federal personnel. 4103A. Disabled veterans’ outreach program. 4104. Local veterans’ employment representatives. 4104A. Collaborative veterans’ training, mentoring, and placement program. 4105. Cooperation of Federal agencies. 4106. Estimate of funds for administration; author- ization of appropriations. 4107. Administrative controls; annual report. 4108. Cooperation and coordination. 4109. National Veterans’ Employment and Training Services Institute. 4110. Advisory Committee on Veterans Employ- ment, Training, and Employer Outreach. 4110A. Special unemployment study. 4110B. Coordination and nonduplication. [4111. Repealed.] 4112. Performance incentive awards for quality em- ployment, training, and placement services. 4113. Transition Assistance Program personnel. 4114. Credentialing and licensure of veterans: dem- onstration project. 4115. Longitudinal study of job counseling, train- ing, and placement service for veterans. Editorial Notes AMENDMENTS 2016—Pub. L. 114–315, title V, § 502(b), Dec. 16, 2016, 130 Stat. 1568, added item 4115. 2011—Pub. L. 112–56, title II, §§ 223(a)(2), 234(c), Nov. 21, 2011, 125 Stat. 718, 722, added item 4104A and substituted ‘‘Transition Assistance Program personnel’’ for ‘‘Outstationing of Transition Assistance Program per- sonnel’’ in item 4113. 2006—Pub. L. 109–461, title VI, § 604(a)(2), Dec. 22, 2006, 120 Stat. 3439, added item 4114. Pub. L. 109–233, title II, § 202(a)(3), June 15, 2006, 120 Stat. 403, substituted ‘‘Advisory Committee on Vet- erans Employment, Training, and Employer Outreach’’ for ‘‘Advisory Committee on Veterans Employment and Training’’ in item 4110. 2003—Pub. L. 108–183, title III, § 309(a)(2), Dec. 16, 2003, 117 Stat. 2663, added item 4113. 2002—Pub. L. 107–288, §§ 3(b), 4(a)(2), (3)(A)(ii), Nov. 7, 2002, 116 Stat. 2038, 2042, substituted ‘‘Assistant Sec- retary of Labor for Veterans’ Employment and Train- ing; program functions; Regional Administrators’’ for ‘‘Assistant Secretary of Labor for Veterans’ Employ- ment and Training; Regional Administrators’’ in item 4102A and ‘‘Directors and Assistant Directors for Vet- erans’ Employment and Training; additional Federal personnel’’ for ‘‘Directors and Assistant Directors for Veterans’ Employment and Training’’ in item 4103, struck out item 4104A ‘‘Performance of disabled vet- erans’ outreach program specialists and local veterans’ employment representatives’’, and added item 4112. 2001—Pub. L. 107–95, § 5(g)(3), Dec. 21, 2001, 115 Stat. 919, struck out item 4111 ‘‘Homeless veterans’ re- integration programs’’. 2000—Pub. L. 106–419, title IV, § 404(a)(8), Nov. 1, 2000, 114 Stat. 1865, added item 4110B. 1999—Pub. L. 106–117, title IX, § 901(b), Nov. 30, 1999, 113 Stat. 1587, added item 4111. 1991—Pub. L. 102–83, § 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 2000 to 2010A as 4100 to 4110A, respec- tively. Pub. L. 102–16, § 8(b), Mar. 22, 1991, 105 Stat. 53, sub- stituted ‘‘Advisory Committee on Veterans Employ- ment and Training’’ for ‘‘Secretary of Labor’s Com- mittee on Veterans’ Employment’’ in item 2010. 1988—Pub. L. 100–323, §§ 2(e)(3)(B), 3(c), 4(b), 6(b)(2)(B), 8(b), 9(b), 15(c)(3)(B), May 20, 1988, 102 Stat. 559, 562–564, 566, 574, inserted ‘‘and Training; Regional Administra- tors’’ after ‘‘for Veterans’ Employment’’ in item 2002A, substituted ‘‘Directors and Assistant Directors for Vet- erans’ Employment and Training’’ for ‘‘State and As- sistant State Directors for Veterans’ Employment’’ in item 2003, substituted ‘‘Local veterans’ employment representatives’’ for ‘‘Employees of local offices’’ in item 2004, added item 2004A, struck out ‘‘with the Vet- erans’ Administration’’ after ‘‘Cooperation and coordi- nation’’ in item 2008, substituted ‘‘National Veterans’ Employment and Training Services Institute’’ for ‘‘Na- tional veterans’ employment and training programs’’ in item 2009, and added item 2010A. 1982—Pub. L. 97–306, title III, §§ 301(b)(1), 304(a)(2), 308(b), Oct. 14, 1982, 96 Stat. 1437, 1438, 1441, added item 2000, substituted ‘‘State and Assistant State Directors for Veterans’ Employment’’ for ‘‘Assignment of vet- erans’ employment representative’’ in item 2003 and added items 2009 and 2010. 1980—Pub. L. 96–466, title V, §§ 504(a)(1), 506(b), Oct. 17, 1980, 94 Stat. 2203, 2205, struck out ‘‘Deputy’’ before ‘‘Assistant Secretary’’ in item 2002A and added item 2003A. 1976—Pub. L. 94–502, title VI, § 601(b)(2), Oct. 15, 1976, 90 Stat. 2404, added item 2002A. 1972—Pub. L. 92–540, title V, § 502(a), Oct. 24, 1972, 86 Stat. 1094, in chapter heading substituted ‘‘, TRAINING AND’’ for ‘‘AND EMPLOYMENT’’, redesignated former items 2001 to 2005 as items 2002 to 2006, and added items 2001, 2007, and 2008, and in redesignated item 2006 ‘‘au- thorization of appropriations’’. 1966—Pub. L. 89–358, § 6(a), Mar. 3, 1966, 80 Stat. 27, substituted ‘‘JOB COUNSELING AND EMPLOYMENT PLACEMENT SERVICE FOR VETERANS’’ for ‘‘UNEM- PLOYMENT BENEFITS FOR VETERANS’’ in chapter heading. 1962—Pub. L. 87–675, § 1(b), (d), Sept. 19, 1962, 76 Stat. 558, 559, substituted ‘‘Purpose’’ for ‘‘Compensation for