§ 3901. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3901]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 39--AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED
VETERANS AND MEMBERS OF THE ARMED FORCES
Sec. 3901. Definitions
For purposes of this chapter--
(1) The term ``eligible person'' means--
(A) any veteran entitled to compensation under chapter 11 of
this title for any of the disabilities described in subclause (i),
(ii), or (iii) below, if the disability is the result of an injury
incurred or disease contracted in or aggravated by active military,
naval, or air 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 visual 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; or
(B) any member of the Armed Forces serving on active duty who is
suffering from any disability described in subclause (i), (ii), or
(iii) of clause (A) of this paragraph if such disability is the
result of an injury incurred or disease contracted in or aggravated
by active military, naval, or air service.
(2) The term ``adaptive equipment'' includes, but is not limited to,
power steering, power brakes, power window lifts, power seats, and
special equipment necessary to assist the eligible person into and out
of the automobile or other conveyance. 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 automobile 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 modification of the size of the interior space of the
automobile 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, Sec. 2(a), Jan. 11, 1971, 84 Stat. 1998,
Sec. 1901; amended Pub. L. 93-538, Sec. 2, Dec. 22, 1974, 88 Stat. 1736;
Pub. L. 94-433, title III, Sec. 303, Sept. 30, 1976, 90 Stat. 1377; Pub.
L. 95-116, Sec. 1(a), Oct. 3, 1977, 91 Stat. 1062; renumbered Sec. 3901,
Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)
Amendments
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, Sec. 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, Sec. 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 disease was
contracted in line of duty as a direct result of the performance of
military duty.''
Par. (1)(B). Pub. L. 93-538, Sec. 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, Sec. 2(2), substituted definition of
``adaptive equipment'' for definition of ``World War II''.
Effective Date of 1977 Amendment
Section 1(b) of Pub. L. 95-116 provided that: ``The amendment made
by subsection (a) of this section [amending this section] shall become
effective 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
Section 6 of Pub. L. 93-538 provided that: ``The provisions of this
Act [enacting section 1904 [now 3904] of this title, amending this
section and sections 1902 and 1903 [now 3902 and 3903] of this title,
and enacting provisions set out as a note under this section] shall
become effective on the first day of the second 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 Veterans' 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.
