§ 3902. — Assistance for providing automobile and adaptive equipment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3902]
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. 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 purchase price of
the automobile or other conveyance (including all State, local, and
other taxes) or $9,000, whichever is the lesser, to the seller from whom
the eligible person is purchasing 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 conveyance in a manner consistent with
such person's own safety and the safety of others and so as to satisfy
the applicable standards of licensure established by the State of such
person's residency or other proper licensing authority.
(2) In the case of any veteran (other that a person 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 regulations
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 standards of licensure
established by the State of such veteran's residency or other proper
licensing authority for the operation of such veteran's automobile or
other conveyance by such veteran, and (B) is determined to be necessary
by the Under Secretary for Health for the safe operation 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 automobile
or other conveyance acquired in accordance with the provisions of this
chapter, and (2) provide, repair, replace, or reinstall such adaptive
equipment for any automobile or other conveyance which an eligible
person may previously or subsequently have acquired.
(d) If an eligible person cannot qualify to operate an automobile or
other conveyance, the Secretary 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
operated for the eligible person by another person.
(Added Pub. L. 91-666, Sec. 2(a), Jan. 11, 1971, 84 Stat. 1999,
Sec. 1902; amended Pub. L. 93-538, Sec. 3, Dec. 22, 1974, 88 Stat. 1736;
Pub. L. 95-479, title III, Sec. 304, Oct. 18, 1978, 92 Stat. 1565; Pub.
L. 97-66, title III, Secs. 301-303, Oct. 17, 1981, 95 Stat. 1030; Pub.
L. 98-543, title III, Sec. 305(a), Oct. 24, 1984, 98 Stat. 2748; Pub. L.
100-322, title III, Sec. 302, May 20, 1988, 102 Stat. 534; renumbered
Sec. 3902 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-405, title III,
Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 105-178, title
VIII, Sec. 8205(a), June 9, 1998, 112 Stat. 494; Pub. L. 107-103, title
V, Sec. 503, Dec. 27, 2001, 115 Stat. 995.)
Amendments
2001--Subsec. (a). Pub. L. 107-103 substituted ``$9,000'' for
`$8,000''.
1998--Subsec. (a). Pub. L. 105-178 substituted ``$8,000'' for
``$5,500''.
1992--Subsec. (b)(2). Pub. L. 102-405 substituted ``Under Secretary
for Health'' for ``Chief Medical Director''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1902 of this
title as this section.
Subsecs. (a), (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
Subsec. (b)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3903''
for ``1903''.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator'' in two places.
Subsecs. (c), (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' wherever appearing.
1988--Subsec. (a). Pub. L. 100-322 substituted ``$5,500'' for
``$5,000''.
1984--Subsec. (a). Pub. L. 98-543 substituted ``$5,000'' for
``$4,400''.
1981--Subsec. (a). Pub. L. 97-66, Secs. 301, 303, substituted
``which the Administrator shall prescribe'' for ``which he shall
prescribe'' and ``$4,400'' for ``$3,800''.
Subsec. (b). Pub. L. 97-66, Secs. 302, 303, designated existing
provisions as par. (1), substituted ``which the Administrator shall
prescribe'' for ``which he shall prescribe'' and ``such person's'' for
``his'' in two places, and added par. (2).
Subsec. (c). Pub. L. 97-66, Sec. 303, substituted ``which the
Administrator shall prescribe'' for ``which he shall prescribe''.
1978--Subsec. (a). Pub. L. 95-479 substituted ``$3,800'' for
``$3,300''.
1974--Subsec. (a). Pub. L. 93-538, Sec. 3(1), (2), substituted
``automobile or other conveyance (including all State, local, and other
taxes) or $3,300'' for ``automobile or other conveyance or $2,800''.
Subsec. (c). Pub. L. 93-538, Sec. 3(3), substituted ``person may
previously or subsequently have acquired'' for ``person may subsequently
have acquired''.
Effective Date of 1998 Amendment
Pub. L. 105-178, title VIII, Sec. 8205(b), June 9, 1998, 112 Stat.
494, provided that: ``The amendment made by subsection (a) [amending
this section] shall apply with respect to assistance furnished under
section 3902 of such title on or after October 1, 1998.''
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-322 effective Apr. 1, 1988, see section 304
of Pub. L. 100-322, set out as a note under section 2102 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-543 effective Jan. 1, 1985, see section
305(c) of Pub. L. 98-543, set out as a note under section 3903 of this
title.
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 1978 Amendment
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Effective Date of 1974 Amendment
Amendment by section 3(1), (2) of Pub. L. 93-538 effective first day
of second calendar month following Dec. 22, 1974, and amendment by
section 3(3) of Pub. L. 93-538 effective Jan. 11, 1971, see section 6 of
Pub. L. 93-538, set out as a note under section 3901 of this title.
Section Referred to in Other Sections
This section is referred to in section 3903 of this title.
