38-U.S.C.-3902
§3902 – Assistance For Providing Automobile and Adaptive Equipment
Pathway
Title 38 > Part III > Chapter 39 > Section 3902
Details
- Reference: Section 3902
- Legend: §3902 – Assistance For Providing Automobile and Adaptive Equipment
- USCode Year: 2013
Provision Content
(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 $18,900 (as adjusted from time to time under subsection (e)), 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 persons own safety and the safety of others and so as to satisfy the applicable standards of licensure established by the State of such persons 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 veterans residency or other proper licensing authority for the operation of such veterans 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.
(e) Effective on October 1 of each year (beginning 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 consumers (U.S. city average) increased during the 12-month period ending with the last month for which Consumer Price Index data is available. In the event that such Consumer Price Index does not increase during such period, the Secretary shall maintain the dollar amount in effect under subsection (a) during the previous fiscal year.
(Added Pub. L. 91–666, §2(a), Jan. 11, 1971, 84 Stat. 1999, §1902; amended Pub. L. 93–538, §3, Dec. 22, 1974, 88 Stat. 1736; Pub. L. 95–479, title III, §304, Oct. 18, 1978, 92 Stat. 1565; Pub. L. 97–66, title III, §§301–303, Oct. 17, 1981, 95 Stat. 1030; Pub. L. 98–543, title III, §305(a), Oct. 24, 1984, 98 Stat. 2748; Pub. L. 100–322, title III, §302, May 20, 1988, 102 Stat. 534; renumbered §3902 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. 105–178, title VIII, §8205(a), June 9, 1998, 112 Stat. 494; Pub. L. 107–103, title V, §503, Dec. 27, 2001, 115 Stat. 995; Pub. L. 108–183, title IV, §402(b), Dec. 16, 2003, 117 Stat. 2664; Pub. L. 111–275, title VIII, §804(a), (b), Oct. 13, 2010, 124 Stat. 2889.)
Amendments
2010—Subsec. (a). Pub. L. 111–275, §804(a), substituted $18,900 (as adjusted from time to time under subsection (e)) for $11,000.
Subsec. (e). Pub. L. 111–275, §804(b), added subsec. (e).
2003—Subsec. (a). Pub. L. 108–183 substituted $11,000 for $9,000.
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, §5(a), renumbered section 1902 of this title as this section.
Subsecs. (a), (b)(1). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator wherever appearing.
Subsec. (b)(2). Pub. L. 102–83, §5(c)(1), substituted 3903 for 1903.
Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.
Subsecs. (c), (d). Pub. L. 102–83, §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, §§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, §§302, 303, designated existing provisions as par. (1), substituted which the Administrator shall prescribe for which he shall prescribe and such persons for his in two places, and added par. (2).
Subsec. (c). Pub. L. 97–66, §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, §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, §3(3), substituted person may previously or subsequently have acquired for person may subsequently have acquired.
Effective Date of 2010 Amendment
Pub. L. 111–275, title VIII, §804(c), Oct. 13, 2010, 124 Stat. 2890, provided that: The amendments made by this section [amending this section] shall take effect on October 1, 2011.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–183 applicable with respect to assistance furnished on or after Dec. 16, 2003, see section 402(c) of Pub. L. 108–183, set out as a note under section 2102 of this title.
Effective Date of 1998 Amendment
Pub. L. 105–178, title VIII, §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.
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