38 USC § 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 $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 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) ofsection 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.

(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.

Source

(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. 108–183substituted “$11,000” for “$9,000”.

2001—Subsec. (a). Pub. L. 107–103substituted “$9,000” for ‘$8,000”.

1998—Subsec. (a). Pub. L. 105–178substituted “$8,000” for “$5,500”.

1992—Subsec. (b)(2). Pub. L. 102–405substituted “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. 100–322substituted “$5,500” for “$5,000”.

1984—Subsec. (a). Pub. L. 98–543substituted “$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 person’s” 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. 95–479substituted “$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. 108–183applicable with respect to assistance furnished on or after Dec. 16, 2003, see section 402(c) ofPub. 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. 100–322effective Apr. 1, 1988, see section 304 ofPub. L. 100–322, set out as a note under section 2102 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–543effective Jan. 1, 1985, see section 305(c) ofPub. L. 98–543, set out as a note under section 3903 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–66effective Oct. 1, 1981, see section 701(a) ofPub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–479effective Oct. 1, 1978, see section 401(a) ofPub. 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) ofPub. L. 93–538effective first day of second calendar month following Dec. 22, 1974, and amendment by section 3(3) ofPub. L. 93–538effective Jan. 11, 1971, see section 6 ofPub. L. 93–538, set out as a note under section 3901 of this title.