38 U.S.C. § 3902
1See Special Benefit Allowance Rates note below.
38 U.S.C. § 3902
EDITORIAL NOTES
AMENDMENTS2010-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 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. 95-479 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".
STATUTORY NOTES AND RELATED SUBSIDIARIES
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.
SPECIAL BENEFIT ALLOWANCE RATES For current VA special benefit allowance rates, see https://www.va.gov/disability/compensation-rates/special-benefit-allowance-rates/
COMPREHENSIVE POLICY FOR THE AUTOMOBILE ADAPTIVE EQUIPMENT PROGRAM Pub. L. 114-256, §3, Dec. 14, 2016, 130 Stat. 1345, provided that: "(a) COMPREHENSIVE POLICY.-The Secretary of Veterans Affairs shall develop a comprehensive policy regarding quality standards for providers who provide modification services to veterans under the automobile adaptive equipment program."(b) SCOPE.-The policy developed under subsection (a) shall cover each of the following:"(1) The Department of Veterans Affairs-wide management of the automobile adaptive equipment program."(2) The development of standards for safety and quality of equipment and installation of equipment through the automobile adaptive equipment program, including with respect to the defined differentiations in levels of modification complexity."(3) The consistent application of standards for safety and quality of both equipment and installation throughout the Department."(4) In accordance with subsection (c)(1), the certification of a provider by a manufacturer if the Secretary designates the quality standards of such manufacturer as meeting or exceeding the standards developed under this section."(5) In accordance with subsection (c)(2), the certification of a provider by a third party, nonprofit organization if the Secretary designates the quality standards of such organization as meeting or exceeding the standards developed under this section."(6) The education and training of personnel of the Department who administer the automobile adaptive equipment program. "(7) The compliance of the provider with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when furnishing automobile adaptive equipment at the facility of the provider."(8) The allowance, where technically appropriate, for veterans to receive modifications at their residence or location of choice, including standards that ensure such receipt and notification to veterans of the availability of such receipt."(c) CERTIFICATION OF MANUFACTURERS AND THIRD PARTY, NONPROFIT ORGANIZATIONS.-"(1) CERTIFICATION OF MANUFACTURERS.-The Secretary shall approve a manufacturer as a certifying manufacturer for purposes of subsection (b)(4), if the manufacturer demonstrates that its certification standards meet or exceed the quality standards developed under this section."(2) CERTIFICATION OF THIRD PARTY, NONPROFIT ORGANIZATIONS.-"(A) IN GENERAL.-The Secretary may approve two or more private, nonprofit organizations as third party, nonprofit certifying organizations for purposes of subsection (b)(5)."(B) LIMITATION.-If at any time there is only one third party, nonprofit certifying organization approved by the Secretary for purposes of subsection (b)(5), such organization shall not be permitted to provide certifications under such subsection until such time as the Secretary approves a second third party, nonprofit certifying organization for purposes of such subsection."(d) UPDATES.-"(1) INITIAL UPDATES.-Not later than 1 year after the date of the enactment of this Act [Dec. 14, 2016], the Secretary shall update Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, in accordance with the policy developed under subsection (a)."(2) SUBSEQUENT UPDATES.-Not less frequently than once every 6 years thereafter, the Secretary shall update such handbook, or any successor handbook or directive. "(e) CONSULTATION.-The Secretary shall develop the policy under subsection (a), and revise such policy under subsection (d), in consultation with veterans service organizations, the National Highway Transportation Administration, industry representatives, manufacturers of automobile adaptive equipment, and other entities with expertise in installing, repairing, replacing, or manufacturing mobility equipment or developing mobility accreditation standards for automobile adaptive equipment. "(f) CONFLICTS.-In developing and implementing the policy under subsection (a), the Secretary shall-"(1) minimize the possibility of conflicts of interest, to the extent practicable; and "(2) establish procedures that ensure against the use of a certifying organization referred to in subsection (b)(5) that has a financial conflict of interest regarding the certification of an eligible provider. "(g) BIENNIAL REPORT.-"(1) IN GENERAL.-Not later than 1 year after the date on which the Secretary updates Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, under subsection (d), and not less frequently than once every other year thereafter through 2022, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation and facility compliance with the policy developed under subsection (a)."(2) CONTENTS.-The report required by paragraph (1) shall include the following: "(A) A description of the implementation plan for the policy developed under subsection (a) and any revisions to such policy under subsection (d)."(B) A description of the performance measures used to determine the effectiveness of such policy in ensuring the safety of veterans enrolled in the automobile adaptive equipment program."(C) An assessment of safety issues due to improper installations based on a survey of recipients of adaptive equipment from the Department."(D) An assessment of the adequacy of the adaptive equipment services of the Department based on a survey of recipients of adaptive equipment from the Department."(E) An assessment of the training provided to the personnel of the Department with respect to administering the program."(F) An assessment of the certified providers of the Department of adaptive equipment with respect to meeting the minimum standards developed under subsection (b)(2)."(h) DEFINITIONS.-In this section:"(1) AUTOMOBILE ADAPTIVE EQUIPMENT PROGRAM.-The term 'automobile adaptive equipment program' means the program administered by the Secretary of Veterans Affairs pursuant to chapter 39 of title 38, United States Code."(2) VETERANS SERVICE ORGANIZATION.-The term 'veterans service organization' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code."
- adaptive equipment
- The term "adaptive equipment" includes, but is not limited to, power steering, power brakes, power window lifts, power seats, special equipment necessary to assist the eligible person into and out of the automobile or other conveyance, and nonarticulating trailers solely designed to transport powered wheelchairs, powered scooters, or other similar mobility devices. 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.
- eligible person
- The term "eligible person" means the following:(A) Any veteran entitled to compensation under chapter 11 of this title for any of the following disabilities, if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, air, or space 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.(iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary).(B) Any member of the Armed Forces serving on active duty who is suffering from any disability described in clause (i), (ii), (iii), or (iv) of subparagraph (A) if such disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, air, or space service.