§ 3901. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1971

   Disabled Veterans’ and Servicemen’s Automobile Assistance Act of 1970

   Pub. L. 91–666 § 2(a) · 84 Stat. 1998

   Enacted · 38 U.S.C. § 3901

   Added Pub. L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 1998, § 1901

   Source evidence

   Code source credit
   Added Pub. L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 1998, § 1901

   Enacted provision · exact public law section
   (a) Chapter 39 of title 38, United States Code, is amended to read as follows: “Chapter 39.— AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES “Sec. “1001. Definitions. “1002. Assistance for providing automobile and adaptive equipment. “1003. Limitations on assistance. “§ 1901. 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 during 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: “(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 during 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. “(2) The term ‘World War II’ includes, in the case of any eligible person, any period of continuous service performed by him after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1917. “§ 1902. Assistance for providing automobile and adaptive equipment “(a) The Administrator, under regulations which he 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 auto-mobile or other conveyance or $2,800, 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) The Administrator, under regulations which he shall prescribe, shall provide each eligible person the adaptive equipment deemed necessary to insure that the eligible person will be aide to operate the automobile or other conveyance in a manner consistent with his own safety and the safety of other’s and so as to satisfy the applicable standards of licensure established by the State of his residency or other proper licensing authority. “(c) In accordance with regulations which he shall prescribe, the Administrator 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 subsequently have acquired. “(d) If an eligible person cannot qualify to operate an automobile or other conveyance, the Administrator 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. “§ 1903. Limitations on assistance “(a) No eligible person shall be entitled to receive more than one automobile or other conveyance under the provisions of this chapter, and no payment, shall be made under this chapter for the repair, maintenance, or replacement of an automobile or other conveyance. “(b) Except as provided in subsection (d) of section 1902 of this title, no eligible person shall be provided an automobile or other conveyance under this chapter until it is established to the satisfaction of the Administrator, in accordance with regulations he shall prescribe, that the eligible person will be able to operate the automobile or other conveyance in a manner consistent with his own safety and the safety of others and will satisfy the applicable standards of licensure to operate the automobile or other conveyance established by the State of his residency or other proper licensing authority. “(c) An eligible person shall not be entitled to adaptive equipment under this chapter for more than one automobile or other conveyance at any one time. “(d) Adaptive equipment shall not be provided under this chapter unless it conforms to minimum standards of safety and quality prescribed by the Administrator.”

2. 1974

   Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974

   Pub. L. 93–538 § 2(1) · 88 Stat. 1736

   Substituted · 38 U.S.C. § 3901(1)(A)

   Pub. L. 93–538, § 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.”

   Source evidence

   Code amendment note
   Par. (1)(A). Pub. L. 93–538, § 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.”

   Enacted provision · exact public law section
   (1) by striking out in paragraph (1) all of that part of clause (A) beginning with “World War II,” down through the end of such clause, and inserting in lieu thereof “World War II or thereafter:”;

3. 1974

   Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974

   Pub. L. 93–538 § 2(2) · 88 Stat. 1736

   Substituted · 38 U.S.C. § 3901(1)(B)

   Pub. L. 93–538, § 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.”

   Source evidence

   Code amendment note
   Par. (1)(B). Pub. L. 93–538, § 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.”

   Enacted provision · exact public law section
   (2) by striking out in paragraph (1) all of that part of clause (B) beginning with “World War II,” down through the end of such clause, and inserting in lieu thereof “World War II or thereafter.”; and

4. 1974

   Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974

   Pub. L. 93–538 § 2(2) · 88 Stat. 1736

   Substituted · 38 U.S.C. § 3901(2)

   Pub. L. 93–538, § 2(2), substituted definition of “adaptive equipment” for definition of “World War II”

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 93–538, § 2(2), substituted definition of “adaptive equipment” for definition of “World War II”.

   Enacted provision · exact public law section
   (2) by striking out in paragraph (1) all of that part of clause (B) beginning with “World War II,” down through the end of such clause, and inserting in lieu thereof “World War II or thereafter.”; and

5. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 § 303(1) · 90 Stat. 1374

   Substituted · 38 U.S.C. § 3901(1)

   Pub. L. 94–433, § 303(1), (2), substituted “on or after September 16, 1940” for “during World War II or thereafter” in cls. (A) and (B)

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 94–433, § 303(1), (2), substituted “on or after September 16, 1940” for “during World War II or thereafter” in cls. (A) and (B).

   Enacted provision · exact public law section
   (1) by striking out in paragraph (1) before the colon at the end of clause (A) “during World War II or thereafter” and inserting in lieu thereof “on or after September 16, 1940”; and

6. 1977

   Pub. L. 95–116 § 1(a) · 91 Stat. 1062

   Struck · 38 U.S.C. § 3901(1)

   Pub. L. 95–116 struck out “on or after September 16, 1940” after “or air service” in cls. (A) and (B)

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 95–116 struck out “on or after September 16, 1940” after “or air service” in cls. (A) and (B).

7. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 3901

   Pub. L. 102–83 renumbered section 1901 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 1901 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

8. 2010

   Veterans’ Benefits Act of 2010

   Pub. L. 111–275 § 803(b)(1) · 124 Stat. 2864

   Substituted · 38 U.S.C. § 3901

   Pub. L. 111–275, § 803(b)(1), substituted “chapter:” for “chapter—” in introductory provisions

   Source evidence

   Code amendment note
   Pub. L. 111–275, § 803(b)(1), substituted “chapter:” for “chapter—” in introductory provisions.

   Enacted provision · exact public law section
   (1) in the matter preceding paragraph (1), by striking “chapter—” and inserting “chapter:”;

   Effective date note
   Pub. L. 111–275, title VIII, § 803(c), Oct. 13, 2010, 124 Stat. 2889, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2011.”

9. 2010

   Veterans’ Benefits Act of 2010

   Pub. L. 111–275 § 803(b)(2)(A) · 124 Stat. 2864

   Substituted · 38 U.S.C. § 3901(1)

   Pub. L. 111–275, § 803(b)(2)(A), substituted “means the following:” for “means—” in introductory provisions

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 111–275, § 803(b)(2)(A), substituted “means the following:” for “means—” in introductory provisions.

   Enacted provision · exact public law section
   (A) in the matter preceding subparagraph (A), by striking “means—” and inserting “means the following:”;

   Effective date note
   Pub. L. 111–275, title VIII, § 803(c), Oct. 13, 2010, 124 Stat. 2889, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2011.”

10. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 803(a)(1)(A) · 124 Stat. 2864

    1. Substituted · 38 U.S.C. § 3901(1)(A)

       Pub. L. 111–275, § 803(a)(1)(A), (b)(2)(B)(i), in introductory provisions, substituted “Any veteran” for “any veteran”

    2. Substituted · 38 U.S.C. § 3901(1)(A)

       Pub. L. 111–275, § 803(a)(1)(A), (b)(2)(B)(i), in introductory provisions, substituted “the following disabilities” for “the disabilities described in subclause (i), (ii), or (iii) below”

    Source evidence

    Code amendment note
    Par. (1)(A). Pub. L. 111–275, § 803(a)(1)(A), (b)(2)(B)(i), in introductory provisions, substituted “Any veteran” for “any veteran” and “the following disabilities” for “the disabilities described in subclause (i), (ii), or (iii) below”.

    Enacted provision · exact public law section
    (A) in the matter preceding clause (i), by striking “the disabilities described in subclause (i), (ii), or (iii) below” and inserting “the following disabilities”; and

    Effective date note
    Pub. L. 111–275, title VIII, § 803(c), Oct. 13, 2010, 124 Stat. 2889, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2011.”

11. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 803(b)(2)(B)(ii) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 3901(1)(A)(i); 38 U.S.C. § 3901(1)(A)(ii)

    Pub. L. 111–275, § 803(b)(2)(B)(ii), substituted period for semicolon at end

    Source evidence

    Code amendment note
    Par. (1)(A)(i), (ii). Pub. L. 111–275, § 803(b)(2)(B)(ii), substituted period for semicolon at end.

    Enacted provision · exact public law section
    (ii) in each of clauses (i) and (ii), by striking the semicolon at the end and inserting a period; and

    Effective date note
    Pub. L. 111–275, title VIII, § 803(c), Oct. 13, 2010, 124 Stat. 2889, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2011.”

12. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 803(b)(2)(B)(iii) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 3901(1)(A)(iii)

    Pub. L. 111–275, § 803(b)(2)(B)(iii), substituted period for “; or” at end

    Source evidence

    Code amendment note
    Par. (1)(A)(iii). Pub. L. 111–275, § 803(b)(2)(B)(iii), substituted period for “; or” at end.

    Enacted provision · exact public law section
    (iii) in clause (iii), by striking “; or” and inserting a period; and

    Effective date note
    Pub. L. 111–275, title VIII, § 803(c), Oct. 13, 2010, 124 Stat. 2889, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2011.”

13. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 803(a)(1)(B) · 124 Stat. 2864

    Added · 38 U.S.C. § 3901(1)(A)(iv)

    Pub. L. 111–275, § 803(a)(1)(B), added cl. (iv)

    Source evidence

    Code amendment note
    Par. (1)(A)(iv). Pub. L. 111–275, § 803(a)(1)(B), added cl. (iv).

    Enacted provision · exact public law section
    (B) by adding at the end the following new clause: “(iv) A Regulations. severe burn injury (as determined pursuant to regulations prescribed by the Secretary).” ; and

    Effective date note
    Pub. L. 111–275, title VIII, § 803(c), Oct. 13, 2010, 124 Stat. 2889, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2011.”

14. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 803(a)(2) · 124 Stat. 2864

    1. Substituted · 38 U.S.C. § 3901(1)(B)

       Pub. L. 111–275, § 803(a)(2), (b)(2)(C), substituted “Any member” for “any member”

    2. Substituted · 38 U.S.C. § 3901(1)(B)

       Pub. L. 111–275, § 803(a)(2), (b)(2)(C), substituted “clause (i), (ii), (iii), or (iv) of subparagraph (A)” for “subclause (i), (ii), or (iii) of clause (A) of this paragraph”

    Source evidence

    Code amendment note
    Par. (1)(B). Pub. L. 111–275, § 803(a)(2), (b)(2)(C), substituted “Any member” for “any member” and “clause (i), (ii), (iii), or (iv) of subparagraph (A)” for “subclause (i), (ii), or (iii) of clause (A) of this paragraph”.

    Enacted provision · exact public law section
    (2) in subparagraph (B), by striking “subclause (i), (ii), or (iii) of clause (A) of this paragraph” and inserting “clause (i), (ii), (iii), or (iv) of subparagraph (A)”.

    Effective date note
    Pub. L. 111–275, title VIII, § 803(c), Oct. 13, 2010, 124 Stat. 2889, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2011.”

15. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(50) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 3901(1)

    Pub. L. 116–283 substituted “air, or space service” for “or air service” in subpars. (A) and (B)

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 116–283 substituted “air, or space service” for “or air service” in subpars. (A) and (B).

    Enacted provision · exact public law section
    (50) Subparagraphs (A) and (B) of section 3901(1).

16. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 20 · 136 Stat. 6121

    1. Substituted · 38 U.S.C. § 3901(2)

       Pub. L. 117–333 substituted “special” for “and special”

    2. Substituted · 38 U.S.C. § 3901(2)

       Pub. L. 117–333 substituted “conveyance, and nonarticulating trailers solely designed to transport powered wheelchairs, powered scooters, or other similar mobility devices.” for “conveyance.”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 117–333 substituted “special” for “and special” and “conveyance, and nonarticulating trailers solely designed to transport powered wheelchairs, powered scooters, or other similar mobility devices.” for “conveyance.”

    Enacted provision · exact public law section
    SEC. 20. PROVISION OF NONARTICULATING TRAILERS AS ADAPTIVE EQUIPMENT.   Section 3901(2) of title 38, United States Code, is amended— (1) by striking “and special” and inserting “special”; and (2) by striking “conveyance.” and inserting “conveyance, and nonarticulating trailers solely designed to transport powered wheelchairs, powered scooters, or other similar mobility devices.”.

18 of 19 references resolved to an enrolled provision · 1 partial