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Title 38 — Veterans’ Benefits

Part III · Chapter 39 — Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces

§ 3904. Research and development

Statutory text

(a)

In carrying out medical and prosthetic research under section 7303 of this title, the Secretary, through the Under Secretary for Health, shall provide for special emphasis on the research and development of adaptive equipment and adapted conveyances (including vans) meeting standards of safety and quality prescribed under subsection (d) of section 3903, including support for the production and distribution of devices and conveyances so developed.

(b)

In carrying out subsection (a) of this section, the Secretary, through the Under Secretary for Health, shall consult and cooperate with the Secretary of Health and Human Services and the Secretary of Education, in connection with programs carried out under section 204(b)(3) of the Rehabilitation Act of 1973 (relating to the establishment and support of Rehabilitation Engineering Research Centers).

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

    Pub. L. 93–538 § 5(a) · 88 Stat. 1736

    Enacted · 38 U.S.C. § 3904

    Added Pub. L. 93–538, § 5(a), Dec. 22, 1974, 88 Stat. 1737, § 1904

    Source evidence

    Code source credit
    Added Pub. L. 93–538, § 5(a), Dec. 22, 1974, 88 Stat. 1737, § 1904

    Enacted provision · exact public law section
    (a) Chapter 39 of such title is further amended by adding at the end thereof the following new section: “§ 1904. Research and development; coordination with other Federal programs “(a) In carrying out prosthetic and orthopedic appliance research under section 216 and medical research under section 4101 of this title, the Administrator, through the Chief Medical Director, shall provide for special emphasis on the research and development of adaptive equipment and adapted conveyances (including vans) meeting standards of safety and quality prescribed under subsection (d) of section 1903, including support for the production and distribution of devices and conveyances so developed. “(b) In carrying out subsection (a) of this section, the Administrator, through the Chief Medical Director, shall consult and cooperate with the Secretary of Health, Education, and Welfare and the Commissioner of the Rehabilitation Services Administration, Department of Health, Education, and Welfare, in connection with programs carried out under section 3(b) of the Rehabilitation Act of 1973 (Public Law 93–112; 87 Stat. 357) (relating to the development and support, 29 USC 702. and the stimulation of the development and utilization, including production and distribution of new and existing devices, of innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems), section 202(b)(2) of such Act (relating to the establishment 29 USC 762. and support of Rehabilitation Engineering Research Centers), and section 405 of such Act (relating to the Secretarial responsibilities 29 USC 785. for planning, analysis, promoting utilization of scientific advances, and information clearinghouse activities).”.

  2. Veterans Medical Technical and Conforming Amendments of 1976

    Pub. L. 94–581 § 205(b)(2) · 90 Stat. 2842

    Struck · 38 U.S.C. § 3904

    Pub. L. 94–581, § 205(b)(2), struck out “; coordination with other Federal programs” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 94–581, § 205(b)(2), struck out “; coordination with other Federal programs” in section catchline.

    Enacted provision · exact public law section
    (2) amending the catchline of section 1904 to read as follows: 38 USC 1904. “§1904. Research and development”; and

    Effective date note
    Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.

  3. Veterans Medical Technical and Conforming Amendments of 1976

    Pub. L. 94–581 § 205(b)(3) · 90 Stat. 2842

    Substituted · 38 U.S.C. § 3904(a)

    Pub. L. 94–581, § 205(b)(3), substituted “medical and prosthetic research” for “prosthetic and orthopedic appliance research under section 216 and medical research”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–581, § 205(b)(3), substituted “medical and prosthetic research” for “prosthetic and orthopedic appliance research under section 216 and medical research”.

    Enacted provision · exact public law section
    (3) amending subsection (a) of section 1904 by striking out “prosthetic and orthopedic appliance research under section 216 and medical research” and inserting in lieu thereof “medical and Prosthetic research”.

    Effective date note
    Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.

  4. Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978

    Pub. L. 95–602 title I § 122(f) · 92 Stat. 2955

    1. Substituted · 38 U.S.C. § 3904(b)

      Pub. L. 95–602 substituted “and section 204(b)(2) of such Act” for “section 202(b)(2) of such Act”

    2. Struck · 38 U.S.C. § 3904(b)

      Pub. L. 95–602 struck out “, and section 405 of such Act (relating to the Secretarial responsibilities for planning, analysis, promoting utilization of scientific advances, and information clearinghouse activities)” after “Research Centers)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–602 substituted “and section 204(b)(2) of such Act” for “section 202(b)(2) of such Act” and struck out “, and section 405 of such Act (relating to the Secretarial responsibilities for planning, analysis, promoting utilization of scientific advances, and information clearinghouse activities)” after “Research Centers)”.

    Enacted provision · exact public law section
    (f) Section 1904 of title 38, United States Code, is amended— (1) by striking out “section 202(b) (2)” and inserting in lieu thereof “and section 204(b) (2)”; and (2) by striking out “, and section 405” and all that follows through “activities)”.

  5. Pub. L. 97–295 § 4(69) · 96 Stat. 1287

    1. Substituted · 38 U.S.C. § 3904(b)

      Pub. L. 97–295 substituted “Health and Human Services and the Secretary of Education” for “Health, Education, and Welfare and the Commissioner of the Rehabilitation Services Administration, Department of Health, Education, and Welfare”

    2. Substituted · 38 U.S.C. § 3904(b)

      Pub. L. 97–295 substituted “section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))” for “section 3(b) of the Rehabilitation Act of 1973 (Public Law 93–112; 87 Stat. 357) (relating to the development and support, and the stimulation of the development and utilization, including production and distribution of new and existing devices, of innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems), and section 204(b)(2) of such Act”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–295 substituted “Health and Human Services and the Secretary of Education” for “Health, Education, and Welfare and the Commissioner of the Rehabilitation Services Administration, Department of Health, Education, and Welfare”, and “section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))” for “section 3(b) of the Rehabilitation Act of 1973 (Public Law 93–112; 87 Stat. 357) (relating to the development and support, and the stimulation of the development and utilization, including production and distribution of new and existing devices, of innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems), and section 204(b)(2) of such Act”.

    Enacted provision · exact public law section
    (69) Section 1904(b) is amended— (A) by striking out “Health, Education, and Welfare and the Commissioner of the Rehabilitation Services Administration, Department of Health, Education, and Welfare” and substituting “Health and Human Services and the Secretary of Education”; and (B) by striking out “section 3(b) of the Rehabilitation Act of 1973 (Public Law 93–112; 87 Stat. 357) (relating to the development and support, and the stimulation of the development and utilization, including production and distribution of new and existing devices, of innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems), and section 204(b)(2) of such Act” and substituting “section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))”.

  6. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 title IV § 403(b)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 3904(a)

    Pub. L. 102–40 substituted “section 7303” for “section 4101”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40 substituted “section 7303” for “section 4101”.

    Enacted provision · exact public law section
    (1) Section 1904(a) is amended by striking out “section 4101” and inserting in lieu thereof “section 7303”.

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

    Changed · 38 U.S.C. § 3904

    Pub. L. 102–83, § 5(a), renumbered section 1904 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1904 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. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3904(a)

    Pub. L. 102–83, § 5(c)(1), substituted “3903” for “1903”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3903” for “1903”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  9. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3904(a)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  10. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3904(b)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “through”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “through”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  11. Veterans’ Medical Programs Amendments of 1992

    Pub. L. 102–405 title III § 302(c)(1) · 106 Stat. 1972

    Substituted · 38 U.S.C. § 3904(a); 38 U.S.C. § 3904(b)

    Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

    Enacted provision · exact public law section
    (1) Title 38, United States Code, is amended by striking out “Chief Medical Director” and “Chief Benefits Director” each place they appear (including in headings and tables but not including the sentences added by paragraphs (2) and (3)) and inserting in lieu thereof “Under Secretary for Health” and “Under Secretary for Benefits”, respectively.

  12. Rehabilitation Act Amendments of 1998

    Pub. L. 105–220 title IV § 414(c) · 112 Stat. 936

    Substituted · 38 U.S.C. § 3904(b)

    Pub. L. 105–220 substituted “section 204(b)(3) of the Rehabilitation Act of 1973” for “section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–220 substituted “section 204(b)(3) of the Rehabilitation Act of 1973” for “section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))”.

    Enacted provision · exact public law section
    (c) Title 38, United States Code.— Sections 3904(b) and7303(b) of title 38, United States Code, are amended by striking “section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C.762(b)(2)) (relating to the establishment and support of Rehabilitation Engineering Research Centers)” and inserting “section 204(b)(3)of the Rehabilitation Act of 1973 (relating to the establishment and support of Rehabilitation Engineering Research Centers)”.

14 of 14 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 204(b)(3) of the Rehabilitation Act of 1973, referred to in subsec. (b), is classified to section 764(b)(3) of Title 29, Labor.

Prior Provisions

Prior sections 4001 to 4005 were renumbered sections 7101 to 7105 of this title, respectively.

Another prior section 4005, Pub. L. 85–857, , 72 Stat. 1241, related to applications for review on appeal, prior to repeal by Pub. L. 87–666.

Prior section 4006 was renumbered section 7106 of this title.

Another prior section 4006 was renumbered section 4007 of this title.

Prior section 4007 was renumbered section 7107 of this title.

Another prior section 4007, Pub. L. 85–857, , 72 Stat. 1242, related to simultaneously contested claims, prior to repeal by Pub. L. 87–666. See section 7105A of this title.

Prior sections 4008 to 4010, 4051 to 4056, 4061 to 4069, 4081 to 4085, 4091, 4092, and 4096 to 4098 were renumbered sections 7108 to 7110, 7251 to 7256, 7261 to 7269, 7281 to 7285, 7291, 7292, and 7296 to 7298 of this title, respectively.

Amendments1976–1998 · 6 rounds

1998

Subsec. (b). Pub. L. 105–220 substituted “section 204(b)(3) of the Rehabilitation Act of 1973” for “section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))”.

1992

Subsecs. (a), (b). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

1991

Pub. L. 102–83, § 5(a), renumbered section 1904 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3903” for “1903”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 102–40 substituted “section 7303” for “section 4101”.

Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “through”.

1982

Subsec. (b). Pub. L. 97–295 substituted “Health and Human Services and the Secretary of Education” for “Health, Education, and Welfare and the Commissioner of the Rehabilitation Services Administration, Department of Health, Education, and Welfare”, and “section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(2))” for “section 3(b) of the Rehabilitation Act of 1973 (Public Law 93–112; 87 Stat. 357) (relating to the development and support, and the stimulation of the development and utilization, including production and distribution of new and existing devices, of innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems), and section 204(b)(2) of such Act”.

1978

Subsec. (b). Pub. L. 95–602 substituted “and section 204(b)(2) of such Act” for “section 202(b)(2) of such Act” and struck out “, and section 405 of such Act (relating to the Secretarial responsibilities for planning, analysis, promoting utilization of scientific advances, and information clearinghouse activities)” after “Research Centers)”.

1976

Pub. L. 94–581, § 205(b)(2), struck out “; coordination with other Federal programs” in section catchline.

Subsec. (a). Pub. L. 94–581, § 205(b)(3), substituted “medical and prosthetic research” for “prosthetic and orthopedic appliance research under section 216 and medical research”.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–581 effective , see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.

Effective Date

Section effective first day of second calendar month following , see section 6 of Pub. L. 93–538, set out as an Effective Date of 1974 Amendment note under section 3901 of this title.

Credits

1974–1998 · 8 acts
  1. 1974Added Pub. L. 93–538, § 5(a), , 88 Stat. 1737, § 1904
  2. 1976amended Pub. L. 94–581, title II, § 205(b)(2), (3), , 90 Stat. 2859
  3. 1978Pub. L. 95–602, title I, § 122(f), , 92 Stat. 2987
  4. 1982Pub. L. 97–295, § 4(69), , 96 Stat. 1310
  5. 1991Pub. L. 102–40, title IV, § 403(b)(1), , 105 Stat. 239
  6. 1991renumbered § 3904 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406
  7. 1992Pub. L. 102–405, title III, § 302(c)(1), , 106 Stat. 1984
  8. 1998Pub. L. 105–220, title IV, § 414(c), , 112 Stat. 1242.
Show as published

(Added Pub. L. 93–538, § 5(a), , 88 Stat. 1737, § 1904; amended Pub. L. 94–581, title II, § 205(b)(2), (3), , 90 Stat. 2859; Pub. L. 95–602, title I, § 122(f), , 92 Stat. 2987; Pub. L. 97–295, § 4(69), , 96 Stat. 1310; Pub. L. 102–40, title IV, § 403(b)(1), , 105 Stat. 239; renumbered § 3904 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406; Pub. L. 102–405, title III, § 302(c)(1), , 106 Stat. 1984; Pub. L. 105–220, title IV, § 414(c), , 112 Stat. 1242.)

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