FEDERAL · 38 U.S.C. · Chapter 39
Research and development
38 U.S.C. § 3904
Title38 — Veterans' Benefits
Chapter39 — AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES
This text of 38 U.S.C. § 3904 (Research and development) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
38 U.S.C. § 3904.
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 a
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Related
Veterans for Common Sense v. Eric K. Shinseki
644 F.3d 845 (Ninth Circuit, 2011)
Veterans for Common Sense v. Shinseki
663 F.3d 1033 (Ninth Circuit, 2011)
Source Credit
History
(Added Pub. L. 93–538, §5(a), Dec. 22, 1974, 88 Stat. 1737, §1904; amended Pub. L. 94–581, title II, §205(b)(2), (3), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 95–602, title I, §122(f), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 97–295, §4(69), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 102–40, title IV, §403(b)(1), May 7, 1991, 105 Stat. 239; renumbered §3904 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. 105–220, title IV, §414(c), Aug. 7, 1998, 112 Stat. 1242.)
Editorial Notes
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, Sept. 2, 1958, 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, Sept. 2, 1958, 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.
Amendments
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 Oct. 21, 1976, 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 Dec. 22, 1974, see section 6 of Pub. L. 93–538, set out as an Effective Date of 1974 Amendment note under section 3901 of this title.
Editorial Notes
Amendments
2016—Pub. L. 114–315, title V, §502(b), Dec. 16, 2016, 130 Stat. 1568, added item 4115.
2011—Pub. L. 112–56, title II, §§223(a)(2), 234(c), Nov. 21, 2011, 125 Stat. 718, 722, added item 4104A and substituted "Transition Assistance Program personnel" for "Outstationing of Transition Assistance Program personnel" in item 4113.
2006—Pub. L. 109–461, title VI, §604(a)(2), Dec. 22, 2006, 120 Stat. 3439, added item 4114.
Pub. L. 109–233, title II, §202(a)(3), June 15, 2006, 120 Stat. 403, substituted "Advisory Committee on Veterans Employment, Training, and Employer Outreach" for "Advisory Committee on Veterans Employment and Training" in item 4110.
2003—Pub. L. 108–183, title III, §309(a)(2), Dec. 16, 2003, 117 Stat. 2663, added item 4113.
2002—Pub. L. 107–288, §§3(b), 4(a)(2), (3)(A)(ii), Nov. 7, 2002, 116 Stat. 2038, 2042, substituted "Assistant Secretary of Labor for Veterans' Employment and Training; program functions; Regional Administrators" for "Assistant Secretary of Labor for Veterans' Employment and Training; Regional Administrators" in item 4102A and "Directors and Assistant Directors for Veterans' Employment and Training; additional Federal personnel" for "Directors and Assistant Directors for Veterans' Employment and Training" in item 4103, struck out item 4104A "Performance of disabled veterans' outreach program specialists and local veterans' employment representatives", and added item 4112.
2001—Pub. L. 107–95, §5(g)(3), Dec. 21, 2001, 115 Stat. 919, struck out item 4111 "Homeless veterans' reintegration programs".
2000—Pub. L. 106–419, title IV, §404(a)(8), Nov. 1, 2000, 114 Stat. 1865, added item 4110B.
1999—Pub. L. 106–117, title IX, §901(b), Nov. 30, 1999, 113 Stat. 1587, added item 4111.
1991—Pub. L. 102–83, §5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 2000 to 2010A as 4100 to 4110A, respectively.
Pub. L. 102–16, §8(b), Mar. 22, 1991, 105 Stat. 53, substituted "Advisory Committee on Veterans Employment and Training" for "Secretary of Labor's Committee on Veterans' Employment" in item 2010.
1988—Pub. L. 100–323, §§2(e)(3)(B), 3(c), 4(b), 6(b)(2)(B), 8(b), 9(b), 15(c)(3)(B), May 20, 1988, 102 Stat. 559, 562–564, 566, 574, inserted "and Training; Regional Administrators" after "for Veterans' Employment" in item 2002A, substituted "Directors and Assistant Directors for Veterans' Employment and Training" for "State and Assistant State Directors for Veterans' Employment" in item 2003, substituted "Local veterans' employment representatives" for "Employees of local offices" in item 2004, added item 2004A, struck out "with the Veterans' Administration" after "Cooperation and coordination" in item 2008, substituted "National Veterans' Employment and Training Services Institute" for "National veterans' employment and training programs" in item 2009, and added item 2010A.
1982—Pub. L. 97–306, title III, §§301(b)(1), 304(a)(2), 308(b), Oct. 14, 1982, 96 Stat. 1437, 1438, 1441, added item 2000, substituted "State and Assistant State Directors for Veterans' Employment" for "Assignment of veterans' employment representative" in item 2003 and added items 2009 and 2010.
1980—Pub. L. 96–466, title V, §§504(a)(1), 506(b), Oct. 17, 1980, 94 Stat. 2203, 2205, struck out "Deputy" before "Assistant Secretary" in item 2002A and added item 2003A.
1976—Pub. L. 94–502, title VI, §601(b)(2), Oct. 15, 1976, 90 Stat. 2404, added item 2002A.
1972—Pub. L. 92–540, title V, §502(a), Oct. 24, 1972, 86 Stat. 1094, in chapter heading substituted ", TRAINING AND" for "AND EMPLOYMENT", redesignated former items 2001 to 2005 as items 2002 to 2006, and added items 2001, 2007, and 2008, and in redesignated item 2006 "authorization of appropriations".
1966—Pub. L. 89–358, §6(a), Mar. 3, 1966, 80 Stat. 27, substituted "JOB COUNSELING AND EMPLOYMENT PLACEMENT SERVICE FOR VETERANS" for "UNEMPLOYMENT BENEFITS FOR VETERANS" in chapter heading.
1962—Pub. L. 87–675, §1(b), (d), Sept. 19, 1962, 76 Stat. 558, 559, substituted "Purpose" for "Compensation for veterans under State agreements" in item 2001, "Assignment of veterans' employment representative" for "Unemployment compensation in absence of State agreements" in item 2002, "Employees of local offices" for "Payments to States" in item 2003, "Cooperation of Federal agencies" for "Information" in item 2004, and "Estimate of funds for administration" for "Penalties" in item 2005, and struck out items 2006 to 2014 and headings of subchapters I and II.
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, Sept. 2, 1958, 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, Sept. 2, 1958, 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.
Amendments
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 Oct. 21, 1976, 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 Dec. 22, 1974, see section 6 of Pub. L. 93–538, set out as an Effective Date of 1974 Amendment note under section 3901 of this title.
Editorial Notes
Amendments
2016—Pub. L. 114–315, title V, §502(b), Dec. 16, 2016, 130 Stat. 1568, added item 4115.
2011—Pub. L. 112–56, title II, §§223(a)(2), 234(c), Nov. 21, 2011, 125 Stat. 718, 722, added item 4104A and substituted "Transition Assistance Program personnel" for "Outstationing of Transition Assistance Program personnel" in item 4113.
2006—Pub. L. 109–461, title VI, §604(a)(2), Dec. 22, 2006, 120 Stat. 3439, added item 4114.
Pub. L. 109–233, title II, §202(a)(3), June 15, 2006, 120 Stat. 403, substituted "Advisory Committee on Veterans Employment, Training, and Employer Outreach" for "Advisory Committee on Veterans Employment and Training" in item 4110.
2003—Pub. L. 108–183, title III, §309(a)(2), Dec. 16, 2003, 117 Stat. 2663, added item 4113.
2002—Pub. L. 107–288, §§3(b), 4(a)(2), (3)(A)(ii), Nov. 7, 2002, 116 Stat. 2038, 2042, substituted "Assistant Secretary of Labor for Veterans' Employment and Training; program functions; Regional Administrators" for "Assistant Secretary of Labor for Veterans' Employment and Training; Regional Administrators" in item 4102A and "Directors and Assistant Directors for Veterans' Employment and Training; additional Federal personnel" for "Directors and Assistant Directors for Veterans' Employment and Training" in item 4103, struck out item 4104A "Performance of disabled veterans' outreach program specialists and local veterans' employment representatives", and added item 4112.
2001—Pub. L. 107–95, §5(g)(3), Dec. 21, 2001, 115 Stat. 919, struck out item 4111 "Homeless veterans' reintegration programs".
2000—Pub. L. 106–419, title IV, §404(a)(8), Nov. 1, 2000, 114 Stat. 1865, added item 4110B.
1999—Pub. L. 106–117, title IX, §901(b), Nov. 30, 1999, 113 Stat. 1587, added item 4111.
1991—Pub. L. 102–83, §5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 2000 to 2010A as 4100 to 4110A, respectively.
Pub. L. 102–16, §8(b), Mar. 22, 1991, 105 Stat. 53, substituted "Advisory Committee on Veterans Employment and Training" for "Secretary of Labor's Committee on Veterans' Employment" in item 2010.
1988—Pub. L. 100–323, §§2(e)(3)(B), 3(c), 4(b), 6(b)(2)(B), 8(b), 9(b), 15(c)(3)(B), May 20, 1988, 102 Stat. 559, 562–564, 566, 574, inserted "and Training; Regional Administrators" after "for Veterans' Employment" in item 2002A, substituted "Directors and Assistant Directors for Veterans' Employment and Training" for "State and Assistant State Directors for Veterans' Employment" in item 2003, substituted "Local veterans' employment representatives" for "Employees of local offices" in item 2004, added item 2004A, struck out "with the Veterans' Administration" after "Cooperation and coordination" in item 2008, substituted "National Veterans' Employment and Training Services Institute" for "National veterans' employment and training programs" in item 2009, and added item 2010A.
1982—Pub. L. 97–306, title III, §§301(b)(1), 304(a)(2), 308(b), Oct. 14, 1982, 96 Stat. 1437, 1438, 1441, added item 2000, substituted "State and Assistant State Directors for Veterans' Employment" for "Assignment of veterans' employment representative" in item 2003 and added items 2009 and 2010.
1980—Pub. L. 96–466, title V, §§504(a)(1), 506(b), Oct. 17, 1980, 94 Stat. 2203, 2205, struck out "Deputy" before "Assistant Secretary" in item 2002A and added item 2003A.
1976—Pub. L. 94–502, title VI, §601(b)(2), Oct. 15, 1976, 90 Stat. 2404, added item 2002A.
1972—Pub. L. 92–540, title V, §502(a), Oct. 24, 1972, 86 Stat. 1094, in chapter heading substituted ", TRAINING AND" for "AND EMPLOYMENT", redesignated former items 2001 to 2005 as items 2002 to 2006, and added items 2001, 2007, and 2008, and in redesignated item 2006 "authorization of appropriations".
1966—Pub. L. 89–358, §6(a), Mar. 3, 1966, 80 Stat. 27, substituted "JOB COUNSELING AND EMPLOYMENT PLACEMENT SERVICE FOR VETERANS" for "UNEMPLOYMENT BENEFITS FOR VETERANS" in chapter heading.
1962—Pub. L. 87–675, §1(b), (d), Sept. 19, 1962, 76 Stat. 558, 559, substituted "Purpose" for "Compensation for veterans under State agreements" in item 2001, "Assignment of veterans' employment representative" for "Unemployment compensation in absence of State agreements" in item 2002, "Employees of local offices" for "Payments to States" in item 2003, "Cooperation of Federal agencies" for "Information" in item 2004, and "Estimate of funds for administration" for "Penalties" in item 2005, and struck out items 2006 to 2014 and headings of subchapters I and II.
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Bluebook (online)
38 U.S.C. § 3904, Counsel Stack Legal Research, https://law.counselstack.com/usc/38/3904.