38 USC § 3903 - Limitations on assistance; special training courses

(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) ofsection 3902 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 Secretary, in accordance with regulations the Secretary shall prescribe, 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 will satisfy the applicable standards of licensure to operate the automobile or other conveyance established by the State of such person’s residency or other proper licensing authority.

(c)

(1) An eligible person shall not be entitled to adaptive equipment under this chapter for more than two automobiles or other conveyances at any one time or (except as provided in paragraph (2) of this subsection) during any four-year period.

(2) In a case in which the four-year limitation in paragraph (1) of this subsection precludes an eligible person from being entitled to adaptive equipment under this chapter, if the Secretary determines that, due to circumstances beyond the control of such person, one of the automobiles or other conveyances for which adaptive equipment was provided to such person during the applicable four-year period is no longer available for the use of such person, the Secretary may provide adaptive equipment to such person for an additional automobile or other conveyance during such period. Provision of adaptive equipment under this paragraph is within the discretion of the Secretary. Any action to provide adaptive equipment under this paragraph shall be made pursuant to regulations which the Secretary shall prescribe.

(d) Adaptive equipment shall not be provided under this chapter unless it conforms to minimum standards of safety and quality prescribed by the Secretary.

(e)

(1) The Secretary shall provide, directly or by contract, for the conduct of special driver training courses at every hospital and, where appropriate, at regional offices and other medical facilities, of the Department to instruct such eligible person to operate the type of automobile or other conveyance such person wishes to obtain with assistance under this chapter, and may make such courses available to any veteran, eligible for care under chapter 17 of this title or member of the Armed Forces, who is determined by the Secretary to need the special training provided in such courses even though such veteran or member is not eligible for the assistance provided under this chapter.

(2) The Secretary is authorized to obtain insurance on automobiles and other conveyances used in conducting the special driver training courses provided under this subsection and to obtain, at Government expense, personal liability and property damage insurance for all persons taking such courses without regard to whether such persons are taking the course on an in-patient or out-patient basis.

(3) Notwithstanding any other provision of law, the Secretary may obtain, by purchase, lease, gift, or otherwise, any automobile, motor vehicle, or other conveyance deemed necessary to carry out the purposes of this subsection, and may sell, assign, transfer, or convey any such automobile, vehicle, or conveyance to which the Department obtains title for such price and upon such terms as the Secretary deems appropriate; and any proceeds received from any such disposition shall be credited to the applicable Department appropriation.

Source

(Added Pub. L. 91–666, § 2(a),Jan. 11, 1971, 84 Stat. 2000, § 1903; amended Pub. L. 93–538, § 4(a), (b),Dec. 22, 1974, 88 Stat. 1736, 1737; Pub. L. 94–581, title I, § 108,Oct. 21, 1976, 90 Stat. 2847; Pub. L. 97–66, title III, § 303,Oct. 17, 1981, 95 Stat. 1030; Pub. L. 98–543, title III, § 305(b),Oct. 24, 1984, 98 Stat. 2748; renumbered § 3903 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 106–117, title VIII, § 804,Nov. 30, 1999, 113 Stat. 1586.)

Prior Provisions

Provisions similar to those comprising this section were contained in former sections 1902 and 1904 of this title prior to the general revision of this chapter by Pub. L. 91–666.

Amendments

1999—Subsec. (e)(2). Pub. L. 106–117struck out “(not owned by the Government)” after “automobiles and other conveyances”.

1991—Pub. L. 102–83, § 5(a), renumbered section 1903 of this title as this section.

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3902” for “1902”.

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

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

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

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

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

Subsec. (e)(3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.

1984—Subsec. (c). Pub. L. 98–543designated existing provisions as par. (1), substituted “two automobiles or other conveyances at any one time or (except as provided in paragraph (2) of this subsection) during any four-year period” for “one automobile or other conveyance at any one time”, and added par. (2).

1981—Subsec. (b). Pub. L. 97–66substituted “the Administrator shall prescribe” for “he shall prescribe” and “such person’s” for “his” in two places.

1976—Subsec. (e)(1). Pub. L. 94–581, § 108(1), substituted “any veteran, eligible for care under chapter 17 of this title or member of the Armed Forces, who is determined” for “any veteran or member of the Armed Forces, eligible for care under chapter 17 of this title, who is determined”.

Subsec. (e)(3). Pub. L. 94–581, § 108(2), added par. (3).

1974—Pub. L. 93–538, § 4(b), substituted “Limitations on assistance; special training courses” for “Limitations on assistance” in section catchline.

Subsec. (e). Pub. L. 93–538, § 4(a), added subsec. (e).

Effective Date of 1984 Amendment

Section 305(c) ofPub. L. 98–543provided that:

“(1) The amendments made by this section [amending this section and section 1902 [now 3902] of this title] shall take effect on January 1, 1985.

“(2) In the case of a person who during the four-year period ending on December 31, 1984, was provided adaptive equipment under chapter 39 of title 38, United States Code, for an automobile or other conveyance and who has such automobile or other conveyance available for use on the date of the enactment of this Act [Oct. 24, 1984], the first four-year period applicable to such person under subsection (c) ofsection 1903 [now 3903] of such title (as amended by subsection (a)) shall begin on the most recent date before January 1, 1985, on which such person was provided such equipment.”

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 1976 Amendment

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

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–538effective first day of second calendar month following Dec. 22, 1974, see section 6 ofPub. L. 93–538, set out as a note under section 3901 of this title.