38 U.S.C. § 3903

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 3903 - Limitations on assistance; special training courses

(a)

(1) Except as provided in paragraphs (2) and (3), 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.

(2) The Secretary may provide or assist in providing an eligible person with a second automobile or other conveyance under this chapter if-

(A) the Secretary receives satisfactory evidence that the automobile or other conveyance previously purchased with assistance under this chapter was destroyed-

(i) as a result of a natural or other disaster, as determined by the Secretary; and

(ii) through no fault of the eligible person; and

(B) the eligible person does not otherwise receive from a property insurer compensation for the loss.

(3) The Secretary may provide or assist in providing an eligible person with an additional automobile or other conveyance under this chapter-

(A) if more than 30 years have elapsed since the eligible person most recently received an automobile or other conveyance under this chapter; or

(B) beginning on the day that is 10 years after date¹ of the enactment of the Veterans Auto and Education Improvement Act of 2022, if more than 10 years have elapsed since the eligible person most recently received an automobile or other conveyance under this chapter.

(b)

(1) Except as provided in subsection (d) of section 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.

(2) The Secretary shall ensure that to the extent practicable an eligible person who is provided an automobile or other conveyance under this chapter is given the opportunity to make personal selections relating to such automobile or other conveyance.

(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.

¹So in original. Probably should be preceded by "the".

38 U.S.C. § 3903

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; Pub. L. 112-154, title VII, §701(e), Aug. 6, 2012, 126 Stat. 1204; Pub. L. 114-256, §2, Dec. 14, 2016, 130 Stat. 1345; Pub. L. 117-333, §21, Jan. 5, 2023, 136 Stat. 6138.

EDITORIAL NOTES

REFERENCES IN TEXTDate of the enactment of the Veterans Auto and Education Improvement Act of 2022, referred to in subsec. (a)(3)(B), is the date of enactment of Pub. L. 117-333 which was approved Jan. 5, 2023.

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.

AMENDMENTS2023-Subsec. (a)(1). Pub. L. 117-333, §21(1), substituted "paragraphs (2) and (3)" for "paragraph (2)".Subsec. (a)(3). Pub. L. 117-333, §21(2), added par. (3). 2016-Subsec. (b). Pub. L. 114-256 designated existing provisions as par. (1) and added par. (2). 2012-Subsec. (a). Pub. L. 112-154 designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), no" for "No" and added par. (2). 1999-Subsec. (e)(2). Pub. L. 106-117 struck 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. 98-543 designated 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. 97-66 substituted "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).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112-154 effective on the date that is one year after Aug. 6, 2012, see section 701(g) of Pub. L. 112-154 set out as an Effective Date note under section 2109 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-543, title III, §305(c), Oct. 24, 1984, 98 Stat. 2748, provided 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) of section 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. 97-66 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 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 OF 1974 AMENDMENT Amendment by Pub. L. 93-538 effective first day of second calendar month following Dec. 22, 1974, see section 6 of Pub. L. 93-538 set out as a note under section 3901 of this title.

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.