§ 3903. — Limitations on assistance; special training courses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3903]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 39--AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED
VETERANS AND MEMBERS OF THE ARMED FORCES
Sec. 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) 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.
(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.
(Added Pub. L. 91-666, Sec. 2(a), Jan. 11, 1971, 84 Stat. 2000,
Sec. 1903; amended Pub. L. 93-538, Sec. 4(a), (b), Dec. 22, 1974, 88
Stat. 1736, 1737; Pub. L. 94-581, title I, Sec. 108, Oct. 21, 1976, 90
Stat. 2847; Pub. L. 97-66, title III, Sec. 303, Oct. 17, 1981, 95 Stat.
1030; Pub. L. 98-543, title III, Sec. 305(b), Oct. 24, 1984, 98 Stat.
2748; renumbered Sec. 3903 and amended Pub. L. 102-83, Secs. 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, Sec. 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. 106-117 struck out ``(not owned by the
Government)'' after ``automobiles and other conveyances''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1903 of this
title as this section.
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3902'' for
``1902''.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator'' in two places.
Subsecs. (c)(2), (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
Subsec. (e)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Subsec. (e)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Subsec. (e)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
Pub. L. 102-83, Sec. 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, Sec. 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, Sec. 108(2), added par. (3).
1974--Pub. L. 93-538, Sec. 4(b), substituted ``Limitations on
assistance; special training courses'' for ``Limitations on assistance''
in section catchline.
Subsec. (e). Pub. L. 93-538, Sec. 4(a), added subsec. (e).
Effective Date of 1984 Amendment
Section 305(c) of Pub. L. 98-543 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.
Section Referred to in Other Sections
This section is referred to in sections 3902, 3904 of this title.
