§ 3903. Limitations on assistance; special training courses

1,681 words·~8 min read·/usc/title-38/section-3903

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(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 date 1 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.

(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.

(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.

(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, § 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.)

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