§ 3903. Limitations on assistance; special training courses

Footnotes

1. 1 So in original. Probably should be preceded by “the”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1971

   Disabled Veterans’ and Servicemen’s Automobile Assistance Act of 1970

   Pub. L. 91–666 § 2(a) · 84 Stat. 1998

   Enacted · 38 U.S.C. § 3903

   Added Pub. L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 2000, § 1903

   Source evidence

   Code source credit
   Added Pub. L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 2000, § 1903

   Enacted provision · exact public law section
   (a) Chapter 39 of title 38, United States Code, is amended to read as follows: “Chapter 39.— AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES “Sec. “1001. Definitions. “1002. Assistance for providing automobile and adaptive equipment. “1003. Limitations on assistance. “§ 1901. Definitions “For purposes of this chapter— “(1) The term ‘eligible person’ means— “(A) any veteran entitled to compensation under chapter 11 of this title for any of the disabilities described in subclause (i), (ii), or (iii) below, if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service during World War II or the Korean conflict; or if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service performed after January 31, 1955, and the injury was incurred or the disease was contracted in line of duty as a direct result of the performance of military duty: “(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; or “(B) any member of the Armed Forces serving on active duty who is suffering from any disability described in subclause (i), (ii), or (iii) of clause, (A) of this paragraph if such disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service during World War II, the Korean conflict, or the Vietnam era; or if such disability is the result of an injury incurred or disease contracted in or aggravated by any other active military, naval, or air service performed after January 31, 1955, and the injury was incurred or the disease, was contracted in line of duty as a direct result of the performance of military duty. “(2) The term ‘World War II’ includes, in the case of any eligible person, any period of continuous service performed by him after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1917. “§ 1902. Assistance for providing automobile and adaptive equipment “(a) The Administrator, under regulations which he shall prescribe, shall provide or assist in providing an automobile or other conveyance to each eligible person by paying the total purchase price of the auto-mobile or other conveyance or $2,800, whichever is the lesser, to the seller from whom the eligible person is purchasing under a sales agreement between the seller and the eligible person. “(b) The Administrator, under regulations which he shall prescribe, shall provide each eligible person the adaptive equipment deemed necessary to insure that the eligible person will be aide to operate the automobile or other conveyance in a manner consistent with his own safety and the safety of other’s and so as to satisfy the applicable standards of licensure established by the State of his residency or other proper licensing authority. “(c) In accordance with regulations which he shall prescribe, the Administrator shall (1) repair, replace, or reinstall adaptive equipment deemed necessary for the operation of an automobile or other conveyance acquired in accordance with the provisions of this chapter, and (2) provide, repair, replace, or reinstall such adaptive equipment for any automobile or other conveyance which an eligible person may subsequently have acquired. “(d) If an eligible person cannot qualify to operate an automobile or other conveyance, the Administrator shall provide or assist in providing an automobile or other conveyance to such person, as provided in subsection (a) of this section, if the automobile or other conveyance is to be operated for the eligible person by another person. “§ 1903. Limitations on assistance “(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 1902 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 Administrator, in accordance with regulations he shall prescribe, that the eligible person will be able to operate the automobile or other conveyance in a manner consistent with his 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 his residency or other proper licensing authority. “(c) An eligible person shall not be entitled to adaptive equipment under this chapter for more than one automobile or other conveyance at any one time. “(d) Adaptive equipment shall not be provided under this chapter unless it conforms to minimum standards of safety and quality prescribed by the Administrator.”

2. 1974

   Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974

   Pub. L. 93–538 § 4(b) · 88 Stat. 1736

   Substituted · 38 U.S.C. § 3903

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

   Source evidence

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

   Enacted provision · exact public law section
   (b) The catchline of such section is amended by adding at the end thereof a semicolon and “special training courses”.

3. 1974

   Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974

   Pub. L. 93–538 § 4(a) · 88 Stat. 1736

   Added · 38 U.S.C. § 3903(e)

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

   Source evidence

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

   Enacted provision · exact public law section
   (a) Section 1903 of such title is amended by adding at the end thereof the following new subsection: Special driver training courses. “(e) (1) The Administrator 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 Veterans’ Administration 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 or member of the Armed Forces, 38 USC 601. eligible for care under chapter 17 of this title, who is determined by the Administrator 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 Administrator is authorized to obtain insurance on automobiles Insurance. and other conveyances (not owned by the Government) 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.”.

4. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 § 108(1) · 90 Stat. 2842

   Substituted · 38 U.S.C. § 3903(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 108. Subsection (e) of section 1903 of title 38. United States Code, is amended by— (2) striking out “or member of the Armed Forces” and inserting such language after “title” in paragraph (1); and (3) inserting at the end thereof the following new paragraph: “(3) Notwithstanding any other provision of law, the Administrator 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 Veterans’ Administration obtains title for such price and upon such terms as the Administrator deems appropriate; and any proceeds received from any such disposition shall be credited to the applicable Veterans’ Administration appropriation.”.

5. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 § 108(2) · 90 Stat. 2842

   Added · 38 U.S.C. § 3903(e)(3)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) striking out “or member of the Armed Forces” and inserting such language after “title” in paragraph (1); and

6. 1981

   Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

   Pub. L. 97–66 title III § 303 · 95 Stat. 1026

   1. Substituted · 38 U.S.C. § 3903(b)

      Pub. L. 97–66 substituted “the Administrator shall prescribe” for “he shall prescribe” in two places

   2. Substituted · 38 U.S.C. § 3903(b)

      Pub. L. 97–66 substituted “such person’s” for “his” in two places

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 303. technical amendments Sections 1902 and 1903(b) are amended by striking out “he” each place it appears and inserting in lieu thereof “the Administrator” and by striking out “his” each place it appears and inserting in lieu thereof “such person’s”.

7. 1984

   Veterans’ Benefits Improvement Act of 1984

   Pub. L. 98–543 title III § 305(b) · 98 Stat. 2735

   1. Amended · 38 U.S.C. § 3903(c)

      Pub. L. 98–543 designated existing provisions as par. (1)

   2. Substituted · 38 U.S.C. § 3903(c)

      Pub. L. 98–543 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”

   3. Added · 38 U.S.C. § 3903(c)

      Pub. L. 98–543 added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (b) Subsection (c) of section 1903 is amended to read as follows: “(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 Administrator 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 Administrator 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 Administrator. Any action to provide adaptive equipment under this paragraph shall be made pursuant to regulations which the Administrator shall prescribe.”.

8. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 3903

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

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 1903 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

9. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 3903(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

10. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3903(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

11. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3903(c)(2); 38 U.S.C. § 3903(c)(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

12. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3903(e)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

13. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3903(e)(1)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

14. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3903(e)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

15. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3903(e)(3)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

16. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3903(e)(3)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

17. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 title VIII § 804 · 113 Stat. 1545

    Struck · 38 U.S.C. § 3903(e)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    SEC. 804. TECHNICAL AMENDMENT TO AUTOMOBILE ASSISTANCE PROGRAM. Section 3903(e)(2) is amended by striking “(not owned by the Government)”.

18. 2012

    Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

    Pub. L. 112–154 title VII § 701(e) · 126 Stat. 1165

    1. Amended · 38 U.S.C. § 3903(a)

       Pub. L. 112–154 designated existing provisions as par. (1)

    2. Substituted · 38 U.S.C. § 3903(a)

       Pub. L. 112–154 substituted “Except as provided in paragraph (2), no” for “No”

    3. Added · 38 U.S.C. § 3903(a)

       Pub. L. 112–154 added par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (e) Automobiles and Other Conveyances for Certain Disabled Veterans and Members of the Armed Forces.— Section 3903(a) is amended— (1) by striking “No” and inserting “(1) Except as provided in paragraph (2), no”; and (2) by adding at the end the following new paragraph: “(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.” .

    Effective date note
    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.

19. 2016

    Veterans Mobility Safety Act of 2016

    Pub. L. 114–256 § 2 · 130 Stat. 1345

    1. Amended · 38 U.S.C. § 3903(b)

       Pub. L. 114–256 designated existing provisions as par. (1)

    2. Added · 38 U.S.C. § 3903(b)

       Pub. L. 114–256 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–256 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    SEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND ADAPTIVE EQUIPMENT.   Section 3903(b) of title 38, United States Code, is amended— (1) by striking “Except” and inserting “(1) Except”; and (2) by adding at the end the following new paragraph: “(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.” .

20. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 21(1) · 136 Stat. 6121

    Substituted · 38 U.S.C. § 3903(a)(1)

    Pub. L. 117–333, § 21(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–333, § 21(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and

21. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 21(2) · 136 Stat. 6121

    Added · 38 U.S.C. § 3903(a)(3)

    Pub. L. 117–333, § 21(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–333, § 21(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(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 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.” .

27 of 27 references resolved to an enrolled provision