IIB 

114TH CONGRESS 

2D SESSION H. R. 3471 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2016 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to make certain 

improvements in the provision of automobiles and adaptive equipment by the Department of Veterans Affairs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans Mobility 

3 Safety Act of 2016’’. 

4 SEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND 

5 ADAPTIVE EQUIPMENT. 

6 Section 3903(b) of title 38, United States Code, is 

7 amended— 

8 (1) by striking ‘‘Except’’ and inserting ‘‘(1) Ex9 cept’’; and 

10 (2) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) The Secretary shall ensure that to the extent 

13 practicable an eligible person who is provided an auto14 mobile or other conveyance under this chapter is given the 

15 opportunity to make personal selections relating to such 

16 automobile or other conveyance.’’. 

17 SEC. 3. COMPREHENSIVE POLICY FOR THE AUTOMOBILES 

18 ADAPTIVE EQUIPMENT PROGRAM. 

19 (a) COMPREHENSIVE POLICY.—The Secretary of 

20 Veterans Affairs shall develop a comprehensive policy re21 garding quality standards for providers who provide modi22 fication services to veterans under the automobile adaptive 

23 equipment program. 

24 (b) SCOPE.—The policy developed under subsection 

25 (a) shall cover each of the following: 


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1 (1) The Department of Veterans Affairs-wide 

2 management of the automobile adaptive equipment 

3 program. 

4 (2) The development of standards for safety 

5 and quality of equipment and installation of equip6 ment through the automobile adaptive equipment 

7 program, including with respect to the defined dif8 ferentiations in levels of modification complexity. 

9 (3) The consistent application of standards for 

10 safety and quality of both equipment and installation 

11 throughout the Department. 

12 (4) The certification of a provider by a third 

13 party organization or manufacturer if the Secretary 

14 designates the quality standards of such organiza15 tion or manufacturer as meeting or exceeding the 

16 standards developed under this section. 

17 (5) The education and training of personnel of 

18 the Department who administer the automobile 

19 adaptive equipment program. 

20 (6) The compliance of the provider with the 

21 Americans with Disabilities Act of 1990 (42 U.S.C. 

22 12101 et seq.) when furnishing automobile adaptive 

23 equipment at the facility of the provider. 


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1 (7) The allowance, where technically appro2 priate, for veterans to receive modifications at their 

3 residence or location of choice. 

4 (c) UPDATES.—Not later than 1 year after the date 

5 of the enactment of this Act, the Secretary shall update 

6 Veterans Health Administration Handbook 1173.4, or any 

7 successor handbook or directive, in accordance with the 

8 policy developed under subsection (a). Not less frequently 

9 than once every 6 years thereafter, the Secretary shall up10 date such handbook, or any successor handbook or direc11 tive. 

12 (d) CONSULTATION.—The Secretary shall develop the 

13 policy under subsection (a), and revise such policy under 

14 subsection (c), in consultation with veterans service orga15 nizations, the National Highway Transportation Adminis16 tration, industry representatives, manufacturers of auto17 mobile adaptive equipment, and other entities with exper18 tise in installing, repairing, replacing, or manufacturing 

19 mobility equipment or developing mobility accreditation 

20 standards for automobile adaptive equipment. 

21 (e) CONFLICTS.—In developing and implementing the 

22 policy under subsection (a), the Secretary shall— 

23 (1) minimize the possibility of conflicts of inter24 est, to the extent practicable; and 


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1 (2) establish procedures that ensure against the 

2 use of a certifying entity referred to in subsection 

3 (b)(4) that has a financial conflict of interest re4 garding the certification of an eligible provider. 

5 (f) BIENNIAL REPORT.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date on which the Secretary updates Veterans 

8 Health Administration Handbook 1173.4, or any 

9 successor handbook or directive, under subsection 

10 (c), and biennially thereafter through 2022, the Sec11 retary shall submit to the Committees on Veterans’ 

12 Affairs of the House of Representatives and the Sen13 ate a report on the implementation and facility com14 pliance with the policy developed under subsection 

15 (a). 

16 (2) CONTENTS.—The report required by para17 graph (1) shall include the following: 

18 (A) A description of the implementation 

19 plan for the policy developed under subsection 

20 (a) and any revisions to such policy under sub21 section (c). 

22 (B) A description of the performance 

23 measures used to determine the effectiveness of 

24 such policy in ensuring the safety of veterans 


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1 enrolled in the automobile adaptive equipment 

2 program. 

3 (C) An assessment of safety issues due to 

4 improper installations based on a survey of re5 cipients of adaptive equipment from the De6 partment. 

7 (D) An assessment of the adequacy of the 

8 adaptive equipment services of the Department 

9 based on a survey of recipients of adaptive 

10 equipment from the Department. 

11 (E) An assessment of the training provided 

12 to the personnel of the Department with respect 

13 to administering the program. 

14 (F) An assessment of the certified pro15 viders of the Department of adaptive equipment 

16 with respect to meeting the minimum standards 

17 developed under subsection (b)(2). 

18 (g) DEFINITIONS.—In this section: 

19 (1) The term ‘‘automobile adaptive equipment 

20 program’’ means the program administered by the 

21 Secretary of Veterans Affairs pursuant to chapter 

22 39 of title 38, United States Code. 

23 (2) The term ‘‘veterans service organization’’ 

24 means any organization recognized by the Secretary 


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1 for the representation of veterans under section 

2 5902 of title 38, United States Code. 

3 SEC. 4. APPOINTMENT OF LICENSED HEARING AID SPE4 CIALISTS IN VETERANS HEALTH ADMINIS5 TRATION. 

6 (a) LICENSED HEARING AID SPECIALISTS.— 

7 (1) APPOINTMENT.—Section 7401(3) of title 

8 38, United States Code, is amended by inserting ‘‘li9 censed hearing aid specialists,’’ after ‘‘Audiol10 ogists,’’. 

11 (2) QUALIFICATIONS.—Section 7402(b)(14) of 

12 such title is amended by inserting ‘‘, hearing aid 

13 specialist’’ after ‘‘dental technologist’’. 

14 (b) REQUIREMENTS.—With respect to appointing 

15 hearing aid specialists under sections 7401 and 7402 of 

16 title 38, United States Code, as amended by subsection 

17 (a), and providing services furnished by such specialists, 

18 the Secretary shall ensure that— 

19 (1) a hearing aid specialist may only perform 

20 hearing services consistent with the hearing aid spe21 cialist’s State license related to the practice of fit22 ting and dispensing hearing aids without excluding 

23 other qualified professionals, including audiologists, 

24 from rendering services in overlapping practice 

25 areas; 


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1 (2) services provided to veterans by hearing aid 

2 specialists shall be provided as part of the non-med3 ical treatment plan developed by an audiologist; and 

4 (3) the medical facilities of the Department of 

5 Veterans Affairs provide to veterans access to the 

6 full range of professional services provided by an au7 diologist. 

8 (c) CONSULTATION.—In determining the qualifica9 tions required for hearing aid specialists and in carrying 

10 out subsection (b), the Secretary shall consult with vet11 erans service organizations, audiologists, 

12 otolaryngologists, hearing aid specialists, and other stake13 holder and industry groups as the Secretary determines 

14 appropriate. 

15 (d) ANNUAL REPORT.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of the enactment of this Act, and annually 

18 thereafter during the 5-year period beginning on the 

19 date of the enactment of this Act, the Secretary of 

20 Veterans Affairs shall submit to Congress a report 

21 on the following: 

22 (A) Timely access of veterans to hearing 

23 health services through the Department of Vet24 erans Affairs. 


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1 (B) Contracting policies of the Department 

2 with respect to providing hearing health serv3 ices to veterans in facilities that are not facili4 ties of the Department. 

5 (2) TIMELY ACCESS TO SERVICES.—Each re6 port shall, with respect to the matter specified in 

7 paragraph (1)(A) for the 1-year period preceding the 

8 submittal of such report, include the following: 

9 (A) The staffing levels of audiologists, 

10 hearing aid specialists, and health technicians 

11 in audiology in the Veterans Health Adminis12 tration. 

13 (B) A description of the metrics used by 

14 the Secretary in measuring performance with 

15 respect to appointments and care relating to 

16 hearing health. 

17 (C) The average time that a veteran waits 

18 to receive an appointment, beginning on the 

19 date on which the veteran makes the request, 

20 for the following: 

21 (i) A disability rating evaluation for a 

22 hearing-related disability. 

23 (ii) A hearing aid evaluation. 

24 (iii) Dispensing of hearing aids. 


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1 (iv) Any follow-up hearing health ap2 pointment. 

3 (D) The percentage of veterans whose total 

4 wait time for appointments described in sub5 paragraph (C), including an initial and follow6 up appointment, if applicable, is more than 30 

7 days. 

8 (3) CONTRACTING POLICIES.—Each report 

9 shall, with respect to the matter specified in para10 graph (1)(B) for the 1-year period preceding the 

11 submittal of such report, include the following: 

12 (A) The number of veterans that the Sec13 retary refers to non-Department audiologists 

14 for hearing health care appointments. 

15 (B) The number of veterans that the Sec16 retary refers to non-Department hearing aid 

17 specialists for follow-up appointments for a 

18 hearing aid evaluation, the dispensing of hear19 ing aids, or any other purpose relating to hear20 ing health. 

Passed the House of Representatives September 12, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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