H. R. 3471 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

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

of 2016’’. 

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.’’. 

SEC. 3. COMPREHENSIVE POLICY FOR THE AUTOMOBILES ADAPTIVE 

EQUIPMENT PROGRAM. 

(a) COMPREHENSIVE POLICY.—The Secretary of Veterans Affairs 

shall develop a comprehensive policy regarding quality standards 

for providers who provide modification services to veterans under 

the automobile adaptive equipment program. 

(b) SCOPE.—The policy developed under subsection (a) shall 

cover each of the following: 

(1) The Department of Veterans Affairs-wide management 

of the automobile adaptive equipment program. 

(2) The development of standards for safety and quality 

of equipment and installation of equipment through the automobile adaptive equipment program, including with respect 

to the defined differentiations in levels of modification complexity. 

(3) The consistent application of standards for safety and 

quality of both equipment and installation throughout the 

Department. 

(4) In accordance with subsection (c)(1), the certification 

of a provider by a manufacturer if the Secretary designates 

the quality standards of such manufacturer as meeting or 

exceeding the standards developed under this section. 

(5) In accordance with subsection (c)(2), the certification 

of a provider by a third party, nonprofit organization if the 
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Secretary designates the quality standards of such organization 

as meeting or exceeding the standards developed under this 

section. 

(6) The education and training of personnel of the Department who administer the automobile adaptive equipment program. 

(7) The compliance of the provider with the Americans 

with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when 

furnishing automobile adaptive equipment at the facility of 

the provider. 

(8) The allowance, where technically appropriate, for veterans to receive modifications at their residence or location 

of choice, including standards that ensure such receipt and 

notification to veterans of the availability of such receipt. 

(c) CERTIFICATION OF MANUFACTURERS AND THIRD PARTY, NONPROFIT ORGANIZATIONS.— 

(1) CERTIFICATION OF MANUFACTURERS.—The Secretary 

shall approve a manufacturer as a certifying manufacturer 

for purposes of subsection (b)(4), if the manufacturer demonstrates that its certification standards meet or exceed the 

quality standards developed under this section. 

(2) CERTIFICATION OF THIRD PARTY, NONPROFIT ORGANIZATIONS.— 

(A) IN GENERAL.—The Secretary may approve two or 

more private, nonprofit organizations as third party, nonprofit certifying organizations for purposes of subsection 

(b)(5). 

(B) LIMITATION.—If at any time there is only one third 

party, nonprofit certifying organization approved by the 

Secretary for purposes of subsection (b)(5), such organization shall not be permitted to provide certifications under 

such subsection until such time as the Secretary approves 

a second third party, nonprofit certifying organization for 

purposes of such subsection. 

(d) UPDATES.— 

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

of the enactment of this Act, the Secretary shall update Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, in accordance with the policy 

developed under subsection (a). 

(2) SUBSEQUENT UPDATES.—Not less frequently than once 

every 6 years thereafter, the Secretary shall update such handbook, or any successor handbook or directive. 

(e) CONSULTATION.—The Secretary shall develop the policy 

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

in consultation with veterans service organizations, the National 

Highway Transportation Administration, industry representatives, 

manufacturers of automobile adaptive equipment, and other entities 

with expertise in installing, repairing, replacing, or manufacturing 

mobility equipment or developing mobility accreditation standards 

for automobile adaptive equipment. 

(f) CONFLICTS.—In developing and implementing the policy 

under subsection (a), the Secretary shall— 

(1) minimize the possibility of conflicts of interest, to the 

extent practicable; and 

(2) establish procedures that ensure against the use of 

a certifying organization referred to in subsection (b)(5) that 
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has a financial conflict of interest regarding the certification 

of an eligible provider. 

(g) BIENNIAL REPORT.— 

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

on which the Secretary updates Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, 

under subsection (d), and not less frequently than once every 

other year thereafter through 2022, the Secretary shall submit 

to the Committee on Veterans’ Affairs of the Senate and the 

Committee on Veterans’ Affairs of the House of Representatives 

a report on the implementation and facility compliance with 

the policy developed under subsection (a). 

(2) CONTENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the implementation plan for the 

policy developed under subsection (a) and any revisions 

to such policy under subsection (d). 

(B) A description of the performance measures used 

to determine the effectiveness of such policy in ensuring 

the safety of veterans enrolled in the automobile adaptive 

equipment program. 

(C) An assessment of safety issues due to improper 

installations based on a survey of recipients of adaptive 

equipment from the Department. 

(D) An assessment of the adequacy of the adaptive 

equipment services of the Department based on a survey 

of recipients of adaptive equipment from the Department. 

(E) An assessment of the training provided to the 

personnel of the Department with respect to administering 

the program. 

(F) An assessment of the certified providers of the 

Department of adaptive equipment with respect to meeting 

the minimum standards developed under subsection (b)(2). 

(h) DEFINITIONS.—In this section: 

(1) AUTOMOBILE ADAPTIVE EQUIPMENT PROGRAM.—The term 

‘‘automobile adaptive equipment program’’ means the program 

administered by the Secretary of Veterans Affairs pursuant 

to chapter 39 of title 38, United States Code. 

(2) VETERANS SERVICE ORGANIZATION.—The term ‘‘veterans 

service organization’’ means any organization recognized by 

the Secretary for the representation of veterans under section 

5902 of title 38, United States Code. 

SEC. 4. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN 

VETERANS HEALTH ADMINISTRATION. 

(a) LICENSED HEARING AID SPECIALISTS.— 

(1) APPOINTMENT.—Section 7401(3) of title 38, United 

States Code, is amended by inserting ‘‘licensed hearing aid 

specialists,’’ after ‘‘Audiologists,’’. 

(2) QUALIFICATIONS.—Section 7402(b)(14) of such title is 

amended by inserting ‘‘, hearing aid specialist’’ after ‘‘dental 

technologist’’. 

(b) REQUIREMENTS.—With respect to appointing hearing aid 

specialists under sections 7401 and 7402 of title 38, United States 

Code, as amended by subsection (a), and providing services furnished by such specialists, the Secretary shall ensure that— 
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(1) a hearing aid specialist may only perform hearing services consistent with the hearing aid specialist’s State license 

related to the practice of fitting and dispensing hearing aids 

without excluding other qualified professionals, including 

audiologists, from rendering services in overlapping practice 

areas; 

(2) services provided to veterans by hearing aid specialists 

shall be provided as part of the non-medical treatment plan 

developed by an audiologist; and 

(3) the medical facilities of the Department of Veterans 

Affairs provide to veterans access to the full range of professional services provided by an audiologist. 

(c) CONSULTATION.—In determining the qualifications required 

for hearing aid specialists and in carrying out subsection (b), the 

Secretary shall consult with veterans service organizations, audiologists, otolaryngologists, hearing aid specialists, and other stakeholder and industry groups as the Secretary determines appropriate. 

(d) ANNUAL REPORT.— 

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

of the enactment of this Act, and annually thereafter during 

the 5-year period beginning on the date of the enactment of 

this Act, the Secretary of Veterans Affairs shall submit to 

Congress a report on the following: 

(A) Timely access of veterans to hearing health services 

through the Department of Veterans Affairs. 

(B) Contracting policies of the Department with respect 

to providing hearing health services to veterans in facilities 

that are not facilities of the Department. 

(2) TIMELY ACCESS TO SERVICES.—Each report shall, with 

respect to the matter specified in paragraph (1)(A) for the 

1-year period preceding the submittal of such report, include 

the following: 

(A) The staffing levels of audiologists, hearing aid 

specialists, and health technicians in audiology in the Veterans Health Administration. 

(B) A description of the metrics used by the Secretary 

in measuring performance with respect to appointments 

and care relating to hearing health. 

(C) The average time that a veteran waits to receive 

an appointment, beginning on the date on which the veteran makes the request, for the following: 

(i) A disability rating evaluation for a hearingrelated disability. 

(ii) A hearing aid evaluation. 

(iii) Dispensing of hearing aids. 

(iv) Any follow-up hearing health appointment. 

(D) The percentage of veterans whose total wait time 

for appointments described in subparagraph (C), including 

an initial and follow-up appointment, if applicable, is more 

than 30 days. 

(3) CONTRACTING POLICIES.—Each report shall, with respect 

to the matter specified in paragraph (1)(B) for the 1-year period 

preceding the submittal of such report, include the following: 

(A) The number of veterans that the Secretary refers 

to non-Department audiologists for hearing health care 

appointments. 
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(B) The number of veterans that the Secretary refers 

to non-Department hearing aid specialists for follow-up 

appointments for a hearing aid evaluation, the dispensing 

of hearing aids, or any other purpose relating to hearing 

health. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.