Veterans Mobility Safety Act of 2016
PL 114-256 (H.R.3471), enacted 12/14/2016

130 STAT. 1345 
PUBLIC LAW 114–256—DEC. 14, 2016 
Public Law 114–256 
114th Congress 
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 convey-
ance 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 auto-
mobile adaptive equipment program, including with respect 
to the defined differentiations in levels of modification com-
plexity. 
(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 
38 USC 3902 
note. 
38 USC 101 note. 
Veterans 
Mobility Safety 
Act of 2016. 
Dec. 14, 2016 
[H.R. 3471] 
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130 STAT. 1346 
PUBLIC LAW 114–256—DEC. 14, 2016 
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 Depart-
ment who administer the automobile adaptive equipment pro-
gram. 
(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 vet-
erans 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, NON-
PROFIT ORGANIZATIONS.— 
(1) CERTIFICATION
OF
MANUFACTURERS.—The Secretary 
shall approve a manufacturer as a certifying manufacturer 
for purposes of subsection (b)(4), if the manufacturer dem-
onstrates that its certification standards meet or exceed the 
quality standards developed under this section. 
(2) CERTIFICATION OF THIRD PARTY, NONPROFIT ORGANIZA-
TIONS.— 
(A) IN GENERAL.—The Secretary may approve two or 
more private, nonprofit organizations as third party, non-
profit 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 organiza-
tion 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 Vet-
erans Health Administration Handbook 1173.4, or any suc-
cessor 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 hand-
book, 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 
Procedures. 
Deadlines. 
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130 STAT. 1347 
PUBLIC LAW 114–256—DEC. 14, 2016 
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 Administra-
tion 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 fur-
nished by such specialists, the Secretary shall ensure that— 
38 USC 7401 
note. 
Plan. 
Assessments. 
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130 STAT. 1348 
PUBLIC LAW 114–256—DEC. 14, 2016 
(1) a hearing aid specialist may only perform hearing serv-
ices 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 profes-
sional 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, audiol-
ogists, otolaryngologists, hearing aid specialists, and other stake-
holder 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 Vet-
erans 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 vet-
eran makes the request, for the following: 
(i) A disability rating evaluation for a hearing- 
related 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. 
Effective date. 
Time periods. 
38 USC 7401 
note. 
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130 STAT. 1349 
PUBLIC LAW 114–256—DEC. 14, 2016 
LEGISLATIVE HISTORY—H.R. 3471: 
HOUSE REPORTS: No. 114–709 (Comm. on Veterans’ Affairs). 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Sept. 12, considered and passed House. 
Nov. 17, considered and passed Senate, amended. 
Nov. 29, House concurred in Senate amendment. 
(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. 
Approved December 14, 2016. 
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