[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3471 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                     November 17, 2016.
    Resolved, That the bill from the House of Representatives (H.R. 
3471) entitled ``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.'', do pass with the 
following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

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 
        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 
        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--
            (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 
                        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.
                    (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.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                               H.R. 3471

_______________________________________________________________________

                               AMENDMENT