[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3471 Enrolled Bill (ENR)]

        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 
    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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.