[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3471 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 548
114th CONGRESS
  2d Session
                                H. R. 3471

                          [Report No. 114-709]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2015

 Mrs. Walorski (for herself, Ms. Brownley of California, Mr. Ruiz, Mr. 
 Duncan of Tennessee, Mr. Barr, and Mr. Curbelo of Florida) introduced 
 the following bill; which was referred to the Committee on Veterans' 
                                Affairs

                           September 6, 2016

  Additional sponsors: Mr. Amodei, Ms. Michelle Lujan Grisham of New 
   Mexico, Mr. Costello of Pennsylvania, Mr. Lamborn, Mr. Carson of 
 Indiana, Mr. Shuster, Mr. Lowenthal, Ms. Judy Chu of California, Ms. 
 Jenkins of Kansas, Mr. Ryan of Ohio, Mrs. Capps, Mr. Jody B. Hice of 
Georgia, Ms. Sinema, Mr. Cook, Ms. Titus, Mr. Engel, Mr. McDermott, Mr. 
  Luetkemeyer, Ms. McSally, Ms. Kuster, Mr. Thompson of Pennsylvania, 
 Mrs. Radewagen, Mrs. Brooks of Indiana, Mr. Roskam, Mr. Poe of Texas, 
 Mr. Marchant, Mr. Becerra, Mr. Honda, Mr. Burgess, Mr. Coffman, Mrs. 
Hartzler, Mr. Duffy, Mr. Cole, Mr. Bucshon, Mr. Sensenbrenner, Mr. Hurd 
of Texas, Mr. Cramer, Mr. Pocan, Mr. Bera, Mr. Yarmuth, Mr. Vargas, Mr. 
Polis, Mr. Jeffries, Mr. Castro of Texas, Mr. Vela, and Ms. Frankel of 
                                Florida

                           September 6, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 10, 2015]


_______________________________________________________________________

                                 A BILL


 
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) The certification of a provider by a third party 
        organization or manufacturer if the Secretary designates the 
        quality standards of such organization or manufacturer as 
        meeting or exceeding the standards developed under this 
        section.
            (5) The education and training of personnel of the 
        Department who administer the automobile adaptive equipment 
        program.
            (6) 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.
            (7) The allowance, where technically appropriate, for 
        veterans to receive modifications at their residence or 
        location of choice.
    (c) Updates.--Not later than one 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). Not less 
frequently than once every six years thereafter, the Secretary shall 
update such handbook, or any successor handbook or directive.
    (d) Consultation.--The Secretary shall develop the policy under 
subsection (a), and revise such policy under subsection (c), 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.
    (e) 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 entity referred to in subsection (b)(4) that has a 
        financial conflict of interest regarding the certification of 
        an eligible provider.
    (f) Biennial Report.--
            (1) In general.--Not later than one year after the date on 
        which the Secretary updates Veterans Health Administration 
        Handbook 1173.4, or any successor handbook or directive, under 
        subsection (c), and biennially thereafter through 2022, the 
        Secretary shall submit to the Committees on Veterans' Affairs 
        of the House of Representatives and the Senate 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 (c).
                    (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).
    (g) Definitions.--In this section:
            (1) 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) 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 one year after the date of 
        the enactment of this Act, and annually thereafter during the 
        five-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 
        one-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 one-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.
                                                 Union Calendar No. 548

114th CONGRESS

  2d Session

                               H. R. 3471

                          [Report No. 114-709]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                           September 6, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed