[Congressional Record (Bound Edition), Volume 162 (2016), Part 9]
[House]
[Pages 12318-12320]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  VETERANS MOBILITY SAFETY ACT OF 2016

  Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3471) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3471

       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

[[Page 12319]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Miller) and the gentleman from California (Mr. Takano) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and add extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 3471, as amended, the 
Veterans Mobility Safety Act of 2016.
  This bill is sponsored by my friend and committee member, 
Congresswoman Jackie Walorski from Indiana, and includes a provision 
from H.R. 353, the Veterans' Access to Hearing Health Act of 2015, 
which is sponsored by Congressman Sean Duffy from Wisconsin. I am very 
grateful to both of them for their efforts.
  H.R. 3471, as amended, would direct the Department of Veterans 
Affairs to develop a comprehensive policy regarding quality standards 
for providers who dispense modification services to veterans under the 
Automobile Adaptive Equipment program.
  VA's current handbook governing the Automobile Adaptive Equipment 
program has not been updated since it was released in 2000, despite 
being scheduled for recertification in 2005. Allowing the handbook for 
this important program to get so outdated is troublesome to me, given 
that improperly installed automobile adaptive equipment carries risks 
for our disabled veterans and for all those sharing America's roads.
  The bill would also authorize VA to hire and prescribe qualified 
qualifications for hiring hearing aid specialists. One of my highest 
priorities as chairman has been ensuring that our Nation's veterans 
receive timely access to quality care.
  That is why I was so frustrated by an audit issued by the VA 
inspector general in 2014 which found that VA took 17 to 24 days to 
complete hearing aid repair services and that, nationally, 30 percent 
of veterans waited more than 30 days from the estimated date that the 
VA medical facility had received the hearing aid from a vendor to the 
date the medical facility actually issued the hearing aid to the 
veteran themselves.
  Too many veterans relying on hearing aids cannot wait for weeks or 
months for VA to make repairs, and I am hopeful that, by authorizing VA 
to hire hearing aid specialists to assist with basic hearing aid 
repairs, they will no longer have to wait.
  Mr. Speaker, I urge all of my colleagues to join me in supporting 
this legislation.
  I reserve the balance of my time.

                              {time}  1615

  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker. I rise today in support of this legislation brought 
forward 
by my colleague, Representative Walorski
  This bill directs VA to ensure that an eligible disabled veteran who 
has been provided with an automobile is given the opportunity to make 
personal selections relating to the automobile. The provider of any 
adaptive equipment modification services must be certified by a 
certification organization or the manufacturer of the adaptive 
equipment.
  In addition, the provider of the automobile or adaptive equipment or 
the provider of the modification services must adhere to specific 
requirements under the Americans with Disabilities Act of 1990 and the 
National Highway Traffic Safety Administration Federal Motor Vehicle 
Safety Standards.
  Mr. Speaker, I think these are important protections for those 
veterans who need to personalize the vehicles they drive.
  Mr. Speaker, I urge support for this legislation.
  I reserve the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, at this time, I yield such time 
as she may consume to the gentlewoman from Indiana (Mrs. Walorski). She 
represents the Second Congressional District of Indiana, ``Gin Town.''
  Mrs. WALORSKI. Mr. Speaker, I rise today to urge my colleagues to 
support the Veterans Mobility Safety Act. This legislation will improve 
veterans' care and ensure the quality of the automobile adaptive 
equipment and hearing aids disabled veterans depend on.
  Automotive mobility plays a vital role in helping our disabled 
veterans live a normal life after being wounded on the battlefield. The 
VA's Automobile Adaptive Equipment, or AAE, program provides eligible 
disabled veterans with an automobile or modification, such as 
wheelchair lifts and reduced-effort steering and braking, to existing 
vehicles to improve their quality of life.
  Under the current AAE program, local VA facilities operate based upon 
their own interpretations of VA procedures that haven't been updated 
since 2000. It lacks quality standards for providers as well. As you 
can imagine, this fragmented and outdated system has resulted in cases 
of improperly installed equipment that caused serious safety issues for 
both the veteran and the driving public.
  My legislation requires the VA to develop a comprehensive policy 
regarding quality standards for providers that participate in the AAE 
program in close consultation with a host of stakeholders, including 
veterans service organizations, the National Highway Transportation 
Safety Administration, and industry representatives. The result will be 
a veteran-centric policy that ensures access to safe, quality 
equipment. Lastly, it would require VA to update the AAE program 
handbook to reflect the new policy, along with biennial reports on 
implementation and compliance.
  This legislation also includes Congressman Duffy's bill that would 
allow the VA to utilize hearing aid specialists to help fill the need 
for certain hearing aid services. This legislation will decrease 
audiologists' workload and allow them to focus on special cases and 
complex conditions while also decreasing the wait time for a veteran 
who just needs a quick tweak to their hearing aid.
  I want to thank the chairman for all his work on veterans' issues. I 
want to also thank Representatives Brownley and Ruiz for their work on 
this legislation. Lastly, I want to thank Paralyzed Veterans of America 
for all of their help and all other veterans service organizations for 
all of their hard work advocating for veterans.
  Mr. Speaker, I urge my colleagues to support this commonsense bill.
  Mr. TAKANO. Mr. Speaker, I have no further speakers. I urge my 
colleagues

[[Page 12320]]

to join me in passing H.R. 3471, as amended.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, once again, I urge my colleagues 
to join us in supporting this piece of legislation.
  I yield back the balance of my time.
  Ms. DUCKWORTH. Mr. Speaker, I strongly support the Veterans Mobility 
Safety Act of 2015.
  As a Veteran with a service-connected disability, I have personally 
participated in the Automobile Adaptive Equipment Program (AAEP) and I 
know how valuable this program is to Veterans across the country.
  As a mother of a toddler, I care about the safety of my car more than 
ever. I am committed to making the best choices for my daughter and 
strive to keep her out of danger.
  My story is not unique. There are so many Veterans out there that 
depend on the AAEP to provide transportation for their families.
  Safety and the quality of services provided to our wounded Veterans 
should be a top priority.
  Last Congress, I wrote a letter to the U.S. Department of Veterans 
Affairs (VA) urging them to reevaluate the AAEP because it does not 
require vendors to meet any standards of quality, performance and 
safety.
  I am extremely concerned that this obvious lack of guidelines exposes 
our most vulnerable Veterans to vendors who manufacture and install 
subpar, low quality and dangerous equipment.
  It can also lead to higher maintenance costs and wastes taxpayer 
money.
  Unfortunately, this gap in the statute allows improper and unsafe 
installations for our Veterans and also puts the general driving public 
in harm's way.
  The fix here is simple--we must have high quality and certification 
standards for those who provide automobile adaptive equipment, 
installations and maintenance for disabled Veterans.
  Veterans with disabilities have earned the right to be able to have 
safe, quality adaptive equipment in their cars that meets their needs 
and allows them to live full, independent lives.
  I urge my Colleagues to support this measure, and to remedy the VA's 
lack of minimum standards for the AAE program in order to hold vendors 
accountable, increase quality of VA healthcare and ensure safe driving 
conditions for Veterans, their families and civilians.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Miller) that the House suspend the rules 
and pass the bill, H.R. 3471, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________