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H.R. 3471 (114th): Veterans Mobility Safety Act of 2016


The text of the bill below is as of Sep 10, 2015 (Introduced).


I

114th CONGRESS

1st Session

H. R. 3471

IN THE HOUSE OF REPRESENTATIVES

September 10, 2015

(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

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.

1.

Short title

This Act may be cited as the Veterans Mobility Safety Act of 2015.

2.

Improvement of provision of automobiles and adaptive equipment by Department of Veterans Affairs

(a)

Automobiles and adaptive equipment

Section 3903 of title 38, United States Code, is amended—

(1)

in subsection (b)—

(A)

by striking Except and inserting (1) Except; and

(B)

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.

;

(2)

in subsection (d)—

(A)

by striking Adaptive and inserting (1) Adaptive; and

(B)

by adding at the end the following new paragraphs:

(2)

For purposes of this subsection, minimum standards shall include that—

(A)

the provider of any adaptive equipment modification services, including the repair, maintenance, or replacement of such equipment, shall be certified in the provision of the modification service performed by—

(i)

a certification organization; or

(ii)

the manufacturer of the adaptive equipment for which the modification services are performed;

(B)

any individual performing such modification services on an automobile shall—

(i)

be certified in the provision of the modification service performed by—

(I)

a certification organization; or

(II)

the manufacturer of the adaptive equipment for the modification services are performed; or

(ii)

be licensed or certified by the State in which the modification service is performed if such service is within the scope of practice, as determined by the State for the service; and

(C)

the provider of the automobile or adaptive equipment or the provider of the modification services for such automobile or adaptive equipment shall—

(i)

adhere to chapter 126 of title 42 (commonly known as the Americans with Disabilities Act of 1990); and

(ii)

adhere to the make inoperative mandates of the National Highway Traffic Safety Administration Federal Motor Vehicle Safety Standards prescribed pursuant to section 30122 of title 49.

(3)

In this subsection:

(A)

The term certification organization means an organization that—

(i)

is recognized as being qualified by the Secretary;

(ii)

is a nonprofit organization;

(iii)

is a national or international organization with an accreditation program for automotive adaptive equipment; and

(iv)

has established standards for recordkeeping and to minimize the possibility of conflicts of interest as determined by the Secretary.

(B)

The term modification services means structural modifications or the addition or installation of adaptive equipment intended to increase, maintain, or improve the functional capacity of a disabled driver to safely drive or ride as a passenger.

.

(b)

Rehabilitative services

Section 1718 of such title is amended by adding at the end the following new subsection:

(h)

In providing rehabilitative services under this chapter, if the Secretary provides adaptive equipment, the Secretary shall ensure that such equipment meets the minimum standards prescribed under section 3903(d)(2) of this title.

.

(c)

Vocational rehabilitation

Section 3104 of such title is amended by adding at the end the following new subsection:

(c)

In providing a rehabilitation program under this chapter, if the Secretary provides adaptive equipment, the Secretary shall ensure that such equipment meets the minimum standards prescribed under section 3903(d)(2) of this title.

.

(d)

Deadline for regulations

Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this section.