[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 840 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
1st Session
H. R. 840
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2019
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to provide child care assistance to veterans receiving
certain medical services provided 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' Access to Child Care
Act''.
SEC. 2. CHILD CARE ASSISTANCE FOR VETERANS RECEIVING MENTAL HEALTH CARE
AND OTHER INTENSIVE HEALTH CARE SERVICES PROVIDED BY THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter III of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1730D. Child care assistance for veterans receiving mental
health care and other intensive health care services
``(a) In General.--Subject to subsection (c), the Secretary shall
provide child care assistance to an eligible veteran for any period
that the veteran--
``(1) receives covered health care services at a facility
of the Department, such as a community-based outpatient clinic;
and
``(2) is required to travel to and return from such
facility for the receipt of such health care services.
``(b) Child Care Assistance.--(1) Subject to subsection (c), child
care assistance provided under this section may include any of the
following:
``(A) A stipend for the payment of child care offered by a
licensed child care center or extended day program (either
directly or through a voucher program) which shall be, to the
extent practicable, modeled after the Department of Veterans
Affairs Child Care Subsidy Program established pursuant to
section 590 of title 40.
``(B) Direct provision of child care at an on-site facility
of the Department.
``(C) A payment made directly to a private child care
agency.
``(D) A collaboration with a facility or program of another
Federal department or agency.
``(E) Such other form of assistance as the Secretary
considers appropriate.
``(2) In the case that child care assistance under this section is
provided as a stipend under paragraph (1)(A), such stipend shall cover
the full cost of such child care.
``(3) The Secretary shall establish criteria for providing child
care assistance under paragraph (1) designed to ensure reasonable
access to such assistance for veterans who experience any unusual or
excessive burden to accessing child care services, including excessive
driving distances, geographic challenges, and other environmental
factors that impede such access.
``(c) Condition on Receipt of Assistance.--(1) The Secretary may
not provide any child care assistance under this section to an eligible
veteran who is receiving covered health care services from the
Department unless that eligible veteran actively participates in such
services.
``(2) For purposes of this subsection, the term `actively
participates' means, with respect to covered health care services--
``(A) engaging in transit to and from appointments for such
services;
``(B) attending appointments for such services; and
``(C) such other activities as the Secretary determines
appropriate.
``(d) Annual Report.--
``(1) In general.--The Secretary shall submit to Congress
an annual report on the provision of child care assistance
under this section. Each such report shall include, for the
year covered by the report, each of the following for each of
the categories of child care assistance specified in paragraph
(2):
``(A) The average amount of time required by the
Department to provide a payment for child care
assistance.
``(B) The average cost of child care assistance.
``(C) The extent to which the Department has a
backlog of unprocessed claims for child care
assistance.
``(D) The number of Department employees who worked
on the processing of claims for child care assistance.
``(E) The average amount of time required by such
an employee to process such a claim.
``(F) The number of improper or duplicative
payments of child care assistance made.
``(G) The recommendations of the Secretary for
improving the processing of claims for child care
assistance.
``(2) Categories of child care assistance.--The categories
of child care assistance specified in this paragraph are each
of the following:
``(A) Direct stipends.
``(B) Payments made directly to a child care
agencies.
``(C) Stipends provided through a voucher program.
``(e) Outreach.--The Secretary shall perform outreach to inform
eligible veterans of the child care assistance available under this
section.
``(f) Requirements; Rule of Construction.--(1) In accordance with
paragraph (2), a child care center, child care agency, or any other
child care provider described in subsection (b) may not provide child
care under this section if the center, agency, or provider employs an
individual who has been convicted of a sex crime, an offense involving
a child victim, a violent crime, a drug felony, or other offense the
Secretary determines appropriate.
``(2) Nothing in paragraph (1) shall supersede, nullify, or
diminish any Federal or State law (including any local law or
ordinance), contract, agreement, policy, plan, practice, or other
matter that establishes standards and requirements for employees of
child care centers, child care agencies, or other child care providers
described in subsection (b) that are more restrictive than the
requirements specified in paragraph (1).
``(g) Definitions.--In this section:
``(1) The term `eligible veteran' means a veteran who--
``(A) is a primary caretaker of a child or
children; and
``(B) is--
``(i) receiving covered health care
services from the Department; or
``(ii) in need of covered health care
services, and but for lack of child care
services, would receive such covered health
care services from the Department.
``(2) The term `covered health care services' means--
``(A) regular mental health care services,
including telemental health services furnished by the
Department, including health care services provided as
part of readjustment counseling;
``(B) intensive mental health care services,
including telemental health services furnished by the
Department, including counseling and care and services
under section 1720D of this title;
``(C) health care services related to substance or
drug abuse counseling;
``(D) intensive health care services related to
physical therapy for a service-connected disability;
``(E) emergency mental health care services; or
``(F) such other intensive health care services
that the Secretary determines that provision of
assistance to the veteran to obtain child care would
improve access to such health care services by the
veteran.
``(3) The term `facility of the Department' includes any
Vet Center.
``(4) The term `Vet Center' has the meaning given that term
in section 1712A of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1730C the following new item:
``1730D. Child care assistance for veterans receiving mental health
care and other intensive health care
services.''.
(c) Feasibility Study on Child Care for Veterans Receiving Care in
Non-Department Facilities.--
(1) Study required.--The Secretary of Veterans Affairs
shall conduct a feasibility study to determine how the
Department of Veterans Affairs could provide child care
assistance for veterans who receive covered health care
services (as such term is defined in section 1730D(c)(2) of
title 38, United States Code, as added by subsection (a)) from
the Department at non-Department facilities.
(2) Submission to congress.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
submit to the Committees on Veterans Affairs of the Senate and
House of Representatives a report containing the results of the
study required to be conducted under paragraph (1).
(d) Public Notice.--After the enactment of this Act, the Secretary
shall make publicly available on a Department website notice of the
child care assistance benefit under section 1730D of title 38, United
States Code, as added by subsection (a). Such notice shall be easily
accessible and visible and shall include a description of the expanded
and cost-free child care assistance for veterans, eligibility
requirements, and any additional information the Secretary determines
necessary.
(e) Report to Congress.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to Congress a report on the effectiveness and accessibility of
the child care assistance provided under section 1710D of title 38,
United States Code, as added by this section, for eligible individuals
who reside in rural and highly rural areas.
(f) Authority to Consult With Secretary of Defense.--In
implementing section 1730D of title 38, United States Code, as added by
subsection (a), the Secretary of Veterans Affairs may consult with the
Secretary of Defense.
SEC. 3. STUDY ON EFFECTS OF CHILD CARE ASSISTANCE.
(a) Study Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall conduct
a study of the effects of the child care assistance provided under
section 2 on access to covered health care services, as that term is
defined in that section, and on compliance with treatment protocols.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit a
report to Congress regarding the study required under subsection (a).
SEC. 4. REPORT REQUIRED.
(a) Annual Report.--Beginning in the first fiscal year following
the enactment of this Act, the Secretary of Veterans Affairs shall
submit, as part of the annual budget request document for the
Department of Veterans Affairs, a report regarding eligible veterans
who received child care assistance under section 2 during the
immediately preceding fiscal year. Each such report shall include the
following:
(1) The number of such eligible veterans in each region of
the Veterans Health Administration.
(2) If feasible, the number of such eligible veterans per
facility of the Department.
(3) The amount of funding for such assistance made
available by the Secretary--
(A) for each region of the Veterans Health
Administration; and
(B) for each type of assistance specified in
subsection (b) of such section.
(4) Findings regarding--
(A) challenges in providing such assistance;
(B) child care not covered by such assistance; and
(C) recommendations to improve such assistance.
(b) Biennial Supplement.--Not less than once every two years, the
report under subsection (a) shall include a supplement regarding the
following:
(1) Other challenges regarding child care services that
prevent veterans from receiving covered health care services
under section 2.
(2) Plans of the Secretary to address challenges identified
under paragraph (1).
(3) An assessment of the extent to which lack of education
by the Department or awareness by veterans of the assistance
under section 2 contributes to a lack of use of such
assistance.
Passed the House of Representatives February 8, 2019.
Attest:
KAREN L. HAAS,
Clerk.