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[House Report 116-6]
[From the U.S. Government Publishing Office]

116th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {         116-6

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 840) 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; PROVIDING FOR 
 THE ADOPTION OF THE RESOLUTION (H. RES. 86) PROVIDING AMOUNTS FOR THE 
 EXPENSES OF THE SELECT COMMITTEE ON THE CLIMATE CRISIS AND THE SELECT 
     COMMITTEE ON THE MODERNIZATION OF CONGRESS; AND PROVIDING FOR 
             CONSIDERATION OF MOTIONS TO SUSPEND THE RULES.

                                _______
                                

  February 6, 2019.--Referred to the House Calendar and ordered to be 
                                printed.

                                _______
                                

               Mr. Morelle, from the Committee on Rules,
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 105]

    The Committee on Rules, having had under consideration 
House Resolution 105, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 840, the 
Veterans' Access to Child Care Act, under a structured rule. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Veterans' Affairs. The resolution waives 
all points of order against consideration of the bill. The 
resolution makes in order as original text for purpose of 
amendment the amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 116-3 and 
provides that it shall be considered as read. The resolution 
waives all points of order against that amendment in the nature 
of a substitute. The resolution makes in order only those 
further amendments printed in this report. Each such amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides one motion to recommit with or 
without instructions. The resolution provides that House 
Resolution 86 is hereby adopted. The resolution provides that 
it shall be in order at any time through the legislative day of 
February 15, 2019, for the Speaker to entertain motions that 
the House suspend the rules and that the Speaker or her 
designee shall consult with the Minority Leader or his designee 
on the designation of any matter for consideration pursuant to 
this section.

                         EXPLANATION OF WAIVERS

    The waivers of all points of order against consideration of 
the bill and against the amendment in the nature of a 
substitute made in order as original text include waivers of 
clause 12(a) of rule XXI, which prohibits consideration of a 
bill or amendment in the nature of a substitute unless there is 
a searchable electronic comparative print that shows how the 
bill or amendment proposes to change current law.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 12

    Motion by Mr. Cole to make in order and provide the 
necessary waivers for amendment #20 offered by Representative 
Bilirakis (FL), which would offset the bill by extending the 
current funding fee rates for the use of certain VA Home Loans 
through December 31, 2028. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Ms. Matsui......................................          Nay   Mr. Burgess.......................          Yea
Mr. Perlmutter..................................          Nay   Mrs. Lesko........................          Yea
Mr. Raskin......................................          Nay
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Brindisi (NY), Kuster (NH): Clarifies that veterans who 
receive covered health care services at VA community-based 
outpatient clinics are eligible for child care assistance. (10 
minutes)
    2. Radewagen (AS): Clarifies that the child care benefit be 
made available for veterans while they are traveling to or 
attending VA appointments and not at any other time. (10 
minutes)
    3. Rose, Max (NY): Include substance or drug abuse 
counseling in the definition of ``covered health care 
services.'' (10 minutes)
    4. Bergman (MI): Prohibits VA from constructing new 
structures to be used as childcare centers. (10 minutes)
    5. Lee, Susie (NV), Lesko (AZ): Specifies that all Vet 
Centers, not just Vet Centers located within a physical area in 
which VA has jurisdiction, would also be a place where veterans 
could be eligible for no-cost child care. (10 minutes)
    6. Barr (KY): Require a study of the effects of child care 
assistance provided under section 2 of the underlying bill and 
on compliance with treatment protocols. (10 minutes)
    7. Cisneros (CA), Welch (VT): Requires the Secretary of 
Veterans Affairs to 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 from non-Department facilities. (10 minutes)
    8. Cisneros (CA): Include intensive health care services 
related to physical therapy for a service-connected disability 
in the definition of ``covered health care services.'' (10 
minutes)
    9. Davis, Rodney (IL), Panetta (CA): Prevents 
interpretation by the VA that only one of the two parents could 
be considered the primary caretaker. (10 minutes)
    10. Sablan (MP): Clarifies that veterans who receive 
telemental health services furnished by the Department as 
opposed to in-person mental health services would be eligible 
for child care assistance authorized under the bill. (10 
minutes)
    11. Cloud (TX): Directs the Department of Veterans Affairs 
(VA) to conduct an annual report to Congress on its processing 
system for child care payments to veterans and private care 
providers. Moreover, the VA must identify the number of 
unprocessed child care claims that have been left unresolved in 
its report. (10 minutes)
    12. Allred (TX), Sherrill (NJ), Torres, Norma (CA): Require 
the Secretary to provide public notification on VA.gov to 
ensure veterans are aware of the expanded, cost-free child care 
services within this Act, and to perform outreach to inform 
eligible veterans. (10 minutes)
    13. Moore (WI): Require annual reports on participation in 
this program and biannual reports on any other child care 
related barriers that remain for veterans seeking care at VA 
medical facilities. (10 minutes)
    14. Kuster (NH): Require the Secretary to establish 
criteria for furnishing child care assistance to eligible 
veterans that accounts for unusual or excessive access burdens, 
such as excessive driving distance, geographic challenges, and 
other environmental factors. It would also correct a technical 
error to the Rules Committee print. (10 minutes)
    15. Delgado (NY), Lawrence (MI): Adds extended day programs 
to the child care services that can receive stipends. Extended 
day programs are before and after school programs held at 
educational institutions for students whose parents have 
obligations prior to school hours and/or obligations that 
extend beyond school hours. (10 minutes)
    16. Delgado (NY), Stefanik (NY), Harder (CA): Include under 
definitions in the Health Care Services, Emergency Mental 
Health Care Services, which provide immediate assistance to 
individuals experiencing a mental health crisis. The goals are 
to prevent the crisis from worsening, relieve immediate 
distress, and prevent individuals from harming themselves and/
or others. (10 minutes)
    17. Golden (ME), Kuster (NH): Expands the scope of services 
under which a veteran would qualify for free child care to 
include health care services provided as part of readjustment 
counseling. (10 minutes)
    18. Golden (ME), Brindisi (NY): Directs the Secretary of 
Veterans Affairs to submit a report to Congress regarding the 
accessibility and effectiveness of the program for eligible 
individuals who reside in rural and highly rural areas. (10 
minutes)
    19. Sherrill (NJ): States that child care providers may not 
provide child care under the bill if they employ 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 deems appropriate. It also states that nothing in 
the amendment would lower more restrictive existing federal, 
state, or local standards of hiring and screening at child care 
centers within this Act. (10 minutes)
    20. Sherrill (NJ), Kuster (NH), Moore (WI): Amends the bill 
to specifically include Military Sexual Trauma counseling and 
care services under section 1720D of title 38 in the definition 
of `covered health care services.' (10 minutes)
    21. Slotkin (MI): Provide authority for the Secretary of 
Veterans Affairs to consult with the Secretary of Defense in 
implementing the bill. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Brindisi of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 2, insert ``, such as a community-based 
outpatient clinic'' after ``Department''.
                              ----------                              

 2. An Amendment To Be Offered by Representative Radewagen of American 
            Samoa or Her Designee, Debatable for 10 Minutes

  Page 3, line 4, strike ``The Secretary'' and insert ``Subject 
to subsection (c), the Secretary''.
  Page 3, after line 24, insert the following:
  ``(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.''.
  Page 3, line 25, strike ``(c)'' and insert ``(d)''.
                              ----------                              

3. An Amendment To Be Offered by Representative Rose of New York or His 
                   Designee, Debatable for 10 Minutes

  Page 3, line 16, strike ``or'';
  Page 3, after line 16, insert the following:
                  ``(C) health care services related to 
                substance or drug abuse counseling; or''.
  Page 3, line 17, strike ``(C)'' and insert ``(D)''.
                              ----------                              

4. An Amendment To Be Offered by Representative Bergman of Michigan or 
                 His Designee, Debatable for 10 Minutes

  At the end, add the following section:

SEC. 3. PROHIBITION ON USE OF FUNDS FOR CHILD CARE ASSISTANCE TO 
                    CONSTRUCT NEW CHILD CARE FACILITIES.

  The Secretary of Veterans Affairs may not use funds made 
available for child care assistance provided under section 
1730D of title 38, United States Code, as added by section 2, 
to construct any new child care facility.
                              ----------                              

 5. An Amendment To Be Offered by Representative Lee of Nevada or Her 
                   Designee, Debatable for 10 Minutes

  Page 3, after line 21, insert the following:
          ``(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.''.
                              ----------                              

6. An Amendment To Be Offered by Representative Barr of Kentucky or His 
                   Designee, Debatable for 10 Minutes

  At the end, add the following:

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).
                              ----------                              

   7. An Amendment To Be Offered by Representative Cisneros, Jr. of 
          California or His Designee, Debatable for 10 Minutes

  At the end of the bill, insert the following:
  (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).
                              ----------                              

   8. An Amendment To Be Offered by Representative Cisneros, Jr. of 
          California or His Designee, Debatable for 10 Minutes

  Page 3, line 16, strike ``or'';
  Page 3, after line 16, insert the following:
                  ``(C) intensive health care services related 
                to physical therapy for a service-connected 
                disability; or''.
  Page 3, line 17, strike ``(C)'' and insert ``(D)''.
                              ----------                              

 9. An Amendment To Be Offered by Representative Davis of Illinois or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 3, strike ``the'' and insert ``a''.
                              ----------                              

  10. An Amendment To Be Offered by Representative Sablan of Northern 
       Mariana Islands or His Designee, Debatable for 10 Minutes

  Page 3, line 14, insert ``, including telemental health 
services furnished by the Department'' after ``services''.
  Page 3, line 15, insert ``, including telemental health 
services furnished by the Department'' after ``services''.
                              ----------                              

11. An Amendment To Be Offered by Representative Cloud of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 2, after line 24, insert the following:
  ``(c) 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.''.
  Page 2, line 25, strike ``(c)'' and insert ``(d)''.
                              ----------                              

12. An Amendment To Be Offered by Representative Allred of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 2, after line 24, insert the following:
  ``(c) Outreach.--The Secretary shall perform outreach to 
inform eligible veterans of the child care assistance available 
under this section.''.
  Page 2, line 25, strike ``(c)'' and insert ``(d)''.
  Add at the end the following:
  (c) 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.
                              ----------                              

13. An Amendment To Be Offered by Representative Moore of Wisconsin or 
                 Her Designee, Debatable for 10 Minutes

  At the end, add the following new section:

SEC. 3. 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.
                              ----------                              

    14. An Amendment To Be Offered by Representative Kuster of New 
          Hampshire or Her Designee, Debatable for 10 Minutes

  Page 2, line 3, insert ``to'' after ``required''.
  Page 2, after line 24, insert the following:
  ``(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.''.
                              ----------                              

15. An Amendment To Be Offered by Representative Delgado of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 9, insert ``or extended day program'' after 
``child care center''.
                              ----------                              

16. An Amendment To Be Offered by Representative Delgado of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 16, strike ``or'';
  Page 3, after line 16, insert the following:
                  ``(C) emergency mental health care services; 
                or''.
  Page 3, line 17, strike ``(C)'' and insert ``(D)''.
                              ----------                              

17. An Amendment To Be Offered by Representative Golden of Maine or His 
                   Designee, Debatable for 10 Minutes

  Page 3, line 14, after ``services'' insert ``, including 
health care services provided as part of readjustment 
counseling''.
                              ----------                              

18. An Amendment To Be Offered by Representative Golden of Maine or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill, insert the following:
  (c) 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.
                              ----------                              

19. An Amendment To Be Offered by Representative Sherrill of New Jersey 
               or Her Designee, Debatable for 10 Minutes

  Page 2, line 5, strike ``Child care'' and insert ``Subject to 
subsection (c), child care''.
  Page 2, after line 24, insert the following:
  ``(c) 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).''.
  Page 2, line 25, strike ``(c)'' and insert ``(d)''.
                              ----------                              

20. An Amendment To Be Offered by Representative Sherrill of New Jersey 
               or Her Designee, Debatable for 10 Minutes

  Page 3, line 15, insert ``, including counseling and care and 
services under section 1720D of this title'' before the 
semicolon.
                              ----------                              

21. An Amendment To Be Offered by Representative Slotkin of Michigan or 
                 Her Designee, Debatable for 10 Minutes

  At the end of section 2, add the following new subsection:
  (c) 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.

                                  [all]
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