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[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.
```