I 
118TH CONGRESS 
1ST SESSION H. R. 3554 
To amend title 38, United States Code, to expand access to the Veterans 
Community Care Program of the Department of Veterans Affairs to 
include certain veterans seeking mental health or substance-use services, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2023 
Mr. ZINKE (for himself, Mr. DAVIS of North Carolina, Mr. FINSTAD, Mr. 
ROSENDALE, Mrs. STEEL, Mrs. BICE, Mr. CRANE, Mr. VAN DREW, Mr. 
LUTTRELL, Mr. WEBSTER of Florida, Mr. ROY, Mr. VAN ORDEN, and 
Mr. CRENSHAW) introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to expand access 
to the Veterans Community Care Program of the Depart-
ment of Veterans Affairs to include certain veterans 
seeking mental health or substance-use services, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Veteran 
Community Care Act’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) On June 6, 2018, the John S. McCain III, 
Daniel K. Akaka, and Samuel R. Johnson VA Main-
taining Internal Systems and Strengthening Inte-
grated Outside Networks Act of 2018 (Public Law 
115–182) (in this section referred to as the ‘‘VA 
MISSION Act’’) became law. 
(2) Congressional intent with the VA MISSION 
Act was to reform and replace the program under 
section 101 of the Veterans Access, Choice, and Ac-
countability Act of 2014 (Public Law 113–146; 38 
U.S.C. 1701 note) to ensure access of veterans to 
community health care providers. 
(3) The eligibility standards established by the 
VA MISSION Act were not meant to be used to 
limit health care options for veterans or to be ap-
plied to community providers, which would result in 
reduced health care options. 
(4) Many veterans do not have access to a med-
ical facility of the Department of Veterans Affairs in 
their community and each medical facility of the De-
partment may not be able to adequately address the 
specific health care needs of a particular veteran. 
(5) It was the intent of Congress in the VA 
MISSION Act that all medical services, including 
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mental health treatments and institutional extended 
care services for mental health, were to be available 
to veterans in the community. 
(6) The Department is limiting access of vet-
erans to community care for mental health treat-
ments. 
(7) Despite the best efforts of the Department, 
veteran suicide remains at significant levels through-
out the United States. 
(8) No veteran should have to wait 30 days for 
mental health services to be approved by the Depart-
ment. 
(9) Telehealth appointments represent a valu-
able complementary health care option for under-
served veterans, but do not offer the same quality of 
care as in-person visits to facilities of the Depart-
ment or in the community for veterans in crisis. 
SEC. 3. EXPANSION OF VETERANS COMMUNITY CARE PRO-
GRAM TO INCLUDE ACCESS TO MENTAL 
HEALTH OR SUBSTANCE-USE SERVICES FOR 
VETERANS UNABLE TO TIMELY ACCESS MEN-
TAL HEALTH RESIDENTIAL TREATMENT PRO-
GRAMS. 
(a) IN GENERAL.—Section 1703 of title 38, United 
States Code, is amended— 
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(1) in subsection (d)— 
(A) in paragraph (1) 
(i) in subparagraph (D), by striking 
‘‘; or’’ and inserting a semicolon; 
(ii) in subparagraph (E), by striking 
the period at the end and inserting ‘‘; or’’; 
and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(F) in the case of residential mental health or 
substance-use services, the covered veteran— 
‘‘(i) meets the criteria of the Department 
for priority admission to a Mental Health Resi-
dential Rehabilitation Treatment Program of 
the Department and the Department is unable 
to accommodate such priority admission; or 
‘‘(ii) has contacted the Department to re-
quest such services from a Mental Health Resi-
dential Rehabilitation Treatment Program of 
the Department and the Department is not able 
to furnish such services in a manner than com-
plies with the access standards of the Depart-
ment for specialty care provided under this sec-
tion by a health care provider specified in sub-
section (c).’’; and 
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(B) by adding at the end the following new 
paragraph (4): 
‘‘(4) In the case of a covered veteran entitled to men-
tal health or substance-use services under paragraph 
(1)(F), the Secretary shall ensure that referral of a vet-
eran to an alternate Mental Health Residential Rehabilita-
tion Treatment Program of the Department does not take 
precedence over timely access to such services under this 
section pursuant to such paragraph unless such referral 
is requested by the covered veteran.’’; 
(2) by redesignating subsection (o) as sub-
section (p); and 
(3) by inserting after subsection (n) the fol-
lowing new subsection (o): 
‘‘(o) MINIMUM STANDARDS FOR RESIDENTIAL MEN-
TAL HEALTH OR SUBSTANCE-USE SERVICES.—(1) Sub-
ject to paragraph (2), in furnishing residential mental 
health or substance-use services to covered veterans pursu-
ant to subsection (d)(1)(F), the Secretary shall ensure 
that programs or facilities providing such services under 
this section meet the following standards: 
‘‘(A) A treatment program or facility must be 
licensed and accredited by a State for the provision 
of the services provided. 
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