To improve military family readiness.

I 116TH CONGRESS 2D SESSION H. R. 6489 To improve military family readiness. IN THE HOUSE OF REPRESENTATIVES APRIL 10, 2020 Mr. THORNBERRY (for himself and Mr. KELLY of Mississippi) introduced the following bill; which was referred to the Committee on Armed Services A BILL To improve military family readiness. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. FAMILY READINESS: DEFINITIONS; COMMU- 3 NICATION STRATEGY; REPORT. 4 (a) DEFINITIONS.—Not later than six months after 5 the date of the enactment of this Act, the Secretary of 6 Defense, in coordination with the Secretaries of the mili- 7 tary departments, shall define the terms ‘‘military family 8 readiness’’ and ‘‘military family resiliency’’. 9 (b) COMMUNICATION STRATEGY.—Not later than one 10 year after the date of the enactment of this Act, the Sec- 11 retary of Defense, in coordination with the Secretaries of 12 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6489 IH the military departments, shall establish and implement 1 a strategy regarding communication with military fami- 2 lies. The strategy shall include the following: 3 (1) The use of a variety of modes of commu- 4 nication to ensure the broadest means of commu- 5 nicating with military families. 6 (2) Updating an existing annual standardized 7 survey that assesses military family readiness to ad- 8 dress the following issues: 9 (A) Communication with beneficiaries. 10 (B) Child care. 11 (C) Education. 12 (D) Spousal employment. 13 (E) The Exceptional Family Member Pro- 14 gram. 15 (F) Financial literacy. 16 (G) Financial stress. 17 (H) Health care (including copayments, 18 network adequacy, and the availability of ap- 19 pointments with health care providers). 20 (c) REPORT.—Not later than 180 days after the date 21 of the enactment of the Act, the Secretary of Defense shall 22 submit to the Committees on Armed Services of the Sen- 23 ate and the House of Representatives a report regarding 24 the feasibility of implementing the recommendations in— 25 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6489 IH (1) chapter 3 of the report of the Inspector 1 General of the Department of Defense for fiscal year 2 2020, ‘‘Ensuring Wellness and Wellbeing of Service- 3 Members and their Families’’; and 4 (2) the report, dated July 2019, of the National 5 Academies of Science, Engineering and Medicine, ti- 6 tled ‘‘Strengthening the Military Family Readiness 7 System for a Changing American Society’’. 8 SEC. 2. STANDARDIZATION OF THE EXCEPTIONAL FAMILY 9 MEMBER PROGRAM. 10 (a) POLICY.—Not later than six months after the 11 date of the enactment of this Act, the Secretary of De- 12 fense, in coordination with the Secretaries of the military 13 departments, shall, to the extent practicable, standardize 14 the Exceptional Family Member Program (in this section 15 referred to as the ‘‘EFMP’’) across the military depart- 16 ments. 17 (b) ELEMENTS.—The EFMP, standardized under 18 subsection (a), shall include the following: 19 (1) Processes for the identification and enroll- 20 ment of dependents of covered members with special 21 needs. 22 (2) A process for the permanent change of or- 23 ders for covered members, to ensure seamless con- 24 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6489 IH tinuity of services at the new permanent duty sta- 1 tion. 2 (3) A review process for installations to ensure 3 that health care furnished through the TRICARE 4 program, special needs education programs, and in- 5 stallation-based family support programs are avail- 6 able to military families enrolled in the EFMP. 7 (4) A standardized respite care benefit across 8 the covered Armed Forces, including the number of 9 hours available under such benefit to military fami- 10 lies enrolled in the EFMP. 11 (5) Outcomes and metrics to evaluate the 12 EFMP. 13 (6) A requirement that the Secretary of each 14 military department provide a dedicated EFMP at- 15 torney, who specializes in education law, at each 16 military installation— 17 (A) the Secretary determines is a primary 18 receiving installation for military families with 19 special needs; and 20 (B) in a State that the Secretary deter- 21 mines has historically not supported families 22 enrolled in the EFMP. 23 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6489 IH (7) The option for a family enrolled in the 1 EFMP to continue to receive all services under that 2 program and the bachelor allowance for housing if— 3 (A) the covered member receives a new 4 permanent duty station; and 5 (B) the covered member and family elect 6 for the family not to relocate with the covered 7 member. 8 (8) A process to discuss policy challenges and 9 opportunities, best practices adopted across the cov- 10 ered Armed Forces, a forum period for discussion 11 with members of military families with special needs, 12 and other matters the Secretary of Defense deter- 13 mines appropriate. 14 (c) CASE MANAGEMENT.—The Secretary of Defense, 15 in coordination with the Secretaries of the military depart- 16 ments, shall develop an EFMP case management model, 17 including the following: 18 (1) A single EFMP office, located at the head- 19 quarters of each covered Armed Force, to oversee 20 implementation of the EFMP and coordinate health 21 care services, permanent change of station order 22 processing, and educational support services for that 23 covered Armed Force. 24 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6489 IH (2) An EFMP office at each military installa- 1 tion with case managers to assist each family of a 2 covered member in the development of a plan that 3 addresses the areas specified in subsection (b)(1). 4 (d) REPORT.—Not later than 180 days after the date 5 of the enactment of the Act, the Secretary of Defense shall 6 submit to the Committees on Armed Services of the Sen- 7 ate and the House of Representatives a report on the im- 8 plementation of the items identified under subsections (a), 9 (b), and (c), including any recommendations of the Sec- 10 retary regarding legislation. 11 (e) GAO REPORT.—Not later than one year after the 12 date of the enactment of this Act, the Comptroller General 13 of the United States shall submit to the Committees on 14 Armed Services of the Senate and the House of Represent- 15 atives a report on— 16 (1) whether military families have higher rates 17 of disputes and loss of free and appropriate public 18 education under section 504 of the Rehabilitation 19 Act of 1973 (Public Law 93–112; 29 U.S.C. 794) 20 than civilian counterparts; and 21 (2) an analysis of the number of due process 22 hearings that were filed by school districts against 23 children of members of the Armed Forces. 24 (f) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6489 IH (1) The term ‘‘covered Armed Force’’ means an 1 Armed Force under the jurisdiction of the Secretary 2 of a military department. 3 (2) The term ‘‘covered member’’ means a mem- 4 ber— 5 (A) of a covered Armed Force; and 6 (B) with a dependent with special needs. 7 SEC. 3. CHILD CARE. 8 (a) 24-HOUR CHILD CARE.—If the Secretary of De- 9 fense determines it feasible, the Secretary shall furnish 10 child care to each child of a member of the Armed Forces 11 or employee of the Department of Defense while that 12 member or employee works on rotating shifts at a military 13 installation. 14 (b) METRICS.—Not later than six months after the 15 date of the enactment of this Act, the Secretary of Defense 16 shall develop and implement metrics to evaluate the effec- 17 tiveness of the child care priority system of the Depart- 18 ment of Defense, including— 19 (1) the speed of placement for children of mem- 20 bers of the Armed Forces on active duty; 21 (2) the type of child care offered; 22 (3) available spaces in such system, if any; and 23 (4) other metrics to monitor the child care pri- 24 ority system determined by the Secretary. 25 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6489 IH (c) REPORT.—Not later than 180 days after the date 1 of the enactment of the Act, the Secretary of Defense shall 2 submit to the Committees on Armed Services of the Sen- 3 ate and the House of Representatives a report regarding 4 the results of a study that evaluates— 5 (1) the sufficiency of the stipend furnished by 6 the Secretary to members of the Armed Forces re- 7 ceived for civilian child care; and 8 (2) whether the amount of such stipend should 9 be based on— 10 (A) cost of living in the applicable locale; 11 and 12 (B) the capacity of licensed civilian child 13 care providers in the local market. 14 SEC. 4. STUDY AND REPORT ON THE PERFORMANCE OF 15 THE DEPARTMENT OF DEFENSE EDUCATION 16 ACTIVITY. 17 (a) STUDY.—The Secretary of Defense shall conduct 18 a study on the performance of the Department of Defense 19 Education Activity. 20 (b) ELEMENTS.—The study under subsection (a) 21 shall include the following: 22 (1) A review of the curriculum relating to 23 health, resiliency, and nutrition taught in schools op- 24 erated by the Department of Defense Education Ac- 25 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6489 IH tivity and a comparison of such curriculum to appro- 1 priate education benchmarks. 2 (2) An analysis of the outcomes experienced by 3 students in such schools, as measured by— 4 (A) the performance of such students on 5 the National Assessment of Educational 6 Progress carried out under section 303(b)(3) of 7 the National Assessment of Educational 8 Progress Authorization Act (20 U.S.C. 9 9622(b)(3)); and 10 (B) any other methodologies used by the 11 Department of Defense Education Activity to 12 measure individual student outcomes. 13 (3) An assessment of the effectiveness of the 14 School Liaison Officer program of the Department 15 of Defense Education Activity in achieving the goals 16 of the program with an emphasis on goals relating 17 to special education and family outreach. 18 (c) REPORT.—Not later than 180 days after the date 19 of the enactment of the Act, the Secretary of Defense shall 20 submit to the Committees on Armed Services of the Sen- 21 ate and the House of Representatives a report that in- 22 cludes the findings of the study conducted under sub- 23 section (a). 24 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 6489 IH SEC. 5. REPORT ON AUTISM TREATMENTS PROVIDED 1 UNDER TRICARE PROGRAM. 2 (a) REPORT.—Not later than one year after the date 3 of the enactment of this Act, the Secretary of Defense 4 shall submit to the Committees on Armed Services of the 5 Senate and the House of Representatives a report assess- 6 ing the effectiveness of autism treatment methodologies 7 under the TRICARE program and the prevalence of au- 8 tism among dependents of members of the Armed Forces. 9 (b) ELEMENTS.—The report under subsection (a) 10 shall include the following: 11 (1) An assessment of the effectiveness of ap- 12 plied behavioral analysis and other autism treatment 13 methodologies covered under the TRICARE pro- 14 gram, including an independent assessment con- 15 ducted by an academic institution or other similar 16 nongovernmental entity of the Pervasive Develop- 17 mental Disorder Behavior Inventory as a basis for 18 drawing conclusions regarding such treatment. 19 (2) A descriptive analysis of copayment and 20 other out-of-pocket expenses for covered beneficiaries 21 who receive benefits under the Department of De- 22 fense Comprehensive Autism Care Demonstration 23 program. 24 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 6489 IH (3) A comparison of rates of autism among de- 1 pendents of members of the Armed Forces and such 2 rates among the civilian population. 3 (c) TRICARE PROGRAM DEFINED.—In this section, 4 the term ‘‘TRICARE program’’ has the meaning given 5 that term in section 1072 of title 10, United States Code. 6 SEC. 6. REPORT ON BEHAVIORAL HEALTH STAFFING 7 NEEDS. 8 Not later than 180 days after the date of the enact- 9 ment of this Act, the Secretary of Defense shall submit 10 to the Committees on Armed Services of the Senate and 11 the House of Representatives a report that— 12 (1) contains specific information on the amount 13 of funding needed to hire and retain behavioral 14 health professionals to treat members of the Armed 15 Forces and covered beneficiaries (as defined in sec- 16 tion 1072 of title 10, United States Code); 17 (2) identifies the number and types of military, 18 civilian, direct contract, and managed care support 19 contract behavioral health professionals required to 20 treat such individuals; and 21 (3) contains a plan to provide behavioral health 22 treatment to such individuals using telehealth serv- 23 ices and other technologies, including any rec- 24 ommendations of the Secretary regarding legislation. 25 VerDate Sep 11 2014 20:42 Apr 21, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6489.IH H6489 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 6489 IH SEC. 7. POLICY TO ADDRESS OPIOID PRESCRIPTION ABUSE 1 PREVENTION. 2 (a) REQUIREMENT.—The Secretary of Defense shall 3 develop a policy and tracking mechanism for opioids that 4 monitors and prohibits the over prescribing of opioids to 5 ensure compliance with clinical practice guidelines. 6 (b) ELEMENTS.—The requirements under subsection 7 (a) shall include the following: 8 (1) Limit the prescribing of opioids to the mor- 9 phine milligram equivalent level per day specified in 10 the guideline published by the Centers for Disease 11 Control and Prevention titled ‘‘CDC Guideline for 12 Prescribing Opioids for Chronic Pain—United 13 States, 2016’’, or such su [Text truncated for display. Full text available on Congress.gov.]