[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3581 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
1st Session
H. R. 3581
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 5, 2023
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to modify the family caregiver
program of the Department of Veterans Affairs to include services
related to mental health and neurological disorders, and for other
purposes.
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 ``Caregiver Outreach and Program
Enhancement Act'' or the ``COPE Act''.
SEC. 2. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO AWARD GRANTS TO
ENTITIES TO IMPROVE PROVISION OF MENTAL HEALTH SUPPORT TO
FAMILY CAREGIVERS OF VETERANS.
(a) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1720K. Grants to provide mental health support to family
caregivers of veterans
``(a) Authority.--The Secretary may award grants to carry out,
coordinate, improve, or otherwise enhance mental health counseling,
treatment, or support to the family caregivers of veterans
participating in the family caregiver program.
``(b) Application.--(1) To be eligible for a grant under this
section, an entity shall submit to the Secretary an application
therefor at such time, in such manner, and containing such information
as the Secretary may require.
``(2) Each application submitted under paragraph (1) shall include
the following:
``(A) A detailed plan for the use of the grant.
``(B) A description of the programs or efforts through
which the entity will meet the outcome measures developed by
the Secretary under subsection (g).
``(C) A description of how the entity will distribute grant
amounts equitably among areas with varying levels of
urbanization.
``(D) A plan for how the grant will be used to meet the
unique needs of veterans residing in rural areas, American
Indian or Alaska Native veterans, elderly veterans, women
veterans, and veterans from other underserved communities.
``(c) Distribution.--The Secretary shall seek to ensure that grants
awarded under this section are equitably distributed among entities
located in States with varying levels of urbanization.
``(d) Priority.--The Secretary shall prioritize awarding grants
under this section that will serve the following areas:
``(1) Areas with high rates of veterans enrolled in the
family caregiver program.
``(2) Areas with high rates of--
``(A) suicide among veterans; or
``(B) referrals to the Veterans Crisis Line.
``(e) Required Activities.--Any grant awarded under this section
shall be used--
``(1) to expand existing programs, activities, and
services;
``(2) to establish new or additional programs, activities,
and services; or
``(3) for travel and transportation to facilitate carrying
out paragraph (1) or (2).
``(f) Outcome Measures.--(1) The Secretary shall develop and
provide to each entity that receives a grant under this section written
guidance on the following:
``(A) Outcome measures.
``(B) Policies of the Department.
``(2) In developing outcome measures under paragraph (1), the
Secretary shall consider the following goals:
``(A) Increasing the utilization of mental health services
among family caregivers of veterans participating in the family
caregiver program.
``(B) Reducing barriers to mental health services among
family caregivers of veterans participating in such program.
``(g) Tracking Requirements.--(1) The Secretary shall establish
appropriate tracking requirements with respect to the entities
receiving a grant under this section.
``(2) Not less frequently than annually, the Secretary shall submit
to Congress a report on such tracking requirements.
``(h) Performance Review.--The Secretary shall--
``(1) review the performance of each entity that receives a
grant under this section; and
``(2) make information regarding such performance publicly
available.
``(i) Remediation Plan.--(1) In the case of an entity that receives
a grant under this section and does not meet the outcome measures
developed by the Secretary under subsection (g), the Secretary shall
require the entity to submit to the Secretary a remediation plan under
which the entity shall describe how and when it plans to meet such
outcome measures.
``(2) The Secretary may not award a subsequent grant under this
section to an entity described in paragraph (1) unless the Secretary
approves the remediation plan submitted by the entity under such
paragraph.
``(j) Maximum Amount.--The amount of a grant awarded under this
section may not exceed 10 percent of amounts made available for grants
under this section for the fiscal year in which the grant is awarded.
``(k) Supplement, Not Supplant.--Any grant awarded under this
section shall be used to supplement and not supplant funding that is
otherwise available through the Department to provide mental health
support among family caregivers of veterans participating in the family
caregiver program.
``(l) Outreach to Family Caregivers.--The Secretary shall include,
in the outreach materials regularly mailed to a family caregiver who
participates in the family caregiver program, notice of mental health
support provided by recipients of grants under this section that are
located in the relevant Veterans Integrated Service Network.
``(m) Funding.--(1) Amounts for the activities of the Department
under this section shall be budgeted and appropriated through a
separate appropriation account.
``(2) In the budget justification materials submitted to Congress
in support of the budget of the Department for any fiscal year (as
submitted with the budget of the President under section 1105(a) of
title 31), the Secretary shall include a separate statement of the
amount requested to be appropriated for that fiscal year for the
account specified in paragraph (1).
``(n) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary, for each of fiscal years 2024 through
2026, $50,000,000 to carry out this section.
``(o) Definitions.--In this section:
``(1) The terms `caregiver' and `family caregiver' have the
meanings given those terms in section 1720G of this title.
``(2) The term `family caregiver program' means the program
of comprehensive assistance for family caregivers under section
1720G of this title.
``(3) The term `Veterans Crisis Line' means the toll-free
hotline for veterans established under section 1720F of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``1720K. Grants to provide mental health support to family caregivers
of veterans.''.
SEC. 3. CONTRIBUTIONS TO LOCAL AUTHORITIES TO MITIGATE THE RISK OF
FLOODING ON LOCAL PROPERTY ADJACENT TO MEDICAL FACILITIES
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 8108 of title 38, United States Code, is
amended by inserting ``, or to mitigate the risk of flooding, including
the risk of flooding associated with rising sea levels'' before the
period at the end.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the House of Representatives
and the Senate a report that includes an assessment of--
(1) the extent to which each medical facility (as such term
is defined in section 8101(3) of title 38, United States Code)
is at risk of flooding, including the risk of flooding
associated with rising sea levels; and
(2) whether additional resources are necessary to address
the risk of flooding at each such facility.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Veterans Affairs for each of fiscals
year 2024 through 2028 $25,000,000 to carry out the amendment made by
subsection (a).
SEC. 4. GAO REPORT ON MENTAL HEALTH SUPPORT FOR CAREGIVERS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the provision of mental health support to caregivers of
veterans.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) An assessment of the need for mental health support
among caregivers participating in the caregiver programs.
(2) An assessment of options for mental health support in
facilities of the Department of Veterans Affairs and in the
community for caregivers participating in the caregiver
programs.
(3) An assessment of the availability and accessibility of
mental health support in facilities of the Department and in
the community for caregivers participating in the caregiver
programs.
(4) An assessment of the awareness among caregivers of the
availability of mental health support in facilities of the
Department and in the community for caregivers participating in
the caregiver programs.
(5) An assessment of barriers to mental health support in
facilities of the Department and in the community for
caregivers participating in the caregiver programs.
(c) Definitions.--In this section:
(1) The term ``caregiver'' has the meaning given that term
in section 1720G of title 38, United States Code.
(2) The term ``caregiver programs'' means--
(A) the program of comprehensive assistance for
family caregivers under subsection (a) of section 1720G
of title 38, United States Code; and
(B) the program of support services for caregivers
under subsection (b) of such section.
SEC. 5. ANNUAL REVIEW OF SECURITY AT COVERED FACILITIES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Annual Survey.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for each of the
following five years, the Secretary of Veterans Affairs, in
coordination with the Director of the Office of Security and Law
Enforcement of the Department of Veterans Affairs, shall conduct an
annual survey of covered employees to collect information regarding
security at each covered facility. Each annual survey shall include
questions about--
(1) the type and frequency of criminal activity experienced
at the covered facility during the 12 months prior to the date
the covered employee completes the survey;
(2) the number of vacant positions for Department police
officers at the covered facility and the number of days each
vacant position has been vacant;
(3) the availability and adequacy of covered equipment;
(4) the availability and adequacy of resources, classes, or
other time set aside for training Department police officers
who work at each covered facility about any skill or tactic
related to law enforcement, including the proper use of force,
firearms qualifications and training, procedures for responding
to an active threat, and any other training required for
Department police officers;
(5) any security weakness;
(6) an analysis of the relationship between the covered
facility (including the Department police officers who work at
the covered facility) and local law enforcement agencies;
(7) efforts by the personnel of the covered facility to
address and reduce criminal activity at, or in close proximity
to, the covered facility; and
(8) recommendations for the Secretary to better address and
reduce criminal activity at, or in close proximity to, covered
facilities.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for each of the
following five years, the Secretary shall submit to each of the
Committees on Veterans' Affairs of the Senate and the House of
Representatives an annual report regarding security at covered
facilities that includes--
(1) the results of the annual survey described under
subsection (a) for the year covered by the report;
(2) an analysis, made in coordination with the Director of
the Office of Security and Law Enforcement of such Department
and each director and police chief of a Veterans Integrated
Service Network, of the results of the annual survey described
under subsection (a) for the year covered by the report;
(3) a plan of action that describes how the Secretary plans
to address any security weakness identified in the results of
the annual survey and includes clearly-stated goals with
measurable benchmarks for each goal and deadlines for each
benchmark; and
(4) a list of each vacant position for police chief or
deputy police chief at each covered facility, and the number of
days the position has been vacant.
(c) Definitions.--In this section:
(1) The term ``covered equipment'' means any item issued by
the Secretary of Veterans Affairs to a Department police
officer (including batons, firearms, pepper spray, ballistic
vests, body-worn cameras, and radios) for use in the provision
of services under section 902 of title 38, United States Code.
(2) The term ``covered employee'' means any employee of the
Department of Veterans Affairs who is employed at a covered
facility as a police chief, a facility emergency management
leader, a facility director, or a person carrying out the
responsibilities of one of these positions in an acting
capacity.
(3) The term ``covered facility'' means any facility of the
Department of Veterans Affairs where Department police officers
have jurisdiction.
(4) The term ``Department police officer'' has the meaning
given to such term as used in section 902 of title 38, United
States Code.
(5) The term ``security weakness'' means a deficiency in
the facilities, staffing, or covered equipment at a covered
facility that a covered employee of the covered facility
determines presents a risk to the safety of visitors or staff,
including an unsecured door, inoperable security camera,
unsecured police operations room, a lack of security presence
at an entrance to the covered facility, and a lack of security
presence in an area of the covered facility or the grounds of
the covered facility that the director of the covered facility
determines requires an increased security presence.
SEC. 6. DEPARTMENT OF VETERANS AFFAIRS HOUSING LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38, United States
Code, is amended by striking ``November 14, 2031'' each place it
appears and inserting ``March 12, 2032''.
Passed the House of Representatives December 4, 2023.
Attest:
KEVIN F. MCCUMBER,
Clerk.