I 118THCONGRESS 1 STSESSION H. R. 3581 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. IN THE HOUSE OF REPRESENTATIVES MAY22, 2023 Mrs. K IGGANSof Virginia introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL 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 neuro- logical disorders, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Caregiver Outreach 4 and Program Enhancement Act’’ or the ‘‘COPE Act’’. 5 VerDate Sep 11 2014 05:25 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3581.IH H3581 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3581 IH SEC. 2. AUTHORITY FOR SECRETARY OF VETERANS AF-1 FAIRS TO AWARD GRANTS TO ENTITIES TO 2 IMPROVE PROVISION OF MENTAL HEALTH 3 SUPPORT TO FAMILY CAREGIVERS OF VET-4 ERANS. 5 (a) I NGENERAL.—Subchapter II of chapter 17 of 6 title 38, United States Code, is amended by adding at the 7 end the following new section: 8 ‘‘§ 1720K. Grants to provide mental health support to 9 family caregivers of veterans 10 ‘‘(a) A UTHORITY.—The Secretary may award grants 11 to carry out, coordinate, improve, or otherwise enhance 12 mental health counseling, treatment, or support to the 13 family caregivers of veterans participating in the family 14 caregiver program. 15 ‘‘(b) A PPLICATION.—(1) To be eligible for a grant 16 under this section, an entity shall submit to the Secretary 17 an application therefor at such time, in such manner, and 18 containing such information as the Secretary may require. 19 ‘‘(2) Each application submitted under paragraph (1) 20 shall include the following: 21 ‘‘(A) A detailed plan for the use of the grant. 22 ‘‘(B) A description of the programs or efforts 23 through which the entity will meet the outcome 24 measures developed by the Secretary under sub-25 section (g). 26 VerDate Sep 11 2014 05:25 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3581.IH H3581 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3581 IH ‘‘(C) A description of how the entity will dis-1 tribute grant amounts equitably among areas with 2 varying levels of urbanization. 3 ‘‘(D) A plan for how the grant will be used to 4 meet the unique needs of veterans residing in rural 5 areas, American Indian or Alaska Native veterans, 6 elderly veterans, women veterans, and veterans from 7 other underserved communities. 8 ‘‘(c) D ISTRIBUTION.—The Secretary shall seek to en-9 sure that grants awarded under this section are equitably 10 distributed among entities located in States with varying 11 levels of urbanization. 12 ‘‘(d) P RIORITY.—The Secretary shall prioritize 13 awarding grants under this section that will serve the fol-14 lowing areas: 15 ‘‘(1) Areas with high rates of veterans enrolled 16 in the family caregiver program. 17 ‘‘(2) Areas with high rates of— 18 ‘‘(A) suicide among veterans; or 19 ‘‘(B) referrals to the Veterans Crisis Line. 20 ‘‘(e) R EQUIREDACTIVITIES.—Any grant awarded 21 under this section shall be used— 22 ‘‘(1) to expand existing programs, activities, 23 and services; 24 VerDate Sep 11 2014 05:25 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3581.IH H3581 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3581 IH ‘‘(2) to establish new or additional programs, 1 activities, and services; or 2 ‘‘(3) for travel and transportation to facilitate 3 carrying out paragraph (1) or (2). 4 ‘‘(f) O UTCOMEMEASURES.—(1) The Secretary shall 5 develop and provide to each entity that receives a grant 6 under this section written guidance on the following: 7 ‘‘(A) Outcome measures. 8 ‘‘(B) Policies of the Department. 9 ‘‘(2) In developing outcome measures under para-10 graph (1), the Secretary shall consider the following goals: 11 ‘‘(A) Increasing the utilization of mental health 12 services among family caregivers of veterans partici-13 pating in the family caregiver program. 14 ‘‘(B) Reducing barriers to mental health serv-15 ices among family caregivers of veterans partici-16 pating in such program. 17 ‘‘(g) T RACKINGREQUIREMENTS.—(1) The Secretary 18 shall establish appropriate tracking requirements with re-19 spect to the entities receiving a grant under this section. 20 ‘‘(2) Not less frequently than annually, the Secretary 21 shall submit to Congress a report on such tracking re-22 quirements. 23 ‘‘(h) P ERFORMANCE REVIEW.—The Secretary 24 shall— 25 VerDate Sep 11 2014 05:25 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3581.IH H3581 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3581 IH ‘‘(1) review the performance of each entity that 1 receives a grant under this section; and 2 ‘‘(2) make information regarding such perform-3 ance publicly available. 4 ‘‘(i) R EMEDIATIONPLAN.—(1) In the case of an enti-5 ty that receives a grant under this section and does not 6 meet the outcome measures developed by the Secretary 7 under subsection (g), the Secretary shall require the entity 8 to submit to the Secretary a remediation plan under which 9 the entity shall describe how and when it plans to meet 10 such outcome measures. 11 ‘‘(2) The Secretary may not award a subsequent 12 grant under this section to an entity described in para-13 graph (1) unless the Secretary approves the remediation 14 plan submitted by the entity under such paragraph. 15 ‘‘(j) M AXIMUMAMOUNT.—The amount of a grant 16 awarded under this section may not exceed 10 percent of 17 amounts made available for grants under this section for 18 the fiscal year in which the grant is awarded. 19 ‘‘(k) S UPPLEMENT, NOTSUPPLANT.—Any grant 20 awarded under this section shall be used to supplement 21 and not supplant funding that is otherwise available 22 through the Department to provide mental health support 23 among family caregivers of veterans participating in the 24 family caregiver program. 25 VerDate Sep 11 2014 05:25 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3581.IH H3581 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3581 IH ‘‘(l) OUTREACH TOFAMILYCAREGIVERS.—The Sec-1 retary shall include, in the outreach materials regularly 2 mailed to a family caregiver who participates in the family 3 caregiver program, notice of mental health support pro-4 vided by recipients of grants under this section that are 5 located in the relevant Veterans Integrated Service Net-6 work. 7 ‘‘(m) F UNDING.—(1) Amounts for the activities of 8 the Department under this section shall be budgeted and 9 appropriated through a separate appropriation account. 10 ‘‘(2) In the budget justification materials submitted 11 to Congress in support of the budget of the Department 12 for any fiscal year (as submitted with the budget of the 13 President under section 1105(a) of title 31), the Secretary 14 shall include a separate statement of the amount re-15 quested to be appropriated for that fiscal year for the ac-16 count specified in paragraph (1). 17 ‘‘(n) A UTHORIZATION OF APPROPRIATIONS.—There 18 is authorized to be appropriated to the Secretary, for each 19 of fiscal years 2023 through 2025, $50,000,000 to carry 20 out this section. 21 ‘‘(o) D EFINITIONS.—In this section: 22 ‘‘(1) The terms ‘caregiver’ and ‘family care-23 giver’ have the meanings given those terms in sec-24 tion 1720G of this title. 25 VerDate Sep 11 2014 05:25 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3581.IH H3581 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3581 IH ‘‘(2) The term ‘family caregiver program’ 1 means the program of comprehensive assistance for 2 family caregivers under section 1720G of this title. 3 ‘‘(3) The term ‘Veterans Crisis Line’ means the 4 toll-free hotline for veterans established under sec-5 tion 1720F of this title.’’. 6 (b) C LERICALAMENDMENT.—The table of sections 7 at the beginning of such subchapter is amended by adding 8 at the end the following new item: 9 ‘‘1720K. Grants to provide mental health support to family caregivers of vet- erans.’’. SEC. 3. GAO REPORT ON MENTAL HEALTH SUPPORT FOR 10 CAREGIVERS. 11 (a) R EPORTREQUIRED.—Not later than one year 12 after the date of the enactment of this Act, the Comp-13 troller General of the United States shall submit to the 14 Committee on Veterans’ Affairs of the Senate and the 15 Committee on Veterans’ Affairs of the House of Rep-16 resentatives a report on the provision of mental health 17 support to caregivers of veterans. 18 (b) C ONTENTS.—The report submitted under sub-19 section (a) shall include the following: 20 (1) An assessment of the need for mental 21 health support among caregivers participating in the 22 caregiver programs. 23 VerDate Sep 11 2014 05:25 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3581.IH H3581 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3581 IH (2) An assessment of options for mental health 1 support in facilities of the Department of Veterans 2 Affairs and in the community for caregivers partici-3 pating in the caregiver programs. 4 (3) An assessment of the availability and acces-5 sibility of mental health support in facilities of the 6 Department and in the community for caregivers 7 participating in the caregiver programs. 8 (4) An assessment of the awareness among 9 caregivers of the availability of mental health sup-10 port in facilities of the Department and in the com-11 munity for caregivers participating in the caregiver 12 programs. 13 (5) An assessment of barriers to mental health 14 support in facilities of the Department and in the 15 community for caregivers participating in the care-16 giver programs. 17 (c) D EFINITIONS.—In this section: 18 (1) C AREGIVER.—The term ‘‘caregiver’’ has the 19 meaning given that term in section 1720G of title 20 38, United States Code. 21 (2) C AREGIVER PROGRAMS .—The term ‘‘care-22 giver programs’’ means— 23 (A) the program of comprehensive assist-24 ance for family caregivers under subsection (a) 25 VerDate Sep 11 2014 05:25 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3581.IH H3581 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3581 IH of section 1720G of title 38, United States 1 Code; and 2 (B) the program of support services for 3 caregivers under subsection (b) of such section. 4 Æ VerDate Sep 11 2014 05:25 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3581.IH H3581 pbinns on DSKJLVW7X2PROD with $$_JOB