Title: Remembering the Life of Kyle Poteat Act
Policy area: Armed Forces and National Security

Summary:
Remembering the Life of Kyle Poteat Act
This bill requires the Department of Veterans Affairs (VA) to award grants for a period of three years to eligible entities for the provision of post-traumatic stress disorder prevention services to veterans. Under the bill, eligible entities include tribally designated housing entities, community-based organizations, and other private entities that meet certain requirements.
Entities must submit an application to receive financial assistance that includes a description of the services they propose to provide, among other elements.
The bill requires the VA to equitably distribute grants across geographic regions and areas with the most need. Additionally, the VA shall give preference to entities that are experienced in providing post-traumatic stress disorder prevention services.
Entities receiving funding must notify service recipients that funding is wholly or partially from the VA.
The bill also expands VA patient advocate responsibilities by requiring them to share specified information with a family member who is a caregiver of a veteran.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5440 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 5440

   To require the Secretary of Veterans Affairs to provide financial 
assistance to eligible entities to provide and coordinate the provision 
  of post-traumatic stress disorder prevention services for veterans 
 through the award of grants to such entities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2019

 Mr. Meadows introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Veterans Affairs to provide financial 
assistance to eligible entities to provide and coordinate the provision 
  of post-traumatic stress disorder prevention services for veterans 
 through the award of grants to such entities, 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 ``Remembering the Life of Kyle Poteat 
Act''.

SEC. 2. FINANCIAL ASSISTANCE TO CERTAIN ENTITIES TO PROVIDE AND 
              COORDINATE THE PROVISION OF POST-TRAUMATIC STRESS 
              DISORDER PREVENTION SERVICES FOR VETERANS.

    (a) Distribution of Financial Assistance.--The Secretary of 
Veterans Affairs shall provide financial assistance to eligible 
entities approved under this section through the award of grants to 
such entities to provide and coordinate the provision of post-traumatic 
stress disorder prevention services to veterans.
    (b) Award of Grants.--
            (1) In general.--The Secretary shall award a grant to each 
        eligible entity for which the Secretary has approved an 
        application under subsection (e) to provide or coordinate the 
        provision of post-traumatic stress disorder prevention services 
        under this section.
            (2) Grant amounts, intervals of payments, and matching 
        funds.--In accordance with the services being provided under a 
        grant under this section and the duration of those services, 
        the Secretary may establish--
                    (A) a maximum amount to be awarded under the grant;
                    (B) intervals of payment for the administration of 
                the grant; and
                    (C) a requirement for the recipient of the grant to 
                provide matching funds in a specified percentage.
    (c) Distribution of Financial Assistance and Preference.--
            (1) Distribution.--
                    (A) Geographic.--The Secretary shall ensure that, 
                to the extent practicable and in compliance with 
                subparagraph (B), financial assistance under this 
                section is equitably distributed across geographic 
                regions, including rural communities and Tribal land.
                    (B) Areas with need.--The Secretary shall ensure 
                that, to the extent practicable, financial assistance 
                under this section is distributed--
                            (i) to provide services in areas of the 
                        United States that have experienced high rates 
                        of, or a high burden of, veteran post-traumatic 
                        stress disorder; and
                            (ii) to eligible entities that can assist 
                        veterans at risk of or who have post-traumatic 
                        stress disorder.
            (2) Preference.--The Secretary shall give preference in the 
        provision of financial assistance under this section to 
        eligible entities providing or coordinating, or who have 
        demonstrated the ability to provide or coordinate, post-
        traumatic stress disorder prevention services.
    (d) Requirements for Receipt of Financial Assistance.--
            (1) Notification that services are from the department.--
        Each entity receiving financial assistance under this section 
        to provide post-traumatic stress disorder prevention services 
        to veterans shall notify the recipients of such services that 
        such services are being paid for, in whole or in part, by the 
        Department.
            (2) Reports.--The Secretary--
                    (A) shall require each entity receiving financial 
                assistance under this section to submit to the 
                Secretary an annual report that describes the projects 
                carried out with such financial assistance during the 
                year covered by the report;
                    (B) shall specify to each such entity the 
                evaluation criteria and data and information to be 
                submitted in such report; and
                    (C) may require such entity to submit to the 
                Secretary such additional reports as the Secretary 
                considers appropriate.
    (e) Application for Financial Assistance.--
            (1) In general.--An eligible entity seeking financial 
        assistance under this section shall submit to the Secretary an 
        application therefor in such form, in such manner, and 
        containing such commitments and information as the Secretary 
        considers necessary to carry out this section.
            (2) Matters to be included.--Each application submitted by 
        an eligible entity under paragraph (1) shall contain the 
        following:
                    (A) A description of the post-traumatic stress 
                disorder prevention services proposed to be provided by 
                the eligible entity and the identified need for those 
                services.
                    (B) A detailed plan describing how the eligible 
                entity proposes to coordinate and deliver post-
                traumatic stress disorder prevention services to 
                veterans, including--
                            (i) an identification of the community 
                        partners with which the eligible entity 
                        proposes to work in delivering such services;
                            (ii) a description of the arrangements 
                        currently in place between the eligible entity 
                        and such partners; and
                            (iii) an identification of how long such 
                        arrangements have been in place.
                    (C) A description of the types of veterans at risk 
                of post-traumatic stress disorder proposed to be 
                provided post-traumatic stress disorder prevention 
                services.
                    (D) An estimate of the number of veterans at risk 
                of post-traumatic stress disorder proposed to be 
                provided post-traumatic stress disorder prevention 
                services and the basis for such estimate, including the 
                percentage of those veterans who are not currently 
                receiving care furnished by the Department.
                    (E) Evidence of the experience of the eligible 
                entity (and the proposed partners of the entity) in 
                providing post-traumatic stress disorder prevention 
                services to veterans.
                    (F) A description of the managerial and 
                technological capacity of the eligible entity--
                            (i) to coordinate the provision of post-
                        traumatic stress disorder prevention services 
                        with the provision of other services;
                            (ii) to assess continuously the needs of 
                        veterans at risk of post-traumatic stress 
                        disorder for post-traumatic stress disorder 
                        prevention services;
                            (iii) to coordinate the provision of post-
                        traumatic stress disorder prevention services 
                        with the services of the Department for which 
                        the beneficiaries are eligible;
                            (iv) to tailor post-traumatic stress 
                        disorder prevention services to the needs of 
                        veterans and veteran families;
                            (v) to continuously seek new sources of 
                        assistance to ensure the continuity of post-
                        traumatic stress disorder prevention services 
                        for veterans and veteran families for as long 
                        as the veteran is determined to be at risk of 
                        post-traumatic stress disorder; and
                            (vi) to measure, over a period of time, the 
                        improved mental resiliency and mental outlook 
                        of the veteran served.
                    (G) Such additional application criteria as the 
                Secretary considers appropriate.
    (f) Technical Assistance.--
            (1) In general.--The Secretary shall provide training and 
        technical assistance to eligible entities in receipt of 
        financial assistance under this section regarding--
                    (A) the data required to be collected and shared 
                with the Department;
                    (B) the means of data collection and sharing;
                    (C) familiarization with and appropriate use of any 
                tool to be used to measure the effectiveness of the use 
                of the financial assistance provided; and
                    (D) the requirements for reporting under subsection 
                (d) on services provided via such financial assistance.
            (2) Provision of training and technical assistance.--The 
        Secretary may provide the training and technical assistance 
        described in paragraph (1) directly or through grants or 
        contracts with appropriate public or nonprofit entities.
    (g) Administration of Grant Program.--
            (1) Selection criteria.--The Secretary, in consultation 
        with entities specified in paragraph (3), shall establish 
        criteria for the selection of eligible entities that have 
        submitted applications under subsection (e).
            (2) Development of measures and metrics.--The Secretary 
        shall develop, in consultation with entities specified in 
        paragraph (3), the following:
                    (A) A framework for collecting and sharing 
                information about entities in receipt of financial 
                assistance under this section for purposes of improving 
                the discovery of services available for veterans at 
                risk of post-traumatic stress disorder, set forth by 
                service type, locality, and eligibility criteria.
                    (B) The measures to be used by each entity in 
                receipt of financial assistance under this section to 
                determine the effectiveness of the programming being 
                provided by such entity in improving mental resiliency 
                and mental outlook of veterans at risk of post-
                traumatic stress disorder.
                    (C) Metrics for measuring the effectiveness of the 
                provision of financial assistance under this section.
            (3) Coordination.--In developing a plan for the design and 
        implementation of the provision of financial assistance under 
        this section, including criteria for the award of grants, the 
        Secretary shall consult with the following:
                    (A) Veterans service organizations.
                    (B) National organizations representing potential 
                community partners of eligible entities in providing 
                supportive services to address the needs of veterans at 
                risk of post-traumatic stress disorder, including 
                national organizations that--
                            (i) advocate for the needs of individuals 
                        with or at risk of behavioral health 
                        conditions;
                            (ii) represent mayors;
                            (iii) represent religious or faith leaders;
                            (iv) represent first responders; or
                            (v) represent chiefs of police and 
                        sheriffs.
                    (C) Organizations with which the Department has a 
                current memoranda of agreement or understanding related 
                to mental health or post-traumatic stress disorder.
                    (D) State departments of veterans affairs.
                    (E) National organizations representing members of 
                the reserve components of the Armed Forces.
                    (F) Vet Centers.
                    (G) Organizations with experience in creating 
                measurement tools for purposes of determining 
                programmatic effectiveness.
                    (H) Such other organizations as the Secretary 
                considers appropriate.
            (4) Report on grant criteria.--Before notifying eligible 
        entities of the availability of funding under this section, the 
        Secretary shall submit to Congress a report containing--
                    (A) criteria for the award of a grant under this 
                section;
                    (B) the tool to be used by the Department to 
                measure the effectiveness of the use of financial 
                assistance provided under this section; and
                    (C) a framework for the sharing of information 
                about entities in receipt of financial assistance under 
                this section.
    (h) Information on Potential Beneficiaries.--
            (1) In general.--The Secretary may make available to 
        recipients of financial assistance under this section certain 
        information regarding potential beneficiaries of services for 
        which such financial assistance is provided.
            (2) Information included.--The information made available 
        under paragraph (1) with respect to potential beneficiaries may 
        include the following:
                    (A) Confirmation of the status of a potential 
                beneficiary as a veteran.
                    (B) Confirmation of whether a potential beneficiary 
                is currently receiving care furnished by the Department 
                or has recently received such care.
    (i) Duration.--The authority of the Secretary to provide financial 
assistance under this section shall terminate on the date that is three 
years after the date on which the first grant is awarded under this 
section.
    (j) Reporting.--
            (1) Interim report.--
                    (A) In general.--Not later than 18 months after the 
                date on which the first grant is awarded under this 
                section, the Secretary shall submit to the appropriate 
                committees of Congress a report on the provision of 
                financial assistance under this section.
                    (B) Elements..--The report submitted under 
                subparagraph (A) shall include the following:
                            (i) An assessment of the effectiveness of 
                        the provision of financial assistance under 
                        this section, including the effectiveness of 
                        community partners in conducting outreach to 
                        veterans at risk of post-traumatic stress 
                        disorder.
                            (ii) A list of grant recipients and their 
                        partner organizations that delivered services 
                        funded by the grant and the amount of such 
                        grant received by each recipient and partner 
                        organization.
                            (iii) The number of veterans supported by 
                        each grant recipient, including through 
                        services provided to family members.
                            (iv) The number of veterans supported by 
                        financial assistance under this section, 
                        including through services provided to family 
                        members.
                            (v) The number of veterans supported by 
                        financial assistance under this section, 
                        including through services provided to family 
                        members, who were not previously receiving care 
                        furnished by the Department.
                            (vi) The number of veterans whose mental 
                        resiliency and mental outlook received a 
                        baseline measurement assessment under this 
                        section and the number of such veterans whose 
                        mental resiliency and mental outlook will be 
                        measured by the Department or a community 
                        partner over a period of time.
                            (vii) The types of data the Department was 
                        able to collect and share with partners, 
                        including a characterization of the benefits of 
                        that data.
            (2) Finial report.--Not later than three years after the 
        date on which the first grant is awarded under this section, 
        the Secretary shall submit to the appropriate committees of 
        Congress--
                    (A) a follow-up on the interim report submitted 
                under paragraph (1) containing the elements set forth 
                in subparagraph (B) of such paragraph; and
                    (B) a report on--
                            (i) the effectiveness of the provision of 
                        financial assistance under this section, 
                        including the effectiveness of community 
                        partners in conducting outreach and education 
                        to veterans at risk of post-traumatic stress 
                        disorder;
                            (ii) an assessment of the increased 
                        capacity of the Department to provide services 
                        to veterans at risk of post-traumatic stress 
                        disorder, set forth by State, as a result of 
                        the provision of financial assistance under 
                        this section; and
                            (iii) the feasibility and advisability of 
                        extending or expanding the provision of 
                        financial assistance under this section.
    (k) Support for Families of Veterans.--Section 7309A of title 38, 
United States Code, is amended--
            (1) in subsection (d) by adding at the end the following 
        new paragraph:
            ``(15) To support family caregivers, acting in consultation 
        with the veteran and family advisor, by sharing information 
        with such family caregivers about the following:
                    ``(A) The rights and responsibilities of a veteran 
                as a patient receiving health care.
                    ``(B) The benefits, services, and treatments 
                available to a veteran.
                    ``(C) How an external advocate helps a veteran 
                based upon the specific needs of such veteran, 
                including by providing support, resources, and 
                personalized case management to meet such needs.''; and
            (2) by striking subsection (f) and inserting the following:
    ``(f) Definitions.--In this section:
            ``(1) The term `family caregiver' has the meaning given 
        that term in section 1720G(d).
            ``(2) The term `controlled substance' has the meaning given 
        that term in section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            ``(3) The term `external advocate' has the meaning given 
        that term in Veterans Health Administration directive 1003.04 
        (or any successor directive).
            ``(4) The term `veteran and family advisor' has the meaning 
        given the term `Veteran/Family Advisor' in Veterans Health 
        Administration directive 1003.04 (or any successor 
        directive).''.
    (l) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Veterans' Affairs and the 
                Subcommittee on Military Construction, Veterans 
                Affairs, and Related Agencies of the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Veterans' Affairs and the 
                Subcommittee on Military Construction, Veterans 
                Affairs, and Related Agencies of the Committee on 
                Appropriations of the House of Representatives.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) an incorporated private institution or 
                foundation--
                            (i) no part of the net earnings of which 
                        incurs to the benefit of any member, founder, 
                        contributor, or individual;
                            (ii) that has a governing board that would 
                        be responsible for the operation of the post-
                        traumatic stress disorder prevention services 
                        provided under this section; and
                            (iii) that is approved by the Secretary as 
                        to financial responsibility;
                    (B) a corporation wholly owned and controlled by an 
                organization meeting the requirements of clauses (i), 
                (ii), and (iii) of subparagraph (A);
                    (C) a tribally designated housing entity (as 
                defined in section 4 of the Native American Housing 
                Assistance and Self-Determination Act of 1996 (25 
                U.S.C. 4103)); or
                    (D) a community-based organization that is 
                physically based in the targeted community and that can 
                effectively network with local civic organizations, 
                regional health systems, and other settings where 
                veterans at risk of post-traumatic stress disorder are 
                likely to have contact.
            (3) Peer specialist.--The term ``peer specialist'' means a 
        person eligible to be appointed as a peer specialist under 
        section 7402(b)(13) of title 38, United States Code.
            (4) Risk of post-traumatic stress disorder.--The term 
        ``risk of post-traumatic stress disorder'' means exposure to or 
        the existence of any of the following:
                    (A) Health risk factors, including the following:
                            (i) Mental health challenges.
                            (ii) Substance abuse.
                            (iii) Serious or chronic health conditions 
                        or pain.
                            (iv) Traumatic brain injury.
                    (B) Environmental risk factors, including the 
                following:
                            (i) Access to lethal means (such as drugs, 
                        firearms, etc.).
                            (ii) Prolonged stress.
                            (iii) Stressful life events.
                            (iv) Exposure to the suicide of another 
                        person or to graphic or sensationalized 
                        accounts of suicide.
                            (v) Unemployment.
                            (vi) Homelessness.
                            (vii) Recent loss.
                            (viii) Legal or financial challenges.
                    (C) Historical risk factors, including the 
                following:
                            (i) Previous suicide attempts.
                            (ii) Family history of suicide.
                            (iii) History of abuse, neglect, or trauma.
            (5) Post-traumatic stress disorder prevention services.--
        The term ``post-traumatic stress disorder services'' means 
        services to address the needs of veterans at risk of post-
        traumatic stress disorder and includes the following:
                    (A) Outreach to identify veterans at risk of post-
                traumatic stress disorder, with an emphasis on veterans 
                who are at highest risk or not receiving health care or 
                other services furnished by the Department.
                    (B) A baseline mental health assessment for risk 
                screening and referral to care.
                    (C) Education on post-traumatic stress disorder and 
                how to care for individuals with it and peer support to 
                families and communities.
                    (D) Direct treatment.
                    (E) Medication management.
                    (F) Individual and group therapy.
                    (G) Case management services.
                    (H) Peer support services.
                    (I) Assistance in obtaining any benefits from the 
                Department that the veteran at risk of post-traumatic 
                stress disorder or veteran family may be eligible to 
                receive, including--
                            (i) vocational and rehabilitation 
                        counseling;
                            (ii) supportive services for homeless 
                        veterans;
                            (iii) employment and training services;
                            (iv) educational assistance; and
                            (v) health care services.
                    (J) Assistance in obtaining and coordinating the 
                provision of other benefits provided by the Federal 
                Government, a State or local government, or an eligible 
                entity.
                    (K) Temporary cash assistance (not to exceed 6 
                months) to assist with emergent needs relating to--
                            (i) health care services;
                            (ii) daily living services;
                            (iii) personal financial planning;
                            (iv) transportation services;
                            (v) temporary income support services;
                            (vi) fiduciary and representative payee 
                        services;
                            (vii) legal services to assist the veteran 
                        family with issues that may contribute to the 
                        risk of post-traumatic stress disorder of the 
                        veteran; and
                            (viii) child care (not to exceed $5,000 per 
                        veteran family per fiscal year).
                    (L) Such other services necessary for improving the 
                resiliency of veterans at risk of post-traumatic stress 
                disorder and veteran families as the Secretary 
                considers appropriate, which may include--
                            (i) adaptive sports or in-place 
                        recreational therapy;
                            (ii) substance use reduction programming;
                            (iii) individual, group, or family 
                        counseling; and
                            (iv) relationship coaching.
            (6) Vet center.--The term ``Vet Center'' means a center for 
        readjustment counseling and related mental health services for 
        veterans under section 1712A of title 38, United States Code.
            (7) Veteran.--The term ``veteran'' has the meaning given 
        that term in section 101 of title 38, United States Code.
            (8) Veteran family.--The term ``veteran family'' means, 
        with respect to a veteran at risk of post-traumatic stress 
        disorder, any of the following:
                    (A) A parent.
                    (B) A spouse.
                    (C) A child.
                    (D) A sibling.
                    (E) A step-family member.
                    (F) An extended family member.
                    (G) Any other individual who lives with the 
                veteran.
            (9) Veterans service organization.--The term ``veterans 
        service organization'' means any organization recognized by the 
        Secretary of Veterans Affairs for the representation of 
        veterans included as part of the annually updated list at 
        https://www.va.gov/vso/ or a successor website.
                                 <all>