IIB 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.

1. Short title This Act may be cited as the Caregiver Outreach and Program Enhancement Act or the COPE Act . 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: 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. . 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). 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. 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. 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. Kevin F. McCumber, Clerk.