[Congressional Record Volume 169, Number 199 (Monday, December 4, 2023)]
[House]
[Pages H6103-H6106]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1700
CAREGIVER OUTREACH AND PROGRAM ENHANCEMENT ACT
Mr. BERGMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3581
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
[[Page H6104]]
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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Bergman) and the gentleman from California (Mr. Takano)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. BERGMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
on H.R. 3581, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. BERGMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 3581, as amended, the
Caregiver Outreach and Program Enhancement Act, or COPE Act.
Representative Kiggans' COPE Act would allow for grant awards
expanding access to mental health counseling, treatment, or support to
caregivers of veterans participating in the Program of Comprehensive
Assistance for Family Caregivers.
VA's caregiver program provides caregivers of seriously ill or
injured veterans with resources and services to help them with the
important role they play in their veterans' lives.
Becoming a veteran caregiver is a noble undertaking and caregivers
often put their entire lives aside in pursuit of caring for their loved
ones. Mental health support is an important component of the caregiver
program, but too often caregivers are reluctant to seek care at VA.
Whether it is because of stigma, not wanting to take provider
resources away from veteran care, or the fear that seeking mental
health care may in some way jeopardize their standing as a caregiver,
caregivers should have access to every option without barriers.
The 3-year pilot program the COPE Act would create would expand
caregiver mental health access to outside of VA. Ensuring caregiver
wellness is critical to ensuring the highest quality of care for the
veterans caregivers serve.
This new pilot program is an important next step in continuing to
meet caregiver needs. Representative Kiggans' bill would also allow VA
to assist local and State authorities with funding help for the
mitigation of flood risk on non-VA property that may be adjacent to VA
facilities. Many VA medical facilities are at least 60 years old. Some
of these facilities have, over the years and due to locations in low-
lying areas, been subject to flooding that impact veteran and staff
access or even threatens building function.
Flood preparedness is a prudent focus for all VA facilities that are
historically at risk of flooding from storms or from water
encroachment. It is important that VA has the means to work with local
authorities on issues that impact the operation of its facilities.
Finally, this bill would require a review and report to Congress on
the security environment at VA facilities. We know that crime has been
increasing at VA campuses, and while VA claims it has reworked its
policing structure and hired a record number of officers, our committee
lacks the data needed for proper oversight.
Veterans and the staff that support them need to be confident that
the facilities they use are safe places to receive care and seek
benefits.
This review will go a long way toward identifying ways to enhance
safety and improve security within the Veterans Administration
buildings and campuses.
I thank Representatives Kiggans and Mace, both members of the
committee,
[[Page H6105]]
for their work on the various elements of this bill and for their
unwavering commitment to the veterans we serve.
Additionally, to maintain our commitment to fiscal responsibility, we
have identified an offset and fully funded this bill to ensure the best
possible outcome for our veterans.
Mr. Speaker, I urge all my colleagues to support H.R. 3581, as
amended, and I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3581, as amended, the
Caregiver Outreach and Program Enhancement Act, or COPE Act.
This legislation, as amended, incorporates three Republican-sponsored
bills, which were marked up at the subcommittee and full committee
level over the summer.
First, H.R. 3581 would create a 3-year, $50 million per year grant
program to award grants to entities that will provide mental health
counseling, treatment, or support to caregivers participating in VA's
family caregiver program.
The VA would also be required to provide outreach to caregivers to
inform them of available mental health support offered by grantees. The
legislation also requires the Government Accountability Office to
conduct a study to assess the availability and accessibility of mental
health support for veterans' caregivers.
Additionally, H.R. 3581, as amended, will authorize VA to contribute
to local authorities to mitigate the risk of flooding on local property
adjacent to VA medical facilities. It would also authorize up to $125
million over 5 years for VA to carry out flood mitigation improvements.
Currently, the statute only allows VA to contribute to local
authorities for improvements needed for safe ingress or egress;
however, veterans' access to healthcare is frequently disrupted in
areas that experience frequent flooding, and VA's ability to partner
with local authorities on flood mitigation projects has been limited.
This legislation would also require VA to submit to Congress a report
assessing the extent to which each of its medical facilities is at risk
of flooding, including flooding associated with rising sea levels.
Finally, H.R. 3581, as amended, will establish a 5-year survey
program to examine security and criminal activity at VA facilities,
staffing of VA's police departments, and the availability and adequacy
of VA police equipment and training.
After surveying all facilities, VA will be required to submit annual
reports to Congress summarizing the survey results and providing action
plans for addressing any identified weaknesses.
While I support the policy ideas in H.R. 3581, as amended, I know our
colleagues in the Senate would like to make some changes to this
legislation before it can be enacted. Just last Friday, House committee
staff met with their Senate counterparts to discuss changes to the VA
security reporting provisions.
Senate staff also have proposed broadening the report on VA medical
facility flooding risks such that VA would be required to assess all of
its mission-critical assets, including medical facilities, cemeteries,
and regional offices, and their vulnerabilities to flooding, wildfire,
tornadoes, hurricanes, and other disasters.
Therefore, similar to the other veterans bills we are considering on
the floor today, we already know this legislation simply cannot be
taken up and passed in the Senate, and future House action will be
needed.
It would have been preferable if the majority had resolved these
differences before bringing this bill to the floor. Nevertheless, I
will support H.R. 3581, as amended, and encourage my colleagues to join
me in passing it.
Mr. Speaker, I reserve the balance of my time.
Mr. BERGMAN. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Virginia (Mrs. Kiggans), an esteemed colleague, distinguished naval
officer, and nurse practitioner.
Mrs. KIGGANS of Virginia. Mr. Speaker, I rise today in strong support
of my Caregiver Outreach and Program Enhancement Act. Known as the COPE
Act, this bill takes an important step toward providing mental health
resources to those who care for our Nation's veterans. Specifically,
this legislation would authorize the VA to provide grants to
organizations that support family caregivers' mental health.
Caregivers play a critical role in the lives of older Americans,
especially our veterans. As the only geriatric nurse practitioner in
Congress, I have seen firsthand the positive impact caregivers have in
the lives of the people they care for.
When I was practicing in clinic settings, I had countless
conversations with the people who cared for my patients. I know that
this genuinely rewarding role comes with immense emotional challenges,
as well. These dedicated individuals frequently put aside their own
needs to care for their loved ones and desperately need to have the
resources at their disposal to effectively handle the stress of taking
on such a role.
By ensuring veteran caregivers can properly take care of their mental
health, the COPE Act will improve the lives of our Nation's heroes and
solidify the support system they need to age with dignity. The VA
offers so many great benefits and programs, unfortunately navigating
the wide range of these benefits and programs is so complicated that
many are unaware that they might qualify for them or that these
services even exist at all.
My legislation also seeks to fix this problem by requiring the VA to
reach out to eligible veteran caregivers and make them aware of the
mental health benefits available to them.
I am very proud that another bipartisan bill of mine, the VA Medical
Center Security Reporting Act, is included in this version of the COPE
Act that is being considered today.
From 2018 to 2021, violent crimes at VA medical center campuses more
than doubled from 3,141 to 6,505.
There is a significant lack of important statistics and information
relevant to crime and safety on VA campuses, including the vacancy rate
for VA police departments, availability of issued equipment, and
recommendations to address and reduce criminal activity at medical
centers.
By ensuring these statistics are properly reported, my legislation
will equip us with the information we need to address the increasing
crime at VA medical centers, support our law enforcement officers, and
provide veterans with a safe environment to receive the quality
healthcare they have earned and deserve.
Mr. Speaker, I am the granddaughter of a veteran, the daughter of a
veteran, the wife of a veteran, and the mother of future veterans, and
I served 10 years myself in the Navy as a helicopter pilot. I am also
blessed to represent one of the largest veteran populations in the
country in Hampton Roads, Virginia.
Improving the lives of our Nation's heroes is and always will be one
of my top priorities in Congress, and this bill helps to do just that.
In closing, I thank Chairman Bost for moving this legislation through
the Veterans' Affairs Committee as well as my colleagues on the other
side of the aisle, Representative Chrissy Houlahan and Chris Pappas,
who joined me in introducing these important bills.
I am confident that with the passage of this legislation, we as a
country will move closer to fulfilling our promise to provide for
America's veteran population and those who care for them.
Mr. Speaker, I urge my colleagues to support the COPE Act.
Mr. TAKANO. Mr. Speaker, again, I ask all my colleagues to join me in
passing H.R. 3581, as amended, and I yield back the balance of my time.
Mr. BERGMAN. Mr. Speaker, once again, I encourage all Members to
support this legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Bergman) that the House suspend the rules
and pass the bill, H.R. 3581, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
[[Page H6106]]
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