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>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Health.
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