[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5693 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 671
115th CONGRESS
  2d Session
                                H. R. 5693

                          [Report No. 115-868]

 To amend title 38, United States Code, to authorize the Secretary of 
    Veterans Affairs to enter into contracts and agreements for the 
   placement of veterans in non-Department medical foster homes for 
         certain veterans who are unable to live independently.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2018

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

                             July 24, 2018

  Additional sponsors: Mrs. Radewagen, Miss Gonzalez-Colon of Puerto 
            Rico, Mr. Correa, and Ms. Brownley of California

                             July 24, 2018

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 7, 
                                 2018]


_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to authorize the Secretary of 
    Veterans Affairs to enter into contracts and agreements for the 
   placement of veterans in non-Department medical foster homes for 
         certain veterans who are unable to live independently.


 


    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 ``Long-Term Care Veterans Choice 
Act''.

SEC. 2. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR PLACEMENT 
              OF VETERANS IN NON-DEPARTMENT MEDICAL FOSTER HOMES.

    (a) Authority.--Section 1720 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(h)(1) During the three-year period beginning on October 1, 2019, 
and subject to paragraph (2), at the request of a veteran for whom the 
Secretary is required to provide nursing home care under section 1710A 
of this title, the Secretary may place the veteran in a medical foster 
home that meets Department standards, at the expense of the United 
States, pursuant to a contract, agreement, or other arrangement entered 
into between the Secretary and the medical foster home for such 
purpose. A veteran who is placed in a medical foster home under this 
subsection shall agree, as a condition of such placement, to accept 
home health services furnished by the Secretary under section 1717 of 
this title.
    ``(2) In any year, not more than a daily average of 900 veterans 
placed in a medical foster home, whether placed before or after the 
date of the enactment of this subsection, may have their care covered 
at the expense of the United States under subsection (a).
    ``(3) In this subsection, the term `medical foster home' means a 
home designed to provide non-institutional, long-term, supportive care 
for veterans who are unable to live independently and prefer a family 
setting.''.
    (b) Effective Date.--Subsection (h) of title 38, United States 
Code, as added by subsection (a), shall take effect on October 1, 2019.

SEC. 3. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND TRANSITION 
              ADMINISTRATION.

    (a) Veterans Economic Opportunity and Transition Administration.--
            (1) In general.--Part V of title 38, United States Code, is 
        amended by adding at the end the following new chapter:

      ``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION 
                             ADMINISTRATION

``Sec.
``8001. Organization of Administration.
``8002. Functions of Administration.
``8003. Annual report to Congress.
``Sec. 8001. Organization of Administration
    ``(a) Veterans Economic Opportunity and Transition 
Administration.--There is in the Department of Veterans Affairs a 
Veterans Economic Opportunity and Transition Administration. The 
primary function of the Veterans Economic Opportunity and Transition 
Administration is the administration of the programs of the Department 
that provide assistance related to economic opportunity to veterans and 
their dependents and survivors.
    ``(b) Under Secretary for Economic Opportunity and Transition.--The 
Veterans Economic Opportunity and Transition Administration is under 
the Under Secretary for Veterans Economic Opportunity and Transition, 
who is directly responsible to the Secretary for the operations of the 
Administration.
``Sec. 8002. Functions of Administration
    ``The Veterans Economic Opportunity and Transition Administration 
is responsible for the administration of the following programs of the 
Department:
            ``(1) Vocational rehabilitation and employment programs.
            ``(2) Educational assistance programs.
            ``(3) Veterans' housing loan and related programs.
            ``(4) The verification of small businesses owned and 
        controlled by veterans pursuant to subsection (f) of section 
        8127 of this title, including the administration of the 
        database of veteran-owned businesses described in such 
        subsection.
            ``(5) The Transition Assistance Program under section 1144 
        of title 10.
            ``(6) Any other program of the Department that the 
        Secretary determines appropriate.
``Sec. 8003. Annual report to Congress
    ``The Secretary shall include in the annual report to the Congress 
required by section 529 of this title a report on the programs 
administered by the Under Secretary for Veterans Economic Opportunity 
and Transition. Each such report shall include the following with 
respect to each such program during the fiscal year covered by that 
report:
            ``(1) The number of claims received.
            ``(2) The number of claims decided.
            ``(3) The average processing time for a claim.
            ``(4) The number of successful outcomes (as determined by 
        the Secretary).
            ``(5) The number of full-time equivalent employees.
            ``(6) The amounts expended for information technology.''.
            (2) Clerical amendments.--The tables of chapters at the 
        beginning of title 38, United States Code, and of part V of 
        title 38, United States Code, are each amended by inserting 
        after the item relating to chapter 79 the following new item:

``80.  Veterans Economic Opportunity and Transition             8001''.
                            Administration.
    (b) Effective Date.--Chapter 80 of title 38, United States Code, as 
added by subsection (a), shall take effect on October 1, 2019.
    (c) Full-Time Employees.--For fiscal years 2019 and 2020, the total 
number of full-time equivalent employees authorized for the Veterans 
Benefits Administration and the Veterans Economic Opportunity and 
Transition Administration, as established under chapter 80 of title 38, 
United States Code, as added by subsection (a), may not exceed 23,692.

SEC. 4. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY AND 
              TRANSITION.

    (a) Under Secretary.--
            (1) In general.--Chapter 3 of title 38, United States Code, 
        is amended by inserting after section 306 the following new 
        section:
``Sec. 306A. Under Secretary for Veterans Economic Opportunity and 
              Transition
    ``(a) Under Secretary.--There is in the Department an Under 
Secretary for Veterans Economic Opportunity and Transition, who is 
appointed by the President, by and with the advice and consent of the 
Senate. The Under Secretary for Veterans Economic Opportunity and 
Transition shall be appointed without regard to political affiliation 
or activity and solely on the basis of demonstrated ability in--
            ``(1) information technology; and
            ``(2) the administration of programs within the Veterans 
        Economic Opportunity and Transition Administration or programs 
        of similar content and scope.
    ``(b) Responsibilities.--The Under Secretary for Veterans Economic 
Opportunity and Transition is the head of, and is directly responsible 
to the Secretary for the operations of, the Veterans Economic 
Opportunity and Transition Administration.
    ``(c) Vacancies.--(1) Whenever a vacancy in the position of Under 
Secretary for Veterans Economic Opportunity and Transition occurs or is 
anticipated, the Secretary shall establish a commission to recommend 
individuals to the President for appointment to the position.
    ``(2) A commission established under this subsection shall be 
composed of the following members appointed by the Secretary:
            ``(A) Three persons representing education and training, 
        vocational rehabilitation, employment, real estate, mortgage 
        finance and related industries, and survivor benefits 
        activities affected by the Veterans Economic Opportunity and 
        Transition Administration.
            ``(B) Two persons representing veterans served by the 
        Veterans Economic Opportunity and Transition Administration.
            ``(C) Two persons who have experience in the management of 
        private sector benefits programs of similar content and scope 
        to the economic opportunity and transition programs of the 
        Department.
            ``(D) The Deputy Secretary of Veterans Affairs.
            ``(E) The chairman of the Veterans' Advisory Committee on 
        Education formed under section 3692 of this title.
            ``(F) One person who has held the position of Under 
        Secretary for Veterans Economic Opportunity and Transition, if 
        the Secretary determines that it is desirable for such person 
        to be a member of the commission.
    ``(3) A commission established under this subsection shall 
recommend at least three individuals for appointment to the position of 
Under Secretary for Veterans Economic Opportunity and Transition. The 
commission shall submit all recommendations to the Secretary. The 
Secretary shall forward the recommendations to the President and the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives with any comments the Secretary considers appropriate. 
Thereafter, the President may request the commission to recommend 
additional individuals for appointment.
    ``(4) The Assistant Secretary or Deputy Assistant Secretary of 
Veterans Affairs who performs personnel management and labor relations 
functions shall serve as the executive secretary of a commission 
established under this subsection.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 306 the following new item:

``306A. Under Secretary for Veterans Economic Opportunity and 
                            Transition.''.
    (b) Conforming Amendments.--Title 38, United States Code, is 
further amended--
            (1) in section 306(c)(2), by striking subparagraphs (A) and 
        (E) and redesignating subparagraphs (B), (C), (D), and (F), as 
        subparagraphs (A) through (D), respectively;
            (2) in section 317(d)(2), by inserting after ``Under 
        Secretary for Benefits,'' the following: ``the Under Secretary 
        for Veterans Economic Opportunity and Transition,'';
            (3) in section 318(d)(2), by inserting after ``Under 
        Secretary for Benefits,'' the following: ``the Under Secretary 
        for Veterans Economic Opportunity and Transition,'';
            (4) in section 516(e)(2)(C), by striking ``Health and the 
        Under Secretary for Benefits'' and inserting ``Health, the 
        Under Secretary for Benefits, and the Under Secretary for 
        Veterans Economic Opportunity and Transition'';
            (5) in section 541(a)(2)(B), by striking ``Health and the 
        Under Secretary for Benefits'' and inserting ``Health, the 
        Under Secretary for Benefits, and the Under Secretary for 
        Veterans Economic Opportunity and Transition'';
            (6) in section 542(a)(2)(B)(iii), by striking ``Health and 
        the Under Secretary for Benefits'' and inserting ``Health, the 
        Under Secretary for Benefits, and the Under Secretary for 
        Veterans Economic Opportunity and Transition'';
            (7) in section 544(a)(2)(B)(vi), by striking ``Health and 
        the Under Secretary for Benefits'' and inserting ``Health, the 
        Under Secretary for Benefits, and the Under Secretary for 
        Veterans Economic Opportunity and Transition'';
            (8) in section 709(c)(2)(A), by inserting after ``Under 
        Secretary for Benefits,'' the following: ``the Under Secretary 
        for Veterans Economic Opportunity and Transition,'';
            (9) in section 7701(a), by inserting after ``assistance'' 
        the following: ``, other than assistance related to Economic 
        Opportunity and Transition,''; and
            (10) in section 7703, by striking paragraphs (2) and (3) 
        and redesignating paragraphs (4) and (5) as paragraphs (2) and 
        (3), respectively.
    (c) Effective Date.--Section 306A of title 38, United States Code, 
as added by subsection (a), and the amendments made by this section, 
shall take effect on October 1, 2019.

SEC. 5. LOANS GUARANTEED UNDER HOME LOAN PROGRAM OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    The table in section 3729(b)(2) of such title is amended by 
striking the item relating to subparagraph (E) and inserting the 
following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
``(E)(i) Interest rate                 0.50          0.50            NA
 reduction refinancing loan
 (closed before January 1,
 2019)........................
(E)(ii) Interest rate                  0.75          0.75            NA
 reduction refinancing loan
 (closed on or after January
 1, 2019, but before October
 1, 2024).....................
(E)(iii) Interest rate                 0.50          0.50         NA''.
 reduction refinancing loan
 (closed on or after October
 1, 2024).....................
------------------------------------------------------------------------

            Amend the title so as to read: ``A bill to amend title 38, 
        United States Code, to authorize the Secretary of Veterans 
        Affairs to enter into contracts and agreements for the 
        placement of veterans in non-Department medical foster homes 
        for certain veterans who are unable to live independently, to 
        establish the Veterans Economic Opportunity and Transition 
        Administration and the Under Secretary for Veterans Economic 
        Opportunity and Transition of the Department of Veterans 
        Affairs, to amend the interest rate for certain loans 
        guaranteed under the home loan program of the Department of 
        Veterans Affairs, and for other purposes.''.
                                                 Union Calendar No. 671

115th CONGRESS

  2d Session

                               H. R. 5693

                          [Report No. 115-868]

_______________________________________________________________________

                                 A BILL

 To amend title 38, United States Code, to authorize the Secretary of 
    Veterans Affairs to enter into contracts and agreements for the 
   placement of veterans in non-Department medical foster homes for 
         certain veterans who are unable to live independently.

_______________________________________________________________________

                             July 24, 2018

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed