[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3738 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3738

 To amend title 38, United States Code, to establish in the Department 
 of Veterans Affairs the Veterans Economic Opportunity and Transition 
                Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2023

Mr. Wenstrup (for himself and Mr. Levin) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to establish in the Department 
 of Veterans Affairs the Veterans Economic Opportunity and Transition 
                Administration, 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. 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, 2024.
    (c) Full-Time Employees.--For fiscal years 2024 and 2025, 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--
            (1) 34,228 in fiscal year 2024; and
            (2) 35,417 in fiscal year 2025.
    (d) Labor Rights.--Any labor rights, inclusion in the bargaining 
unit, and collective bargaining agreement that affects an employee of 
the Department of Veterans Affairs who is transferred to the Veterans 
Economic Opportunity and Transition Administration, as established 
under chapter 80 of title 38, United States Code, as added by 
subsection (a), shall apply in the same manner to such employee after 
such transfer.

SEC. 2. 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, 2024.

SEC. 3. TRANSFER OF SERVICES.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
submit to the Committees on Veterans' Affairs of the Senate and House 
of Representatives a report on the progress toward establishing the 
Veterans Economic Opportunity and Transition Administration, as 
established under section 8001 of title 38, United States Code, as 
added by section 4, and the transition of the provision of services to 
veterans by such Administration.
    (b) Certification.--The Secretary of Veterans Affairs may not 
transfer the function of providing any services to veterans to the 
Veterans Economic Opportunity and Transition Administration, as 
established under section 8001 of title 38, United States Code, as 
added by section 4 until the Secretary submits to the Committees on 
Veterans' Affairs of the Senate and House of Representatives 
certification that--
            (1) the transition of the provision of services to such 
        Administration will not negatively affect the provision of such 
        services to veterans; and
            (2) such services are ready to be transferred.
    (c) Deadline for Certification.--The Secretary shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives the certification required by subsection (b)--
            (1) no earlier than April 1, 2024; and
            (2) no later than September 1, 2024.
    (d) Failure To Certify.--If the Secretary fails to submit the 
certification required by subsection (b) by the date specified in 
subsection (c)(2), the Secretary shall submit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a report 
that includes--
            (1) the reason why the certification was not made by such 
        date; and
            (2) the estimated date when the certification will be made.
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