A bill to amend title 38, United States Code, to establish i

Federal

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.

Source: Congress.gov · 2,401 words in original text

What This Bill Does

This bill creates a new office called the Veterans Economic Opportunity and Transition Administration within the Department of Veterans Affairs. The administration will oversee programs that help veterans and their families with jobs, education, housing loans and small business support. The bill also creates a leadership position called the Under Secretary for Veterans Economic Opportunity and Transition. ##

Who It Affects

- Veterans and their dependents and survivors - The Department of Veterans Affairs employees - The President and Senate (who must approve the Under Secretary's appointment) - Congress (which receives annual reports) ##

Key Provisions

- The Veterans Economic Opportunity and Transition Administration will manage vocational rehabilitation, educational assistance, housing loan programs, veteran-owned business verification and the Transition Assistance Program. (Sec. 1(a), specifically § 8002) - An Under Secretary for Veterans Economic Opportunity and Transition will lead the administration and report directly to the Secretary of Veterans Affairs. The Under Secretary is appointed by the President with Senate approval based on experience in information technology and program management. (Sec. 2(a), § 306A) - When a vacancy occurs for Under Secretary, a commission will recommend at least three candidates to the President. The commission includes industry representatives, veterans, private sector benefits experts and other government officials. (Sec. 2(a), § 306A(c)) - The Secretary of Veterans Affairs must submit annual reports to Congress about the administration's performance, including the number of claims received and decided, average processing time and technology spending. (Sec. 1(a), specifically § 8003) - The Secretary cannot transfer services to the new administration until certifying that the transfer will not harm veterans' services and the services are ready. (Sec. 3(b)) ##

What Changes

If this bill becomes law, veterans' economic programs currently scattered across the Veterans Affairs department will move under one unified administration with a dedicated leader. The new administration will coordinate job training, education benefits, housing loans and small business support. Employees transferred to this new administration keep their current labor rights and union protections. Congress will receive detailed annual reports on how well the administration performs. ##

Important Definitions

The bill does not explicitly define key terms like "economic opportunity," "dependents," "survivors" or "Transition Assistance Program." ##

Effective Date

The new administration and the Under Secretary position take effect on October 1, 2023. (Sec. 1(b) and Sec. 2(c))

II 118TH CONGRESS 1ST SESSION S. 291 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 SENATE OF THE UNITED STATES FEBRUARY 7, 2023 Mr. RUBIO (for himself, Mr. SCOTT of Florida, Ms. HASSAN, and Mr. CRUZ) introduced the following bill; which was read twice and 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. ESTABLISHMENT OF VETERANS ECONOMIC OP- 3 PORTUNITY AND TRANSITION ADMINISTRA- 4 TION. 5 (a) VETERANS ECONOMIC OPPORTUNITY AND TRAN- 6 SITION ADMINISTRATION.— 7 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 291 IS (1) IN GENERAL.—Part V of title 38, United 1 States Code, is amended by adding at the end the 2 following new chapter: 3 ‘‘CHAPTER 80—VETERANS ECONOMIC OP- 4 PORTUNITY AND TRANSITION ADMIN- 5 ISTRATION 6 ‘‘Sec. ‘‘8001. Organization of Administration. ‘‘8002. Functions of Administration. ‘‘8003. Annual report to Congress. ‘‘§ 8001. Organization of Administration 7 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND 8 TRANSITION ADMINISTRATION.—There is in the Depart- 9 ment of Veterans Affairs a Veterans Economic Oppor- 10 tunity and Transition Administration. The primary func- 11 tion of the Veterans Economic Opportunity and Transi- 12 tion Administration is the administration of the programs 13 of the Department that provide assistance related to eco- 14 nomic opportunity to veterans and their dependents and 15 survivors. 16 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR- 17 TUNITY AND TRANSITION.—The Veterans Economic Op- 18 portunity and Transition Administration is under the 19 Under Secretary for Veterans Economic Opportunity and 20 Transition, who is directly responsible to the Secretary for 21 the operations of the Administration. 22 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 291 IS ‘‘§ 8002. Functions of Administration 1 ‘‘The Veterans Economic Opportunity and Transition 2 Administration is responsible for the administration of the 3 following programs of the Department: 4 ‘‘(1) Vocational rehabilitation and employment 5 programs. 6 ‘‘(2) Educational assistance programs. 7 ‘‘(3) Veterans’ housing loan and related pro- 8 grams. 9 ‘‘(4) The verification of small businesses owned 10 and controlled by veterans pursuant to subsection (f) 11 of section 8127 of this title, including the adminis- 12 tration of the database of veteran-owned businesses 13 described in such subsection. 14 ‘‘(5) The Transition Assistance Program under 15 section 1144 of title 10. 16 ‘‘(6) Any other program of the Department 17 that the Secretary determines appropriate. 18 ‘‘§ 8003. Annual report to Congress 19 ‘‘The Secretary shall include in the annual report to 20 the Congress required by section 529 of this title a report 21 on the programs administered by the Under Secretary for 22 Veterans Economic Opportunity and Transition. Each 23 such report shall include the following with respect to each 24 such program during the fiscal year covered by that re- 25 port: 26 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 291 IS ‘‘(1) The number of claims received. 1 ‘‘(2) The number of claims decided. 2 ‘‘(3) The average processing time for a claim. 3 ‘‘(4) The number of successful outcomes (as de- 4 termined by the Secretary). 5 ‘‘(5) The number of full-time equivalent em- 6 ployees. 7 ‘‘(6) The amounts expended for information 8 technology.’’. 9 (2) CLERICAL AMENDMENTS.—The tables of 10 chapters at the beginning of title 38, United States 11 Code, and of part V of title 38, United States Code, 12 are each amended by inserting after the item relat- 13 ing to chapter 79 the following new item: 14 ‘‘80. Veterans Economic Opportunity and Transition Ad- ministration ............................................................. 8001’’. (b) EFFECTIVE DATE.—Chapter 80 of title 38, 15 United States Code, as added by subsection (a), shall take 16 effect on October 1, 2023. 17 (c) AUTHORIZATION FOR APPROPRIATIONS FOR VET- 18 ERANS BENEFITS ADMINISTRATIONS.—There is author- 19 ized to be appropriated for fiscal year 2023 for the Gen- 20 eral Operating Expenses account of the Veterans Benefits 21 Administration $3,207,000,000. 22 (d) LABOR RIGHTS.—Any labor rights, inclusion in 23 the bargaining unit, and collective bargaining agreement 24 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 291 IS that affects an employee of the Department of Veterans 1 Affairs who is transferred to the Veterans Economic Op- 2 portunity and Transition Administration, as established 3 under chapter 80 of title 38, United States Code, as added 4 by subsection (a), shall apply in the same manner to such 5 employee after such transfer. 6 SEC. 2. UNDER SECRETARY FOR VETERANS ECONOMIC OP- 7 PORTUNITY AND TRANSITION. 8 (a) UNDER SECRETARY.— 9 (1) IN GENERAL.—Chapter 3 of title 38, United 10 States Code, is amended by inserting after section 11 306 the following new section: 12 ‘‘§ 306A. Under Secretary for Veterans Economic Op- 13 portunity and Transition 14 ‘‘(a) UNDER SECRETARY.—There is in the Depart- 15 ment an Under Secretary for Veterans Economic Oppor- 16 tunity and Transition, who is appointed by the President, 17 by and with the advice and consent of the Senate. The 18 Under Secretary for Veterans Economic Opportunity and 19 Transition shall be appointed without regard to political 20 affiliation or activity and solely on the basis of dem- 21 onstrated ability in— 22 ‘‘(1) information technology; and 23 ‘‘(2) the administration of programs within the 24 Veterans Economic Opportunity and Transition Ad- 25 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 291 IS ministration or programs of similar content and 1 scope. 2 ‘‘(b) RESPONSIBILITIES.—The Under Secretary for 3 Veterans Economic Opportunity and Transition is the 4 head of, and is directly responsible to the Secretary for 5 the operations of, the Veterans Economic Opportunity and 6 Transition Administration. 7 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the po- 8 sition of Under Secretary for Veterans Economic Oppor- 9 tunity and Transition occurs or is anticipated, the Sec- 10 retary shall establish a commission to recommend individ- 11 uals to the President for appointment to the position. 12 ‘‘(2) A commission established under this subsection 13 shall be composed of the following members appointed by 14 the Secretary: 15 ‘‘(A) Three persons representing education and 16 training, vocational rehabilitation, employment, real 17 estate, mortgage finance and related industries, and 18 survivor benefits activities affected by the Veterans 19 Economic Opportunity and Transition Administra- 20 tion. 21 ‘‘(B) Two persons representing veterans served 22 by the Veterans Economic Opportunity and Transi- 23 tion Administration. 24 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 291 IS ‘‘(C) Two persons who have experience in the 1 management of private sector benefits programs of 2 similar content and scope to the economic oppor- 3 tunity and transition programs of the Department. 4 ‘‘(D) The Deputy Secretary of Veterans Affairs. 5 ‘‘(E) The chairman of the Veterans’ Advisory 6 Committee on Education formed under section 3692 7 of this title. 8 ‘‘(F) One person who has held the position of 9 Under Secretary for Veterans Economic Opportunity 10 and Transition, if the Secretary determines that it 11 is desirable for such person to be a member of the 12 commission. 13 ‘‘(3) A commission established under this subsection 14 shall recommend at least three individuals for appoint- 15 ment to the position of Under Secretary for Veterans Eco- 16 nomic Opportunity and Transition. The commission shall 17 submit all recommendations to the Secretary. The Sec- 18 retary shall forward the recommendations to the President 19 and the Committees on Veterans’ Affairs of the Senate 20 and House of Representatives with any comments the Sec- 21 retary considers appropriate. Thereafter, the President 22 may request the commission to recommend additional in- 23 dividuals for appointment. 24 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 291 IS ‘‘(4) The Assistant Secretary or Deputy Assistant 1 Secretary of Veterans Affairs who performs personnel 2 management and labor relations functions shall serve as 3 the executive secretary of a commission established under 4 this subsection.’’. 5 (2) CLERICAL AMENDMENT.—The table of sec- 6 tions at the beginning of such chapter is amended 7 by inserting after the item relating to section 306 8 the following new item: 9 ‘‘306A. Under Secretary for Veterans Economic Opportunity and Transition.’’. (b) CONFORMING AMENDMENTS.—Title 38, United 10 States Code, is further amended— 11 (1) in section 306(c)(2), by striking subpara- 12 graphs (A) and (E) and redesignating subpara- 13 graphs (B), (C), (D), and (F), as subparagraphs (A) 14 through (D), respectively; 15 (2) in section 317(d)(2), by inserting after 16 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 17 Under Secretary for Veterans Economic Opportunity 18 and Transition,’’; 19 (3) in section 318(d)(2), by inserting after 20 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 21 Under Secretary for Veterans Economic Opportunity 22 and Transition,’’; 23 (4) in section 516(e)(2)(C), by striking ‘‘Health 24 and the Under Secretary for Benefits’’ and inserting 25 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 291 IS ‘‘Health, the Under Secretary for Benefits, and the 1 Under Secretary for Veterans Economic Opportunity 2 and Transition’’; 3 (5) in section 541(a)(2)(B), by striking ‘‘Health 4 and the Under Secretary for Benefits’’ and inserting 5 ‘‘Health, the Under Secretary for Benefits, and the 6 Under Secretary for Veterans Economic Opportunity 7 and Transition’’; 8 (6) in section 542(a)(2)(B)(iii), by striking 9 ‘‘Health and the Under Secretary for Benefits’’ and 10 inserting ‘‘Health, the Under Secretary for Benefits, 11 and the Under Secretary for Veterans Economic Op- 12 portunity and Transition’’; 13 (7) in section 544(a)(2)(B)(vi), by striking 14 ‘‘Health and the Under Secretary for Benefits’’ and 15 inserting ‘‘Health, the Under Secretary for Benefits, 16 and the Under Secretary for Veterans Economic Op- 17 portunity and Transition’’; 18 (8) in section 709(c)(2)(A), by inserting after 19 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 20 Under Secretary for Veterans Economic Opportunity 21 and Transition,’’; 22 (9) in section 7701(a), by inserting after ‘‘as- 23 sistance’’ the following: ‘‘, other than assistance re- 24 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 291 IS lated to Economic Opportunity and Transition,’’; 1 and 2 (10) in section 7703, by striking paragraphs (2) 3 and (3) and redesignating paragraphs (4) and (5) as 4 paragraphs (2) and (3), respectively. 5 (c) EFFECTIVE DATE.—Section 306A of title 38, 6 United States Code, as added by subsection (a), and the 7 amendments made by this section, shall take effect on Oc- 8 tober 1, 2023. 9 SEC. 3. TRANSFER OF SERVICES. 10 (a) REPORT TO CONGRESS.—Not later than 180 days 11 after the date of the enactment of this Act, the Secretary 12 of Veterans’ Affairs shall submit to the Committee on Vet- 13 erans Affairs of the Senate and the Committee on Vet- 14 erans’ Affairs of the House of Representatives a report 15 on the progress toward establishing the Veterans Eco- 16 nomic Opportunity and Transition Administration, as es- 17 tablished under section 8001 of title 38, United States 18 Code, as added by section 1, and the transition of the pro- 19 vision of services to veterans by such Administration. 20 (b) CERTIFICATION.—The Secretary of Veterans Af- 21 fairs may not transfer the function of providing any serv- 22 ices to veterans to the Veterans Economic Opportunity 23 and Transition Administration, as established under sec- 24 tion 8001 of title 38, United States Code, as added by 25 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 291 IS section 1, until the Secretary submits to the Committee 1 on Veterans’ Affairs of the Senate and the Committee on 2 Veterans’ Affairs of the House of Representatives certifi- 3 cation that— 4 (1) the transition of the provision of services to 5 such Administration will not negatively affect the 6 provision of such services to veterans; and 7 (2) such services are ready to be transferred. 8 (c) DEADLINE FOR CERTIFICATION.—The Secretary 9 shall submit to the Committee on Veterans’ Affairs of the 10 Senate and the Committee on Veterans’ Affairs of the 11 House of Representatives the certification required by 12 subsection (b)— 13 (1) no earlier than April 1, 2023; and 14 (2) no later than September 1, 2023. 15 (d) FAILURE TO CERTIFY.—If the Secretary fails to 16 submit the certification required by subsection (b) by the 17 date specified in subsection (c)(2), the Secretary shall sub- 18 mit to the Committee on Veterans’ Affairs of the Senate 19 and the Committee on Veterans’ Affairs of the House of 20 Representatives a report that includes— 21 (1) the reason why the certification was not 22 made by such date; and 23 VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 291 IS (2) the estimated date when the certification 1 will be made. 2 Æ VerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S291.IS S291 p [Text truncated for display. Full text available on Congress.gov.]

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