VET OPP Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1003 To amend title 38, United States Code, 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, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 3, 2019 Mr. RUBIO (for himself and Ms. HASSAN) 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 the Veterans Economic Opportunity and Transition Adminis- tration and the Under Secretary for Veterans Economic Opportunity and Transition of the Department of Vet- erans Affairs, 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. SHORT TITLE. 3 This Act may be cited as the ‘‘Veterans’ Education, 4 Transition, and Opportunity Prioritization Plan Act of 5 2019’’ or the ‘‘VET OPP Act of 2019’’. 6 VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1003 IS SEC. 2. ESTABLISHMENT OF VETERANS ECONOMIC OPPOR- 1 TUNITY AND TRANSITION ADMINISTRATION. 2 (a) VETERANS ECONOMIC OPPORTUNITY AND TRAN- 3 SITION ADMINISTRATION.— 4 (1) IN GENERAL.—Part V of title 38, United 5 States Code, is amended by adding at the end the 6 following new chapter: 7 ‘‘CHAPTER 80—VETERANS ECONOMIC OP- 8 PORTUNITY AND TRANSITION ADMIN- 9 ISTRATION 10 ‘‘8001. Organization of Administration. ‘‘8002. Functions of Administration. ‘‘8003. Annual report to Congress. ‘‘§ 8001. Organization of Administration 11 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND 12 TRANSITION ADMINISTRATION.—(1) There is in the De- 13 partment of Veterans Affairs a Veterans Economic Oppor- 14 tunity and Transition Administration. 15 ‘‘(2) The primary function of the Veterans Economic 16 Opportunity and Transition Administration is the admin- 17 istration of the programs of the Department that provide 18 assistance related to economic opportunity to veterans and 19 their dependents and survivors. 20 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR- 21 TUNITY AND TRANSITION.—The Veterans Economic Op- 22 portunity and Transition Administration is under the 23 Under Secretary for Veterans Economic Opportunity and 24 VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1003 IS Transition, who is directly responsible to the Secretary for 1 the operations of the Administration. 2 ‘‘§ 8002. Functions of Administration 3 ‘‘The Veterans Economic Opportunity and Transition 4 Administration is responsible for the administration of the 5 following programs of the Department: 6 ‘‘(1) Vocational rehabilitation and employment 7 programs. 8 ‘‘(2) Educational assistance programs. 9 ‘‘(3) Veterans’ housing loan and related pro- 10 grams. 11 ‘‘(4) The verification of small businesses owned 12 and controlled by veterans pursuant to subsection (f) 13 of section 8127 of this title, including the adminis- 14 tration of the database of veteran-owned businesses 15 described in such subsection. 16 ‘‘(5) The Transition Assistance Program under 17 section 1144 of title 10. 18 ‘‘(6) Any other program of the Department 19 that the Secretary determines appropriate. 20 ‘‘§ 8003. Annual report to Congress 21 ‘‘(a) IN GENERAL.—The Secretary shall include in 22 the annual report to Congress required by section 529 of 23 this title a report on the programs administered by the 24 VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1003 IS Under Secretary for Veterans Economic Opportunity and 1 Transition. 2 ‘‘(b) CONTENTS.—Each report submitted under sub- 3 section (a) shall include the following with respect to each 4 program described in such subsection during the fiscal 5 year covered by the report: 6 ‘‘(1) The number of claims received. 7 ‘‘(2) The number of claims decided. 8 ‘‘(3) The average processing time for a claim. 9 ‘‘(4) The number of successful outcomes (as de- 10 termined by the Secretary). 11 ‘‘(5) The number of full-time equivalent em- 12 ployees. 13 ‘‘(6) The amounts expended for information 14 technology.’’. 15 (2) CLERICAL AMENDMENTS.—The tables of 16 chapters at the beginning of title 38, United States 17 Code, and of part V of title 38, United States Code, 18 are each amended by inserting after the item relat- 19 ing to chapter 79 the following new item: 20 ‘‘80. Veterans Economic Opportunity and Transition Ad- ministration ............................................................. 8001’’. (b) EFFECTIVE DATE.—Chapter 80 of title 38, 21 United States Code, as added by subsection (a), shall take 22 effect on October 1, 2020. 23 VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1003 IS (c) FULL-TIME EMPLOYEES.—For fiscal years 2019 1 and 2020, the total number of full-time equivalent employ- 2 ees authorized for the Veterans Benefits Administration 3 and the Veterans Economic Opportunity and Transition 4 Administration, as established under chapter 80 of title 5 38, United States Code, as added by subsection (a), may 6 not exceed 23,899. 7 SEC. 3. UNDER SECRETARY FOR VETERANS ECONOMIC OP- 8 PORTUNITY AND TRANSITION. 9 (a) UNDER SECRETARY.— 10 (1) IN GENERAL.—Chapter 3 of title 38, United 11 States Code, is amended by inserting after section 12 306 the following new section: 13 ‘‘§ 306A. Under Secretary for Veterans Economic Op- 14 portunity and Transition 15 ‘‘(a) UNDER SECRETARY.—(1) There is in the De- 16 partment an Under Secretary for Veterans Economic Op- 17 portunity and Transition, who is appointed by the Presi- 18 dent, by and with the advice and consent of the Senate. 19 ‘‘(2) The Under Secretary for Veterans Economic 20 Opportunity and Transition shall be appointed without re- 21 gard to political affiliation or activity and solely on the 22 basis of demonstrated ability in— 23 ‘‘(A) information technology; and 24 VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1003 IS ‘‘(B) the administration of programs within the 1 Veterans Economic Opportunity and Transition Ad- 2 ministration or programs of similar content and 3 scope. 4 ‘‘(b) RESPONSIBILITIES.—The Under Secretary for 5 Veterans Economic Opportunity and Transition is the 6 head of, and is directly responsible to the Secretary for 7 the operations of, the Veterans Economic Opportunity and 8 Transition Administration. 9 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the po- 10 sition of Under Secretary for Veterans Economic Oppor- 11 tunity and Transition occurs or is anticipated, the Sec- 12 retary shall establish a commission to recommend individ- 13 uals to the President for appointment to the position. 14 ‘‘(2) A commission established under this subsection 15 shall be composed of the following members appointed by 16 the Secretary: 17 ‘‘(A) Three persons representing education and 18 training, vocational rehabilitation, employment, real 19 estate, mortgage finance and related industries, and 20 survivor benefits activities affected by the Veterans 21 Economic Opportunity and Transition Administra- 22 tion. 23 VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1003 IS ‘‘(B) Two persons representing veterans served 1 by the Veterans Economic Opportunity and Transi- 2 tion Administration. 3 ‘‘(C) Two persons who have experience in the 4 management of private sector benefits programs of 5 similar content and scope to the economic oppor- 6 tunity and transition programs of the Department. 7 ‘‘(D) The Deputy Secretary of Veterans Affairs. 8 ‘‘(E) The chairman of the Veterans’ Advisory 9 Committee on Education formed under section 3692 10 of this title. 11 ‘‘(F) One person who has held the position of 12 Under Secretary for Veterans Economic Opportunity 13 and Transition, if the Secretary determines that it 14 is desirable for such person to be a member of the 15 commission. 16 ‘‘(3)(A) A commission established under this sub- 17 section shall recommend at least three individuals for ap- 18 pointment to the position of Under Secretary for Veterans 19 Economic Opportunity and Transition. 20 ‘‘(B) The commission shall submit all recommenda- 21 tions under subparagraph (A) to the Secretary. 22 ‘‘(C) The Secretary shall forward the recommenda- 23 tions received under subparagraph (B) to the President 24 and the Committee on Veterans’ Affairs of the Senate and 25 VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1003 IS the Committee on Veterans’ Affairs of the House of Rep- 1 resentatives with any comments the Secretary considers 2 appropriate. 3 ‘‘(D) After receiving a recommendation under sub- 4 paragraph (C), the President may request the commission 5 to recommend additional individuals for appointment. 6 ‘‘(4) The Assistant Secretary or Deputy Assistant 7 Secretary of Veterans Affairs who performs personnel 8 management and labor relations functions shall serve as 9 the executive secretary of a commission established under 10 this subsection.’’. 11 (2) CLERICAL AMENDMENT.—The table of sec- 12 tions at the beginning of such chapter is amended 13 by inserting after the item relating to section 306 14 the following new item: 15 ‘‘306A. Under Secretary for Veterans Economic Opportunity and Transition.’’. (b) CONFORMING AMENDMENTS.—Title 38, United 16 States Code, is further amended— 17 (1) in section 306(c)(2), by striking subpara- 18 graphs (A) and (E) and redesignating subpara- 19 graphs (B), (C), (D), and (F), as subparagraphs (A) 20 through (D), respectively; 21 (2) in section 317(d)(2), by inserting after 22 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 23 Under Secretary for Veterans Economic Opportunity 24 and Transition,’’; 25 VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1003 IS (3) in section 318(d)(2), by inserting after 1 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 2 Under Secretary for Veterans Economic Opportunity 3 and Transition,’’; 4 (4) in section 516(e)(2)(C), by striking ‘‘Health 5 and the Under Secretary for Benefits’’ and inserting 6 ‘‘Health, the Under Secretary for Benefits, and the 7 Under Secretary for Veterans Economic Opportunity 8 and Transition’’; 9 (5) in section 541(a)(2)(B), by striking ‘‘Health 10 and the Under Secretary for Benefits’’ and inserting 11 ‘‘Health, the Under Secretary for Benefits, and the 12 Under Secretary for Veterans Economic Opportunity 13 and Transition’’; 14 (6) in section 542(a)(2)(B)(iii), by striking 15 ‘‘Health and the Under Secretary for Benefits’’ and 16 inserting ‘‘Health, the Under Secretary for Benefits, 17 and the Under Secretary for Veterans Economic Op- 18 portunity and Transition’’; 19 (7) in section 544(a)(2)(B)(vi), by striking 20 ‘‘Health and the Under Secretary for Benefits’’ and 21 inserting ‘‘Health, the Under Secretary for Benefits, 22 and the Under Secretary for Veterans Economic Op- 23 portunity and Transition’’; 24 VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1003 IS (8) in section 709(c)(2)(A), by inserting after 1 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 2 Under Secretary for Veterans Economic Opportunity 3 and Transition,’’; 4 (9) in section 7701(a), by inserting after ‘‘as- 5 sistance’’ the following: ‘‘, other than assistance re- 6 lated to Economic Opportunity and Transition,’’; 7 and 8 (10) in section 7703, by striking paragraphs (2) 9 and (3) and redesignating paragraphs (4) and (5) as 10 paragraphs (2) and (3), respectively. 11 (c) EFFECTIVE DATE.—Section 306A of title 38, 12 United States Code, as added by subsection (a), and the 13 amendments made by this section, shall take effect on Oc- 14 tober 1, 2020. 15 Æ VerDate Sep 11 2014 18:36 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S1003.IS S1003 pamtmann on DSKBFK8HB2PROD with BILLS