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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ESTABLISHMENT OF VETERANS ECONOMIC OP4 PORTUNITY AND TRANSITION ADMINISTRA5 TION. 

6 (a) VETERANS ECONOMIC OPPORTUNITY AND TRAN7 SITION ADMINISTRATION.— 


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1 (1) IN GENERAL.—Part V of title 38, United 

2 States Code, is amended by adding at the end the 

3 following new chapter: 

4 ‘‘CHAPTER 80—VETERANS ECONOMIC OP5 PORTUNITY AND TRANSITION ADMIN6 ISTRATION 

‘‘Sec. 

‘‘8001. Organization of Administration. 

‘‘8002. Functions of Administration. 

‘‘8003. Annual report to Congress. 

7 ‘‘§ 8001. Organization of Administration 

8 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND

9 TRANSITION ADMINISTRATION.—There is in the Depart10 ment of Veterans Affairs a Veterans Economic Oppor11 tunity and Transition Administration. The primary func12 tion of the Veterans Economic Opportunity and Transi13 tion Administration is the administration of the programs 

14 of the Department that provide assistance related to eco15 nomic opportunity to veterans and their dependents and 

16 survivors. 

17 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR18 TUNITY AND TRANSITION.—The Veterans Economic Op19 portunity and Transition Administration is under the 

20 Under Secretary for Veterans Economic Opportunity and 

21 Transition, who is directly responsible to the Secretary for 

22 the operations of the Administration. 


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1 ‘‘§ 8002. Functions of Administration 

2 ‘‘The Veterans Economic Opportunity and Transition 

3 Administration is responsible for the administration of the 

4 following programs of the Department: 

5 ‘‘(1) Vocational rehabilitation and employment 

6 programs. 

7 ‘‘(2) Educational assistance programs. 

8 ‘‘(3) Veterans’ housing loan and related pro9 grams. 

10 ‘‘(4) The verification of small businesses owned 

11 and controlled by veterans pursuant to subsection (f) 

12 of section 8127 of this title, including the adminis13 tration of the database of veteran-owned businesses 

14 described in such subsection. 

15 ‘‘(5) The Transition Assistance Program under 

16 section 1144 of title 10. 

17 ‘‘(6) Any other program of the Department 

18 that the Secretary determines appropriate. 

19 ‘‘§ 8003. Annual report to Congress 

20 ‘‘The Secretary shall include in the annual report to 

21 the Congress required by section 529 of this title a report 

22 on the programs administered by the Under Secretary for 

23 Veterans Economic Opportunity and Transition. Each 

24 such report shall include the following with respect to each 

25 such program during the fiscal year covered by that re26 port: 


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1 ‘‘(1) The number of claims received. 

2 ‘‘(2) The number of claims decided. 

3 ‘‘(3) The average processing time for a claim. 

4 ‘‘(4) The number of successful outcomes (as de5 termined by the Secretary). 

6 ‘‘(5) The number of full-time equivalent em7 ployees. 

8 ‘‘(6) The amounts expended for information 

9 technology.’’. 

10 (2) CLERICAL AMENDMENTS.—The tables of 

11 chapters at the beginning of title 38, United States 

12 Code, and of part V of title 38, United States Code, 

13 are each amended by inserting after the item relat14 ing to chapter 79 the following new item: 

‘‘80. Veterans Economic Opportunity and Transition Administration ............................................................. 8001’’. 

15 (b) EFFECTIVE DATE.—Chapter 80 of title 38, 

16 United States Code, as added by subsection (a), shall take 

17 effect on October 1, 2023. 

18 (c) AUTHORIZATION FOR APPROPRIATIONS FOR VET19 ERANS BENEFITS ADMINISTRATIONS.—There is author20 ized to be appropriated for fiscal year 2023 for the Gen21 eral Operating Expenses account of the Veterans Benefits 

22 Administration $3,207,000,000. 

23 (d) LABOR RIGHTS.—Any labor rights, inclusion in 

24 the bargaining unit, and collective bargaining agreement 


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1 that affects an employee of the Department of Veterans 

2 Affairs who is transferred to the Veterans Economic Op3 portunity and Transition Administration, as established 

4 under chapter 80 of title 38, United States Code, as added 

5 by subsection (a), shall apply in the same manner to such 

6 employee after such transfer. 

7 SEC. 2. UNDER SECRETARY FOR VETERANS ECONOMIC OP8 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 Op14 portunity and Transition 

15 ‘‘(a) UNDER SECRETARY.—There is in the Depart16 ment an Under Secretary for Veterans Economic Oppor17 tunity and Transition, who is appointed by the President, 

18 by and with the advice and consent of the Senate. The 

19 Under Secretary for Veterans Economic Opportunity and 

20 Transition shall be appointed without regard to political 

21 affiliation or activity and solely on the basis of dem22 onstrated ability in— 

23 ‘‘(1) information technology; and 

24 ‘‘(2) the administration of programs within the 

25 Veterans Economic Opportunity and Transition AdVerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291

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1 ministration or programs of similar content and 

2 scope. 

3 ‘‘(b) RESPONSIBILITIES.—The Under Secretary for 

4 Veterans Economic Opportunity and Transition is the 

5 head of, and is directly responsible to the Secretary for 

6 the operations of, the Veterans Economic Opportunity and 

7 Transition Administration. 

8 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the po9 sition of Under Secretary for Veterans Economic Oppor10 tunity and Transition occurs or is anticipated, the Sec11 retary shall establish a commission to recommend individ12 uals to the President for appointment to the position. 

13 ‘‘(2) A commission established under this subsection 

14 shall be composed of the following members appointed by 

15 the Secretary: 

16 ‘‘(A) Three persons representing education and 

17 training, vocational rehabilitation, employment, real 

18 estate, mortgage finance and related industries, and 

19 survivor benefits activities affected by the Veterans 

20 Economic Opportunity and Transition Administra21 tion. 

22 ‘‘(B) Two persons representing veterans served 

23 by the Veterans Economic Opportunity and Transi24 tion Administration. 


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1 ‘‘(C) Two persons who have experience in the 

2 management of private sector benefits programs of 

3 similar content and scope to the economic oppor4 tunity and transition programs of the Department. 

5 ‘‘(D) The Deputy Secretary of Veterans Affairs. 

6 ‘‘(E) The chairman of the Veterans’ Advisory 

7 Committee on Education formed under section 3692 

8 of this title. 

9 ‘‘(F) One person who has held the position of 

10 Under Secretary for Veterans Economic Opportunity 

11 and Transition, if the Secretary determines that it 

12 is desirable for such person to be a member of the 

13 commission. 

14 ‘‘(3) A commission established under this subsection 

15 shall recommend at least three individuals for appoint16 ment to the position of Under Secretary for Veterans Eco17 nomic Opportunity and Transition. The commission shall 

18 submit all recommendations to the Secretary. The Sec19 retary shall forward the recommendations to the President 

20 and the Committees on Veterans’ Affairs of the Senate 

21 and House of Representatives with any comments the Sec22 retary considers appropriate. Thereafter, the President 

23 may request the commission to recommend additional in24 dividuals for appointment. 


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1 ‘‘(4) The Assistant Secretary or Deputy Assistant 

2 Secretary of Veterans Affairs who performs personnel 

3 management and labor relations functions shall serve as 

4 the executive secretary of a commission established under 

5 this subsection.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item relating to section 306 

9 the following new item: 

‘‘306A. Under Secretary for Veterans Economic Opportunity and Transition.’’. 

10 (b) CONFORMING AMENDMENTS.—Title 38, United 

11 States Code, is further amended— 

12 (1) in section 306(c)(2), by striking subpara13 graphs (A) and (E) and redesignating subpara14 graphs (B), (C), (D), and (F), as subparagraphs (A) 

15 through (D), respectively; 

16 (2) in section 317(d)(2), by inserting after 

17 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 

18 Under Secretary for Veterans Economic Opportunity 

19 and Transition,’’; 

20 (3) in section 318(d)(2), by inserting after 

21 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 

22 Under Secretary for Veterans Economic Opportunity 

23 and Transition,’’; 

24 (4) in section 516(e)(2)(C), by striking ‘‘Health 

25 and the Under Secretary for Benefits’’ and inserting 


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1 ‘‘Health, the Under Secretary for Benefits, and the 

2 Under Secretary for Veterans Economic Opportunity 

3 and Transition’’; 

4 (5) in section 541(a)(2)(B), 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 (6) in section 542(a)(2)(B)(iii), by striking 

10 ‘‘Health and the Under Secretary for Benefits’’ and 

11 inserting ‘‘Health, the Under Secretary for Benefits, 

12 and the Under Secretary for Veterans Economic Op13 portunity and Transition’’; 

14 (7) in section 544(a)(2)(B)(vi), 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 Op18 portunity and Transition’’; 

19 (8) in section 709(c)(2)(A), by inserting after 

20 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 

21 Under Secretary for Veterans Economic Opportunity 

22 and Transition,’’; 

23 (9) in section 7701(a), by inserting after ‘‘as24 sistance’’ the following: ‘‘, other than assistance reVerDate Sep 11 2014 21:00 Feb 17, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S291.IS S291

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1 lated to Economic Opportunity and Transition,’’; 

2 and 

3 (10) in section 7703, by striking paragraphs (2) 

4 and (3) and redesignating paragraphs (4) and (5) as 

5 paragraphs (2) and (3), respectively. 

6 (c) EFFECTIVE DATE.—Section 306A of title 38, 

7 United States Code, as added by subsection (a), and the 

8 amendments made by this section, shall take effect on Oc9 tober 1, 2023. 

10 SEC. 3. TRANSFER OF SERVICES. 

11 (a) REPORT TO CONGRESS.—Not later than 180 days 

12 after the date of the enactment of this Act, the Secretary 

13 of Veterans’ Affairs shall submit to the Committee on Vet14 erans Affairs of the Senate and the Committee on Vet15 erans’ Affairs of the House of Representatives a report 

16 on the progress toward establishing the Veterans Eco17 nomic Opportunity and Transition Administration, as es18 tablished under section 8001 of title 38, United States 

19 Code, as added by section 1, and the transition of the pro20 vision of services to veterans by such Administration. 

21 (b) CERTIFICATION.—The Secretary of Veterans Af22 fairs may not transfer the function of providing any serv23 ices to veterans to the Veterans Economic Opportunity 

24 and Transition Administration, as established under sec25 tion 8001 of title 38, United States Code, as added by 


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1 section 1, until the Secretary submits to the Committee 

2 on Veterans’ Affairs of the Senate and the Committee on 

3 Veterans’ Affairs of the House of Representatives certifi4 cation that— 

5 (1) the transition of the provision of services to 

6 such Administration will not negatively affect the 

7 provision of such services to veterans; and 

8 (2) such services are ready to be transferred. 

9 (c) DEADLINE FOR CERTIFICATION.—The Secretary 

10 shall submit to the Committee on Veterans’ Affairs of the 

11 Senate and the Committee on Veterans’ Affairs of the 

12 House of Representatives the certification required by 

13 subsection (b)— 

14 (1) no earlier than April 1, 2023; and 

15 (2) no later than September 1, 2023. 

16 (d) FAILURE TO CERTIFY.—If the Secretary fails to 

17 submit the certification required by subsection (b) by the 

18 date specified in subsection (c)(2), the Secretary shall sub19 mit to the Committee on Veterans’ Affairs of the Senate 

20 and the Committee on Veterans’ Affairs of the House of 

21 Representatives a report that includes— 

22 (1) the reason why the certification was not 

23 made by such date; and 


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1 (2) the estimated date when the certification 

2 will be made. 

Æ 


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