IIB 

117TH CONGRESS 

1ST SESSION H. R. 2494 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2021 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to establish in the 

Department 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, 


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1 SECTION 1. ESTABLISHMENT OF VETERANS ECONOMIC OP2 PORTUNITY AND TRANSITION ADMINISTRA3 TION. 

4 (a) VETERANS ECONOMIC OPPORTUNITY AND TRAN5 SITION ADMINISTRATION.— 

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

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

8 following new chapter: 

9 ‘‘CHAPTER 80—VETERANS ECONOMIC OP10 PORTUNITY AND TRANSITION ADMIN11 ISTRATION 

‘‘Sec. 

‘‘8001. Organization of Administration. 

‘‘8002. Functions of Administration. 

‘‘8003. Annual report to Congress. 

12 ‘‘§ 8001. Organization of Administration 

13 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND

14 TRANSITION ADMINISTRATION.—There is in the Depart15 ment of Veterans Affairs a Veterans Economic Oppor16 tunity and Transition Administration. The primary func17 tion of the Veterans Economic Opportunity and Transi18 tion Administration is the administration of the programs 

19 of the Department that provide assistance related to eco20 nomic opportunity to veterans and their dependents and 

21 survivors. 

22 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR23 TUNITY AND TRANSITION.—The Veterans Economic OpVerDate Sep 11 2014 02:12 May 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2494.RFS H2494

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1 portunity and Transition Administration is under the 

2 Under Secretary for Veterans Economic Opportunity and 

3 Transition, who is directly responsible to the Secretary for 

4 the operations of the Administration. 

5 ‘‘§ 8002. Functions of Administration 

6 ‘‘The Veterans Economic Opportunity and Transition 

7 Administration is responsible for the administration of the 

8 following programs of the Department: 

9 ‘‘(1) Vocational rehabilitation and employment 

10 programs. 

11 ‘‘(2) Educational assistance programs. 

12 ‘‘(3) Veterans’ housing loan and related pro13 grams. 

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

15 and controlled by veterans pursuant to subsection (f) 

16 of section 8127 of this title, including the adminis17 tration of the database of veteran-owned businesses 

18 described in such subsection. 

19 ‘‘(5) The Transition Assistance Program under 

20 section 1144 of title 10. 

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

22 that the Secretary determines appropriate. 

23 ‘‘§ 8003. Annual report to Congress 

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

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


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1 on the programs administered by the Under Secretary for 

2 Veterans Economic Opportunity and Transition. Each 

3 such report shall include the following with respect to each 

4 such program during the fiscal year covered by that re5 port: 

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 de10 termined by the Secretary). 

11 ‘‘(5) The number of full-time equivalent em12 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 relat19 ing to chapter 79 the following new item: 

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

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

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

22 effect on October 1, 2022. 

23 (c) AUTHORIZATION FOR APPROPRIATIONS FOR VET24 ERANS BENEFITS ADMINISTRATIONS.—There is authorVerDate Sep 11 2014 02:12 May 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2494.RFS H2494

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1 ized to be appropriated for fiscal year 2022 for the Gen2 eral Operating Expenses account of the Veterans Benefits 

3 Administration $3,207,000,000. 

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

5 the bargaining unit, and collective bargaining agreement 

6 that affects an employee of the Department of Veterans 

7 Affairs who is transferred to the Veterans Economic Op8 portunity and Transition Administration, as established 

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

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

11 employee after such transfer. 

12 SEC. 2. UNDER SECRETARY FOR VETERANS ECONOMIC OP13 PORTUNITY AND TRANSITION. 

14 (a) UNDER SECRETARY.— 

15 (1) IN GENERAL.—Chapter 3 of title 38, United 

16 States Code, is amended by inserting after section 

17 306 the following new section: 

18 ‘‘§ 306A. Under Secretary for Veterans Economic Op19 portunity and Transition 

20 ‘‘(a) UNDER SECRETARY.—There is in the Depart21 ment an Under Secretary for Veterans Economic Oppor22 tunity and Transition, who is appointed by the President, 

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

24 Under Secretary for Veterans Economic Opportunity and 

25 Transition shall be appointed without regard to political 


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1 affiliation or activity and solely on the basis of dem2 onstrated ability in— 

3 ‘‘(1) information technology; and 

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

5 Veterans Economic Opportunity and Transition Ad6 ministration or programs of similar content and 

7 scope. 

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

9 Veterans Economic Opportunity and Transition is the 

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

11 the operations of, the Veterans Economic Opportunity and 

12 Transition Administration. 

13 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the po14 sition of Under Secretary for Veterans Economic Oppor15 tunity and Transition occurs or is anticipated, the Sec16 retary shall establish a commission to recommend individ17 uals to the President for appointment to the position. 

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

19 shall be composed of the following members appointed by 

20 the Secretary: 

21 ‘‘(A) Three persons representing education and 

22 training, vocational rehabilitation, employment, real 

23 estate, mortgage finance and related industries, and 

24 survivor benefits activities affected by the Veterans 


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1 Economic Opportunity and Transition Administra2 tion. 

3 ‘‘(B) Two persons representing veterans served 

4 by the Veterans Economic Opportunity and Transi5 tion Administration. 

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

7 management of private sector benefits programs of 

8 similar content and scope to the economic oppor9 tunity and transition programs of the Department. 

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

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

12 Committee on Education formed under section 3692 

13 of this title. 

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

15 Under Secretary for Veterans Economic Opportunity 

16 and Transition, if the Secretary determines that it 

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

18 commission. 

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

20 shall recommend at least three individuals for appoint21 ment to the position of Under Secretary for Veterans Eco22 nomic Opportunity and Transition. The commission shall 

23 submit all recommendations to the Secretary. The Sec24 retary shall forward the recommendations to the President 

25 and the Committees on Veterans’ Affairs of the Senate 


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1 and House of Representatives with any comments the Sec2 retary considers appropriate. Thereafter, the President 

3 may request the commission to recommend additional in4 dividuals for appointment. 

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

6 Secretary of Veterans Affairs who performs personnel 

7 management and labor relations functions shall serve as 

8 the executive secretary of a commission established under 

9 this subsection.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended 

12 by inserting after the item relating to section 306 

13 the following new item: 

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

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

15 States Code, is further amended— 

16 (1) in section 306(c)(2), by striking subpara17 graphs (A) and (E) and redesignating subpara18 graphs (B), (C), (D), and (F), as subparagraphs (A) 

19 through (D), respectively; 

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

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

22 Under Secretary for Veterans Economic Opportunity 

23 and Transition,’’; 

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

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


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1 Under Secretary for Veterans Economic Opportunity 

2 and Transition,’’; 

3 (4) in section 516(e)(2)(C), 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 (5) in section 541(a)(2)(B), by striking ‘‘Health 

9 and the Under Secretary for Benefits’’ and inserting 

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

11 Under Secretary for Veterans Economic Opportunity 

12 and Transition’’; 

13 (6) in section 542(a)(2)(B)(iii), 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 Op17 portunity and Transition’’; 

18 (7) in section 544(a)(2)(B)(vi), by striking 

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

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

21 and the Under Secretary for Veterans Economic Op22 portunity and Transition’’; 

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

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


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1 Under Secretary for Veterans Economic Opportunity 

2 and Transition,’’; 

3 (9) in section 7701(a), by inserting after ‘‘as4 sistance’’ the following: ‘‘, other than assistance re5 lated to Economic Opportunity and Transition,’’; 

6 and 

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

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

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

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

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

12 amendments made by this section, shall take effect on Oc13 tober 1, 2022. 

14 SEC. 3. TRANSFER OF SERVICES. 

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

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

17 of Veterans Affairs shall submit to the Committees on 

18 Veterans’ Affairs of the Senate and House of Representa19 tives a report on the progress toward establishing the Vet20 erans Economic Opportunity and Transition Administra21 tion, as established under section 8001 of title 38, United 

22 States Code, as added by section 4, and the transition of 

23 the provision of services to veterans by such Administra24 tion. 


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1 (b) CERTIFICATION.—The Secretary of Veterans Af2 fairs may not transfer the function of providing any serv3 ices to veterans to the Veterans Economic Opportunity 

4 and Transition Administration, as established under sec5 tion 8001 of title 38, United States Code, as added by 

6 section 4 until the Secretary submits to the Committees 

7 on Veterans’ Affairs of the Senate and House of Rep8 resentatives certification that— 

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

10 such Administration will not negatively affect the 

11 provision of such services to veterans; 

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

13 (c) DEADLINE FOR CERTIFICATION.—The Secretary 

14 shall submit to the Committees on Veterans’ Affairs of 

15 the Senate and House of Representatives the certification 

16 required by subsection (b)— 

17 (1) no earlier than April 1, 2022; and 

18 (2) no later than September 1, 2022. 

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

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

21 date specified in subsection (c)(2), the Secretary shall sub22 mit to the Committees on Veterans’ Affairs of the Senate 

23 and House of Representatives a report that includes— 

24 (1) the reason why the certification was not 

25 made by such date; and 


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1 (2) the estimated date when the certification 

2 will be made. 

Passed the House of Representatives May 18, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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