II 

115TH CONGRESS 

2D SESSION S. 2768 

To amend title 38, United States Code, to establish the Veterans Economic 

Opportunity and Transition Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2018 

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 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Education, 

5 Transition, and Opportunity Prioritization Plan Act of 

6 2018’’ or the ‘‘VET OPP Act of 2018’’. 

7 SEC. 2. ESTABLISHMENT OF VETERANS ECONOMIC OPPOR8 TUNITY AND TRANSITION ADMINISTRATION. 

9 (a) VETERANS ECONOMIC OPPORTUNITY AND TRAN10 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. 

7 ‘‘§ 8001. Organization of Administration 

8 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND

9 TRANSITION ADMINISTRATION.—(1) There is in the De10 partment of Veterans Affairs a Veterans Economic Oppor11 tunity and Transition Administration. 

12 ‘‘(2) The primary function of the Veterans Economic 

13 Opportunity and Transition Administration is the admin14 istration of the programs of the Department that provide 

15 assistance related to economic opportunity to veterans and 

16 their dependents and 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 (2) CLERICAL AMENDMENTS.—The tables of 

20 chapters at the beginning of title 38, United States 

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

22 are each amended by inserting after the item relat23 ing to chapter 79 the following new item: 

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


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

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

3 effect on October 1, 2019. 

4 (c) FULL-TIME EMPLOYEES.—For fiscal years 2019 

5 and 2020, the total number of full-time equivalent employ6 ees authorized for the Veterans Benefits Administration 

7 and the Veterans Economic Opportunity and Transition 

8 Administration, as established under chapter 80 of title 

9 38, United States Code, as added by subsection (a), may 

10 not exceed 21,543. 

11 SEC. 3. UNDER SECRETARY FOR VETERANS ECONOMIC OP12 PORTUNITY AND TRANSITION. 

13 (a) UNDER SECRETARY.— 

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

15 States Code, is amended by inserting after section 

16 306 the following new section: 

17 ‘‘§ 306A. Under Secretary for Veterans Economic Op18 portunity and Transition 

19 ‘‘(a) UNDER SECRETARY.—(1) There is in the De20 partment an Under Secretary for Veterans Economic Op21 portunity and Transition, who is appointed by the Presi22 dent, by and with the advice and consent of the Senate. 

23 ‘‘(2) The Under Secretary for Veterans Economic 

24 Opportunity and Transition shall be appointed without reVerDate Sep 11 2014 00:26 May 04, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2768.IS S2768

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1 gard to political affiliation or activity and solely on the 

2 basis of demonstrated ability in— 

3 ‘‘(A) information technology; and 

4 ‘‘(B) 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) A commission established under this sub20 section shall recommend at least three individuals for ap21 pointment to the position of Under Secretary for Veterans 

22 Economic Opportunity and Transition. 

23 ‘‘(B) The commission shall submit all recommenda24 tions to the Secretary. 


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1 ‘‘(C) The Secretary shall forward the recommenda2 tions to the President and the Committee on Veterans’ 

3 Affairs of the Senate and Committee on Veterans’ Affairs 

4 of the House of Representatives with any comments the 

5 Secretary considers appropriate. 

6 ‘‘(D) After receiving recommendations under sub7 paragraph (C), the President may request the commission 

8 to recommend additional individuals for appointment. 

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

10 Secretary of Veterans Affairs who performs personnel 

11 management and labor relations functions shall serve as 

12 the executive secretary of a commission established under 

13 this subsection.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended 

16 by inserting after the item relating to section 306 

17 the following new item: 

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

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

19 States Code, is further amended— 

20 (1) in section 306(c)(2), by striking subpara21 graphs (A) and (E) and redesignating subpara22 graphs (B), (C), (D), and (F), as subparagraphs (A) 

23 through (D), respectively; 

24 (2) in section 317(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 (3) in section 318(d)(2), by inserting after 

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

5 Under Secretary for Veterans Economic Opportunity 

6 and Transition,’’; 

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

8 and the Under Secretary for Benefits’’ and inserting 

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

10 Under Secretary for Veterans Economic Opportunity 

11 and Transition’’; 

12 (5) in section 541(a)(2)(B), by striking ‘‘Health 

13 and the Under Secretary for Benefits’’ and inserting 

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

15 Under Secretary for Veterans Economic Opportunity 

16 and Transition’’; 

17 (6) in section 542(a)(2)(B)(iii), by striking 

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

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

20 and the Under Secretary for Veterans Economic Op21 portunity and Transition’’; 

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

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

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


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1 and the Under Secretary for Veterans Economic Op2 portunity and Transition’’; 

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

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

5 Under Secretary for Veterans Economic Opportunity 

6 and Transition,’’; 

7 (9) in section 7701(a), by inserting after ‘‘as8 sistance’’ the following: ‘‘, other than assistance re9 lated to Economic Opportunity and Transition,’’; 

10 and 

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

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

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

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

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

16 amendments made by this section, shall take effect on Oc17 tober 1, 2019. 

Æ 


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