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Union Calendar No. 45 

116TH CONGRESS 

1ST SESSION H. R. 2045 

[Report No. 116–69] 

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 HOUSE OF REPRESENTATIVES 

APRIL 3, 2019 

Mr. WENSTRUP (for himself, Mr. LEVIN of California, Mr. DAVID P. ROE of 

Tennessee, and Mr. BILIRAKIS) introduced the following bill; which was 

referred to the Committee on Veterans’ Affairs 

MAY 16, 2019 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 3, 2019] 


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A BILL 

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. 


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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 TRANSI7 TION ADMINISTRATION.— 

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

9 States Code, is amended by adding at the end the fol10 lowing new chapter: 

11 ‘‘CHAPTER 80—VETERANS ECONOMIC OP12 PORTUNITY AND TRANSITION ADMIN13 ISTRATION 

‘‘Sec. 

‘‘8001. Organization of Administration. 

‘‘8002. Functions of Administration. 

‘‘8003. Annual report to Congress. 

14 ‘‘§ 8001. Organization of Administration 

15 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND TRAN16 SITION ADMINISTRATION.—There is in the Department of 

17 Veterans Affairs a Veterans Economic Opportunity and 

18 Transition Administration. The primary function of the 

19 Veterans Economic Opportunity and Transition Adminis20 tration is the administration of the programs of the Depart21 ment that provide assistance related to economic oppor22 tunity to veterans and their dependents and survivors. 


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1 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR2 TUNITY AND TRANSITION.—The Veterans Economic Oppor3 tunity and Transition Administration is under the Under 

4 Secretary for Veterans Economic Opportunity and Transi5 tion, who is directly responsible to the Secretary for the op6 erations of the Administration. 

7 ‘‘§ 8002. Functions of Administration 

8 ‘‘The Veterans Economic Opportunity and Transition 

9 Administration is responsible for the administration of the 

10 following programs of the Department: 

11 ‘‘(1) Vocational rehabilitation and employment 

12 programs. 

13 ‘‘(2) Educational assistance programs. 

14 ‘‘(3) Veterans’ housing loan and related pro15 grams. 

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

17 and controlled by veterans pursuant to subsection (f) 

18 of section 8127 of this title, including the administra19 tion of the database of veteran-owned businesses de20 scribed in such subsection. 

21 ‘‘(5) The Transition Assistance Program under 

22 section 1144 of title 10. 

23 ‘‘(6) Any other program of the Department that 

24 the Secretary determines appropriate. 


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1 ‘‘§ 8003. Annual report to Congress 

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

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

4 on the programs administered by the Under Secretary for 

5 Veterans Economic Opportunity and Transition. Each such 

6 report shall include the following with respect to each such 

7 program during the fiscal year covered by that report: 

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

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

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

11 ‘‘(4) The number of successful outcomes (as deter12 mined by the Secretary). 

13 ‘‘(5) The number of full-time equivalent employ14 ees. 

15 ‘‘(6) The amounts expended for information tech16 nology.’’. 

17 (2) CLERICAL AMENDMENTS.—The tables of 

18 chapters at the beginning of title 38, United States 

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

20 are each amended by inserting after the item relating 

21 to chapter 79 the following new item: 

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

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

23 States Code, as added by subsection (a), shall take effect 

24 on October 1, 2020. 


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1 (c) AUTHORIZATION FOR APPROPRIATIONS FOR VET2 ERANS BENEFITS ADMINISTRATIONS.—There is authorized 

3 to be appropriated for fiscal year 2020 for the General Op4 erating Expenses account of the Veterans Benefits Adminis5 tration $3,025,000,000. 

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

7 the bargaining unit, and collective bargaining agreement 

8 that affects an employee of the Department of Veterans Af9 fairs who is transferred to the Veterans Economic Oppor10 tunity and Transition Administration, as established under 

11 chapter 80 of title 38, United States Code, as added by sub12 section (a), shall apply in the same manner to such em13 ployee after such transfer. 

14 SEC. 2. UNDER SECRETARY FOR VETERANS ECONOMIC OP15 PORTUNITY AND TRANSITION. 

16 (a) UNDER SECRETARY.— 

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

18 States Code, is amended by inserting after section 306 

19 the following new section: 

20 ‘‘§ 306A. Under Secretary for Veterans Economic Op21 portunity and Transition 

22 ‘‘(a) UNDER SECRETARY.—There is in the Department 

23 an Under Secretary for Veterans Economic Opportunity 

24 and Transition, who is appointed by the President, by and 

25 with the advice and consent of the Senate. The Under SecVerDate Sep 11 2014 00:04 May 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2045.RH H2045

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1 retary for Veterans Economic Opportunity and Transition 

2 shall be appointed without regard to political affiliation or 

3 activity and solely on the basis of demonstrated ability in— 

4 ‘‘(1) information technology; and 

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

6 Veterans Economic Opportunity and Transition Ad7 ministration or programs of similar content and 

8 scope. 

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

10 Veterans Economic Opportunity and Transition is the head 

11 of, and is directly responsible to the Secretary for the oper12 ations of, the Veterans Economic Opportunity and Transi13 tion Administration. 

14 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the posi15 tion of Under Secretary for Veterans Economic Oppor16 tunity and Transition occurs or is anticipated, the Sec17 retary shall establish a commission to recommend individ18 uals to the President for appointment to the position. 

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

20 shall be composed of the following members appointed by 

21 the Secretary: 

22 ‘‘(A) Three persons representing education and 

23 training, vocational rehabilitation, employment, real 

24 estate, mortgage finance and related industries, and 

25 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 is 

17 desirable for such person to be a member of the com18 mission. 

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

20 shall recommend at least three individuals for appointment 

21 to the position of Under Secretary for Veterans Economic 

22 Opportunity and Transition. The commission shall submit 

23 all recommendations to the Secretary. The Secretary shall 

24 forward the recommendations to the President and the Com25 mittees on Veterans’ Affairs of the Senate and House of 


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1 Representatives with any comments the Secretary considers 

2 appropriate. Thereafter, the President may request the com3 mission to recommend additional individuals for appoint4 ment. 

5 ‘‘(4) The Assistant Secretary or Deputy Assistant Sec6 retary of Veterans Affairs who performs personnel manage7 ment and labor relations functions shall serve as the execu8 tive secretary of a commission established under this sub9 section.’’. 

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

12 inserting after the item relating to section 306 the fol13 lowing 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 subparagraphs 

18 (B), (C), (D), and (F), as subparagraphs (A) through 

19 (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 ‘‘assist4 ance’’ the following: ‘‘, other than assistance related to 

5 Economic Opportunity and Transition,’’; and 

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

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

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

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

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

11 amendments made by this section, shall take effect on Octo12 ber 1, 2020. 

13 SEC. 3. TRANSFER OF SERVICES. 

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

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

16 of Veterans Affairs shall submit to the Committees’ on Vet17 erans Affairs of the Senate and House of Representatives 

18 a report on the progress toward establishing the Veterans 

19 Economic Opportunity and Transition Administration, as 

20 established under section 8001 of title 38, United States 

21 Code, as added by section 4, and the transition of the provi22 sion of services to veterans by such Administration. 

23 (b) CERTIFICATION.—The Secretary of Veterans Af24 fairs may not transfer the function of providing any serv25 ices to veterans to the Veterans Economic Opportunity and 


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1 Transition Administration, as established under section 

2 8001 of title 38, United States Code, as added by section 

3 4 until the Secretary submits to the Committees’ Veterans 

4 Affairs of the Senate and House of Representatives certifi5 cation that— 

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

7 such Administration will not negatively affect the 

8 provision of such services to veterans; 

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

10 (c) DEADLINE FOR CERTIFICATION.—The Secretary 

11 shall submit to the Committees’ on Veterans Affairs of the 

12 Senate and House of Representatives the certification re13 quired by subsection (b)— 

14 (1) no earlier than April 1, 2020; and 

15 (2) no later than September 1, 2020. 

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 Committees on Veterans’ Affairs of the Senate 

20 and House of Representatives a report that includes— 

21 (1) the reason why the certification was not 

22 made by such date; and 

23 (2) the estimated date when the certification will 

24 be made. 

Amend the title so as to read: ‘‘A bill to amend title 

38, United States Code, to establish in the Department 


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the Veterans Economic Opportunity and Transition Administration, and for other purposes.’’. 


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Union Calendar No. 45 

116TH CONGRESS 

1ST SESSION H. R. 2045 

[Report No. 116–69] 

A BILL 

To amend title 38, United States Code, to establish 

other purposes. of the Department of Veterans Affairs, and for Veterans Economic Opportunity and Transition tion Administration and the Under Secretary for the Veterans Economic Opportunity and TransiMAY 16, 2019 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 00:04 May 17, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\H2045.RH H2045

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