IB 

Union Calendar No. 671 

115TH CONGRESS 

2D SESSION H. R. 5693 

[Report No. 115–868] 

To amend title 38, United States Code, to authorize the Secretary of Veterans 

Affairs to enter into contracts and agreements for the placement of 

veterans in non-Department medical foster homes for certain veterans 

who are unable to live independently. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2018 

Mr. HIGGINS of Louisiana introduced the following bill; which was referred 

to the Committee on Veterans’ Affairs 

JULY 24, 2018 

Additional sponsors: Mrs. RADEWAGEN, Miss GONZA ́LEZ-COLO ́N of Puerto 

Rico, Mr. CORREA, and Ms. BROWNLEY of California 

JULY 24, 2018 

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 May 7, 2018] 


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A BILL 

To amend title 38, United States Code, to authorize the 

Secretary of Veterans Affairs to enter into contracts 

and agreements for the placement of veterans in nonDepartment medical foster homes for certain veterans 

who are unable to live independently. 


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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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Long-Term Care Vet5 erans Choice Act’’. 

6 SEC. 2. SECRETARY OF VETERANS AFFAIRS CONTRACT AU7 THORITY FOR PLACEMENT OF VETERANS IN 

8 NON-DEPARTMENT MEDICAL FOSTER HOMES. 

9 (a) AUTHORITY.—Section 1720 of title 38, United 

10 States Code, is amended by adding at the end the following 

11 new subsection: 

12 ‘‘(h)(1) During the three-year period beginning on Oc13 tober 1, 2019, and subject to paragraph (2), at the request 

14 of a veteran for whom the Secretary is required to provide 

15 nursing home care under section 1710A of this title, the Sec16 retary may place the veteran in a medical foster home that 

17 meets Department standards, at the expense of the United 

18 States, pursuant to a contract, agreement, or other arrange19 ment entered into between the Secretary and the medical 

20 foster home for such purpose. A veteran who is placed in 

21 a medical foster home under this subsection shall agree, as 

22 a condition of such placement, to accept home health serv23 ices furnished by the Secretary under section 1717 of this 

24 title. 


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1 ‘‘(2) In any year, not more than a daily average of 

2 900 veterans placed in a medical foster home, whether 

3 placed before or after the date of the enactment of this sub4 section, may have their care covered at the expense of the 

5 United States under subsection (a). 

6 ‘‘(3) In this subsection, the term ‘medical foster home’ 

7 means a home designed to provide non-institutional, long8 term, supportive care for veterans who are unable to live 

9 independently and prefer a family setting.’’. 

10 (b) EFFECTIVE DATE.—Subsection (h) of title 38, 

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

12 effect on October 1, 2019. 

13 SEC. 3. ESTABLISHMENT OF VETERANS ECONOMIC OPPOR14 TUNITY AND TRANSITION ADMINISTRATION. 

15 (a) VETERANS ECONOMIC OPPORTUNITY AND TRANSI16 TION ADMINISTRATION.— 

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

18 States Code, is amended by adding at the end the fol19 lowing new chapter: 

20 ‘‘CHAPTER 80—VETERANS ECONOMIC OP21 PORTUNITY AND TRANSITION ADMIN22 ISTRATION 

‘‘Sec. 

‘‘8001. Organization of Administration. 

‘‘8002. Functions of Administration. 

‘‘8003. Annual report to Congress. 


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1 ‘‘§ 8001. Organization of Administration 

2 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY AND TRAN3 SITION ADMINISTRATION.—There is in the Department of 

4 Veterans Affairs a Veterans Economic Opportunity and 

5 Transition Administration. The primary function of the 

6 Veterans Economic Opportunity and Transition Adminis7 tration is the administration of the programs of the Depart8 ment that provide assistance related to economic oppor9 tunity to veterans and their dependents and survivors. 

10 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR11 TUNITY AND TRANSITION.—The Veterans Economic Oppor12 tunity and Transition Administration is under the Under 

13 Secretary for Veterans Economic Opportunity and Transi14 tion, who is directly responsible to the Secretary for the op15 erations of the Administration. 

16 ‘‘§ 8002. Functions of Administration 

17 ‘‘The Veterans Economic Opportunity and Transition 

18 Administration is responsible for the administration of the 

19 following programs of the Department: 

20 ‘‘(1) Vocational rehabilitation and employment 

21 programs. 

22 ‘‘(2) Educational assistance programs. 

23 ‘‘(3) Veterans’ housing loan and related pro24 grams. 

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

26 and controlled by veterans pursuant to subsection (f) 


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1 of section 8127 of this title, including the administra2 tion of the database of veteran-owned businesses de3 scribed in such subsection. 

4 ‘‘(5) The Transition Assistance Program under 

5 section 1144 of title 10. 

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

7 the Secretary determines appropriate. 

8 ‘‘§ 8003. Annual report to Congress 

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

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

11 on the programs administered by the Under Secretary for 

12 Veterans Economic Opportunity and Transition. Each such 

13 report shall include the following with respect to each such 

14 program during the fiscal year covered by that report: 

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

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

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

18 ‘‘(4) The number of successful outcomes (as deter19 mined by the Secretary). 

20 ‘‘(5) The number of full-time equivalent employ21 ees. 

22 ‘‘(6) The amounts expended for information tech23 nology.’’. 

24 (2) CLERICAL AMENDMENTS.—The tables of 

25 chapters at the beginning of title 38, United States 


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

2 are each amended by inserting after the item relating 

3 to chapter 79 the following new item: 

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

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

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

6 on October 1, 2019. 

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

8 and 2020, the total number of full-time equivalent employ9 ees authorized for the Veterans Benefits Administration and 

10 the Veterans Economic Opportunity and Transition Ad11 ministration, as established under chapter 80 of title 38, 

12 United States Code, as added by subsection (a), may not 

13 exceed 23,692. 

14 SEC. 4. 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 


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1 with the advice and consent of the Senate. The Under Sec2 retary for Veterans Economic Opportunity and Transition 

3 shall be appointed without regard to political affiliation or 

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

5 ‘‘(1) information technology; and 

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

7 Veterans Economic Opportunity and Transition Ad8 ministration or programs of similar content and 

9 scope. 

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

11 Veterans Economic Opportunity and Transition is the head 

12 of, and is directly responsible to the Secretary for the oper13 ations of, the Veterans Economic Opportunity and Transi14 tion Administration. 

15 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the posi16 tion of Under Secretary for Veterans Economic Oppor17 tunity and Transition occurs or is anticipated, the Sec18 retary shall establish a commission to recommend individ19 uals to the President for appointment to the position. 

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

21 shall be composed of the following members appointed by 

22 the Secretary: 

23 ‘‘(A) Three persons representing education and 

24 training, vocational rehabilitation, employment, real 

25 estate, mortgage finance and related industries, and 


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1 survivor benefits activities affected by the Veterans 

2 Economic Opportunity and Transition Administra3 tion. 

4 ‘‘(B) Two persons representing veterans served 

5 by the Veterans Economic Opportunity and Transi6 tion Administration. 

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

8 management of private sector benefits programs of 

9 similar content and scope to the economic oppor10 tunity and transition programs of the Department. 

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

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

13 Committee on Education formed under section 3692 

14 of this title. 

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

16 Under Secretary for Veterans Economic Opportunity 

17 and Transition, if the Secretary determines that it is 

18 desirable for such person to be a member of the com19 mission. 

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

21 shall recommend at least three individuals for appointment 

22 to the position of Under Secretary for Veterans Economic 

23 Opportunity and Transition. The commission shall submit 

24 all recommendations to the Secretary. The Secretary shall 

25 forward the recommendations to the President and the ComVerDate Sep 11 2014 01:10 Jul 25, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H5693.RH H5693

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1 mittees on Veterans’ Affairs of the Senate and House of 

2 Representatives with any comments the Secretary considers 

3 appropriate. Thereafter, the President may request the com4 mission to recommend additional individuals for appoint5 ment. 

6 ‘‘(4) The Assistant Secretary or Deputy Assistant Sec7 retary of Veterans Affairs who performs personnel manage8 ment and labor relations functions shall serve as the execu9 tive secretary of a commission established under this sub10 section.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of such chapter is amended by 

13 inserting after the item relating to section 306 the fol14 lowing new item: 

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

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

16 States Code, is further amended— 

17 (1) in section 306(c)(2), by striking subpara18 graphs (A) and (E) and redesignating subparagraphs 

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

20 (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,’’; 


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

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

3 Under Secretary for Veterans Economic Opportunity 

4 and Transition,’’; 

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

6 and the Under Secretary for Benefits’’ and inserting 

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

8 Under Secretary for Veterans Economic Opportunity 

9 and Transition’’; 

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

11 and the Under Secretary for Benefits’’ and inserting 

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

13 Under Secretary for Veterans Economic Opportunity 

14 and Transition’’; 

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

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

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

18 and the Under Secretary for Veterans Economic Op19 portunity and Transition’’; 

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

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

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

23 and the Under Secretary for Veterans Economic Op24 portunity and Transition’’; 


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

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

3 Under Secretary for Veterans Economic Opportunity 

4 and Transition,’’; 

5 (9) in section 7701(a), by inserting after ‘‘assist6 ance’’ the following: ‘‘, other than assistance related to 

7 Economic Opportunity and Transition,’’; 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 Octo14 ber 1, 2019. 

15 SEC. 5. LOANS GUARANTEED UNDER HOME LOAN PROGRAM 

16 OF DEPARTMENT OF VETERANS AFFAIRS. 

17 The table in section 3729(b)(2) of such title is amended 

18 by striking the item relating to subparagraph (E) and in19 serting the following new item: 

‘‘(E)(i) Interest rate reduction refinancing loan (closed before January 

1, 2019) ............................................... 0.50 0.50 NA

(E)(ii) Interest rate reduction refinancing loan (closed on or after 

January 1, 2019, but before October 

1, 2024) ............................................... 0.75 0.75 NA

(E)(iii) Interest rate reduction refinancing loan (closed on or after October 1, 2024) ..................................... 0.50 0.50 NA’’. 


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

38, United States Code, to authorize the Secretary of 

Veterans Affairs to enter into contracts and agreements 

for the placement of veterans in non-Department medical 

foster homes for certain veterans who are unable to live 

independently, 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, to amend 

the interest rate for certain loans guaranteed under the 

home loan program of the Department of Veterans Affairs, and for other purposes.’’. 


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Union Calendar No. 671 

115TH CONGRESS 

2D SESSION H. R. 5693 

[Report No. 115–868] 

A BILL 

To amend title 38, United States Code, to authorindependently. homes for certain veterans who are unable to live of veterans in non-Department medical foster into contracts and agreements for the placement ize the Secretary of Veterans Affairs to enter 

JULY 24, 2018 

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 01:10 Jul 25, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\H5693.RH H5693

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