IIB 

115TH CONGRESS 

2D SESSION H. R. 5693 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2018 

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

AN ACT 

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, 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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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 fol11 lowing new subsection: 

12 ‘‘(h)(1) During the three-year period beginning on 

13 October 1, 2019, and subject to paragraph (2), at the re14 quest of a veteran for whom the Secretary is required to 

15 provide nursing home care under section 1710A of this 

16 title, the Secretary may place the veteran in a medical fos17 ter home that meets Department standards, at the ex18 pense of the United States, pursuant to a contract, agree19 ment, or other arrangement entered into between the Sec20 retary and the medical foster home for such purpose. A 

21 veteran who is placed in a medical foster home under this 

22 subsection shall agree, as a condition of such placement, 

23 to accept home health services furnished by the Secretary 

24 under section 1717 of this 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 

4 subsection, may have their care covered at the expense of 

5 the United States under subsection (a). 

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

7 home’ means a home designed to provide non-institutional, 

8 long-term, supportive care for veterans who are unable to 

9 live 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 TRAN16 SITION ADMINISTRATION.— 

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

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

19 following new chapter: 

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

‘‘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

3 TRANSITION ADMINISTRATION.—There is in the Depart4 ment of Veterans Affairs a Veterans Economic Oppor5 tunity and Transition Administration. The primary func6 tion of the Veterans Economic Opportunity and Transi7 tion Administration is the administration of the programs 

8 of the Department that provide assistance related to eco9 nomic opportunity to veterans and their dependents and 

10 survivors. 

11 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR12 TUNITY AND TRANSITION.—The Veterans Economic Op13 portunity and Transition Administration is under the 

14 Under Secretary for Veterans Economic Opportunity and 

15 Transition, who is directly responsible to the Secretary for 

16 the operations of the Administration. 

17 ‘‘§ 8002. Functions of Administration 

18 ‘‘The Veterans Economic Opportunity and Transition 

19 Administration is responsible for the administration of the 

20 following programs of the Department: 

21 ‘‘(1) Vocational rehabilitation and employment 

22 programs. 

23 ‘‘(2) Educational assistance programs. 

24 ‘‘(3) Veterans’ housing loan and related pro25 grams. 


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

2 and controlled by veterans pursuant to subsection (f) 

3 of section 8127 of this title, including the adminis4 tration of the database of veteran-owned businesses 

5 described in such subsection. 

6 ‘‘(5) The Transition Assistance Program under 

7 section 1144 of title 10. 

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

9 that the Secretary determines appropriate. 

10 ‘‘§ 8003. Annual report to Congress 

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

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

13 on the programs administered by the Under Secretary for 

14 Veterans Economic Opportunity and Transition. Each 

15 such report shall include the following with respect to each 

16 such program during the fiscal year covered by that re17 port: 

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

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

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

21 ‘‘(4) The number of successful outcomes (as de22 termined by the Secretary). 

23 ‘‘(5) The number of full-time equivalent em24 ployees. 


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1 ‘‘(6) The amounts expended for information 

2 technology.’’. 

3 (2) CLERICAL AMENDMENTS.—The tables of 

4 chapters at the beginning of title 38, United States 

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

6 are each amended by inserting after the item relat7 ing to chapter 79 the following new item: 

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

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

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

10 effect on October 1, 2019. 

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

12 and 2020, the total number of full-time equivalent employ13 ees authorized for the Veterans Benefits Administration 

14 and the Veterans Economic Opportunity and Transition 

15 Administration, as established under chapter 80 of title 

16 38, United States Code, as added by subsection (a), may 

17 not exceed 23,692. 

18 SEC. 4. UNDER SECRETARY FOR VETERANS ECONOMIC OP19 PORTUNITY AND TRANSITION. 

20 (a) UNDER SECRETARY.— 

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

22 States Code, is amended by inserting after section 

23 306 the following new section: 


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1 ‘‘§ 306A. Under Secretary for Veterans Economic Op2 portunity and Transition 

3 ‘‘(a) UNDER SECRETARY.—There is in the Depart4 ment an Under Secretary for Veterans Economic Oppor5 tunity and Transition, who is appointed by the President, 

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

7 Under Secretary for Veterans Economic Opportunity and 

8 Transition shall be appointed without regard to political 

9 affiliation or activity and solely on the basis of dem10 onstrated ability in— 

11 ‘‘(1) information technology; and 

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

13 Veterans Economic Opportunity and Transition Ad14 ministration or programs of similar content and 

15 scope. 

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

17 Veterans Economic Opportunity and Transition is the 

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

19 the operations of, the Veterans Economic Opportunity and 

20 Transition Administration. 

21 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the po22 sition of Under Secretary for Veterans Economic Oppor23 tunity and Transition occurs or is anticipated, the Sec24 retary shall establish a commission to recommend individ25 uals to the President for appointment to the position. 


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

2 shall be composed of the following members appointed by 

3 the Secretary: 

4 ‘‘(A) Three persons representing education and 

5 training, vocational rehabilitation, employment, real 

6 estate, mortgage finance and related industries, and 

7 survivor benefits activities affected by the Veterans 

8 Economic Opportunity and Transition Administra9 tion. 

10 ‘‘(B) Two persons representing veterans served 

11 by the Veterans Economic Opportunity and Transi12 tion Administration. 

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

14 management of private sector benefits programs of 

15 similar content and scope to the economic oppor16 tunity and transition programs of the Department. 

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

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

19 Committee on Education formed under section 3692 

20 of this title. 

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

22 Under Secretary for Veterans Economic Opportunity 

23 and Transition, if the Secretary determines that it 

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

25 commission. 


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

2 shall recommend at least three individuals for appoint3 ment to the position of Under Secretary for Veterans Eco4 nomic Opportunity and Transition. The commission shall 

5 submit all recommendations to the Secretary. The Sec6 retary shall forward the recommendations to the President 

7 and the Committees on Veterans’ Affairs of the Senate 

8 and House of Representatives with any comments the Sec9 retary considers appropriate. Thereafter, the President 

10 may request the commission to recommend additional in11 dividuals for appointment. 

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

13 Secretary of Veterans Affairs who performs personnel 

14 management and labor relations functions shall serve as 

15 the executive secretary of a commission established under 

16 this subsection.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of such chapter is amended 

19 by inserting after the item relating to section 306 

20 the following new item: 

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

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

22 States Code, is further amended— 

23 (1) in section 306(c)(2), by striking subpara24 graphs (A) and (E) and redesignating subparaVerDate Sep 11 2014 01:20 Jul 27, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5693.RFS H5693

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1 graphs (B), (C), (D), and (F), as subparagraphs (A) 

2 through (D), respectively; 

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

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

5 Under Secretary for Veterans Economic Opportunity 

6 and Transition,’’; 

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

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

9 Under Secretary for Veterans Economic Opportunity 

10 and Transition,’’; 

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

12 and the Under Secretary for Benefits’’ and inserting 

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

14 Under Secretary for Veterans Economic Opportunity 

15 and Transition’’; 

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

17 and the Under Secretary for Benefits’’ and inserting 

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

19 Under Secretary for Veterans Economic Opportunity 

20 and Transition’’; 

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

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

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

24 and the Under Secretary for Veterans Economic Op25 portunity and Transition’’; 


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

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

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

4 and the Under Secretary for Veterans Economic Op5 portunity and Transition’’; 

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

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

8 Under Secretary for Veterans Economic Opportunity 

9 and Transition,’’; 

10 (9) in section 7701(a), by inserting after ‘‘as11 sistance’’ the following: ‘‘, other than assistance re12 lated to Economic Opportunity and Transition,’’; 

13 and 

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

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

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

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

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

19 amendments made by this section, shall take effect on Oc20 tober 1, 2019. 

21 SEC. 5. LOANS GUARANTEED UNDER HOME LOAN PRO22 GRAM OF DEPARTMENT OF VETERANS AF23 FAIRS. 

24 Section 3729(b)(2)(E) of such title is amended to 

25 read as follows: 


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‘‘Type of loan Active duty 

veteran Reservist Other obligor 

(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 

March 1, 2025) ........................... 0.75 0.75 NA

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

March 1, 2025) ........................... 0.50 0.50 NA’’. 

Passed the House of Representatives July 25, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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