I 

118TH CONGRESS 

1ST SESSION H. R. 5913 

To amend title 38, United States Code, to improve employment services 

for veterans by consolidating various programs in the Department of 

Veterans Affairs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 10, 2023 

Mr. VAN ORDEN introduced the following bill 

OCTOBER 25, 2023 

Referred to the Committee on Veterans’ Affairs, and in addition to the Committees on the Budget, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 38, United States Code, to improve employment services for veterans by consolidating various programs in the Department of Veterans Affairs, 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 ‘‘Consolidating Veteran 

5 Employment Services for Improved Performance Act of 

6 2023’’. 


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1 SEC. 2. TRANSFER OF DEPARTMENT OF LABOR VETERANS 

2 PROGRAMS TO DEPARTMENT OF VETERANS 

3 AFFAIRS. 

4 (a) TRANSFER OF FUNCTIONS.— 

5 (1) IN GENERAL.—Effective October 1, 2025, 

6 there shall be transferred to the Secretary of Vet7 erans Affairs all functions performed under the fol8 lowing programs of the Department of Labor, and 

9 all personnel, assets, and liabilities pertaining to 

10 such programs, immediately before such transfer oc11 curs: 

12 (A) Job counseling, training, and place13 ment services for veterans under chapter 41 of 

14 title 38, United States Code. 

15 (B) Federal Government employment serv16 ices by the Secretary of Labor under section 

17 4214 of such title. 

18 (C) Administration of employment and re19 employment rights of members of the uniformed 

20 services under chapter 43 of such title. 

21 (D) Homeless veterans reintegration pro22 grams under chapter 20 of such title. 

23 (E) Employment and veterans benefits 

24 training under the Transition Assistance Pro25 gram under section 1144 of title 10, United 

26 States Code. 


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1 (2) MEMORANDUMS OF AGREEMENT.—The Sec2 retary of Veterans Affairs shall enter into memoran3 dums of agreement with the Secretary of Labor and 

4 with States (as defined in section 4101(6) of title 

5 38, United States Code), as the Secretary of Vet6 erans Affairs determines necessary, to implement 

7 the transition of the programs specified under para8 graph (1). 

9 (3) RULE OF CONSTRUCTION.—Nothing in this 

10 Act may be construed to affect the role and respon11 sibility of the Secretary of Labor with respect to 

12 programs not administered by the Assistant Sec13 retary of Labor for Veterans’ Employment and 

14 Training Service as of the day before the date of the 

15 enactment of this Act that are specified under para16 graph (1). 

17 (b) BUDGET REQUEST.—Under section 1105 of title 

18 31, United States Code, the President shall include in the 

19 President’s budget request for the Department of Vet20 erans Affairs for fiscal year 2027, and for each subsequent 

21 fiscal year, funding requested for the functions referred 

22 to in subsection (a)(1). 

23 (c) REFERENCES.—Any reference in any other Fed24 eral law, Executive order, rule, regulation, or delegation 

25 of authority, or any document of or pertaining to a departVerDate Sep 11 2014 20:26 Nov 05, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5913.IH H5913

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1 ment or office from which a function is transferred by this 

2 Act— 

3 (1) to the head of such department or office is 

4 deemed to refer to the head of the department or of5 fice to which such function is transferred; or 

6 (2) to such department or office is deemed to 

7 refer to the department or office to which such func8 tion is transferred. 

9 (d) EXERCISE OF AUTHORITIES.—Except as other10 wise provided by law, a Federal official to whom a function 

11 is transferred by this Act may, for purposes of performing 

12 the function, exercise all authorities under any other provi13 sion of law that were available with respect to the perform14 ance of that function to the official responsible for the per15 formance of the function immediately before the effective 

16 date of the transfer of the function under this Act. 

17 (e) SAVINGS PROVISIONS.— 

18 (1) LEGAL DOCUMENTS.—All orders, deter19 minations, rules, regulations, permits, grants, loans, 

20 contracts, agreements, certificates, licenses, and 

21 privileges— 

22 (A) that have been issued, made, granted, 

23 or allowed to become effective by the President, 

24 the Secretary of Labor, the Secretary of Vet25 erans Affairs, any officer or employee of any ofVerDate Sep 11 2014 20:26 Nov 05, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5913.IH H5913

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1 fice transferred by this Act, or any other Gov2 ernment official, or by a court of competent ju3 risdiction, in the performance of any function 

4 that is transferred by this Act, and 

5 (B) that are in effect on the effective date 

6 of such transfer (or become effective after such 

7 date pursuant to their terms as in effect on 

8 such effective date), 

9 shall continue in effect according to their terms until 

10 modified, terminated, superseded, set aside, or re11 voked in accordance with law by the President, any 

12 other authorized official, a court of competent juris13 diction, or operation of law. 

14 (2) PROCEEDINGS.—This Act shall not affect 

15 any proceedings or any application for any benefits, 

16 service, license, permit, certificate, or financial as17 sistance pending on the date of the enactment of 

18 this Act before an office transferred by this Act, but 

19 such proceedings and applications shall be contin20 ued. Orders shall be issued in such proceedings, ap21 peals shall be taken therefrom, and payments shall 

22 be made pursuant to such orders, as if this Act had 

23 not been enacted, and orders issued in any such pro24 ceeding shall continue in effect until modified, termi25 nated, superseded, or revoked by a duly authorized 


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1 official, by a court of competent jurisdiction, or by 

2 operation of law. Nothing in this subsection shall be 

3 considered to prohibit the discontinuance or modi4 fication of any such proceeding under the same 

5 terms and conditions and to the same extent that 

6 such proceeding could have been discontinued or 

7 modified if this Act had not been enacted. 

8 (3) SUITS.—This Act shall not affect suits com9 menced before the date of the enactment of this Act, 

10 and in all such suits, proceeding shall be had, ap11 peals taken, and judgments rendered in the same 

12 manner and with the same effect as if this Act had 

13 not been enacted. 

14 (4) NONABATEMENT OF ACTIONS.—No suit, ac15 tion, or other proceeding commenced by or against 

16 the Department of Labor or the Secretary of Labor, 

17 or by or against any individual in the official capac18 ity of such individual as an officer or employee of an 

19 office transferred by this Act, shall abate by reason 

20 of the enactment of this Act. 

21 (5) CONTINUANCE OF SUITS.—If any Govern22 ment officer in the official capacity of such officer 

23 is party to a suit with respect to a function of the 

24 officer, and under this Act such function is trans25 ferred to any other officer or office, then such suit 


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1 shall be continued with the other officer or the head 

2 of such other office, as applicable, substituted or 

3 added as a party. 

4 (6) ADMINISTRATIVE PROCEDURE AND JUDI5 CIAL REVIEW.—Except as otherwise provided by this 

6 Act, any statutory requirements relating to notice, 

7 hearings, action upon the record, or administrative 

8 or judicial review that apply to any function trans9 ferred by this Act shall apply to the exercise of such 

10 function by the head of the Federal agency, and 

11 other officers of the agency, to which such function 

12 is transferred by this Act. 

13 (f) TRANSFER OF ASSETS.—Except as otherwise pro14 vided in this Act, so much of the personnel, property, 

15 records, and unexpended balances of appropriations, allo16 cations, and other funds employed, used, held, available, 

17 or to be made available in connection with a function 

18 transferred to an official or agency by this Act shall be 

19 available to the official or the head of that agency, respec20 tively, at such time or times as the Director of the Office 

21 of Management and Budget directs for use in connection 

22 with the functions transferred. 

23 (g) DELEGATION AND ASSIGNMENT.—Except as oth24 erwise expressly prohibited by law or otherwise provided 

25 in this Act, an official to whom functions are transferred 


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1 under this Act (including the head of any office to which 

2 functions are transferred under this Act) may delegate 

3 any of the functions so transferred to such officers and 

4 employees of the office of the official as the official may 

5 designate, and may authorize successive redelegations of 

6 such functions as may be necessary or appropriate. No 

7 delegation of functions under this section or under any 

8 other provision of this Act shall relieve the official to whom 

9 a function is transferred under this Act of responsibility 

10 for the administration of the function. 

11 (h) AUTHORITY OF DIRECTOR OF THE OFFICE OF

12 MANAGEMENT AND BUDGET WITH RESPECT TO FUNC13 TIONS TRANSFERRED.— 

14 (1) DETERMINATIONS.—If necessary, the Di15 rector of Management and Budget shall make any 

16 determination of the functions that are transferred 

17 under this Act. 

18 (2) INCIDENTAL TRANSFERS.—The Director, at 

19 such time or times as the Director shall provide, 

20 may make such determinations as may be necessary 

21 with regard to the functions transferred by this Act, 

22 and to make such additional incidental dispositions 

23 of personnel, assets, liabilities, grants, contracts, 

24 property, records, and unexpended balances of ap25 propriations, authorizations, allocations, and other 


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1 funds held, used, arising from, available to, or to be 

2 made available in connection with such functions, as 

3 may be necessary to carry out the provisions of this 

4 Act. The Director shall provide for the termination 

5 of the affairs of all entities terminated by this Act 

6 and for such further measures and dispositions as 

7 may be necessary to effectuate the purposes of this 

8 Act. 

9 (i) CERTAIN VESTING OF FUNCTIONS CONSIDERED

10 TRANSFERS.—For purposes of this Act, the vesting of a 

11 function in a department or office pursuant to reestablish12 ment of an office shall be considered to be the transfer 

13 of the function. 

14 (j) AVAILABILITY OF EXISTING FUNDS.—Existing 

15 appropriations and funds available for the performance of 

16 functions, programs, and activities terminated pursuant to 

17 this Act shall remain available, for the duration of their 

18 period of availability, for necessary expenses in connection 

19 with the termination and resolution of such functions, pro20 grams, and activities. 

21 (k) DEFINITIONS.—For purposes of this Act— 

22 (1) the term ‘‘function’’ includes any duty, obli23 gation, power, authority, responsibility, right, privi24 lege, activity, or program; and 


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1 (2) the term ‘‘office’’ includes any office, ad2 ministration, agency, bureau, institute, council, unit, 

3 organizational entity, or component thereof. 

4 SEC. 3. DEPUTY UNDER SECRETARY OF VETERANS AF5 FAIRS FOR VETERANS’ EMPLOYMENT AND 

6 TRAINING. 

7 (a) IN GENERAL.—Subsection (a) of section 4102A 

8 of title 38, United States Code, is amended to read as 

9 follows: 

10 ‘‘(a) DEPUTY UNDER SECRETARY FOR VETERANS’ 

11 EMPLOYMENT AND TRAINING.—There is established with12 in the Department a Deputy Under Secretary for Vet13 erans’ Employment and Training, who shall formulate and 

14 implement all departmental policies and procedures to 

15 carry out the purposes of this chapter, chapter 20, and 

16 chapter 43 of this title and the Transition Assistance Pro17 gram under section 1144 of title 10, United States Code.’’. 

18 (b) CLERICAL AMENDMENTS.—Chapter 41 of title 

19 38, United States Code, is amended as follows: 

20 (1) The section heading of section 4102A of 

21 such title is amended to read as follows: 


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1 ‘‘§ 4102A. Deputy Under Secretary for Veterans’ Em2 ployment and Training; program func3 tions; Regional Administrators’’. 

4 (2) The item relating to such section in the 

5 table of sections at the beginning of such chapter is 

6 amended to read as follows: 

‘‘4102A. Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators.’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on October 1, 2025. 

9 SEC. 4. CONSOLIDATION OF DISABLED VETERANS OUT10 REACH PROGRAM AND LOCAL VETERANS’ 

11 EMPLOYMENT REPRESENTATIVES. 

12 (a) CONSOLIDATION.— 

13 (1) IN GENERAL.—Section 4104 of title 38, 

14 United States Code, is amended to read as follows: 

15 ‘‘§ 4104. Veteran employment specialists 

16 ‘‘(a) REQUIREMENT FOR EMPLOYMENT BY

17 STATES.—(1) Subject to approval by the Secretary, a 

18 State shall employ and assign such full- or part-time vet19 eran employment specialists in an agency of the State as 

20 the State determines appropriate and efficient to carry out 

21 the following: 

22 ‘‘(A) Employment, training, and placement 

23 services under this chapter. 


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1 ‘‘(B) Intensive services under this chapter to 

2 meet the employment needs of eligible veterans with 

3 the following priority in the provision of services: 

4 ‘‘(i) Special disabled veterans. 

5 ‘‘(ii) Other disabled veterans. 

6 ‘‘(iii) Other eligible veterans in accordance 

7 with priorities determined by the Secretary tak8 ing into account applicable rates of unemploy9 ment and the employment emphases set forth in 

10 chapter 42 of this title. 

11 ‘‘(2) In the provision of services in accordance with 

12 this subsection, maximum emphasis in meeting the em13 ployment and training needs of veterans shall be placed 

14 on assisting economically or educationally disadvantaged 

15 veterans. 

16 ‘‘(b) PRINCIPAL DUTIES.—As principal duties, vet17 eran employment specialists shall— 

18 ‘‘(1) conduct outreach to employers in the area 

19 to assist veterans and disabled veterans in gaining 

20 employment, including conducting seminars for em21 ployers and, in conjunction with employers, con22 ducting job search workshops and establishing job 

23 search groups; and 

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1 erans in a State under the applicable State employ2 ment service delivery systems. 

3 ‘‘(c) REQUIREMENT FOR QUALIFIED VETERANS.— 

4 (1) Except as provided by paragraph (2), a State shall, 

5 to the maximum extent practicable, employ qualified vet6 erans to carry out the services referred to in subsection 

7 (a). Preference shall be given in the appointment of such 

8 specialists to qualified disabled veterans. Preference shall 

9 be accorded in the following order: 

10 ‘‘(A) To qualified service-connected disabled 

11 veterans. 

12 ‘‘(B) If no veteran described in subparagraph 

13 (A) is available, to qualified eligible veterans. 

14 ‘‘(C) If no veteran described in subparagraph 

15 (A) or (B) is available, then to qualified eligible per16 sons. 

17 ‘‘(2) During any period in which more than 10 per18 cent of the individuals employed to carry out the services 

19 referred to in subsection (a) are non-veterans, the pref20 erence accorded under paragraph (1) shall be as follows: 

21 ‘‘(A) To qualified service-connected disabled 

22 veterans. 

23 ‘‘(B) If no veteran described in subparagraph 

24 (A) is available, to qualified eligible veterans. 


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1 ‘‘(3)(A) Each State that employs a veteran employ2 ment specialist under this section shall submit to the Sec3 retary an annual report on the qualifications used by the 

4 State in making hiring determinations for such specialists 

5 and the salary structure under which such specialists are 

6 compensated. 

7 ‘‘(B) The Secretary shall submit to the Committees 

8 on Veterans’ Affairs of the Senate and House of Rep9 resentatives an annual report summarizing the reports 

10 submitted under subparagraph (A). 

11 ‘‘(C) The first report submitted by the Secretary 

12 under subparagraph (B) shall include an evaluation of 

13 whether the pay for veteran employment specialists should 

14 be scheduled on a standard basis for each State and in15 clude locality pay. 

16 ‘‘(d) PART-TIME EMPLOYEES.—A part-time veteran 

17 employment specialist shall perform the functions of a vet18 eran employment specialist under this section on a half19 time basis. 

20 ‘‘(e) REPORTING.—Each veteran employment spe21 cialist shall be administratively responsible to the manager 

22 of the employment service delivery system and shall pro23 vide reports, not less frequently than quarterly, to the 

24 manager of such office and to the Director for Veterans’ 

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1 ance with Federal law and regulations with respect to spe2 cial services and priorities for eligible veterans and eligible 

3 persons.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by striking the item relating to section 4104 and in7 serting the following new item: 

‘‘4104. Veteran employment specialists.’’. 

8 (3) TRAINING.—The Secretary of Veterans Af9 fairs shall ensure that an individual who is a veteran 

10 employment specialist under section 4104 of title 38, 

11 United States Code, as amended by paragraph (1), 

12 is properly trained to carry out the duties of such 

13 position. 

14 (b) CONFORMING AMENDMENTS.—Such title is fur15 ther amended— 

16 (1) by striking section 4103A and by striking 

17 the item relating to such section in the table of sec18 tions at the beginning of chapter 41 of such title; 

19 (2) in section 4102A— 

20 (A) in subsection (b)— 

21 (i) in paragraph (5)— 

22 (I) by striking subparagraph (B) 

23 and redesignating subparagraph (C) 

24 as subparagraph (B); 


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1 (II) by amending subparagraph 

2 (A) to read as follows: 

3 ‘‘(A) veteran employment specialists ap4 pointed under section 4104(a) of this title; 

5 and’’; and 

6 (III) in subparagraph (B), as so 

7 redesignated, by striking ‘‘such spe8 cialists and representatives described 

9 in subparagraphs (A) and (B)’’ and 

10 inserting ‘‘such representatives de11 scribed in subparagraph (A)’’; 

12 (ii) in paragraph (7), by striking ‘‘dis13 abled veterans’ outreach program special14 ists and through local veterans’ employ15 ment representatives’’ and inserting ‘‘vet16 eran employment specialists’’; 

17 (B) in subsection (c)— 

18 (i) in paragraph (1)— 

19 (I) by striking ‘‘sections 

20 4103A(a) and’’ and inserting ‘‘sec21 tion’’; and 

22 (II) by striking ‘‘section 4103A 

23 or’’; 

24 (ii) in paragraph (2)(A)— 

25 (I) in clause (i)(I)— 


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1 (aa) by striking ‘‘disabled 

2 veterans’ outreach program spe3 cialists and local veterans’ em4 ployment representatives’’ and 

5 inserting ‘‘veteran employment 

6 specialists’’; and 

7 (bb) by striking ‘‘sections 

8 4103A and 4104’’ and inserting 

9 ‘‘section 4104’’; 

10 (II) in clause (iii), by striking 

11 ‘‘disabled veterans’ outreach program 

12 specialist or a local veterans’ employ13 ment representative’’ and inserting 

14 ‘‘veteran employment specialist’’; 

15 (iii) in paragraph (4), by striking 

16 ‘‘4103A or’’; 

17 (iv) in paragraph (5), by striking 

18 ‘‘disabled veterans’ outreach program spe19 cialist and local veterans’ employment rep20 resentative’’ and inserting ‘‘veteran em21 ployment specialist’’; 

22 (v) in paragraph (7), by striking 

23 ‘‘4103A or’’; and 

24 (vi) in paragraph (8)(A)— 

25 (I) by striking ‘‘4103A or’’; and 


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1 (II) by striking ‘‘disabled vet2 erans’ outreach program specialist or 

3 a local veterans’ employment rep4 resentative’’ and inserting ‘‘veteran 

5 employment specialist’’; and 

6 (C) in subsection (f)(1), by striking ‘‘dis7 abled veterans’ outreach program specialists 

8 and local veterans’ employment representatives’’ 

9 and inserting ‘‘veteran employment specialists’’; 

10 (3) in section 4109(a), by striking ‘‘disabled 

11 veterans’ outreach program specialists, local vet12 erans’ employment representatives’’ and inserting 

13 ‘‘veteran employment specialists’’; 

14 (4) in section 4112(d)— 

15 (A) in paragraph (1), by striking ‘‘disabled 

16 veterans’ outreach program specialist’’ and in17 serting ‘‘veteran employment specialist’’; and 

18 (B) by striking paragraph (2) and redesig19 nating paragraph (3) as paragraph (2); and 

20 (5) in section 3672(d)(1), by striking ‘‘disabled 

21 veterans’ outreach program specialists under section 

22 4103A’’ and inserting ‘‘veteran employment special23 ists appointed under section 4104(a)’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall take effect on October 1, 2025. 


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1 SEC. 5. ADDITIONAL TECHNICAL AND CONFORMING 

2 AMENDMENTS. 

3 (a) CHAPTER 41.—Chapter 41 of title 38, United 

4 States Code, as amended by this Act, is further amended 

5 as follows: 

6 (1) By striking ‘‘Assistant Secretary of Labor 

7 for Veterans’ Employment and Training’’ each place 

8 it appears and inserting ‘‘Deputy Under Secretary 

9 for Veterans’ Employment and Training’’. 

10 (2) By striking ‘‘Department of Labor’’ each 

11 place it appears and inserting ‘‘Department’’. 

12 (3) By striking ‘‘Secretary of Labor’’ each place 

13 it appears and inserting ‘‘Secretary’’. 

14 (4) In section 4101, by striking paragraph (8). 

15 (5) In section 4102A(b)— 

16 (A) in paragraph (1), by striking ‘‘such 

17 Assistant Secretary’’ and inserting ‘‘such Dep18 uty Under Secretary’’; and 

19 (B) in paragraph (3), by striking ‘‘and 

20 consulting with the Secretary of Veterans Af21 fairs’’. 

22 (6) In section 4105(b), by striking ‘‘and the 

23 Secretary of Veterans Affairs’’ both places it ap24 pears. 

25 (7) In section 4106(a), by striking ‘‘chapters 42 

26 and’’ and inserting ‘‘chapter’’. 


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1 (8) By striking section 4108. 

2 (9) In the table of sections at the beginning of 

3 such chapter, by striking the item relating to section 

4 4108. 

5 (10) In section 4110(d), by striking paragraph 

6 (1) and redesignating paragraphs (2) through (6) as 

7 paragraphs (1) through (5), respectively. 

8 (11) In section 4110A(b), by striking ‘‘Con9 gress’’ and inserting ‘‘the Committees on Veterans’ 

10 Affairs of the Senate and House of Representa11 tives’’. 

12 (12) In subsections (b) through (h) of section 

13 4114, by striking ‘‘Assistant Secretary’’ each place 

14 it appears and inserting ‘‘Deputy Under Secretary’’. 

15 (b) CHAPTER 42.—Chapter 42 of title 38, United 

16 States Code, is amended as follows: 

17 (1) In section 4212(c), by striking ‘‘include as 

18 part’’ and inserting ‘‘shall transmit to the Secretary 

19 of Veterans Affairs for inclusion as part’’. 

20 (2) In section 4215(d)(1)— 

21 (A) by striking ‘‘In the’’ and inserting 

22 ‘‘For inclusion as part of the’’; and 

23 (B) by striking ‘‘shall evaluate’’ and insert24 ing ‘‘shall transmit to the Secretary of Veterans 

25 Affairs an evaluation of’’. 


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1 (c) CHAPTER 43.—Chapter 43 of title 38, United 

2 States Code, is amended as follows: 

3 (1) In section 4303, by striking paragraph (11). 

4 (2) By striking ‘‘Secretary of Veterans Affairs’’ 

5 each place it appears and inserting ‘‘Secretary’’. 

6 (3) In section 4321, by striking ‘‘(through the 

7 Veterans’ Employment and Training Service)’’. 

8 (4) In section 4332(a)(1), by striking ‘‘of 

9 Labor’’. 

10 (5) In section 4333, by striking ‘‘, the Sec11 retary of Defense, and the Secretary of Veterans Af12 fairs’’ and inserting ‘‘and the Secretary of Defense’’. 

13 (d) CHAPTER 20.—Chapter 20 of title 38, United 

14 States Code, is amended as follows: 

15 (1) In section 2003(a)(4), by striking ‘‘of the 

16 Department of Labor’’. 

17 (2) In section 2011(g)(2), by striking ‘‘the De18 partment of Labor,’’. 

19 (3) In section 2021— 

20 (A) by striking ‘‘Secretary of Labor’’ each 

21 place it appears and inserting ‘‘Secretary’’; and 

22 (B) in subsection (e)— 

23 (i) by striking the subsection heading 

24 and inserting the following: 


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1 ‘‘(c) ADMINISTRATION THROUGH DEPUTY UNDER

2 SECRETARY FOR VETERANS’ EMPLOYMENT AND TRAIN3 ING.—’’; and 

4 (ii) by striking ‘‘Assistant Secretary 

5 of Labor for Veterans’ Employment and 

6 Training’’ and inserting ‘‘Deputy Under 

7 Secretary for Veterans’ Employment and 

8 Training’’. 

9 (4) In section 2021A— 

10 (A) by striking ‘‘Secretary of Labor’’ each 

11 place it appears and inserting ‘‘Secretary’’; and 

12 (B) in subsection (d)— 

13 (i) by striking the subsection heading 

14 and inserting the following: 

15 ‘‘(d) ADMINISTRATION THROUGH DEPUTY UNDER

16 SECRETARY FOR VETERANS’ EMPLOYMENT AND TRAIN17 ING.—’’; and 

18 (ii) by striking ‘‘Assistant Secretary 

19 of Labor for Veterans’ Employment and 

20 Training’’ and inserting ‘‘Deputy Under 

21 Secretary for Veterans’ Employment and 

22 Training’’. 

23 (5) In section 2023— 


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1 (A) in subsection (a), by striking ‘‘and the 

2 Secretary of Labor (hereinafter in this section 

3 referred to as the ‘Secretaries’)’’; and 

4 (B) by striking ‘‘Secretaries’’ each place it 

5 appears and inserting ‘‘Secretary’’. 

6 (6) In section 2065(b)(5), by striking subpara7 graph (E) and redesignating subparagraphs (F) 

8 through (H) as subparagraphs (E) through (G), re9 spectively. 

10 (7) In section 2066(a)(3), by striking subpara11 graph (A) and redesignating subparagraphs (B) 

12 through (G) as subparagraphs (A) through (F), re13 spectively. 

14 (e) OTHER PROVISIONS OF TITLE 38.—Title 38, 

15 United States Code, is further amended as follows: 

16 (1) In section 542(a)(2)(B), by striking clause 

17 (i) and redesignating clauses (ii) and (iii) as clauses 

18 (i) and (ii), respectively. 

19 (2) In section 544(a)(2)(B), by striking clause 

20 (i) and redesignating clauses (ii) through (vi) as 

21 clauses (i) through (v), respectively. 

22 (3) In section 3118(b), by striking ‘‘and the As23 sistant Secretary for Veterans’ Employment in the 

24 Department of Labor’’. 


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1 (4) In section 3119(c), by striking ‘‘Education, 

2 the Assistant Secretary for Veterans’ Employment 

3 in the Department of Labor,’’. 

4 (5) In section 3121(a)(3)— 

5 (A) by striking ‘‘, (B)’’ and inserting ‘‘and 

6 (B)’’; and 

7 (B) by striking ‘‘, and (C) one representa8 tive of the Assistant Secretary of Labor for 

9 Veterans’ Employment and Training of the De10 partment of Labor. (b) The Secretary shall, on 

11 a regular basis, consult with and seek the ad12 vice of the Committee with respect to the ad13 ministration of veterans’ rehabilitation pro14 grams under this title’’. 

15 (6) In section 3692(a), by striking ‘‘and the As16 sistant Secretary of Labor for Veterans’ Employ17 ment and Training shall be ex officio members’’ and 

18 inserting ‘‘an ex officio member’’. 

19 (7) In section 6306— 

20 (A) in subsection (a), by striking ‘‘shall ar21 range with the Secretary of Labor for the State 

22 employment service to match’’ and inserting 

23 ‘‘shall ensure that the State employment service 

24 matches’’; and 


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1 (B) in subsection (b), by striking ‘‘, in con2 sultation with the Secretary of Labor,’’. 

3 (f) TITLE 10.— 

4 (1) TAP PROGRAM.—Section 1144 of title 10, 

5 United States Code, is amended— 

6 (A) by striking ‘‘Secretary of Labor’’ each 

7 place it appears and inserting ‘‘Secretary of 

8 Veterans Affairs’’; 

9 (B) in subsection (a)— 

10 (i) in paragraph (1), by striking ‘‘, the 

11 Secretary of Homeland Security, and the 

12 Secretary of Veterans Affairs’’ and insert13 ing ‘‘and the Secretary of Homeland Secu14 rity’’; and 

15 (ii) in paragraph (2), by striking ‘‘, 

16 the Secretary of Homeland Security, and 

17 the Secretary of Veterans Affairs shall co18 operate with the Secretary of Labor’’ and 

19 inserting ‘‘and the Secretary of Homeland 

20 Security shall cooperate with the Secretary 

21 of Veterans Affairs’’; 

22 (C) in subsection (d)(1), by striking ‘‘De23 partment of Labor to’’ and inserting ‘‘Depart24 ment of Veterans Affairs to’’; and 


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1 (D) in the heading, by striking ‘‘: De2 partment of Labor’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 58 of title 10, 

5 United States Code, is amended by striking the item 

6 relating to section 1144 and inserting the following 

7 new item: 

‘‘1144. Employment assistance, job training assistance, and other transitional 

services.’’. 

8 (g) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on October 1, 2025. 

10 SEC. 6. STUDY AND REPORT ON TRANSFER OF PROGRAMS. 

11 (a) STUDY.—The Secretary of Veterans Affairs and 

12 the Secretary of Labor shall jointly conduct a study on 

13 implementing— 

14 (1) the transfer of functions under section 2; 

15 and 

16 (2) the amendments made by this Act. 

17 (b) MATTERS INCLUDED.—Such study shall include 

18 the following: 

19 (1) A comprehensive discussion of the improve20 ments to services for veterans made by the transfer 

21 of functions under section 2. 

22 (2) An analysis of the personnel, assets, and li23 abilities of the Department of Labor and the DeVerDate Sep 11 2014 20:26 Nov 05, 2023 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5913.IH H5913

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1 partment of Veterans Affairs that would be involved 

2 in such transfer. 

3 (3) An analysis of the Deputy Under Secretary 

4 for Veterans’ Employment and Training established 

5 under section 4102A(a) of title 38, United States 

6 Code, as amended by this Act, including— 

7 (A) an explanation of where such position 

8 would exist within the organization chart of the 

9 Department; 

10 (B) an identification of to whom such posi11 tion would report; and 

12 (C) the functions that would be carried out 

13 by such a position. 

14 (4) A detailed estimate of the cost to the Fed15 eral Government to implement such transfer, includ16 ing any costs or savings resulting from— 

17 (A) carrying out such implementation; and 

18 (B) the Secretary of Veterans Affairs car19 rying out the functions so transferred. 

20 (5) A plan to implement such transfer, includ21 ing— 

22 (A) a detailed time line of such implemen23 tation; 

24 (B) a list of the rules, regulations, and 

25 laws in effect on the date of the commencement 


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1 of such study that would need to be revised for 

2 such implementation; 

3 (C) a list of the memorandums of agree4 ment entered into with Federal or State depart5 ments or agencies that would need to be revised 

6 for such implementation; 

7 (D) a detailed description of how to effec8 tively enforce the administration of employment 

9 and reemployment rights of members of the 

10 uniformed services under chapter 43 of title 38, 

11 United States Code, during such implementa12 tion; and 

13 (E) how the transfer of employees will be 

14 implemented, including— 

15 (i) options available to employees who 

16 do not want to be transferred; 

17 (ii) the locations of where former De18 partment of Labor employees will be as19 signed in the Department of Veterans Af20 fairs; and 

21 (iii) any organizational changes re22 quired in the Department of Veterans Af23 fairs to accommodate such former Depart24 ment of Labor employees. 


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1 (6) A detailed plan to train employees who 

2 carry out activities under section 4104 of title 38, 

3 United States Code, to carry out the functions so 

4 transferred, including— 

5 (A) how training manuals in effect as of 

6 the date of the commencement of such study 

7 would need to be revised; 

8 (B) whether the Secretary of Veterans Af9 fairs or the Secretary of Labor would have re10 sponsibility for any such revision; and 

11 (C) where such employees would be lo12 cated. 

13 (7) Any other issues the Secretaries consider 

14 appropriate. 

15 (c) REPORT.—Not later than one year after the date 

16 of the enactment of this Act, the Secretaries shall jointly 

17 submit to the Committees on Veterans’ Affairs of the 

18 House of Representatives and the Senate a report on such 

19 study, including— 

20 (1) the recommendation of each Secretary as to 

21 how to best implement the transfer of functions de22 scribed in such study; 

23 (2) the advantages and disadvantages of such 

24 transfer; 


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1 (3) a list of regulatory and statutory actions re2 quired to implement such transfer that are not in3 cluded under this Act; 

4 (4) the amount of time each Secretary deter5 mines necessary to carry out such transfer; 

6 (5) whether, to carry out such transfer, any 

7 interoperability capabilities will need to be developed 

8 to electronically exchange information between the 

9 Department of Veterans Affairs and employees who 

10 were formerly under the Department of Labor be11 fore such transfer; 

12 (6) whether each Secretary plans to continue 

13 collaborating with the other Secretary after such 

14 transfer is completed, including an explanation of 

15 any such planned collaboration; 

16 (7) an estimate of the training required to carry 

17 out the functions so transferred, including the num18 ber of employees requiring training and for which 

19 programs; and 

20 (8) any other matters the Secretaries consider 

21 appropriate. 

Æ 


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