I 
118TH CONGRESS 
1ST SESSION H. R. 3738 
To amend title 38, United States Code, to establish in the Department 
of Veterans Affairs the Veterans Economic Opportunity and Transition 
Administration, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2023 
Mr. WENSTRUP (for himself and Mr. LEVIN) introduced the following bill; 
which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to establish in the 
Department of Veterans Affairs the Veterans Economic 
Opportunity and Transition Administration, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ESTABLISHMENT OF VETERANS ECONOMIC OP-
PORTUNITY AND TRANSITION ADMINISTRA-
TION. 
(a) VETERANS ECONOMIC OPPORTUNITY AND TRAN-
SITION ADMINISTRATION.— 
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(1) IN GENERAL.—Part V of title 38, United 
States Code, is amended by adding at the end the 
following new chapter: 
‘‘CHAPTER 80—VETERANS ECONOMIC OP-
PORTUNITY AND TRANSITION ADMIN-
ISTRATION 
‘‘Sec. 
‘‘8001. Organization of Administration. 
‘‘8002. Functions of Administration. 
‘‘8003. Annual report to Congress. 
‘‘§ 8001. Organization of Administration 
‘‘(a) VETERANS
ECONOMIC
OPPORTUNITY
AND 
TRANSITION ADMINISTRATION.—There is in the Depart-
ment of Veterans Affairs a Veterans Economic Oppor-
tunity and Transition Administration. The primary func-
tion of the Veterans Economic Opportunity and Transi-
tion Administration is the administration of the programs 
of the Department that provide assistance related to eco-
nomic opportunity to veterans and their dependents and 
survivors. 
‘‘(b) UNDER SECRETARY
FOR ECONOMIC OPPOR-
TUNITY AND TRANSITION.—The Veterans Economic Op-
portunity and Transition Administration is under the 
Under Secretary for Veterans Economic Opportunity and 
Transition, who is directly responsible to the Secretary for 
the operations of the Administration. 
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‘‘§ 8002. Functions of Administration 
‘‘The Veterans Economic Opportunity and Transition 
Administration is responsible for the administration of the 
following programs of the Department: 
‘‘(1) Vocational rehabilitation and employment 
programs. 
‘‘(2) Educational assistance programs. 
‘‘(3) Veterans’ housing loan and related pro-
grams. 
‘‘(4) The verification of small businesses owned 
and controlled by veterans pursuant to subsection (f) 
of section 8127 of this title, including the adminis-
tration of the database of veteran-owned businesses 
described in such subsection. 
‘‘(5) The Transition Assistance Program under 
section 1144 of title 10. 
‘‘(6) Any other program of the Department 
that the Secretary determines appropriate. 
‘‘§ 8003. Annual report to Congress 
‘‘The Secretary shall include in the annual report to 
the Congress required by section 529 of this title a report 
on the programs administered by the Under Secretary for 
Veterans Economic Opportunity and Transition. Each 
such report shall include the following with respect to each 
such program during the fiscal year covered by that re-
port: 
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‘‘(1) The number of claims received. 
‘‘(2) The number of claims decided. 
‘‘(3) The average processing time for a claim. 
‘‘(4) The number of successful outcomes (as de-
termined by the Secretary). 
‘‘(5) The number of full-time equivalent em-
ployees. 
‘‘(6) The amounts expended for information 
technology.’’. 
(2) CLERICAL
AMENDMENTS.—The tables of 
chapters at the beginning of title 38, United States 
Code, and of part V of title 38, United States Code, 
are each amended by inserting after the item relat-
ing to chapter 79 the following new item: 
‘‘80. Veterans Economic Opportunity and Transition Ad-
ministration ............................................................. 8001’’. 
(b) EFFECTIVE DATE.—Chapter 80 of title 38, 
United States Code, as added by subsection (a), shall take 
effect on October 1, 2024. 
(c) FULL-TIME EMPLOYEES.—For fiscal years 2024 
and 2025, the total number of full-time equivalent employ-
ees authorized for the Veterans Benefits Administration 
and the Veterans Economic Opportunity and Transition 
Administration, as established under chapter 80 of title 
38, United States Code, as added by subsection (a), may 
not exceed— 
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(1) 34,228 in fiscal year 2024; and 
(2) 35,417 in fiscal year 2025. 
(d) LABOR RIGHTS.—Any labor rights, inclusion in 
the bargaining unit, and collective bargaining agreement 
that affects an employee of the Department of Veterans 
Affairs who is transferred to the Veterans Economic Op-
portunity and Transition Administration, as established 
under chapter 80 of title 38, United States Code, as added 
by subsection (a), shall apply in the same manner to such 
employee after such transfer. 
SEC. 2. UNDER SECRETARY FOR VETERANS ECONOMIC OP-
PORTUNITY AND TRANSITION. 
(a) UNDER SECRETARY.— 
(1) IN GENERAL.—Chapter 3 of title 38, United 
States Code, is amended by inserting after section 
306 the following new section: 
‘‘§ 306A. Under Secretary for Veterans Economic Op-
portunity and Transition 
‘‘(a) UNDER SECRETARY.—There is in the Depart-
ment an Under Secretary for Veterans Economic Oppor-
tunity and Transition, who is appointed by the President, 
by and with the advice and consent of the Senate. The 
Under Secretary for Veterans Economic Opportunity and 
Transition shall be appointed without regard to political 
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affiliation or activity and solely on the basis of dem-
onstrated ability in— 
‘‘(1) information technology; and 
‘‘(2) the administration of programs within the 
Veterans Economic Opportunity and Transition Ad-
ministration or programs of similar content and 
scope. 
‘‘(b) RESPONSIBILITIES.—The Under Secretary for 
Veterans Economic Opportunity and Transition is the 
head of, and is directly responsible to the Secretary for 
the operations of, the Veterans Economic Opportunity and 
Transition Administration. 
‘‘(c) VACANCIES.—(1) Whenever a vacancy in the po-
sition of Under Secretary for Veterans Economic Oppor-
tunity and Transition occurs or is anticipated, the Sec-
retary shall establish a commission to recommend individ-
uals to the President for appointment to the position. 
‘‘(2) A commission established under this subsection 
shall be composed of the following members appointed by 
the Secretary: 
‘‘(A) Three persons representing education and 
training, vocational rehabilitation, employment, real 
estate, mortgage finance and related industries, and 
survivor benefits activities affected by the Veterans 
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Economic Opportunity and Transition Administra-
tion. 
‘‘(B) Two persons representing veterans served 
by the Veterans Economic Opportunity and Transi-
tion Administration. 
‘‘(C) Two persons who have experience in the 
management of private sector benefits programs of 
similar content and scope to the economic oppor-
tunity and transition programs of the Department. 
‘‘(D) The Deputy Secretary of Veterans Affairs. 
‘‘(E) The chairman of the Veterans’ Advisory 
Committee on Education formed under section 3692 
of this title. 
‘‘(F) One person who has held the position of 
Under Secretary for Veterans Economic Opportunity 
and Transition, if the Secretary determines that it 
is desirable for such person to be a member of the 
commission. 
‘‘(3) A commission established under this subsection 
shall recommend at least three individuals for appoint-
ment to the position of Under Secretary for Veterans Eco-
nomic Opportunity and Transition. The commission shall 
submit all recommendations to the Secretary. The Sec-
retary shall forward the recommendations to the President 
and the Committees on Veterans’ Affairs of the Senate 
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and House of Representatives with any comments the Sec-
retary considers appropriate. Thereafter, the President 
may request the commission to recommend additional in-
dividuals for appointment. 
‘‘(4) The Assistant Secretary or Deputy Assistant 
Secretary of Veterans Affairs who performs personnel 
management and labor relations functions shall serve as 
the executive secretary of a commission established under 
this subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 306 
the following new item: 
‘‘306A. Under Secretary for Veterans Economic Opportunity and Transition.’’. 
(b) CONFORMING AMENDMENTS.—Title 38, United 
States Code, is further amended— 
(1) in section 306(c)(2), by striking subpara-
graphs (A) and (E) and redesignating subpara-
graphs (B), (C), (D), and (F), as subparagraphs (A) 
through (D), respectively; 
(2) in section 317(d)(2), by inserting after 
‘‘Under Secretary for Benefits,’’ the following: ‘‘the 
Under Secretary for Veterans Economic Opportunity 
and Transition,’’; 
(3) in section 318(d)(2), by inserting after 
‘‘Under Secretary for Benefits,’’ the following: ‘‘the 
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