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 Com-
mittees on the Budget, and Armed Services, for a period to be subse-
quently 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 employ-
ment services for veterans by consolidating various pro-
grams in the Department of Veterans Affairs, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Consolidating Veteran 
Employment Services for Improved Performance Act of 
2023’’. 
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SEC. 2. TRANSFER OF DEPARTMENT OF LABOR VETERANS 
PROGRAMS TO DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) TRANSFER OF FUNCTIONS.— 
(1) IN GENERAL.—Effective October 1, 2025, 
there shall be transferred to the Secretary of Vet-
erans Affairs all functions performed under the fol-
lowing programs of the Department of Labor, and 
all personnel, assets, and liabilities pertaining to 
such programs, immediately before such transfer oc-
curs: 
(A) Job counseling, training, and place-
ment services for veterans under chapter 41 of 
title 38, United States Code. 
(B) Federal Government employment serv-
ices by the Secretary of Labor under section 
4214 of such title. 
(C) Administration of employment and re-
employment rights of members of the uniformed 
services under chapter 43 of such title. 
(D) Homeless veterans reintegration pro-
grams under chapter 20 of such title. 
(E) Employment and veterans benefits 
training under the Transition Assistance Pro-
gram under section 1144 of title 10, United 
States Code. 
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(2) MEMORANDUMS OF AGREEMENT.—The Sec-
retary of Veterans Affairs shall enter into memoran-
dums of agreement with the Secretary of Labor and 
with States (as defined in section 4101(6) of title 
38, United States Code), as the Secretary of Vet-
erans Affairs determines necessary, to implement 
the transition of the programs specified under para-
graph (1). 
(3) RULE OF CONSTRUCTION.—Nothing in this 
Act may be construed to affect the role and respon-
sibility of the Secretary of Labor with respect to 
programs not administered by the Assistant Sec-
retary of Labor for Veterans’ Employment and 
Training Service as of the day before the date of the 
enactment of this Act that are specified under para-
graph (1). 
(b) BUDGET REQUEST.—Under section 1105 of title 
31, United States Code, the President shall include in the 
President’s budget request for the Department of Vet-
erans Affairs for fiscal year 2027, and for each subsequent 
fiscal year, funding requested for the functions referred 
to in subsection (a)(1). 
(c) REFERENCES.—Any reference in any other Fed-
eral law, Executive order, rule, regulation, or delegation 
of authority, or any document of or pertaining to a depart-
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ment or office from which a function is transferred by this 
Act— 
(1) to the head of such department or office is 
deemed to refer to the head of the department or of-
fice to which such function is transferred; or 
(2) to such department or office is deemed to 
refer to the department or office to which such func-
tion is transferred. 
(d) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, a Federal official to whom a function 
is transferred by this Act may, for purposes of performing 
the function, exercise all authorities under any other provi-
sion of law that were available with respect to the perform-
ance of that function to the official responsible for the per-
formance of the function immediately before the effective 
date of the transfer of the function under this Act. 
(e) SAVINGS PROVISIONS.— 
(1) LEGAL
DOCUMENTS.—All orders, deter-
minations, rules, regulations, permits, grants, loans, 
contracts, agreements, certificates, licenses, and 
privileges— 
(A) that have been issued, made, granted, 
or allowed to become effective by the President, 
the Secretary of Labor, the Secretary of Vet-
erans Affairs, any officer or employee of any of-
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fice transferred by this Act, or any other Gov-
ernment official, or by a court of competent ju-
risdiction, in the performance of any function 
that is transferred by this Act, and 
(B) that are in effect on the effective date 
of such transfer (or become effective after such 
date pursuant to their terms as in effect on 
such effective date), 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, any 
other authorized official, a court of competent juris-
diction, or operation of law. 
(2) PROCEEDINGS.—This Act shall not affect 
any proceedings or any application for any benefits, 
service, license, permit, certificate, or financial as-
sistance pending on the date of the enactment of 
this Act before an office transferred by this Act, but 
such proceedings and applications shall be contin-
ued. Orders shall be issued in such proceedings, ap-
peals shall be taken therefrom, and payments shall 
be made pursuant to such orders, as if this Act had 
not been enacted, and orders issued in any such pro-
ceeding shall continue in effect until modified, termi-
nated, superseded, or revoked by a duly authorized 
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official, by a court of competent jurisdiction, or by 
operation of law. Nothing in this subsection shall be 
considered to prohibit the discontinuance or modi-
fication of any such proceeding under the same 
terms and conditions and to the same extent that 
such proceeding could have been discontinued or 
modified if this Act had not been enacted. 
(3) SUITS.—This Act shall not affect suits com-
menced before the date of the enactment of this Act, 
and in all such suits, proceeding shall be had, ap-
peals taken, and judgments rendered in the same 
manner and with the same effect as if this Act had 
not been enacted. 
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against 
the Department of Labor or the Secretary of Labor, 
or by or against any individual in the official capac-
ity of such individual as an officer or employee of an 
office transferred by this Act, shall abate by reason 
of the enactment of this Act. 
(5) CONTINUANCE OF SUITS.—If any Govern-
ment officer in the official capacity of such officer 
is party to a suit with respect to a function of the 
officer, and under this Act such function is trans-
ferred to any other officer or office, then such suit 
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shall be continued with the other officer or the head 
of such other office, as applicable, substituted or 
added as a party. 
(6) ADMINISTRATIVE
PROCEDURE
AND
JUDI-
CIAL REVIEW.—Except as otherwise provided by this 
Act, any statutory requirements relating to notice, 
hearings, action upon the record, or administrative 
or judicial review that apply to any function trans-
ferred by this Act shall apply to the exercise of such 
function by the head of the Federal agency, and 
other officers of the agency, to which such function 
is transferred by this Act. 
(f) TRANSFER OF ASSETS.—Except as otherwise pro-
vided in this Act, so much of the personnel, property, 
records, and unexpended balances of appropriations, allo-
cations, and other funds employed, used, held, available, 
or to be made available in connection with a function 
transferred to an official or agency by this Act shall be 
available to the official or the head of that agency, respec-
tively, at such time or times as the Director of the Office 
of Management and Budget directs for use in connection 
with the functions transferred. 
(g) DELEGATION AND ASSIGNMENT.—Except as oth-
erwise expressly prohibited by law or otherwise provided 
in this Act, an official to whom functions are transferred 
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under this Act (including the head of any office to which 
functions are transferred under this Act) may delegate 
any of the functions so transferred to such officers and 
employees of the office of the official as the official may 
designate, and may authorize successive redelegations of 
such functions as may be necessary or appropriate. No 
delegation of functions under this section or under any 
other provision of this Act shall relieve the official to whom 
a function is transferred under this Act of responsibility 
for the administration of the function. 
(h) AUTHORITY OF DIRECTOR OF THE OFFICE OF 
MANAGEMENT AND BUDGET WITH RESPECT TO FUNC-
TIONS TRANSFERRED.— 
(1) DETERMINATIONS.—If necessary, the Di-
rector of Management and Budget shall make any 
determination of the functions that are transferred 
under this Act. 
(2) INCIDENTAL TRANSFERS.—The Director, at 
such time or times as the Director shall provide, 
may make such determinations as may be necessary 
with regard to the functions transferred by this Act, 
and to make such additional incidental dispositions 
of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of ap-
propriations, authorizations, allocations, and other 
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