[House Report 116-69]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-69
======================================================================
TO AMEND TITLE 38, UNITED STATES CODE, 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, AND FOR OTHER PURPOSES
_______
May 16, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Takano, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 2045]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 2045) to amend title 38, United States Code, 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, and for other purposes, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
CONTENTS
Page
Purpose and Summary............................................. 4
Background and Need for Legislation............................. 5
Hearings........................................................ 7
Subcommittee Consideration...................................... 8
Committee Consideration......................................... 8
Committee Votes................................................. 8
Committee Oversight Findings.................................... 8
Statement of General Performance Goals and Objectives........... 8
New Budget Authority, Entitlement Authority, and Tax
Expenditures................................................... 8
Earmarks and Tax and Tariff Benefits............................ 9
Committee Cost Estimate......................................... 9
Congressional Budget Office Estimate............................ 9
Federal Mandates Statement...................................... 9
Advisory Committee Statement.................................... 9
Constitutional Authority Statement.............................. 9
Applicability to Legislative Branch............................. 9
Statement on Duplication of Federal Programs.................... 9
Disclosure of Directed Rulemaking............................... 10
Section-by-Section Analysis of the Legislation.................. 10
Changes in Existing Law Made by the Bill as Reported............ 10
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND
TRANSITION ADMINISTRATION.
(a) Veterans Economic Opportunity and Transition Administration.--
(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 OPPORTUNITY AND TRANSITION
ADMINISTRATION
``Sec.
``8001. Organization of Administration.
``8002. Functions of Administration.
``8003. Annual report to Congress.
``Sec. 8001. Organization of Administration
``(a) Veterans Economic Opportunity and Transition Administration.--
There is in the Department of Veterans Affairs a Veterans Economic
Opportunity and Transition Administration. The primary function of the
Veterans Economic Opportunity and Transition Administration is the
administration of the programs of the Department that provide
assistance related to economic opportunity to veterans and their
dependents and survivors.
``(b) Under Secretary for Economic Opportunity and Transition.--The
Veterans Economic Opportunity 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.
``Sec. 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 programs.
``(4) The verification of small businesses owned and
controlled by veterans pursuant to subsection (f) of section
8127 of this title, including the administration 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.
``Sec. 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
report:
``(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 determined by the
Secretary).
``(5) The number of full-time equivalent employees.
``(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 relating to chapter 79 the following new item:
``80. Veterans Economic Opportunity and Transition 8001''.
Administration.
(b) Effective Date.--Chapter 80 of title 38, United States Code, as
added by subsection (a), shall take effect on October 1, 2020.
(c) Authorization for Appropriations for Veterans Benefits
Administrations.--There is authorized to be appropriated for fiscal
year 2020 for the General Operating Expenses account of the Veterans
Benefits Administration $3,025,000,000.
(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 Opportunity 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 OPPORTUNITY 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:
``Sec. 306A. Under Secretary for Veterans Economic Opportunity and
Transition
``(a) Under Secretary.--There is in the Department an Under Secretary
for Veterans Economic Opportunity 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 affiliation or activity and
solely on the basis of demonstrated ability in--
``(1) information technology; and
``(2) the administration of programs within the Veterans
Economic Opportunity and Transition Administration 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 position of Under
Secretary for Veterans Economic Opportunity and Transition occurs or is
anticipated, the Secretary shall establish a commission to recommend
individuals 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 Economic Opportunity and
Transition Administration.
``(B) Two persons representing veterans served by the
Veterans Economic Opportunity and Transition Administration.
``(C) Two persons who have experience in the management of
private sector benefits programs of similar content and scope
to the economic opportunity 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 appointment to the position of Under
Secretary for Veterans Economic Opportunity and Transition. The
commission shall submit all recommendations to the Secretary. The
Secretary shall forward the recommendations to the President and the
Committees on Veterans' Affairs of the Senate and House of
Representatives with any comments the Secretary considers appropriate.
Thereafter, the President may request the commission to recommend
additional individuals 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 sections 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 subparagraphs (A) and
(E) and redesignating subparagraphs (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 Under Secretary
for Veterans Economic Opportunity and Transition,'';
(4) in section 516(e)(2)(C), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(5) in section 541(a)(2)(B), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(6) in section 542(a)(2)(B)(iii), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(7) in section 544(a)(2)(B)(vi), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(8) in section 709(c)(2)(A), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(9) in section 7701(a), by inserting after ``assistance'' the
following: ``, other than assistance related to Economic
Opportunity and Transition,''; and
(10) in section 7703, by striking paragraphs (2) and (3) and
redesignating paragraphs (4) and (5) as paragraphs (2) and (3),
respectively.
(c) Effective Date.--Section 306A of title 38, United States Code, as
added by subsection (a), and the amendments made by this section, shall
take effect on October 1, 2020.
SEC. 3. TRANSFER OF SERVICES.
(a) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees' on Veterans Affairs of the Senate and House
of Representatives a report on the progress toward establishing the
Veterans Economic Opportunity and Transition Administration, as
established under section 8001 of title 38, United States Code, as
added by section 4, and the transition of the provision of services to
veterans by such Administration.
(b) Certification.--The Secretary of Veterans Affairs may not
transfer the function of providing any services to veterans to the
Veterans Economic Opportunity and Transition Administration, as
established under section 8001 of title 38, United States Code, as
added by section 4 until the Secretary submits to the Committees'
Veterans Affairs of the Senate and House of Representatives
certification that--
(1) the transition of the provision of services to such
Administration will not negatively affect the provision of such
services to veterans;
(2) such services are ready to be transferred.
(c) Deadline for Certification.--The Secretary shall submit to the
Committees' on Veterans Affairs of the Senate and House of
Representatives the certification required by subsection (b)--
(1) no earlier than April 1, 2020; and
(2) no later than September 1, 2020.
(d) Failure to Certify.--If the Secretary fails to submit the
certification required by subsection (b) by the date specified in
subsection (c)(2), the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
that includes--
(1) the reason why the certification was not made by such
date; and
(2) the estimated date when the certification will be made.
Amend the title so as to read:
A bill to amend title 38, United States Code, to establish
in the Department the Veterans Economic Opportunity and
Transition Administration, and for other purposes.
Purpose and Summary
With the expansion of services and duties of the Department
of Veterans Affairs (VA) regarding care for veterans, VA has
struggled to track programs for education and employment for
effectiveness, and Congress has struggled to determine the
Department's resource needs. H.R. 2045, as amended would create
a new Administration within the Department to manage
educational assistance, vocational rehabilitation and
employment, education and career counseling programs, and
broadly-defined shared transition assistance programs.
This new administration would allow educational and
employment programs to report directly to a new Under Secretary
and better articulate and advocate for the needs of
servicemembers. Similar text to that of H.R. 2045, as amended
passed the House as part of H.R. 5693 in the 115th Congress but
was not considered by the Senate.
The legislation directs the newly created position of Under
Secretary for Veterans Economic Opportunity and Transition to
report to Congress on the number of individual claims received
and decided, claim processing time, successful outcomes, number
of employees, and information technology expenditures. Claims
records would be provided for each separate issue requested of
the Administration, and the number of times a veteran submits a
claim.
H.R. 2045 sets a $3,025,000,000 cap on authorized funding
levels for the Veterans Benefits Administration, general
operating expenses account. This cap is intended to match the
appropriated funding amount provided by fiscal year 2020
appropriations for the Administration. Should appropriated
amounts for fiscal year 2020 exceed the authorized levels in
this legislation, the Committee recommends that the
Administration provide justification to Congress for additional
authorization of funding.
For VA employees transferred to the Veteran Economic
Opportunity and Transition Administration, any labor rights,
inclusion in the bargaining unit, and collective bargaining
agreements would be maintained for those employees after such
transfer. The labor rights agreement made for a transferred
employee would be maintained for the original agreement
timeline.
Background and Need for Legislation
Section 1. Establishment of Veterans Economic Opportunity and
Transition Administration
The Veterans Benefits Administration's (VBA) structure has
not significantly changed since the creation of the Department
of Veterans Affairs in 1930. During the last eighty-nine years,
the services needed by veterans has drastically changed. The
Committee believes VA, with the support of Congress and
veterans service organizations (VSO), would function more
effectively for our nation's veterans with the creation of a
fourth administration within the department.
Currently, title 38 U.S.C. establishes three separate
administrations within VA. Chapter 73 of title 38 U.S.C.
establishes the Veterans Health Administration (VHA), which is
responsible for the administration of all health care related
facilities and programs. Chapter 77 of title 38 U.S.C.,
establishes the Veterans Benefits Administration (VBA), which
is responsible for the administration of all benefit programs,
including compensation, pension, insurance, educational
assistance and training programs, and loan guaranty programs.
Chapter 24 of title 38 U.S.C. establishes the National Cemetery
Administration (NCA), which is responsible for the
administration of the more than 131 National Cemeteries and
other burial-related facilities and programs.
VA's disability compensation program is a highly complex
program designed to provide monthly payments for disabilities
incurred or aggravated in military service. Ongoing conflicts
around the world and an aging veteran population have caused a
continued increase in the number of compensation claims
received by VA. As of March 2019, there were 369,709 disability
compensation and pension claims at VA. 74,208 (20%) of those
claims were pending more than 125 days. The claims backlog
continues to draw considerable criticism from the veterans'
community, Congress, and the press. Understandably, senior VBA
leaders spend considerable time and resources focused on
decreasing the inventory of disability compensation claims at
the expense of time and focus needed for other benefit
programs.
Over time, this has led to less leadership attention to the
non-compensation programs administered by VBA. For example,
VBA's Fiscal Year 2020 (FY 2020) budget request includes funds
to support 21,636 direct full time equivalent (FTE) employees
for VBA. Of this number, 15,851 direct labor FTE were requested
to administer disability compensation, pension, burial, and
dependency indemnity compensation, which only leaves 5,785
employees available to work on other benefits. The Committee
believes the focus on disability compensation and pension
results in a lack of attention on lengthy waits for benefits
from the education, vocational rehabilitation, and loan
guaranty programs, undermining the potential for veterans to
improve their lives through programs that increase economic
opportunities.
Therefore, to ensure more effective oversight of those
programs, the Committee believes that separating the
compensation and pension programs from programs which lead to
increased employability and economic success would be
appropriate. Section 1 of the bill would create Chapter 80 in
title 38 U.S.C. to establish the Veterans Economic Opportunity
and Transition Administration (VEOTA), which would manage the
G.I. Bill, Home Loan Guaranty, Vocational Rehabilitation and
Employment (VR&E) programs, and VA's portion of the Transition
Assistance Program that helps servicemembers transition to
civilian life.
Additionally, Section 8127 of title 38 U.S.C. established a
program to assist VA in meeting the statutory goals for
procurement of goods and services from service disabled
veteran-owned small businesses. Because small business
ownership can be a significant contributor to economic success
and due to VA's continued difficulty in administering the
service disabled veteran-owned small business program, section
1 of the bill would place the program authorized by Section
8127 under the auspices of VEOTA.
Finally, section 1 of the bill would also require that VA
include data on claims received, claims decided, processing
times for claims administered by VEOTA, and long-term outcomes
of participants in VEOTA's programs in the annual benefits
report. The Committee believes this reporting requirement would
be critical to analyze and track the performance of VEOTA's
programs and benefits especially how these programs lead to
positive economic outcomes for veterans.
Section 2. Under Secretary for Veterans Economic Opportunity and
Transition
Section 2 of the bill would amend title 38 U.S.C. by adding
a new section 306A to create the position of Under Secretary
for Veterans Economic Opportunity and Transition to oversee all
VEOTA programs and operations. This section would complement
section 1 of the bill by creating an Under Secretary position
to put the new VEOTA on par with other administrations within
VA.
Under this section, the new Under Secretary would be
appointed by the President with the advice and consent of the
Senate. The section would also require that the Under Secretary
have demonstrated ability in the use of information technology
(IT) and administration of programs like those in the new
VEOTA. The section would also require the VA Secretary to
convene a commission when the position is vacant to recommend
individuals to the President for appointment. The commission
would consist of individuals who represent a cross section of
the programs administered by the VEOTA. Although the President
would not be bound to appoint any individuals recommended by
the commission, the Committee would expect serious
consideration of the commission's recommendations during the
appointment process. Finally, the Committee would also expect
the commission to recommend individuals who have private sector
experience in running programs like those under VEOTA.
The Committee and veterans service organizations strongly
believe the creation of a 4th Administration within the
Department of Veterans Affairs is necessary. The Committee on
Veterans' Affairs division of jurisdiction, which includes the
Economic Opportunity Subcommittee, is viewed by veterans
service organizations as a model for dividing duties and
responsibilities within the Department.
The Transition Assistance Program (TAP) would also be well
served by a VEOTA. Since the administration of TAP is shared
among VA, Department of Labor, and the Department of Defense,
an Undersecretary for VEOTA would be able to more effectively
advocate for the needs of veterans in the other Departments.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearings and meetings were used
to develop or consider H.R. 2045, as amended.
On April 9, 2019, the Subcommittee on Economic Opportunity
conducted a legislative hearing on various bills introduced
during the 116th Congress, including H.R. 2045.
The following witnesses testified:
Ms. Margarita Devlin, Principal Deputy Under
Secretary for Benefits, Veterans Benefits
Administration, U.S. Department of Veterans Affairs.
Ms. Ashlynne Haycock, Deputy Policy Director, Education
Support Services, Tragedy Assistance Program for
Survivors (TAPS). Mr. Patrick Murray, Deputy Director,
National Legislative Service, The Veterans of Foreign
Wars. Mr. John Kamin, Credentialing and Education
Policy Associate, National Veterans Employment and
Education Division, The American Legion. Ms. Rebecca
Burgess, Program Manager Citizenship Project, American
Enterprise Institute.
Statements for the record were submitted by:
Disabled American Veterans.
Subcommittee Consideration
On May 1, 2019, the Subcommittee on Economic Opportunity
met in an open markup session, a quorum being present, and
reported favorably H.R. 2045, as amended to the Committee on
Veterans' Affairs by voice vote.
During the May 1, 2019 consideration, the Subcommittee
considered H.R. 2045 as an amendment in the nature of a
substitute to change the cap of from full time employees within
the Veterans Economic Opportunity and Transition Administration
to cap of spending levels for the Administration. No other
amendments were offered.
Committee Consideration
On May 8, 2019, the Committee on Veterans' Affairs met in
an open markup session, a quorum being present, and reported
favorably H.R. 2045, as amended to the House of Representatives
by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report the legislation and amendments
thereto. There were no recorded votes taken on amendments or in
connection with reporting H.R. 2045, as amended to the House. A
motion by Ranking Member Phil Roe of Tennessee to report H.R.
2045, as amended favorably to the House of Representatives was
agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are to improve the effectiveness of
economic benefits administered by the VA by creating a new
Economic Opportunity Administration to manage the G.I. Bill,
Home Loan Guaranty, Vocational Rehabilitation and Employment
(VR&E) programs, and VA's portion of the Transition Assistance
Program.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 2045, as amended does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
2045, as amended prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 2045, as amended prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
2045, as amended.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 2045, as amended is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 2045, as amended does not
relate to the terms and conditions of employment or access to
public services or accommodations within the legislative
branch.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2045, as amended establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee estimates that H.R.
2045, as amended contains no directed rule making that would
require the Secretary to prescribe regulations.
Section-by-Section Analysis of the Legislation
Sec 1: Establishes a 4th Administration within the
Department of Veterans Affairs named the ``Veterans Economic
Opportunity and Transition Administration. Sets functions of
the administration, reporting standards and organizational
structure. Includes protections for all existing collective
bargaining agreements.
Sec 2: Establishes position of Undersecretary for Veterans
Economic Opportunity and Transition and sets responsibilities.
Also establishes a commission to make recommendations for three
individuals for the position.
Sec 3: Sets reporting standards to submit to Congress on
progress of establishing the 4th Administration and sets
deadlines.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec.
301. Department.
* * * * * * *
306. Under Secretary for Benefits.
306A. Under Secretary for Veterans Economic Opportunity and Transition.
* * * * * * *
Sec. 306. Under Secretary for Benefits
(a) There is in the Department an Under Secretary for
Benefits, who is appointed by the President, by and with the
advice and consent of the Senate. The Under Secretary for
Benefits shall be appointed without regard to political
affiliation or activity and solely on the basis of demonstrated
ability in--
(1) fiscal management; and
(2) the administration of programs within the
Veterans Benefits Administration or programs of similar
content and scope.
(b) The Under Secretary for Benefits is the head of, and is
directly responsible to the Secretary for the operations of,
the Veterans Benefits Administration.
(c)(1) Whenever a vacancy in the position of Under Secretary
for Benefits occurs or is anticipated, the Secretary shall
establish a commission to recommend individuals 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, real estate, mortgage finance, and related
industries, and survivor benefits activities affected
by the Veterans Benefits Administration.]
[(B)] (A) Two persons representing veterans served by
the Veterans Benefits Administration.
[(C)] (B) Two persons who have experience in the
management of veterans benefits programs or programs of
similar content and scope.
[(D)] (C) The Deputy Secretary of Veterans Affairs.
[(E) The chairman of the Veterans' Advisory Committee
on Education formed under section 3692 of this title.]
[(F)] (D) One person who has held the position of
Under Secretary for Benefits (including service as
Chief Benefits Director of the Veterans'
Administration), 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
appointment to the position of Under Secretary for
Benefits. The commission shall submit all
recommendations to the Secretary. The Secretary shall
forward the recommendations to the President with any
comments the Secretary considers appropriate.
Thereafter, the President may request the commission to
recommend additional individuals 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.
Sec. 306A. Under Secretary for Veterans Economic Opportunity and
Transition
(a) Under Secretary.--There is in the Department an Under
Secretary for Veterans Economic Opportunity 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 affiliation or activity and solely on the
basis of demonstrated ability in--
(1) information technology; and
(2) the administration of programs within the
Veterans Economic Opportunity and Transition
Administration 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 position of
Under Secretary for Veterans Economic Opportunity and
Transition occurs or is anticipated, the Secretary shall
establish a commission to recommend individuals 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
Economic Opportunity and Transition Administration.
(B) Two persons representing veterans served by the
Veterans Economic Opportunity and Transition
Administration.
(C) Two persons who have experience in the management
of private sector benefits programs of similar content
and scope to the economic opportunity 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 appointment to the
position of Under Secretary for Veterans Economic Opportunity
and Transition. The commission shall submit all recommendations
to the Secretary. The Secretary shall forward the
recommendations to the President and the Committees on
Veterans' Affairs of the Senate and House of Representatives
with any comments the Secretary considers appropriate.
Thereafter, the President may request the commission to
recommend additional individuals 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.
* * * * * * *
Sec. 317. Center for Minority Veterans
(a) There is in the Department a Center for Minority
Veterans. There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in
the Senior Executive Service. The Director shall be appointed
for a term of six years.
(c) The Director reports directly to the Secretary or the
Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with
respect to veterans who are minorities:
(1) Serve as principal adviser to the Secretary on
the adoption and implementation of policies and
programs affecting veterans who are minorities.
(2) Make recommendations to the Secretary, the Under
Secretary for Health, the Under Secretary for Benefits,
the Under Secretary for Veterans Economic Opportunity
and Transition, and other Department officials for the
establishment or improvement of programs in the
Department for which veterans who are minorities are
eligible.
(3) Promote the use of benefits authorized by this
title by veterans who are minorities and the conduct of
outreach activities to veterans who are minorities, in
conjunction with outreach activities carried out under
chapter 77 of this title.
(4) Disseminate information and serve as a resource
center for the exchange of information regarding
innovative and successful programs which improve the
services available to veterans who are minorities.
(5) Conduct and sponsor appropriate social and
demographic research on the needs of veterans who are
minorities and the extent to which programs authorized
under this title meet the needs of those veterans,
without regard to any law concerning the collection of
information from the public.
(6) Analyze and evaluate complaints made by or on
behalf of veterans who are minorities about the
adequacy and timeliness of services provided by the
Department and advise the appropriate official of the
Department of the results of such analysis or
evaluation.
(7) Consult with, and provide assistance and
information to, officials responsible for administering
Federal, State, local, and private programs that assist
veterans, to encourage those officials to adopt
policies which promote the use of those programs by
veterans who are minorities.
(8) Advise the Secretary when laws or policies have
the effect of discouraging the use of benefits by
veterans who are minorities.
(9) Publicize the results of medical research which
are of particular significance to veterans who are
minorities.
(10) Advise the Secretary and other appropriate
officials on the effectiveness of the Department's
efforts to accomplish the goals of section 492B of the
Public Health Service Act (42 U.S.C. 289a-2) with
respect to the inclusion of minorities in clinical
research and on particular health conditions affecting
the health of members of minority groups which should
be studied as part of the Department's medical research
program and promote cooperation between the Department
and other sponsors of medical research of potential
benefit to veterans who are minorities.
(11) Provide support and administrative services to
the Advisory Committee on Minority Veterans provided
for under section 544 of this title.
(12) Perform such other duties consistent with this
section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the
functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to
Congress by the Secretary in support of the President's budget
for each fiscal year--
(1) detailed information on the budget for the
Center;
(2) the Secretary's opinion as to whether the
resources (including the number of employees) proposed
in the budget for that fiscal year are adequate to
enable the Center to comply with its statutory and
regulatory duties; and
(3) a report on the activities and significant
accomplishments of the Center during the preceding
fiscal year.
(g) In this section--
(1) The term ``veterans who are minorities'' means
veterans who are minority group members.
(2) The term ``minority group member'' has the
meaning given such term in section 544(d) of this
title.
Sec. 318. Center for Women Veterans
(a) There is in the Department a Center for Women Veterans.
There is at the head of the Center a Director.
(b) The Director shall be a career or noncareer appointee in
the Senior Executive Service. The Director shall be appointed
for a term of six years.
(c) The Director reports directly to the Secretary or the
Deputy Secretary concerning the activities of the Center.
(d) The Director shall perform the following functions with
respect to veterans who are women:
(1) Serve as principal adviser to the Secretary on
the adoption and implementation of policies and
programs affecting veterans who are women.
(2) Make recommendations to the Secretary, the Under
Secretary for Health, the Under Secretary for Benefits,
the Under Secretary for Veterans Economic Opportunity
and Transition, and other Department officials for the
establishment or improvement of programs in the
Department for which veterans who are women are
eligible.
(3) Promote the use of benefits authorized by this
title by veterans who are women and the conduct of
outreach activities to veterans who are women, in
conjunction with outreach activities carried out under
chapter 77 of this title.
(4) Disseminate information and serve as a resource
center for the exchange of information regarding
innovative and successful programs which improve the
services available to veterans who are women.
(5) Conduct and sponsor appropriate social and
demographic research on the needs of veterans who are
women and the extent to which programs authorized under
this title meet the needs of those veterans, without
regard to any law concerning the collection of
information from the public.
(6) Analyze and evaluate complaints made by or on
behalf of veterans who are women about the adequacy and
timeliness of services provided by the Department and
advise the appropriate official of the Department of
the results of such analysis or evaluation.
(7) Consult with, and provide assistance and
information to, officials responsible for administering
Federal, State, local, and private programs that assist
veterans, to encourage those officials to adopt
policies which promote the use of those programs by
veterans who are women.
(8) Advise the Secretary when laws or policies have
the effect of discouraging the use of benefits by
veterans who are women.
(9) Publicize the results of medical research which
are of particular significance to veterans who are
women.
(10) Advise the Secretary and other appropriate
officials on the effectiveness of the Department's
efforts to accomplish the goals of section 492B of the
Public Health Service Act (42 U.S.C. 289a-2) with
respect to the inclusion of women in clinical research
and on particular health conditions affecting women's
health which should be studied as part of the
Department's medical research program and promote
cooperation between the Department and other sponsors
of medical research of potential benefit to veterans
who are women.
(11) Provide support and administrative services to
the Advisory Committee on Women Veterans established
under section 542 of this title.
(12) Perform such other duties consistent with this
section as the Secretary shall prescribe.
(e) The Secretary shall ensure that the Director is furnished
sufficient resources to enable the Director to carry out the
functions of the Center in a timely manner.
(f) The Secretary shall include in documents submitted to
Congress by the Secretary in support of the President's budget
for each fiscal year--
(1) detailed information on the budget for the
Center;
(2) the Secretary's opinion as to whether the
resources (including the number of employees) proposed
in the budget for that fiscal year are adequate to
enable the Center to comply with its statutory and
regulatory duties; and
(3) a report on the activities and significant
accomplishments of the Center during the preceding
fiscal year.
* * * * * * *
CHAPTER 5--AUTHORITY AND DUTIES OF THE SECRETARY
* * * * * * *
SUBCHAPTER I--GENERAL AUTHORITIES
* * * * * * *
Sec. 516. Equal employment responsibilities
(a) The Secretary shall provide that the employment
discrimination complaint resolution system within the
Department be established and administered so as to encourage
timely and fair resolution of concerns and complaints. The
Secretary shall take steps to ensure that the system is
administered in an objective, fair, and effective manner and in
a manner that is perceived by employees and other interested
parties as being objective, fair, and effective.
(b) The Secretary shall provide--
(1) that employees responsible for counseling
functions associated with employment discrimination and
for receiving, investigating, and processing complaints
of employment discrimination shall be supervised in
those functions by, and report to, an Assistant
Secretary or a Deputy Assistant Secretary for complaint
resolution management; and
(2) that employees performing employment
discrimination complaint resolution functions at a
facility of the Department shall not be subject to the
authority, direction, and control of the Director of
the facility with respect to those functions.
(c) The Secretary shall ensure that all employees of the
Department receive adequate education and training for the
purposes of this section and section 319 of this title.
(d) The Secretary shall, when appropriate, impose
disciplinary measures, as authorized by law, in the case of
employees of the Department who engage in unlawful employment
discrimination, including retaliation against an employee
asserting rights under an equal employment opportunity law.
(e)(1)(A) Not later than 45 days after the end of each
calendar quarter, the Assistant Secretary for Human Resources
and Administration shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
summarizing the employment discrimination complaints filed
against the individuals referred to in paragraph (2) during
such quarter.
(B) Subparagraph (A) shall apply in the case of complaints
filed against individuals on the basis of such individuals'
personal conduct and shall not apply in the case of complaints
filed solely on the basis of such individuals' positions as
officials of the Department.
(2) Paragraph (1) applies to the following officers and
employees of the Department:
(A) The Secretary.
(B) The Deputy Secretary of Veterans Affairs.
(C) The Under Secretary for [Health and the Under
Secretary for Benefits] Health, the Under Secretary for
Benefits, and the Under Secretary for Veterans Economic
Opportunity and Transition.
(D) Each Assistant Secretary of Veterans Affairs and
each Deputy Assistant Secretary of Veterans Affairs.
(E) The Under Secretary of Veterans Affairs for
Memorial Affairs.
(F) The General Counsel of the Department.
(G) The Chairman of the Board of Veterans' Appeals.
(H) The Chairman of the Board of Contract Appeals of
the Department.
(I) The director and the chief of staff of each
medical center of the Department.
(J) The director of each Veterans Integrated Services
Network.
(K) The director of each regional office of the
Department.
(L) Each program director of the Central Office of
the Department.
(3) Each report under this subsection--
(A) may not disclose information which identifies the
individuals filing, or the individuals who are the
subject of, the complaints concerned or the facilities
at which the discrimination identified in such
complaints is alleged to have occurred;
(B) shall summarize such complaints by type and by
equal employment opportunity field office area in which
filed; and
(C) shall include copies of such complaints, with the
information described in subparagraph (A) redacted.
(4) Not later than April 1 each year, the Assistant Secretary
shall submit to the committees referred to in paragraph (1)(A)
a report on the complaints covered by paragraph (1) during the
preceding year, including the number of such complaints filed
during that year and the status and resolution of the
investigation of such complaints.
(f) The Secretary shall ensure that an employee of the
Department who seeks counseling relating to employment
discrimination may elect to receive such counseling from an
employee of the Department who carries out equal employment
opportunity counseling functions on a full-time basis rather
than from an employee of the Department who carries out such
functions on a part-time basis.
(g) The number of employees of the Department whose duties
include equal employment opportunity counseling functions as
well as other, unrelated functions may not exceed 40 full-time
equivalent employees. Any such employee may be assigned equal
employment opportunity counseling functions only at Department
facilities in remote geographic locations (as determined by the
Secretary). The Secretary may waive the limitation in the
preceding sentence in specific cases.
(h) The provisions of this section shall be implemented in a
manner consistent with procedures applicable under regulations
prescribed by the Equal Employment Opportunity Commission.
* * * * * * *
SUBCHAPTER III--ADVISORY COMMITTEES
Sec. 541. Advisory Committee on Former Prisoners of War
(a)(1) The Secretary shall establish an advisory committee to
be known as the Advisory Committee on Former Prisoners of War
(hereinafter in this section referred to as the ``Committee'').
(2)(A) The members of the Committee shall be appointed by the
Secretary from the general public and shall include--
(i) appropriate representatives of veterans who are
former prisoners of war;
(ii) individuals who are recognized authorities in
fields pertinent to disabilities prevalent among former
prisoners of war, including authorities in
epidemiology, mental health, nutrition, geriatrics, and
internal medicine; and
(iii) appropriate representatives of disabled
veterans.
(B) The Committee shall also include, as ex officio members,
the Under Secretary for [Health and the Under Secretary for
Benefits] Health, the Under Secretary for Benefits, and the
Under Secretary for Veterans Economic Opportunity and
Transition, or their designees.
(3) The Secretary shall determine the number, terms of
service, and pay and allowances of members of the Committee
appointed by the Secretary, except that the term of service of
any such member may not exceed three years.
(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the
administration of benefits under this title for veterans who
are former prisoners of war and the needs of such veterans with
respect to compensation, health care, and rehabilitation.
(c)(1) Not later than July 1 of each odd-numbered year
through 2009, the Committee shall submit to the Secretary a
report on the programs and activities of the Department that
pertain to veterans who are former prisoners of war. Each such
report shall include--
(A) an assessment of the needs of such veterans with
respect to compensation, health care, and
rehabilitation;
(B) a review of the programs and activities of the
Department designed to meet such needs; and
(C) such recommendations (including recommendations
for administrative and legislative action) as the
Committee considers to be appropriate.
(2) The Secretary shall, within 60 days after receiving each
report under paragraph (1), submit to the Congress a copy of
the report, together with any comments concerning the report
that the Secretary considers appropriate.
(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers
appropriate.
(4) The Secretary shall submit with each annual report
submitted to the Congress pursuant to section 529 of this title
a summary of all reports and recommendations of the Committee
submitted to the Secretary since the previous annual report of
the Secretary submitted to the Congress pursuant to that
section.
Sec. 542. Advisory Committee on Women Veterans
(a)(1) The Secretary shall establish an advisory committee to
be known as the Advisory Committee on Women Veterans
(hereinafter in this section referred to as ``the Committee'').
(2)(A) The Committee shall consist of members appointed by
the Secretary from the general public, including--
(i) representatives of women veterans;
(ii) individuals who are recognized authorities in
fields pertinent to the needs of women veterans,
including the gender-specific health-care needs of
women;
(iii) representatives of both female and male
veterans with service-connected disabilities, including
at least one female veteran with a service-connected
disability and at least one male veteran with a
service-connected disability; and
(iv) women veterans who are recently separated from
service in the Armed Forces.
(B) The Committee shall include, as ex officio members--
(i) the Secretary of Labor (or a representative of
the Secretary of Labor designated by the Secretary
after consultation with the Assistant Secretary of
Labor for Veterans' Employment);
(ii) the Secretary of Defense (or a representative of
the Secretary of Defense designated by the Secretary of
Defense after consultation with the Defense Advisory
Committee on Women in the Services); and
(iii) the Under Secretary for [Health and the Under
Secretary for Benefits] Health, the Under Secretary for
Benefits, and the Under Secretary for Veterans Economic
Opportunity and Transition, or their designees.
(C) The Secretary may invite representatives of other
departments and agencies of the United States to participate in
the meetings and other activities of the Committee.
(3) The Secretary shall determine the number, terms of
service, and pay and allowances of members of the Committee
appointed by the Secretary, except that a term of service of
any such member may not exceed three years. The Secretary may
reappoint any such member for additional terms of service.
(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the
administration of benefits by the Department for women
veterans, reports and studies pertaining to women veterans and
the needs of women veterans with respect to compensation,
health care, rehabilitation, outreach, and other benefits and
programs administered by the Department, including the Center
for Women Veterans.
(c)(1) Not later than July 1 of each even-numbered year, the
Committee shall submit to the Secretary a report on the
programs and activities of the Department that pertain to women
veterans. Each such report shall include--
(A) an assessment of the needs of women veterans with
respect to compensation, health care, rehabilitation,
outreach, and other benefits and programs administered
by the Department;
(B) a review of the programs and activities of the
Department designed to meet such needs; and
(C) such recommendations (including recommendations
for administrative and legislative action) as the
Committee considers appropriate.
(2) The Secretary shall, within 60 days after receiving each
report under paragraph (1), submit to the Congress a copy of
the report, together with any comments concerning the report
that the Secretary considers appropriate.
(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers
appropriate.
(4) The Secretary shall submit with each annual report
submitted to the Congress pursuant to section 529 of this title
a summary of all reports and recommendations of the Committee
submitted to the Secretary since the previous annual report of
the Secretary submitted pursuant to such section.
* * * * * * *
Sec. 544. Advisory Committee on Minority Veterans
(a)(1) The Secretary shall establish an advisory committee to
be known as the Advisory Committee on Minority Veterans
(hereinafter in this section referred to as ``the Committee'').
(2)(A) The Committee shall consist of members appointed by
the Secretary from the general public, including--
(i) representatives of veterans who are minority
group members;
(ii) individuals who are recognized authorities in
fields pertinent to the needs of veterans who are
minority group members;
(iii) veterans who are minority group members and who
have experience in a military theater of operations;
(iv) veterans who are minority group members and who
do not have such experience; and
(v) women veterans who are minority group members and
are recently separated from service in the Armed
Forces.
(B) The Committee shall include, as ex officio members, the
following:
(i) The Secretary of Labor (or a representative of
the Secretary of Labor designated by the Secretary
after consultation with the Assistant Secretary of
Labor for Veterans' Employment).
(ii) The Secretary of Defense (or a representative of
the Secretary of Defense designated by the Secretary of
Defense).
(iii) The Secretary of the Interior (or a
representative of the Secretary of the Interior
designated by the Secretary of the Interior).
(iv) The Secretary of Commerce (or a representative
of the Secretary of Commerce designated by the
Secretary of Commerce).
(v) The Secretary of Health and Human Services (or a
representative of the Secretary of Health and Human
Services designated by the Secretary of Health and
Human Services).
(vi) The Under Secretary for [Health and the Under
Secretary for Benefits] Health, the Under Secretary for
Benefits, and the Under Secretary for Veterans Economic
Opportunity and Transition, or their designees.
(C) The Secretary may invite representatives of other
departments and agencies of the United States to participate in
the meetings and other activities of the Committee.
(3) The Secretary shall determine the number, terms of
service, and pay and allowances of members of the Committee
appointed by the Secretary, except that a term of service of
any such member may not exceed three years. The Secretary may
reappoint any such member for additional terms of service.
(4) The Committee shall meet as often as the Secretary
considers necessary or appropriate, but not less often than
twice each fiscal year.
(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the
administration of benefits by the Department for veterans who
are minority group members, reports and studies pertaining to
such veterans and the needs of such veterans with respect to
compensation, health care, rehabilitation, outreach, and other
benefits and programs administered by the Department, including
the Center for Minority Veterans.
(c)(1) Not later than July 1 of every other year, the
Committee shall submit to the Secretary a report on the
programs and activities of the Department that pertain to
veterans who are minority group members. Each such report shall
include--
(A) an assessment of the needs of veterans who are
minority group members with respect to compensation,
health care, rehabilitation, outreach, and other
benefits and programs administered by the Department;
(B) a review of the programs and activities of the
Department designed to meet such needs; and
(C) such recommendations (including recommendations
for administrative and legislative action) as the
Committee considers appropriate.
(2) The Secretary shall, within 60 days after receiving each
report under paragraph (1), submit to Congress a copy of the
report, together with any comments concerning the report that
the Secretary considers appropriate.
(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers
appropriate.
(4) The Secretary shall submit with each annual report
submitted to the Congress pursuant to section 529 of this title
a summary of all reports and recommendations of the Committee
submitted to the Secretary since the previous annual report of
the Secretary submitted pursuant to such section.
(d) In this section, the term ``minority group member'' means
an individual who is--
(1) Asian American;
(2) Black;
(3) Hispanic;
(4) Native American (including American Indian,
Alaskan Native, and Native Hawaiian); or
(5) Pacific-Islander American.
(e) The Committee shall cease to exist September 30, 2022.
* * * * * * *
CHAPTER 7--EMPLOYEES
* * * * * * *
SUBCHAPTER I--GENERAL EMPLOYEE MATTERS
* * * * * * *
Sec. 709. Employment restrictions
(a)(1) Notwithstanding section 3134(d) of title 5, the number
of Senior Executive Service positions in the Department which
are filled by noncareer appointees in any fiscal year may not
at any time exceed 5 percent of the average number of senior
executives employed in Senior Executive Service positions in
the Department during the preceding fiscal year.
(2) For purposes of this subsection, the average number of
senior executives employed in Senior Executive Service
positions in the Department during a fiscal year shall be equal
to 25 percent of the sum of the total number of senior
executives employed in Senior Executive Service positions in
the Department on the last day of each quarter of such fiscal
year.
(b) The number of positions in the Department which may be
excepted from the competitive service, on a temporary or
permanent basis, because of their confidential or policy-
determining character may not at any time exceed the equivalent
of 15 positions.
(c)(1) Political affiliation or activity may not be taken
into account in connection with the appointment of any person
to any position in or to perform any service for the Department
or in the assignment or advancement of any employee in the
Department.
(2) Paragraph (1) shall not apply--
(A) to the appointment of any person by the President
under this title, other than the appointment of the
Under Secretary for Health, the Under Secretary for
Benefits, the Under Secretary for Veterans Economic
Opportunity and Transition, and the Inspector General;
or
(B) to the appointment of any person to (i) a Senior
Executive Service position as a noncareer appointee, or
(ii) a position that is excepted from the competitive
service, on a temporary or permanent basis, because of
the confidential or policy-determining character of the
position.
* * * * * * *
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
Chap Sec.
Board of Veterans' Appeals....................................7101
* * * * * * *
8001Veterans Economic Opportunity and Transition Administration.......
* * * * * * *
CHAPTER 77--VETERANS BENEFITS ADMINISTRATION
* * * * * * *
SUBCHAPTER I--ORGANIZATION; GENERAL
Sec. 7701. Organization of the Administration
(a) There is in the Department of Veterans Affairs a Veterans
Benefits Administration. The primary function of the Veterans
Benefits Administration is the administration of nonmedical
benefits programs of the Department which provide assistance,
other than assistance related to Economic Opportunity and
Transition, to veterans and their dependents and survivors.
(b) The Veterans Benefits Administration is under the Under
Secretary for Benefits, who is directly responsible to the
Secretary for the operations of the Administration. The Under
Secretary for Benefits may be referred to as the Chief Benefits
Director.
Sec. 7703. Functions of the Administration
The Veterans Benefits Administration is responsible for the
administration of the following programs of the Department:
(1) Compensation and pension programs.
[(2) Vocational rehabilitation and educational
assistance programs.
[(3) Veterans' housing loan programs.]
[(4)] (2) Veterans' and servicemembers' life
insurance programs.
[(5)] (3) Outreach programs and other veterans'
services programs.
* * * * * * *
CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION
Sec.
8001. Organization of Administration.
8002. Functions of Administration.
8003. Annual report to Congress.
Sec. 8001. Organization of Administration
(a) Veterans Economic Opportunity and Transition
Administration.--There is in the Department of Veterans Affairs
a Veterans Economic Opportunity and Transition Administration.
The primary function of the Veterans Economic Opportunity and
Transition Administration is the administration of the programs
of the Department that provide assistance related to economic
opportunity to veterans and their dependents and survivors.
(b) Under Secretary for Economic Opportunity and
Transition.--The Veterans Economic Opportunity 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.
Sec. 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 programs.
(4) The verification of small businesses owned and
controlled by veterans pursuant to subsection (f) of
section 8127 of this title, including the
administration 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.
Sec. 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 report:
(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 determined
by the Secretary).
(5) The number of full-time equivalent employees.
(6) The amounts expended for information technology.
* * * * * * *
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