[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5693 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 5693
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2018
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to enter into contracts and agreements for the
placement of veterans in non-Department medical foster homes for
certain veterans who are unable to live independently, to establish the
Veterans Economic Opportunity and Transition Administration and the
Under Secretary for Veterans Economic Opportunity and Transition of the
Department of Veterans Affairs, to amend the interest rate for certain
loans guaranteed under the home loan program of the Department of
Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Veterans Choice
Act''.
SEC. 2. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR PLACEMENT
OF VETERANS IN NON-DEPARTMENT MEDICAL FOSTER HOMES.
(a) Authority.--Section 1720 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) During the three-year period beginning on October 1, 2019,
and subject to paragraph (2), at the request of a veteran for whom the
Secretary is required to provide nursing home care under section 1710A
of this title, the Secretary may place the veteran in a medical foster
home that meets Department standards, at the expense of the United
States, pursuant to a contract, agreement, or other arrangement entered
into between the Secretary and the medical foster home for such
purpose. A veteran who is placed in a medical foster home under this
subsection shall agree, as a condition of such placement, to accept
home health services furnished by the Secretary under section 1717 of
this title.
``(2) In any year, not more than a daily average of 900 veterans
placed in a medical foster home, whether placed before or after the
date of the enactment of this subsection, may have their care covered
at the expense of the United States under subsection (a).
``(3) In this subsection, the term `medical foster home' means a
home designed to provide non-institutional, long-term, supportive care
for veterans who are unable to live independently and prefer a family
setting.''.
(b) Effective Date.--Subsection (h) of title 38, United States
Code, as added by subsection (a), shall take effect on October 1, 2019.
SEC. 3. 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
``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, 2019.
(c) Full-Time Employees.--For fiscal years 2019 and 2020, the total
number of full-time equivalent employees 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 23,692.
SEC. 4. 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, 2019.
SEC. 5. LOANS GUARANTEED UNDER HOME LOAN PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
Section 3729(b)(2)(E) of such title is amended to read as follows:
------------------------------------------------------------------------
Active duty Other
``Type of loan veteran Reservist obligor
------------------------------------------------------------------------
(E)(i) Interest rate reduction 0.50 0.50 NA
refinancing loan (closed
before January 1, 2019)......
(E)(ii) Interest rate 0.75 0.75 NA
reduction refinancing loan
(closed on or after January
1, 2019, but before March 1,
2025)........................
(E)(iii) Interest rate 0.50 0.50 NA''.
reduction refinancing loan
(closed on or after March 1,
2025)........................
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Passed the House of Representatives July 25, 2018.
Attest:
KAREN L. HAAS,
Clerk.