Sec. 4. Transfer of Department of Labor veterans programs to Department of Veterans Affairs
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Effective October 1, 2016, there shall be transferred to the Secretary of Veterans Affairs all functions performed under the following programs of the Department of Labor, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs: Job counseling, training, and placement services for veterans under chapter 41 of title 38, United States Code. Employment and training of veterans under chapter 42 of such title. Administration of employment and employment rights of members of the uniformed services under chapter 43 of such title.
Homeless veterans reintegration programs under chapter 20 of such title. The programs, and the personnel, assets, and liabilities pertaining to such programs, transferred to the Secretary under paragraph
(1)shall be administered as part of the Veterans Economic Opportunity and Transition Administration established by section 8001 of title 38, United States Code, as added by section 3. Under section 1105 of title 31, United States Code, the President shall include in the President’s budget request for the Department of Veterans Affairs for fiscal year 2017, and for each subsequent fiscal year, funding requested for the functions referred to in subsection (a)(1). Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this section— to the head of such department or office is deemed to refer to the head of the department or office to which such function is transferred; or to such department or office is deemed to refer to the department or office to which such function is transferred. Except as otherwise provided by law, a Federal official to whom a function is transferred by this section may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this section. All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Labor, the Secretary of Veterans Affairs, any officer or employee of any office transferred by this section, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this section, and 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 revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. This section shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this section before an office transferred by this section, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification 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 section had not been enacted. This section shall not affect suits commenced before the date of the enactment of this section, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. No suit, action, 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 capacity of such individual as an officer or employee of an office transferred by this section, shall abate by reason of the enactment of this section. If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this section such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. Except as otherwise provided by this section, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this section 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 section. Except as otherwise provided in this section, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, 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 section shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. Except as otherwise expressly prohibited by law or otherwise provided in this section, an official to whom functions are transferred under this section (including the head of any office to which functions are transferred under this section) 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 section shall relieve the official to whom a function is transferred under this section of responsibility for the administration of the function. If necessary, the Director of Management and Budget shall make any determination of the functions that are transferred under this section. 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 section, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section. The Director shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section. For purposes of this section, the vesting of a function in a department or office pursuant to reestablishment of an office shall be considered to be the transfer of the function. Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this section shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Labor shall— enter into a memorandum of understanding to carry out this section, which shall include— a description of how the Department of Veterans Affairs will coordinate with the Employment and Training Agency at the Department of Labor to ensure coordination and avoid duplication among activities authorized the Workforce Innovation and Opportunity Act ( Public Law 113–128 ) and the activities referred to in paragraph (1)(A) through (D); and a description of how the Department of Veterans Affairs will share the performance accountability measures required under subsection (l)(1) with the Employment and Training Agency of the Department of Labor; and jointly submit to the Committees on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives and the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate a copy of such memorandum. The Secretary of Veterans Affairs shall establish performance accountability measures for the activities carried out pursuant to the programs referred to in paragraph (1)(A) through (D), which shall meet or exceed the requirements of section 116(b) of the Workforce Innovation and Opportunity Act ( Public Law 113–128 ; 29 U.S.C. 3141 ). The Secretary shall ensure that each State develops and submits to the Secretary a combined State plan that meets or exceeds the requirements under section 103 of the Workforce Innovation and Opportunity Act ( Public Law 113–128 ; 29 U.S.C. 3113 ) for activities authorized under chapter 41 of title 38, United States Code. For purposes of this section— the term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and the term office includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.
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Sec. 4
Transfer of Department of Labor veterans programs to Department of Veterans Affairs
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