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38 U.S.C. § 308 — Assistant Secretaries; Deputy Assistant Secretaries

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 308 — Assistant Secretaries; Deputy Assistant Secretaries

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Stable record: federal_law:legal_authorities:record_usc_cd813f4a69a657780c3f2137
Source file: Laws/federal/codes/united-states-code/title-38/section-308-assistant-secretaries-deputy-assistant-secretaries--24e07cbecc.md
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Source location: Title 38, Chapter 3, § 308; chapter-003-department-of-veterans-affairs.md

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**(a)** (1) There shall be in the Department not more than seven Assistant Secretaries. (2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate. (3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate: (A) The Assistant Secretary for Management. (B) The Assistant Secretary for Human Resources and Administration. (C) The Assistant Secretary for Public and Intergovernmental Affairs. (D) The Assistant Secretary for Operations, Security, and Preparedness. **(b)** The Secretary shall assign to the Assistant Secretaries responsibility for the administration of such functions and duties as the Secretary considers appropriate, including the following functions: (1) Budgetary and financial functions. (2) Personnel management and labor relations functions. (3) Planning, studies, and evaluations. (4) Management, productivity, and logistic support functions. (5) Information management functions as required by [section 3506 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3506&num=0&edition=prelim). (6) Capital facilities and real property program functions. (7) Equal opportunity functions. (8) Functions regarding the investigation of complaints of employment discrimination within the Department. (9) Functions regarding intergovernmental, public, and consumer information and affairs. (10) Procurement functions. (11) Operations, preparedness, security, and law enforcement functions. (12) The functions set forth in [section 323(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section323/c&num=0&edition=prelim). **(c)** Whenever the President nominates an individual for appointment as an Assistant Secretary, the President shall include in the communication to the Senate of the nomination a statement of the particular functions of the Department specified in subsection (b), and any other functions of the Department, the individual will exercise upon taking office. **(d)** (1) There shall be in the Department such number of Deputy Assistant Secretaries, not exceeding 19, as the Secretary may determine. Each Deputy Assistant Secretary shall be appointed by the Secretary and shall perform such functions as the Secretary prescribes. (2) At least two-thirds of the number of positions established and filled under paragraph (1) shall be filled by individuals who have at least five years of continuous service in the Federal civil service in the executive branch immediately preceding their appointment as a Deputy Assistant Secretary. For purposes of determining such continuous service of an individual, there shall be excluded any service by such individual in a position— (A) of a confidential, policy-determining, policy-making, or policy-advocating character; (B) in which such individual served as a noncareer appointee in the Senior Executive Service, as such term is defined in [section 3132(a)(7) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/7&num=0&edition=prelim); or (C) to which such individual was appointed by the President.

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3506 — Federal agency responsibilities

**(a)** (1) The head of each agency shall be responsible for— (A) carrying out the agency’s information resources management activities to improve agency productivity, efficiency, and effectiveness; and (B) complying with the requirements of this subchapter and related policies established by the Director. (2) (A) Except as provided under subparagraph (B), the head of each agency shall designate a Chief Information Officer who shall report directly to such agency head to carry out the responsibilities of the agency under this subchapter. (B) The Secretary of the Department of Defense and the Secretary of each military department may each designate Chief Information Officers who shall report directly to such Secretary to carry out the responsibilities of the department under this subchapter. If more than one Chief Information Officer is designated, the respective duties of the Chief Information Officers shall be clearly delineated. (3) The Chief Information Officer designated under paragraph (2) shall head an office responsible for ensuring agency compliance with and prompt, efficient, and effective implementation of the information policies and information resources management responsibilities established under this subchapter, including the reduction of information collection burdens on the public. The Chief Information Officer and employees of such office shall be selected with special attention to the professional qualifications required to administer the functions described under this subchapter. (4) Each agency program official shall be responsible and accountable for information resources assigned to and supporting the programs under such official. In consultation with the Chief Information Officer designated under paragraph (2) and the agency Chie

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 113 — Use of appropriated funds

Notwithstanding any other provision of this chapter, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this chapter to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 308 — Assistant Secretaries; Deputy Assistant

Page 63 TITLE 38—VETERANS’ BENEFITS § 309 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3(d) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3). AMENDMENTS 1998—Pub. L. 105–368, § 403(c)(1)(A), substituted ‘‘Under Secretary for Memorial Affairs’’ for ‘‘Director of the National Cemetery System’’ in section catchline. Pub. L. 105–368, § 403(a)(3), in first sentence, sub- stituted ‘‘an Under Secretary for Memorial Affairs’’ for ‘‘a Director of the National Cemetery System’’ and, in second sentence, substituted ‘‘The Under Secretary is the head of the National Cemetery Administration’’ for ‘‘The Director is the head of the National Cemetery System’’. § 308. Assistant Secretaries; Deputy Assistant Secretaries (a)(1) There shall be in the Department not more than seven Assistant Secretaries. (2) Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate. (3) The following Assistant Secretaries may be appointed without the advice and consent of the Senate: (A) The Assistant Secretary for Manage- ment. (B) The Assistant Secretary for Human Re- sources and Administration. (C) The Assistant Secretary for Public and Intergovernmental Affairs. (D) The Assistant Secretary for Operations, Security, and Preparedness. (b) The Secretary shall assign to the Assistant Secretaries responsibility for the administration of such functions and duties as the Secretary considers appropriate, including the following functions: (1) Budgetary and financial functions. (2) Personnel management and labor rela- tions functions. (3)

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