38 U.S.C. § 305 — Under Secretary for Health

Page 61 TITLE 38—VETERANS’ BENEFITS § 305 § 304. Deputy Secretary of Veterans Affairs There is in the Department a Deputy Sec- retary of Veterans Affairs, who is appointed by the President, by and with the advice and con- sent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates an- other officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the of- fice of Secretary. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 210(d) of this title and in section 3(a) of Pub. L. 100–527, known as the Department of Vet- erans Affairs Act, prior to repeal by Pub. L. 102–83, §§ 2(a), 3(3). Executive Documents ORDER OF SUCCESSION For order of succession during any period when both Secretary and Deputy Secretary of Veterans Affairs are unable to perform functions and duties of office of Sec- retary, see Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, listed in a table under section 3345 of Title 5, Govern- ment Organization and Employees. § 305. Under Secretary for Health (a)(1) There is in the Department an Under Secretary for Health, who is appointed by the President, by and with the advice and consent of the Senate. (2) The Under Secretary for Health shall be ap- pointed without regard to political affiliation or activity and solely— (A) on the basis of demonstrated ability in the medical profession, in health-care admin- istration and policy formulation, or in health- care fiscal management; and (B) on the basis of substantial experience in connection with the programs of the Veterans Health Administration or programs of similar content and scope. (b) The Under Secretary for Health is the head of, and is directly responsible to the Secretary for the operation of, the Veterans Health Ad- ministration. (c)(1) Whenever a vacancy in the position of Under Secretary for Health occurs or is antici- pated, the Secretary shall establish a commis- sion to recommend individuals to the President for appointment to the position. (2) A commission established under this sub- section shall be composed of the following mem- bers appointed by the Secretary: (A) Three persons representing clinical care and medical research and education activities affected by the Veterans Health Administra- tion. (B) Two persons representing veterans served by the Veterans Health Administration. (C) Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope. (D) The Deputy Secretary of Veterans Af- fairs. (E) The Chairman of the Special Medical Ad- visory Group established under section 7312 of this title. (F) One person who has held the position of Under Secretary for Health (including service as Chief Medical Director of the Veterans’ Ad- ministration), if the Secretary determines that it is desirable for such person to be a member of the commission. (3) A commission established under this sub- section shall recommend at least three individ- uals for appointment to the position of Under Secretary for Health. The commission shall sub- mit 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 ad- ditional individuals for appointment. (4) The Assistant Secretary or Deputy Assist- ant Secretary of Veterans Affairs who performs personnel management and labor relations func- tions shall serve as the executive secretary of a commission established under this subsection. (Added and amended Pub. L. 102–83, §§ 2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 379, 404; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(c)(1), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 108–422, title V, § 503, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109–461, title II, § 210(a), Dec. 22, 2006, 120 Stat. 3418.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3(b) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3). AMENDMENTS 2006—Subsecs. (c), (d). Pub. L. 109–461 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: ‘‘The Under Secretary for Health shall be appointed for a period of four years, with re- appointment permissible for successive like periods. If the President removes the Under Secretary for Health before the completion of the term for which the Under Secretary for Health was appointed, the President shall communicate the reasons for the removal to Congress.’’ 2004—Subsec. (a)(2). Pub. L. 108–422, § 503(1), struck out ‘‘shall be a doctor of medicine and’’ after ‘‘The Under Secretary for Health’’ in introductory provi- sions. Subsec. (a)(2)(A). Pub. L. 108–422, § 503(2), substituted ‘‘or in health-care’’ for ‘‘and in health-care’’. 1994—Subsec. (a)(1). Pub. L. 103–446, § 1201(c)(1)(A), substituted ‘‘an Under Secretary’’ for ‘‘a Under Sec- retary’’. Subsec. (d)(2)(F). Pub. L. 103–446, § 1201(c)(1)(B), (e)(2), substituted ‘‘Chief Medical Director of the Veterans’ Administration)’’ for ‘‘Under Secretary for Health of the Department)’’ and ‘‘commission’’ for ‘‘Commis- sion’’. 1992—Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Director’’ wherever appear- ing. 1991—Subsec. (d)(2)(F). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administra- tion’’. Page 62 TITLE 38—VETERANS’ BENEFITS § 306 Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 102–405, title III, § 302(a), Oct. 9, 1992, 106 Stat. 1984, provided that: ‘‘The position of Chief Medical Di- rector of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Health of the De- partment of Veterans Affairs.’’ Pub. L. 102–405, title III, § 302(e), Oct. 9, 1992, 106 Stat. 1985, provided that: ‘‘Any reference in any Federal law, Executive order, rule, regulation, or delegation of au- thority, or any document of or pertaining to the De- partment of Veterans Affairs— ‘‘(1) to the Chief Medical Director of the Depart- ment of Veterans Affairs shall be deemed to refer to the Under Secretary for Health of the Department of Veterans Affairs; and ‘‘(2) to the Chief Benefits Director of the Depart- ment of Veterans Affairs shall be deemed to refer to the Under Secretary for Benefits of the Department of Veterans Affairs.’’ § 306. Under Secretary for Benefits (a) There is in the Department an Under Sec- retary 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 af- filiation 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 pro- grams of similar content and scope. (b) The Under Secretary for Benefits is the head of, and is directly responsible to the Sec- retary for the operations of, the Veterans Bene- fits Administration. (c)(1) Whenever a vacancy in the position of Under Secretary for Benefits occurs or is antici- pated, the Secretary shall establish a commis- sion to recommend individuals to the President for appointment to the position. (2) A commission established under this sub- section shall be composed of the following mem- bers 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) Two persons representing veterans served by the Veterans Benefits Administra- tion. (C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope. (D) The Deputy Secretary of Veterans Af- fairs. (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 Benefits (including serv- ice 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 sub- section shall recommend at least three individ- uals for appointment to the position of Under Secretary for Benefits. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommenda- tions to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to rec- ommend additional individuals for appointment. (4) The Assistant Secretary or Deputy Assist- ant Secretary of Veterans Affairs who performs personnel management and labor relations func- tions shall serve as the executive secretary of a commission established under this subsection. (Added and amended Pub. L. 102–83, §§ 2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 380, 404; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 109–461, title II, § 210(b), Dec. 22, 2006, 120 Stat. 3418.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3(c) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3). AMENDMENTS 2006—Subsecs. (c), (d). Pub. L. 109–461 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: ‘‘The Under Secretary for Bene- fits shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Bene- fits before the completion of the term for which the Under Secretary for Benefits was appointed, the Presi- dent shall communicate the reasons for the removal to Congress.’’ 1994—Subsec. (a). Pub. L. 103–446, § 1201(c)(2)(A), sub- stituted ‘‘an Under Secretary’’ for ‘‘a Under Sec- retary’’. Subsec. (d)(2)(F). Pub. L. 103–446, § 1201(c)(2)(B), (e)(2), substituted ‘‘Chief Benefits Director of the Veterans’ Administration)’’ for ‘‘Under Secretary for Benefits of the Department)’’ and ‘‘commission’’ for ‘‘Commis- sion’’. 1992—Pub. L. 102–405 substituted ‘‘Under Secretary for Benefits’’ for ‘‘Chief Benefits Director’’ wherever ap- pearing. 1991—Subsec. (d)(2)(F). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administra- tion’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 102–405, title III, § 302(b), Oct. 9, 1992, 106 Stat. 1984, provided that: ‘‘The position of Chief Benefits Di- rector of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Benefits of the De- partment of Veterans Affairs.’’ § 307. Under Secretary for Memorial Affairs There is in the Department an Under Sec- retary for Memorial Affairs, who is appointed by the President, by and with the advice and con- sent of the Senate. The Under Secretary is the head of the National Cemetery Administration as established in section 2400 of this title and shall perform such functions as may be assigned by the Secretary. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 105–368, title IV, § 403(a)(3), (c)(1)(A), Nov. 11, 1998, 112 Stat. 3338.)