38 U.S.C. § 307 — Under Secretary for Memorial Affairs

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.) 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) Planning, studies, and evaluations. (4) Management, productivity, and logistic support functions. (5) Information management functions as re- quired by section 3506 of title 44. (6) Capital facilities and real property pro- gram 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. (c) Whenever the President nominates an indi- vidual for appointment as an Assistant Sec- retary, the President shall include in the com- munication to the Senate of the nomination a statement of the particular functions of the De- partment specified in subsection (b), and any other functions of the Department, the indi- vidual will exercise upon taking office. (d)(1) There shall be in the Department such number of Deputy Assistant Secretaries, not ex- ceeding 19, as the Secretary may determine. Each Deputy Assistant Secretary shall be ap- pointed by the Secretary and shall perform such functions as the Secretary prescribes. (2) At least two-thirds of the number of posi- tions 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 imme- diately preceding their appointment as a Deputy Assistant Secretary. For purposes of deter- mining such continuous service of an individual, there shall be excluded any service by such indi- vidual in a position— (A) of a confidential, policy-determining, policy-making, or policy-advocating char- acter; (B) in which such individual served as a non- career appointee in the Senior Executive Serv- ice, as such term is defined in section 3132(a)(7) of title 5; or (C) to which such individual was appointed by the President. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 107–287, § 5(a)–(c), Nov. 7, 2002, 116 Stat. 2030; Pub. L. 112–166, § 2(m), Aug. 10, 2012, 126 Stat. 1287; Pub. L. 115–41, title I, § 101(b), June 23, 2017, 131 Stat. 865.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 4(a), (b), (e) and 5 of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3). AMENDMENTS 2017—Subsec. (b)(12). Pub. L. 115–41 added par. (12). 2012—Subsec. (a). Pub. L. 112–166 designated existing provisions as par. (1), struck out at end of par. (1) ‘‘Each Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.’’, and added pars. (2) and (3). 2002—Subsec. (a). Pub. L. 107–287, § 5(a), substituted ‘‘seven’’ for ‘‘six’’ in first sentence. Subsec. (b)(11). Pub. L. 107–287, § 5(b), added par. (11). Subsec. (d)(1). Pub. L. 107–287, § 5(c), substituted ‘‘19’’ for ‘‘18’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. § 309. Chief Financial Officer The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exer- cise the authority and carry out the functions specified in section 902 of title 31.