§ 305. — Under Secretary for Health.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC305]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec. 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 a doctor of medicine and
shall be appointed without regard to political affiliation or activity
and solely--
(A) on the basis of demonstrated ability in the medical
profession, in health-care administration and policy formulation,
and 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
Administration.
(c) The Under Secretary for Health shall be appointed for a period
of four years, with reappointment 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.
(d)(1) Whenever a vacancy in the position of Under Secretary for
Health 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 clinical care and medical
research and education activities affected by the Veterans Health
Administration.
(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 Affairs.
(E) The Chairman of the Special Medical Advisory 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'
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 subsection shall recommend
at least three individuals for appointment to the position of Under
Secretary for Health. The commission shall submit 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
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.
(Added and amended Pub. L. 102-83, Secs. 2(a), 4(a)(3), (4), Aug. 6,
1991, 105 Stat. 379, 404; Pub. L. 102-405, title III, Sec. 302(c)(1),
Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title XII,
Sec. 1201(c)(1), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685.)
Prior Provisions
Provisions similar to those in this section were contained 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, Sec. 3(3).
Amendments
1994--Subsec. (a)(1). Pub. L. 103-446, Sec. 1201(c)(1)(A),
substituted ``an Under Secretary'' for ``a Under Secretary''.
Subsec. (d)(2)(F). Pub. L. 103-446, Sec. 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 ``Commission''.
1992--Pub. L. 102-405 substituted ``Under Secretary for Health'' for
``Chief Medical Director'' wherever appearing.
1991--Subsec. (d)(2)(F). Pub. L. 102-83, Sec. 4(a)(3), (4),
substituted ``Department'' for ``Veterans' Administration''.
Change of Name
Section 302(a) of Pub. L. 102-405 provided that: ``The position of
Chief Medical Director of the Department of Veterans Affairs is hereby
redesignated as Under Secretary for Health of the Department of Veterans
Affairs.''
Section 302(e) of Pub. L. 102-405 provided that: ``Any reference in
any Federal law, Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to the Department of
Veterans Affairs--
``(1) to the Chief Medical Director of the Department 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 Department of
Veterans Affairs shall be deemed to refer to the Under Secretary for
Benefits of the Department of Veterans Affairs.''
