§ 306. — Under Secretary for Benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC306]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec. 306. Under Secretary for Benefits
(a) There is in the Department an Under Secretary 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 affiliation 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 programs of similar content and scope.
(b) The Under Secretary for Benefits is the head of, and is directly
responsible to the Secretary for the operations of, the Veterans
Benefits Administration.
(c) The Under Secretary for Benefits shall be appointed for a period
of four years, with reappointment permissible for successive like
periods. If the President removes the Under Secretary for Benefits
before the completion of the term for which the Under Secretary for
Benefits 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
Benefits 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 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 Administration.
(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 Affairs.
(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 service 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 subsection shall recommend
at least three individuals for appointment to the position of Under
Secretary for Benefits. 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. 380, 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)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685.)
Prior Provisions
Provisions similar to those in this section were contained 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, Sec. 3(3).
Amendments
1994--Subsec. (a). Pub. L. 103-446, Sec. 1201(c)(2)(A), substituted
``an Under Secretary'' for ``a Under Secretary''.
Subsec. (d)(2)(F). Pub. L. 103-446, Sec. 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 ``Commission''.
1992--Pub. L. 102-405 substituted ``Under Secretary for Benefits''
for ``Chief Benefits 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(b) of Pub. L. 102-405 provided that: ``The position of
Chief Benefits Director of the Department of Veterans Affairs is hereby
redesignated as Under Secretary for Benefits of the Department of
Veterans Affairs.''
