§ 308. — Assistant Secretaries; Deputy Assistant Secretaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC308]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec. 308. Assistant Secretaries; Deputy Assistant Secretaries
(a) There shall be in the Department not more than seven Assistant
Secretaries. Each Assistant Secretary shall be appointed by the
President, by and with the advice and consent of the Senate.
(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.
(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.
(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; or
(C) to which such individual was appointed by the President.
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 381; amended
Pub. L. 107-287, Sec. 5(a)-(c), Nov. 7, 2002, 116 Stat. 2030.)
Prior Provisions
Provisions similar to those in this section were contained 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,
Sec. 3(3).
Amendments
2002--Subsec. (a). Pub. L. 107-287, Sec. 5(a), substituted ``seven''
for ``six'' in first sentence.
Subsec. (b)(11). Pub. L. 107-287, Sec. 5(b), added par. (11).
Subsec. (d)(1). Pub. L. 107-287, Sec. 5(c), substituted ``19'' for
``18''.
Section Referred to in Other Sections
This section is referred to in section 4102A of this title.
