Title 38 — Veterans’ Benefits
Part I · Chapter 3 — Department of Veterans Affairs
§ 305. Under Secretary for Health
Statutory text
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.
The Under Secretary for Health shall be appointed without regard to political affiliation or activity and solely—
on the basis of demonstrated ability in the medical profession, in health-care administration and policy formulation, or in health-care fiscal management; and
on the basis of substantial experience in connection with the programs of the Veterans Health Administration or programs of similar content and scope.
The Under Secretary for Health is the head of, and is directly responsible to the Secretary for the operation of, the Veterans Health Administration.
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.
A commission established under this subsection shall be composed of the following members appointed by the Secretary:
Three persons representing clinical care and medical research and education activities affected by the Veterans Health Administration.
Two persons representing veterans served by the Veterans Health Administration.
Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope.
The Deputy Secretary of Veterans Affairs.
The Chairman of the Special Medical Advisory Group established under section 7312 of this title.
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 102–83 · 105 Stat. 378
Enacted · 38 U.S.C. § 305
Added and amended Pub. L. 102–83, §§ 2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 379, 404
Source evidence
Code source credit
Added and amended Pub. L. 102–83, §§ 2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 379, 404Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 305(d)(2)(F)
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”
Source evidence
Code amendment note
Subsec. (d)(2)(F). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.Enacted provision · exact public law section
(3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.Veterans’ Medical Programs Amendments of 1992
Pub. L. 102–405 title III § 302(c)(1) · 106 Stat. 1972
Substituted · 38 U.S.C. § 305
Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing
Source evidence
Code amendment note
Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing.Enacted provision · exact public law section
(1) Title 38, United States Code, is amended by striking out “Chief Medical Director” and “Chief Benefits Director” each place they appear (including in headings and tables but not including the sentences added by paragraphs (2) and (3)) and inserting in lieu thereof “Under Secretary for Health” and “Under Secretary for Benefits”, respectively.Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 § 1201(c)(1)(A) · 108 Stat. 4645
Substituted · 38 U.S.C. § 305(a)(1)
Pub. L. 103–446, § 1201(c)(1)(A), substituted “an Under Secretary” for “a Under Secretary”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 103–446, § 1201(c)(1)(A), substituted “an Under Secretary” for “a Under Secretary”.Enacted provision · exact public law section
(A) in subsection (a)(l), by striking out “a Under Secretary” and inserting in lieu thereof “an Under Secretary”; andVeterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 § 1201(c)(1)(B) · 108 Stat. 4645
Substituted · 38 U.S.C. § 305(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)”
Substituted · 38 U.S.C. § 305(d)(2)(F)
Pub. L. 103–446, § 1201(c)(1)(B), (e)(2), substituted “commission” for “Commission”
Source evidence
Code amendment note
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 “Commission”.Enacted provision · exact public law section
(B) in subsection (d)(2)(F), by striking out “Under Secretary” the second place it appears and all that follows through the closing parenthesis and inserting in lieu thereof “Chief Medical Director of the Veterans’ Administration)”.Veterans Health Programs Improvement Act of 2004
Pub. L. 108–422 § 503(1) · 118 Stat. 2379
Struck · 38 U.S.C. § 305(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 provisions
Source evidence
Code amendment note
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 provisions.Enacted provision · exact public law section
(1) in the matter preceding subparagraph (A), by striking “shall be a doctor of medicine and”; andVeterans Health Programs Improvement Act of 2004
Pub. L. 108–422 § 503(2) · 118 Stat. 2379
Substituted · 38 U.S.C. § 305(a)(2)(A)
Pub. L. 108–422, § 503(2), substituted “or in health-care” for “and in health-care”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 108–422, § 503(2), substituted “or in health-care” for “and in health-care”.Enacted provision · exact public law section
(2) in subparagraph (A), by striking “and in health-care” and inserting “or in health-care”.Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 title II § 210(a) · 120 Stat. 3403
Redesignated · 38 U.S.C. § 305(c); 38 U.S.C. § 305(d)
Pub. L. 109–461 redesignated subsec. (d) as (c)
Struck · 38 U.S.C. § 305(c); 38 U.S.C. § 305(d)
Pub. L. 109–461 struck out former subsec. (c) which read as follows: “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.”
Source evidence
Code amendment note
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 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.”Enacted provision · exact public law section
(a) Under Secretary for Health.— (1) In general.— Section 305 38 USC 305. is amended by striking subsection (c). (2) Conforming amendment.— Subsection (d) of such section is redesignated as subsection (c).
9 of 10 references resolved to an enrolled provision · 1 partial
Editorial Notes
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, § 3(3).
Amendments1991–2006 · 5 rounds
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 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.”
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 provisions.
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 Secretary”.
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 “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, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 102–405, title III, § 302(a), , 106 Stat. 1984, 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.”
Pub. L. 102–405, title III, § 302(e), , 106 Stat. 1985, 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.”
Credits
1991–2006 · 5 acts
- 1991Added and amended Pub. L. 102–83, §§ 2(a), 4(a)(3), (4), , 105 Stat. 379, 404
- 1992Pub. L. 102–405, title III, § 302(c)(1), , 106 Stat. 1984
- 1994Pub. L. 103–446, title XII, § 1201(c)(1), (e)(2), , 108 Stat. 4683, 4685
- 2004Pub. L. 108–422, title V, § 503, , 118 Stat. 2396
- 2006Pub. L. 109–461, title II, § 210(a), , 120 Stat. 3418.
Show as published
(Added and amended Pub. L. 102–83, §§ 2(a), 4(a)(3), (4), , 105 Stat. 379, 404; Pub. L. 102–405, title III, § 302(c)(1), , 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(c)(1), (e)(2), , 108 Stat. 4683, 4685; Pub. L. 108–422, title V, § 503, , 118 Stat. 2396; Pub. L. 109–461, title II, § 210(a), , 120 Stat. 3418.)