38 U.S.C. § 305 — Under Secretary for Health

(a)(1) The Department has an Under Secretary for Health, appointed by the President with the Senate's approval. (2) This person must be chosen without regard to political party or activity, based solely on (A) proven ability in medicine, health-care administration and policy, or health-care finance, and (B) substantial experience with Veterans Health Administration programs or similar ones. (b) The Under Secretary for Health runs the Veterans Health Administration and answers directly to the Secretary for how it operates. (c)(1) Whenever the Under Secretary for Health job is vacant or about to be, the Secretary must set up a commission to recommend candidates to the President. (2) That commission is made up of people the Secretary appoints: (A) three people representing clinical care, medical research, and education affected by the Veterans Health Administration; (B) two people representing veterans the Administration serves; (C) two people experienced in managing veterans' health services or research programs, or similar programs; (D) the Deputy Secretary of Veterans Affairs; (E) the Chairman of the Special Medical Advisory Group under section 7312; and (F) one former Under Secretary for Health (including a former Chief Medical Director of the old Veterans' Administration), if the Secretary thinks that person should serve. (3) The commission must recommend at least three candidates, sending its recommendations to the Secretary, who forwards them to the President along with any comments. The President can then ask the commission for more recommended candidates. (4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who handles personnel management and labor relations serves as the commission's executive secretary.