38 U.S.C. § 306 — Under Secretary for Benefits

submitted 35 years ago by Pub. L. 102-83 to r/title-38-VETERANS-BENEFITS · 363 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Department of Veterans Affairs has an Under Secretary for Benefits. The President appoints this person with Senate approval, chosen only for skill, not politics. This official runs the Veterans Benefits Administration and reports to the Secretary. A special commission recommends candidates whenever the job is open.

(a) There is an Under Secretary for Benefits. The President appoints this person, and the Senate must approve. The Secretary must pick someone based only on skill in managing money and running veterans' benefits programs -- not on politics. (b) The Under Secretary for Benefits runs the Veterans Benefits Administration and answers directly to the Secretary for how it operates. (c) (1) When the Under Secretary for Benefits job is open or about to open, the Secretary must set up a commission to suggest people for the President to appoint. (2) The Secretary picks the commission members: (A) three people from education and training, real estate, mortgage finance, and related fields, or from survivor benefits work; (B) two people who represent veterans who use the Veterans Benefits Administration; (C) two people experienced in managing veterans benefits or similar programs; (D) the Deputy Secretary of Veterans Affairs; (E) the chair of the Veterans' Advisory Committee on Education; (F) a former Under Secretary for Benefits, if the Secretary thinks that is useful. (3) The commission must recommend at least three people. It sends its recommendations to the Secretary, who forwards them to the President with any comments. The President can later ask for more names. (4) The Assistant Secretary or Deputy Assistant Secretary who handles personnel and labor relations runs the commission as its executive secretary.

the actual law source: uscode.house.gov ↗public domain

(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)

(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.

Source credit: (Added and amended Pub. L. 102–83, §§ 2(a), 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 380, 404; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 109–461, title II, § 210(b), Dec. 22, 2006, 120 Stat. 3418.)

history & why it existsrecord from the source credit

1991Enacted · Pub. L. 102-83 · 105 Stat. 380, 404
1992Amended · Pub. L. 102-405 · 106 Stat. 1984
1994Amended · Pub. L. 103-446 · 108 Stat. 4683, 4685
2006Amended · Pub. L. 109-461 · 120 Stat. 3418

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-83 on 1991-08-06.

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