Title 38Veterans' BenefitsRelease 119-73not60

§308 Assistant Secretaries; Deputy Assistant Secretaries

Title 38 › Part I— GENERAL PROVISIONS › Chapter 3— DEPARTMENT OF VETERANS AFFAIRS › § 308

Last updated Apr 5, 2026|Official source

Summary

Creates up to seven Assistant Secretaries in the Department. Most of them must be picked by the President and confirmed by the Senate. Four jobs can be filled without Senate approval: Management; Human Resources and Administration; Public and Intergovernmental Affairs; and Operations, Security, and Preparedness. The Secretary gives Assistant Secretaries the duties needed to run the Department, including things like budget and finances; hiring and labor relations; planning and reviews; management and logistics; information handling; buildings and property; equal opportunity and discrimination complaints; public and intergovernmental information; buying goods and services; and operations, security, preparedness, and law enforcement, plus other specific duties named elsewhere in the law. When the President sends a nomination to the Senate, the President must say which duties the nominee will do. The Secretary may also create up to 19 Deputy Assistant Secretary jobs and pick who fills them. At least two-thirds of filled Deputy Assistant Secretary posts must go to people who had five years of continuous federal civil service in the executive branch right before their appointment. Time in confidential or policy-making jobs, time as a noncareer Senior Executive Service appointee, or time in positions filled by the President does not count toward that five years.

Full Legal Text

Title 38, §308

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)There shall be in the Department not more than seven Assistant Secretaries.
(2)Except as provided in paragraph (3), each Assistant Secretary appointed under paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate.
(3)The following Assistant Secretaries may be appointed without the advice and consent of the Senate:
(A)The Assistant Secretary for Management.
(B)The Assistant Secretary for Human Resources and Administration.
(C)The Assistant Secretary for Public and Intergovernmental Affairs.
(D)The Assistant Secretary for Operations, Security, and Preparedness.
(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.
(12)The functions set forth in section 323(c) of this title.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 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, § 3(3).

Amendments

2017—Subsec. (b)(12). Pub. L. 115–41 added par. (12). 2012—Subsec. (a). Pub. L. 112–166 designated existing provisions as par. (1), struck out at end of par. (1) “Each Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.”, and added pars. (2) and (3). 2002—Subsec. (a). Pub. L. 107–287, § 5(a), substituted “seven” for “six” in first sentence. Subsec. (b)(11). Pub. L. 107–287, § 5(b), added par. (11). Subsec. (d)(1). Pub. L. 107–287, § 5(c), substituted “19” for “18”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that

Effective Date

, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Reference

Citations & Metadata

Citation

38 U.S.C. § 308

Title 38Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60