§6992 National Appeals Division and Director

Summary

Creates an independent National Appeals Division inside the Department. The Secretary must put a Director in charge. The Director must have a lot of experience in administrative law. The Secretary can choose people who work in or outside government. The Director serves a 6-year term and can be reappointed. The Director can only be removed for cause under the law. The Director’s job cannot be an excepted service or a noncareer appointment. The Director answers only to the Secretary or the Deputy Secretary. The Division gets administrative help only from the Office of the Secretary unless that help is paid for. The Secretary cannot give Division authority to other Department employees, except the Deputy Secretary or the Director. The Assistant Secretary for Administration can handle hiring and service rules for the Division and may delegate that work. If an agency says a decision cannot be appealed but someone protests, the Director decides if the decision is against that person and can be appealed or if it applies to everyone and cannot be appealed. That decision is final within the agency. The Director suggests hearing officers to the Secretary and hires other staff needed to run the Division. Division staff must only do Division work and may not be political appointees. A “political appointee” here means someone in positions under 5 U.S.C. 5312–5316, a noncareer Senior Executive Service post under 5 U.S.C. 3132(a)(7), a Schedule C job under 5 CFR part 213 subpart C, or another excepted position because of confidential or policy-making duties.