38 U.S. Code § 308 - Assistant Secretaries; Deputy Assistant Secretaries
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(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:
(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:
(8) Functions regarding the investigation of complaints of employment discrimination within the Department.
(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.
(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—
(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
Source(Added Pub. L. 102–83, § 2(a),Aug. 6, 1991, 105 Stat. 381; amended Pub. L. 107–287, § 5(a)–(c), Nov. 7, 2002, 116 Stat. 2030; Pub. L. 112–166, § 2(m),Aug. 10, 2012, 126 Stat. 1287.)
Provisions similar to those in this section were contained in sections 4(a), (b), (e) and 5 ofPub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).
2012—Subsec. (a). Pub. L. 112–166designated 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”.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166effective 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) ofPub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
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