---
kind: "section"
citation: "38 U.S.C. § 304"
title: "38"
title_heading: "Veterans’ Benefits"
number: "304"
heading: "Deputy Secretary of Veterans Affairs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/304"
units:
  - "Part I — General Provisions"
  - "Chapter 3 — Department of Veterans Affairs"
---

# §304. Deputy Secretary of Veterans Affairs


There is in the [Department](/usc/38/101.md?p=1) a Deputy [Secretary](/usc/38/101.md?p=1) of [Veterans](/usc/38/101.md?p=2) Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy [Secretary](/usc/38/101.md?p=1) shall perform such functions as the [Secretary](/usc/38/101.md?p=1) shall prescribe. Unless the President designates another officer of the Government, the Deputy [Secretary](/usc/38/101.md?p=1) shall be Acting [Secretary](/usc/38/101.md?p=1) of [Veterans](/usc/38/101.md?p=2) Affairs during the absence or disability of the [Secretary](/usc/38/101.md?p=1) or in the event of a vacancy in the office of [Secretary](/usc/38/101.md?p=1).


## Source credit

(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 379.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 210(d) of this title and in section 3(a) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, §§ 2(a), 3(3).

### Executive Documents

### Order of Succession

For order of succession during any period when both Secretary and Deputy Secretary of Veterans Affairs are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, listed in a table under section 3345 of Title 5, Government Organization and Employees.