--- kind: "section" citation: "38 U.S.C. § 305" title: "38" title_heading: "Veterans’ Benefits" number: "305" heading: "Under Secretary for Health" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/38/305" units: - "Part I — General Provisions" - "Chapter 3 — Department of Veterans Affairs" --- # §305. Under Secretary for Health - (a) - (1) There is in the [Department](/usc/38/101.md?p=1) an Under [Secretary](/usc/38/101.md?p=1) for Health, who is appointed by the President, by and with the advice and consent of the Senate. - (2) The Under [Secretary](/usc/38/101.md?p=1) for Health shall be appointed without regard to political affiliation or activity and solely— - (A) on the basis of demonstrated ability in the medical profession, in health-care administration and policy formulation, or in health-care fiscal management; and - (B) on the basis of substantial experience in connection with the programs of the [Veterans](/usc/38/101.md?p=2) Health Administration or programs of similar content and scope. - (b) The Under [Secretary](/usc/38/101.md?p=1) for Health is the head of, and is directly responsible to the [Secretary](/usc/38/101.md?p=1) for the operation of, the [Veterans](/usc/38/101.md?p=2) Health Administration. - (c) - (1) Whenever a vacancy in the position of Under [Secretary](/usc/38/101.md?p=1) for Health occurs or is anticipated, the [Secretary](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1): - (A) Three persons representing clinical care and medical research and education activities affected by the [Veterans](/usc/38/101.md?p=2) Health Administration. - (B) Two persons representing [veterans](/usc/38/101.md?p=2) served by the [Veterans](/usc/38/101.md?p=2) Health Administration. - (C) Two persons who have experience in the management of [veterans](/usc/38/101.md?p=2) health services and research programs, or programs of similar content and scope. - (D) The Deputy [Secretary](/usc/38/101.md?p=1) of [Veterans](/usc/38/101.md?p=2) Affairs. - (E) The Chairman of the Special Medical Advisory Group established under [section 7312 of this title](/usc/38/7312.md). - (F) One person who has held the position of Under [Secretary](/usc/38/101.md?p=1) for Health (including service as Chief Medical Director of the [Veterans](/usc/38/101.md?p=2)’ Administration), if the [Secretary](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) for Health. The commission shall submit all recommendations to the [Secretary](/usc/38/101.md?p=1). The [Secretary](/usc/38/101.md?p=1) shall forward the recommendations to the President with any comments the [Secretary](/usc/38/101.md?p=1) considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. - (4) The Assistant [Secretary](/usc/38/101.md?p=1) or Deputy Assistant [Secretary](/usc/38/101.md?p=1) of [Veterans](/usc/38/101.md?p=2) Affairs who performs personnel management and labor relations functions shall serve as the executive [secretary](/usc/38/101.md?p=1) 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. 379, 404; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(c)(1), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 108–422, title V, § 503, Nov. 30, 2004, 118 Stat. 2396; Pub. L. 109–461, title II, § 210(a), Dec. 22, 2006, 120 Stat. 3418.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to those in this section were contained in section 3(b) of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3). ### Amendments 2006—Subsecs. (c), (d). Pub. L. 109–461 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The Under Secretary for Health shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Health before the completion of the term for which the Under Secretary for Health was appointed, the President shall communicate the reasons for the removal to Congress.” 2004—Subsec. (a)(2). Pub. L. 108–422, § 503(1), struck out “shall be a doctor of medicine and” after “The Under Secretary for Health” in introductory provisions. Subsec. (a)(2)(A). Pub. L. 108–422, § 503(2), substituted “or in health-care” for “and in health-care”. 1994—Subsec. (a)(1). Pub. L. 103–446, § 1201(c)(1)(A), substituted “an Under Secretary” for “a Under Secretary”. Subsec. (d)(2)(F). Pub. L. 103–446, § 1201(c)(1)(B), (e)(2), substituted “Chief Medical Director of the Veterans’ Administration)” for “Under Secretary for Health of the Department)” and “commission” for “Commission”. 1992—Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing. 1991—Subsec. (d)(2)(F). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. ### Statutory Notes and Related Subsidiaries ### Change of Name Pub. L. 102–405, title III, § 302(a), Oct. 9, 1992, 106 Stat. 1984, provided that: “The position of Chief Medical Director of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Health of the Department of Veterans Affairs.” Pub. L. 102–405, title III, § 302(e), Oct. 9, 1992, 106 Stat. 1985, provided that: “Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Department of Veterans Affairs— to the Chief Medical Director of the Department of Veterans Affairs shall be deemed to refer to the Under Secretary for Health of the Department of Veterans Affairs; and to the Chief Benefits Director of the Department of Veterans Affairs shall be deemed to refer to the Under Secretary for Benefits of the Department of Veterans Affairs.”