--- kind: "section" citation: "38 U.S.C. § 306" title: "38" title_heading: "Veterans’ Benefits" number: "306" heading: "Under Secretary for Benefits" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/38/306" units: - "Part I — General Provisions" - "Chapter 3 — Department of Veterans Affairs" --- # §306. Under Secretary for Benefits - (a) There is in the [Department](/usc/38/101.md?p=1) an Under [Secretary](/usc/38/101.md?p=1) for Benefits, who is appointed by the President, by and with the advice and consent of the Senate. The Under [Secretary](/usc/38/101.md?p=1) for Benefits shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in— - (1) fiscal management; and - (2) the administration of programs within the [Veterans](/usc/38/101.md?p=2) Benefits Administration or programs of similar content and scope. - (b) The Under [Secretary](/usc/38/101.md?p=1) for Benefits is the head of, and is directly responsible to the [Secretary](/usc/38/101.md?p=1) for the operations of, the [Veterans](/usc/38/101.md?p=2) Benefits Administration. - (c) - (1) Whenever a vacancy in the position of Under [Secretary](/usc/38/101.md?p=1) for Benefits 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 education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the [Veterans](/usc/38/101.md?p=2) Benefits Administration. - (B) Two persons representing [veterans](/usc/38/101.md?p=2) served by the [Veterans](/usc/38/101.md?p=2) Benefits Administration. - (C) Two persons who have experience in the management of [veterans](/usc/38/101.md?p=2) benefits 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 [Veterans](/usc/38/101.md?p=2)’ Advisory Committee on Education formed under [section 3692 of this title](/usc/38/3692.md). - (F) One person who has held the position of Under [Secretary](/usc/38/101.md?p=1) for Benefits (including service as Chief Benefits 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 Benefits. 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. 380, 404; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(c)(2), (e)(2), Nov. 2, 1994, 108 Stat. 4683, 4685; Pub. L. 109–461, title II, § 210(b), Dec. 22, 2006, 120 Stat. 3418.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to those in this section were contained in section 3(c) 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 Benefits shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Benefits before the completion of the term for which the Under Secretary for Benefits was appointed, the President shall communicate the reasons for the removal to Congress.” 1994—Subsec. (a). Pub. L. 103–446, § 1201(c)(2)(A), substituted “an Under Secretary” for “a Under Secretary”. Subsec. (d)(2)(F). Pub. L. 103–446, § 1201(c)(2)(B), (e)(2), substituted “Chief Benefits Director of the Veterans’ Administration)” for “Under Secretary for Benefits of the Department)” and “commission” for “Commission”. 1992—Pub. L. 102–405 substituted “Under Secretary for Benefits” for “Chief Benefits 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(b), Oct. 9, 1992, 106 Stat. 1984, provided that: “The position of Chief Benefits Director of the Department of Veterans Affairs is hereby redesignated as Under Secretary for Benefits of the Department of Veterans Affairs.”