---
kind: "section"
citation: "38 U.S.C. § 308"
title: "38"
title_heading: "Veterans’ Benefits"
number: "308"
heading: "Assistant Secretaries; Deputy Assistant Secretaries"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/308"
units:
  - "Part I — General Provisions"
  - "Chapter 3 — Department of Veterans Affairs"
---

# §308. Assistant Secretaries; Deputy Assistant Secretaries

- (a)
  - (1) There shall be in the [Department](/usc/38/101.md?p=1) not more than seven Assistant [Secretaries](/usc/38/101.md?p=1).
  - (2) Except as provided in [paragraph (3)](#a-3), each Assistant [Secretary](/usc/38/101.md?p=1) appointed under [paragraph (1)](#a-1) shall be appointed by the President, by and with the advice and consent of the Senate.
  - (3) The following Assistant [Secretaries](/usc/38/101.md?p=1) may be appointed without the advice and consent of the Senate:
    - (A) The Assistant [Secretary](/usc/38/101.md?p=1) for Management.
    - (B) The Assistant [Secretary](/usc/38/101.md?p=1) for Human Resources and Administration.
    - (C) The Assistant [Secretary](/usc/38/101.md?p=1) for Public and Intergovernmental Affairs.
    - (D) The Assistant [Secretary](/usc/38/101.md?p=1) for Operations, Security, and Preparedness.
- (b) The [Secretary](/usc/38/101.md?p=1) shall assign to the Assistant [Secretaries](/usc/38/101.md?p=1) responsibility for the administration of such functions and duties as the [Secretary](/usc/38/101.md?p=1) considers appropriate, including the following functions:
  - (1) Budgetary and financial functions.
  - (2) Personnel management and labor relations functions.
  - (3) Planning, studies, and evaluations.
  - (4) Management, productivity, and logistic support functions.
  - (5) Information management functions as required by [section 3506 of title 44](/usc/44/3506.md).
  - (6) Capital facilities and real property program functions.
  - (7) Equal opportunity functions.
  - (8) Functions regarding the investigation of complaints of employment discrimination within the [Department](/usc/38/101.md?p=1).
  - (9) Functions regarding intergovernmental, public, and consumer information and affairs.
  - (10) Procurement functions.
  - (11) Operations, preparedness, security, and law enforcement functions.
  - (12) The functions set forth in [section 323(c) of this title](/usc/38/323.md?p=c).
- (c) Whenever the President nominates an individual for appointment as an Assistant [Secretary](/usc/38/101.md?p=1), the President shall include in the communication to the Senate of the nomination a statement of the particular functions of the [Department](/usc/38/101.md?p=1) specified in [subsection (b)](#b), and any other functions of the [Department](/usc/38/101.md?p=1), the individual will exercise upon taking office.
- (d)
  - (1) There shall be in the [Department](/usc/38/101.md?p=1) such number of Deputy Assistant [Secretaries](/usc/38/101.md?p=1), not exceeding 19, as the [Secretary](/usc/38/101.md?p=1) may determine. Each Deputy Assistant [Secretary](/usc/38/101.md?p=1) shall be appointed by the [Secretary](/usc/38/101.md?p=1) and shall perform such functions as the [Secretary](/usc/38/101.md?p=1) prescribes.
  - (2) At least two-thirds of the number of positions established and filled under [paragraph (1)](#d-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](/usc/38/101.md?p=1). For purposes of determining such continuous service of an individual, there shall be excluded any service by such individual in a position—
    - (A) of a confidential, policy-determining, policy-making, or policy-advocating character;
    - (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](/usc/5/3132.md?p=a-7); or
    - (C) to which such individual was appointed by the President.

## Source credit

(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; Pub. L. 115–41, title I, § 101(b), June 23, 2017, 131 Stat. 865.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 4(a), (b), (e) and 5 of Pub. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Pub. L. 102–83, § 3(3).

### Amendments

2017—Subsec. (b)(12). Pub. L. 115–41 added par. (12).

2012—Subsec. (a). Pub. L. 112–166 designated 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”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 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) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.