H.R. 1718House108th Congress (2003-2005)In Committee

To amend title 38, United States Code, to repeal the four-year terms specified by law for certain officials of the Department of Veterans Affairs, and for other purposes.

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Referred to the Subcommittee on Health.

Health Subcommittee

May 21, 2003

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HouseIntro Referral

Introduced in House

April 10, 2003

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

Veterans' Affairs Committee

April 10, 2003

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E756)

April 11, 2003

HouseCommittee

Referred to the Subcommittee on Health.

Health Subcommittee

May 21, 2003

Floor Debate

1 member

What members said about H.R. 1718 on the floor

1 Republican

Rep. Christopher H. SmithR-NJ-4 · Apr 11, 2003

Mr. Speaker, I am introducing a bill to repeal the four-year terms specified by law for certain officials of the Department of Veterans Affairs (VA), and to add a provision that addresses the…

Mr. Speaker, I am introducing a bill to repeal the four-year terms specified by law for certain officials of the Department of Veterans Affairs (VA), and to add a provision that addresses the appointment of directors of principal geographic service areas.

Fourteen years ago, when the Veterans Administration was established as an executive department and redesignated the Department of Veterans Affairs, Public Law 100-527 also established a Chief Medical Director (CMD), a Chief Benefits Director (CBD) and a Director of the National Cemetery Services (the Director). The CMD and the CBD were to be appointed by the President, with the advice and consent of the Senate, while the Director was to report to the Office of the Secretary.

Subsequent laws further restated and reorganized the three key executive positions in the Department as the Under Secretaries for Health, Benefits and Memorial Affairs. Under current law, the Under Secretaries for Health and Benefits are appointed for four-year terms, with reappointment permissible for successive-like periods. There is no such restriction or term provision established in law for the Under Secretary for Memorial Affairs.

I am introducing H.R. 1718 to repeal term appointments for the Under Secretaries for Health and Benefits. This bill will align all three Under Secretary positions as Presidential appointments, by and with the advice and consent of the Senate, and allow the President maximum flexibility in the appointment of these primary executive positions. Current incumbents would not be affected by the enactment of this legislation. The President would also be required to notify Congress concerning the reasons for removal if the President should choose to terminate or remove one of the Under Secretaries of the Department.

These term appointments likewise would be repealed for key officials assigned to the Office of the Under Secretary for Health, who are appointed by the Secretary subject to reassignment at the Secretary's discretion. With this bill, the designation of directors of principal geographic service areas are added to the group of key agency officials appointed by the Secretary and serving at the Secretary's discretion without term restrictions.

As with the three under secretaries, H.R. 1718 requires that the Secretary notify the Committees on Veterans' Affairs of the House and Senate when one of these key officials is removed from one of these subsidiary positions. These officials may be entitled to reassignment, if they held a previous career position within the Department.

Mr. Speaker, this legislation would allow the President and the Secretary of Veterans Affairs maximum flexibility to hold senior officials accountable and to align the agency's top leadership with the vision and goals of the Secretary and the Administration. I urge prompt House action on this important measure.

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Introduced in HouseIssued April 10, 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1718 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 1718

To amend title 38, United States Code, to repeal the four-year terms
specified by law for certain officials of the Department of Veterans
Affairs, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 10, 2003

Mr. Smith of New Jersey introduced the following bill; which was
referred to the Committee on Veterans' Affairs

_______________________________________________________________________

A BILL

To amend title 38, United States Code, to repeal the four-year terms
specified by law for certain officials of the Department of Veterans
Affairs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. REPEAL OF FIXED TERMS OF OFFICE FOR CERTAIN OFFICIALS OF THE
DEPARTMENT OF VETERANS AFFAIRS.

(a) Under Secretary for Health.--Section 305(c) of title 38, United
States Code, is amended to read as follows:
``(c) Whenever the President removes the Under Secretary for
Health, the President shall communicate the reasons for the removal to
Congress.''.
(b) Under Secretary for Benefits.--Section 306(c) of such title is
amended to read as follows:
``(c) Whenever the President removes the Under Secretary for
Benefits, the President shall communicate the reasons for the removal
to Congress.''.
(c) Positions in the Office of the Under Secretary for Health.--(1)
Subsection (d) of section 7306 of such title is amended to read as
follows:
``(d) Whenever the Secretary removes a person appointed under this
section, the Secretary shall communicate the reasons for the removal to
the Committees on Veterans' Affairs of the Senate and House of
Representatives.''.
(2) Subsection (e)(1) of such section is amended by striking
``Service,'' in the first sentence and all that follows through the
second sentence and inserting ``Service.''.
(d) Applicability.--(1) The amendment made by subsection (a) does
not apply with respect to the term of office of the individual who on
the date of the enactment of this Act is serving in the position of
Under Secretary for Health of the Department of Veterans Affairs.
(2) The amendment made by subsection (b) does not apply with
respect to the term of office of the individual who on the date of the
enactment of this Act is serving in the position of Under Secretary for
Benefits of the Department of Veterans Affairs.
(3) The amendments made by subsection (c) are applicable with
respect to the period of appointment of any individual who on the day
before the date of the enactment of this Act is serving in a position
covered by subsection (d) or (e) of section 7306 of title 38, United
States Code.

SEC. 2. APPOINTMENT OF DIRECTORS OF PRINCIPAL GEOGRAPHIC SERVICE AREAS.

(a) Secretary Authority.--Chapter 3 of title 38, United States
Code, is amended by adding at the end the following new section:
``Sec. 320. Directors of principal geographic service areas
``(a) The directors of the principal geographic service areas of
the Department shall be appointed by the Secretary, and are subject to
removal by the Secretary, without regard to any of the provisions of
title 5 specified in section 7425(a) of this title.
``(b) Whenever the Secretary removes an employee from a position as
director of one of the principal geographic service area of the
Department, the Secretary shall communicate the reasons for the removal
to the Committees on Veterans' Affairs of the Senate and House of
Representatives.
``(c) Whenever the Secretary removes an employee from a position as
director of one of the principal geographic service area of the
Department for any reason other than cause and the employee, in order
to accept the appointment to that position, had--
``(1) relinquished an appointment under section 7401(1) of
this title, that employee shall be entitled to reassignment
under that section; or
``(2) relinquished a permanent appointment under title 5,
that employee shall be entitled to reassignment under that
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``320. Directors of principal geographic service areas.''.
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