I 

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 fouryear terms specified by law for certain officials of the 

Department of Veterans Affairs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPEAL OF FIXED TERMS OF OFFICE FOR CER4 TAIN OFFICIALS OF THE DEPARTMENT OF 

5 VETERANS AFFAIRS. 

6 (a) UNDER SECRETARY FOR HEALTH.—Section 

7 305(c) of title 38, United States Code, is amended to read 

8 as follows: 
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1 ‘‘(c) Whenever the President removes the Under Sec2 retary for Health, the President shall communicate the 

3 reasons for the removal to Congress.’’. 

4 (b) UNDER SECRETARY FOR BENEFITS.—Section 

5 306(c) of such title is amended to read as follows: 

6 ‘‘(c) Whenever the President removes the Under Sec7 retary for Benefits, the President shall communicate the 

8 reasons for the removal to Congress.’’. 

9 (c) POSITIONS IN THE OFFICE OF THE UNDER SEC10 RETARY FOR HEALTH.—(1) Subsection (d) of section 

11 7306 of such title is amended to read as follows: 

12 ‘‘(d) Whenever the Secretary removes a person ap13 pointed under this section, the Secretary shall commu14 nicate the reasons for the removal to the Committees on 

15 Veterans’ Affairs of the Senate and House of Representa16 tives.’’. 

17 (2) Subsection (e)(1) of such section is amended by 

18 striking ‘‘Service,’’ in the first sentence and all that fol19 lows through the second sentence and inserting ‘‘Service.’’. 

20 (d) APPLICABILITY.—(1) The amendment made by 

21 subsection (a) does not apply with respect to the term of 

22 office of the individual who on the date of the enactment 

23 of this Act is serving in the position of Under Secretary 

24 for Health of the Department of Veterans Affairs. 
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1 (2) The amendment made by subsection (b) does not 

2 apply with respect to the term of office of the individual 

3 who on the date of the enactment of this Act is serving 

4 in the position of Under Secretary for Benefits of the De5 partment of Veterans Affairs. 

6 (3) The amendments made by subsection (c) are ap7 plicable with respect to the period of appointment of any 

8 individual who on the day before the date of the enactment 

9 of this Act is serving in a position covered by subsection 

10 (d) or (e) of section 7306 of title 38, United States Code. 

11 SEC. 2. APPOINTMENT OF DIRECTORS OF PRINCIPAL GEO12 GRAPHIC SERVICE AREAS. 

13 (a) SECRETARY AUTHORITY.—Chapter 3 of title 38, 

14 United States Code, is amended by adding at the end the 

15 following new section:

16 ‘‘§ 320. Directors of principal geographic service 

17 areas 

18 ‘‘(a) The directors of the principal geographic service 

19 areas of the Department shall be appointed by the Sec20 retary, and are subject to removal by the Secretary, with21 out regard to any of the provisions of title 5 specified in 

22 section 7425(a) of this title. 

23 ‘‘(b) Whenever the Secretary removes an employee 

24 from a position as director of one of the principal geo25 graphic service area of the Department, the Secretary 
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1 shall communicate the reasons for the removal to the 

2 Committees on Veterans’ Affairs of the Senate and House 

3 of Representatives. 

4 ‘‘(c) Whenever the Secretary removes an employee 

5 from a position as director of one of the principal geo6 graphic service area of the Department for any reason 

7 other than cause and the employee, in order to accept the 

8 appointment to that position, had—

9 ‘‘(1) relinquished an appointment under section 

10 7401(1) of this title, that employee shall be entitled 

11 to reassignment under that section; or 

12 ‘‘(2) relinquished a permanent appointment 

13 under title 5, that employee shall be entitled to reas14 signment under that title.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item:

‘‘320. Directors of principal geographic service areas.’’.

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