38 U.S.C. § 7731 — Establishment

Page 1287 TITLE 38—VETERANS’ BENEFITS § 7731 1999—Pub. L. 106–117, title VIII, § 801(a)(2), Nov. 30, 1999, 113 Stat. 1586, added heading for subchapter III and items 7731 to 7734. SUBCHAPTER I—ORGANIZATION; GENERAL § 7701. Organization of the Administration (a) There is in the Department of Veterans Af- fairs a Veterans Benefits Administration. The primary function of the Veterans Benefits Ad- ministration is the administration of nonmed- ical benefits programs of the Department which provide assistance to veterans and their depend- ents and survivors. (b) The Veterans Benefits Administration is under the Under Secretary for Benefits, who is directly responsible to the Secretary for the op- erations of the Administration. The Under Sec- retary for Benefits may be referred to as the Chief Benefits Director. (Added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 399; amended Pub. L. 102–405, title III, § 302(c)(1), (3), Oct. 9, 1992, 106 Stat. 1984.) Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–405 substituted ‘‘Under Secretary for Benefits’’ for ‘‘Chief Benefits Director’’ and inserted at end ‘‘The Under Secretary for Benefits may be referred to as the Chief Benefits Director.’’ § 7703. Functions of the Administration The Veterans Benefits Administration is re- sponsible for the administration of the following programs of the Department: (1) Compensation and pension programs. (2) Vocational rehabilitation and edu- cational assistance programs. (3) Veterans’ housing loan programs. (4) Veterans’ and servicemembers’ life insur- ance programs. (5) Outreach programs and other veterans’ services programs. (Added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 399.) SUBCHAPTER II—QUALITY ASSURANCE Editorial Notes PRIOR PROVISIONS A prior subchapter II of this chapter, consisting of sections 7721 to 7727, related to the veterans outreach services program, prior to repeal by Pub. L. 109–233, title IV, § 402(c), June 15, 2006, 120 Stat. 411. See chapter 63 of this title. Section 7721, added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 400; amended Pub. L. 107–14, § 6(a), June 5, 2001, 115 Stat. 30, stated purpose of program and defined ‘‘other governmental programs’’ and ‘‘eligible depend- ent’’ for purposes of the subchapter. See section 6301 of this title. Section 7722, added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 400; amended Pub. L. 102–590, § 5, Nov. 10, 1992, 106 Stat. 5139; Pub. L. 107–103, title III, § 304, Dec. 27, 2001, 115 Stat. 992, directed Secretary to provide out- reach services. See section 6303 of this title. Section 7723, added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 401; amended Pub. L. 107–103, title III, § 301, Dec. 27, 2001, 115 Stat. 991; Pub. L. 108–183, title III, § 309(c)(1), Dec. 16, 2003, 117 Stat. 2663, directed Sec- retary to establish and maintain veterans assistance offices. See section 6304 of this title. Section 7724, added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 401, related to outstationing of counseling and outreach personnel. See section 6305 of this title. Section 7725, added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 401, related to use of other agencies. See sec- tion 6306 of this title. Section 7726, added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 402, related to the required annual report to Congress. See section 6308 of this title. Section 7727, added Pub. L. 107–14, § 6(b)(1), June 5, 2001, 115 Stat. 31, related to outreach for eligible de- pendents. See section 6307 of this title. AMENDMENTS 2006—Pub. L. 109–233, title IV, § 402(d)(1), June 15, 2006, 120 Stat. 411, redesignated subchapter III of this chap- ter as this subchapter. § 7731. Establishment (a) The Secretary shall carry out a quality as- surance program in the Veterans Benefits Ad- ministration. The program may be carried out through a single quality assurance division in the Administration or through separate quality assurance entities for each of the principal orga- nizational elements (known as ‘‘services’’) of the Administration. (b) The Secretary shall ensure that any qual- ity assurance entity established and operated under subsection (a) is established and operated so as to meet generally applicable governmental standards for independence and internal con- trols for the performance of quality reviews of Government performance and results. (c)(1) The Secretary shall enter into a contract with an independent third-party entity to con- duct, during the three-year period beginning on the date of the enactment of the Veterans’ Bene- fits Improvement Act of 2008, an assessment of the quality assurance program carried out under subsection (a). (2) The assessment conducted under paragraph (1) shall evaluate the following: (A) The quality and accuracy of the work of employees of the Veterans Benefits Adminis- tration, using a statistically valid sample of such employees and a statistically valid sam- ple of such work. (B) The performance of each regional office of the Veterans Benefits Administration. (C) The accuracy of the disability ratings as- signed under the schedule for rating disabil- ities under section 1155 of this title. (D) The consistency of disability ratings among regional offices of the Veterans Bene- fits Administration, based on a sample of spe- cific disabilities. (E) The performance of employees and man- agers of the Veterans Benefits Administration. (3) The Secretary shall develop a mechanism for the automated gathering and producing of data that can be used to monitor and assess trends relating to the items described in para- graph (2). (4)(A) Beginning on the date that is six months after the date of the enactment of the Veterans’ Benefits Improvement Act of 2008, the Secretary shall— (i) for each claim for disability compensa- tion under laws administered by the Secretary submitted to the Secretary on or after such date, retain, monitor, and store in an acces- Page 1288 TITLE 38—VETERANS’ BENEFITS § 7732 sible format the data described in subpara- graph (B); and (ii) develop a demographic baseline for the data retained, monitored, and stored under subparagraph (A). (B) The data described in this subparagraph includes the following: (i) For each claim for disability compensa- tion under laws administered by the Secretary submitted by a claimant— (I) the State in which the claimant resided when the claim was submitted; (II) the decision of the Secretary with re- spect to the claim and each issue claimed; and (III) the regional office and individual em- ployee of the Department responsible for rating the claim. (ii) The State in which the claimant cur- rently resides. (iii) Such other data as the Secretary deter- mines is appropriate for monitoring the accu- racy and consistency of decisions with respect to such claims. (5) Nothing in this subsection shall be con- strued to require the Secretary to replace the quality assurance program under subsection (a) that was in effect on the day before the date of the enactment of this subsection. (Added Pub. L. 106–117, § 801(a)(1), Nov. 30, 1999, 113 Stat. 1585; amended Pub. L. 110–389, title II, § 224(a), Oct. 10, 2008, 122 Stat. 4157.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Veterans’ Benefits Improvement Act of 2008 and the date of the enactment of this subsection, referred to in subsec. (c)(1), (4)(A), (5), mean the date of enactment of Pub. L. 110–389, which was approved Oct. 10, 2008. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–389 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–117, title VIII, § 801(b), Nov. 30, 1999, 113 Stat. 1586, provided that: ‘‘Subchapter III [now Sub- chapter II] of chapter 77 of title 38, United States Code, as added by subsection (a), shall take effect at the end of the 60-day period beginning on the date of the enact- ment of this Act [Nov. 30, 1999].’’ § 7732. Functions The Under Secretary for Benefits, acting through the quality assurance entities estab- lished under section 7731(a), shall on an ongoing basis perform and oversee quality reviews of the functions of each of the principal organizational elements of the Veterans Benefits Administra- tion. (Added Pub. L. 106–117, § 801(a)(1), Nov. 30, 1999, 113 Stat. 1585.) § 7732A. Employee certification (a) DEVELOPMENT OF CERTIFICATION EXAMINA- TION.—(1) The Secretary shall provide for an ex- amination of appropriate employees and man- agers of the Veterans Benefits Administration who are responsible for processing claims for compensation and pension benefits under the laws administered by the Secretary. (2) In developing the examination required by paragraph (1), the Secretary shall— (A) consult with appropriate individuals or entities, including examination development experts, interested stakeholders, and employee representatives; and (B) consider the data gathered and produced under section 7731(c)(3) of this title. (b) EMPLOYEE AND MANAGER REQUIREMENT.— The Secretary shall require appropriate employ- ees and managers of the Veterans Benefits Ad- ministration who are responsible for processing claims for compensation and pension benefits under the laws administered by the Secretary to take the examination provided under subsection (a). (Added Pub. L. 110–389, title II, § 225(a)(1), Oct. 10, 2008, 122 Stat. 4158.) Statutory Notes and Related Subsidiaries DEADLINES FOR IMPLEMENTATION Pub. L. 110–389, title II, § 225(a)(3), Oct. 10, 2008, 122 Stat. 4158, provided that: ‘‘The Secretary of Veterans Affairs shall— ‘‘(A) develop an updated certification examination required under section 7732A of title 38, United States Code, as added by subsection (a), not later than one year after the date of the enactment of this Act [Oct. 10, 2008]; and ‘‘(B) begin administering such certification exam- ination required under such section not later than 90 days after the date on which the development of such certification examination is complete.’’ § 7733. Personnel The Secretary shall ensure that the number of full-time employees of the Veterans Benefits Administration assigned to quality assurance functions under this subchapter is adequate to perform the quality assurance functions for which they have responsibility. (Added Pub. L. 106–117, § 801(a)(1), Nov. 30, 1999, 113 Stat. 1585.) § 7734. Annual report to Congress The Secretary shall include in the annual re- port to the Congress required by section 529 of this title a report on the quality assurance ac- tivities carried out under this subchapter. Each such report shall include— (1) an appraisal of the quality of services provided by the Veterans Benefits Administra- tion, including— (A) the number of decisions reviewed; (B) a summary of the findings on the deci- sions reviewed; (C) the number of full-time equivalent em- ployees assigned to quality assurance in each division or entity; (D) specific documentation of compliance with the standards for independence and in- ternal control required by section 7731(b) of this title; and (E) actions taken to improve the quality of services provided and the results obtained;