12 2 STA T .4 1 58PUBLIC LA W 11 0–3 8 9—O CT. 10 , 2008 ‘ ‘ (i ii )Suchot h erda taa s the Secretar y deter m i n esisa p pro - priate f or monitorin g the accuracy and consistency of decisions w ith respect to such c l aims . ‘‘( 5 ) N othing in this su b section shall be construed to re q uire the Secretary to replace the quality assurance program under sub- section (a) that was in effect on the day before the date of the enactment of this subsection. ’ ’. (b) REPORT TO C O NG RE S S. — Not later than the end of the three- year period beginning on the date of the enactment of this A ct , the Secretary of V eterans Affairs shall submit to Congress a report containing the results and findings of the independent third-party entity described in section 7 7 31 (c)(1) of title 3 8 , U nited States Code, as added by subsection (a), with respect to the assessment conducted under such section 7731(c)(1). SEC.2 2 5 .CE RTIF IC A TI ON AN D TRAININ G OFE MPL O Y EESOFT H E V ET - ERANS B ENEFITS ADMINISTRATION RESPONSIBLE FOR PROCESSING CLAIMS. (a) EM P L O Y EE CERT IF I CA TION RE QU IRE D .— (1) I N GENERAL.—Subchapter II of chapter 77 is amended by inserting after section 773 2 the following new section
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‘ §7 7 32A.Employe e c e rtif ic a tio n ‘‘(a) D E V ELOPMENT OF CERTIFICATION E X AMINATION.—(1) T he Secretary shall pro v ideforane x amination of appropriate employees and managers of the Veterans B enefits 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 sta k e- holders, and employee representatives
and ‘‘(B) consider the data gathered and produced under section 7731(c)(3) of this title. ‘‘(b) EMPLOYEE AND M ANAGER REQUIREMENT.—The Secretary shall require appropriate employees and managers of the Veterans Benefits Administration 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).’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter 77 is amended by inserting after the item relating to section 7732 the following new item: ‘ ‘ 7 7 32A.Employe e c e rtif ic a tio n . ’ ’. (3) DEADLINES FOR IMPLEMENTATION.—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; and (B) begin administering such certification examination required under such section not later than 90 days after the date on which the development of such certification examination is complete. 38USC7 73 2Anote. Con sul t a t i on.
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