38 U.S.C. § 212

QUALITY REVIEW AND MANAGEMENT.

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“(a)Monitoring of Calls on Veterans Crisis Line.—“(1)In general.—The Secretary of Veterans Affairs shall require that not fewer than two calls per month for each Veterans Crisis Line call responder be subject to supervisory silent monitoring, which is used to monitor the quality of conduct by such call responder during the call.“(2)Benchmarks.—The Secretary shall establish benchmarks for requirements and performance of Veterans Crisis Line call responders on supervisory silent monitored calls.“(3)Quarterly reports.—Not less frequently than quarterly, the Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs a report on occurrence and outcomes of supervisory silent monitoring of calls on the Veterans Crisis Line.“(b)Quality Management Processes for Veterans Crisis Line.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the leadership for the Veterans Crisis Line, in partnership with the Office of Mental Health and Suicide Prevention of the Department and the National Center for Patient Safety of the Department, shall establish quality management processes and expectations for staff of the Veterans Crisis Line, including with respect to reporting of adverse events and close calls.“(c)Annual Common Cause Analysis for Callers to Veterans Crisis Line Who Die by Suicide.—“(1)In general.—Not less frequently than annually, the Secretary shall perform a common cause analysis for all identified callers to the Veterans Crisis Line that died by suicide during the one-year period preceding the conduct of the analysis before the caller received contact with emergency services and in which the Veterans Crisis Line was the last point of contact.“(2)Submittal of results.—The Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department the results of each analysis conducted under paragraph (1).“(3)Application of themes or lessons.—The Secretary shall apply any themes or lessons learned under an analysis under paragraph (1) to updating training and standards of practice for staff of the Veterans Crisis Line.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1983–2023 · leading case: Barney O. Padgett v. R. James Nicholson, 19 Vet. App. 133 (Vet. App. 2005).

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Barney O. Padgett v. R. James Nicholson, 19 Vet. App. 133 (Vet. App. 2005). · cites it 2× “In that regard, I note the existence of 38 U.S.C. § 212 (1962), which provided the Administrator (now the Secretary) with the authority "to assign duties .”

Taylor v. McDonough, 71 F.4th 909 (Fed. Cir. 2023). “§ 503 (a); see 38 U.S.C. § 212 (c)(2) (1970) (provid- ing similar authority to the “Administrator,” at the time the head of VA).”

Jones v. Derwinski, 1 Vet. App. 596 (Vet. App. 1991). “with respect to the petition for extraordinary relief, it is: ORDERED that the Secretary of Veterans Affairs, directly and indirectly by the official acts of officers or employees of the Department of Veterans Affairs under delegation, redelegation, or assignment from the…”

Taylor v. McDonough (Fed. Cir. 2023). “§ 503 (a); see 38 U.S.C. § 212 (c)(2) (1970) (provid- ing similar authority to the “Administrator,” at the time the head of VA).”

United States v. Transou, 572 F. Supp. 295 (M.D. Tenn. 1983). “Within the limitations of such delegations, redelegations, or assignments, all official acts * * * of such officers and employees * * * have the same force and effect as though performed or rendered by the Administrator,” 38 U.S.C. § 212 (a); Beehler v. United States, 40 F.”

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