
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-14 Section 8(a)(8)]
[CITE: 38USC3674A]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER I--STATE APPROVING AGENCIES
 
Sec. 3674A. Evaluations of agency performance; qualifications 
        and performance of agency personnel
        
    (a) The Secretary shall--
        (1)(A) conduct, in conjunction with State approving agencies, an 
    annual evaluation of each State approving agency on the basis of 
    standards developed by the Secretary in conjunction with the State 
    approving agencies, and (B) provide each such agency an opportunity 
    to comment on the evaluation;
        (2) take into account the results of annual evaluations carried 
    out under clause (1) when negotiating the terms and conditions of a 
    contract or agreement under section 3674 of this title;
        (3) cooperate with State approving agencies in developing and 
    implementing a uniform national curriculum, to the extent 
    practicable, for training new employees and for continuing the 
    training of employees of such agencies, and sponsor, with the 
    agencies, such training and continuation of training; and
        (4) prescribe prototype qualification and performance standards, 
    developed in conjunction with State approving agencies, for use by 
    such agencies in the development of qualification and performance 
    standards for State approving agency personnel carrying out approval 
    responsibilities under a contract or agreement entered into under 
    section 3674(a).

    (b)(1) Each State approving agency carrying out a contract or 
agreement with the Secretary under section 3674(a) of this title shall--
        (A) apply qualification and performance standards based on the 
    standards developed under subsection (a)(4); and
        (B) make available to any person, upon request, the criteria 
    used to carry out its functions under a contract or agreement 
    entered into under section 3674(a) of this title.

    (2) In developing and applying standards described in subsection 
(a)(4), the State approving agency may take into consideration the 
State's merit system requirements and other local requirements and 
conditions.
    (3) The Secretary shall provide assistance in developing such 
standards to a State approving agency that requests it.

(Added Pub. L. 100-323, Sec. 13(b)(1)(A), May 20, 1988, 102 Stat. 572, 
Sec. 1774A; amended Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 
18, 1989, 103 Stat. 2092; renumbered Sec. 3674A and amended Pub. L. 102-
83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, 
title VI, Sec. 606(c), Nov. 2, 1994, 108 Stat. 4672; Pub. L. 105-368, 
title X, Sec. 1005(b)(8), Nov. 11, 1998, 112 Stat. 3365.)


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-368 struck out ``after the 18-
month period beginning on the date of the enactment of this section'' 
after ``section 3674(a) of this title'' in introductory provisions.
    1994--Subsec. (a)(3) to (5). Pub. L. 103-446, Sec. 606(c)(1), 
redesignated pars. (4) and (5) as (3) and (4), respectively, and struck 
out former par. (3) which read as follows: ``supervise functionally the 
provision of course-approval services by State approving agencies under 
this subchapter;''.
    Subsec. (b). Pub. L. 103-446, Sec. 606(c)(2)(A), substituted 
``subsection (a)(4)'' for ``subsection (a)(5) of this section'' in pars. 
(1)(A) and (2).
    Subsec. (b)(1). Pub. L. 103-446, Sec. 606(c)(2)(B), inserted ``of 
this title'' after ``section 3674(a)'' in introductory provisions and 
subpar. (B).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1774A of this 
title as this section.
    Subsec. (a)(2), (5). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3674'' for ``1774'' in par. (2) and ``3674(a)'' for ``1774(a)'' in 
par. (5).
    Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3674(a)'' for ``1774(a)'' in introductory provisions and in subpar. 
(B).
    1989--Pub. L. 101-237 substituted ``Secretary'' for 
``Administrator'' wherever appearing.


                             Implementation

    Section 13(b)(2) of Pub. L. 100-323 directed Administrator, for 
purposes of implementing amendments by section 13(b)(1) of Pub. L. 100-
323, and within 120 days after May 20, 1988, to publish prototype 
standards developed under subsec. (a)(5) of this section, directed each 
State approving agency, within 1 year after Administrator published the 
standards, to submit to Administrator a copy of the standards to be 
implemented by such agency under subsec. (b)(1)(A) of this section, and 
provided that Administrator could comment on consistency of the State's 
standards and prototype standards.


Applicability of Qualification Standards to Persons Employed on May 20, 
                                  1988

    Section 13(b)(3) of Pub. L. 100-323 provided that: ``None of the 
qualification standards implemented pursuant to the amendments made by 
paragraph (1) [enacting this section] shall apply to any person employed 
by a State approving agency on the date of the enactment of this Act 
[May 20, 1988] as long as such person remains in the position in which 
the person is employed on such date.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3674, 3682 of this title.
