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Title 38 — Veterans’ Benefits

Part III · Chapter 36 — Administration of Educational Benefits

§ 3674A. Evaluations of agency performance; qualifications and performance of agency personnel

Statutory text

(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 paragraph (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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans’ Employment, Training, and Counseling Amendments of 1988

    Pub. L. 100–323 § 13(b)(1)(A) · 102 Stat. 556

    Enacted · 38 U.S.C. § 3674A

    Added Pub. L. 100–323, § 13(b)(1)(A), May 20, 1988, 102 Stat. 572, § 1774A

    Source evidence

    Code source credit
    Added Pub. L. 100–323, § 13(b)(1)(A), May 20, 1988, 102 Stat. 572, § 1774A

    Enacted provision · exact public law section
    (A) by inserting the following new section after section 1774: “§ 1774A. Evaluations of agency performance; qualifications and performance of agency personnel “(a) The Administrator 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 Administrator 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 1774 of this title; “(3) supervise functionally the provision of course-approval services by State approving agencies under this subchapter; “(4) 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 “(5) 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 1774(a). “(b) (1) Each State approving agency carrying out a contract or agreement with the Administrator under section 1774(a) after the 18-month period beginning on the date of the enactment of this section shall— “(A) apply qualification and performance standards based on the standards developed under subsection (a)(5) of this section; 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 1774(a). “(2) In developing and applying standards described in subsection (a)(5) of this section, the State approving agency may take into consideration the State’s merit system requirements and other local requirements and conditions. “(3) The Administrator shall provide assistance in developing such standards to a State approving agency that requests it.”; and

  2. Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3674A

    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

  3. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 3674A

    Pub. L. 102–83, § 5(a), renumbered section 1774A of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1774A of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  4. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 3674A(a)(2); 38 U.S.C. § 3674A(a)(5)

      Pub. L. 102–83, § 5(c)(1), substituted “3674” for “1774” in par. (5)

    2. Substituted · 38 U.S.C. § 3674A(a)(2); 38 U.S.C. § 3674A(a)(5)

      Pub. L. 102–83, § 5(c)(1), substituted “3674(a)” for “1774(a)” in par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(2), (5). Pub. L. 102–83, § 5(c)(1), substituted “3674” for “1774” in par. (2) and “3674(a)” for “1774(a)” in par. (5).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  5. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3674A(b)(1)

    Pub. L. 102–83, § 5(c)(1), substituted “3674(a)” for “1774(a)” in introductory provisions and in subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–83, § 5(c)(1), substituted “3674(a)” for “1774(a)” in introductory provisions and in subpar. (B).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  6. Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 606(c)(1) · 108 Stat. 4645

    1. Redesignated · 38 U.S.C. § 3674A(a)(3)(5)

      Pub. L. 103–446, § 606(c)(1), redesignated pars. (4) and (5) as (3) and (4), respectively

    2. Struck · 38 U.S.C. § 3674A(a)(3)(5)

      Pub. L. 103–446, § 606(c)(1), struck out former par. (3) which read as follows: “supervise functionally the provision of course-approval services by State approving agencies under this subchapter;”

    Source evidence

    Code amendment note
    Subsec. (a)(3) to (5). Pub. L. 103–446, § 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;”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking out paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and

  7. Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 606(c)(2)(A) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 3674A(b)

    Pub. L. 103–446, § 606(c)(2)(A), substituted “subsection (a)(4)” for “subsection (a)(5) of this section” in pars. (1)(A) and (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–446, § 606(c)(2)(A), substituted “subsection (a)(4)” for “subsection (a)(5) of this section” in pars. (1)(A) and (2).

    Enacted provision · exact public law section
    (A) by striking out “subsection (a)(5) of this section” both places it appears and inserting in lieu thereof “sub-section (a)(4)”; and

  8. Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 606(c)(2)(B) · 108 Stat. 4645

    Inserted · 38 U.S.C. § 3674A(b)(1)

    Pub. L. 103–446, § 606(c)(2)(B), inserted “of this title” after “section 3674(a)” in introductory provisions and subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–446, § 606(c)(2)(B), inserted “of this title” after “section 3674(a)” in introductory provisions and subpar. (B).

    Enacted provision · exact public law section
    (B) by inserting “of this title” after “section 3674(a)” both places it appears.

  9. Pub. L. 105–368 title X § 1005(b)(8) · 112 Stat. 3315

    Struck · 38 U.S.C. § 3674A(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (8) Section 3674A(b)(1) is amended by striking “after the 18-month period beginning on the date of the enactment of this section”.

  10. Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(8) · 115 Stat. 25

    Substituted · 38 U.S.C. § 3674A(a)(2)

    Pub. L. 107–14 substituted “paragraph (1)” for “clause (1)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–14 substituted “paragraph (1)” for “clause (1)”.

    Enacted provision · exact public law section
    (8) Section 3674A(a)(2) is amended by striking “clause (1)” and inserting “paragraph (1)”.

12 of 12 references resolved to an enrolled provision

Editorial Notes

Amendments1989–2001 · 5 rounds

2001

Subsec. (a)(2). Pub. L. 107–14 substituted “paragraph (1)” for “clause (1)”.

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, § 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, § 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, § 606(c)(2)(B), inserted “of this title” after “section 3674(a)” in introductory provisions and subpar. (B).

1991

Pub. L. 102–83, § 5(a), renumbered section 1774A of this title as this section.

Subsec. (a)(2), (5). Pub. L. 102–83, § 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, § 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.

Statutory Notes and Related Subsidiaries

Implementation

Pub. L. 100–323, § 13(b)(2), , 102 Stat. 573, directed Administrator, for purposes of implementing amendments by section 13(b)(1) of Pub. L. 100–323, and within 120 days after , 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

Pub. L. 100–323, § 13(b)(3), , 102 Stat. 573, 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 [] as long as such person remains in the position in which the person is employed on such date.”

Credits

1988–2001 · 6 acts
  1. 1988Added Pub. L. 100–323, § 13(b)(1)(A), , 102 Stat. 572, § 1774A
  2. 1989amended Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092
  3. 1991renumbered § 3674A and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  4. 1994Pub. L. 103–446, title VI, § 606(c), , 108 Stat. 4672
  5. 1998Pub. L. 105–368, title X, § 1005(b)(8), , 112 Stat. 3365
  6. 2001Pub. L. 107–14, § 8(a)(8), , 115 Stat. 35.
Show as published

(Added Pub. L. 100–323, § 13(b)(1)(A), , 102 Stat. 572, § 1774A; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), , 103 Stat. 2092; renumbered § 3674A and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 103–446, title VI, § 606(c), , 108 Stat. 4672; Pub. L. 105–368, title X, § 1005(b)(8), , 112 Stat. 3365; Pub. L. 107–14, § 8(a)(8), , 115 Stat. 35.)

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