§3674A — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must evaluate each State approving agency every year using standards the Secretary and the agencies develop together, and must let each agency comment on its evaluation. The Secretary must use those evaluation results when negotiating contracts under section 3674, work with the agencies to create and run a uniform national training program for new and continuing employees when possible, and create model job and performance standards for agency staff who carry out approval duties under contracts under section 3674(a). A State approving agency with a contract under section 3674(a) must use qualification and performance standards based on the Secretary’s models and must give any person the agency’s criteria if asked. The agency may consider the State’s merit system and other local rules when making or using those standards, and the Secretary must help any agency that requests assistance.

Title 38, §3674A

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(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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), May 20, 1988, 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

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 Pub. L. 100–323, § 13(b)(3),

May 20, 1988, 102 Stat. 573, provided that: “None of the qualification standards implemented pursuant to the

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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.”

§3674A Evaluations of Agency Performance; Qualifications and Performance of Agency Personnel

Summary

Title 38, §3674A

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

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Amendments

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