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38 U.S.C. § 3674A — Evaluations of agency performance; qualifications and performance of agency personnel
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674/a&num=0&edition=prelim) 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 36
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Source file: Laws/federal/codes/united-states-code/title-38/section-3674a-evaluations-of-agency-performance-qualifications-and-performance-of-agen--dd7e6ba8b4.md
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Source location: Title 38, Chapter 36, § 3674A; chapter-036-administration-of-educational-benefits.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674/a&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to paragraphs (2) through (4) of this subsection, the Secretary is authorized to enter into contracts or agreements with State and local agencies to pay such State and local agencies for reasonable and necessary expenses of salary and travel incurred by employees of such agencies and an allowance for administrative expenses in accordance with the formula contained in subsection (b) of this section in (A) rendering necessary services in ascertaining the qualifications of educational institutions for furnishing courses of education to eligible persons or veterans under this chapter and chapters 30 through 35 of this title and chapter 106 of title 10, and in the supervision of such educational institutions, and (B) furnishing, at the request of the Secretary, any other services in connection with such chapters. Each such contract or agreement shall be conditioned upon compliance with the standards and provisions of such chapters. The Secretary may also reimburse such agencies for work performed by their subcontractors where such work has a direct relationship to the requirements of such chapters, and has had the prior approval of the Secretary.
(2)
(A) The Secretary shall make payments to State and local agencies, out of amounts in the Department of Veterans Affairs readjustment benefits account and amounts appropriated to the Secretary, for the reasonable and necessary expenses of salary and travel incurred by employees of such agencies in carrying out contracts or agreements entered into under this section, for expenses approved by the Secretary that are incurred in carrying out activities described in [section 3674A(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3674A/a/3&num=0&edition=prelim) (e
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Federal law — U.S. Code and appendices · legal_authorities
Page 816
TITLE 38—VETERANS’ BENEFITS
§ 3674A
tion 13(a)(1)(C) of Pub. L. 100–323 effective for all of fis-
cal year 1988 and subsequent fiscal years, see section
16(a), (b)(1)(D) of Pub. L. 100–323, set out as a note under
section 3104 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by sections 203(1) and 213(1) of Pub. L.
96–466 effective Oct. 1, 1980, and Jan. 1, 1981, respec-
tively, see section 802(b)(1), (2) of Pub. L. 96–466, set out
as a note under section 3482 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–202 effective first day of
first month beginning 60 days after Nov. 23, 1977, see
section 501 of Pub. L. 95–202, set out as a note under sec-
tion 101 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–502 effective Oct. 1, 1976,
see section 703(a) of Pub. L. 94–502, set out as an Effec-
tive Date note under section 3693 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93–508 effective Dec. 3, 1974,
see section 503 of Pub. L. 93–508, set out as a note under
section 3452 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Pub. L. 90–631, § 6(b), Oct. 23, 1968, 82 Stat. 1335, pro-
vided that: ‘‘The amendments made by section 4 of this
Act [amending this section] shall apply with respect to
contracts and agreements entered into under section
1774 [now 3674] of title 38, United States Code, effective
for periods beginning after June 30, 1968.’’
REIMBURSEMENT FROM ACCOUNT USED FOR PAYMENT
OF READJUSTMENT BENEFITS
Pub. L. 100–323, § 13(a)(2), May 20, 1988, 102 Stat. 572,
provided that: ‘‘If any payment is made to State or
local approving agencies with respect to activities car-
ried out under subchapter I [now subchapter II] of chap-
ter 36 of title 38, United States
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3674A
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