US Code

Public Law 119-73 (01/23/2026)

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

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

Editorial Notes

Amendments

Pub. L. 107–142001—Subsec. (a)(2). substituted “paragraph (1)” for “clause (1)”.

Pub. L. 105–368section 3674(a) of this title1998—Subsec. (b)(1). struck out “after the 18-month period beginning on the date of the enactment of this section” after “” in introductory provisions.

Pub. L. 103–446, § 606(c)(1)1994—Subsec. (a)(3) to (5). , 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;”.

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

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

Pub. L. 102–83, § 5(a)section 1774A of this title1991—, renumbered as this section.

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

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

Pub. L. 101–2371989— substituted “Secretary” for “Administrator” wherever appearing.

Statutory Notes and Related Subsidiaries

Implementation

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

Pub. L. 100–323, § 13(b)(3)102 Stat. 573

“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.”
, , , provided that: