Page:United States Statutes at Large Volume 102 Part 1.djvu/610

 102 STAT. 572

38 USC 1774 note.

38 USC 1774A.

contracts. contracts.

contracts.

PUBLIC LAW 100-323—MAY 20, 1988

report. The report shall be submitted in the form and manner required by the Administrator. "(B) The Administrator shall transmit a report to the Congress on a quarterly basis which summarizes— "(i) the amounts for which certifications were made by State and local agencies in the reports submitted under subparagraph (A) of this paragraph with respect to the quarter for which the report is made; and "(ii) the amounts of the payments made by the Administrator for such quarter with respect to such certifications and with respect to administrative expenses. "(4) The total amount made available under this section for any fiscal year may not exceed $12,000,000. For any fiscal year in which the total amount that would be made available under this section would exceed $12,000,000 except for the provisions of this paragraph, the Administrator shall provide that each agency shall receive the same percentage of $12,000,000 as the agency would have received of the total amount that would have been made available without the limitation of this paragraph.". (2) If any payment is made to State or local approving agencies with respect to activities carried out under subchapter I of chapter 36 of title 38, United States Code, for fiscal year 1988 before the date of the enactment of this Act and from an account other than the account used for payment of readjustment benefits, the account from which such payment was made shall be reimbursed from the account used for payment of readjustment benefits. (b) EMPLOYMENT STANDARDS.—(1) Subchapter I of chapter 36 is amended— (A) by inserting the following new section after section 1774: "§ 1774A. Evaluations of agency performance; qualincations and performance of agency personnel "(a) The Administrator shall— "(I)(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

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