Page:United States Statutes at Large Volume 102 Part 1.djvu/611

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PUBLIC LAW 100-323—MAY 20, 1988

102 STAT. 573

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 (B) by inserting after the item for section 1774 in the table of sections for such subchapter the following: "1774A. Evaluations of agency performance; qualifications and performance of agency personnel".

(2) For purposes of implementing the amendments made by paragraph (D— (A) the Administrator of Veterans' Affairs shall, within 120 days after the date of the enactment of this Act, publish prototype standards developed under section 1774A(a)(5) of title 38, United States Code, as added by paragraph (1); (B) each State approving agency shall, within 1 year after the Administrator has published prototype standards under subparagraph (A), submit to the Administrator of Veterans' Affairs a copy of the standards to be implemented by such agency under section 1774A(b)(l)(A) of such title; and (C) the Administrator may, within 30 days after receiving such standards from an agency, provide comments to the agency, especially with regard to whether the State's standards are consistent with the prototype standards developed by the Administrator under section 1774A(a)(5) of such title. (3) None of the qualification standards implemented pursuant to the amendments made by paragraph (1) 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. (4) Section 1771(b)(1) is amended by striking out "approving agency," the first place it appears and inserting in lieu thereof "approving agency, or fails to enter into an agreement under section 1774(a),". (5) Section 1774(a)(l), as amended by subsection (a)(1) of this section, is amended— (A) by striking out "chapters 34 and 35 of this title" the first place it appears in the hrst sentence and inserting in lieu thereof "chapters 30 through 35 of this title and chapters 106 and 107 of title 10"; (B) by striking out "chapters 34 and 35 of this title" the second place it appears in the first sentence and where it apppears in the second sentence and inserting in lieu thereof "such chapters"; and (C) by striking out "chapter 32, 34, 35, or 36 of this title" in the third sentence and inserting in lieu thereof "such chapters".

38 USC 1774A note.

38 USC 1774A note.

contracts.

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