II
110th CONGRESS
1st Session
S. 1290
IN THE SENATE OF THE UNITED STATES
May 3, 2007
Mr. Craig introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
A BILL
To amend title 38, United States Code, to provide additional discretion to the Secretary of Veterans Affairs in contracting with State approving agencies, and for other purposes.
Modification of authorities for State approving agencies
Technical amendment to scope of approval
Section 3670 of title 38, United States Code, is amended—
by striking subsection (b); and
in subsection (a), by striking
(a)
.
Modification of provisions relating to approval of courses
Modification of requirement that standards for programs of apprenticeship be approved under the National Apprenticeship Act
Subsection (c)(1)(A) of
section 3672 of such title is amended by striking pursuant to section 2
of the Act of August 16, 1937 (popularly known as the
.National
Apprenticeship Act
) (29 U.S.C. 50a),
Modification of requirement to promote development of apprenticeship programs
Subsection (d) of such section is amended—
in paragraph (1)—
by striking and State approving
agencies
; and
by striking shall utilize the
services of
and inserting may utilize the services of State
approving agencies and
; and
in paragraph (2), by striking
shall
and inserting may
.
Modification of requirements relating to approval of program of education exclusively by correspondence
Subsection (e) of such section is amended
by striking only if
and all that follows through the period and
inserting under such criteria as the Secretary prescribes pursuant to
section 3675.
.
Restatement of requirement for coordination of approval activities
In general
Subsection (a) of section 3673 of such title is amended to read as follows:
In general
The Secretary shall take appropriate measures to ensure the coordination of approval activities performed by State approving agencies under this chapter and chapters 34 and 35 of this title and approval activities performed by the Department of Labor, the Department of Education, and other entities to reduce overlap and improve efficiency with respect to the activities.
.
Conforming amendments
Such section is further amended—
in subsection (b), by inserting
Furnishing
materials.—
before The Secretary
;
and
in the heading by striking
Cooperation
and inserting
Coordination of approval
activities
.
Clerical amendment
The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3673 and inserting the following:
3673. Coordination of approval activities.
.
Additional discretion for the Secretary of Veterans Affairs for reimbursing State approving agencies for expenses
Section 3674 of such title is amended to read as follows:
Reimbursement of expenses
In general
Subject to subsections (b) and (c), 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 such criteria as the Secretary determines appropriate for activities performed pursuant to this chapter for purposes of chapters 30 through 35 of this title and chapters 1606 and 1607 of title 10.
Each such contract or agreement shall be conditioned upon such terms and conditions as the Secretary determines appropriate for services performed pursuant to this chapter, including the condition that the State approving agency shall collect and report annually to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives information on—
the amount of resources expended on such services performed pursuant to that contract; and
the qualification and performance standards for State approving agency personnel responsible for such services.
Source of payments
Subject to subsection (c), the Secretary shall make payments authorized under subsection (a) to State and local agencies first out of amounts available for the payment of readjustment benefits and then from other amounts made available to make the payments.
Limitation on authorization of appropriations
The total amount authorized and available under this section for any fiscal year may not exceed $19,000,000, except that the total amount made available for purposes of this section from amounts available for the payment of readjustment benefits may not exceed the following:
$19,000,000 for fiscal year 2007.
$13,000,000 for fiscal year 2008, and each subsequent fiscal year.
For any fiscal year in which the total amount that would be made available under this section would exceed the amount applicable to that fiscal year under paragraph (1) except for the provisions of this subsection, the Secretary shall provide that each agency shall receive the same percentage of the amount applicable to that fiscal year under paragraph (1) as the agency would have received of the total amount that would have been made available without the limitation of this subsection.
.
Evaluations of agency performance; qualifications and performance of agency personnel
Section 3674A of such title is amended—
by striking subsection (b);
in subsection (a), by striking
(a)
;
by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively;
by inserting before paragraph (2), as redesignated by paragraph (3) of this subsection, the following new paragraph (1):
establish performance measures—
to assess the effectiveness of all services for which a State approving agency is reimbursed pursuant to section 3674 of this title that are based on the outcomes of the services; and
to assess the effectiveness of the State approving agency in coordinating with other entities, including the Department of Labor and the Department of Education, to reduce overlap and improve efficiency in approval activities;
;
by amending paragraph (2), as redesignated by paragraph (3) of this subsection, to read as follows:
conduct an annual evaluation of each State approving agency on the basis of the performance measures established under paragraph (1);
; and
in paragraph (3), as redesignated by
paragraph (3) of this subsection, by striking under paragraph
(1)
and inserting under paragraph (2)
.
Approval of courses
In general
Section 3675 of such title is amended to read as follows:
Approval of courses
Standards
The Secretary shall establish standards of approval for accredited and nonaccredited courses offered by an educational institution that the Secretary determines are necessary to carry out the provisions of this chapter. Such standards shall be based on the following, as appropriate:
Student achievement.
Curricula, program objectives, and faculty.
Facilities, equipment, and supplies.
Institutional objectives, capacity, and administration.
Student support services.
Recruiting and admissions practices.
Record of student complaints.
Process related requirements, such as application requirements.
Such other criteria as the Secretary considers appropriate.
Approval
A State approving agency may approve courses offered by an educational institution when the standards established under subsection (a) have been satisfied by such educational institution. In performing such approval function, the State approving agency may, to the extent permitted by the Secretary, rely upon determinations made by other entities, including the Department of Labor and the Department of Education.
Disapproval
Approval granted under this section may be revoked by the Secretary or a State approving agency under conditions established by the Secretary.
.
Conforming amendment
Section 3452(h) of such title is amended by
striking an entrepreneurship course (as defined in section 3675(c)(2) of
this title)
and inserting a non-degree, non-credit course of
business education that enables or assists a person to start or enhance a small
business concern (as defined pursuant to section 3(a) of the Small Business Act
(15 U.S.C. 362(a)))
.
Clerical amendment
The table of sections at the beginning of chapter 36 of such title is amended by striking the item related to section 3675 and inserting the following new item:
3675. Approval of courses.
.
Modification of provisions relating to approval of nonaccredited courses
In general
Section 3676 of such title is repealed.
Conforming amendments
Section 3677 of such title is redesignated as section 3676.
Section 3672(d)(1) of such title is amended
by striking sections 3677
and inserting sections
3676
.
Section 3687(a)(2) of such title is amended
by striking section 3677
and inserting section
3676
.
Clerical amendment
The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3676 and inserting the following:
3676. Approval of training on the job.
.
Notice of approval
In general
Section 3678 of such title is amended to read as follows:
Notice of determinations by State approving agencies
A State approving agency shall provide to the Secretary, an educational institution, or such other entities as the Secretary considers appropriate such notification as the Secretary may consider necessary regarding determinations made by the State approving agency pursuant to section 3675 of this title.
.
Conforming amendment
Section 3689(d) of such title is amended by
striking 3678
and inserting 3677
.
Clerical amendment
The table of sections at the beginning of chapter 36 of such title is amended by striking the items relating to section 3677 and 3678 and inserting the following:
3677. Notice of determinations by State approving agencies.
.
Modification of provisions relating to disapproval of courses
In general
Section 3679 of such title is repealed.
Conforming amendment
Section 3689(d) of such title is amended by
striking 3679,
.
Clerical amendment
The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3679.
Effective date
The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this section.