§4112 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary of Labor, through the Assistant Secretary for Veterans’ Employment and Training, must create rules for state programs that give performance incentive awards under section 4102A(c)(2)(A)(i)(III). The rules must aim to improve and modernize veteran employment, training, and placement services and to honor employees or offices that do excellent work or show clear improvements. The Secretary must write the rules after talking with State and local officials and other service providers, and the rules must match the performance measures in section 4102A(b)(7). Awards can be cash or other nonmoney prizes the Secretary allows. Cash awards must come from amounts set aside for the State under section 4102A(c)(7). Cash given to an eligible employee is extra pay on top of regular salary. Cash given to an employment service office can be used for any purpose. Eligible employees are: a disabled veterans’ outreach program specialist; a local veterans’ employment representative; or someone who gives employment, training, or placement help to veterans under the Workforce Investment Act of 1998 or through an employment service delivery system (see section 4101(7)).

Title 38, §4112

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)For purposes of carrying out a program of performance incentive awards under section 4102A(c)(2)(A)(i)(III) of this title, the Secretary, acting through the Assistant Secretary of Labor for Veterans’ Employment and Training, shall establish criteria for performance incentive awards programs to be administered by States to—

(A)encourage the improvement and modernization of employment, training, and placement services provided under this chapter; and

(B)recognize eligible employees and employment service offices for excellence in the provision of such services or for having made demonstrable improvements in the provision of such services.

(2)The Secretary shall establish such criteria in consultation with representatives of States, political subdivisions of States, and other providers of employment, training, and placement services under the Workforce Investment Act of 1998 11 See References in Text note below. consistent with the performance measures established under section 4102A(b)(7) of this title.

(b)Under the criteria established by the Secretary for performance incentive awards to be administered by States, an award under such criteria may be a cash award or such other nonfinancial awards as the Secretary may specify.

(c)Performance incentive cash awards under this section—

(1)shall be made from amounts allocated from the grant or contract amount for a State for a program year under section 4102A(c)(7) of this title;

(2)in the case of such an award made to an eligible employee, shall be in addition to the regular pay of the recipient; and

(3)in the case of such an award made to an employment service office, may be used by that employment service office for any purpose.

(d)In this section, the term “eligible employee” means any of the following:

(1)A disabled veterans’ outreach program specialist.

(2)A local veterans’ employment representative.

(3)An individual providing employment, training, and placement services to veterans under the Workforce Investment Act of 1998 1 or through an employment service delivery system (as defined in section 4101(7) of this title).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Workforce Investment Act of 1998, referred to in subsecs. (a)(2) and (d)(3), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a),

July 22, 2014, 128 Stat. 1703, 1705, effective

July 1, 2015. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128,

July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see

Short Title

note set out under section 3101 of this title and Tables.

Prior Provisions

A prior section 4112, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 89–785, title I, § 109(a), Nov. 7, 1966, 80 Stat. 1370; Pub. L. 93–82, title II, § 205(b), Aug. 2, 1973, 87 Stat. 192; Pub. L. 94–581, title I, § 110(8), title II, §§ 209(b)(3), 210(c)(6), Oct. 21, 1976, 90 Stat. 2849, 2861, 2864; Pub. L. 96–151, title III, § 305, Dec. 20, 1979, 93 Stat. 1096; Pub. L. 96–330, title I, § 115, Aug. 26, 1980, 94 Stat. 1039; Pub. L. 98–223, title II, § 209, Mar. 2, 1984, 98 Stat. 44; Pub. L. 100–322, title II, § 224,

May 20, 1988, 102 Stat. 532, related to special medical advisory group and other advisory bodies, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3),

May 7, 1991, 105 Stat. 210. See section 7312 and 7313 of this title.

Amendments

2006—Subsec. (a)(1)(B). Pub. L. 109–461, § 603(a)(1), inserted “and employment service offices” after “recognize eligible employees”. Subsec. (c). Pub. L. 109–461, § 603(b), substituted “Administration and Use of Awards” for “Relationship of Award to Grant Program and Employee Compensation” as heading. Subsec. (c)(2). Pub. L. 109–461, § 603(a)(2)(B)(i), substituted “in the case of such an award made to an eligible employee, shall be” for “is”. Subsec. (c)(3). Pub. L. 109–461, § 603(a)(2)(A), (B)(ii), (C), added par. (3).

§4112 Performance incentive awards for quality employment, training, and placement services