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38 U.S.C. § 4112 — Performance incentive awards for quality employment, training, and placement services
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for Performance Incentive Awards.—**
(1) For purposes of carrying out a program of performance incentive awards under [section 4102A(c)(2)(A)(i)(III) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/c/2/A/i/III&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/b/7&num=0&edition=prelim).
**(b) Form of Awards.—** 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) Administration and Use of Awards.—** 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 thi
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Source file: Laws/federal/codes/united-states-code/title-38/section-4112-performance-incentive-awards-for-quality-employment-training-and-placeme--c37098d414.md
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Source location: Title 38, Chapter 41, § 4112; chapter-041-job-counseling-training-and-placement-service-for-veterans.md
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**(a) Criteria for Performance Incentive Awards.—**
(1) For purposes of carrying out a program of performance incentive awards under [section 4102A(c)(2)(A)(i)(III) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/c/2/A/i/III&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/b/7&num=0&edition=prelim).
**(b) Form of Awards.—** 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) Administration and Use of Awards.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/c/7&num=0&edition=prelim);
(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) Eligible Employee Defined.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4101/7&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(10) 11 So in original. Probably should be “(1)”. The term “emergency situation” has the meaning given such term in [section 3601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim).
(2) The term “employment handicap” means an impairment, resulting in substantial part from a disability described in [section 3102(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/1/A&num=0&edition=prelim), of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests.
(3) The term “independence in daily living” means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within such veteran’s family and community.
(4) The term “program of education” has the meaning provided in [section 3452(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3452/b&num=0&edition=prelim).
(5) The term “program of independent living services and assistance” includes (A) the services provided for in this chapter that are needed to enable a veteran to achieve independence in daily living, including such counseling, diagnostic, medical, social, psychological, and educational services as are determined by the Secretary to be needed for such veteran to achieve maximum independence in daily living, and (B) the assistance authorized by this chapter for such veteran.
(6) The term “rehabilitated to the point of employability” means rendered employable in an occupation for which a vocational rehabilitation program has been provided under this chapter.
(7) The term “rehabilita
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Position of Assistant Secretary of Labor for Veterans’ Employment and Training.—**
(1) There is established within the Department of Labor an Assistant Secretary of Labor for Veterans’ Employment and Training, appointed by the President by and with the advice and consent of the Senate, who shall formulate and implement all departmental policies and procedures to carry out (A) the purposes of this chapter, chapter 42, and chapter 43 of this title, and (B) all other Department of Labor employment, unemployment, and training programs to the extent they affect veterans.
(2) The employees of the Department of Labor administering chapter 43 of this title shall be administratively and functionally responsible to the Assistant Secretary of Labor for Veterans’ Employment and Training.
(3)
(A) There shall be within the Department of Labor a Deputy Assistant Secretary of Labor for Veterans’ Employment and Training. The Deputy Assistant Secretary shall perform such functions as the Assistant Secretary of Labor for Veterans’ Employment and Training prescribes.
(B) No individual may be appointed as a Deputy Assistant Secretary of Labor for Veterans’ Employment and Training unless the individual has at least five years of service in a management position as an employee of the Federal civil service or comparable service in a management position in the Armed Forces. For purposes of determining such service of an individual, there shall be excluded any service described in subparagraphs (A), (B), and (C) of [section 308(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section308/d/2&num=0&edition=prelim).
**(b) Program Functions.—** The Secretary shall carry out the following functions:
(1) Except as expressly pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4102A
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall establish administrative controls for the following purposes:
(1) To insure that each eligible veteran, especially veterans of the Vietnam era and disabled veterans, and each eligible person who requests assistance under this chapter shall promptly be placed in a satisfactory job or job training opportunity or receive some other specific form of assistance designed to enhance such veteran’s and eligible person’s employment prospects substantially, such as individual job development or intensive services.
(2) To determine whether or not the employment service agencies in each State have committed the necessary staff to insure that the provisions of this chapter are carried out; and to arrange for necessary corrective action where staff resources have been determined by the Secretary to be inadequate.
**(b)** The Secretary shall apply performance standards established under [section 4102A(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/f&num=0&edition=prelim) for determining compliance by the State public employment service agencies with the provisions of this chapter and chapter 42 of this title. Not later than February 1 of each year, the Secretary shall report to the Committees on Veterans’ Affairs of the Senate and the House of Representatives on the performance of States and organizations and entities carrying out employment, training, and placement services under this chapter, as measured under subsection (b)(7) of [section 4102A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102a&num=0&edition=prelim). In the case of a State that the Secretary determines has not met the minimum standard of performance (established by the Secretary under su
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Federal law — U.S. Code and appendices · legal_authorities
Page 979
TITLE 38—VETERANS’ BENEFITS
§ 4112
1 See References in Text note below.
tunity Act that includes the descriptions de-
scribed in sections 102(b)(2)(B)(ii) and 103(b)(3)(A)
of the Workforce Innovation and Opportunity
Act and a description of how the State board
will carry out the activities described in section
101(d)(3)(F) of such Act.
(Added Pub. L. 105–220, title III, § 322, Aug. 7,
1998, 112 Stat. 1087; amended Pub. L. 109–233, title
V, § 503(13), June 15, 2006, 120 Stat. 417; Pub. L.
113–128, title V, § 512(gg)(4), July 22, 2014, 128
Stat. 1719.)
Editorial Notes
REFERENCES IN TEXT
The Workforce Innovation and Opportunity Act, re-
ferred to in text, is Pub. L. 113–128, July 22, 2014, 128
Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of
Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of
Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Edu-
cation, and made amendments to numerous other sec-
tions and notes in the Code. Sections 101(d)(3)(F),
102(b)(2)(B)(ii), and 103(b)(3)(A) of the Act are classified
to
sections
3111(d)(3)(F),
3112(b)(2)(B)(ii),
and
3113(b)(3)(A), respectively, of Title 29. For complete
classification of this Act to the Code, see Short Title
note set out under section 3101 of Title 29 and Tables.
AMENDMENTS
2014—Pub. L. 113–128 substituted ‘‘enter into an agree-
ment with the Secretary regarding the implementation
of the Workforce Innovation and Opportunity Act that
includes
the
descriptions
described
in
sections
102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innova-
tion and Opportunity Act and a description of how the
State board will carry out the activities described in
section 101(d)(3)(F) of such Act’’ for ‘‘enter into an
agreement with the Secretary regarding the implemen-
tat
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