38 U.S.C. § 4112 — Performance incentive awards for quality

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 of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.)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- tation of the Workforce Investment Act of 1998 that in- cludes the description and information described in paragraphs (8) and (14) of section 112(b) of the Work- force Investment Act of 1998 (29 U.S.C. 2822(b))’’. 2006—Pub. L. 109–233 substituted ‘‘implementation of the Workforce Investment Act of 1998’’ for ‘‘implemen- tation of this Act’’ and inserted ‘‘(29 U.S.C. 2822(b))’’ be- fore period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. [§ 4111. Repealed. Pub. L. 107–95, § 5(e)(3), Dec. 21, 2001, 115 Stat. 918] Section, added Pub. L. 106–117, title IX, § 901(a), Nov. 30, 1999, 113 Stat. 1586, related to homeless veterans’ re- integration programs. Editorial Notes PRIOR PROVISIONS Prior section 4111, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 87–793, § 804, Oct. 11, 1962, 76 Stat. 861; Pub. L. 89–785, title I, § 108, Nov. 7, 1966, 80 Stat. 1370; Pub. L. 98–160, title II, § 206, Nov. 21, 1983, 97 Stat. 1001, related to appointment of additional employees, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7408 of this title. § 4112. Performance incentive awards for quality employment, training, and placement serv- ices (a) CRITERIA FOR PERFORMANCE INCENTIVE AWARDS.—(1) For purposes of carrying out a pro- gram of performance incentive awards under section 4102A(c)(2)(A)(i)(III) of this title, the Secretary, acting through the Assistant Sec- retary of Labor for Veterans’ Employment and Training, shall establish criteria for perform- ance incentive awards programs to be adminis- tered by States to— (A) encourage the improvement and mod- ernization of employment, training, and place- ment services provided under this chapter; and (B) recognize eligible employees and employ- ment service offices for excellence in the pro- vision of such services or for having made de- monstrable 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 pro- viders of employment, training, and placement services under the Workforce Investment Act of 1998 1 consistent with the performance measures established under section 4102A(b)(7) of this title. (b) FORM OF AWARDS.—Under the criteria es- tablished by the Secretary for performance in- centive awards to be administered by States, an award under such criteria may be a cash award or such other nonfinancial awards as the Sec- retary may specify. (c) ADMINISTRATION AND USE OF AWARDS.—Per- formance incentive cash awards under this sec- tion— (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 pur- pose. (d) ELIGIBLE EMPLOYEE DEFINED.—In this sec- tion, the term ‘‘eligible employee’’ means any of the following: (1) A disabled veterans’ outreach program specialist. (2) A local veterans’ employment representa- tive. (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). (Added Pub. L. 107–288, § 3(a), Nov. 7, 2002, 116 Stat. 2037; amended Pub. L. 109–461, title VI, § 603, Dec. 22, 2006, 120 Stat. 3437.) Page 980 TITLE 38—VETERANS’ BENEFITS § 4113 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, effec- tive 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 classi- fication of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under sec- tion 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 ad- visory bodies, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7312 and 7313 of this title. AMENDMENTS 2006—Subsec. (a)(1)(B). Pub. L. 109–461, § 603(a)(1), in- serted ‘‘and employment service offices’’ after ‘‘recog- nize eligible employees’’. Subsec. (c). Pub. L. 109–461, § 603(b), substituted ‘‘Ad- ministration 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), sub- stituted ‘‘in the case of such an award made to an eligi- ble employee, shall be’’ for ‘‘is’’. Subsec. (c)(3). Pub. L. 109–461, § 603(a)(2)(A), (B)(ii), (C), added par. (3). § 4113. Transition Assistance Program personnel (a) REQUIREMENT TO CONTRACT.—In accordance with section 1144 of title 10, the Secretary shall enter into a contract with an appropriate pri- vate entity or entities to provide the functions described in subsection (b) at all locations where the program described in such section is carried out. (b) FUNCTIONS.—Contractors under subsection (a) shall provide to members of the Armed Forces who are being separated from active duty (and the spouses of such members) the services described in section 1144(a)(1) of title 10, includ- ing the following: (1) Counseling. (2) Assistance in identifying employment and training opportunities and help in obtain- ing such employment and training. (3) Assessment of academic preparation for enrollment in an institution of higher learning or occupational training. (4) Other related information and services under such section. (5) Such other services as the Secretary con- siders appropriate. (Added Pub. L. 108–183, title III, § 309(a)(1), Dec. 16, 2003, 117 Stat. 2663; amended Pub. L. 109–233, title IV, § 402(e)(2), June 15, 2006, 120 Stat. 411; Pub. L. 112–56, title II, § 223(a)(1), Nov. 21, 2011, 125 Stat. 717.) Editorial Notes PRIOR PROVISIONS A prior section 4113, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 89–785, title I, § 110, Nov. 7, 1966, 80 Stat. 1371; Pub. L. 94–581, title I, § 110(9), title II, § 209(a)(5), (c)(5), Oct. 21, 1976, 90 Stat. 2849, 2860, 2862, re- lated to travel expenses of employees prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7424 of this title. AMENDMENTS 2011—Pub. L. 112–56 amended section generally. Prior to amendment, section related to outstationing of Transition Assistance Program personnel. 2006—Subsec. (a)(2). Pub. L. 109–233 substituted ‘‘sec- tion 6304(a)’’ for ‘‘section 7723(a)’’. Statutory Notes and Related Subsidiaries DEADLINE FOR IMPLEMENTATION Pub. L. 112–56, title II, § 223(b), Nov. 21, 2011, 125 Stat. 718, provided that: ‘‘The Secretary of Labor shall enter into the contract required by section 4113 of title 38, United States Code, as added by subsection (a), not later than two years after the date of the enactment of this Act [Nov. 21, 2011].’’ Pub. L. 108–183, title III, § 309(b), Dec. 16, 2003, 117 Stat. 2663, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2003], the Secretary of Labor shall implement section 4113 of title 38, United States Code, as added by subsection (a), and shall have employees of the Veterans’ Employment and Training Service, or contractors, to carry out that sec- tion at the military installations involved by such date.’’ § 4114. Credentialing and licensure of veterans: demonstration project (a) DEMONSTRATION PROJECT AUTHORIZED.—The Assistant Secretary for Veterans’ Employment and Training shall carry out a demonstration project on credentialing in accordance with this section for the purpose of facilitating the seam- less transition of members of the Armed Forces from service on active duty to civilian employ- ment. (b) IDENTIFICATION OF MILITARY OCCUPATIONAL SPECIALTIES AND ASSOCIATED CREDENTIALS AND LICENSES.—(1) The Assistant Secretary for Vet- erans’ Employment and Training shall, in con- sultation with the Assistant Secretary for Em- ployment and Training, select not more than five military occupational specialties for pur- poses of the demonstration project. Each spe- cialty so selected by the Assistant Secretary for Veterans’ Employment and Training shall re- quire a skill or set of skills that is required for civilian employment in an industry with high growth or high worker demand. (2) The Assistant Secretary shall enter into a contract with an appropriate entity rep- resenting a coalition of State governors to con- sult with appropriate Federal, State, and indus- try officials and identify requirements for cre- dentials, certifications, and licenses that require a skill or set of skills required by a military oc- cupational specialty selected under paragraph (1). (3) The Assistant Secretary shall analyze the requirements identified under paragraph (2) to