§ 4101. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4101]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
Sec. 4101. Definitions
For the purposes of this chapter--
(1) The term ``special disabled veteran'' has the same meaning
provided in section 4211(1) of this title.
(2) The term ``veteran of the Vietnam era'' has the same meaning
provided in section 4211(2) of this title.
(3) The term ``disabled veteran'' has the same meaning provided
in section 4211(3) of this title.
(4) The term ``eligible veteran'' has the same meaning provided
in section 4211(4) of this title.
(5) The term ``eligible person'' means--
(A) the spouse of any person who died of a service-connected
disability,
(B) the spouse of any member of the Armed Forces serving on
active duty who, at the time of application for assistance under
this chapter, is listed, pursuant to section 556 of title 37 and
regulations issued thereunder, by the Secretary concerned in one
or more of the following categories and has been so listed for a
total of more than ninety days: (i) missing in action, (ii)
captured in line of duty by a hostile force, or (iii) forcibly
detained or interned in line of duty by a foreign government or
power, or
(C) the spouse of any person who has a total disability
permanent in nature resulting from a service-connected
disability or the spouse of a veteran who died while a
disability so evaluated was in existence.
(6) The term ``State'' means each of the several States of the
United States, the District of Columbia, and the Commonwealth of
Puerto Rico, and may include, to the extent determined necessary and
feasible, Guam, American Samoa, the Virgin Islands, the Commonwealth
of the Northern Marianas Islands, and the Trust Territory of the
Pacific Islands.
(7) The term ``employment service delivery system'' means a
service delivery system at which or through which labor exchange
services, including employment, training, and placement services,
are offered in accordance with the Wagner-Peyser Act.
(8) The term ``Secretary'' means the Secretary of Labor.
(9) The term ``intensive services'' means local employment and
training services of the type described in section 134(d)(3) of the
Workforce Investment Act of 1998.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1221, Sec. 2010; renumbered
Sec. 2001, Pub. L. 87-675, Sec. 1(a), Sept. 19, 1962, 76 Stat. 558;
amended Pub. L. 89-358, Sec. 6(c)(1), Mar. 3, 1966, 80 Stat. 27; Pub. L.
92-540, title V, Sec. 502(a), Oct. 24, 1972, 86 Stat. 1094; Pub. L. 93-
508, title IV, Sec. 401(a), Dec. 3, 1974, 88 Stat. 1592; Pub. L. 96-466,
title V, Sec. 503, title VIII, Sec. 801(h), Oct. 17, 1980, 94 Stat.
2203, 2216; Pub. L. 100-323, Secs. 3(b), 15(a)(1), May 20, 1988, 102
Stat. 562, 574; renumbered Sec. 4101 and amended Pub. L. 102-83,
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107-288,
Sec. 5(a)(1)(A), (c)(1), Nov. 7, 2002, 116 Stat. 2044, 2045.)
References in Text
The Wagner-Peyser Act, referred to in par. (7), is act June 6, 1933,
ch. 49, 48 Stat. 113, as amended, which is classified generally to
chapter 4B (Sec. 49 et seq.) of Title 29, Labor. For complete
classification of this Act to the Code, see Short Title note set out
under section 49 of Title 29 and Tables.
Section 134(d)(3) of the Workforce Investment Act of 1998, referred
to in par. (9), is classified to section 2864(d)(3) of Title 29, Labor.
Prior Provisions
Prior section 4101, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1243;
Pub. L. 89-785, title I, Sec. 101, Nov. 7, 1966, 80 Stat. 1368; Pub. L.
93-82, title II, Sec. 201, Aug. 2, 1973, 87 Stat. 187; Pub. L. 94-581,
title II, Secs. 205(a), 209(a)(1), (3), 210(c)(1), Oct. 21, 1976, 90
Stat. 2857, 2860, 2863; Pub. L. 96-330, title I, Sec. 105(a), title III,
Sec. 302, title IV, Sec. 408, Aug. 26, 1980, 94 Stat. 1036, 1048, 1053;
Pub. L. 97-295, Sec. 4(80), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98-
528, title I, Sec. 104, Oct. 19, 1984, 98 Stat. 2689; Pub. L. 99-166,
title II, Sec. 202, Dec. 3, 1985, 99 Stat. 950; Pub. L. 100-322, title
I, Sec. 135, May 20, 1988, 102 Stat. 507; Pub. L. 100-687, div. B, title
XV, Sec. 1506(a), Nov. 18, 1988, 102 Stat. 4135, related to functions of
Department of Medicine and Surgery, prior to repeal by Pub. L. 102-40,
title IV, Sec. 401(a)(3), May 7, 1991, 105 Stat. 210. See sections 7301
to 7303, 7314, 7315, 7317, and 7425 of this title.
Amendments
2002--Par. (7). Pub. L. 107-288, Sec. 5(c)(1), amended par. (7)
generally. Prior to amendment, par. (7) read as follows: ``The term
`local employment service office' means a service delivery point which
has an intrinsic management structure and at which employment services
are offered in accordance with the Wagner-Peyser Act.''
Par. (9). Pub. L. 107-288, Sec. 5(a)(1)(A), added par. (9).
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 2001 of this
title as this section.
Pars. (1) to (4). Pub. L. 102-83, Sec. 5(c)(1), substituted
``4211(1)'' for ``2011(1)'' in par. (1), ``4211(2)'' for ``2011(2)'' in
par. (2), ``4211(3)'' for ``2011(3)'' in par. (3), and ``4211(4)'' for
``2011(4)'' in par. (4).
1988--Pars. (7), (8). Pub. L. 100-323 added pars. (7) and (8).
1980--Par. (1). Pub. L. 96-466, Sec. 503(1), substituted provisions
defining ``special disabled veteran'' for provisions that term
``eligible veteran'' meant a person who served in the active military,
naval, or air service and who was discharged or released therefrom with
other than a dishonorable discharge.
Pars. (2) to (4). Pub. L. 96-466, Sec. 503(2), added pars. (2) to
(4). Former pars. (2) and (3) redesignated (5) and (6), respectively.
Par. (5). Pub. L. 96-466, Secs. 503(2), 801(h)(1), redesignated
former par. (2) as (5) and substituted ``The term'' for ``the term''.
Par. (6). Pub. L. 96-466, Secs. 503(2), 801(h)(2), redesignated
former par. (3) as (6) and inserted ``the Commonwealth of the Northern
Marianas Islands,'' after ``the Virgin Islands,''.
1974--Pars. (2), (3). Pub. L. 93-508 added par. (2) and redesignated
former par. (2) as (3).
1972--Pub. L. 92-540 substituted provisions defining ``eligible
veteran'' and ``State'', for provisions stating the Congressional
declaration of purpose.
1966--Pub. L. 89-358 inserted ``or of service after January 31,
1955'' after ``veterans of any war''.
Effective Date of 2002 Amendment
Pub. L. 107-288, Sec. 5(a)(2), Nov. 7, 2002, 116 Stat. 2044,
provided that: ``The amendments made by paragraph (1) [amending this
section and sections 4102, 4106, 4107, and 4109 of this title] shall
take effect on the date of the enactment of this Act [Nov. 7, 2002].''
Pub. L. 107-288, Sec. 5(c)(2), Nov. 7, 2002, 116 Stat. 2045,
provided that: ``The amendments made by paragraph (1) [amending this
section] shall take effect on the date of the enactment of this Act
[Nov. 7, 2002].''
Effective Date of 1980 Amendment
Section 802(e) of Pub. L. 96-466 provided that: ``The amendments
made by title V [see Tables for classification] and the provisions of
sections 512 and 513 [set out as notes under sections 4106 and 4107 of
this title] shall become effective on October 1, 1980.''
Amendment by section 801(h) of Pub. L. 96-466 effective Oct. 1,
1980, see section 802(h) of Pub. L. 96-466, set out as a note under
section 3452 of this title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section 503
of Pub. L. 93-508, set out as a note under section 3452 of this title.
Effective Date of 1972 Amendment
Section 601(b) of Pub. L. 92-540 provided that: ``The provisions of
title V of this Act [see Tables for classification] shall become
effective 90 days after the date of enactment of this Act [Oct. 24,
1972].''
Savings Provision
Section 1(e) of Pub. L. 87-675 provided that: ``Claims for benefits
under [former] sections 2001 through 2009 of chapter 41 of title 38,
United States Code, for any benefit week beginning before January 31,
1960, which claims are pending on the date these sections are repealed
[Sept. 19, 1962], shall be adjudicated in the same manner and with the
same effect as if the sections had not been repealed. For the purpose of
administering the program with respect to such claims, all functions,
powers, and duties conferred upon the Secretary of Labor by sections
2001 through 2009 are continued in effect, and all rules and regulations
established by the Secretary of Labor pursuant to these sections, and in
effect when the sections are repealed, shall remain in full force and
effect until modified or suspended.''
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Employment Assistance and Services for Veterans Ineligible for
Assistance
Pub. L. 96-466, title V, Sec. 512, Oct. 17, 1980, 94 Stat. 2207, as
amended by Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 405(d)(28), (f)(20)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-424,
2681-432, provided that: ``The Secretary of Labor shall assure that any
veteran who is made ineligible for employment assistance under chapter
41 of title 38, United States Code, by virtue of the amendments made by
section 503(1) of this Act [amending this section] shall be provided
with the employment assistance and services made available under the
provisions of the Act entitled `An Act to provide for the establishment
of a national employment system and for cooperation with the States in
the promotion of such system, and for other purposes', approved June 6,
1933 (commonly referred to as the `Wagner-Peyser Act'), (29 U.S.C. 49-
49k), title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et
seq.], and other applicable provisions of law.''
Section Referred to in Other Sections
This section is referred to in sections 4102A, 4112, 4212 of this
title.
