US Code

Public Law 119-87 (04/30/2026)

38 U.S.C. § 4101

Definitions

For the purposes of this chapter—
(1)
section 4211(1) of this title The term “special disabled veteran” has the same meaning provided in .
(2)
section 4211(2) of this title The term “veteran of the Vietnam era” has the same meaning provided in .
(3)
section 4211(3) of this title The term “disabled veteran” has the same meaning provided in .
(4)
section 4211(4) of this title The term “eligible veteran” has the same meaning provided in .
(5)
The term “eligible person” means—
(A)
the spouse of any person who died of a service-connected disability,
(B)
section 556 of title 37 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 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 “career services” means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act.

Pub. L. 85–85772 Stat. 1221 Pub. L. 87–675, § 1(a)76 Stat. 558 Pub. L. 89–358, § 6(c)(1)80 Stat. 27 Pub. L. 92–540, title V, § 502(a)86 Stat. 1094 Pub. L. 93–508, title IV, § 401(a)88 Stat. 1592 Pub. L. 96–466, title V, § 50394 Stat. 2203 Pub. L. 100–323102 Stat. 562 Pub. L. 102–83, § 5(a)105 Stat. 406 Pub. L. 107–288, § 5(a)(1)(A)116 Stat. 2044 Pub. L. 113–128, title V, § 512(gg)(1)128 Stat. 1719 (, , , § 2010; renumbered § 2001, , , ; amended , , ; , , ; , , ; , title VIII, § 801(h), , , 2216; , §§ 3(b), 15(a)(1), , , 574; renumbered § 4101 and amended , (c)(1), , ; , (c)(1), , , 2045; , , .)

Editorial Notes

References in Text

act June 6, 1933, ch. 49 48 Stat. 113 section 49 of Title 29The Wagner-Peyser Act, referred to in par. (7), is , , which is classified generally to chapter 4B (§ 49 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 3174(c)(2) of Title 29Section 134(c)(2) of the Workforce Innovation and Opportunity Act, referred to in par. (9), is classified to , Labor.

Prior Provisions

Pub. L. 85–85772 Stat. 1243 Pub. L. 89–785, title I, § 10180 Stat. 1368 Pub. L. 93–82, title II, § 20187 Stat. 187 Pub. L. 94–581, title II90 Stat. 2857 Pub. L. 96–330, title I, § 105(a)94 Stat. 1036 Pub. L. 97–295, § 4(80)96 Stat. 1311 Pub. L. 98–528, title I, § 10498 Stat. 2689 Pub. L. 99–166, title II, § 20299 Stat. 950 Pub. L. 100–322, title I, § 135102 Stat. 507 Pub. L. 100–687, div. B, title XV, § 1506(a)102 Stat. 4135 Pub. L. 102–40, title IV, § 401(a)(3)105 Stat. 210 Prior section 4101, , , ; , , ; , , ; , §§ 205(a), 209(a)(1), (3), 210(c)(1), , , 2860, 2863; , title III, § 302, title IV, § 408, , , 1048, 1053; , , ; , , ; , , ; , , ; , , , related to functions of Department of Medicine and Surgery, prior to repeal by , , . See sections 7301 to 7303, 7314, 7315, 7317, and 7425 of this title.

Amendments

Pub. L. 113–1282014—Par. (9). substituted “The term ‘career services’ means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act” for “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. 107–288, § 5(c)(1)2002—Par. (7). , 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.”

Pub. L. 107–288, § 5(a)(1)(A)Par. (9). , added par. (9).

Pub. L. 102–83, § 5(a)section 2001 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Pars. (1) to (4). , 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).

Pub. L. 100–3231988—Pars. (7), (8). added pars. (7) and (8).

Pub. L. 96–466, § 503(1)1980—Par. (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.

Pub. L. 96–466, § 503(2)Pars. (2) to (4). , added pars. (2) to (4). Former pars. (2) and (3) redesignated (5) and (6), respectively.

Pub. L. 96–466Par. (5). , §§ 503(2), 801(h)(1), redesignated former par. (2) as (5) and substituted “The term” for “the term”.

Pub. L. 96–466Par. (6). , §§ 503(2), 801(h)(2), redesignated former par. (3) as (6) and inserted “the Commonwealth of the Northern Marianas Islands,” after “the Virgin Islands,”.

Pub. L. 93–5081974—Pars. (2), (3). added par. (2) and redesignated former par. (2) as (3).

Pub. L. 92–5401972— substituted provisions defining “eligible veteran” and “State”, for provisions stating the Congressional declaration of purpose.

Pub. L. 89–3581966— inserted “or of service after ” after “veterans of any war”.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–128section 506 of Pub. L. 113–128section 3101 of Title 29Amendment by effective on the first day of the first full program year after (), see , set out as an Effective Date note under , Labor.

Effective Date of 2002 Amendment

Pub. L. 107–288, § 5(a)(2)116 Stat. 2044

“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 [].”
, , , provided that:

Pub. L. 107–288, § 5(c)(2)116 Stat. 2045

“The amendments made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1980 Amendment

Pub. L. 96–466, title VIII, § 802(e)94 Stat. 2218

“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 .”
, , , provided that:

section 801(h) of Pub. L. 96–466section 802(h) of Pub. L. 96–466section 3452 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1974 Amendment

Pub. L. 93–508section 503 of Pub. L. 93–508section 3452 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1972 Amendment

Pub. L. 92–540, title VI, § 601(b)86 Stat. 1099

“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 [].”
, , , provided that:

Savings Provision

Pub. L. 87–675, § 1(e)76 Stat. 559

“Claims for benefits under [former] sections 2001 through 2009 of chapter 41 of title 38, United States Code, for any benefit week beginning before , which claims are pending on the date these sections are repealed [], 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.”
, , , provided that:

Employment Assistance and Services for Veterans Ineligible for Assistance

Pub. L. 96–466, title V, § 51294 Stat. 2207 Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(28), (f)(20)]112 Stat. 2681–337

29 U.S.C. 49–49k29 U.S.C. 2801“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 (commonly referred to as the ‘Wagner-Peyser Act’), (), title I of the Workforce Investment Act of 1998 [former et seq.], and other applicable provisions of law.”
, , , as amended by , , , 2681–424, 2681–432, provided that:

Executive Documents

Termination of Trust Territory of the Pacific Islands

section 1681 of Title 48For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.