§ 4101. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 4101

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1221, § 2010

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1221, § 2010

2. 1966

   Veterans

   Pub. L. 89–358 § 6(c)(1) · 80 Stat. 12

   Inserted · 38 U.S.C. § 4101

   Pub. L. 89–358 inserted “or of service after January 31, 1955” after “veterans of any war”

   Source evidence

   Code amendment note
   Pub. L. 89–358 inserted “or of service after January 31, 1955” after “veterans of any war”.

   Enacted provision · exact public law section
   (1) Section 2001 of title 38, United States Code, clauses (3) and 76 Stat. 558. (5) of section 2002 of such title, and sections 2003 and 2004 of such title are amended by inserting the phrase “or of service after January 31, 1955” immediately after the phrase “veterans of any war” each time such phrase appears therein.

3. 1972

   Veterans’ Employment and Readjustment Act of 1972

   Pub. L. 92–540 title V § 502(a) · 86 Stat. 1074

   Substituted · 38 U.S.C. § 4101

   Pub. L. 92–540 substituted provisions defining “eligible veteran” and “State”, for provisions stating the Congressional declaration of purpose

   Source evidence

   Code amendment note
   Pub. L. 92–540 substituted provisions defining “eligible veteran” and “State”, for provisions stating the Congressional declaration of purpose.

   Enacted provision · exact public law section
   (a) Chapter 41 of title 38, United States Code, is amended to read as follows: “Chapter 41.— JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS “Sec. “2001. Definitions. “2002. Purpose. “2003. Assignment of veterans’ employment representative. “2004. Employees of local offices. “2005. Cooperation of Federal agencies. “2006. Estimate of funds for administration; authorization of appropriations. “2007. Administrative controls; annual report. “2008. Cooperation and coordination with the Veterans’ Administration. “§2001. Definitions “For the purposes of this chapter— “(1) The term ‘eligible veteran’ means 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. “(2) 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, and the Trust Territory of the Pacific Islands. “§2002. Purpose “The Congress declares as its intent and purpose that there shall be an effective (1) job and job training counseling service program, (2) employment placement service program, and (3) job training placement service program for eligible veterans and that, to this end policies shall be promulgated and administered through a Veterans Employment Service within the Department of Labor, so as to provide such veterans the maximum of employment and training opportunities through existing programs, coordination and merger of programs and implementation of new programs. “§2003. Assignment of veterans’ employment representative “The Secretary of Labor shall assign to each State a representative of the Veterans’ Employment Service to serve as the veterans’ employment representative, and shall further assign to each State one assist-ant veterans’ employment representative per each 250,000 veterans of the State veterans population, and such additional assistant veterans’ employment representatives as he shall determine, based on the data Post, p. 1096. collected pursuant to section 2007 of this title, to be necessary to assist the veterans’ employment representative to carry out effectively in that State the purposes of this chapter. Each veterans’ employment representative and assistant veterans’ employment representative shall be an eligible veteran who at the time of appointment shall have been a bona fide resident of the State for at least two years and who shall be appointed in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 of subchapter III of chapter 53 of such title, relating to classification and 80 Stat. 443, 467. 5 USC 5101, 5331. general schedule pay rates. Each such veterans’ employment representative and assistant veterans’ employment representative shall be attached to the staff of the public employment service in the State to which they have been assigned. They shall be administratively responsible to the Secretary of Labor for the execution of the Secretary’s veterans’ counseling and placement policies through the public employment service and in cooperation with manpower and training programs administered by the Secretary in the State. In cooperation with the public employment service staff and the staffs of each such other program in the State, the veterans’ employment representative and his assistants shall— “(1) be functionally responsible for the supervision of the registration of eligible veterans in local employment offices for suitable types of employment and training and for counseling and placement of eligible veterans in employment and job training programs; “(2) engage in job development and job advancement activities for eligible veterans, including maximum coordination with appropriate officials of the Veterans’ Administration in that agency’s carrying out of its responsibilities under subchapter IV of chapter 3 of this title and in the conduct of job fairs, job marts, 84 Stat. 84. 38 USC 240. and other special programs to match eligible veterans with appropriate job and job training opportunities; “(3) assist in securing and maintaining current information as to the various types of available employment and training opportunities, including maximum use of electronic data processing and telecommunications systems and the matching of an eligible veteran’s particular qualifications with an available job or on-job training or apprenticeship opportunity which is commensurate with those qualifications; “(4) promote the interest of employers and labor unions in employing eligible veterans and in conducting on-job training and apprenticeship programs for such veterans; “(5) maintain regular contact with employers, labor unions, training programs and veterans’ organizations with a view to keeping them advised of eligible veterans available for employment and training and to keeping eligible veterans advised of opportunities for employment and training; and “(6) assist in every possible way in improving working conditions and the advancement of employment of eligible veterans. “§2004. Employees of local offices “Except as may be determined by the Secretary of Labor based on a demonstrated lack of need for such services, there shall be assigned by the administrative head of the employment service in each State one or more employees, preferably eligible veterans, on the staffs of local employment service offices, whose services shall be fully devoted to discharging the duties prescribed for the veterans’ employment representative and his assistants. “§2005. Cooperation of Federal agencies “All Federal agencies shall furnish the Secretary of Labor such records, statistics, or information as he may deem necessary or appropriate in administering the provisions of this chapter, and shall otherwise cooperate with the Secretary in providing continuous employment and training opportunities for eligible veterans. “§2006. Estimate of funds for administration; authorization of appropriations “(a) The Secretary of Labor shall estimate the funds necessary for the proper and efficient administration of this chapter. Such estimated sums shall include the annual amounts necessary for salaries, rents, printing and binding, travel, and communications. Sums thus estimated shall be included as a special item in the annual budget for the Department of Labor. Estimated funds necessary for proper counseling, placement, and training services to veterans provided by the various State public-employment service agencies shall be separately identified in the budgets of those agencies as approved by the Department of Labor. “(b) There are authorized to be appropriated such sums as may be necessary for the proper and efficient administration of this chapter. “(c) In the event that the regular appropriations Act making appropriations for administrative expenses for the Department of Labor with respect to any fiscal year does not specify an amount for the purposes specified in subsection (b) of this section for that fiscal year, then of the amounts appropriated in such Act there shall be available only for the purposes specified in subsection (b) of this section such amount as was set forth in the budget estimate submitted pursuant to subsection (a) of this section. “(d) Any funds made available pursuant to subsections (b) and (c) of this section shall not be available for any purpose other than those specified in such subsections, except with the approval of the Secretary of Labor based on a demonstrated lack of need for such funds for such purposes. “§2007. Administrative controls; annual report “(a) The Secretary of Labor shall establish administrative controls for the following purposes: “(1) To insure that each eligible veteran, especially those veterans who have been recently discharged or released from active duty, 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 his employment prospects substantially, such as individual job development or employment counseling 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 of Labor to be inadequate. “(b) The Secretary of Labor shall report annually to the Congress on the success of the Department of Labor and its affiliated State employment service agencies in carrying out the provisions of this chapter. The report, shall include, by State, the number of recently discharged or released eligible veterans, veterans with service-connected disabilities, and other eligible veterans who requested assistance through the public employment service and, of these, the number placed in suitable employment or job training opportunities or who were otherwise assisted, with separate reference to occupational training under appropriate Federal law. The report shall also include any determination by the Secretary under section 2004 or 2006 of this title and a statement of the reasons for such determination. “§2008. Cooperation and coordination with the Veterans’ Administration “In carrying out his responsibilities under this chapter, the Secretary of Labor shall from time to time consult with the Administrator’ and keep him fully advised of activities carried out and all data gathered pursuant to this chapter to insure maximum cooperation and coordination between the Department of Labor and the Veterans’ Administration.”

4. 1974

   Vietnam Era Veterans’ Readjustment Assistance Act of 1974

   Pub. L. 93–508 title IV § 401(a) · 88 Stat. 1578

   1. Added · 38 U.S.C. § 4101(2); 38 U.S.C. § 4101(3)

      Pub. L. 93–508 added par. (2)

   2. Redesignated · 38 U.S.C. § 4101(2); 38 U.S.C. § 4101(3)

      Pub. L. 93–508 redesignated former par. (2) as (3)

   Source evidence

   Code amendment note
   Pars. (2), (3). Pub. L. 93–508 added par. (2) and redesignated former par. (2) as (3).

   Enacted provision · exact public law section
   (a) Section 2001 is amended by redesignating paragraph (2) as paragraph (3) and adding after paragraph (1) a new paragraph (2) as follows: “Eligible person.” “(2) 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.”.

5. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 503(1) · 94 Stat. 2171

   Substituted · 38 U.S.C. § 4101(1)

   Pub. L. 96–466, § 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

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 96–466, § 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.

   Enacted provision · exact public law section
   (1) amending paragraph (1) to read as follows: “(1) The term ‘special disabled veteran’ has the same meaning provided in section 2011(1) of this title.”; and Post, p. 2206.

6. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 503(2) · 94 Stat. 2171

   Redesignated · 38 U.S.C. § 4101(2)(4)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively, and inserting after paragraph (1) the following new paragraphs: “(2) The term ‘veteran of the Vietnam era’ has the same meaning provided in section 2011(2) of this title. “(3) The term ‘disabled veteran’ has the same meaning provided in section 2011(3) of this title. “(4) The term ‘eligible veteran’ has the same meaning provided in section 2011(4) of this title.”.

7. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title V § 503 · 94 Stat. 2171

   1. Redesignated · 38 U.S.C. § 4101(5)

      Pub. L. 96–466, §§ 503(2), 801(h)(1), redesignated former par. (2) as (5)

   2. Substituted · 38 U.S.C. § 4101(5)

      Pub. L. 96–466, §§ 503(2), 801(h)(1), substituted “The term” for “the term”

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 503. eligibility for job counseling, training, and placement services Section 2001 is amended by— (1) amending paragraph (1) to read as follows: “(1) The term ‘special disabled veteran’ has the same meaning provided in section 2011(1) of this title.”; and Post, p. 2206. (2) redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively, and inserting after paragraph (1) the following new paragraphs: “(2) The term ‘veteran of the Vietnam era’ has the same meaning provided in section 2011(2) of this title. “(3) The term ‘disabled veteran’ has the same meaning provided in section 2011(3) of this title. “(4) The term ‘eligible veteran’ has the same meaning provided in section 2011(4) of this title.”.

8. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title V § 503 · 94 Stat. 2171

   1. Redesignated · 38 U.S.C. § 4101(6)

      Pub. L. 96–466, §§ 503(2), 801(h)(2), redesignated former par. (3) as (6)

   2. Inserted · 38 U.S.C. § 4101(6)

      Pub. L. 96–466, §§ 503(2), 801(h)(2), inserted “the Commonwealth of the Northern Marianas Islands,” after “the Virgin Islands,”

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 503. eligibility for job counseling, training, and placement services Section 2001 is amended by— (1) amending paragraph (1) to read as follows: “(1) The term ‘special disabled veteran’ has the same meaning provided in section 2011(1) of this title.”; and Post, p. 2206. (2) redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively, and inserting after paragraph (1) the following new paragraphs: “(2) The term ‘veteran of the Vietnam era’ has the same meaning provided in section 2011(2) of this title. “(3) The term ‘disabled veteran’ has the same meaning provided in section 2011(3) of this title. “(4) The term ‘eligible veteran’ has the same meaning provided in section 2011(4) of this title.”.

9. 1988

   Veterans’ Employment, Training, and Counseling Amendments of 1988

   Pub. L. 100–323 · 102 Stat. 556

   Added · 38 U.S.C. § 4101(7); 38 U.S.C. § 4101(8)

   Pub. L. 100–323 added pars. (7) and (8)

   Source evidence

   Code amendment note
   Pars. (7), (8). Pub. L. 100–323 added pars. (7) and (8).

10. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 4101

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

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 2001 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

11. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 4101(1)(4)

       Pub. L. 102–83, § 5(c)(1), substituted “4211(1)” for “2011(1)” in par. (4)

    2. Substituted · 38 U.S.C. § 4101(1)(4)

       Pub. L. 102–83, § 5(c)(1), substituted “4211(2)” for “2011(2)” in par. (4)

    3. Substituted · 38 U.S.C. § 4101(1)(4)

       Pub. L. 102–83, § 5(c)(1), substituted “4211(3)” for “2011(3)” in par. (4)

    4. Substituted · 38 U.S.C. § 4101(1)(4)

       Pub. L. 102–83, § 5(c)(1), substituted “4211(4)” for “2011(4)” in par. (4)

    Source evidence

    Code amendment note
    Pars. (1) to (4). Pub. L. 102–83, § 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).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

12. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 5(c)(1) · 116 Stat. 2033

    Amended · 38 U.S.C. § 4101(7)

    Pub. L. 107–288, § 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.”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 107–288, § 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.”

    Enacted provision · exact public law section
    (1) Section 4101(7) is amended to read as follows: “(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.”.

13. 2002

    Jobs for 38 usc 101 note. Veterans Act

    Pub. L. 107–288 § 5(a)(1)(A) · 116 Stat. 2033

    Added · 38 U.S.C. § 4101(9)

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

    Source evidence

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

    Enacted provision · exact public law section
    (A) Section 4101 is amended by adding at the end the following new paragraph: “(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.”.

14. 2014

    Workforce Innovation and Opportunity Act

    Pub. L. 113–128 title V § 512(gg)(1) · 128 Stat. 1425

    Substituted · 38 U.S.C. § 4101(9)

    Pub. L. 113–128 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”

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 113–128 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”.

    Enacted provision · exact public law section
    (1) Section 4101(9) of title 38 of the United States Code is amended by striking “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” and inserting “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”.

    Effective date note
    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.

18 of 20 references resolved to an enrolled provision · 2 partial