Title 38Veterans' BenefitsRelease 119-73

§4101 Definitions

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 41— - JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS › § 4101

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in this chapter. Special disabled veteran has the same meaning given in section 4211(1) of this title. Veteran of the Vietnam era has the same meaning given in section 4211(2). Disabled veteran has the same meaning given in section 4211(3). Eligible veteran has the same meaning given in section 4211(4). Eligible person means the spouse of someone who died from a service-connected disability; or the spouse of an active-duty service member who, under section 556 of title 37 and its rules, has been listed for a total of more than ninety days as missing in action, captured by a hostile force, or forcibly detained or interned by a foreign power; or the spouse of someone with a total disability permanent in nature from a service-connected disability, or of a veteran who died while such a disability existed. State means the 50 states, the District of Columbia, and Puerto Rico, and may, if needed and feasible, include Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas Islands, and the Trust Territory of the Pacific Islands. Employment service delivery system means a system that offers labor exchange services, including employment, training, and placement services, under the Wagner-Peyser Act. Secretary means the Secretary of Labor. Career services means the local employment and training services described in section 134(c)(2) of the Workforce Innovation and Opportunity Act.

Full Legal Text

Title 38, §4101

Veterans' Benefits — Source: USLM XML via OLRC

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 “career services” means local employment and training services of the type described in section 134(c)(2) of the Workforce Innovation and Opportunity Act.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Wagner-Peyser Act, referred to in par. (7), is act June 6, 1933, ch. 49, 48 Stat. 113, 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 section 49 of Title 29 and Tables. section 134(c)(2) of the Workforce Innovation and Opportunity Act, referred to in par. (9), is classified to section 3174(c)(2) 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, § 101, Nov. 7, 1966, 80 Stat. 1368; Pub. L. 93–82, title II, § 201, Aug. 2, 1973, 87 Stat. 187; Pub. L. 94–581, title II, §§ 205(a), 209(a)(1), (3), 210(c)(1), Oct. 21, 1976, 90 Stat. 2857, 2860, 2863; Pub. L. 96–330, title I, § 105(a), title III, § 302, title IV, § 408, Aug. 26, 1980, 94 Stat. 1036, 1048, 1053; Pub. L. 97–295, § 4(80), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98–528, title I, § 104, Oct. 19, 1984, 98 Stat. 2689; Pub. L. 99–166, title II, § 202, Dec. 3, 1985, 99 Stat. 950; Pub. L. 100–322, title I, § 135,
May 20, 1988, 102 Stat. 507; Pub. L. 100–687, div. B, title XV, § 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, § 401(a)(3),
May 7, 1991, 105 Stat. 210. See sections 7301 to 7303, 7314, 7315, 7317, and 7425 of this title.

Amendments

2014—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”. 2002—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.” Par. (9). Pub. L. 107–288, § 5(a)(1)(A), added par. (9). 1991—Pub. L. 102–83, § 5(a), renumbered section 2001 of this title as this section. 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). 1988—Pars. (7), (8). Pub. L. 100–323 added pars. (7) and (8). 1980—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. 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. Par. (5). Pub. L. 96–466, §§ 503(2), 801(h)(1), redesignated former par. (2) as (5) and substituted “The term” for “the term”. 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,”. 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 AmendmentAmendment 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.

Effective Date

of 2002 Amendment Pub. L. 107–288, § 5(a)(2), Nov. 7, 2002, 116 Stat. 2044, provided that: “The

Amendments

made by paragraph (1) [amending this section and section 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, § 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 Pub. L. 96–466, title VIII, § 802(e), Oct. 17, 1980, 94 Stat. 2218, provided that: “The

Amendments

made by title V [see Tables for classification] and the provisions of section 512 and 513 [set out as notes under section 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 AmendmentAmendment 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 Pub. L. 92–540, title VI, § 601(b), Oct. 24, 1972, 86 Stat. 1099, 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

Pub. L. 87–675, § 1(e), Sept. 19, 1962, 76 Stat. 559, 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.” Employment Assistance and Services for Veterans Ineligible for Assistance Pub. L. 96–466, title V, § 512, Oct. 17, 1980, 94 Stat. 2207, as amended by Pub. L. 105–277, div. A, § 101(f) [title VIII, § 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 [former 29 U.S.C. 2801 et seq.], and other applicable provisions of law.”

Executive Documents

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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 4101

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73