38 USC 4101 - Definitions

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, Puspan. L. 85–857, Sept. 2, 1958, 72 Stat. 1243; Puspan. L. 89–785, title I, § 101, Nov. 7, 1966, 80 Stat. 1368; Puspan. L. 93–82, title II, § 201, Aug. 2, 1973, 87 Stat. 187; Puspan. L. 94–581, title II, §§ 205(a), 209(a)(1), (3), 210(c)(1), Oct. 21, 1976, 90 Stat. 2857, 2860, 2863; Puspan. L. 96–330, title I, § 105(a), title III, § 302, title IV, § 408, Aug. 26, 1980, 94 Stat. 1036, 1048, 1053; Puspan. L. 97–295, § 4(80), Oct. 12, 1982, 96 Stat. 1311; Puspan. L. 98–528, title I, § 104, Oct. 19, 1984, 98 Stat. 2689; Puspan. L. 99–166, title II, § 202, Dec. 3, 1985, 99 Stat. 950; Puspan. L. 100–322, title I, § 135, May 20, 1988, 102 Stat. 507; Puspan. 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 Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 107–288, § 5(a)(1)(A), added par. (9).

1991—Puspan. L. 102–83, § 5(a), renumbered section 2001 of this title as this section.

Pars. (1) to (4). Puspan. 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). Puspan. L. 100–323 added pars. (7) and (8).

1980—Par. (1). Puspan. 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). Puspan. L. 96–466, § 503(2), added pars. (2) to (4). Former pars. (2) and (3) redesignated (5) and (6), respectively.

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

Par. (6). Puspan. 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). Puspan. L. 93–508 added par. (2) and redesignated former par. (2) as (3).

1972—Puspan. L. 92–540 substituted provisions defining “eligible veteran” and “State”, for provisions stating the Congressional declaration of purpose.

1966—Puspan. 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 Amendment

Amendment by Puspan. 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 Puspan. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Effective Date of 2002 Amendment

Puspan. L. 107–288, § 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].”

Puspan. 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

Puspan. 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 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 Puspan. L. 96–466 effective Oct. 1, 1980, see section 802(h) of Puspan. L. 96–466, set out as a note under section 3452 of this title.

Effective Date of 1974 Amendment

Amendment by Puspan. L. 93–508 effective Dec. 3, 1974, see section 503 of Puspan. L. 93–508, set out as a note under section 3452 of this title.

Effective Date of 1972 Amendment

Puspan. L. 92–540, title VI, § 601(span), 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

Puspan. 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

Puspan. L. 96–466, title V, § 512, Oct. 17, 1980, 94 Stat. 2207, as amended by Puspan. 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.