38 U.S.C. § 3687

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3687 - Apprenticeship or other on-job training

(a) An eligible veteran (as defined in section 3452(a)(1) of this title) or an eligible person (as defined in section 3501(a) of this title) shall be paid a training assistance allowance as prescribed by subsection (b) of this section while pursuing a full-time-

(1) program of apprenticeship approved by a State approving agency as meeting the standards of apprenticeship published by the Secretary of Labor pursuant to section 2 of the Act of August 16, 1937 (popularly known as the "National Apprenticeship Act") (29 U.S.C. 50a), or

(2) program of other on-job training approved under provisions of section 3677 of this title,

subject to the conditions and limitations of chapters 34 and 35 of this title with respect to educational assistance.

(b)

(1) The monthly training assistance allowance of an eligible veteran pursuing a program described under subsection (a) shall be as follows:

Column I	Column II	Column III	Column IV	Column V
Periods of training	No dependents	One dependent	Two dependents	More than two dependents
				The amount in column IV, plus the following for each dependent in excess of two:
First 6 months	$274	$307	$336	$14
Second 6 months	205	239	267	14
Third 6 months	136	171	198	14
Fourth and any succeeding 6-month periods	68	101	131	14

(2) The monthly training assistance allowance of an eligible person pursuing a program described under subsection (a) shall be $574 for the first six months, $429 for the second six months, $285 for the third six months, and $144 for the fourth and any succeeding six-month period of training.

(3) In any month in which an eligible veteran or person pursuing a program of apprenticeship or a program of other on-job training fails to complete one hundred and twenty hours of training in such month, the monthly training assistance allowance set forth in subsection (b)(1) or (2) of this section, as applicable, shall be reduced proportionately in the proportion that the number of hours worked bears to one hundred and twenty hours rounded off to the nearest eight hours.

(c) For the purpose of this chapter, the terms "program of apprenticeship" and "program of other on-job training" shall have the same meaning as "program of education"; and the term "training assistance allowance" shall have the same meaning as "educational assistance allowance" as set forth in chapters 34 and 35 of this title.

(d) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsection (b)(2) equal to the percentage by which-

(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds

(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).

(e)

(1) For each month that an individual (as defined in paragraph (3)) is paid a training assistance allowance under subsection (a), the entitlement of the individual shall be charged at a percentage rate (rounded to the nearest percent) that is equal to the ratio of-

(A) the training assistance allowance for the month involved, to

(B) the monthly educational assistance allowance otherwise payable for full-time enrollment in an educational institution.

(2)

(A) Subject to subparagraphs (B) and (C), for any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under paragraph (1) shall be reduced in the same proportion as the monthly training assistance allowance payable is reduced under subsection (b)(3).

(B) In the case of an individual who is unemployed by reason of an emergency situation during any month, the 120-hour requirement under subparagraph (A) for that month shall be reduced proportionately to reflect the individual's period of unemployment, except that the amount of monthly training assistance otherwise payable to the individual under subsection (b)(3) shall not be reduced.

(C) Any period during which an individual is unemployed by reason of an emergency situation shall not-

(i) be charged against any entitlement to educational assistance of the individual; or

(ii) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.

(D) Any amount by which the entitlement of an individual is reduced under subparagraph (A) shall not-

(i) be charged against any entitlement to educational assistance of the individual; or

(ii) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.

(E)

(i)¹ In the case of an individual who fails to complete 120 hours of training during a month, but who completed more than 120 hours of training during the preceding month, the individual may apply the number of hours in excess of 120 that the individual completed for that month to the month for which the individual failed to complete 120 hours. If the addition of such excess hours results in a total of 120 hours or more, the individual shall be treated as an individual who has completed 120 hours of training for that month. Any excess hours applied to a different month under this subparagraph may only be applied to one such month.

(F) This paragraph applies to amounts described in section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section 16131(d)(2) of title 10.

(G) In this paragraph:

(i) The term "unemployed" includes being furloughed or being scheduled to work zero hours.

(ii) The term "fails to complete 120 hours of training" means, with respect to an individual, that during any month, the individual completes at least one hour, but fewer than 120 hours, of training, including in a case in which the individual is unemployed for part of, but not the whole, month.

(3) In this section, the term "individual" means-

(A) an eligible veteran who is entitled to monthly educational assistance allowances payable under section 3015(e) of this title, or

(B) an eligible person who is entitled to monthly educational assistance allowances payable under section 3532(a) of this title,

as the case may be.

¹So in original. No cl. (ii) was enacted.

38 U.S.C. § 3687

Added Pub. L. 92-540, title III, §316(1), Oct. 24, 1972, 86 Stat. 1085, §1787; amended Pub. L. 93-508, title I, §104(2), (3), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93-602, title II, §205(b), Jan. 2, 1975, 88 Stat. 1959; Pub. L. 94-502, title V, §501(2), Oct. 15, 1976, 90 Stat. 2398; Pub. L. 95-202, title I, §104(2), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96-466, title II, §§203(3), 213(3), Oct. 17, 1980, 94 Stat. 2189, 2191; Pub. L. 97-295, §4(57), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 98-543, title II, §204(2), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101-237, title IV, §403(b), Dec. 18, 1989, 103 Stat. 2080; renumbered §3687 and amended Pub. L. 102-83, §5(a), (c) (1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105-178, title VIII, §8210(d), as added Pub. L. 105-206, title IX, §9014(b), July 22, 1998, 112 Stat. 866; Pub. L. 106-419, title I, §111(d), (f) (2), Nov. 1, 2000, 114 Stat. 1830, 1831; Pub. L. 107-103, title I, §102(d), Dec. 27, 2001, 115 Stat. 978; Pub. L. 108-183, title III, §302(d), Dec. 16, 2003, 117 Stat. 2659; Pub. L. 108-454, title I, §102(a), Dec. 10, 2004, 118 Stat. 3600; Pub. L. 117-333, §7(a), Jan. 5, 2023, 136 Stat. 6129.

EDITORIAL NOTES

PRIOR PROVISIONSProvisions similar to those comprising this section were contained in former section 1683, as added by Pub. L. 90-77, title III, §304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 91-219, title I, §103(e), Mar. 26, 1970, 84 Stat. 77; Pub. L. 91-584, §7, Dec. 24, 1970, 84 Stat. 1576, prior to repeal by section 401(6) of Pub. L. 92-540.

AMENDMENTS2023-Subsec. (e)(2). Pub. L. 117-333 added par. (2) and struck out former par. (2), which read as follows: "For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under paragraph (1) shall be reduced in the same proportion as the monthly training assistance allowance payable is reduced under subsection (b)(3)."2004-Subsec. (e). Pub. L. 108-454 added subsec. (e).2003-Subsec. (b)(2). Pub. L. 108-183 substituted "shall be $574 for the first six months, $429 for the second six months, $285 for the third six months, and $144 for the fourth and any succeeding six-month period of training." for "shall be $488 for the first six months, $365 for the second six months, $242 for the third six months, and $122 for the fourth and any succeeding six-month periods of training."2001-Subsec. (b)(2). Pub. L. 107-103 substituted "$488" for "$428", "$365" for "$320", "$242" for "$212", and "$122" for "$107".2000-Subsec. (b)(2). Pub. L. 106-419, §111(d), substituted "$428" for "$353", "$320" for "$264", "$212" for "$175", and "$107" for "$88".Subsec. (d). Pub. L. 106-419, §111(f)(2), added subsec. (d). 1998-Subsec. (b)(2). Pub. L. 105-178, §8210(d), as added by Pub. L. 105-206, §9014(b), substituted "$353" for "$294", "$264" for "$220", "$175" for "$146", and "$88" for "$73". 1991- Pub. L. 102-83, §5(a), renumbered section 1787 of this title as this section. Subsec. (a). Pub. L. 102-83, §5(c)(1), substituted "3452(a)(1)" for "1652(a)(1)" and "3501(a)" for "1701(a)" in introductory provisions and "3677" for "1777" in par. (2).1989-Subsec. (b)(2). Pub. L. 101-237 substituted "$294 for the first six months, $220 for the second six months, $146 for the third six months, and $73 for the fourth and any succeeding six-month periods of training" for "computed at the rate prescribed in paragraph (1) of this subsection for an eligible veteran with no dependents pursuing such a course".1984-Subsec. (b)(1). Pub. L. 98-543 increased monthly training assistance allowance of eligible veterans in column II from $249, $186, $124 and $62 to $274, $205, $136, and $68; in column III from $279, $217, $155, and $92 to $307, $239, $171, and $101; in column IV from $305, $243, $180, and $119 to $336, $267, $198 and $131; in column V from $13, $13, $13 and $13 to $14, $14, $14 and $14, respectively.1982-Subsec. (a). Pub. L. 97-295 substituted "section 2 of the Act of August 16, 1937 (popularly known as the 'National Apprenticeship Act')(29 U.S.C. 50a)" for "section 50a of title 29" in cl. (1), and inserted "of this title" after "34 and 35" in provisions following cl. (2).1980-Subsec. (b)(1). Pub. L. 96-466, §213(3), increased monthly training assistance allowance of eligible veterans in column II from $237, $177, $119, and $59 to $249, $186, $124, and $62; in column III from $267, $207, $148, and $88 to $279, $217, $155, and $92; in column IV from $291, $232, $172, and $113 to $305, $243, $180, and $119, respectively. Pub. L. 96-466, §203(3), increased monthly training assistance allowance of eligible veterans in column II from $226, $169, $113, and $56 to $237, $177, $119, and $59; in column III from $254, $197, $141, and $84 to $267, $207, $148, and $88; in column IV from $277, $221, $164, and $108 to $291, $232, $172, and $113; in column V from $12, $12, $12, and $12 to $13, $13, $13, and $13, respectively. 1977-Subsec. (b)(1). Pub. L. 95-202 increased monthly training assistance allowance of eligible veterans in column II from $212, $159, $106, and $53 to $226, $169, $113, and $56; in column III from $238, $185, $132, and $79 to $254, $197, $141, and $84; in column IV from $260, $207, $154, and $101 to $277, $221, $164, and $108; in column V from $11, $11, $11, and $11 to $12, $12, $12, and $12, respectively. 1976-Subsec. (b)(1). Pub. L. 94-502 increased monthly training assistance allowance of eligible veterans in column II from "$196", "$147", "$98", and "$49" to "$212", "$159", "$106", and "$53"; in column III from "$220", "$171", "$122", and "$73" to "$238", "$185", "$132", and "$79"; in column IV from "$240", "$191", "$142", and "$93" to "$260", "$207", "$154", and "$101"; and in column V from "$10", "$10", "$10", and "$10" to "$11", "$11", "$11", and "$11", respectively. 1975-Subsec. (b)(1). Pub. L. 93-602 increased monthly training assistance allowance of eligible veterans in column II from "$189", "$142", "$95", and "$47" to "$196", "$147", "$98", and "$49"; in column III from "$212", "$164", "$117", "$70" to "$220", "$171", "$122", and "$73"; in column IV from "$232", "$184", "$137", and "$90" to "$240", "$191", "$142", and "$93"; and in column V from "$9", "$9", "$9", and "$9" to "$10", "$10", "$10", and "$10", respectively. 1974-Subsec. (b)(1). Pub. L. 93-508, §104(2), increased monthly training assistance allowance of eligible veterans in column II from "$160, $120, $80, and $40" to "$189, $142, $95, and $47"; in column III from "$179, $139, $99, and $59" to "$212, $164, $117, and $70"; in column IV from "$196, $156, $116, and $76" to "$232, $184, $137, and $90"; and in column V from "$8, $8, $8, and $8" to "$9, $9, $9, and $9", respectively. Subsec. (b)(2). Pub. L. 93-508, §104(3), substituted "computed at the rate prescribed in paragraph (1) of this subsection for an eligible veteran with no dependents pursuing such a course" for "(A) $160 during the first six-month period, (B) $120 during the second six-month period, (C) $80 during the third six-month period, and (D) $40 during the fourth and any succeeding six-month period".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-454, title I, §102(b), Dec. 10, 2004, 118 Stat. 3600, provided that:"The amendment made by subsection (a) [amending this section] shall apply with respect to months beginning after September 30, 2005."

EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-183 effective July 1, 2004, and applicable with respect to educational assistance allowances payable under chapter 35 and section 3687(b)(2) of this title for months beginning on or after that date, see section 302(e) of Pub. L. 108-183 set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-103 effective Jan. 1, 2002, and applicable with respect to educational assistance allowances payable under chapter 35 of this title and subsec. (b)(2) of this section for months beginning on or after that date, see section 102(e) of Pub. L. 107-103 set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT Amendment by section 111(d) of Pub. L. 106-419 effective Nov. 1, 2000, and applicable with respect to educational assistance allowances paid under chapter 35 of title 38 for months after October 2000, see section 111(e) of Pub. L. 106-419 set out as a note under section 3532 of this title. Subsec. (d) of this section effective Oct. 1, 2001, see section 111(f)(3) of Pub. L. 106-419 set out as an Effective Date note under section 3564 of this title.

EFFECTIVE DATE OF 1998 AMENDMENTS Title IX of Pub. L. 105-206 effective simultaneously with enactment of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at time of enactment, see section 9016 of Pub. L. 105-206 set out as a note under section 101 of Title 23, Highways. Amendment by Pub. L. 105-178 effective Oct. 1, 1998, and applicable with respect to educational assistance allowances paid for months after September 1998, see section 8210(e) of Pub. L. 105-178 set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-237 effective Jan. 1, 1990, see section 403(c) of Pub. L. 101-237 set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section 205 of Pub. L. 98-543 set out as a note under section 3108 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by sections 203(3) and 213(3) of Pub. L. 96-466 effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section 802(b) of Pub. L. 96-466 set out as a note under section 3482 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-202 effective retroactively to Oct. 1, 1977, see section 501 of Pub. L. 95-202 set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-502 effective Oct. 1, 1976, see section 703(a) of Pub. L. 94-502 set out as an Effective Date note under section 3693 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-602 effective Jan. 1, 1975, see section 206 of Pub. L. 93-602 set out as a note under section 3482 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-508 effective Sept. 1, 1974, see section 501 of Pub. L. 93-508 set out as a note under section 3482 of this title.

EFFECTIVE DATESection effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601(a) of Pub. L. 92-540 set out as an Effective Date of 1972 Amendment note under section 3482 of this title.

APPRENTICESHIP OR ON-JOB TRAINING REQUIREMENTS Pub. L. 116-315, title I, §11061106,, 134 Stat. 4965, as amended by Pub. L. 117-76, §5(e), Dec. 21, 2021, 135 Stat. 1520, which temporarily substituted provisions for subsec. (e)(2) of this section, regarding entitlement reduction requirements in cases of unemployed individuals who failed to complete 120 hours of training, was repealed by Pub. L. 117-333, §7(b), Jan. 5, 2023, 136 Stat. 6130. See subsec. (e)(2) of this section, as amended by section 7(a) of Pub. L. 117-333.

INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING APPRENTICESHIP OR ON-JOB TRAINING; SURVIVORS AND DEPENDENTS EDUCATIONAL ASSISTANCE Pub. L. 108-454, title I, §103(c), Dec. 10, 2004, 118 Stat. 3601, provided that:"(1) For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (b)(2) of section 3687 of title 38, United States Code, shall be applied as if-"(A) the reference to '$574 for the first six months' were a reference to '$650 for the first six months';"(B) the reference to '$429 for the second six months' were a reference to '$507 for the second six months'; and"(C) the reference to '$285 for the third six months' were a reference to '$366 for the third six months'."(2) Subsection (d) of such section 3687 shall not apply with respect to the provisions of paragraph (1) for months occurring during fiscal year 2006."(3) For months beginning on or after January 1, 2008, the Secretary shall carry out subsection (b)(2) of such section 3687 as if paragraphs (1) and (2) were not enacted into law."

TERMINATION OF ELIGIBILITY PERIOD Termination of eligibility period for a wife or widow, or an eligible person eight years from Oct. 24, 1972, see section 604 of Pub. L. 92-540.