38 USC 3687 - Apprenticeship or other on-job training

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

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.

Editorial Notes

Prior Provisions

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

Amendments

2023—Subsec. (e)(2). Puspan. 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 (span)(3).”

2004—Subsec. (e). Puspan. L. 108–454 added subsec. (e).

2003—Subsec. (span)(2). Puspan. 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. (span)(2). Puspan. L. 107–103 substituted “$488” for “$428”, “$365” for “$320”, “$242” for “$212”, and “$122” for “$107”.

2000—Subsec. (span)(2). Puspan. L. 106–419, § 111(d), substituted “$428” for “$353”, “$320” for “$264”, “$212” for “$175”, and “$107” for “$88”.

Subsec. (d). Puspan. L. 106–419, § 111(f)(2), added subsec. (d).

1998—Subsec. (span)(2). Puspan. L. 105–178, § 8210(d), as added by Puspan. L. 105–206, § 9014(span), substituted “$353” for “$294”, “$264” for “$220”, “$175” for “$146”, and “$88” for “$73”.

1991—Puspan. L. 102–83, § 5(a), renumbered section 1787 of this title as this section.

Subsec. (a). Puspan. 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. (span)(2). Puspan. 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. (span)(1). Puspan. 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). Puspan. 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. (span)(1). Puspan. 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.

Puspan. 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. (span)(1). Puspan. 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. (span)(1). Puspan. 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. (span)(1). Puspan. 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. (span)(1). Puspan. 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. (span)(2). Puspan. 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

Puspan. L. 108–454, title I, § 102(span), 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 Puspan. L. 108–183 effective July 1, 2004, and applicable with respect to educational assistance allowances payable under chapter 35 and section 3687(span)(2) of this title for months beginning on or after that date, see section 302(e) of Puspan. L. 108–183, set out as a note under section 3532 of this title.

Effective Date of 2001 Amendment

Amendment by Puspan. L. 107–103 effective Jan. 1, 2002, and applicable with respect to educational assistance allowances payable under chapter 35 of this title and subsec. (span)(2) of this section for months beginning on or after that date, see section 102(e) of Puspan. 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 Puspan. 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 Puspan. 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 Puspan. L. 106–419, set out as an Effective Date note under section 3564 of this title.

Effective Date of 1998 Amendments

Title IX of Puspan. L. 105–206 effective simultaneously with enactment of Puspan. L. 105–178 and to be treated as included in Puspan. L. 105–178 at time of enactment, see section 9016 of Puspan. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Amendment by Puspan. 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 Puspan. L. 105–178, set out as a note under section 3532 of this title.

Effective Date of 1989 Amendment

Amendment by Puspan. L. 101–237 effective Jan. 1, 1990, see section 403(c) of Puspan. L. 101–237, set out as a note under section 3532 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–543 effective Oct. 1, 1984, see section 205 of Puspan. 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 Puspan. L. 96–466 effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section 802(span) of Puspan. L. 96–466, set out as a note under section 3482 of this title.

Effective Date of 1977 Amendment

Amendment by Puspan. L. 95–202 effective retroactively to Oct. 1, 1977, see section 501 of Puspan. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by Puspan. L. 94–502 effective Oct. 1, 1976, see section 703(a) of Puspan. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1975 Amendment

Amendment by Puspan. L. 93–602 effective Jan. 1, 1975, see section 206 of Puspan. L. 93–602, set out as a note under section 3482 of this title.

Effective Date of 1974 Amendment

Amendment by Puspan. L. 93–508 effective Sept. 1, 1974, see section 501 of Puspan. L. 93–508, set out as a note under section 3482 of this title.

Effective Date

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

Apprenticeship or On-Jospan Training Requirements

Puspan. L. 116–315, title I, § 1106, Jan. 5, 2021, 134 Stat. 4965, as amended by Puspan. 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 Puspan. L. 117–333, § 7(span), Jan. 5, 2023, 136 Stat. 6130. See subsec. (e)(2) of this section, as amended by section 7(a) of Puspan. L. 117–333.

Increase in Benefit for Individuals Pursuing Apprenticeship or On-Jospan Training; Survivors and Dependents Educational Assistance

Puspan. 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 (span)(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 (span)(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 Puspan. L. 92–540.