§ 3677. Approval of training on the job

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. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 title III § 304(d) · 81 Stat. 178

   Enacted · 38 U.S.C. § 3677

   Added Pub. L. 90–77, title III, § 304(d), Aug. 31, 1967, 81 Stat. 186, § 1777

   Source evidence

   Code source credit
   Added Pub. L. 90–77, title III, § 304(d), Aug. 31, 1967, 81 Stat. 186, § 1777

   Enacted provision · exact public law section
   (d) Chapter 36 of title 38, United States Code, is amended by redesignating sections 1777 and 1778 as sections 1778 and 1779, respectively, and by inserting immediately after section 1776 the following new section: “§ 1777. Approval of training on the job “(a) Any State approving agency may approve a program of training on the job (other than a program of apprenticeship) only when it finds that the job which is the objective of the training is one in which progression and appointment to the next higher classification are based upon skills learned through organized training on the job and not on such factors as length of service and normal turnover, and that the provisions of subsections (b) and (c) of this section are met. “(b) The training establishment offering training which is desired to be approved for the purposes of this chapter must submit to the appropriate State approving agency a written application for approval which, in addition to furnishing such information as is required by the State approving agency, contains a certification that— “(1) the wages to be paid the eligible veteran (A) upon entrance into training, are not less than wages paid nonveterans in the same training position and are at least 50 per centum of the wages paid for the job for which he is to be trained, and (B) such wages will be increased in regular periodic increments until, not later than the last full month of the training period, they will be at least 85 per centum of the wages paid for the job for which such eligible veteran is being trained; and “(2) there is reasonable certainty that the job for which the eligible veteran is to be trained will be available to him at the end of the training period. “(c) As a condition for approving a program of training on the job Investigation by State-approving agency. (other than a program of apprenticeship) the State approving agency must find upon investigation that the following criteria are met: “(1) The training content of the course is adequate to qualify the eligible veteran for appointment to the job for which he is to be trained. “(2) The job customarily requires full-time training for a period of not less than six months and not more than two years. “(3) The length of the training period is not longer than that customarily required by the training establishments in the community to provide an eligible veteran with the required skills, arrange for the acquiring of job knowledge, technical information, and other facts which the eligible veteran will need to learn in order to become competent on the job for which he is being trained. “(4) Provision is made for related instruction for the individual eligible veteran who may need it. “(5) There is in the training establishment adequate space, equipment, instructional material, and instructor personnel to provide satisfactory training on the job. “(6) Adequate records are kept to show the progress made by each eligible veteran toward his job objective. “(7) No course of training will be considered bona fide if given to an eligible veteran who is already qualified by training and experience for the job. “(8) A signed copy of the training agreement for each eligible veteran, including the training program and wage scale as approved by the State approving agency, is provided to the veteran and to the Administrator and the State approving agency by the employer. “(9) That the course meets such other criteria as may be established by the State approving agency.”

2. 1970

   Veterans Education and Training Amendments Act of 1970

   Pub. L. 91–219 title II § 212 · 84 Stat. 76

   Inserted · 38 U.S.C. § 3677(a)

   Pub. L. 91–219 inserted “and supervised”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 91–219 inserted “and supervised”.

   Enacted provision · exact public law section
   Sec. 212. Section 1777(a) of title 38, United States Code, is amended by inserting “and supervised” immediately after “organized”.

3. 1972

   Vietnam Era Veterans’ Readjustment Assistance Act of 1972

   Pub. L. 92–540 title III § 314 · 86 Stat. 1074

   Inserted · 38 U.S.C. § 3677(b); 38 U.S.C. § 3677(c)

   Pub. L. 92–540 inserted “or person” after “veteran” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 92–540 inserted “or person” after “veteran” wherever appearing.

   Enacted provision · exact public law section
   Sec. 314. Section 1777 of title 38, United States Code, is amended by inserting “or person” after “veteran” each place it appears.

4. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title V § 513(a)(3) · 90 Stat. 2383

   Substituted · 38 U.S.C. § 3677(b)

   Pub. L. 94–502 substituted “the veteran or person” for “he” and “him”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–502 substituted “the veteran or person” for “he” and “him”.

   Enacted provision · exact public law section
   (3) by striking out in subsections (b) and (c) of section 1777 “he”, “Kim”, “his” each time they appear and inserting in lieu thereof “the veteran or person”, “the veteran or person”, and “such veteran’s or person’s”, respectively;

5. 1976

   Veterans’ Education and Employment Assistance Act of 1976

   Pub. L. 94–502 title V § 513(a)(3) · 90 Stat. 2383

   1. Substituted · 38 U.S.C. § 3677(c)

      Pub. L. 94–502 substituted “the veteran or person” for “he”

   2. Substituted · 38 U.S.C. § 3677(c)

      Pub. L. 94–502 substituted “such veteran’s or person’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–502 substituted “the veteran or person” for “he” in two places, and “such veteran’s or person’s” for “his”.

   Enacted provision · exact public law section
   (3) by striking out in subsections (b) and (c) of section 1777 “he”, “Kim”, “his” each time they appear and inserting in lieu thereof “the veteran or person”, “the veteran or person”, and “such veteran’s or person’s”, respectively;

6. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 title IV § 423(b)(1)(A) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 3677(c)(8)

   Pub. L. 101–237 substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (c)(8). Pub. L. 101–237 substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

7. 1991

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

   Changed · 38 U.S.C. § 3677

   Pub. L. 102–83 renumbered section 1777 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 1777 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.

8. 1998

   Pub. L. 105–368 title II § 205(a) · 112 Stat. 3315

   1. Amended · 38 U.S.C. § 3677(b)

      Pub. L. 105–368 designated existing provisions as par. (1)

   2. Redesignated · 38 U.S.C. § 3677(b)

      Pub. L. 105–368 redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1)

   3. Redesignated · 38 U.S.C. § 3677(b)

      Pub. L. 105–368 redesignated former cls. (A) and (B) of par. (1) as cls. (i) and (ii), respectively, of subpar. (A)

   4. Added · 38 U.S.C. § 3677(b)

      Pub. L. 105–368 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–368 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), redesignated former cls. (A) and (B) of par. (1) as cls. (i) and (ii), respectively, of subpar. (A), and added par. (2).

   Enacted provision · exact public law section
   (a) In General.— Section 3677(b) is amended— (1) by inserting “(1)” after “(b)”; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) in subparagraph (A), as so redesignated, by striking “(A)” and “(B)” and inserting “(i)” and “(ii)”, respectively; and (4) by adding at the end the following new paragraph: “(2) The requirement under paragraph (1)(A)(ii) shall not apply with respect to a training establishment operated by the United States or by a State or local government.”.

   Effective date note
   Pub. L. 105–368, title II, § 205(b), Nov. 11, 1998, 112 Stat. 3327, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to approval of programs of training on the job under section 3677 of title 38, United States Code, on or after October 1, 1998.”

9. 2004

   Veterans Earn and Learn Act of 2004

   Pub. L. 108–454 title I § 108 · 118 Stat. 3598

   Added · 38 U.S.C. § 3677(d)

   Pub. L. 108–454 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–454 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 108. PILOT PROGRAM TO PROVIDE ON-JOB BENEFITS TO TRAIN DEPARTMENT OF VETERANS AFFAIRS’ CLAIMS ADJUDICATORS.    Section 3677 is amended by adding at the end the following new subsection: “(d) (1) The Secretary may conduct a pilot program under which the Secretary operates a program of training on the job under this section for a period (notwithstanding subsection (c)(2)) of up to three years in duration to train employees of the Department to become qualified adjudicators of claims for compensation, dependency and indemnity compensation, and pension. “(2) (A) Deadlines. Reports. Not later than three years after the implementation of the pilot project, the Secretary shall submit to Congress an initial report on the pilot project. The report shall include an assessment of the usefulness of the program in recruiting and retaining of personnel of the Department as well as an assessment of the value of the program as a training program. “(B) Not later than 18 months after the date on which the initial report under subparagraph (A) is submitted, the Secretary shall submit to Congress a final report on the pilot project. The final report shall include recommendations of the Secretary with respect to continuation of the pilot project and with respect to expansion of the types of claims for which the extended period of on the job training is available to train such employees.” .

10. 2008

    Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 title III § 325 · 122 Stat. 4145

    Added · 38 U.S.C. § 3677(b)(3)

    Pub. L. 110–389 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 110–389 added par. (3).

    Enacted provision · exact public law section
    SEC. 325. REPEAL OF CERTIFICATION REQUIREMENT WITH RESPECT TO APPLICATIONS FOR APPROVAL OF SELF-EMPLOYMENT ON-JOB TRAINING.   Section 38 USC 3677. 3677(b) is amended by adding at the end the following new paragraph: “(3) The requirement for certification under paragraph (1) shall not apply to training described in section 3452(e)(2) of this title.” .

14 of 14 references resolved to an enrolled provision