§3677 — Title 38 Veterans' Benefits | U.S. Code

Summary

State approving agencies may approve on-the-job training programs (not apprenticeships) only when the job leads to promotions based on skills learned, not just time on the job, and when the program meets the rules below. The employer must apply in writing and promise that starting pay will be at least what nonveterans in the same position earn and at least 50% of the full job wage, and that pay will rise in regular steps so that by the last full month of training it is at least 85% of the full job wage. The 85% pay increase rule does not apply to programs run by the United States or by a State or local government. The employer must also show there is a reasonable chance the trainee will have the job when training ends. The agency must check that the training will teach the skills needed for the job, is full time for at least 6 months and no more than 2 years, is no longer than normal local training, includes related classroom instruction if needed, has enough space, tools, materials, and instructors, keeps progress records, is not for someone already qualified, and gives a signed training agreement with the approved program and wage schedule to the trainee, the Secretary, and the State approving agency. The Secretary may run a pilot on-the-job program up to 3 years to train Department employees as claims adjudicators and must send an initial report to Congress within 3 years and a final report 18 months after that with recommendations.

Title 38, §3677

Veterans' Benefits — Source: USLM XML via OLRC

(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 and supervised 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)(1)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—

(A)the wages to be paid the eligible veteran or person (i) 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 the veteran or person is to be trained, and (ii) 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 or person is being trained; and

(B)there is reasonable certainty that the job for which the eligible veteran or person is to be trained will be available to the veteran or person at the end of the training period.

(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.

(3)The requirement for certification under paragraph (1) shall not apply to training described in section 3452(e)(2) of this title.

(c)As a condition for approving a program of training on the job (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 or person for appointment to the job for which the veteran or person 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 or person with the required skills, arrange for the acquiring of job knowledge, technical information, and other facts which the eligible veteran or person will need to learn in order to become competent on the job for which the veteran or person is being trained.

(4)Provision is made for related instruction for the individual eligible veteran or person 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 or person toward such veteran’s or person’s job objective.

(7)No course of training will be considered bona fide if given to an eligible veteran or person who is already qualified by training and experience for the job.

(8)A signed copy of the training agreement for each eligible veteran or person, including the training program and wage scale as approved by the State approving agency, is provided to the veteran or person and to the Secretary 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.

(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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (b)(3). Pub. L. 110–389 added par. (3). 2004—Subsec. (d). Pub. L. 108–454 added subsec. (d). 1998—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). 1991—Pub. L. 102–83 renumbered section 1777 of this title as this section. 1989—Subsec. (c)(8). Pub. L. 101–237 substituted “Secretary” for “Administrator”. 1976—Subsec. (b). Pub. L. 94–502 substituted “the veteran or person” for “he” and “him”. 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”. 1972—Subsecs. (b), (c). Pub. L. 92–540 inserted “or person” after “veteran” wherever appearing. 1970—Subsec. (a). Pub. L. 91–219 inserted “and supervised”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 Amendment 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.”

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an

Effective Date

note under section 3693 of this title.

Effective Date

Section effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as an

Effective Date

of 1967 Amendment note under section 101 of this title.

§3677 Approval of Training on the Job

Summary

Title 38, §3677

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Effective Date

Effective Date

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