38 USC 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.
Terms Used In 38 USC 3687
- Dependent: A person dependent for support upon another.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
(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.