
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3677]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
           CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
 
                 SUBCHAPTER I--STATE APPROVING AGENCIES
 
Sec. 3677. 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 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.
    (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.

(Added Pub. L. 90-77, title III, Sec. 304(d), Aug. 31, 1967, 81 Stat. 
186, Sec. 1777; amended Pub. L. 91-219, title II, Sec. 212, Mar. 26, 
1970, 84 Stat. 83; Pub. L. 92-540, title III, Sec. 314, Oct. 24, 1972, 
86 Stat. 1084; Pub. L. 94-502, title V, Sec. 513(a)(3), Oct. 15, 1976, 
90 Stat. 2402; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 
1989, 103 Stat. 2092; renumbered Sec. 3677, Pub. L. 102-83, Sec. 5(a), 
Aug. 6, 1991, 105 Stat. 406; Pub. L. 105-368, title II, Sec. 205(a), 
Nov. 11, 1998, 112 Stat. 3327.)


                               Amendments

    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''.


                    Effective Date of 1998 Amendment

    Pub. L. 105-368, title II, Sec. 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 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3672, 3687 of this title.
