Title 38 — Veterans’ Benefits
Part III · Chapter 36 — Administration of Educational Benefits
§ 3697A. Educational and vocational counseling
Statutory text
The Secretary shall make available to an individual described in subsection (b) of this section, upon such individual’s request, counseling services, including such educational and vocational counseling and guidance, testing, and other assistance as the Secretary determines necessary to aid the individual in selecting—
an educational or training objective and an educational institution or training establishment appropriate for the attainment of such objective; or
an employment objective that would be likely to provide such individual with satisfactory employment opportunities in the light of the individual’s personal circumstances.
For the purposes of this section, the term “individual” means an individual who—
is eligible for educational assistance under chapter 30, 31, 32, or 33 of this title or chapter 106 or 107 of title 10;
was discharged or released from active duty under conditions other than dishonorable if not more than one year has elapsed since the date of such last discharge or release from active duty; or
is serving on active duty in any State with the Armed Forces and is within 180 days of the estimated date of such individual’s discharge or release from active duty under conditions other than dishonorable, including those who are making a determination of whether to continue as members of the Armed Forces.
In any case in which the Secretary has rated the individual as being incompetent, the counseling services described in subsection (a) of this section shall be required to be provided to the individual before the selection of a program of education or training.
At such intervals as the Secretary determines necessary, the Secretary shall make available information concerning the need for general education and for trained personnel in the various crafts, trades, and professions. Facilities of other Federal agencies collecting such information shall be utilized to the extent the Secretary determines practicable.
The Secretary shall take appropriate steps (including individual notification where feasible) to acquaint all individuals described in subsection (b) of this section with the availability and advantages of counseling services under this section.
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.
Pub. L. 102–16 § 2(a) · 105 Stat. 48
Enacted · 38 U.S.C. § 3697A
Added Pub. L. 102–16, § 2(a), Mar. 22, 1991, 105 Stat. 48, § 1797A
Source evidence
Code source credit
Added Pub. L. 102–16, § 2(a), Mar. 22, 1991, 105 Stat. 48, § 1797AEnacted provision · exact public law section
(a) In General.— Chapter 36 of title 38, United States Code, is amended by adding at the end of subchapter II the following new section: “§ 1797A. Educational and vocational counseling “(a) The Secretary shall make available to an individual described in subsection (b) of this section, upon such individual’s request, counseling services, including such educational and vocational counseling and guidance, testing, and other assistance as the Secretary determines necessary to aid the individual in selecting— “(1) an educational or training objective and an educational institution or training establishment appropriate for the attainment of such objective; or “(2) an employment objective that would be likely to provide such individual with satisfactory employment opportunities in the light of the individual’s personal circumstances. “(b) For the purposes of this section, the term ‘individual’ means an individual who— “(1) is eligible for educational assistance under chapter 30, 31, or 32 of this title or chapter 106 or 107 of title 10; “(2) was discharged or released from active duty under conditions other than dishonorable if not more than one year has elapsed since the date of such last discharge or release from active duty; or “(3) is serving on active duty in any State with the Armed Forces and is within 180 days of the estimated date of such individual’s discharge or release from active duty under conditions other than dishonorable, including those who are making a determination of whether to continue as members of the Armed Forces. “(c) In any case in which the Secretary has rated the individual as being incompetent, the counseling services described in subsection (a) of this section shall be required to be provided to the individual before the selection of a program of education or training. “(d) At such intervals as the Secretary determines necessary, the Secretary shall make available information concerning the need for general education and for trained personnel in the various crafts, trades, and professions. Facilities of other Federal agencies collect-ing such information shall be utilized to the extent the Secretary determines practicable. “(e) The Secretary shall take appropriate steps (including individual notification where feasible) to acquaint all individuals described in subsection (b) of this section with the availability and advantages of counseling services under this section.”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3697A
Pub. L. 102–83 renumbered section 1797A of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83 renumbered section 1797A 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.Post-9/11 Veterans Educational Assistance Act of 2008
Pub. L. 110–252 title V § 5003(b)(2)(B) · 122 Stat. 2323
Substituted · 38 U.S.C. § 3697A(b)(1)
Pub. L. 110–252 substituted “32, or 33” for “or 32”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 110–252 substituted “32, or 33” for “or 32”.Enacted provision · exact public law section
(B) Section 3697A(b)(1) of such title is amended by striking “or 32” and inserting “32, or 33”.Effective date note
Amendment by Pub. L. 110–252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments1991–2008 · 2 rounds
2008
Subsec. (b)(1). Pub. L. 110–252 substituted “32, or 33” for “or 32”.
1991
Pub. L. 102–83 renumbered section 1797A of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–252 effective , see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.
Department of Veterans Affairs Provision of Information on Articulation Agreements Between Institutions of Higher Learning
Pub. L. 114–315, title IV, § 415, , 130 Stat. 1564, provided that:
“(a) Information.—
Department of Veterans Affairs counselors who provide educational or vocational counseling services pursuant to section 3697A of title 38, United States Code, shall provide to any eligible individual who requests such counseling services information about the articulation agreements of each institution of higher learning in which the individual is interested.
“(b) Certification of Eligibility.—
When the Secretary of Veterans Affairs provides to an individual a certification of eligibility for educational assistance provided by the Department of Veterans Affairs, the Secretary shall also include detailed information on such educational assistance, including information on requesting education counseling services and on articulation agreements.
“(c) Definitions.—
In this section:
“(1) The term ‘institution of higher learning’ has the meaning given such term in section 3452(f) of title 38, United States Code.
“(2) The term ‘articulation agreement’ has the meaning given such term in section 486A of the Higher Education Act of 1965 (Public Law 89–329; 20 U.S.C. 1093a).
“(d) Deadline for Implementation.—
The Secretary of Veterans Affairs shall implement this section not later than 90 days after the date of the enactment of this Act [].”
Credits
1991–2008 · 3 acts
- 1991Added Pub. L. 102–16, § 2(a), , 105 Stat. 48, § 1797A
- 1991renumbered § 3697A, Pub. L. 102–83, § 5(a), , 105 Stat. 406
- 2008amended Pub. L. 110–252, title V, § 5003(b)(2)(B), , 122 Stat. 2375.
Show as published
(Added Pub. L. 102–16, § 2(a), , 105 Stat. 48, § 1797A; renumbered § 3697A, Pub. L. 102–83, § 5(a), , 105 Stat. 406; amended Pub. L. 110–252, title V, § 5003(b)(2)(B), , 122 Stat. 2375.)