§3697A — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must offer free counseling to eligible people when they ask. The help can include advice about school or job training, testing, and other support the Secretary thinks is needed to help pick a school or training program, or to choose a job goal that fits the person’s situation and gives a good chance at steady work. "Individual" means one of three kinds of people: someone who can get education benefits under certain VA or military benefit programs; someone released from active duty under conditions other than dishonorable if it has been no more than one year since that release; or someone on active duty who is within 180 days of their estimated release and is deciding whether to stay in the military. If the Secretary has said a person is incompetent, counseling must happen before they pick a program. The Secretary must also share up-to-date information about where trained workers are needed, use other agencies’ data when practical, and try to tell each eligible person about these counseling services, including individual notices when possible.

Title 38, §3697A

Veterans' Benefits — Source: USLM XML via OLRC

(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, 32, or 33 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 collecting 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 AmendmentAmendment 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. Department of Veterans Affairs Provision of Information on Articulation Agreements Between Institutions of Higher Learning Pub. L. 114–315, title IV, § 415, Dec. 16, 2016, 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 [Dec. 16, 2016].”

§3697A Educational and vocational counseling