republic-os/legal/us/code/title-38/chapter-36/section-3697a.md

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LegalText	38 U.S.C. § 3697A	Educational and vocational counseling	us	united_states_code	code_section	38	VETERANS’ BENEFITS	36	ADMINISTRATION OF EDUCATIONAL BENEFITS	3697A	38 U.S.C. § 3697A	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip	/us/usc/t38/s3697A	data/legal/raw/us/code/title-38/usc38.xml	62fbb1dc8a2cf54c3fa191096ee1d58555f6a7fe0f63ac00dde9b86c5eeecaca	372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66	f7608b66ac8c61035cfce3693c142a88dbfc3343bcf7c7f595ca6eb7e3b3d5c5	2026-07-04	official	legal us-code

38 U.S.C. § 3697A - Educational and vocational counseling

Text

(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.

(Added Pub. L. 102–16, § 2(a), Mar. 22, 1991, 105 Stat. 48, § 1797A; renumbered § 3697A, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; amended Pub. L. 110–252, title V, § 5003(b)(2)(B), June 30, 2008, 122 Stat. 2375.)

Notes

Editorial Notes

Amendments2008—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 LearningPub. 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].”