
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: 38USC3222]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 32--POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE
 
      SUBCHAPTER II--ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND
 
Sec. 3222. Contributions; matching fund

    (a) Except as provided in subsections (c) and (d) of this section, 
each person electing to participate in the program shall agree to have a 
monthly deduction made from such person's military pay. Such monthly 
deduction shall be in any amount not less than $25 nor more than $100 
except that the amount must be divisible by 5. Any such amount 
contributed by the participant or contributed by the Secretary of 
Defense pursuant to subsection (c) of this section shall be deposited in 
a deposit fund account entitled the ``Post-Vietnam Era Veterans 
Education Account'' (hereinafter in this chapter referred to as the 
``fund'') to be established in the Treasury of the United States. 
Contributions made by the participant shall be limited to a maximum of 
$2,700.
    (b) Except as otherwise provided in this chapter, each monthly 
contribution made by a participant under subsection (a) shall entitle 
the participant to matching funds from the Department of Defense at the 
rate of $2 for each $1 contributed by the participant.
    (c) The Secretary of Defense is authorized to contribute to the fund 
of any participant such contributions as the Secretary of Defense deems 
necessary or appropriate to encourage persons to enter or remain in the 
Armed Forces, including contributions in lieu of, or to reduce the 
amount of, monthly deductions under subsection (a) of this section. The 
Secretary of Defense is authorized to issue such rules and regulations 
as the Secretary of Defense deems necessary or appropriate to implement 
the provisions of this subsection.
    (d) Subject to the maximum contribution prescribed by subsection (a) 
of this section, a participant shall be permitted, while serving on 
active duty, to make a lump-sum contribution to the fund. A lump-sum 
contribution to the fund by a participant shall be in addition to or in 
lieu of monthly deductions made from such participant's military pay and 
shall be considered, for the purposes of paragraph (2) of section 
3231(a) of this title, to have been made by monthly deductions from such 
participant's military pay in the amount of $100 per month or in such 
lesser amount as may be specified by such participant pursuant to 
regulations issued jointly by the Secretary of Defense and the 
Secretary.
    (e) Any amount transferred to the Secretary from the Secretary of a 
military department under an interagency agreement for the 
administration by the Department of Veterans Affairs of an educational 
assistance program established by the Secretary of Defense under chapter 
107 of title 10 may be deposited into and disbursed from the fund for 
the purposes of such program.

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2395, 
Sec. 1622; amended Pub. L. 94-502, title IV, Sec. 408(b), Oct. 15, 1976, 
90 Stat. 2398; Pub. L. 96-466, title IV, Sec. 406, Oct. 17, 1980, 94 
Stat. 2202; Pub. L. 97-306, title II, Secs. 209, 210, Oct. 14, 1982, 96 
Stat. 1436; Pub. L. 98-160, title VII, Sec. 702(6), Nov. 21, 1983, 97 
Stat. 1009; Pub. L. 101-237, title IV, Sec. 423(b)(1), (4)(A), (B), (D), 
Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3222 and amended Pub. L. 
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1622 of this 
title as this section.
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3231(a)'' 
for ``1631(a)''.
    1989--Subsec. (a). Pub. L. 101-237, Sec. 423(b)(4)(A), inserted ``of 
Defense'' after ``Secretary''.
    Subsec. (c). Pub. L. 101-237, Sec. 423(b)(4)(D), inserted ``of 
Defense'' after ``Secretary'' wherever appearing.
    Subsec. (d). Pub. L. 101-237, Sec. 423(b)(1)(A), (4)(A), substituted 
``Secretary'' for ``Administrator'' at end and inserted ``of Defense'' 
after ``jointly by the Secretary''.
    Subsec. (e). Pub. L. 101-237, Sec. 423(b)(1), (4)(B), substituted 
``Secretary'' and ``Department of Veterans Affairs'' for 
``Administrator'' and ``Veterans' Administration'', respectively, and 
inserted ``of Defense'' after ``established by the Secretary''.
    1983--Subsec. (d). Pub. L. 98-160 inserted ``of this title'' after 
``section 1631(a)''.
    1982--Subsec. (d). Pub. L. 97-306, Sec. 210, substituted ``$100'' 
for ``$75''.
    Subsec. (e). Pub. L. 97-306, Sec. 209, added subsec. (e).
    1980--Subsec. (a). Pub. L. 96-466, Sec. 406(a), substituted ``Except 
as provided in subsections (c) and (d) of this section, each'' for 
``Each'', ``$25'' for ``$50'', and ``$100'' for ``$75''.
    Subsec. (c). Pub. L. 96-466, Sec. 406(b), inserted ``, including 
contributions in lieu of, or to reduce the amount of, monthly deductions 
under subsection (a) of this section'' after ``Armed Forces''.
    Subsec. (d). Pub. L. 96-466, Sec. 406(c), added subsec. (d).
    1976--Subsec. (b). Pub. L. 94-502 substituted ``Department of 
Defense'' for ``Veterans' Administration''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section 
802(d)(2) of Pub. L. 96-466, set out as a note under section 3224 of 
this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-502 effective Jan. 1, 1982, because new 
enrollments after Dec. 31, 1981, in the educational assistance program 
provided by this chapter, were authorized after application of 
provisions of section 408(a) of Pub. L. 94-502, see section 408(b) of 
Pub. L. 94-502, set out as a note under section 3221 of this title.


              Refunds for Certain Service Academy Graduates

    Pub. L. 101-366, title II, Sec. 207, Aug. 15, 1990, 104 Stat. 442, 
as amended by Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, 
directed Secretary of Veterans Affairs to refund, on receipt before Jan. 
1, 1992, of an application from an individual, not later than 60 days 
after receiving such application, the amount, if any, of the 
individual's unused contributions to the VEAP Account; if the individual 
has received educational assistance under this chapter, to pay to the 
individual (out of funds appropriated to the readjustment benefits 
account) a sum equal to the amount by which the amount of the 
educational assistance that the individual would have received under 
chapter 34 of this title for the pursuit of such program exceeds the 
amount of the educational assistance that the individual did receive 
under this chapter for the pursuit of such program; or if the individual 
has not received educational assistance under this chapter, to pay to 
the individual (out of funds appropriated to the Department of Veterans 
Affairs Readjustment Benefits account) a sum equal to the amount of 
educational assistance that the individual would have received under 
chapter 34 of this title for the pursuit of a program of education if 
the individual had been entitled to assistance under such program during 
the period ending on Dec. 31, 1989; and to refund to the Secretary of 
Defense the unused contributions by such Secretary to the VEAP Account 
on behalf of such individual.


Educational Assistance Pilot Program; Payment of Monthly Contribution by 
               Secretary; Manner, Scope, Etc., of Payments

    Manner, scope, etc., of payments by Secretary in lieu of payments of 
monthly contributions by persons participating in educational assistance 
program, see section 903 of Pub. L. 96-342, set out as a note under 
section 2141 of Title 10, Armed Forces.


Matching Funds From Department of Defense After January 1, 1982, If New 
           Enrollments Are Authorized After December 31, 1981

    For provisions of section 408(b) of Pub. L. 94-502 directing that 
``Department of Defense'' be substituted for ``Veterans' 
Administration'' in subsec. (b) of this section, effective Jan. 1, 1982, 
if new enrollments after Dec. 31, 1981, in the educational assistance 
program provided by this chapter are authorized after application of 
section 408(a) of Pub. L. 94-502, see section 408 of Pub. L. 94-502, set 
out as a note under section 3221 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3015, 3018A, 3018B, 3018C, 
3035, 3223, 3243 of this title.
