Page:United States Statutes at Large Volume 105 Part 1.djvu/648

 105 STAT. 620 PUBLIC LAW 102-127—OCT. 10, 1991 "(5)(A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph— "(i) shall not be charged against the entitlement of any eligible veteran under this chapter; and "(ii) shall not be counted toward the aggregate period for which section 3695 of this title limits an individual's receipt of assistance. "(B) The payment of an educational assistance allowance referred to in subparagraph (A) of this paragraph is any payment of a monthly benefit under this chapter to an eligible veteran for pursuit of a course or courses under this chapter if the Secretary Unds that the eligible veteran— "(i) in the case of a person not serving on active duty, had to discontinue such course pursuit as a result of being ordered, in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b, or 688 of title 10; or "(ii) in the case of a person serving on active duty, had to discontinue such course pursuit as a result of being ordered, in connection with such War, to a new duty location or assignment or to perform an increased amount of work; and "(iii) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) or (ii) of this subparagraph, his or her course pursuit. "(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(iii) of this paragraph. "(D) The amount in the fund for each eligible veteran who received a payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall be restored to the amount that would have been in the fund for the veteran if the payment had not been made. For purposes of carrying out the previous sentence, the Secretary of Defense shall deposit into the fund, on behalf of each such veteran, an amount equal to the entire amount of the payment made to the veteran. "(E) In the case of a veteran who discontinues pursuit of a course or courses as described in subparagraph (B) of this paragraph, the formula for ascertaining the amount of the monthly payment to which the veteran is entitled in paragraph (2) of this subsection shall be implemented as if— "(i) the payment made to the fund by the Secretary of Defense under subparagraph (D) of this paragraph, and "(ii) any payment for a course or courses described in subparagraph (B) of this paragraph that was paid out of the fund, had not been made or pgiid.". (2) Section 3231(a)(2) of such title is amended by inserting "in paragraph (5)(E) of this subsection and" after "Except as provided". (c) CHAPTER 35 PROGRAM.— Section 3511(a) of such title is amended— (1) by striking out "Each" and inserting in lieu thereof "(1) Each"; and

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