Page:United States Statutes at Large Volume 115 Part 1.djvu/1001

 PUBLIC LAW 107-103—DEC. 27, 2001 115 STAT. 979 SEC. 103. RESTORATION OF CERTAIN EDUCATION BENEFITS OF INDIVIDUALS BEING ORDERED TO ACTIVE DUTY. (a) IN GENERAL.—Sections 3013(f)(2)(A), 3231(a)(5)(B)(i), and 3511(a)(2)(B)(i) are each amended by striking ", 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;" and inserting "to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;". (b) INCREASE IN CHAPTER 35 DELIMITING PERIOD.— Section 3512 is amended by adding at the end the following new subsection: "(h) Notwithstanding any other provision of this section, if an eligible person, during the delimiting period otherwise applicable to such person under this section, serves on active duty pursuant to an order to active duty issued under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, such person shall be granted an extension of such delimiting period for the length of time equal to the period of such active duty plus four months.". (c) APPLICATION TO CHAPTER 31.— (1) Section 3105 is amended by adding at the end the following new subsection: "(e)(1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of a subsistence allowance and other assistance described in paragraph (2) shall not— "(A) be charged against any entitlement of any veteran under this chapter; or "(B) be counted toward the aggregate period for which section 3695 of this title limits an individual's receipt of allowance or assistance. "(2) The payment of the subsistence allowance and other assistance referred to in paragraph (1) is the payment of such an allowance or assistance for the period described in paragraph (3) to a veteran for participation in a vocational rehabilitation program under this chapter if the Secretary finds that the veteran had to suspend or discontinue participation in such vocational rehabilitation program as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10. "(3) The period for which, by reason of this subsection, a subsistence allowance and other assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall be the period of participation in the vocational rehabilitation program for which the veteran failed to receive credit or with respect to which the veteran lost training time, as determined by the Secretary.". (2) Section 3103 is antiended by adding at the end the following new subsection: "(e) In any case in which the Secretary has determined that a veteran was prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility otherwise prescribed in this section as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, such period of . eligibility shall not run for the period of such active duty service plus four months. (d) CONFORMING AMENDMENTS.— Sections 3013(f)(2)(B) and 3231(a)(5)(B)(ii) of such title are each amended by striking ", in connection with such War,".

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