Page:United States Statutes at Large Volume 106 Part 5.djvu/691

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PUBLIC LAW 102-568—OCT. 29, 1992 106 STAT. 4329 (3) by inserting after subsection (b) the following new sub- / section (c): "(c)(1) "Hie amount of basic educational allowance payable under this chapter to an individual referred to in paragraph (2) of this subsection is the amount determined under subsection (a) of this section. '^(2) Paragraph (1) of this subsection applies to an individual entitled to an educational, assistance allowance under section 3011 of this title— (A) whose initial obligated period of active duty is less than three years; "(B) who, beginning on the date of the commencement of the person's initial obligated period of such duty, serves a continuous period of active duty of not less than three years; and "(C) who, after the completion of that continuous period of active duty, meets one of the conditions set forth in subsection (a)(3) of such section 3011.". (b) CONFORMING AMENDMENTS.— Such section 3015 (as so amended) is further amended— (1) in subsection (a), by striking out "and (f)" and inserting in lieu thereof "(f), and (g)"; and (2) in subsection (b), by striking out "and (f)" and inserting in lieu thereof "(f), and (g)". (c) EFFECTIVE DATE.— The amendments made by subsections 38 USC 3015 (a) and (b) shall take effect as if enacted on June 30, 1985, and "°^- appl3r to the payment of educational assistance for education or training pursued on or after September 1, 1993. SEC. 308. DEATH BENEFIT. Section 3017(a)(l)(B) is amended by inserting before the comma "or within one year after discharge or release from active duty". SEC. 309. CLARIFICATION OF OPPORTUNITY TO WITHDRAW ELECTION NOT TO ENROLL IN MONTGOMERY GI BILL PROGRAM. (a) CLARIFICATION, —Section 3018(b)(3)(B) is amended— (1) by striking out "or (iii)" and inserting in lieu thereof "(iii)"; and (2) by adding before the semicolon at the end the following: Regulations. ", or (iv) a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performsmce of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense (or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service of the Navy)". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 38 USC 30i8 shall take effect as if enacted on December 1, 1988. "° ^- SEC. 310. USE OF EDUCATIONAL ASSISTANCE FOR SOLO FUGHT TRAINING. (a) ACTIVE-DUTY PROGRAM.—Section 3032(f) is amended— (1) in paragraph (1), by striking out "(other than tuition and fees charged for or attributable to solo flying hours)"; and (2) by adding at the end the following new paragraph (4):