Veterans' Educational Assistance Amendments of 1991
PL 102-127 (S.868), enacted 10/10/1991

PUBLIC LAW 102-127—OCT. 10, 1991 
105 STAT. 619 
Public Law 102-127 
102d Congress 
An Act 
To amend title 10, United States Code, and title 38, United States Code, to improve 
the educational assistance benefits for members of the reserve components of the 
Armed Forces who served on active duty during the Persian Gulf War, to improve 
and clarify the eligibility of certain veterans for employment and training assist-
ance, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
Amendments of 1991". 
'Veterans' Educational Assistance 
SEC. 2. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE. 
(a) CHAPTER 30 PROGRAM.—Section 3013 of title 38, United States 
Code, is amended by adding at the end the following new subsection: 
"(f)(1) Notwithstanding any other provision of this chapter or 
chapter 36 of this title, any payment of an educational assistance 
allowance described in paragraph (2) shall not— 
"(A) be charged against any entitlement of any individual 
under this chapter; or 
"(B) be counted toward the aggregate period for which section 
3695 of this title limits an individual's receipt of assistance. 
"(2) Subject to paragraph (3), the payment of the educational 
assistance allowance referred to in paragraph (1) is the payment of 
such an allowance to an individual for pursuit of a course or courses 
under this chapter if the Secretary finds that the individual— 
"(A) 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 
"(B) 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 
"(C) failed to receive credit or lost training time toward 
completion of the individual's approved education, professional, 
or vocational objective as a result of having to discontinue, as 
described in subparagraph (A) or (B), his or her course pursuit. 
"(3) The period for which, by reason of this subsection, an edu-
cational 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 paragraph (2XC) of this subsection.". 
O
t
>
) CHAPTER 32 PROGRAM.^(I) Section 3231(a) of such title is 
amended by adding at the end the following new paragraph: 
Oct. 10, 1991 
[S. 868] 
Veterans' 
Educational 
Assistance 
Amendments 
of 1991. 
38 u s e 101 
note. 
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 comple-
tion 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 edu-
cational 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 re-
ceived a pa5mient 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 carrjdng 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 pajnnent 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 subpara-
graph (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 amend-
ed— 
(1) by striking out "Each" and inserting in lieu thereof "(1) 
Each"; and 
PUBLIC LAW 102-127—OCT. 10, 1991 
105 STAT. 621 
(2) by adding at the end the following new paragraph: 
"(2XA) Notwithstanding any other provision of this chapter or 
chapter 36 of this title, any payment of an educational eissistance 
allowance described in subparagraph (B) of this paragraph shall 
not— 
"(i) be charged against the entitlement of any individual 
under this chapter; or 
"(ii) be counted toward the aggregate period for which section 
3695 of this title limits an individual's receipt of assistance. 
"(B) The payment of the educational assistance allowance referred 
to in subparagraph (A) of this paragraph is the payment of such an 
allowance to an individual for pursuit of a course or courses under 
this chapter if the Secretary finds that the individual— 
"(i) 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; and 
"(ii) failed to receive credit or training time toward comple-
tion of the individual's approved educational, professional, or 
vocational objective as a result of having to discontinue, as 
described in clause (i) of this subparagraph, his or her course 
pursuit. 
"(C) The period for which, by reason of this subsection, an edu-
cational 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)(ii) of this paragraph.". 
(d) SELECTED RESERVE PROGRAM.—Section 2131(c) of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(3)(A) Notwithstanding any other provision of this chapter or 
chapter 36 of title 38, any payment of an educational assistance 
allowance described in subparagraph (B) of this paragraph shall 
not— 
"(i) be charged against the entitlement of any individual 
under this chapter; or 
"(ii) be counted toward the aggregate period for which section 
3695 of title 38 limits an individual's receipt of assistance. 
"(B) The payment of the educational assistance allowance referred 
to in subparagraph (A) of this paragraph is the payment of such an 
allowance to the individual for pursuit of a course or courses under 
this chapter if the Secretary of Veterans Affairs finds that the 
individual— 
"(i) 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, or 673b of this 
title; and 
"(ii) failed to receive credit or training time toward comple-
tion of the individual's approved educational, professional, or 
vocational objective as a result of having to discontinue, as 
described in clause (i) of this subparagraph, his or her course 
pursuit. 
"(C) The period for which, by reason of this subsection, an edu-
cational assistance allowance is not charged against entitlement or 
counted toward the applicable aggregate period under section 3695 
105 STAT. 622 
PUBLIC LAW 102-127—OCT. 10, 1991 
of title 38 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 deter-
mined under subparagraph (BXii) of this paragraph.". 
SEC. 3. DELIMITING DATE. 
Section 2133(b) of title 10, United States Code, is amended by 
adding at the end the following: 
"(4XA) In the CEise of a member of the Selected Reserve of the 
Ready Reserve who, during the Persian Gulf War, serves on active 
duty pursuant to an order to active duty issued under section 672 (a), 
(d), or (g), 673, or 673b of this title— 
"(i) the period of such active duty service plus four months 
shall not be considered in determining the expiration date 
applicable to such member under subsection (a); and 
"(ii) the member may not be considered to have been sepa-
rated from the Selected Reserve for the purposes of clause (2) of 
such subsection by reason of the commencement of such active 
duty service. 
"(B) For the purposes of this paragraph, the term 'Persian Gulf 
War' shall have the meaning given such term in section 101(33) of 
title 38.". 
SEC. 4. CLARIFICATION OF ELIGIBILITY FOR EMPLOYMENT AND TRAIN-
ING ASSISTANCE. 
Section 4214(b)(2)(A)(i) of title 38, United States Code, is amended 
by striking out "has a service-connected disability" and inserting in 
lieu thereof "is entitled to disability compensation under the laws 
administered by the Secretary or whose discharge or release from 
active duty was for a disability incurred or aggravated in line of 
duty.". 
SEC. 5. ELIGIBILITY OF MEMBERS OF A RESERVE COMPONENT FOR 
EMPLOYMENT AND TRAINING ASSISTANCE. 
Section 4211(4) of title 38, United States Code, is amended to read 
as follows: 
"(4) The term 'eligible veteran' means a person who— 
"(A) served on active duty for a period of more than 180 days 
and was discharged or released therefrom with other than a 
J dishonorable discharge; 
"(B) was discharged or released from active duty because of a 
service-connected disability; or 
"(C) as a member of a reserve component under an order to 
active duty pursuant to section 672 (a), (d), or (g), 673, or 673b of 
title 10, served on active duty during a period of war or in a 
campaign or expedition for which a campaign badge is au-
thorized and was discharged or released from such duty with 
other than a dishonorable discharge.". 
SEC. 6. IMPROVEMENT IN PAYMENT OF EDUCATIONAL ASSISTANCE FOR 
RESERVISTS CALLED TO ACTIVE DUTY. 
(a) IN GENERAL.—Clause (3) of section 3680(a) of title 38, United 
States Code, is amended to read as follows— 
"(3) to any eligible veteran or person for a course for which 
the grade assigned is not used in computing the requirements 
for graduation including a course from which the student with-
draws unless— 
PUBLIC LAW 102-127—OCT. 10, 1991 
105 STAT. 623 
"(A) the eligible veteran or person withdraws because he 
or she is ordered to active duty; or 
"(B) the Secretary finds there are mitigating cir-
cumstances, except that, in the first instance of withdrawal 
(without regard to withdrawals described in subclause (A) of 
this clause) by the eligible veteran or person from a course 
or courses with respect to which the veteran or person has 
been paid assistance under this title, mitigating cir-
cumstances shall be considered to exist with respect to 
courses totaling not more than six semester hours or the 
equivalent thereof; or", 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 38USC3680 
shall take effect as of August 1,1990. 
note. 
Approved October 10, 1991. 
LEGISLATIVE HISTORY—S. 868: 
SENATE REPORTS: No. 102-124 (Comm. on Veterans' Affaire). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Aug. 2, considered and passed Senate. 
Sept. 16, considered and passed House.