(2) A power of attorney that expires by its terms after July 31, 1990. EC. 702 [50 U.S.C. App. 592]. (a) This section applies to a perwho (1) after July 31, 1990, is ordered to active duty (other than for training) pursuant to section 672 (a) or (g), 673, 673b, 674, 675, or 688 of title 10, United States Code, or who is ordered to active duty under section 672(d) of such title during a period when members are on active duty pursuant to any of the preceding sections; and (2) immediately before receiving the order to active duty (A) was engaged in the furnishing of health-care services or other services determined by the Secretary of Defense to be professional services; and (B) had in effect a professional liability insurance policy that does not continue to cover claims filed with respect to such person during the period of the person's active duty unless the premiums are paid for such coverage for such period. b)(1) Coverage of a person referred to in subsection (a) by a prosional liability insurance policy shall be suspended in accordance h this subsection upon receipt of the written request of such son by the insurance carrier. 2) A professional liability insurance carrier (A) may not require that premiums be paid by or on behalf of a person for any professional liability insurance coverage suspended pursuant to paragraph (1); and (B) shall refund any amount paid for coverage for the period of such suspension or, upon the election of such person, apply such amount for the payment of any premium becoming due upon the reinstatement of such coverage. 3) A professional liability insurance carrier shall not be liable h respect to any claim that is based on professional conduct (inding any failure to take any action in a professional capacity) of erson that occurs during a period of suspension of that person's fessional liability insurance under this subsection. For the purses of the preceding sentence, a claim based upon the failure of rofessional to make adequate provision for patients to be cared during the period of the professional's active duty service shall considered to be based on an action or failure to take action bee the beginning of the period of suspension of professional liabilinsurance under this subsection, except in a case in which prosional services were provided after the date of the beginning of h period. cX1) Professional liability insurance coverage suspended in the e of any person pursuant to subsection (b) shall be reinstated the insurance carrier on the date on which that person transs to the insurance carrier a written request for reinstatement. 2) The request of a person for reinstatement shall be effective y if the person transmits the request to the insurance carrier hin 30 days after the date on which the person is released from ive duty. The insurance carrier shall notify the person of the due e for payment of the premium of such insurance. Such premium shall be paid by the person within 30 days after the receipt of that notice. (3) The period for which professional liability insurance coverage shall be reinstated for a person under this subsection may not be less than the balance of the period for which coverage would have continued under the insurance policy if the coverage had not been suspended. (d) An insurance carrier may not increase the amount of the premium charged for professional liability insurance coverage of any person for the minimum period of the reinstatement of such coverage required under subsection (c)(3) to an amount greater than the amount chargeable for such coverage for such period before the suspension, except to the extent of any general increase in the premium amounts charged by that carrier for the same professional liability coverage for persons similarly covered by such insurance during the period of the suspension. (e) This section does not (1) require a suspension of professional liability insurance coverage for any person who is not a person referred to in subsection (a) and who is covered by the same professional liability insurance as a person referred to in such subsection; or (2) relieve any person of the obligation to pay premiums for the coverage not required to be suspended. (f)(1) A civil or administrative action for damages on the basis of the alleged professional negligence or other professional liability of a person whose professional liability insurance coverage has been suspended under subsection (b) shall be stayed until the end of the period of the suspension if— (A) the action was commenced during that period; (B) the action is based on an act or omission that occurred before the date on which the suspension became effective; and (C) the suspended professional liability insurance would, except for the suspension, on its face cover the alleged professional negligence or other professional liability negligence or other professional liability of the person. (2) Whenever a civil or administrative action for damages is stayed under paragraph (1) in the case of any person, the action shall be deemed to have been filed on the date on which the professional liability insurance coverage of such person is reinstated under subsection (c). (g) In the case of a civil or administrative action for which a stay could have been granted under subsection (f) by reason of the suspension of professional liability insurance coverage of the defendant under this section, the period of the suspension of the coverage shall be excluded from the computation of any statutory period of limitation on the commencement of such action. (h) If a person whose professional liability insurance coverage is suspended under subsection (b) dies during the period of the suspension (1) the requirement for the grant or continuance of a stay in any civil or administrative action against such person under subsection (f)(1) shall terminate on the date of the death of such person; and (2) the carrier of the professional liability insurance so suspended shall be liable for any claim for damages for professional negligence or other professional liability of the deceased person in the same manner and to the same extent as such carrier would be liable if the person had died while covered by such insurance but before the claim was filed. (i) In this section: (1) The term "active duty" has the meaning given that term in section 101 of title 10, United States Code. (2) The term "profession" includes occupation. (3) The term "professional" includes occupational. SEC. 703 [50 U.S.C. App. 593]. (a) A person who, by reason of military service described in section 702(a)(1), is entitled to the rights and benefits of this Act shall also be entitled upon release from such military service to reinstatement of any health insurance which (1) was in effect on the day before such service commenced, and (2) was terminated effective on a date during the period of such service. (b) An exclusion or a waiting period may not be imposed in connection with reinstatement of health insurance coverage of a health or physical condition of a person under subsection (a), or a health or physical condition of any other person who is covered by the insurance by reason of the coverage of such person, if— (1) the condition arose before or during that person's period of training or service in the Armed Forces; (2) an exclusion or waiting period would not have been imposed for the condition during a period of coverage resulting from participation by such person in the insurance; and (3) the condition of such person has not been determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty (within the meaning of section 105 of title 38, United States Code). (c) Subsection (a) does not apply in the case of employer-offered nsurance benefits in which a person referred to in such subsection s entitled to participate pursuant to the provisions of chapter 43 f title 38, United States Code. 31. 32. 33. 34. 35. 36. TITLE 10, UNITED STATES CODE CHAPTER 1606—EDUCATIONAL ASSISTANCE FOR Educational assistance program: establishment; amount. Time limitation for use of entitlement. Failure to participate satisfactorily; penalties. 37. Reports to Congress. 6131. Educational assistance program: establishment; amount a) To encourage membership in units of the Selected Reserve of Ready Reserve, the Secretary of each military department, der regulations prescribed by the Secretary of Defense, and the retary of Transportation, under regulations prescribed by the retary with respect to the Coast Guard when it is not operating a service in the Navy, shall establish and maintain a program provide educational assistance to members of the Selected Reve of the Ready Reserve of the armed forces under the jurisdic1 of the Secretary concerned who agree to remain members of Selected Reserve for a period of not less than six years. bX1) Except as provided in paragraph (2) and subsections (d) ough (f), each educational assistance program established under section (a) shall provide for payment by the Secretary conned, through the Secretary of Veterans Affairs, to each person itled to educational assistance under this chapter who is pursua program of education of an educational assistance allowance he following rates: (A) $190 per month for each month of full-time pursuit of a program of education; (B) $143 per month for each month of three-quarter-time pursuit of a program of education; (C) $95 per month for each month of half-time pursuit of a program of education; and (D) an appropriately reduced rate, as determined under regulations which the Secretary of Veterans Affairs shall prescribe, for each month of less than half-time pursuit of a program of education, except that no payment may be made to a person for less than half-time pursuit if tuition assistance is otherwise available to the person for such pursuit from the military department concerned. 2) With respect to any fiscal year beginning on or after October 1994, the Secretary shall continue to pay, in lieu of the rates able under subparagraphs (A), (B), and (C) of paragraph (1), the |