I 

112TH CONGRESS 

1ST SESSION H. R. 117 

To amend title 38, United States Code, to make certain improvements in 

the laws administered by the Secretary of Veterans Affairs, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 5, 2011 

Mr. FILNER introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to make certain 

improvements in the laws administered by the Secretary 

of Veterans Affairs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Housing, Employment, and Living Programs for Vet6 erans Act of 2011’’ or the ‘‘HELP Veterans Act of 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States Code. 


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Sec. 3. Modification of standard of visual acuity required for eligibility for specially adapted housing assistance provided by the Secretary of 

Veterans Affairs. 

Sec. 4. Authorities regarding housing loans guaranteed by the Department of 

Veterans Affairs. 

Sec. 5. Assistance for flight training. 

Sec. 6. Seven-year increase in amount of assistance for individuals pursuing internships or on-the-job training. 

Sec. 7. Extension of authority for certain qualifying work-study activities for 

purposes of the educational assistance programs of the Department of Veterans Affairs. 

Sec. 8. Expansion of work-study allowance to include certain outreach services 

conducted through congressional offices. 

Sec. 9. Temporary reduction of required amount of wages for on-the-job training programs. 

Sec. 10. Reauthorization of Veterans’ Advisory Committee on Education. 

Sec. 11. Review and evaluation of new technology. 

Sec. 12. Child care; President’s Budget. 

Sec. 13. Increase in amount of reporting fee payable to educational institutions 

that enroll veterans receiving educational assistance. 

Sec. 14. Modification of advance payment of initial educational assistance or 

subsistence allowance. 

Sec. 15. Increase in amount of subsistence allowance payable to veterans participating in vocational rehabilitation program. 

Sec. 16. Expansion of availability of employment assistance allowance for veterans using employment services. 

Sec. 17. Veterans entrepreneurial development summit. 

Sec. 18. Increase in the maximum amount of specially adapted housing assistance authorized to be provided by the Secretary of Veterans 

Affairs. 

Sec. 19. Department of Veterans Affairs housing loans for construction of energy efficient dwellings. 

Sec. 20. Pilot program on specially adapted housing assistance for veterans residing temporarily in housing owned by a family member. 

1 SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or a repeal of, a section or other 

5 provision, the reference shall be considered to be made to 

6 a section or other provision of title 38, United States 

7 Code. 


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1 SEC. 3. MODIFICATION OF STANDARD OF VISUAL ACUITY 

2 REQUIRED FOR ELIGIBILITY FOR SPECIALLY 

3 ADAPTED HOUSING ASSISTANCE PROVIDED 

4 BY THE SECRETARY OF VETERANS AFFAIRS. 

5 (a) IN GENERAL.—Section 2101(b)(2)(A) is amend6 ed by striking ‘‘with 5/200’’ and all that follows through 

7 the period and inserting the following: ‘‘with central visual 

8 acuity of 20/200 or less in the better eye with the use 

9 of standard correcting lenses (for purposes of this sub10 paragraph, an eye which is accompanied by a limitation 

11 in the fields of vision such that the widest diameter of 

12 the visual field subtends an angle no greater than 20 de13 grees shall be treated as having a central visual acuity of 

14 20/200 or less).’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall apply with respect to specially adapted 

17 housing assistance provided on or after the date of the 

18 enactment of this Act. 

19 SEC. 4. AUTHORITIES REGARDING HOUSING LOANS GUAR20 ANTEED BY THE DEPARTMENT OF VETERANS 

21 AFFAIRS. 

22 (a) COVENANTS AND LIENS IN RESPONSE TO DIS23 ASTER-RELIEF ASSISTANCE.—Paragraph (3) of section 

24 3703(d) is amended to read as follows: 

25 ‘‘(3)(A) Any real estate housing loan (other than for 

26 repairs, alterations, or improvements) shall be secured by 


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1 a first lien on the realty. In determining whether a loan 

2 is so secured, the Secretary may either disregard or allow 

3 for subordination to a superior lien that— 

4 ‘‘(i) is created by a duly recorded covenant run5 ning with the realty in favor of— 

6 ‘‘(I) a public entity that provides assist7 ance in response to a major disaster as deter8 mined by the President under the Robert T. 

9 Stafford Disaster Relief and Emergency Assist10 ance Act (42 U.S.C. 5121 et seq.); or 

11 ‘‘(II) a private entity to secure an obliga12 tion to such entity for the homeowner’s share of 

13 the costs of the management, operation, or 

14 maintenance of property, services, or programs 

15 within and for the benefit of the development or 

16 community in which the veteran’s realty is lo17 cated; and 

18 ‘‘(ii) the Secretary determines will not prejudice 

19 the interests of the veteran borrower and of the Gov20 ernment by the operation of such a covenant. 

21 ‘‘(B) In respect to a superior lien described by sub22 paragraph (A) that is created after June 6, 1969, the Sec23 retary’s determination must have been made prior to the 

24 recordation of the covenant.’’. 


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1 (b) EXTENSION OF AUTHORITY TO POOL LOANS.— 

2 Paragraph (2) of section 3720(h) is amended by striking 

3 ‘‘2011’’ and inserting ‘‘2016’’. 

4 SEC. 5. ASSISTANCE FOR FLIGHT TRAINING. 

5 Subsection (e)(1) of section 3032 is amended by 

6 striking ‘‘60 percent’’ and inserting ‘‘75 percent’’. 

7 SEC. 6. SEVEN-YEAR INCREASE IN AMOUNT OF ASSISTANCE 

8 FOR INDIVIDUALS PURSUING INTERNSHIPS 

9 OR ON-THE-JOB TRAINING. 

10 During the seven-year period beginning on the date 

11 of the enactment of this Act, the Secretary of Veterans 

12 Affairs shall apply— 

13 (1) section 3032(c)(1) of title 38, United States 

14 Code— 

15 (A) in subparagraph (A), by substituting 

16 ‘‘80 percent’’ for ‘‘75 percent’’; 

17 (B) in subparagraph (B), by substituting 

18 ‘‘60 percent’’ for ‘‘55 percent’’; and 

19 (C) in subparagraph (C), by substituting 

20 ‘‘40 percent’’ for ‘‘35 percent’’; 

21 (2) section 3233(a) of such title— 

22 (A) in paragraph (1), by substituting ‘‘80 

23 percent’’ for ‘‘75 percent’’; 

24 (B) in paragraph (2), by substituting ‘‘60 

25 percent’’ for ‘‘55 percent’’; and 


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1 (C) in paragraph (3), by substituting ‘‘40 

2 percent’’ for ‘‘35 percent’’; 

3 (3) section 3687(b)(2) of such title— 

4 (A) by substituting ‘‘$603’’ for ‘‘$574’’; 

5 (B) by substituting ‘‘$450’’ for ‘‘$429’’; 

6 and 

7 (C) by substituting ‘‘$299’’ for ‘‘$285’’; 

8 and 

9 (4) section 16131(d)(1) of title 10, United 

10 States Code— 

11 (A) in subparagraph (A), by substituting 

12 ‘‘80 percent’’ for ‘‘75 percent’’; 

13 (B) in subparagraph (B), by substituting 

14 ‘‘60 percent’’ for ‘‘55 percent’’; and 

15 (C) in subparagraph (C), by substituting 

16 ‘‘40 percent’’ for ‘‘35 percent’’. 

17 SEC. 7. EXTENSION OF AUTHORITY FOR CERTAIN QUALI18 FYING WORK-STUDY ACTIVITIES FOR PUR19 POSES OF THE EDUCATIONAL ASSISTANCE 

20 PROGRAMS OF THE DEPARTMENT OF VET21 ERANS AFFAIRS. 

22 Paragraph (4) of section 3485(a) is amended by 

23 striking ‘‘June 30, 2013’’ each place it appears and insert24 ing ‘‘June 30, 2020’’. 


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1 SEC. 8. EXPANSION OF WORK-STUDY ALLOWANCE TO IN2 CLUDE CERTAIN OUTREACH SERVICES CON3 DUCTED THROUGH CONGRESSIONAL OF4 FICES. 

5 Section 3485(a)(4) is amended by adding at the end 

6 the following new subparagraph: 

7 ‘‘(K) The following activities carried out at the 

8 offices of Members of Congress for such Members: 

9 ‘‘(i) The distribution of information to 

10 members of the Armed Forces, veterans, and 

11 their dependents about the benefits and services 

12 under laws administered by the Secretary and 

13 other appropriate governmental and non-gov14 ernmental programs. 

15 ‘‘(ii) The provision of assistance in 

16 ascertaining the status of claims (including ap17 peals) for benefits under laws administered by 

18 the Secretary, as well as other constituent serv19 ices for veterans as the Secretary determines 

20 appropriate.’’. 

21 SEC. 9. TEMPORARY REDUCTION OF REQUIRED AMOUNT 

22 OF WAGES FOR ON-THE-JOB TRAINING PRO23 GRAMS. 

24 (a) IN GENERAL.— 


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1 (1) REDUCING REQUIREMENT.—Section 

2 3677(b)(1)(A)(ii) is amended by striking ‘‘85 per 

3 centum’’ and inserting ‘‘60 percent’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

5 by paragraph (1) shall take effect on October 1, 

6 2010, and shall apply to a veteran who enrolls in a 

7 program of training on the job approved under sec8 tion 3677 of title 38, United States Code, on or 

9 after such date. 

10 (b) SUNSET.— 

11 (1) REVERSION.—Effective October 1, 2013, 

12 section 3677(b)(1)(A)(ii) of such title, as amended 

13 by subsection (a) of this section, is amended by 

14 striking ‘‘60 percent’’ and inserting ‘‘85 percent’’. 

15 (2) APPLICATION.—The amendment made by 

16 paragraph (1) shall apply to a veteran who enrolls 

17 in a program of training on the job approved under 

18 section 3677 of title 38, United States Code, on or 

19 after October 1, 2013. 

20 (c) GAO REPORT.—Not later than October 1, 2013, 

21 the Comptroller General shall submit to the Committee 

22 on Veterans’ Affairs of the House of Representatives and 

23 the Committee on Veterans’ Affairs of the Senate a report 

24 on the effects of eliminating the requirement under section 

25 3677(b)(1)(A)(ii) of title 38, United States Code, for a 


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1 private employer to provide wage increases to veterans en2 rolled in a program of training on the job approved under 

3 section 3677 of such title. 

4 SEC. 10. REAUTHORIZATION OF VETERANS’ ADVISORY 

5 COMMITTEE ON EDUCATION. 

6 Section 3692(c) is amended by striking ‘‘December 

7 31, 2013’’ and inserting ‘‘December 31, 2020’’. 

8 SEC. 11. REVIEW AND EVALUATION OF NEW TECHNOLOGY. 

9 The Secretary of Veterans Affairs shall establish a 

10 team of individuals from appropriate disciplines to be re11 sponsible for reviewing new technologies, processes, and 

12 products and for determining which such technologies, 

13 processes, and products may be beneficial to the Depart14 ment of Veterans Affairs or to the veterans served by the 

15 Department. Upon completion of the review under this 

16 subsection, the team shall submit the review to the Sec17 retary, who shall disseminate the review within the De18 partment, as appropriate. 

19 SEC. 12. CHILD CARE; PRESIDENT’S BUDGET. 

20 (a) IN GENERAL.—Chapter 31 is amended by adding 

21 at the end the following new sections: 

22 ‘‘§ 3123. Child care assistance for single parents 

23 ‘‘(a) IN GENERAL.—Pursuant to regulations pre24 scribed by the Secretary to carry out this section, the Sec25 retary shall provide reimbursements for the actual cost of 


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1 child care provided by a licensed provider to a veteran 

2 who— 

3 ‘‘(1) is participating in a vocational rehabilita4 tion program under this chapter; 

5 ‘‘(2) is the sole caretaker of a child; and 

6 ‘‘(3) would not otherwise be able to afford such 

7 child care. 

8 ‘‘(b) AMOUNT AND DURATION.—The amount of the 

9 reimbursement for the actual cost for child care under this 

10 section shall be not more than $2,000 per month for each 

11 month the veteran is participating in a vocational rehabili12 tation program under this chapter. 

13 ‘‘§ 3124. Information included in support of Presi14 dent’s budget 

15 ‘‘The Secretary shall include in documents submitted 

16 to Congress by the Secretary in support of the President’s 

17 budget for each fiscal year submitted under section 1105 

18 of title 31, United States Code, the following: 

19 ‘‘(1) For the calendar year preceding the sub20 mission— 

21 ‘‘(A) the percentage of veterans receiving 

22 assistance under this chapter who became em23 ployed; and 


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1 ‘‘(B) the percentage of veterans receiving 

2 assistance under this chapter who achieved 

3 independence in daily living. 

4 ‘‘(2) Any changes made by the Secretary in 

5 measuring or calculating the performance of the de6 partment under this chapter.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter 31 is amended by adding 

9 at the end the following: 

‘‘3123. Child care assistance for single parents. 

‘‘3124. Information included in support of President’s budget.’’. 

10 SEC. 13. INCREASE IN AMOUNT OF REPORTING FEE PAY11 ABLE TO EDUCATIONAL INSTITUTIONS THAT 

12 ENROLL VETERANS RECEIVING EDU13 CATIONAL ASSISTANCE. 

14 (a) INCREASE IN AMOUNT OF FEE.—Subsection (c) 

15 of section 3684 is amended— 

16 (1) by striking ‘‘$7’’ and inserting ‘‘$16’’; and 

17 (2) by striking ‘‘$11’’ and inserting ‘‘$16’’. 

18 (b) TECHNICAL CORRECTION.—Subsection (a) of 

19 such section is amended by striking the second comma 

20 after ‘‘34’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 subsections (a) and (b) shall take effect on January 1, 

23 2011. 


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1 SEC. 14. MODIFICATION OF ADVANCE PAYMENT OF INITIAL 

2 EDUCATIONAL ASSISTANCE OR SUBSISTENCE 

3 ALLOWANCE. 

4 (a) MODIFICATION.—Section 3680(d)(2) is amended 

5 by inserting after the third sentence the following new sen6 tence: ‘‘For purposes of the entitlement to educational as7 sistance of the veteran or person receiving an advance pay8 ment under this subsection, the advance payment shall be 

9 charged against the final month of the entitlement of the 

10 person or veteran and, if necessary, the penultimate such 

11 month. In no event may any veteran or person receive 

12 more than one advance payment under this subsection 

13 during any academic year.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall apply with respect to an advance pay16 ment of educational assistance made on or after Sep17 tember 1, 2010. 

18 SEC. 15. INCREASE IN AMOUNT OF SUBSISTENCE ALLOW19 ANCE PAYABLE TO VETERANS PARTICI20 PATING IN VOCATIONAL REHABILITATION 

21 PROGRAM. 

22 (a) INCREASE IN SUBSISTENCE ALLOWANCE.—Sec23 tion 3108(b)(1) is amended by striking the table and in24 serting the following new table: 


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Column 

I 

Column 

II 

Column 

III 

Column 

IV Column V 

Type of 

program 

No 

dependents 

One 

dependent 

Two 

dependents 

More than 

two dependents 

....................... .................. ................ .................. The amount in column 

IV, plus the following 

for each dependent in 

excess of two: 

Full-time ....... $576.01 $714.50 $841.98 $61.37 

Three-quarter 

time.

$432.80 $536.65 $629.50 $47.19 

Half-time ...... $289.59 $358.81 $421.77 $31.49. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to a payment made 

3 for the third month beginning after the date of the enact4 ment of this Act and each subsequent month. 

5 SEC. 16. EXPANSION OF AVAILABILITY OF EMPLOYMENT 

6 ASSISTANCE ALLOWANCE FOR VETERANS 

7 USING EMPLOYMENT SERVICES. 

8 Paragraph (2) of section 3108(a) is amended to read 

9 as follows: 

10 ‘‘(2) In the case of a veteran with a service-con11 nected disability who the Secretary determines has 

12 reached a point of employability and who is partici13 pating only in a program of employment services 

14 provided under section 3104(a)(5) of this title, the 

15 Secretary shall pay the veteran a subsistence allow16 ance as prescribed in this section for three months 

17 while the veteran is satisfactorily pursuing such pro18 gram.’’. 


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1 SEC. 17. VETERANS ENTREPRENEURIAL DEVELOPMENT 

2 SUMMIT. 

3 (a) IN GENERAL.—Subchapter II of chapter 81 is 

4 amended by adding at the end the following new section: 

5 ‘‘§ 8120. Veterans entrepreneurial development sum6 mit 

7 ‘‘(a) VETERANS ENTREPRENEURIAL DEVELOPMENT

8 SUMMIT.—The Secretary may hold an event, once every 

9 year, to provide networking opportunities, outreach, edu10 cation, training, and support to small business concerns 

11 owned and controlled by veterans, veterans service organi12 zations, and other entities as determined appropriate by 

13 the Secretary. 

14 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated to carry out this sub16 section $1,000,000 for each of fiscal years 2011 and 

17 2021.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by adding 

20 at the end of the items relating to subchapter II the fol21 lowing: 

‘‘8120. Veterans entrepreneurial development summit.’’. 


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1 SEC. 18. INCREASE IN THE MAXIMUM AMOUNT OF SPE2 CIALLY ADAPTED HOUSING ASSISTANCE AU3 THORIZED TO BE PROVIDED BY THE SEC4 RETARY OF VETERANS AFFAIRS. 

5 (a) IN GENERAL.—Section 2102 is amended— 

6 (1) in subsection (b)(2), by striking ‘‘$12,000’’ 

7 and inserting ‘‘$13,756’’; and 

8 (2) in subsection (d)— 

9 (A) in paragraph (1), by striking 

10 ‘‘$60,000’’ and inserting ‘‘$65,780’’; and 

11 (B) in paragraph (2), by striking 

12 ‘‘$12,000’’ and inserting ‘‘$13,756’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 subsection (a) shall apply with respect to assistance fur15 nished after the date of the enactment of this Act. 

16 SEC. 19. DEPARTMENT OF VETERANS AFFAIRS HOUSING 

17 LOANS FOR CONSTRUCTION OF ENERGY EF18 FICIENT DWELLINGS. 

19 (a) LOANS AUTHORIZED.—Section 3710(d) is 

20 amended— 

21 (1) in paragraph (1)— 

22 (A) by striking ‘‘The Secretary’’ and in23 serting ‘‘(A) The Secretary’’; 

24 (B) by striking ‘‘for the acquisition of’’ 

25 and all that follows through the end and insert26 ing ‘‘for any of the following purposes:’’; 


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1 (C) by adding at the end the following new 

2 clauses: 

3 ‘‘(i) The acquisition of an existing dwelling and 

4 the cost of making energy efficiency improvements 

5 to the dwelling. 

6 ‘‘(ii) The construction of a new dwelling and 

7 the cost of making energy efficiency improvements 

8 to the dwelling. 

9 ‘‘(iii) Energy efficiency improvements to a 

10 dwelling owned and occupied by a veteran.’’; and 

11 (D) by adding at the end the following new 

12 subparagraphs: 

13 ‘‘(B) Except as otherwise provided in this subsection, 

14 a loan may be guaranteed under this subsection only if 

15 it meets the requirements of this chapter. 

16 ‘‘(C) The Secretary shall determine appropriate en17 ergy efficiency standards for purposes of this subsection 

18 and shall require that dwellings purchased, constructed, 

19 or improved using a loan guaranteed under this subsection 

20 meet such standards.’’; and 

21 (2) in paragraph (2), by striking subparagraphs 

22 (A) and (B) and inserting the following new sub23 paragraphs (A) and (B): 

24 ‘‘(A) five percent of the total established value 

25 of the property, dwelling, and improvements; or 


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1 ‘‘(B) $6,000, or a higher amount specifically 

2 provided by the Secretary.’’. 

3 (b) GUIDANCE.—Not later than 180 days after the 

4 date of the enactment of this Act, the Secretary shall issue 

5 guidance on appraising the value of energy efficiency im6 provements for purposes of section 3710(d) of title 38, 

7 United States Code, as amended by this Act. 

8 (c) REGULATIONS.— 

9 (1) INTERIM POLICY GUIDANCE.—Not later 

10 than 90 days after the date of the enactment of this 

11 Act, the Secretary of Veterans Affairs shall prescribe 

12 interim policy guidance on energy efficiency audits 

13 and the conditions under which the performance of 

14 such audits may be included in the amount guaran15 teed by the Secretary under section 3710(d) of title 

16 38, United States Code, as amended by subsection 

17 (a). 

18 (2) REGULATIONS.—Not later than one year 

19 after the date of the enactment of this Act, the Sec20 retary shall prescribe regulations to carry out the 

21 amendments made by subsection (a). 

22 (3) ENERGY EFFICIENCY AUDIT DEFINED.— 

23 For purposes of this subsection, the term ‘‘energy 

24 efficiency audit’’ means a measurement of the ef25 fects of an improvement made to a dwelling for the 


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1 purpose of reducing energy consumption or increas2 ing energy efficiency that is carried out by a cer3 tified professional auditor, as determined by the Sec4 retary. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 subsections (a) and (b) shall apply with respect to a loan 

7 secured on or after January 1, 2011. 

8 SEC. 20. PILOT PROGRAM ON SPECIALLY ADAPTED HOUS9 ING ASSISTANCE FOR VETERANS RESIDING 

10 TEMPORARILY IN HOUSING OWNED BY A 

11 FAMILY MEMBER. 

12 (a) TREATMENT OF CERTAIN LIMITATIONS.—Not13 withstanding subsection (d) of section 2102 of title 38, 

14 United States Code, and subject to subsection (b), a grant 

15 under section 2102A of such title shall not count toward 

16 the dollar amount limitations specified in that subsection. 

17 (b) TERMINATION.—Subsection (a) shall apply only 

18 to the first 25 grants made during fiscal year 2012. 

Æ 


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