I 

111TH CONGRESS 

2D SESSION H. R. 5933 

To amend title 38, United States Code, to improve educational assistance 

for veterans who served in the Armed Forces after September 11, 2001, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2010 

Mr. MINNICK (for himself, Mr. FILNER, Ms. MARKEY of Colorado, Mr. 

PERRIELLO, Mr. CHILDERS, Mr. MURPHY of New York, Mr. LOEBSACK, 

Ms. NORTON, Mr. KISSELL, Mr. CARNEY, Ms. GINNY BROWN-WAITE of 

Florida, Mr. BARTLETT, Mr. COURTNEY, Mr. HALL of New York, Mr. 

COSTA, Mr. LATHAM, Mr. WILSON of Ohio, Mr. KRATOVIL, and Mr. 

ELLSWORTH) introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve educational assistance for veterans who served in the Armed 

Forces after September 11, 2001, 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. 

4 This Act may be cited as the ‘‘Post-9/11 Veterans 

5 Educational Assistance Improvements Act of 2010’’. 


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1 SEC. 2. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL 

2 ASSISTANCE. 

3 (a) MODIFICATION OF DEFINITIONS THAT CONCERN

4 ELIGIBILITY FOR EDUCATIONAL ASSISTANCE.— 

5 (1) MODIFICATION OF DEFINITION OF ACTIVE

6 DUTY WITH RESPECT TO MEMBERS OF RESERVE

7 COMPONENTS GENERALLY.—Paragraph (1)(B) of 

8 section 3301 of title 38, United States Code, is 

9 amended by striking ‘‘of title 10.’’ and inserting the 

10 following: ‘‘of title 10— 

11 ‘‘(i) for the purpose of organizing, ad12 ministering, recruiting, instructing, or 

13 training the reserve components of the 

14 Armed Forces; or 

15 ‘‘(ii) in support of a contingency oper16 ation (as defined in section 101(a) of title 

17 10).’’. 

18 (2) EXPANSION OF DEFINITION OF ACTIVE

19 DUTY TO INCLUDE SERVICE IN NATIONAL GUARD

20 FOR CERTAIN PURPOSES.—Paragraph (1) of such 

21 section is amended by adding at the end the fol22 lowing new subparagraph: 

23 ‘‘(C) In the case of a member of the Army 

24 National Guard of the United States or Air Na25 tional Guard of the United States, in addition 


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1 to service described in subparagraph (B), full2 time service— 

3 ‘‘(i) in the National Guard of a State 

4 for the purpose of organizing, admin5 istering, recruiting, instructing, or training 

6 the National Guard; or 

7 ‘‘(ii) in the National Guard under sec8 tion 502(f) of title 32 when authorized by 

9 the President or Secretary of Defense.’’. 

10 (3) EXPANSION OF DEFINITION OF ENTRY

11 LEVEL AND SKILL TRAINING TO INCLUDE ONE STA12 TION UNIT TRAINING.—Paragraph (2)(A) of such 

13 section is amended by inserting ‘‘or One Station 

14 Unit Training’’ before the period at the end. 

15 (b) CLARIFICATION OF APPLICABILITY OF HONOR16 ABLE SERVICE REQUIREMENT FOR CERTAIN DISCHARGES

17 AND RELEASES FROM THE ARMED FORCES AS BASIS FOR

18 ENTITLEMENT TO EDUCATIONAL ASSISTANCE.—Section 

19 3311(c)(4) of such title is amended in the matter pre20 ceding subparagraph (A) by striking ‘‘A discharge or re21 lease from active duty in the Armed Forces’’ and inserting 

22 ‘‘A discharge or release from active duty in the Armed 

23 Forces after service on active duty in the Armed Forces 

24 characterized by the Secretary concerned as honorable 

25 service’’. 


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1 (c) EXCLUSION OF PERIOD OF SERVICE ON ACTIVE

2 DUTY OF PERIODS OF SERVICE IN CONNECTION WITH

3 ATTENDANCE AT THE COAST GUARD ACADEMY.—Section 

4 3311(d)(2) of such title is amended by inserting ‘‘or sec5 tion 182 of title 14’’ before the period at the end. 

6 SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND 

7 TYPES OF APPROVED PROGRAMS OF EDU8 CATION. 

9 (a) AMOUNT OF EDUCATIONAL ASSISTANCE FOR

10 PROGRAMS OF EDUCATION PURSUED ON AT LEAST A

11 HALF-TIME BASIS.—Section 3313 of title 38, United 

12 States Code, is amended— 

13 (1) in subsection (c)— 

14 (A) by striking the subsection heading and 

15 inserting the following: ‘‘PROGRAMS OF EDU16 CATION AT INSTITUTIONS OF HIGHER LEARN17 ING PURSUED ON AT LEAST A HALF-TIME

18 BASIS.—’’; 

19 (B) in the matter preceding paragraph (1) 

20 by inserting ‘‘at an institution of higher learn21 ing (as defined in section 3452(f) of this title)’’ 

22 after ‘‘program of education’’; and 

23 (C) in paragraph (1), by amending sub24 paragraph (A) to read as follows: 

25 ‘‘(A) An amount equal to— 


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1 ‘‘(i) in the case that such institution 

2 is a public institution of higher learning, 

3 the established charges for the program of 

4 education; and 

5 ‘‘(ii) in the case that such institution 

6 is a non-public or foreign institution of 

7 higher learning, the lesser of— 

8 ‘‘(I) the established charges for 

9 the program of education; or 

10 ‘‘(II) $20,000 for each academic 

11 year.’’; and 

12 (2) by redesignating subsection (h) as sub13 section (i); and 

14 (3) by adding at the end the following new sub15 section: 

16 ‘‘(h) ANNUAL INCREASE IN CERTAIN AMOUNTS.— 

17 ‘‘(1) IN GENERAL.—On August 1 of each year, 

18 the Secretary shall provide an increase in the 

19 amount in effect under subsection (c)(1)(A)(ii)(II) 

20 equal to the percentage by which— 

21 ‘‘(A) the average cost of undergraduate 

22 tuition in the United States, as determined by 

23 the National Center for Education Statistics, 

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1 ning of the fiscal year for which the increase is 

2 made, exceeds 

3 ‘‘(B) the average cost of undergraduate 

4 tuition in the United States, as so determined, 

5 for the academic year preceding the academic 

6 year described in subparagraph (A). 

7 ‘‘(2) APPLICABILITY.—Any increase under 

8 paragraph (1) shall only apply to academic terms be9 ginning on or after the date on which the increase 

10 is made and shall be rounded to the nearest whole 

11 dollar amount.’’. 

12 (b) AMOUNT OF EDUCATIONAL ASSISTANCE FOR

13 PROGRAMS OF EDUCATION PURSUED ON LESS THAN A

14 HALF-TIME BASIS.—Subsection (f) of section 3313 of 

15 title 38, United States Code, is amended— 

16 (1) by striking the subsection heading and in17 serting the following: ‘‘PROGRAMS OF EDUCATION

18 AT INSTITUTIONS OF HIGHER LEARNING PURSUED

19 ON LESS THAN A HALF-TIME BASIS.—’’; 

20 (2) in paragraph (1), by striking ‘‘on half-time 

21 basis or less’’ and inserting ‘‘on less than a half-time 

22 basis’’; 

23 (3) in paragraph (2), by striking ‘‘on half-time 

24 basis or less’’ and inserting ‘‘on less than a half-time 

25 basis’’; and 


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1 (4) in paragraph (3), by striking ‘‘on half-time 

2 basis or less’’ and inserting ‘‘on less than a half-time 

3 basis’’. 

4 (c) MODIFICATION OF AMOUNT OF MONTHLY STI5 PENDS, INCLUDING STIPENDS FOR PART-TIME STUDY, 

6 DISTANCE LEARNING, AND PURSUIT OF PROGRAMS OF

7 EDUCATION AT FOREIGN INSTITUTIONS OF HIGHER

8 LEARNING.—Subparagraph (B) of section 3313(c)(1) of 

9 such title is amended— 

10 (1) by redesignating clause (ii) as clause (iv); 

11 and 

12 (2) by striking clause (i) and inserting the fol13 lowing new clauses: 

14 ‘‘(i) Except as provided in clauses (ii) 

15 and (iii), for each month the individual 

16 pursues the program of education, a 

17 monthly housing stipend amount equal to 

18 the product of— 

19 ‘‘(I) the monthly amount of the 

20 basic allowance for housing payable 

21 under section 403 of title 37 for a 

22 member with dependents in pay grade 

23 E–5 residing in the military housing 

24 area that encompasses all or the ma25 jority portion of the ZIP code area in 


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1 which is located the institution of 

2 higher learning at which the indi3 vidual is enrolled, multiplied by 

4 ‘‘(II) in the case of an individual 

5 enrolled in a program of education— 

6 ‘‘(aa) on a full-time basis, 

7 100 percent; 

8 ‘‘(bb) on a three-quarter9 time basis, 75 percent; or 

10 ‘‘(cc) on a half-time basis, 

11 50 percent. 

12 ‘‘(ii) In the case of an individual pur13 suing a program of education at a foreign 

14 institution of higher learning, for each 

15 month the individual pursues the program 

16 of education, a monthly housing stipend 

17 amount equal to the product of— 

18 ‘‘(I) the national average of the 

19 monthly amount of the basic allow20 ance for housing payable under sec21 tion 403 of title 37 for a member with 

22 dependents in pay grade E–5, multi23 plied by 

24 ‘‘(II) in the case of an individual 

25 enrolled in a program of education— 


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1 ‘‘(aa) on a full-time basis, 

2 100 percent; 

3 ‘‘(bb) on a three-quarter4 time basis, 75 percent; or 

5 ‘‘(cc) on a half-time basis, 

6 50 percent. 

7 ‘‘(iii) In the case of an individual pur8 suing a program of education through dis9 tance learning on a half-time basis or 

10 more, a monthly housing stipend amount 

11 in an amount equal to the monthly amount 

12 of the basic allowance for housing payable 

13 under section 403 of title 37 for a member 

14 with dependents in pay grade E-5 residing 

15 in the military housing area that encom16 passes all or the majority portion of the 

17 ZIP code area in which the individual re18 sides.’’. 

19 (d) EDUCATIONAL ASSISTANCE FOR APPROVED PRO20 GRAMS OF EDUCATION AT INSTITUTIONS OTHER THAN

21 INSTITUTIONS OF HIGHER LEARNING.— 

22 (1) APPROVED PROGRAMS OF EDUCATION AT

23 INSTITUTIONS OTHER THAN INSTITUTIONS OF HIGH24 ER LEARNING.—Subsection (b) of section 3313 of 

25 such title is amended to read as follows: 


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1 ‘‘(b) APPROVED PROGRAMS OF EDUCATION.—For 

2 purposes of this chapter, a program of education is an 

3 approved program of education for purposes of this chap4 ter if the program of education is approved for purposes 

5 of chapter 30 of this title (including approval by the State 

6 approving agency concerned) and— 

7 ‘‘(1) is offered by an institution offering post8 secondary level academic instruction that leads to an 

9 associate or higher degree and such institution is an 

10 institution of higher learning (as that term is de11 fined in section 3452(f) of this title); or 

12 ‘‘(2) is offered by an institution offering in13 struction that does not lead to an associate or higher 

14 degree and such institution is an educational institu15 tion (as that term is defined in section 3452(c) of 

16 this title).’’. 

17 (2) ASSISTANCE FOR PURSUIT OF PROGRAMS

18 OF EDUCATION AT INSTITUTIONS OTHER THAN IN19 STITUTIONS OF HIGHER LEARNING.—Such section is 

20 further amended— 

21 (A) by redesignating subsections (g), (h) 

22 (as added by subsection (c)), and (i) (as redes23 ignated by as subsection(c)) as subsections (h), 

24 (i), and (j) respectively; and 


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1 (B) by inserting after subsection (f) the 

2 following new subsection (g): 

3 ‘‘(g) PROGRAMS OF EDUCATION PURSUED AT INSTI4 TUTIONS OTHER THAN INSTITUTIONS OF HIGHER

5 LEARNING.— 

6 ‘‘(1) IN GENERAL.—Educational assistance is 

7 payable under this chapter for pursuit of an ap8 proved program of education at an institution other 

9 than an institution of higher learning. 

10 ‘‘(2) AMOUNT OF ASSISTANCE.—The amounts 

11 of educational assistance payable under this chapter 

12 to each individual entitled to educational assistance 

13 under this chapter who is pursuing an approved pro14 gram of education at an institution other than an in15 stitution of higher learning (as defined in section 

16 3452(f) of this title) are amounts as follows: 

17 ‘‘(A) In the case of an individual enrolled 

18 in a program of education consisting of on-job 

19 training or a program of apprenticeship, a sti20 pend for each month the individual pursues the 

21 program, as follows: 

22 ‘‘(i) For the first six-month period of 

23 the program, an amount equal to the 

24 monthly amount of the basic allowance for 

25 housing payable under section 403 of title 


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1 37 for a member with dependents in pay 

2 grade E–5 residing in the military housing 

3 area that encompasses all or the majority 

4 portion of the ZIP code area in which the 

5 employer is located. 

6 ‘‘(ii) For the second six-month period 

7 of the program, an amount equal to 80 

8 percent of such amount. 

9 ‘‘(iii) For the third six-month period 

10 of the program, an amount equal to 60 

11 percent of such amount. 

12 ‘‘(iv) For any month after the first 18 

13 months of such program, an amount equal 

14 to 40 percent of such amount. 

15 ‘‘(B) In the case of an individual enrolled 

16 in a program of education consisting of flight 

17 training, an amount equal to the lesser of— 

18 ‘‘(i) the established charges for the 

19 program of education; or 

20 ‘‘(ii) 60 percent of the amount in ef21 fect under section 3313(c)(1)(A)(ii)(II) of 

22 this title. 

23 ‘‘(C) In the case of an individual enrolled 

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1 clusively by correspondence, an amount equal to 

2 the lesser of— 

3 ‘‘(i) the established charges for the 

4 program of education; or 

5 ‘‘(ii) 55 percent of the amount in ef6 fect under section 3313(c)(1)(A)(ii)(II) of 

7 this title. 

8 ‘‘(3) CHARGE AGAINST ENTITLEMENT.—The 

9 entitlement of an individual to educational assistance 

10 under this chapter shall be charged at the rate of 

11 one month for each month of assistance provided 

12 under this subsection.’’. 

13 (3) CONFORMING AMENDMENT.—Subsection (i) 

14 of such section 3313, as redesignated by paragraph 

15 (2) of this subsection, is amended by striking 

16 ‘‘(e)(2), and (f)(2)(A)’’ and inserting ‘‘subsections 

17 (e)(2) and (f)(2)(A), and subparagraphs (A)(i), (B), 

18 and (C), of subsection (g)(2)’’. 

19 (e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE

20 DUTY.— 

21 (1) IN GENERAL.—Subsection (e)(2) of such 

22 section is amended— 

23 (A) by redesignating subparagraphs (A) 

24 and (B) as clauses (i) and (ii), respectively; 


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1 (B) in the matter preceding clause (i), as 

2 redesignated by subparagraph (A)— 

3 (i) by striking ‘‘The amount’’ and in4 serting ‘‘The amounts’’; and 

5 (ii) by striking ‘‘is the lesser of—’’ 

6 and inserting ‘‘are the amounts as follows: 

7 ‘‘(A) An amount equal to the lesser of—’’; 

8 and 

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

10 subparagraph (B): 

11 ‘‘(B) For the first month of each quarter, 

12 semester, or term, as applicable, of the program 

13 of education pursued by the individual, a lump 

14 sum amount for books, supplies, equipment, 

15 and other educational costs with respect to such 

16 quarter, semester, or term in the amount equal 

17 to— 

18 ‘‘(i) $1,000, multiplied by 

19 ‘‘(ii) the fraction which is the portion 

20 of a complete academic year under the pro21 gram of education that such quarter, se22 mester, or term constitutes.’’. 

23 (2) TECHNICAL AMENDMENT.—Clause (ii) of 

24 subsection (e)(2)(A) of such section, as redesignated 


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1 by paragraph (1)(A) of this subsection, is amended 

2 by adding a period at the end. 

3 SEC. 4. MODIFICATION OF ASSISTANCE FOR LICENSURE 

4 AND CERTIFICATION TESTS. 

5 (a) REPEAL OF LIMITATION ON NUMBER OF REIM6 BURSABLE TESTS.—Subsection (a) of section 3315 of title 

7 38, United States Code, is amended by striking ‘‘one li8 censing or certification test’’ and inserting ‘‘licensing or 

9 certification tests’’. 

10 (b) CHARGE OF ENTITLEMENT FOR RECEIPT OF AS11 SISTANCE.—Such section is further amended by striking 

12 subsection (c) and inserting the following new subsection 

13 (c): 

14 ‘‘(c) CHARGE AGAINST ENTITLEMENT.—The charge 

15 against entitlement of an individual under this chapter for 

16 payment for a licensing or certification test under sub17 section (a) shall be charged for any amount of more than 

18 $2,000 at the rate of one month for each amount equal 

19 to the national average of the monthly amount of the basic 

20 allowance for housing payable under section 403 of title 

21 37 for a member with dependents in pay grade E–5.’’. 


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1 SEC. 5. TRANSFER OF ENTITLEMENT TO SUPPLEMENTAL 

2 EDUCATIONAL ASSISTANCE TO POST-9/11 

3 EDUCATIONAL ASSISTANCE. 

4 (a) IN GENERAL.—Section 3316 of title 38, United 

5 States Code, is amended— 

6 (1) by redesignating subsection (c) as sub7 section (e); and 

8 (2) by inserting after subsection (b) the fol9 lowing new subsection (c): 

10 ‘‘(c) TRANSFER OF SUPPLEMENTAL EDUCATIONAL

11 ASSISTANCE.— 

12 ‘‘(1) IN GENERAL.—An individual entitled to 

13 supplemental educational assistance under sub14 chapter III of chapter 30 of this title may transfer 

15 such entitlement to entitlement for supplemental 

16 educational assistance under this section. Such indi17 vidual shall receive entitlement to one month of sup18 plemental educational assistance under this section 

19 for each month of entitlement to supplemental edu20 cational assistance so transferred. 

21 ‘‘(2) RATE.—The monthly rate of supplemental 

22 educational assistance payable to an individual who 

23 transfers entitlement under paragraph (1) shall be 

24 payable at the same rate as such entitlement would 

25 otherwise be payable to such individual under sub26 chapter III of chapter 30 of this title. 


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1 ‘‘(3) NATURE OF TRANSFERRED ENTITLE2 MENT.—An amount of supplemental educational as3 sistance transferred under paragraph (1) shall be 

4 payable as an increase in the monthly amount of 

5 educational assistance otherwise payable to the indi6 vidual under paragraph (1)(B) of section 3313(c) of 

7 this title, or under paragraphs (2) through (7) of 

8 such section 3313(c) (as applicable).’’. 

9 (b) CLARIFICATION ON REIMBURSEMENT OF IN10 CREASED OR SUPPLEMENTAL ASSISTANCE.—Such section 

11 is further amended by inserting after subsection (c), as 

12 added by subsection (a)(2) of this section, the following 

13 new subsection (d): 

14 ‘‘(d) REIMBURSEMENT.—Any expense incurred by 

15 the Secretary for the provision of increased assistance or 

16 supplemental assistance to an individual under this section 

17 shall be reimbursed by the Secretary concerned.’’. 

18 SEC. 6. LIMITATIONS ON RECEIPT OF EDUCATIONAL AS19 SISTANCE UNDER NATIONAL CALL TO SERV20 ICE AND OTHER PROGRAMS OF EDU21 CATIONAL ASSISTANCE. 

22 (a) BAR TO DUPLICATION OF EDUCATIONAL ASSIST23 ANCE BENEFITS.—Section 3322(a) of title 38, United 

24 States Code, is amended by inserting ‘‘or section 510’’ 

25 after ‘‘or 1607’’. 


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1 (b) LIMITATION ON CONCURRENT RECEIPT OF EDU2 CATIONAL ASSISTANCE.—Section 3681(b)(2) of such title 

3 is amended by inserting ‘‘and section 510’’ after ‘‘and 

4 107’’. 

5 SEC. 7. INCREASE IN AMOUNT OF REPORTING FEE. 

6 Section 3684(c) of title 38, United States Code, is 

7 amended— 

8 (1) by striking ‘‘multiplying $7’’ and inserting 

9 ‘‘multiplying $21’’; and 

10 (2) by striking ‘‘or $11’’ and inserting ‘‘or 

11 $25’’. 

12 SEC. 8. AMOUNT OF SUBSISTENCE ALLOWANCE FOR VET13 ERANS WITH SERVICE-CONNECTED DISABIL14 ITIES. 

15 Section 3108(b) of title 38, United States Code, is 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(4) A veteran entitled to subsistence allowance 

19 under this chapter and educational assistance under chap20 ter 33 of this title may elect to receive payment from the 

21 Secretary in lieu of an amount otherwise determined by 

22 the Secretary under this subsection in an amount equal 

23 to the national average of the monthly amount of basic 

24 allowance for housing payable under section 403 of title 

25 37 for a member with dependents in pay grade E–5.’’. 


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1 SEC. 9. PUBLIC-PRIVATE CONTRIBUTIONS FOR ADDI2 TIONAL EDUCATIONAL ASSISTANCE EX3 TENDED TO NATIONAL GUARD AND RESERV4 ISTS. 

5 Section 3317(a) of title 38, United States Code, is 

6 amended by striking the last sentence. 

7 SEC. 10. REAUTHORIZATION OF VETERANS’ ADVISORY 

8 COMMITTEE ON EDUCATION. 

9 Section 3692(c) of title 38, United States Code, is 

10 amended by striking ‘‘December 31, 2009’’ and inserting 

11 ‘‘December 31, 2016’’. 

12 SEC. 11. MODIFICATION TO MONTGOMERY G.I. BILL COST 

13 OF LIVING ADJUSTMENTS. 

14 (a) IN GENERAL.—Section 3015 of title 38, United 

15 States Code, is amended— 

16 (1) by striking subsection (h); 

17 (2) in subsection (a)(1), by striking ‘‘rate of— 

18 ’’ and all that follows through ‘‘; or’’ and inserting 

19 ‘‘rate of $1368; or’’; and 

20 (3) in subsection (b)(1), by striking ‘‘rate of— 

21 ’’ and all that follows through ‘‘; or’’ and inserting 

22 ‘‘rate of $1111; or’’. 

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

24 subsection (a) shall take effect on the date of the enact25 ment of this Act. 


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1 SEC. 12. EFFECTIVE DATE. 

2 Sections 1 through 10 of this Act shall take effect 

3 on August 1, 2011. 

Æ 


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