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Applicability. 38 USC 3031 note.

38 USC 3322 note.

"(bb) the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits.".

(c) SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE.Subsection (c) of section 3512 is amended to read as follows:

"(c)(1) Notwithstanding subsection (a) and subject to paragraph (2), an eligible person may be afforded educational assistance beyond the age limitation applicable to the person under such subsection if

"(A) the person suspends pursuit of such person's program of education after having enrolled in such program within the time period applicable to such person under such subsection;

"(B) the person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to the person under such subsection; and

"(C) the Secretary finds that the suspension was due to either of the following:

"(i) The actions of the person as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a) of this title.

"(ii) Conditions otherwise beyond the control of the person.

"(2) Paragraph (1) shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual's designation as such a primary provider under section 1720G(a)(7)(D) of this title.

"(3) Educational assistance may not be afforded a person under paragraph (1) after the earlier of—

"(A) the age limitation applicable to the person under subsection (a), plus a period of time equal to the period the person was required to suspend pursuit of the person's program of education as described in paragraph (1); or

"(B) the date of the person's thirty-first birthday.".

(d) EFFECTIVE DATE.-The amendments made by this section shall take effect on August 1, 2011, and shall apply with respect to preventions and suspension of pursuit of programs of education that commence on or after that date.

SEC. 202. LIMITATIONS ON RECEIPT OF EDUCATIONAL ASSISTANCE
UNDER NATIONAL CALL TO SERVICE AND OTHER PRO-
GRAMS OF EDUCATIONAL ASSISTANCE.

(a) BAR TO DUPLICATION OF EDUCATIONAL ASSISTANCE BENEFITS.-Section 3322(a) is amended by inserting "or section 510" after "or 1607".

(b) LIMITATION ON CONCURRENT RECEIPT OF EDUCATIONAL ASSISTANCE.-Section 3681(b)(2) is amended by inserting "and section 510" after "and 107".

(c) EFFECTIVE DATE.-The amendments made by this section shall take effect on August 1, 2011.

SEC. 203. APPROVAL OF COURSES.

(a) CONSTRUCTIVE APPROVAL OF CERTAIN COURSES.

(1) IN GENERAL.-Section 3672(b) is amended

(A) by inserting "(1)" after "(b)"; and

(B) by adding at the end the following new paragraph:

"(2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A, 3684, and 3696 of this title, the following programs are deemed to be approved for purposes of this chapter:

"(i) An accredited standard college degree program offered at a public or not-for-profit proprietary educational institution that is accredited by an agency or association recognized for that purpose by the Secretary of Education.

"(ii) A flight training course approved by the Federal Aviation Administration that is offered by a certified pilot school that possesses a valid Federal Aviation Administration pilot school certificate.

"(iii) An apprenticeship program registered with the Office of Apprenticeship (OA) of the Employment Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship pursuant to the Act of August 16, 1937 (popularly known as the National Apprenticeship Act'; 29 U.S.C. 50 et seq.).

"(iv) A program leading to a secondary school diploma offered by a secondary school approved in the State in which it is operating.

"(B) A licensure test offered by a Federal, State, or local government is deemed to be approved for purposes of this chapter.". (2) CONFORMING AMENDMENTS.

(A) Paragraph (3) of section 3034(d) is amended to read as follows:

"(3) the flight school courses are approved by the Federal Aviation Administration and are offered by a certified pilot school that possesses a valid Federal Aviation Administration pilot school certificate.".

(B) Section 3671(b)(2) is amended by striking "In the case" and inserting "Except as otherwise provided in this chapter, in the case".

(C) Section 3689(a)(1) is amended by inserting after "unless" the following: "the test is deemed approved by section 3672(b)(2)(B) of this title or".

(b) USE OF STATE APPROVING AGENCIES FOR COMPLIANCE AND OVERSIGHT ACTIVITIES.-Section 3673 is amended by adding at the end the following new subsection:

"(d) USE OF STATE APPROVING AGENCIES FOR COMPLIANCE AND OVERSIGHT ACTIVITIES.-The Secretary may utilize the services of a State approving agency for such compliance and oversight purposes as the Secretary considers appropriate without regard to whether the Secretary or the agency approved the courses offered in the State concerned.".

(c) APPROVAL OF ACCREDITED COURSES.

(1) IN GENERAL.-Subsection (a)(1) of section 3675 is amended by striking "A State approving agency may approve the courses offered by an educational institution" and inserting "The Secretary or a State approving agency may approve accredited programs (including non-degree accredited programs) offered by proprietary for-profit educational institutions".

(2) CONDITION OF APPROVAL.-Subsection (b) of such section is amended

(A) in the matter preceding paragraph (1), by inserting "the Secretary or" after "this section,"; and

(B) is amended by inserting "the Secretary or" after "as prescribed by".

38 USC 3034 note.

38 USC 3684 note.

38 USC 3684 note.

(d) DISAPPROVAL OF COURSES.-Section 3679(a) is amended by inserting "the Secretary or" after "disapproved by" both places it appears.

(e) EFFECTIVE DATE.-The amendments made by this section shall take effect on August 1, 2011.

SEC. 204. REPORTING FEES.

(a) INCREASE IN AMOUNT OF FEES.-Section 3684(c) is amended

(1) by striking "multiplying $7" and inserting "multiplying $12"; and

(2) by striking "or $11" and inserting "or $15".

(b) USE OF FEES PAID.-Such section is further amended by inserting after the fourth sentence the following new sentence: "Any reporting fee paid an educational institution or joint apprenticeship training committee after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 shall be utilized by such institution or committee solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans.".

(c) EFFECTIVE DATE.-The amendments made by this section shall take effect on October 1, 2011.

SEC. 205. ELECTION FOR RECEIPT OF ALTERNATE SUBSISTENCE
ALLOWANCE FOR CERTAIN VETERANS WITH SERVICE-CON-
NECTED DISABILITIES UNDERGOING TRAINING AND

REHABILITATION.

(a) ELECTION AUTHORIZED.-Section 3108(b) is amended by adding at the end the following new paragraph:

"(4) A veteran entitled to a subsistence allowance under this chapter and educational assistance under chapter 33 of this title may elect to receive payment from the Secretary in lieu of an amount otherwise determined by the Secretary under this subsection in an amount equal to the applicable monthly amount of basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution providing rehabilitation program concerned.".

(b) EFFECTIVE DATE.-The amendment made by this section shall take effect on August 1, 2011.

SEC. 206. MODIFICATION OF AUTHORITY TO MAKE CERTAIN INTERVAL
PAYMENTS.

(a) IN GENERAL.-The flush matter following clause (3)(B) of section 3680(a) is amended by striking "of this subsection—” and all that follows and inserting "of this subsection during periods when schools are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks.".

(b) EFFECTIVE DATE.-The amendment made by this section 38 USC 3680 shall take effect on August 1, 2011.

Approved January 4, 2011.

note.

LEGISLATIVE HISTORY-S. 3447:

SENATE REPORTS: No. 111-346 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 156 (2010):

Dec. 13, considered and passed Senate.

Dec. 15, 16, considered and passed House.

Jan. 4, 2011

[S. 3481]

Public Law 111-378

111th Congress

An Act

To amend the Federal Water Pollution Control Act to clarify Federal responsibility for stormwater pollution.

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

SECTION 1. FEDERAL RESPONSIBILITY TO PAY FOR STORMWATER
PROGRAMS.

Section 313 of the Federal Water Pollution Control Act (33
U.S.C. 1323) is amended by adding at the end the following:
"(c) REASONABLE SERVICE CHARGES.-

“(1) IN GENERAL.-For the purposes of this Act, reasonable service charges described in subsection (a) include any reasonable nondiscriminatory fee, charge, or assessment that is"(A) based on some fair approximation of the proportionate contribution of the property or facility stormwater pollution (in terms of quantities of pollutants, or volume or rate of stormwater discharge or runoff from the property or facility); and

to

"(B) used to pay or reimburse the costs associated with any stormwater management program (whether associated with a separate storm sewer system or a sewer system that manages a combination of stormwater and sanitary waste), including the full range of programmatic and structural costs attributable to collecting stormwater, reducing pollutants in stormwater, and reducing the volume and rate of stormwater discharge, regardless of whether that reasonable fee, charge, or assessment is denominated a tax.

"(2) LIMITATION ON ACCOUNTS.—

"(A) LIMITATION.-The payment or reimbursement of any fee, charge, or assessment described in paragraph (1) shall not be made using funds from any permanent authorization account in the Treasury.

ERAL

"(B) REIMBURSEMENT OR PAYMENT OBLIGATION OF FEDGOVERNMENT.-Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government, as described in subsection (a), shall not be obligated to pay or reimburse any fee, charge, or assessment described in paragraph (1), except to the extent and in an amount provided in advance

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