Hundred Twelfth Congress
States of America
AT THE FIRST SESSION
and held at the City of Washington on Wednesday,
the fifth day of January,
two thousand and eleven
To temporarily preserve higher
rates for tuition and fees for programs of education at non-public institutions
of higher learning pursued by individuals enrolled in the Post-9/11 Educational
Assistance Program of the Department of Veterans Affairs before the enactment
of the Post-9/11 Veterans Educational Assistance Improvements Act of 2010, and
for other purposes.
Be it enacted by the Senate and
House of Representatives of the United States of America in Congress assembled,
1. SHORT TITLE.
This Act may be cited as the `Restoring
GI Bill Fairness Act of 2011'.SEC. 2. PRESERVATION OF HIGHER
RATES FOR TUITION AND FEES FOR PROGRAMS OF EDUCATION AT NON-PUBLIC INSTITUTIONS
OF HIGHER LEARNING PURSUED BY INDIVIDUALS ENROLLED IN SUCH PROGRAMS PRIOR TO CHANGE
IN MAXIMUM AMOUNT.
(a) In General- Notwithstanding paragraph
(1)(A)(ii) of section 3313(c) of title 38, United States Code (as amended by the
Post-9/11 Veterans Educational Assistance Improvements Act of 2010 (Public Law
111-377)), the amount payable under that paragraph (or as appropriately adjusted
under paragraphs (2) through (7) of that section) for tuition and fees for pursuit
by an individual described in subsection (b) of an approved program of education
at a non-public institution of higher learning during the period beginning on
August 1, 2011, and ending on July 31, 2014, shall be the greater of--
(2) the established charges payable for
the program of education determined using the table of the Department of Veterans
Affairs entitled `Post-9/11 GI Bill 2010-2011 Tuition and Fee In-State Maximums',
published October 27, 2010 (75 Fed. Reg. 66193), as if that table applied to the
pursuit of the program of education by that individual during that period.
(b) Covered Individuals- An individual described in this subsection is an individual
entitled to educational assistance under chapter 33 of title 38, United States
Code, who, since January 4, 2011, has been enrolled in the same non-public institution
of higher learning in a State in which--
(1) the maximum amount
of tuition per credit in the 2010-2011 academic year, as determined pursuant to
the table referred to in subsection (a)(2), exceeded $700; and
(2) the combined amount of tuition and fees for full-time attendance in the program
of education in such academic year exceeded $17,500.
Definitions- In this section:
(1) The term `approved program
of education' has the meaning given that term in section 3313(b) of title 38,
United States Code.
(2) The term `established charges',
with respect to a program of education, means the actual charges (as determined
pursuant to regulations prescribed by the Secretary of Veterans Affairs on the
basis of a full academic year) for tuition and fees which similarly circumstanced
nonveterans enrolled in the program of education would be required to pay.
3. EXTENSION OF LOAN GUARANTY FEE FOR CERTAIN SUBSEQUENT LOANS.
(3) The term `institution of higher learning' has the meaning given that term
in section 3452(f) of title 38, United States Code.
(a) Extension- Section 3729(b)(2)(B) of title 38, United States Code, is amended--
(A) by striking `January 1, 2004'
and inserting `October 1, 2011'; and
striking `3.00' both places it appears and inserting `3.30';
(A) by striking `January 1,
2004, and before October 1, 2011' and inserting `October 1, 2011, and before October
1, 2012'; and
(B) by striking `3.30' both places
it appears and inserting `2.80'; and
(3) in clause
(iii), by striking `October 1, 2011' and inserting `October 1, 2012'.
(b) Effective Date- The amendments made by subsection (a) shall take effect on
the later of October 1, 2011, or the date of the enactment of this Act.
of the House of Representatives.
Vice President of the United States and
President of the Senate.