125 STAT. 268 PUBLIC LAW 112–26—AUG. 3, 2011 

Public Law 112–26 

112th Congress 

An Act 

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, 

SECTION 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— 

(1) $17,500; or 

(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 

Time period. 

38 USC 3313 

note. 

Restoring GI Bill 

Fairness Act 

of 2011. 

38 USC 101 note. 

Aug. 3, 2011 

[H.R. 1383] 


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PUBLIC LAW 112–26—AUG. 3, 2011 125 STAT. 269 

LEGISLATIVE HISTORY—H.R. 1383: 

HOUSE REPORTS: No. 112–81 (Comm. on Veterans’ Affairs). 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

May 23, considered and passed House. 

July 21, considered and passed Senate, amended. 

July 26, House concurred in Senate amendments. 

Æ 

(2) the combined amount of tuition and fees for full-time 

attendance in the program of education in such academic year 

exceeded $17,500. 

(c) 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) The term ‘‘institution of higher learning’’ has the 

meaning given that term in section 3452(f) of title 38, United 

States Code. 

SEC. 3. EXTENSION OF LOAN GUARANTY FEE FOR CERTAIN SUBSEQUENT LOANS. 

(a) EXTENSION.—Section 3729(b)(2)(B) of title 38, United States 

Code, is amended— 

(1) in clause (i)— 

(A) by striking ‘‘January 1, 2004’’ and inserting 

‘‘October 1, 2011’’; and 

(B) by striking ‘‘3.00’’ both places it appears and 

inserting ‘‘3.30’’; 

(2) in clause (ii)— 

(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. 

Approved August 3, 2011. 

38 USC 3729 

note. 


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