IB 

Union Calendar No. 42 

112TH CONGRESS 

1ST SESSION H. R. 1383 

[Report No. 112–81] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2011 

Mr. MILLER of Florida (for himself and Mr. STUTZMAN) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs 

MAY 20, 2011 

Additional sponsors: Mr. BISHOP of New York, Mr. RUNYAN, Mr. HANNA, Mr. 

JOHNSON of Ohio, Mr. CONYERS, Mr. ISRAEL, Mr. REHBERG, Mrs. 

ADAMS, Mrs. MCCARTHY of New York, and Mr. SERRANO

MAY 20, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 


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•HR 1383 RH

A BILL 

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. 


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•HR 1383 RH

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 ‘‘Restoring GI Bill Fair5 ness Act of 2011’’. 

6 SEC. 2. PRESERVATION OF HIGHER RATES FOR TUITION 

7 AND FEES FOR PROGRAMS OF EDUCATION AT 

8 NON-PUBLIC INSTITUTIONS OF HIGHER 

9 LEARNING PURSUED BY INDIVIDUALS EN10 ROLLED IN SUCH PROGRAMS PRIOR TO 

11 CHANGE IN MAXIMUM AMOUNT. 

12 (a) IN GENERAL.—Notwithstanding paragraph 

13 (1)(A)(ii) of section 3313(c) of title 38, United States 

14 Code (as amended by the Post-9/11 Veterans Educational 

15 Assistance Improvements Act of 2010 (Public Law 111– 

16 377)), the amount payable under that paragraph (or as 

17 appropriately adjusted under paragraphs (2) through (7) 

18 of that section) for tuition and fees for pursuit by an indi19 vidual described in subsection (b) of an approved program 

20 of education at a non-public institution of higher learning 

21 during the period beginning on August 1, 2011, and end22 ing on July 31, 2014, shall be the greater of— 

23 (1) $17,500; or 

24 (2) the established charges payable for the pro25 gram of education determined using the table of the 


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•HR 1383 RH

1 Department of Veterans Affairs entitled ‘‘Post-9/11 

2 GI Bill 2010–2011 Tuition and Fee In-State Maxi3 mums’’, published October 27, 2010 (75 Fed. Reg. 

4 66193), as if that table applied to the pursuit of the 

5 program of education by that individual during that 

6 period. 

7 (b) COVERED INDIVIDUALS.—An individual described 

8 in this subsection is an individual entitled to educational 

9 assistance under chapter 33 of title 38, United States 

10 Code, who, on or before April 1, 2011, was enrolled in 

11 a non-public institution of higher learning in a State in 

12 which— 

13 (1) the maximum amount of tuition per credit 

14 in the 2010–2011 academic year, as determined pur15 suant to the table referred to in subsection (a)(2), 

16 exceeded $700; and 

17 (2) the combined amount of tuition and fees for 

18 full-time attendance in the program of education in 

19 such academic year exceeded $17,500. 

20 (c) DEFINITIONS.—In this section: 

21 (1) The term ‘‘approved program of education’’ 

22 has the meaning given that term in section 3313(b) 

23 of title 38, United States Code. 

24 (2) The term ‘‘established charges’’, with re25 spect to a program of education, means the actual 


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•HR 1383 RH

1 charges (as determined pursuant to regulations pre2 scribed by the Secretary of Veterans Affairs on the 

3 basis of a full academic year) for tuition and fees 

4 which similarly circumstanced nonveterans enrolled 

5 in the program of education would be required to 

6 pay. 

7 (3) The term ‘‘institution of higher learning’’ 

8 has the meaning given that term in section 3452(f) 

9 of title 38, United States Code. 

10 SEC. 3. LIMITATION ON COST OF LIVING INCREASES FOR 

11 CERTAIN EDUCATIONAL ASSISTANCE PRO12 GRAMS OF THE DEPARTMENT OF VETERANS 

13 AFFAIRS. 

14 During the 24-month period beginning on August 1, 

15 2011, the maximum amount of the monthly stipend pay16 able under subparagraph (B) of paragraph (1) of sub17 section (c) of section 3313 of title 38, United States Code, 

18 is the amount payable under clause (i) of such subpara19 graph on August 1, 2011. Upon the expiration on the 24- 

20 month period, the amount of such monthly stipend shall 

21 be the amount otherwise authorized under section 

22 3313(c)(1)(B) of title 38, United States Code. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Restoring GI Bill Fair25 ness Act of 2011’’. 


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•HR 1383 RH

1 SEC. 2. PRESERVATION OF HIGHER RATES FOR TUITION 

2 AND FEES FOR PROGRAMS OF EDUCATION AT 

3 NON-PUBLIC INSTITUTIONS OF HIGHER 

4 LEARNING PURSUED BY INDIVIDUALS EN5 ROLLED IN SUCH PROGRAMS PRIOR TO 

6 CHANGE IN MAXIMUM AMOUNT. 

7 (a) IN GENERAL.—Notwithstanding paragraph 

8 (1)(A)(ii) of section 3313(c) of title 38, United States Code 

9 (as amended by the Post-9/11 Veterans Educational Assist10 ance Improvements Act of 2010 (Public Law 111–377)), the 

11 amount payable under that paragraph (or as appropriately 

12 adjusted under paragraphs (2) through (7) of that section) 

13 for tuition and fees for pursuit by an individual described 

14 in subsection (b) of an approved program of education at 

15 a non-public institution of higher learning during the pe16 riod beginning on August 1, 2011, and ending on July 31, 

17 2014, shall be the lesser of— 

18 (1) $27,000; or 

19 (2) the established charges payable for the pro20 gram of education. 

21 (b) COVERED INDIVIDUALS.—An individual described 

22 in this subsection is an individual entitled to educational 

23 assistance under chapter 33 of title 38, United States Code, 

24 who, on or before April 1, 2011, was enrolled in a non25 public institution of higher learning in a State in which— 


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•HR 1383 RH

1 (1) the maximum amount of tuition per credit 

2 in the 2010–2011 academic year, as determined using 

3 the table of the Department of Veterans Affairs enti4 tled ‘‘Post-9/11 GI Bill 2010–2011 Tuition and Fee 

5 In-State Maximums’’, published October 27, 2010 (75 

6 Fed. Reg. 66193), exceeded $700; and 

7 (2) the combined amount of tuition and fees for 

8 full-time attendance in the program of education in 

9 such academic year exceeded $17,500. 

10 (c) DEFINITIONS.—In this section: 

11 (1) The term ‘‘approved program of education’’ 

12 has the meaning given that term in section 3313(b) 

13 of title 38, United States Code. 

14 (2) The term ‘‘established charges’’, with respect 

15 to a program of education, means the actual charges 

16 (as determined pursuant to regulations prescribed by 

17 the Secretary of Veterans Affairs on the basis of a full 

18 academic year) for tuition and fees which similarly 

19 circumstanced nonveterans enrolled in the program of 

20 education would be required to pay. 

21 (3) The term ‘‘institution of higher learning’’ has 

22 the meaning given that term in section 3452(f) of title 

23 38, United States Code. 


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1 SEC. 3. LIMITATION ON COST OF LIVING INCREASES FOR 

2 CERTAIN EDUCATIONAL ASSISTANCE PRO3 GRAMS OF THE DEPARTMENT OF VETERANS 

4 AFFAIRS. 

5 During the 24-month period beginning on October 1, 

6 2011, the maximum amount of the monthly stipend payable 

7 under subparagraph (B) of paragraph (1) of subsection (c) 

8 of section 3313 of title 38, United States Code, is the 

9 amount payable under clause (i) of such subparagraph on 

10 August 1, 2011. Upon the expiration on the 24-month pe11 riod, the amount of such monthly stipend shall be the 

12 amount otherwise authorized under section 3313(c)(1)(B) 

13 of title 38, United States Code. 


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Union Calendar No. 42 

112TH CONGRESS 

1ST SESSION H. R. 1383 

[Report No. 112–81] 

A BILL 

To temporarily preserve higher rates for tuition and 

Act of 2010, and for other purposes. Veterans Educational Assistance Improvements Affairs before the enactment of the Post-9/11 sistance Program of the Department of Veterans uals enrolled in the Post-9/11 Educational Asstitutions of higher learning pursued by individfees for programs of education at non-public inMAY 20, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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