II 

Calendar No. 105 

112TH CONGRESS 

1ST SESSION S. 745 

To amend title 38, United States Code, to protect certain veterans who 

would otherwise be subject to a reduction in educational assistance benefits, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6 (legislative day, APRIL 5), 2011 

Mr. SCHUMER (for himself, Mr. BLUMENTHAL, Mr. MERKLEY, and Mr. 

CASEY) introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

JULY 19, 2011 

Reported by Mrs. MURRAY, with an amendment 

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

A BILL 

To amend title 38, United States Code, to protect certain 

veterans who would otherwise be subject to a reduction 

in educational assistance benefits, 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, 


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1 SECTION 1. PROTECTION FOR CERTAIN VETERANS OTHER2 WISE SUBJECT TO REDUCTION IN EDU3 CATIONAL ASSISTANCE BENEFITS. 

4 (a) IN GENERAL.—Notwithstanding paragraph 

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

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

7 Assistance Improvements Act of 2010 (Public Law 111– 

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

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

10 of that section) for tuition and fees for pursuit by an indi11 vidual described in subsection (b) of an approved program 

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

13 during the period beginning on August 1, 2011, and end14 ing on December 31, 2014, shall be the lesser of— 

15 (1) the established charges for the program of 

16 education; or 

17 (2) an amount equal to— 

18 (A) for the academic year beginning on 

19 August 1, 2011, the established charges payable 

20 for the program of education determined uti21 lizing the table of the Department of Veterans 

22 Affairs entitled ‘‘Post-9/11 GI Bill 2010–2011 

23 Tuition and Fee In-State Maximums’’, pub24 lished October 27, 2010 (75 Fed. Reg. 66193), 

25 as if that table applied to the pursuit of the 


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1 program of education by that individual during 

2 that period; or 

3 (B) for an academic year beginning on any 

4 subsequent August 1, the amount for the pre5 vious academic year beginning on August 1 

6 under this paragraph, as increased by the per7 centage increase equal to the most recent per8 centage increase determined under section 

9 3015(h) of such title. 

10 (b) COVERED INDIVIDUALS.—An individual described 

11 in this subsection is an individual entitled to educational 

12 assistance under chapter 33 of title 38, United States 

13 Code, who, on or before January 4, 2011, was enrolled 

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

15 in which the maximum amount of tuition per credit in the 

16 2010–2011 academic year, as determined pursuant to the 

17 table referred to in subsection (a)(2), exceeded $700. 

18 (c) DEFINITIONS.—In this section: 

19 (1) APPROVED PROGRAM OF EDUCATION.—The 

20 term ‘‘approved program of education’’ has the 

21 meaning given that term in section 3313(b) of title 

22 38, United States Code. 

23 (2) ESTABLISHED CHARGES.— 

24 (A) IN GENERAL.—The term ‘‘established 

25 charges’’, with respect to a program of eduVerDate Mar 15 2010 23:19 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S745.RS S745

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1 cation, means the actual charges (as determined 

2 pursuant to regulations prescribed by the Sec3 retary of Veterans Affairs) for tuition and fees 

4 which similarly circumstanced nonveterans en5 rolled in the program of education would be re6 quired to pay. 

7 (B) BASIS OF DETERMINATION.—Estab8 lished charges shall be determined for purposes 

9 of this paragraph on the following basis: 

10 (i) In the case of an individual en11 rolled in a program of education offered on 

12 a term, quarter, or semester basis, the tui13 tion and fees charged the individual for the 

14 term, quarter, or semester. 

15 (ii) In the case of an individual en16 rolled in a program of education not of17 fered on a term, quarter, or semester 

18 basis, the tuition and fees charged the in19 dividual for the entire program of edu20 cation. 

21 (3) INSTITUTION OF HIGHER LEARNING.—The 

22 term ‘‘institution of higher learning’’ has the mean23 ing given that term in section 3452(f) of title 38, 

24 United States Code. 


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1 SECTION 1. PROTECTION FOR CERTAIN VETERANS OTHER2 WISE SUBJECT TO REDUCTION IN EDU3 CATIONAL ASSISTANCE BENEFITS. 

4 (a) IN GENERAL.—Notwithstanding paragraph 

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

6 (as amended by the Post-9/11 Veterans Educational Assist7 ance Improvements Act of 2010 (Public Law 111–377)), the 

8 amount payable under that paragraph (or as appropriately 

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

10 for pursuit by a covered individual of an approved program 

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

12 during the period beginning on August 1, 2011, and ending 

13 on December 31, 2014, shall be the lesser of— 

14 (1) the established charges for the program of 

15 education; or 

16 (2) an amount equal to— 

17 (A) for the academic year beginning on Au18 gust 1, 2011, the established charges payable for 

19 the program of education determined utilizing 

20 the table of the Department of Veterans Affairs 

21 entitled ‘‘Post-9/11 GI Bill 2010–2011 Tuition 

22 and Fee In-State Maximums’’, published October 

23 27, 2010 (75 Fed. Reg. 66193), as if that table 

24 applied to the pursuit of the program of edu25 cation by that individual during that period; or 


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1 (B) for an academic year beginning on any 

2 subsequent August 1, the amount for the previous 

3 academic year beginning on August 1 under this 

4 paragraph, as increased by the percentage in5 crease equal to the most recent percentage in6 crease determined under section 3015(h) of such 

7 title. 

8 (b) COVERED INDIVIDUALS.—For purposes of this sec9 tion, a covered individual is an individual who— 

10 (1) is entitled to educational assistance under 

11 chapter 33 of title 38, United States Code; 

12 (2) on or before January 4, 2011, was enrolled 

13 in a non-public institution of higher learning in a 

14 State in which the maximum amount of tuition per 

15 credit in the 2010–2011 academic year, as determined 

16 pursuant to the table referred to in subsection (a)(2), 

17 exceeded $700; and 

18 (3) has been enrolled in an approved program of 

19 education at the same institution since such date. 

20 (c) DEFINITIONS.—In this section: 

21 (1) APPROVED PROGRAM OF EDUCATION.—The 

22 term ‘‘approved program of education’’ has the mean23 ing given that term in section 3313(b) of title 38, 

24 United States Code. 

25 (2) ESTABLISHED CHARGES.— 


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1 (A) IN GENERAL.—The term ‘‘established 

2 charges’’, with respect to a program of education, 

3 means the actual charges (as determined pursu4 ant to regulations prescribed by the Secretary of 

5 Veterans Affairs) for tuition and fees which simi6 larly circumstanced nonveterans enrolled in the 

7 program of education would be required to pay, 

8 after the application of— 

9 (i) any waiver of, or reduction in, tui10 tion and fees; and 

11 (ii) any scholarship, or other Federal, 

12 State, institutional, or employer-based aid 

13 or assistance (other than loans and any 

14 funds provided under section 401(b) of the 

15 Higher Education Act of 1965 (20 U.S.C. 

16 1070a)) that is provided directly to the in17 stitution and specifically designed for the 

18 sole purpose of defraying tuition and fees. 

19 (B) BASIS OF DETERMINATION.—Estab20 lished charges shall be determined for purposes of 

21 this paragraph on the following basis: 

22 (i) In the case of an individual en23 rolled in a program of education offered on 

24 a term, quarter, or semester basis, the tuiVerDate Mar 15 2010 23:19 Jul 19, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S745.RS S745

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1 tion and fees charged the individual for the 

2 term, quarter, or semester. 

3 (ii) In the case of an individual en4 rolled in a program of education not offered 

5 on a term, quarter, or semester basis, the 

6 tuition and fees charged the individual for 

7 the entire program of education. 

8 (3) INSTITUTION OF HIGHER LEARNING.—The 

9 term ‘‘institution of higher learning’’ has the meaning 

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

11 States Code. 

12 SEC. 2. MODIFICATION OF CERTAIN HOUSING LOAN FEES. 

13 Section 3729(b)(2) of title 38, United States Code, is 

14 amended— 

15 (1) in subparagraph (C), by striking ‘‘October 1, 

16 2011’’ both places it appears and inserting ‘‘October 

17 1, 2014’’; and 

18 (2) in subparagraph (D), by striking ‘‘October 1, 

19 2011’’ both places it appears and inserting ‘‘October 

20 1, 2012’’. 


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Calendar No. 105 

112TH CONGRESS 

1ST SESSION S. 745 

A BILL 

To amend title 38, United States Code, to protect 

and for other purposes. to a reduction in educational assistance benefits, certain veterans who would otherwise be subject 

JULY 19, 2011 

Reported with an amendment 


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