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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 745 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. PROTECTION FOR CERTAIN VETERANS OTHERWISE SUBJECT 
              TO REDUCTION IN EDUCATIONAL ASSISTANCE 
              BENEFITS.</DELETED>

<DELETED>    (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 December 31, 2014, shall be the lesser of--
</DELETED>
        <DELETED>    (1) the established charges for the program of 
        education; or</DELETED>
        <DELETED>    (2) an amount equal to--</DELETED>
                <DELETED>    (A) for the academic year beginning on 
                August 1, 2011, the established charges payable for the 
                program of education determined utilizing 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; 
                or</DELETED>
                <DELETED>    (B) for an academic year beginning on any 
                subsequent August 1, the amount for the previous 
                academic year beginning on August 1 under this 
                paragraph, as increased by the percentage increase 
                equal to the most recent percentage increase determined 
                under section 3015(h) of such title.</DELETED>
<DELETED>    (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, on or before January 
4, 2011, was enrolled in a non-public institution of higher learning in 
a State in which 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.</DELETED>
<DELETED>    (c) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Approved program of education.--The term 
        ``approved program of education'' has the meaning given that 
        term in section 3313(b) of title 38, United States 
        Code.</DELETED>
        <DELETED>    (2) Established charges.--</DELETED>
                <DELETED>    (A) In general.--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) for tuition and fees which similarly 
                circumstanced nonveterans enrolled in the program of 
                education would be required to pay.</DELETED>
                <DELETED>    (B) Basis of determination.--Established 
                charges shall be determined for purposes of this 
                paragraph on the following basis:</DELETED>
                        <DELETED>    (i) In the case of an individual 
                        enrolled in a program of education offered on a 
                        term, quarter, or semester basis, the tuition 
                        and fees charged the individual for the term, 
                        quarter, or semester.</DELETED>
                        <DELETED>    (ii) In the case of an individual 
                        enrolled in a program of education not offered 
                        on a term, quarter, or semester basis, the 
                        tuition and fees charged the individual for the 
                        entire program of education.</DELETED>
        <DELETED>    (3) Institution of higher learning.--The term 
        ``institution of higher learning'' has the meaning given that 
        term in section 3452(f) of title 38, United States 
        Code.</DELETED>

SECTION 1. PROTECTION FOR CERTAIN VETERANS OTHERWISE SUBJECT TO 
              REDUCTION IN EDUCATIONAL ASSISTANCE BENEFITS.

    (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 pursuit 
by a covered individual 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 December 31, 2014, shall be the lesser 
of--
            (1) the established charges for the program of education; 
        or
            (2) an amount equal to--
                    (A) for the academic year beginning on August 1, 
                2011, the established charges payable for the program 
                of education determined utilizing 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; or
                    (B) for an academic year beginning on any 
                subsequent August 1, the amount for the previous 
                academic year beginning on August 1 under this 
                paragraph, as increased by the percentage increase 
                equal to the most recent percentage increase determined 
                under section 3015(h) of such title.
    (b) Covered Individuals.--For purposes of this section, a covered 
individual is an individual who--
            (1) is entitled to educational assistance under chapter 33 
        of title 38, United States Code;
            (2) on or before January 4, 2011, was enrolled in a non-
        public institution of higher learning in a State in which 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
            (3) has been enrolled in an approved program of education 
        at the same institution since such date.
    (c) Definitions.--In this section:
            (1) Approved program of education.--The term ``approved 
        program of education'' has the meaning given that term in 
        section 3313(b) of title 38, United States Code.
            (2) Established charges.--
                    (A) In general.--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) for 
                tuition and fees which similarly circumstanced 
                nonveterans enrolled in the program of education would 
                be required to pay, after the application of--
                            (i) any waiver of, or reduction in, tuition 
                        and fees; and
                            (ii) any scholarship, or other Federal, 
                        State, institutional, or employer-based aid or 
                        assistance (other than loans and any funds 
                        provided under section 401(b) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1070a)) that 
                        is provided directly to the institution and 
                        specifically designed for the sole purpose of 
                        defraying tuition and fees.
                    (B) Basis of determination.--Established charges 
                shall be determined for purposes of this paragraph on 
                the following basis:
                            (i) In the case of an individual enrolled 
                        in a program of education offered on a term, 
                        quarter, or semester basis, the tuition and 
                        fees charged the individual for the term, 
                        quarter, or semester.
                            (ii) In the case of an individual enrolled 
                        in a program of education not offered on a 
                        term, quarter, or semester basis, the tuition 
                        and fees charged the individual for the entire 
                        program of education.
            (3) Institution of higher learning.--The term ``institution 
        of higher learning'' has the meaning given that term in section 
        3452(f) of title 38, United States Code.

SEC. 2. MODIFICATION OF CERTAIN HOUSING LOAN FEES.

    Section 3729(b)(2) of title 38, United States Code, is amended--
            (1) in subparagraph (C), by striking ``October 1, 2011'' 
        both places it appears and inserting ``October 1, 2014''; and
            (2) in subparagraph (D), by striking ``October 1, 2011'' 
        both places it appears and inserting ``October 1, 2012''.
                                                       Calendar No. 105

112th CONGRESS

  1st Session

                                 S. 745

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 19, 2011

                       Reported with an amendment
```