II 

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 introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

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, 

3 SECTION 1. PROTECTION FOR CERTAIN VETERANS OTHER4 WISE SUBJECT TO REDUCTION IN EDU5 CATIONAL ASSISTANCE BENEFITS. 

6 (a) IN GENERAL.—Notwithstanding paragraph 

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

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


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1 Assistance Improvements Act of 2010 (Public Law 111– 

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

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

4 of that section) for tuition and fees for pursuit by an indi5 vidual described in subsection (b) of an approved program 

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

7 during the period beginning on August 1, 2011, and end8 ing on December 31, 2014, shall be the lesser of— 

9 (1) the established charges for the program of 

10 education; or 

11 (2) an amount equal to— 

12 (A) for the academic year beginning on 

13 August 1, 2011, the established charges payable 

14 for the program of education determined uti15 lizing the table of the Department of Veterans 

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

17 Tuition and Fee In-State Maximums’’, pub18 lished October 27, 2010 (75 Fed. Reg. 66193), 

19 as if that table applied to the pursuit of the 

20 program of education by that individual during 

21 that period; or 

22 (B) for an academic year beginning on any 

23 subsequent August 1, the amount for the pre24 vious academic year beginning on August 1 

25 under this paragraph, as increased by the perVerDate Mar 15 2010 05:27 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S745.IS S745

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1 centage increase equal to the most recent per2 centage increase determined under section 

3 3015(h) of such title. 

4 (b) COVERED INDIVIDUALS.—An individual described 

5 in this subsection is an individual entitled to educational 

6 assistance under chapter 33 of title 38, United States 

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

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

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

10 2010–2011 academic year, as determined pursuant to the 

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

12 (c) DEFINITIONS.—In this section: 

13 (1) APPROVED PROGRAM OF EDUCATION.—The 

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

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

16 38, United States Code. 

17 (2) ESTABLISHED CHARGES.— 

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

19 charges’’, with respect to a program of edu20 cation, means the actual charges (as determined 

21 pursuant to regulations prescribed by the Sec22 retary of Veterans Affairs) for tuition and fees 

23 which similarly circumstanced nonveterans en24 rolled in the program of education would be re25 quired to pay. 


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1 (B) BASIS OF DETERMINATION.—Estab2 lished charges shall be determined for purposes 

3 of this paragraph on the following basis: 

4 (i) In the case of an individual en5 rolled in a program of education offered on 

6 a term, quarter, or semester basis, the tui7 tion and fees charged the individual for the 

8 term, quarter, or semester. 

9 (ii) In the case of an individual en10 rolled in a program of education not of11 fered on a term, quarter, or semester 

12 basis, the tuition and fees charged the in13 dividual for the entire program of edu14 cation. 

15 (3) INSTITUTION OF HIGHER LEARNING.—The 

16 term ‘‘institution of higher learning’’ has the mean17 ing given that term in section 3452(f) of title 38, 

18 United States Code. 

Æ 


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