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

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.

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

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 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--
            (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.--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.
    (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.
                    (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.
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