II Calendar No. 105 112th CONGRESS 1st Session S. 745 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.
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.
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.
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.
July 19, 2011 Reported with an amendment