[112th Congress Public Law 26]
[From the U.S. Government Printing Office]



[[Page 125 STAT. 268]]

Public Law 112-26
112th Congress

                                 An Act


 
 To temporarily preserve higher rates for tuition and fees for programs 
 of education at non-public institutions of higher learning pursued by 
individuals enrolled in the Post-9/11 Educational Assistance Program of 
the Department of Veterans Affairs before the enactment of the Post-9/11 
Veterans Educational Assistance Improvements Act of 2010, and for other 
            purposes. <<NOTE: Aug. 3, 2011 -  [H.R. 1383]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Restoring GI 
Bill Fairness Act of 2011. 38 USC 101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring GI Bill Fairness Act of 
2011''.
SEC. 2. <<NOTE: 38 USC 3313 note.>> PRESERVATION OF HIGHER RATES 
                    FOR TUITION AND FEES FOR PROGRAMS OF EDUCATION 
                    AT NON-PUBLIC INSTITUTIONS OF HIGHER LEARNING 
                    PURSUED BY INDIVIDUALS ENROLLED IN SUCH 
                    PROGRAMS PRIOR TO CHANGE IN MAXIMUM AMOUNT.

    (a) In General.--Notwithstanding <<NOTE: Time period.>> 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 July 31, 2014, shall be the greater of--
            (1) $17,500; or
            (2) the established charges payable for the program of 
        education determined using 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.

    (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, since January 4, 2011, has been 
enrolled in the same non-public institution of higher learning in a 
State in which--
            (1) 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

[[Page 125 STAT. 269]]

            (2) the combined amount of tuition and fees for full-time 
        attendance in the program of education in such academic year 
        exceeded $17,500.

    (c) Definitions.--In this section:
            (1) The term ``approved program of education'' has the 
        meaning given that term in section 3313(b) of title 38, United 
        States Code.
            (2) 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 on the basis of a full academic year) for tuition and 
        fees which similarly circumstanced nonveterans enrolled in the 
        program of education would be required to pay.
            (3) The term ``institution of higher learning'' has the 
        meaning given that term in section 3452(f) of title 38, United 
        States Code.
SEC. 3. EXTENSION OF LOAN GUARANTY FEE FOR CERTAIN SUBSEQUENT 
                    LOANS.

    (a) Extension.--Section 3729(b)(2)(B) of title 38, United States 
Code, is amended--
            (1) in clause (i)--
                    (A) by striking ``January 1, 2004'' and inserting 
                ``October 1, 2011''; and
                    (B) by striking ``3.00'' both places it appears and 
                inserting ``3.30'';
            (2) in clause (ii)--
                    (A) by striking ``January 1, 2004, and before 
                October 1, 2011'' and inserting ``October 1, 2011, and 
                before October 1, 2012''; and
                    (B) by striking ``3.30'' both places it appears and 
                inserting ``2.80''; and
            (3) in clause (iii), by striking ``October 1, 2011'' and 
        inserting ``October 1, 2012''.

    (b) Effective Date.--The <<NOTE: 38 USC 3729 note.>> amendments made 
by subsection (a) shall take effect on the later of October 1, 2011, or 
the date of the enactment of this Act.

    Approved August 3, 2011.

LEGISLATIVE HISTORY--H.R. 1383:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-81 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 157 (2011):
            May 23, considered and passed House.
            July 21, considered and passed Senate, amended.
            July 26, House concurred in Senate amendments.

                                  <all>