[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Printing Office, www.gpo.gov]


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. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.

This Act may be cited as the ``Restoring GI Bill Fairness Act of
2011''.
SEC. 2. <> 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 <> 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

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(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 <> 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:
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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.