[Congressional Record Volume 157, Number 71 (Monday, May 23, 2011)]
[House]
[Pages H3313-H3316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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RESTORING GI BILL FAIRNESS ACT OF 2011
Mr. MILLER of Florida. Madam Speaker, I move to suspend the rules and
pass the bill (H.R. 1383) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1383
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, on or before April 1, 2011, was enrolled in a 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
(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)(ii) of title 38,
United States Code, is amended--
(1) by striking ``January 1, 2004, and before October 1,
2011'' and inserting ``October 1, 2011, and before October 1,
2012''; and
(2) by striking ``3.30'' both places it appears and
inserting ``2.80''.
(b) Conforming Amendment.--Section 3729(b)(2)(B)(iii) of
such title is amended by
[[Page H3314]]
striking ``October 1, 2011'' and inserting ``October 1,
2012''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 2011.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from Minnesota (Mr. Walz) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
Mr. MILLER of Florida. Madam Speaker, I yield myself as much time as
I may consume.
I rise today in support of H.R. 1383, as amended, the Restoring GI
Bill Fairness Act of 2011. This bill would temporarily increase the
Post-9/11 GI Bill program's national cap on tuition and fees paid by
the Department of Veterans Affairs on behalf of certain veterans
pursuing programs of education at non-public institutions of higher
learning from $17,500 to $27,000.
The original Post-9/11 GI Bill that became effective on August 1,
2009, required VA to pay 100 percent of the tuition and fee charges up
to a maximum cap that is based on a State's most expensive in-state
undergraduate tuition and fee charges at a public institution of higher
learning on behalf of a veteran with at least 36 cumulative months of
active duty since September 11, 2001. Veterans with fewer months of
service since that day of infamy would get a proportionally smaller
amount. The maximum payment would apply to veterans attending both
public and private degree-granting institutions of higher learning. As
a result of basing tuition and fee payments on the in-state
undergraduate rate, VA made tuition and fee payments well in excess of
$20,000 annually on behalf of veterans attending private institutions
in States with high tuition and fee charges at State schools.
In addition to tuition and fee payments, the new GI Bill provides a
monthly living stipend. The stipend is the same amount paid to an E-5,
generally the pay grade of a sergeant or petty officer second class, at
the ``with-dependents'' rate in the zip code of the school the veteran
is attending. For example, a veteran attending the University of
Maryland in College Park, Maryland, receives $1,881 per month for the
2010-2011 school year. The Post-9/11 Veterans Educational Assistance
Improvements Act of 2010, which was passed on December 16 of last year,
made several changes to the Post-9/11 GI Bill. Those changes included a
national cap of $17,500 on tuition and fee payments for veterans
attending non-public institutions, effective August 1, 2011. The $4.1
billion Pay-As-You-Go cost of providing those changes was met by
reducing education benefits in some areas. For example, a $17,500 cap
on tuition and fees paid on behalf of veterans attending private
schools was instituted to help pay for expanded eligibility for other
veterans.
Although the cap of $17,500 a year will be a potential increase in
payments for veterans in most States, some veterans attending non-
public schools in seven states--New York, Texas, Arizona, Michigan, New
Hampshire, Pennsylvania, and South Carolina--will see their tuition and
fees payments reduced by thousands of dollars. Reducing tuition and fee
payments could force veterans in these States to find non-GI Bill
resources such as loans, grants or employment income to pay tuition and
fees. To counter the coming reduction, H.R. 1383, as amended, would
temporarily increase the cap on tuition and fees from $17,500 up to
$27,000 for 3 years beginning the 1st of August of 2011. This increase
would apply only to veterans who were enrolled in non-public
institutions of higher learning before April 1, 2011. I believe it is
only fair that we grandfather in these veterans.
To meet statutory Pay-As-You-Go offset requirements, the manager's
amendment to H.R. 1383 would extend existing loan fee requirements
associated with the subsequent use of a VA loan guarantee for 1 year at
slightly higher rates than would otherwise apply. Although not perfect,
I believe this offset is dwarfed by the $4.1 billion in offsets from
veterans' education benefits passed by the House last December with
only three Members voting in opposition. I would also note that the
veterans' community has previously supported similar offsets when used
to improve veterans' benefits as is being done in H.R. 1383.
Madam Speaker, this bill is supported by the Iraq and Afghanistan
Veterans of America, the Military Officers Association of America,
Student Veterans of America, AMVETS, and the Reserve Officers
Association. I would like to include these letters of support in the
Record.
I believe the alternative seen in the manager's amendment meets the
concerns expressed by Members desiring as minimal an impact as possible
on our veterans. I encourage all Members to support H.R. 1383, as
amended.
Iraq and Afghanistan
Veterans of America,
Washington, DC.
Hon. Jeff Miller,
Rayburn House Office Building,
Washington, DC.
Dear Chairman Miller: Iraq and Afghanistan Veterans of
America (IAVA) strongly supports H.R. 1383 to temporarily
preserve higher rates for programs of education at non-public
institutions of higher learning pursued by individual
enrolled in the Post-
9/11 Veterans Educational Assistance Program of the
Department of Veterans Affairs.
The Post 9/11 GI Bill will be remembered as one of the
shrewdest investments in our country's veterans for
generations to come. The recent improvements to the Post 9/11
GI Bill will allow an additional 400,000 Operation Iraqi
Freedom and Operation Enduring Freedom veterans to fully
utilize their hard earned GI Bill benefits. While a historic
upgrade to GI Bill benefits, these reforms caused benefits
for a small number of student veterans to drop. This bill
will insure that veterans currently utilizing their GI Bill
at our nation's most expensive institutions are not left
behind and can complete their education.
We have history on our side. After the World War II GI Bill
was enacted, Congress had to pass improvements to forge our
country's smartest investment. IAVA believes that just like
the WWII GI Bill, the Post-
9/11 GI Bill, with these improvements in H.R. 1383, will help
build the next greatest generation.
If we can be of any help in advancing H.R. 1333 please
contact Tim Embree at (202) 544-7692 or [email protected]. We look
forward to working with you.
Sincerely,
Paul Rieckhoff,
Executive Director.
____
Military Officers Association
of America,
Alexandria, VA, May 2, 2011.
Hon. Jeff Miller,
Chairman, House Committee on Veterans Affairs, Washington,
DC.
Hon. Marlin Stutzman,
Chair, Econ. Opportunity Subcomm., Washington, DC.
Dear Chairman Miller and chairman Stutzman: On behalf of
the 375,000 members of The Military Officers Association of
America (MOAA), I am writing to express our strong support
for your bill, H.R. 1383 that would temporarily
``grandfather'' higher rates for veterans currently enrolled
in non-public colleges and universities under the Post-9/11
GI Bill.
MOAA strongly supported needed improvements to the Post-9/
11 GI Bill and we were pleased with the final passage of the
Post-
9/11 Veterans Educational Assistance Improvements Act of 2010
signed into law as P.L. 111-377 on 4 January this year.
The original version of that legislation included a
grandfather provision to ensure that students who were
already enrolled in private colleges could continue their
educations under the rate structure in effect on 1 August
2009 as adjusted by annual COLAs. Unfortunately, the
grandfather provision was removed from the bill as it
proceeded through the legislative process.
MOAA believes the underlying intent of your legislation
contemplates the potential inclusion of out-of-state public
college students. For some of these currently enrolled
veterans, the cost of enrollment exceeds the new academic
year cap of $17,500 for non-public institutions.
We recognize the enormous budgetary challenges that face
all of our elected representatives in this most difficult
period of rising national debt. MOAA recommends a further
temporary, internal adjustment to program-enrollment or
housing rates, to accommodate currently enrolled out-of-state
students attending public colleges.
MOAA respectfully requests a copy of this letter be
included in the official transcript of the hearing scheduled
before the Economic Opportunity Subcommittee, House Committee
on Veterans Affairs on 3 May 2011.
Thank you for your leadership and commitment to the men and
women who wear and have worn our nation's uniform.
Sincerely,
Norbert R. Ryan, Jr.,
President.
____
Hon. Jeff Miller,
Rayburn House Office Building,
Washington, DC.
Chairman Miller: We, at Student Veterans of America,
strongly support your efforts to amend Title 38 of the US
Code to allow for a grandfather clause in the Post 9/11 GI
Bill through your Bill, HR 1383. This measure will ensure
that the sudden change in tuition rates created by Public Law
111-377 will not harm those at non-public institutions who
are halfway through their degree
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programs and depending on the current level of benefits that
they are receiving. While we strongly supported the recent
changes to the new GI Bill, we did hope to see such a measure
included in the original legislation, and appreciate your
leadership on this issue to make up this difference in
benefits.
Despite our support of HR 1383, we remain concerned that
it's grandfather provisions do not include those student
veterans who are paying out-of-state rates at public
institutions. The recent changes limit the amount of benefits
to the net cost of instate rates, and so all out-of-state
student veterans, not just those at the most expensive public
school, will now see a reduction in benefits. This is not
limited to those states whose rates are currently above
$17,500. This could theoretically affect veterans in almost
every state, as a few states have local regulations that give
veterans instant in-state tuition rates, but many do not.
We look forward to working with you on this very important
issue. Please let us know how we can support these efforts to
ensure that our student veterans continue to succeed in our
nation's classrooms.
Very Respectfully,
Brian Hawthorne,
Board of Directors.
____
AMVETS,
Lanham, MD, April 11, 2011.
Hon. Jeff Miller,
Chairman, House Committee on Veterans Affairs, Washington,
DC.
Dear Chairman Miller: On behalf of AMVETS (American
Veterans) I am writing to express our support for H.R. 1383,
which stands to temporarily preserve higher rates for tuition
and fees for programs of education at non-public institutions
of higher learning pursued by the 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 Improvement Act of 2010, and
for other purposes.
AMVETS strongly believes H.R. 1383 will eliminate and
prevent any undue financial hardships on veterans and their
dependents seeking a higher education at schools costing more
than the new funding levels outlined by P.L. 111-377.
Furthermore, AMVETS believes your bill, H.R. 1383, will
allow and encourage veterans and their dependents to continue
to pursue their educations at their high-cost non-public
schools and will eliminate the possibility of any threat
these students may experience from a reduction in tuition and
fees paid by VA due to changes made under P.L. 111-377.
AMVETS applauds your continued dedication to veterans and
their families and lends our support to H.R. 1383.
Sincerely,
Christina M. Roof,
National Acting
Legislative Director AMVETS.
____
Reserve Officers Association,
Washington, DC, April 8, 2011.
Hon. Jeff Miller,
Chairman, House Veterans' Affairs Committee, Washington, DC.
Hon. Marlin Stutzman,
Chairman, Subcommittee on Economic Opportunity, House
Veterans' Affairs Committee, Washington, DC.
Dear Chairmen Miller and Stutzman: The Reserve Officers
Association (ROA) is a 60,000-member professional
association, chartered by Congress, which represents all the
uniformed services of the United States. We back the
introduction of H.R. 1383 The Restoring GI Bill Fairness Act
of 2011.
ROA supports the effort to grandfather in current students
who applied for the Post 9/11 GI Bill benefits based on
different rules in the law. And while many will gain
advantages under the new changes to the law some of the
current students utilizing the benefits are negatively
affected. For example we have received concerning calls and
emails from members that feel forsaken and as such members
signed commitments based on the benefits which they now feel
are significantly reduced.
This bill honors and recognizes the commitments current
student veterans or their parents have made.
Thank you for your efforts on this key issue. If you have
any questions please contact CAPT Marshall Hanson,
legislative director, at (202) 646-7713 or [email protected].
Sincerely,
David R. Bockel,
Major General, USA (Ret.), Executive Director.
Walker M. Williams III,
Colonel, USAF (Ret.), National President.
I reserve the balance of my time.
Mr. WALZ of Minnesota. Madam Speaker, I yield myself as much time as
I may consume.
Again, I thank the chairman and the chairman of the subcommittee, the
gentleman from Indiana (Mr. Stutzman), for working to improve on a very
good piece of legislation. The 21st Century GI Bill was an improvement
and a recognition that our modern warriors, especially those in the
Guard and Reserves, were shouldering an incredible burden in these
current conflicts protecting our freedoms.
With that, the 21st Century GI Bill went into effect, but I applaud
this Congress for having the foresight to look, if something's not
working correctly, bring it back and let's try and work through it. I
am very much in support of this piece of legislation.
I also again want to thank the chairman of the subcommittee and the
full committee for their willingness to work on an offset issue, one of
the very difficult things that we have to do, and I applaud you for
taking it head-on. We all understand the challenge of the financial
situation and the need to make sure that every penny of the taxpayer's
dollar is watched over carefully. I certainly don't think anyone wants
to shortchange our veterans, but we will certainly look and do all we
can. I think the compromise that we reached is certainly the way the
public would want us to go. I am certainly happy with those new ones.
I think what's really important on this is, listening to the chairman
talk about the different States where there were discrepancies, we need
to be very clear--and I think this bill does that--that these veterans
are not New York veterans, they're American veterans. They're Texan
veterans, South Carolina veterans, and we need to make sure that we get
that in there correctly.
There were a few issues that I think we can continue to talk about
that came up from the VA themselves in implementation of the bill. I
hope we continue, as I am sure we will in our committee and others, to
keep focusing on that to make sure that we can get it in and make sure
there is not a delay to our servicemembers. They deserve to have it
done on time.
Again, this is a good piece of legislation. We took on a challenging
subject, the willingness to correct something that was needed to be
corrected, and then the willingness to find the pay-for that was
necessary. Thank you, Mr. Chairman, for that.
I reserve the balance of my time.
Mr. MILLER of Florida. Madam Speaker, I am now happy to yield such
time as he may consume to the chairman of the Subcommittee on Economic
Opportunity, the fine gentleman from Indiana (Mr. Stutzman).
Mr. STUTZMAN. Madam Speaker, I rise in strong support of Chairman
Miller's manager's amendment to H.R. 1383, the Restoring GI Bill
Fairness Act of 2011.
The bill would increase the cap on tuition and fees set by the Post-
9/11 Veterans Education Assistance Improvements Act of 2010, passed by
Congress on December 16, 2010, as signed into law by President Obama as
Public Law 111-377.
The new law made several changes to the Post-9/11 GI Bill, including
imposing a national cap of $17,500 per academic year on tuition and
fees paid to private institutions. Unfortunately, the cap will reduce
VA payments on behalf of up to 30,000 veterans already enrolled in
these private schools by thousands of dollars in at least seven States.
Those States would include New York, Texas, Michigan, Pennsylvania,
Arizona, South Carolina, and New Hampshire.
Madam Speaker, H.R. 1383, as amended, would raise that cap to $27,000
for a period of 3 years for veterans already enrolled in these private
schools as of April 1, 2011. Veterans who enroll after that date would
be subject to the $17,500 cap on tuition and fees.
In determining the amount of the new, temporary cap, we found that
the College Board data showed that the average net tuition and fees
charged to independent students attending the most expensive tier of
private schools was roughly $22,540.
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Therefore, we believe that when combined with other Federal benefits
like Pell Grants and the post-9/11 G.I. Bill's Yellow Ribbon program,
the vast majority of veterans attending private institutions would not
experience out-of-pocket costs. I would also point out that the Yellow
Ribbon program offers schools the opportunity to make up any difference
between the basic benefit and actual charges by sharing the difference
dollar for dollar with the VA.
Finally, I support the revised PAYGO offset. By meeting this change,
we meet our statutory budget rules and allow veterans monthly stipends
to reflect the most current amount of basic allowance for housing paid
to servicemembers at the E-5 with dependents rate.
[[Page H3316]]
Madam Speaker, I urge my colleagues to support H.R. 1383, as amended.
Mr. WALZ of Minnesota. Madam Speaker, again, I appreciate the
gentleman from Indiana's work on this. I think we made a good piece of
legislation even better, and that's a good thing. That's a good charge
for us.
Mr. REHBERG. Madam Speaker, last month, I received a letter from
Sergeant First Class Bart Holder, a Montana native who is currently
serving our country in Afghanistan. Like many soldiers, Sgt. Holder
chose to transfer his GI Bill benefits to his daughter, Madison. Thanks
to her father's GI Bill benefits and an academic scholarship, Madison's
freshman year tuition was fully paid for. And that's exactly how it
should be.
But earlier this Spring, Madison was told that, as a result of
changes made by Congress to the GI Bill, her benefits would no longer
cover the full cost of her tuition. She was told that she would need to
find several thousand dollars to make up for the shortfall. This bill,
the Restoring GI Bill Fairness Act would bridge that gap for veterans
and students like Madison who chose their college before Congress
capped their GI Bill payments last December.
The GI Bill is about keeping a promise to the men and women who serve
their country and the cause of freedom. On the battlefield, soldiers
don't leave men behind, and we shouldn't strand students in the middle
of their education by reducing their benefits without warning. Congress
changed the rules in the middle of the game and veterans and their
dependents who made sound fiscal decisions based on the old formulal
shouldn't have to pay the price.
I am proud to be a co-sponsor of this bill. And I urge all of my
colleagues to vote yes on this important piece of legislation.
Mr. WALZ of Minnesota. Madam Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. MILLER of Florida. Madam Speaker, I once again encourage all
Members to support H.R. 1383, as amended.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, H.R. 1383, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MILLER of Florida. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________