[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]




                              {time}  1630
                 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

[[Page H3315]]

     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.

                              {time}  1640

  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.

                          ____________________