[Congressional Record Volume 157, Number 112 (Monday, July 25, 2011)]
[House]
[Pages H5471-H5472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RESTORING GI BILL FAIRNESS ACT OF 2011
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendments to 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.
The Clerk read the title of the bill.
The text of the Senate amendments is as follows:
On page 3, strike lines 10 and 11 and insert the following:
[[Page H5472]]
Code, who, since January 4, 2011, has been enrolled in the
same non-public institution of higher learning in a State in
Beginning on page 4, strike line 12 and all that follows
through page 5, line 3, and insert the following:
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from California (Mr. Filner)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
I rise today in support of the Senate amendments to H.R. 1383, as
amended, the Restoring GI Bill Fairness Act of 2011. The bill would
temporarily restore the Post-9/11 GI Bill program's original method of
paying tuition and fees to veterans attending private schools in
several States.
When the original Post-9/11 GI Bill was enacted, veterans were
promised that the VA would pay 100 percent of tuition and fees up to a
State's most expensive instate undergraduate tuition and fee charges at
a public institution of higher learning. The State-based cap applied to
veterans who chose both public and private schools. What this meant to
some veterans attending schools in certain States was tuition and fee
payments could be well in excess of $20,000 annually. Veterans applied
and enrolled in these schools based on that original promise.
However, in an effort to ``fix'' some elements of the original GI
Bill, Congress left those veterans in a bind. The Post-9/11 Veterans
Educational Assistance Improvements Act of 2010, which was enacted on
January 4, 2011, made several changes. And one of those changes
included a national cap of $17,500 on tuition and fee payments for
veterans attending private schools, a change that will go into effect 1
week from today. For veterans that were enrolled in certain private
schools in several States, including New York, Texas, Arizona,
Michigan, New Hampshire, Pennsylvania, and South Carolina, this change
has real consequences. They will see their tuition and fee payments
reduced by thousands of dollars. And, Mr. Speaker, I just don't think
that's fair.
We shouldn't change the rules on these veterans when they had already
decided to attend the school of their choice and made financial
decisions based on those rules. On May 23, the House unanimously voted
to keep the original promise made to these veterans in H.R. 1383. The
Senate has now acted on that bill, and we're ready to finish the job
and send the bill to the President before these cuts can take place.
{time} 1920
Similar to the original House measure, the Senate amendment would
temporarily restore the cap on tuition and fees to the State-based
method effective on August 1, 2011. This increase would apply only to
veterans who were enrolled in nonpublic institutions of higher learning
in the seven States that I mentioned previously before the 4th of
January of 2011--in other words, they had to have already been enrolled
on the 4th of January of this year--a change from the House-passed
version which was actually April 1 of 2011. Veterans who initially
enrolled after January 4, 2011, would be subject to the new cap.
Mr. Speaker, it has come to our attention that some veterans are
concerned about the January 4 eligibility date. We have talked with VA.
They have assured us that any veteran who has applied and was accepted
to a school on or before the 4th of January of 2011 will be covered
under this particular bill we are considering on the floor today.
Veterans who applied or were accepted after that date will be
grandfathered under H.R. 1383.
I believe VA's interpretation of the bill accurately reflects the
House's intent. I would note that this bill, as amended, passed the
Senate unanimously, and, of course, it passed this body unanimously as
well.
I reserve the balance of my time and would encourage a positive vote
by all my colleagues.
Mr. FILNER. I yield myself such time as I may consume.
Mr. Speaker, I also rise in support of H.R. 1383, as amended. I thank
Chairman Miller for the work he has done on the bill to make sure it
was palatable in both the House and the Senate.
Let me just say, though, for the record, the GI Bill updates which we
passed last Congress were passed with the full support of virtually
every veterans service organization in the Nation, the majority of
which submitted letters of support and strongly advocated for the bill,
which included this tuition cap which we have been talking about.
Everyone was well aware of the effect of the tuition cap, so I was sort
of surprised when these same folks started talking about what they
called ``unintended consequences.'' I think everybody knew the
consequences.
I know that many of our veterans made plans about their education
based on the laws in effect before they started. And while most States
ended up getting an increase with the new national average, a few
States also saw a decrease. It is in these States that H.R. 1383, as
amended, seeks to hold harmless our veterans from the so-called
``unintended consequences'' of the tuition cap.
Our veterans have indeed, as Chairman Miller pointed out, earned
their education benefits, and I firmly believe that we should seek to
avoid any actions that may interfere with the use of their benefits. I
am pleased that we are here today taking action to alleviate this
potential burden on a small population of these student veterans. The
start of the new school year, of course, is right around the corner, so
I hope that with our quick action today we will have this issue solved
in time for the new academic year.
We have made quite a few changes to improve the so-called Post-9/11
GI Bill, and more changes are still being contemplated. As a veterans'
committee and as a Congress, we must continue to work hard to ensure
future changes do not delay or diminish benefits. Veterans are our
priority, and we will protect their interests.
I have no further requests for time, Mr. Speaker, and I yield back
the balance of my time.
General Leave
Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks on the Senate amendments to H.R. 1383.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. I have no further requests for time.
Once again, I encourage all Members to support my motion to concur in
the Senate amendments.
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 concur in the Senate amendments to the bill, H.R. 1383.
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. Mr. 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.
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