[Congressional Record (Bound Edition), Volume 157 (2011), Part 8]
[House]
[Pages 11947-11948]
[From the U.S. 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:

     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

[[Page 11948]]

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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