Veterans at the gates: exploring the new GI Bill and its transformative possibilities.

• Author: Keillor, Joseph B.

INTRODUCTION

The Post-9/11 Veterans Educational Assistance Act (1) of 2008 ("Act")--popularly referred to as the "GI Bill for the 21st century" (2)--restores veterans' educational benefits to the generous level of the famed post-World War II GI Bill. The original bill has been widely assessed as among the most culturally transformative pieces of legislation of the twentieth century. (3) Nearly eight million veterans--many of whom otherwise would have lacked access to the nation's elite institutions of higher learning--pursued higher education through the GI Bill in the years immediately following World War IL (4) It has been credited with ensuring the successful reintegration of millions of veterans into civil society, (5) creating a new American middle class, (6) and making higher education available to African Americans in significant numbers for the first time. (7) However, despite the clear precedent of veterans' educational benefits profoundly impacting society, the new GI Bill legislation has attracted only modest attention that largely omits discussion of the Act's likely societal impact. (8)

This Note thus seeks to inform the reader about the Act, explain its shortcomings, articulate its likely societal impact, and offer recommendations for improving the Act's substance and enhancing its impact. Part I will examine the Act's passage, focusing on the political and policy context in which the Act was passed. Part II will articulate the central substantive provisions of the Act and compare them to previous GI Bills. Part III will then examine omissions and complex features of the Act that may forestall full realization of the Act's objectives. Part N will demonstrate how the Act is likely to have unintended consequences on universities' pricing practices, potentially causing the Act to substantially exceed cost estimates. (9) Part V will articulate how the resulting infusion of significant numbers of veterans with recent overseas combat experience into America's universities will force society to confront an unhealthy, growing gulf between civil society and the military, with the potential for either renewed understanding or an explosive clash. Finally, Part VI will draw upon the preceding sections to offer a series of recommendations designed to ensure realization of the Act's objectives, prevent gouging of the taxpayer, and facilitate a positive outcome to the heightened level of civil-military interaction.

1. CONVERGENCE OF POLITICAL FACTORS CONTRIBUTING TO THE ACT'S PASSAGE

   For years, bills expanding GI Bill benefits have been introduced unsuccessfully in Congress. (10) A brief survey of the political climate in early 2008 would lead one to believe that such an act would have virtually no chance of passage, due to the firm opposition of the president, the Pentagon, and Senator John McCain, a then-presumptive nominee for president who is also arguably the nation's most respected voice regarding veterans' affairs. (11) Nonetheless, a perfect storm of factors led to the Act passing with overwhelming majorities in both houses, (12) as part of a greater defense spending package (13) that finally passed just in time to avert a fiscal meltdown in Department of Defense (DOD) operations. (14)

   A bill to dramatically restructure GI Bill benefits, by fully covering the varying costs of a four-year university degree, (15) was introduced in January 2007 and steadily gained support. Since its enactment in 1985, the Montgomery GI Bill (16) had served as veterans' primary educational benefit and offered modest, flat-rate payments to help qualifying veterans pay for college. (17) Democratic Senator James Webb introduced Senate Resolution 22 as a stand-alone act (18) in 2007, noting the "very small percentage of the country who answers the call to duty" and calling for military members "serving since 9/11 to receive a GI Bill that is worthy of their service." (19) Webb's reference to enhanced benefits for veterans serving in an era of significant conflict accurately reflects American history, including both the "bonus" for veterans of World War I and the GI Bill benefits for World War II era veterans. (20) The bill attracted strong support in the educational community, as the American Council on Education and the National Association of Independent Colleges and Universities formally endorsed It. (21) Dartmouth University president and former marine James Wright characterized existing benefits as "seriously inadequate" in making an explicit comparison to earlier eras: "[F]ew Americans realize that the young people who are serving their country in Iraq and Afghanistan will not receive the kind of assistance that their grandfathers received when they returned from World War II." (22) Veterans groups likewise voiced support for the bill. (23)

   The focal point of the initial opposition to the bill by the administration, the Pentagon, and Senator McCain was a concern that the generous benefits would entice large numbers of experienced personnel away from the military services during a time of war. (24) The bill's major opponents each endorsed alternative expansions of benefits, such as allowing service members to transfer their benefits to spouses, (25) and staying within the existing Montgomery GI Bill framework while raising the flat-rate benefits by approximately forty-five percent. (26) Another substantial basis of opposition voiced by many in Congress was a critique of substantially expanded entitlement spending without paying for it, since leading versions of the bill did not offer corresponding tax increases or spending reductions elsewhere. (27)

   As Congress formally considered legislation to expand GI Bill benefits throughout the first half of 2008, proponents of the bill continually made explicit comparisons to previous wartime benefits. Testifying on behalf of the Iraq and Afghanistan Veterans of America before a veterans' affairs subcommittee, Patrick Campbell lobbied, "we fulfilled their social contract after World War II ... and we sent veterans to school for free. This country was rewarded with the greatest generation. How will we fulfill our end of the social contract with this generation?" (28) Representative Christopher van Hollen stated to his peers in the House of Representatives: "Just as a grateful Nation expanded opportunities for GIs returning home from World War II over 60 years ago, so now must our generation invest in our soldiers returning home from Iraq and Afghanistan so that they can get a 4-year college education." (29) Indeed, the language of the draft legislation itself contained an explicit findings section noting the "proud history of offering educational assistance to millions of veterans" while stressing that "[t]he current educational assistance program for veterans is outmoded and designed for peacetime service...." (30)

   Moreover, the incorporation of expanded GI Bill benefits into Deadlocked (31) supplemental defense appropriations legislation proved to be the unifying feature that overcame a bitter partisan divide. (32) Having decided to ultimately forego substantial direct constraints on maintaining military support for Iraq, (33) congressional Democrats nonetheless obtained a modest constraint on the prosecution of wars across the medium term by raising their cost. Specifically, the final bill established a precedent of including sizeable domestic spending amongst emergency war appropriations. (34) Congresswoman Louise Slaughter of New York encapsulated the Democrats' viewpoint of why enhanced veterans' benefits should be included in an emergency war appropriations bill, proclaiming, "[p]art of the cost of waging war is ensuring that those who fight receive the resources that they need to resume their lives when they return home." (35)

   As political support for enhanced GI Bill benefits solidified, the bill's initial opponents ultimately softened their opposition. In May 2008, Defense Secretary Robert Gates noted that the Pentagon could support substantial educational benefit increases, but that it was critical to allow transferability of the benefit to spouses. (36) It was apparent that Senator McCain's opposition had likewise softened when he was notably absent from a key Senate floor vote on the measure. (37) By mid-June, the administration officially deemed the revised defense appropriations bill as a whole "an acceptable bill" and called for swift passage by Congress. (38) When the supplemental defense appropriations bill was ultimately enacted on June 30, 2008, President Bush stated he was "pleased" it included an expansion of GI Bill benefits. (39) He particularly praised inclusion of the transferability provision: "It will help us to meet our responsibilities to those who support our troops every day America's great military families." (40)

2. THE ACT GENEROUSLY ENHANCES VETERANS' EDUCATIONAL BENEFITS

   The central feature of the new GI Bill is direct tuition payments to Universities (41) in conjunction with a stipend for living expenses. (42) Payments to universities cover full tuition and fees, with the caveat that payments are capped at the official tuition and fee rates charged to in-state students at the most expensive public university in each state. (43) Additionally, through the Yellow Ribbon Program, all private universities may choose to enter into an agreement with the government whereby each party would contribute fifty percent of the difference between the maximum costs allowed and full costs. (44) The stipend paid directly to veterans is the equivalent of the housing allowance paid to married midlevel enlisted service members, (45) which is based on the average rental cost of a two bedroom townhouse in the local area (46) and currently averages about $1200 a month. (47)

   Veterans also receive a host of smaller benefits, including: an automatic $1000 per academic year for books, (48) up to $1200 for tutoring assistance (49) and potentially $2000 towards...