[Congressional Record Volume 156, Number 161 (Wednesday, December 8, 2010)]
[House]
[Pages H8094-H8100]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENIORS PROTECTION ACT OF 2010
Mr. POMEROY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5987) to ensure that seniors, veterans, and people with
disabilities who receive Social Security and certain other Federal
benefits receive a one-time $250 payment in the event that no cost-of-
living adjustment is payable in 2011, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5987
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 ``Seniors Protection Act of
2010''.
SEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO
RECIPIENTS OF SOCIAL SECURITY, SUPPLEMENTAL
SECURITY INCOME, RAILROAD RETIREMENT BENEFITS,
AND VETERANS DISABILITY COMPENSATION OR PENSION
BENEFITS.
(a) Authority To Make Payments.--
(1) Eligibility.--
(A) In general.--Subject to paragraph (5)(B), the Secretary
of the Treasury shall disburse a $250 payment to each
individual who, for any month during the 3-month period
ending with the month which ends prior to the month that
includes the date of the enactment of this Act, is entitled
to a benefit payment described in clause (i), (ii), or (iii)
of subparagraph (B) or is eligible for a SSI cash benefit
described in subparagraph (C). In the case of an individual
who is eligible for a payment under this subparagraph by
reason of entitlement to a benefit described in subparagraph
(B)(i), no such payment shall be made to such individual
unless such individual was paid a benefit described in such
subparagraph (B)(i) for any month in the 12-month period
ending with the month which ends prior to the month that
includes the date of the enactment of this Act.
(B) Benefit payment described.--For purposes of
subparagraph (A):
(i) Title ii benefit.--A benefit payment described in this
clause is a monthly insurance benefit payable (without regard
to sections 202(j)(1) and 223(b) of the Social Security Act
(42 U.S.C. 402(j)(1), 423(b)) under--
(I) section 202(a) of such Act (42 U.S.C. 402(a));
(II) section 202(b) of such Act (42 U.S.C. 402(b));
(III) section 202(c) of such Act (42 U.S.C. 402(c));
(IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C.
402(d)(1)(B)(ii));
[[Page H8095]]
(V) section 202(e) of such Act (42 U.S.C. 402(e));
(VI) section 202(f) of such Act (42 U.S.C. 402(f));
(VII) section 202(g) of such Act (42 U.S.C. 402(g));
(VIII) section 202(h) of such Act (42 U.S.C. 402(h));
(IX) section 223(a) of such Act (42 U.S.C. 423(a));
(X) section 227 of such Act (42 U.S.C. 427); or
(XI) section 228 of such Act (42 U.S.C. 428).
(ii) Railroad retirement benefit.--A benefit payment
described in this clause is a monthly annuity or pension
payment payable (without regard to section 5(a)(ii) of the
Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii)))
under--
(I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1));
(II) section 2(c) of such Act (45 U.S.C. 231a(c));
(III) section 2(d)(1)(i) of such Act (45 U.S.C.
231a(d)(1)(i));
(IV) section 2(d)(1)(ii) of such Act (45 U.S.C.
231a(d)(1)(ii));
(V) section 2(d)(1)(iii)(C) of such Act to an adult
disabled child (45 U.S.C. 231a(d)(1)(iii)(C));
(VI) section 2(d)(1)(iv) of such Act (45 U.S.C.
231a(d)(1)(iv));
(VII) section 2(d)(1)(v) of such Act (45 U.S.C.
231a(d)(1)(v)); or
(VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2))
with respect to any of the benefit payments described in
clause (i) of this subparagraph.
(iii) Veterans benefit.--A benefit payment described in
this clause is a compensation or pension payment payable
under--
(I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title
38, United States Code;
(II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title
38, United States Code;
(III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or
1562 of title 38, United States Code; or
(IV) section 1805, 1815, or 1821 of title 38, United States
Code,
to a veteran, surviving spouse, child, or parent as described
in paragraph (2), (3), (4)(A)(ii), or (5) of section 101,
title 38, United States Code, who received that benefit
during any month within the 3-month period ending with the
month which ends prior to the month that includes the date of
the enactment of this Act.
(C) SSI cash benefit described.--A SSI cash benefit
described in this subparagraph is a cash benefit payable
under section 1611 (other than under subsection (e)(1)(B) of
such section) or 1619(a) of the Social Security Act (42
U.S.C. 1382, 1382h).
(2) Requirement.--A payment shall be made under paragraph
(1) only to individuals who reside in 1 of the 50 States, the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, American Samoa, or the Northern Mariana
Islands, or who are utilizing a foreign or domestic Army Post
Office, Fleet Post Office, or Diplomatic Post Office address.
For purposes of the preceding sentence, the determination of
the individual's residence shall be based on the address of
record, as of the date of certification under subsection (b)
for a payment under this section.
(3) No double payments.--An individual shall be paid only 1
payment under this section, regardless of whether the
individual is entitled to, or eligible for, more than 1
benefit or cash payment described in paragraph (1).
(4) Limitation.--A payment under this section shall not be
made (or, in the case of subparagraph (D), shall not be
due)--
(A) in the case of an individual entitled to a benefit
specified in paragraph (1)(B)(i) or paragraph
(1)(B)(ii)(VIII) if--
(i) for the most recent month of such individual's
entitlement in the 3-month period described in paragraph (1),
or
(ii) for the month (as determined by the Commissioner of
Social Security) in which such individual would, but for this
paragraph, have been certified under subsection (b) to
receive a payment under this section,
such individual's benefit under such paragraph was not
payable by reason of subsection (x) or (y) of section 202 of
the Social Security Act (42 U.S.C. 402) or section 1129A of
such Act (42 U.S.C. 1320a-8a);
(B) in the case of an individual entitled to a benefit
specified in paragraph (1)(B)(iii) if, for the most recent
month of such individual's entitlement in the 3-month period
described in paragraph (1), such individual's benefit under
such paragraph was not payable, or was reduced, by reason of
section 1505, 5313, or 5313B of title 38, United States Code;
(C) in the case of an individual entitled to a benefit
specified in paragraph (1)(C) if--
(i) for such most recent month of such individual's
eligibility in the 3-month period described in paragraph (1),
or
(ii) for the month (as determined by the Commissioner of
Social Security) in which such individual would, but for this
paragraph, have been certified under subsection (b) to
receive a payment under this section,
such individual's benefit under such paragraph was not
payable by reason of subsection (e)(1)(A) or (e)(4) of
section 1611 (42 U.S.C. 1382) or section 1129A of such Act
(42 U.S.C. 1320a-8a); or
(D) in the case of any individual whose date of death
occurs--
(i) before the date of negotiation of a check payment to an
individual certified under subsection (b) to receive a
payment under this section; or
(ii) in the case of a direct deposit, before the date on
which such payment is deposited into such individual's
account.
In the case of any individual whose date of death occurs
before a payment under this section is negotiated (in the
case of a check) or deposited (in the case of a direct
deposit), such payment shall not be due and shall not be
reissued to the estate of such individual or to any other
person. In no case shall payment be made to, or on behalf of,
an individual who is not alive at the time of issuance or
reissuance.
(5) Timing and manner of payments.--
(A) In general.--The Secretary of the Treasury shall
commence disbursing payments under this section at the
earliest practicable date in 2011 prior to June 1, 2011. The
Secretary of the Treasury may disburse any payment
electronically to an individual in such manner as if such
payment was a benefit payment or cash benefit to such
individual under the applicable program described in
subparagraph (B) or (C) of paragraph (1).
(B) Deadline.--No payments shall be disbursed under this
section after December 31, 2011, regardless of any
determinations of entitlement to, or eligibility for, such
payments made after such date.
(b) Identification of Recipients.--The Commissioner of
Social Security, the Railroad Retirement Board, and the
Secretary of Veterans Affairs shall certify the individuals
entitled to receive payments under this section and provide
the Secretary of the Treasury with the information needed to
disburse such payments. A certification of an individual
shall be unaffected by any subsequent determination or
redetermination of the individual's entitlement to, or
eligibility for, a benefit specified in subparagraph (B) or
(C) of subsection (a)(1) (except that such certification
shall be affected by a determination that an individual is an
individual described in subparagraph (D) of subsection (a)(4)
during a period described in such subparagraph), and no
individual shall be certified to receive a payment under this
section if such individual has at any time been denied
certification for such a payment by reason of subparagraph
(A)(ii) or (C)(ii) of subsection (a)(4) (unless such
individual is subsequently determined not to have been an
individual described in either such subparagraph at the time
of such denial).
(c) Treatment of Payments.--
(1) Payment to be disregarded for purposes of all federal
and federally assisted programs.--A payment under subsection
(a) shall not be regarded as income and shall not be regarded
as a resource for the month of receipt and the following 9
months, for purposes of determining the eligibility of the
recipient (or the recipient's spouse or family) for benefits
or assistance, or the amount or extent of benefits or
assistance, under any Federal program or under any State or
local program financed in whole or in part with Federal
funds.
(2) Payment not considered income for purposes of
taxation.--A payment under subsection (a) shall not be
considered as gross income for purposes of the Internal
Revenue Code of 1986.
(3) Payments protected from assignment.--The provisions of
sections 207 and 1631(d)(1) of the Social Security Act (42
U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301
of title 38, United States Code, shall apply to any payment
made under subsection (a) as if such payment was a benefit
payment or cash benefit to such individual under the
applicable program described in subparagraph (B) or (C) of
subsection (a)(1).
(4) Payments subject to offset and reclamation.--
Notwithstanding paragraph (3)--
(A) any payment made under this section shall, in the case
of a payment of a direct deposit, be subject to the
reclamation provisions under subpart B of part 210 of title
31, Code of Federal Regulations (relating to reclamation of
benefit payments); and
(B) any payment made under this section shall not, for
purposes of section 3716 of title 31, United States Code, be
considered a benefit payment or cash benefit made under the
applicable program described in subparagraph (B) or (C) of
subsection (a)(1), and all amounts paid shall be subject to
offset to collect delinquent debts.
(d) Payment to Representative Payees and Fiduciaries.--
(1) In general.--In any case in which an individual who is
entitled to a payment under subsection (a) and whose benefit
payment or cash benefit described in paragraph (1) of that
subsection is paid to a representative payee or fiduciary,
the payment under subsection (a) shall be made to the
individual's representative payee or fiduciary and the entire
payment shall be used only for the benefit of the individual
who is entitled to the payment.
(2) Applicability.--
(A) Payment on the basis of a title ii or ssi benefit.--
Section 1129(a)(3) of the Social Security Act (42 U.S.C.
1320a-8(a)(3)) shall apply to any payment made on the basis
of an entitlement to a benefit specified in paragraph
(1)(B)(i) or (1)(C) of subsection (a) in the same manner as
such section applies to a payment under title II or XVI of
such Act.
(B) Payment on the basis of a railroad retirement
benefit.--Section 13 of the Railroad Retirement Act (45
U.S.C. 231l) shall apply to any payment made on the basis of
[[Page H8096]]
an entitlement to a benefit specified in paragraph (1)(B)(ii)
of subsection (a) in the same manner as such section applies
to a payment under such Act.
(C) Payment on the basis of a veterans benefit.--Sections
5502, 6106, and 6108 of title 38, United States Code, shall
apply to any payment made on the basis of an entitlement to a
benefit specified in paragraph (1)(B)(iii) of subsection (a)
in the same manner as those sections apply to a payment under
that title.
(e) Appropriations.--
(1) Carryover of earlier appropriation.--Any sums
appropriated under section 2201(e) of the American Recovery
and Reinvestment Act of 2009 for the Secretary of the
Treasury, the Commissioner of Social Security, the Railroad
Retirement Board, or the Secretary of Veterans Affairs and
which have not been expended as of the date of the enactment
of this Act shall also be available for the Secretary of the
Treasury, the Commissioner of Social Security, the Railroad
Retirement Board, or the Secretary of Veterans Affairs,
respectively, for the period of fiscal years 2010 through
2012, and shall remain available until expended, to carry out
this section.
(2) Additional appropriation.--Out of any sums in the
Treasury of the United States not otherwise appropriated, the
following sums are appropriated, in addition to sums referred
to in paragraph (1), for the period of fiscal years 2010
through 2012, to remain available until expended, to carry
out this section:
(A) For the Secretary of the Treasury, $7,000,000 for
administrative costs incurred in carrying out this section.
(B) For the Commissioner of Social Security--
(i) such sums as may be necessary for payments to
individuals certified by the Commissioner of Social Security
as entitled to receive a payment under this section; and
(ii) $52,000,000 for the Social Security Administration's
Limitation on Administrative Expenses for costs incurred in
carrying out this section.
(C) For the Railroad Retirement Board--
(i) such sums as may be necessary for payments to
individuals certified by the Railroad Retirement Board as
entitled to receive a payment under this section; and
(ii) $670,000 for the Railroad Retirement Board's
Limitation on Administration for administrative costs
incurred in carrying out this section.
(D)(i) For the Secretary of Veterans Affairs--
(I) such sums as may be necessary for the Compensation and
Pensions account, for payments to individuals certified by
the Secretary of Veterans Affairs as entitled to receive a
payment under this section; and
(II) $981,000 for the Information Systems Technology
account and $447,000 for the General Operating Expenses
account, for administrative costs incurred in carrying out
this section.
(ii) The Department of Veterans Affairs Compensation and
Pensions account shall hereinafter be available for payments
authorized under subsection (a)(1)(A) to individuals entitled
to a benefit payment described in subsection (a)(1)(B)(iii).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Dakota (Mr. Pomeroy) and the gentleman from Texas (Mr. Sam
Johnson) each will control 20 minutes.
The Chair recognizes the gentleman from North Dakota.
{time} 1030
General Leave
Mr. POMEROY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 5987, the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Dakota?
There was no objection.
Mr. POMEROY. Mr. Speaker, I yield myself such time as I may consume.
In October, the Social Security Commissioner announced there would be
no cost-of-living adjustment--or COLA--for Social Security benefits in
2011. This is the result of economic conditions. It is not due to
action or inaction on the part of Congress. Congress enacted
legislation in 1975 to provide for an automatic cost-of-living
adjustment so seniors would not face year after year of rising prices
for daily expenses with no increase in benefits. Unfortunately, due to
the formula, next month will mark the first time since 1975 when the
automatic COLA will not increase for the second year in a row. Because
the recovering economy is slowly turning around, prices tracked by
those bureaucrats measuring these items find that it has not reached
the peak of inflation in 2008 caused by the spike of energy prices. So
it is an anomaly within the formula providing no cost-of-living
adjustment.
Any of us visiting with our senior citizens across this great land
understand something quite different has occurred within the life of
our seniors: they are experiencing higher prices. In fact, this is
causing a hardship for so many, given the fact that Social Security
benefit levels are really very modest. They are $14,000 for the average
retiree. It is $13,000 on average in North Dakota. We estimate that
some more than 30 million Americans get most of their income from
Social Security, and many millions of Americans get all of their income
from Social Security.
So, basically, they have their benefit levels flatlined at a time
when they are encountering higher costs, reducing their quality of life
experience, and disappointing them greatly about Social Security.
The bill before us would provide 54 million Americans with a $250
payment in lieu of COLA. Now, for those at the very bottom, this means
a lot--about a $20 a month cost-of-living adjustment to help them with
those higher costs.
I want us to think for just a moment, Mr. Speaker, about this very
modest $250 payment, $20 a month, in contrast to some of the relief
measures being tossed around as negotiations proceed to conclude this
session. We heard about a deal the White House has been discussing with
the Senate that would provide, for example, an estate tax provision
representing a windfall to the wealthiest few families in this country.
At a time when Congress is considering measures that would provide vast
amounts of relief to the wealthiest who need it the least, you would
think that we might be able to measure support for $250 to seniors
living on Social Security checks unable to meet their expenses in light
of higher costs but no COLA.
The bill before us should pass under any sense of fairness,
particularly at this time of the holidays. The bill is supported by
AARP, the Alliance for Retired Americans, the National Committee to
Preserve Social Security and Medicare, the Strengthen Social Security
Campaign, the Disabled American Veterans, and the Wider Opportunities
for Women organizations.
Mr. Speaker, I encourage my colleagues to support H.R. 5897, the
Seniors Protection Act of 2010.
I reserve the balance of my time.
Mr. SAM JOHNSON of Texas. Mr. Speaker, you know, I hate references to
what we are doing today to this. Bipartisan congressional efforts
established the cost-of-living adjustment or COLA formula beginning in
1975 to make sure that Social Security benefits retain their purchasing
power for our Nation's seniors. The COLA formula is designed to achieve
a simple goal. Increases in consumer prices trigger an increase in
Social Security benefits.
In 2009, seniors received the largest COLA since 1982, 5.8 percent,
because of a temporary spike in energy prices. Since then, energy
prices fell, and even though the inflation rate used to determine the
COLA was negative between 2008 and 2009, benefits were not reduced in
2010. Instead, they remained constant. That is because the law prevents
benefits from being reduced when prices decline, and that helps seniors
in these tough economic times.
Since prices have remained short of the peak they reached back in
2008, the Social Security Administration announced there will not be a
COLA in 2011 either. Though seniors are understandably disappointed,
the COLA formula is working as intended. The good news is that most
seniors do not face an increase in their Medicare part B premium when
there is no COLA due to hold harmless protections in current law. Also,
last year seniors received a $250 economic recovery payment through the
stimulus. While many seniors are hurting, so too are American working
families.
Doing an end-run around a current bipartisan COLA formula without
even one hearing to examine whether it is working or the many options
for change our colleagues have offered is wrong. Sending out $250
checks to people like Ross Perot or Warren Buffett, or to the Members
of this House who may be eligible for them, as this bill does, is
wrong. Sending $250 checks to prisoners or dead people, as Social
Security has done in the past, is wrong.
Increasing our Nation's crushing deficit on the backs of our children
by an additional $14 billion is wrong. Unfortunately, our side is
unable to right
[[Page H8097]]
these wrongs as we are prohibited from offering any amendments to this
bill. I urge my colleagues to vote ``no.''
I reserve the balance of my time.
Mr. POMEROY. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Higgins).
Mr. HIGGINS. I thank my colleague for the time and for his leadership
on this issue.
Mr. Speaker, I rise in strong support of the Seniors Protection Act.
Since 1975, seniors have depended on a cost-of-living adjustment to
meet their rising expenses. Through an automatic formula, they have
received a cost-of-living adjustment every year, without fail, until
last year.
Now, for a second year in a row, at a time when seniors have seen
their savings and home values drop and prices for their prescriptions
and other bills rise, they will also see their benefits frozen yet
again. I believe we must examine the COLA formula to ensure that it
meets the needs of seniors; but, in the meantime, we must provide an
increase to their benefits today so they can pay their expenses.
I strongly support this legislation, which will provide a one-time
payment of $250 to Social Security recipients in the upcoming year. I
urge my colleagues to support this legislation.
Mr. SAM JOHNSON of Texas. Mr. Speaker, I reserve the balance of my
time.
Mr. POMEROY. Mr. Speaker, at this time I yield 1 minute to the
gentleman from Iowa (Mr. Loebsack).
Mr. LOEBSACK. Thank you for yielding, Mr. Pomeroy, and for your great
leadership on this issue as well.
Mr. Speaker, what I hear time and again from Iowa seniors is that
their expenses are rising. They pay too much for prescriptions and
other health-related costs, transportation, and heating for their
homes. To make matters worse, seniors' other retirement income has lost
value in this recession.
Despite this fact, as was mentioned, there will be no COLA again for
our seniors and veterans in 2011. This is simply unfair. No senior
should retire into poverty after a lifetime of hard work. That is why I
strongly support the Seniors Protection Act, which will provide our
seniors with $250 to help defray the cost increases they are
experiencing that aren't recognized by the COLA formula. I am an
original cosponsor of this bill, and I have strongly advocated for its
passage. I plan to vote for it today because I believe it is the right
thing to do for our seniors.
Mr. SAM JOHNSON of Texas. I continue to reserve the balance of my
time.
Mr. POMEROY. Mr. Speaker, I yield 1 minute to the gentlewoman from
Florida (Ms. Castor).
{time} 1040
Ms. CASTOR of Florida. I rise in strong support of the Seniors
Protection Act, and I thank my colleague, Mr. Pomeroy from North
Dakota, for his tremendous leadership.
Mr. Speaker, my older neighbors throughout the Tampa Bay Area in
Florida have shared with me that, since the recession hit in 2007, they
have really struggled with property value declines, with swings in the
values of their retirement savings, and with the rising cost of
Medicare. So it was particularly troubling that the Social Security
Administration announced that, for the second year in a row, there
would be no cost-of-living increase. They just couldn't believe it. It
appears that the COLA is not adequately taking account of the economic
situation that our older neighbors are facing today.
So I urge my colleagues to vote in favor of the Seniors Protection
Act. Let's keep the fundamental promise of Social Security, which is:
no matter what happens in a person's life, our older neighbors will
continue to live in dignity.
Mr. SAM JOHNSON of Texas. I continue to reserve the balance of my
time.
Mr. POMEROY. Mr. Speaker, I yield 1 minute to the gentleman from
Wisconsin, Dr. Kagen.
Mr. KAGEN. Thank you for yielding.
Mr. Speaker, I rise this morning to join my colleagues in support of
this necessary action.
What is it that our colleagues on the other side of the aisle don't
like about senior citizens? What is it that you do not understand about
people being in need?
It is $250 that is needed now to help our people, our constituents.
For me, it is for my patients so they can get their necessary
prescription drugs. People need help now, not next year.
I endorse this bill very strongly.
Mr. SAM JOHNSON of Texas. I continue to reserve the balance of my
time.
Mr. POMEROY. Mr. Speaker, I yield 2 minutes to the gentleman from
Connecticut (Mr. Courtney).
Mr. COURTNEY. I want to thank Mr. Pomeroy for his leadership on this
issue.
Mr. Speaker, here is the reality today of rising prices for America's
seniors and retired veterans.
From October 2009 to October 2010, the following commodities, which
consume the lion's share of a senior's household budget, saw
significant increases: home heating fuel went up 13 percent, gas prices
3.8 percent, prescription drug prices 3.9 percent, medical care 3.6
percent.
Despite these relentless increases, the Labor Department's CPI
formula spit out a 0 percent COLA because the cost of items which the
formula counts, like flat screen TVs, personal computers, and
recreation activities, went down. For seniors and veterans who are
dependent on Social Security and VA pensions, the latest flat screen
televisions and personal computers are not high on their shopping
lists.
Congress needs to intervene for the benefit of seniors and retired
veterans by passing this measure, which will provide emergency help
with the real-world budgets of elderly Americans.
Mr. SAM JOHNSON of Texas. Mr. Speaker, we are getting calls from our
constituents telling us that they don't want the COLA to continue just
giving money away. What they are interested in are tax decreases. I
would say that this is ill-advised at this time, and we should not just
throw more money at a problem that we can solve and have solved
already, so I urge my colleagues to oppose this legislation.
I yield back the balance of my time.
Mr. POMEROY. Mr. Speaker, I yield the balance of my time to the
gentleman from New York (Mr. Weiner).
The SPEAKER pro tempore. The gentleman is recognized for 11\1/2\
minutes.
Mr. WEINER. Thank you very much. I appreciate the sponsor of the
legislation.
Mr. Speaker, what it comes down to is that it is not as my good
friend characterized it: throwing money away or giving money away. This
is whether you consider people who have helped build this country to
what it is, who have paid into the Social Security Trust Fund, and who
very often rely entirely on Social Security for their support. These
are people who, frankly, on average, are making in the magnitude of
$16,000, $17,000, $20,000 for the entire year.
The Social Security COLA was passed in the 1970s with a very logical
rationale, which was to allow seniors to keep up with the high cost of
living. The mistake that we continually make--and perhaps it's because
the law is written incorrectly or perhaps it's a misinterpretation--is
that we assume for a moment that, when inflation is at a very low level
like it is today, it means costs haven't risen for seniors; but if you
look at the things that seniors are actually buying and if you look at
the things that they need in order to survive--housing, health care,
their very basics for food--all of these things are actually
experiencing rising costs.
You know, it is somewhat ironic that, when I hear my good friends on
the other side talk about the need for austerity, it always seems to be
that it is the people who are in the middle class and struggling to
make it who are the ones who are supposed to take the hit. Social
Security beneficiaries are the broad cross section of this country, and
we have made a contract with them.
I have to tell you that I know the new Republican Congress was
elected on a platform of eviscerating Social Security as we know it.
That is not a rhetorical talking point. If you look at the book quite
literally, the book written by the person who is going to be the
chairman of the Budget Committee on the Republican side, he suggests
turning large portions of the Social Security Trust Fund to the stock
market.
Yes, that is their belief. That is what they think the lesson is that
was learned.
[[Page H8098]]
So there really is a question here about who we are fighting for. Mr.
Pomeroy and the people who are going to vote ``yes'' on this bill say
we want to fight for senior citizens who are struggling to make it each
and every day. They are the ones who believe that Social Security isn't
some kind of bizarre Socialist plot but is a way that we have created a
safety net. That's all it is.
Nobody, I say to my colleagues, collects their Social Security checks
and says, ``Woo-hoo, I'm rich.'' They collect them and say, ``Oh, what
a relief. I can get through to the next month. I can continue with the
standard of living that I have without its being chipped away.''
Well, now, after 2 consecutive years, we will see the Social Security
cost-of-living increase, which is going to inch up to keep track of
costs that they have elsewhere in life, be restored. We are doing the
best we can. I believe, frankly, the COLA law needs to be rewritten. I
believe it did not contemplate the type of scenario we have today in
which overall inflation rates are going down and the costs for seniors
are staying high.
As other speakers have pointed out, there are two fundamental
mistakes that get made when the Social Security Trust Fund is
calculated:
One, the basket of things that a senior actually buys is entirely
different from what a teenager buys or from what a businessperson buys.
They have very discrete costs, and those costs are going up.
It is also important to know that there are sometimes regional
differences. In the part of the country that Mr. Pomeroy comes from,
energy costs are sometimes exceedingly high because of cold winters. In
the parts of the country that I represent and that Congressman Pascrell
represents, the cost of housing is extraordinarily high. It is
definitely going up more than 0 percent a year.
I would also remind my Republican colleagues of one other thing. A
lot of them did not like the Social Security program from the word
``go.'' They didn't like it even then. There is a schizophrenia
inherent in the Republican position about Social Security. They really
nailed, or actually got it in their bones, that having a safety net
program for senior citizens was really something government should not
be doing. They didn't like it. Go take a look at the debate back in
1933 when it began. Yet, from 1935, which is when the checks started
coming, until today, one thing has been consistently true: month after
month, year after year, this program has worked exactly how it was
designed. It was designed to allow one generation to help provide a
safety net for the next--year after year, generation after generation.
I want to say one other thing.
This whole idea that the apocalypse is arriving and Social Security
is coming undone at the seams is wildly, wildly overblown. Today, the
Social Security program will add to the deficit exactly zero dollars
and zero cents. That's more than I can say about the tax cuts for
billionaires, which is going to add $700 billion to the deficit over 10
years.
So what we are saying is that we Democrats, we who will vote ``yes''
on this bill, are standing up and fighting for senior citizens. We are
standing up and fighting for every Social Security beneficiary, even
the ones who are Republicans and Independents from all parts of the
country, because we fundamentally believe the program works. If you
believe that the Social Security program is a good and virtuous
program, this is your chance to show it, by voting ``yes,'' because
this is a chance to improve it.
{time} 1050
If you believe that the Social Security program is some kind of hoax
or a fraud or you believe what many of my Republican friends believe,
that it should be privatized, dismantled, eliminated, tossed in the
trash can, then you should probably vote ``no'' on this because this
bill only strengthens Social Security.
Now let me make one final remark--and I thank very much Mr. Pomeroy
for being the sponsor of this legislation. He has never lost sight of
the fact that the senior citizens that we help with Social Security are
exactly the ones who helped put us in a position to build this country
to what it is today.
Let me make one final point. You know, in all of the political back
and forth that very often happens during campaign season, I think that
we really did just see a campaign where one side operated almost
entirely from a position of what they were against--they're against
strengthening Social Security, they're against health care reform,
they're against financial reform, they're against a reduction of taxes
on the middle class.
We know precious little about what the new incoming Republican
Congress is in favor of. This is an interesting test, where they are on
Social Security. The chairman of their incoming Budget Committee
believes in privatizing it. Many of their candidates kind of hemmed and
hawed when asked. This is it, this is a good early test. And I would
want to remind the American people that if you believe Social Security
is one of those programs you really think should be protected and
strengthened, this is the team that's fighting for you, the one that's
offering this piece of legislation.
I urge my colleagues to vote ``yes,'' and I urge my Republican
colleagues to finally realize that supporting senior citizens and
Social Security is a virtuous and good thing to do, even from their
perspective.
Mr. LANGEVIN. Mr. Speaker, I rise in strong support of the Seniors
Protection Act. This bill will provide a $250 one-time payment to over
250,000 Rhode Islanders who will see no cost of living adjustment in
their Social Security payment for a second consecutive year.
The slow economic recovery has been particularly hard on Rhode Island
seniors, veterans and individuals with disabilities. Social Security
pays $14,000 a year for the average retiree, a modest but crucial
benefit that provides over half of all income for the majority of our
elderly. People with disabilities and veterans with service-connected
injuries also rely on this assistance to meet their day to day needs
because they are not able to work, though it is not for lack of trying.
Since this assistance will be used to make mortgage payments, pay rent,
buy food or access medical care, it will be injected right back into
the economy providing additional economic stimulus to our communities.
While Congress is considering extending tax breaks for millionaires
and billionaires who don't really need them, I ask them to strongly
consider extending a break to those that do. This $250 payment will
help seniors, veterans, railroad retirees and people with disabilities
who receive Social Security make ends meet during this difficult time,
when housing values are down, other retirement income is volatile, and
many are facing rising costs.
I urge my colleagues to vote for the Seniors Protection Act, and
support its immediate passage.
Mr. BLUMENAUER. Mr. Speaker, H.R. 5897 was not the way to help Social
Security beneficiaries deal with the financial difficulties facing so
many.
There is no doubt that millions of Americans have been hurt by this
recession. I am sympathetic to those who are struggling and this bill
wasn't the way to address the problem. A political gesture that would
never become law is not fair to anyone.
Sending a $250 check to seniors, the disabled, and other
beneficiaries of Social Security, irrespective of their needs or their
income, sends the wrong message to people who are concerned about
federal spending.
As part of our assessment of Social Security, we need to assure the
cost of living adjustments are determined in a way that reflects the
costs that seniors and others are bearing today and in the future. It
also needs to be done in a fiscally responsible way that does not add
to the federal deficit or threaten the future strength of the Social
Security trust fund.
H.R. 5987 failed these counts and I will vote ``no.''
Mr. COSTELLO. Mr. Speaker, I rise today in support of H.R. 5987, the
Seniors Protection Act. When the Social Security Administration
announced there would not be an automatic cost-of-living-adjustment
(COLA) for the second consecutive year, I urged the House leadership to
bring H.R. 5987 to the floor. The bill provides a onetime payment of
$250 which equals roughly a 1.8 percent increase in retirement benefits
to seniors, veterans, persons with disabilities and railroad retirees.
Social Security has been a reliable source of income for 58 million
Americans living on fixed incomes. Today, six in ten seniors rely on
Social Security for more than half of their income; about a third of
retirees have little other than Social Security to live on. In the 12th
Congressional District of Illinois I am privileged to represent,
125,810 people receive Social Security and 19,365 receive Supplemental
Security Income (SSI) benefits.
[[Page H8099]]
While there was no inflation from the third quarter of 2008 to the
third quarter of 2010, health care and prescription drug costs continue
to significantly outpace inflation; yet seniors have not received a
COLA adjustment to make up for these burdens. Swiftly enacting H.R.
5987 is necessary to ensure my constituents and Americans across the
country are able to make ends meet.
Not only is this payment critical to beneficiaries during this
economic discovery, the Economic Policy Institute 2010 report concluded
the $250 Social Security and SSI payment provided through the American
Recovery and Reinvestment Act increased GDP by roughly 0.5 percent in
the second quarter of 2009, which translates to approximately 125,000
jobs created or saved because of these payments.
Mr. Speaker, for 75 years, Social Security has served our seniors
well. They have worked hard and earned their retirement benefits.
Congress must act quickly to enact H.R. 5987 to demonstrate our
steadfast support for our seniors. I strongly urge my colleagues to
support the bill.
Mr. PASCRELL. Mr. Speaker, the issue we come here to address today is
not a Democratic or a Republican problem, but one facing each and every
one of our nation's seniors in the Social Security program. Despite any
political rhetoric, the lack of a Cost-of-Living Adjustment this year
was not a result of Congressional action, but a result of a formula in
place since the 1970s. I have long supported a change to this formula
to take into account the rising costs for seniors, but in the interim,
I am here as a cosponsor of this important legislation.
Right now, in my district, seniors are struggling with their gas and
electric bills. This 250 dollar payment could help seniors not only
with these rising costs, but also with their food, rent, medications,
and more. So many of our seniors rely heavily on their Social Security
checks and as costs continue to rise each year, their Social Security
checks are not going as far as they used to. Today, in offering this
small adjustment, we can give our seniors that extra cushion they need
to meet the unexpected costs of 2011. In this time of great uncertainty
and economic hardship, how can we possibly deny our seniors the extra
support they need?
I rise today and ask that my colleagues support this measure for our
seniors, who have given so much to our country and who deserve this
much-needed relief.
Mr. COSTELLO. Mr. Speaker, I rise today in support of H.R. 5987, the
Seniors Protection Act. When the Social Security Administration
announced there would not be an automatic cost-of-living-adjustment,
COLA, for the second consecutive year, I urged the House leadership to
bring H.R. 5987 to the floor. The bill provides a onetime payment of
$250 which equals roughly a 1.8 percent increase in retirement benefits
to seniors, veterans, persons with disabilities and railroad retirees.
Social Security has been a reliable source of income for 58 million
Americans living on fixed incomes. Today, six in ten seniors rely on
Social Security for more than half of their income; about a third of
retirees have little other than Social Security to live on. In the 12th
Congressional District of Illinois I am privileged to represent,
125,810 people receive Social Security and 19,365 receive Supplemental
Security Income, SSI, benefits.
While there was no inflation from the third quarter of 2008 to the
third quarter of 2010, health care and prescription drug costs continue
to significantly outpace overall inflation; yet seniors have not
received a COLA adjustment to make up for these burdens. Swiftly
enacting H.R. 5987 is necessary to ensure my constituents and Americans
across the country are able to make ends meet.
Not only is this payment critical to beneficiaries during this
economic recovery, the Economic Policy Institute 2010 report concluded
the $250 Social Security and SSI payment provided through the American
Recovery and Reinvestment Act increased GDP by roughly 0.5 percent in
the second quarter of 2009, which translates to approximately 125,000
jobs created or saved because of these payments.
Mr. Speaker, for 75 years, Social Security has served our seniors
well. They have worked hard and earned their retirement benefits.
Congress must act quickly to enact H.R. 5987 to demonstrate our
steadfast support for our seniors. I strongly urge my colleagues to
support the bill.
Ms. MATSUI. Mr. Speaker, I rise today in strong support of H.R. 5987,
the Seniors Protection Act of 2010.
Social Security is a pillar of our society based on the premise that
if you work hard and play by the rules you will in turn receive the
stability and security of a minimum level of guaranteed income as you
get older. While sometimes it gets pushed aside as nothing more than an
entitlement program, the reality is that Social Security provides all
of the retirement income for six out of ten seniors in this country.
Mr. Speaker, for 75 years, Social Security has never been a day late
or a dollar short. But this year the Social Security Administration has
recommended that there be no Cost of Living Adjustment--or COLA--for
the second year in a row. That means that the very seniors who are
struggling to make ends meet will receive a significant amount less
than they were expecting for 2011.
While the lack of COLA is not a result of Congressional or
Presidential action, today we have the chance to vote to make things
right. The Seniors Protection Act of 2010 would simply provide a $250
check to Social Security recipients in lieu of a Cost of Living
Adjustment for 2011.
For some, a few hundred dollars may not seem like a large amount of
money. But for the millions of American seniors who are making hard
choices, choosing between filling their prescriptions, paying their
rent, or feeding their families, a modest increase in their Social
Security income could make all of the difference in the world.
Furthermore, ensuring America's seniors can make ends meet would have
a broader, positive, effect on the economy as a whole. A recent study
by the Economic Policy Institute shows that similar payments to Social
Security recipients have proven to be an effective economic stimulus.
Mr. Speaker, we must commit ourselves to continuing to provide the
foundation for Americans' retirement security. I urge my colleagues to
vote in favor of H.R. 5987.
Ms. HIRONO. Mr. Speaker, I rise today in support of the Seniors
Protection Act. I am an original cosponsor of this crucial legislation
to provide Social Security recipients with a one-time $250 payment in
2011 to help seniors make ends meet. This bill is in response to the
Social Security Administration's October announcement that there will
be no automatic Cost-Of-Living-Adjustment next year for Social Security
recipients because the trigger did not come into play because of the
recession.
More than 160,000 seniors in Hawaii receive Social Security benefits.
Over 1,000 of them took the time to write, e-mail, or call me to share
their need for a COLA this year. In Hawaii and nationwide, seniors have
seen their cost of living go up, whether in medical costs, uncovered
prescription drug costs, or utility bills. Meanwhile, the recession
that began under President George W. Bush has hit seniors' savings in
pensions, IRAs, and 401(k)s especially hard. The Seniors Protection Act
will provide our seniors with a modest financial boost to help get by.
Nationwide, three out of every five seniors rely on Social Security
for more than half of their income. The average retiree receives
$14,000 in Social Security benefits. This bill's $250 payment will help
seniors, veterans, railroad retirees and people with disabilities who
receive Social Security.
In 1975, a majority Democratic Congress passed a law to automatically
provide a cost-of-living increase for Social Security each year, using
a formula based on inflation within the overall economy. For the first
time in 30 years, as a result of the Bush Recession, the Consumer Price
Index for Urban Wage Earners and Clerical Workers (CPI-W) was not high
enough to trigger an automatic increase for 2010. Although our economy
continues to recover, the formula will once again not provide an
increase in 2011.
I support efforts to improve the Social Security COLA formula using
the Consumer Price Index for Elderly Workers (CPI-E). In the meantime,
the Seniors Protection Act before us today will provide a one-time
payment of $250 in lieu of the 2011 increase.
The Seniors Protection Act currently has 158 Democratic cosponsors,
but not one SINGLE Republican cosponsor. Instead, in recent months,
leading House Republicans have called again for President George W.
Bush's plan to privatize Social Security and leave seniors' hard-earned
benefits up to the whims of the stock market.
I recently celebrated Social Security's 75th Birthday at an event at
the Kapolei Branch of the Social Security Administration. As I said
there and have said many times before, I will continue to fight to
preserve Social Security benefits so seniors can help make ends meet.
Mr. CONYERS. Mr. Speaker, I rise today as a strong supporter of ``The
Seniors Protection Act.'' As we enter the second consecutive year
without a cost-of-living adjustment for Social Security retirees and
other beneficiaries, this legislation would have helped to provide 54
million Social Security recipients with a one-time payment of $250 to
help them make ends meet during this tough time. America has a moral
and civic duty to always support our Nation's seniors, veterans, and
the disabled, they may live a productive and secure life.
The Seniors Protection Act is an investment in the economic stability
of our seniors, veterans, people with idisabilities, and all who depend
on Social Security to make ends meet. The bill also offers support to
the millions of seniors who are struggling trying to pay their bills,
mortgages, and other daily expenses.
[[Page H8100]]
The Seniors Protection Act is critical to our seniors, and is fiscally
responsible. Unfortunately, Congressional Republicans oppose the bill,
something that is truly regrettable and a moral outrage.
While Democrats maintain a strong record protecting, upholding, and
strengthening Social Security, Republicans continue to advocate risky
schemes to privatize it and cut benefits. America's seniors deserve
better.
I commend all of my colleagues who support this bill, and I thank
Social Security Subcommittee Chairman Earl Pomeroy for his outstanding
leadership on this issue. Democrats will always stand with our Nation's
seniors, because it is the humane, just, and right thing to do.
Mr. KUCINICH. Mr. Speaker, I rise in strong support of H.R. 5987, the
Seniors Protection Act of 2010.
Earlier this year, the Social Security Administration announced that
for the second year in a row, Social Security beneficiaries would not
be receiving a Cost of Living Adjustment (COLA) increase for the second
year in a row. This legislation provides seniors with an additional
$250 payment, equivalent to about a 2% COLA, to Social Security
beneficiaries next year.
A COLA increase is imperative for seniors who rely on their benefits
to support themselves and their families. According to the Economic
Policy Institute, 3.5 million seniors are below the poverty level. The
Department of Labor estimates that almost half of the 2 million workers
over the age of 55 have been unemployed for six months or longer. Yet
as more seniors experience poverty as a result of the economic
downturn, the calls for privatizing and cutting Social Security in the
name of fiscal responsibility have grown louder. Privatizing Social
Security will hurt the most vulnerable Americans such as women,
minority communities and children--those Americans that are currently
experiencing disproportionately the effects of the recession. The
Congressional Budget Office estimates that the program is fiscally
sound for another 40 plus years.
It is our responsibility to guarantee seniors an adequate income
after a lifetime of paying into Social Security. We must shift the
focus from cutting vital programs such as Social Security to reviving
our domestic manufacturing sector as a means to put Americans back to
work.
I urge my colleagues to support this legislation.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 5987, ``Supporting the Seniors Protection Act of 2010.'' Let me
begin by thanking my colleague Representative Earl Pomeroy for
introducing this very important legislation into the House of
Representatives as it is important that we recognize the struggle that
a certain segment of our Nation endures and support them by ensuring
that we give attention to this matter.
As you may know, H.R. 5987, directs the Secretary of the Treasury to
disburse a $250 payment to recipients of Social Security, SSI
(Supplemental Security Income under title XVI of the Social Security
Act), railroad retirement benefits, and veterans disability
compensation or pension benefits if no cost-of-living adjustment (COLA)
is payable in 2011.
I support the Seniors Protection Act of 2010. This Act will provide
immediate relief to seniors struggling on fixed income with increasing
expenses. The legislation will provide 54 million Social Security
beneficiaries and others with a one-time $250 payment, in lieu of a
COLA. Now more than ever this emergency spending of $14.5 billion would
provide targeted economic relief to our most vulnerable citizens living
on fixed incomes, and struggling with rising health care, food and
utility costs.
For many, social security checks are the primary source of income and
for others, social security checks are the only source of income. It is
both fair and appropriate to now provide a second payment to help
stimulate our Nation's economy and at the same time assist seniors,
people with disabilities, children and other Social Security
beneficiaries who did not receive a cost of living adjustment in 2010
and will not get one again in 2011. The Bureau of Labor Statistics has
determined that the cost of medical care services has risen by nearly
seven percent in just the last two years. This $250 payment would
represent a small step toward reversing the erosion in benefits caused
by the skyrocketing cost of health care.
Therefore, I am requesting that we, the Congress urge President Obama
to include a $500 payment for seniors in his Budget Request for next
year. This $500 payment represents an inclusion for the lack of COLA in
2010 and 2011 years. While I understand that this will not totally
eradicate the financial strain, I believe this allotment will serve to
ameliorate some financial hardships. It is important that Congress
guarantees resources to our seniors that will assist them in not only
surviving, but also thriving.
Mr. Speaker, I strongly support H.R. 5987 and ask for its immediate
adoption.
Mr. POMEROY. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Dakota (Mr. Pomeroy) that the House suspend the
rules and pass the bill, H.R. 5987, 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. POMEROY. 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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