[Congressional Record Volume 159, Number 72 (Tuesday, May 21, 2013)]
[House]
[Pages H2815-H2817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        AMERICAN HEROES COLA ACT

  Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 570) to amend title 38, United States Code, to 
provide for annual cost-of-living adjustments to be made automatically 
by law each year in the rates of disability compensation for veterans 
with service-connected disabilities and the rates of dependency and 
indemnity compensation for survivors of certain service-connected 
disabled veterans, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 570

       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 ``American Heroes COLA Act''.

     SEC. 2. AUTOMATIC ANNUAL INCREASE IN RATES OF DISABILITY 
                   COMPENSATION AND DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Indexing to Social Security Increases.--Section 5312 of 
     title 38, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(d)(1) Whenever there is an increase in benefit amounts 
     payable under title II of the Social Security Act (42 U.S.C. 
     401 et seq.) as a result of a determination made under 
     section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary 
     shall, effective on the date of such increase in benefit 
     amounts, increase the dollar amounts in effect for the 
     payment of disability compensation and dependency and 
     indemnity compensation by the Secretary, as specified in 
     paragraph (2), as such amounts were in effect immediately 
     before the date of such increase in benefit amounts payable 
     under title II of the Social Security Act, by the same 
     percentage as the percentage by which such benefit amounts 
     are increased, but only if such percentage increase is 
     calculated using the Bureau of Labor Statistics Consumer 
     Price Index for Urban Wage Earners and Clerical Workers.
       ``(2) The dollar amounts to be increased pursuant to 
     paragraph (1) are the following:
       ``(A) Wartime disability compensation.--Each of the dollar 
     amounts in effect under section 1114 of this title.
       ``(B) Additional compensation for dependents.--Each of the 
     dollar amounts in effect under section 1115(1) of this title.
       ``(C) Clothing allowance.--The dollar amount in effect 
     under section 1162 of this title.
       ``(D) Dependency and indemnity compensation to surviving 
     spouse.--Each of the dollar amounts in effect under 
     subsections (a) through (d) of section 1311 of such title.
       ``(E) Dependency and indemnity compensation to children.--
     Each of the dollar amounts in effect under sections 1313(a) 
     and 1314 of such title.
       ``(3) Whenever there is an increase under paragraph (1) in 
     amounts in effect for the payment of disability compensation 
     and dependency and indemnity compensation, the Secretary 
     shall publish such amounts, as increased pursuant to such 
     paragraph, in the Federal Register at the same time as the 
     material required by section 215(i)(2)(D) of the Social 
     Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason 
     of a determination under section 215(i) of such Act (42 
     U.S.C. 415(i)).
       ``(4) During the period beginning on the date of the 
     enactment of this subsection and ending on September 30, 
     2018, each dollar amount increased under paragraph (1), if 
     not a whole dollar amount, shall be rounded to the next lower 
     whole dollar amount.
       ``(5) The Secretary of Veterans Affairs may adjust 
     administratively, consistent with the increases made under 
     subsection (a), the rates of disability compensation payable 
     to persons under section 10 of Public Law 85-857 (72 Stat. 
     1263) who have not received compensation under chapter 11 of 
     this title.''.
       (b) Effective Date.--Subsection (d) of section 5312 of 
     title 38, United States Code, as added by subsection (a) of 
     this section, shall take effect on December 1, 2014.

     SEC. 3. INCREASE IN RATE OF SPECIAL MONTHLY COMPENSATION FOR 
                   SEVERELY INJURED VETERANS.

       (a) Increase.--
       (1) In general.--Section 1114(r) of title 38, United States 
     Code, is amended--
       (A) in paragraph (1), by striking ``$2,002'' and inserting 
     ``$3,163''; and
       (B) in paragraph (2), by striking ``$2,983'' and inserting 
     ``$4,713''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on December 1, 2014.
       (b) Temporary Rates.--During the period beginning on 
     December 1, 2014, and ending on September 30, 2018, section 
     1114(r) of title 38, United States Code, as amended by 
     subsection (a), shall be applied--
       (1) in paragraph (1), by substituting ``$2,742'' for 
     ``$3,163''; and
       (2) in paragraph (2), by substituting ``$4085'' for 
     ``$4,713''.


[[Page H2816]]


  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Miller) and the gentleman from Maine (Mr. Michaud) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida.

                              {time}  1250


                             General Leave

  Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and add any extraneous material that they may have on H.R. 570, 
as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I 
might consume.
  The author of the underlying bill, Mr. Runyan of New Jersey, has put 
forward a bipartisan proposal to make permanent the veterans cost-of-
living adjustment. Currently, Congress must adopt annual COLA bills to 
ensure that payments to disabled veterans and survivors do not erode 
due to inflation.
  Mr. Runyan's bill, which my amendment incorporates, would make this 
annual, and sometimes dangerously delayed, practice a thing of the 
past. A coalition of veterans groups expressed strong concern with some 
other elements of the underlying bill, which my amendment now seeks to 
address.
  First, the concern was expressed that the bill would permanently 
extend the 20-year practice of rounding veterans COLA increases down to 
the next lower whole dollar. The Congressional Budget Office estimates 
that extending the round-down authority saves, relative to the 
baseline, over $1.3 billion over a 10-year period.
  The veterans coalition was concerned about the cumulative effect that 
the permanent round-down would have, as well as the moral principle 
associated with logging savings on the backs of our disabled veterans.
  To meet that concern, I worked with our ranking member to, first, 
sunset the round-down authority after 5 years, and second, we agreed 
with the committee's markup to find a way to reinvest savings 
associated with the round-down by improving benefits for other disabled 
veterans.
  I am pleased to announce that my amendment contains such an 
improvement that it is now enthusiastically supported by the veterans 
groups.
  Our bipartisan work would significantly increase the special monthly 
compensation payments made to our most severely disabled veterans by 30 
percent through the year 2018, then 50 percent thereafter. This is a 
payment that goes to support catastrophically disabled veterans who are 
in need of aid and attendance. These are veterans who are missing 
limbs, totally blind, deaf, or who are so disabled that they require 
the need of special care in the home, all as a result of their military 
service.
  Clearly, it's our duty to ensure that these most deserving service-
disabled veterans are well-cared for, and my amendment to H.R. 570 will 
be a significant step in that direction.
  And finally, the service organizations were concerned about the 
potential application of the so-called chained CPI at some point in the 
future that could potentially affect veterans COLAs. To allay that 
concern, my amendment specifies that the permanent veterans COLA only 
would be continued to the extent that the current inflationary index 
that is used now, the CPI for urban wage earners and clerical workers, 
continues in force.
  I'm very pleased to say that, with the changes in my amendment, we 
now have a bill that can be supported by the veterans it is intended to 
benefit.
  With that, I reserve the balance of my time.
  Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 570, as amended, the 
American Heroes COLA Act.
  I wish to thank Mr. Runyan, the sponsor of H.R. 570, and the chairman 
of the Disability Assistance and Memorial Affairs Subcommittee, as well 
as Ms. Titus, our subcommittee ranking member, for their hard work on 
this measure.
  I'd also like to thank Chairman Miller for working closely with me, 
and with the veterans groups, to make the key improvements in this 
particular bill.
  H.R. 570 would permanently index the annual veterans cost-of-living 
adjustment, or COLA, to the increase provided to Social Security 
beneficiaries, but only if the Social Security COLA continues to be 
determined using the current methodologies.
  This guards against automatically passing on any decrease to veterans 
that result from any future actions to implement a chained CPI regime.
  Second, H.R. 570 extends a COLA round-down provision set to expire 
this year for 5 years, instead of making it permanent. This round-down 
provision was implemented many years ago as a means of budget savings, 
and many veterans groups voiced opposition to making such a decrease 
permanent.
  Third, the savings generated from the round-down extension will be 
reinvested in veterans programs, namely, increasing the monthly amount 
provided to some of our veterans most in need of assistance and care.
  H.R. 570 would increase the amount of what is called a ``special 
monthly compensation'' paid to catastrophically disabled veterans in 
need of aid and attendance. This monthly amount would be increased from 
$2,002 to $3,163, and for those most in need of care from $2,983 to 
$4,713. These final payments would be phased in to comply with PAYGO 
requirements.
  H.R. 570, as amended, is a good bill, and I urge my colleagues to 
support this measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, at this time I'm happy to yield 
such time as he might consume to the gentleman from New Jersey (Mr. 
Runyan), the chairman of the Subcommittee on Disability Assistance and 
Memorial Affairs.
  Mr. RUNYAN. Chairman Miller, thank you and Ranking Member Mr. Michaud 
for bringing this bill to the floor.
  H.R. 570 is the American Heroes COLA Act. This bill, which I 
introduced at the beginning of the 113th Congress, seeks to make 
permanent the annual increase to veterans disability compensation rates 
and other benefits by tying these increases to the cost-of-living 
adjustments for Social Security benefits.
  With the passage of this act, veterans will no longer again have to 
depend on congressional action to receive an increase to the cost-of-
living adjustment they have more than earned through their service. 
Instead, these increases will become automatic from year to year.
  As chairman of the Subcommittee on Disability Assistance and Memorial 
Affairs, I am honored again to sponsor this legislation. I'm proud to 
have our subcommittee ranking member, Ms. Titus, as the lead cosponsor 
of the bill.
  Mr. Speaker, I also support the amendment offered by Chairman Miller 
of the Committee on Veterans' Affairs to use the savings generated by 
H.R. 570 to increase the rate of special monthly compensation paid to 
our most tragically wounded veterans, and I encourage all Members to 
support H.R. 570.
  Mr. MICHAUD. Mr. Speaker, at this time I'd like to yield 4 minutes to 
the gentlewoman from Nevada (Ms. Titus).
  Ms. TITUS. Thank you, Ranking Member Michaud, for yielding and for 
your work and leadership on this critical issue that affects our 
Nation's heroes.
  I support the American Heroes COLA Act, H.R. 570, which I introduced, 
along with my colleague and subcommittee chairman, John Runyan. This is 
important legislation that will protect our disabled veterans and their 
families' financial security.
  Unlike with Social Security COLA increases, which are calculated 
automatically, Congress must act each year to provide veterans with 
their COLA increases they need and deserve. Our Nation's heroes should 
receive their full compensation payment each year as well in a timely 
fashion, removed from the occasional logjam here on Capitol Hill. Their 
livelihood should not be held hostage by political forces.
  Nevada's veterans have struggled during this tough economic climate. 
Their rates of unemployment and homelessness are disproportionately

[[Page H2817]]

high, and as the cost of living has increased, so have their problems. 
And I know this is true of veterans around the country.
  By permanently adjusting benefits to include automatic cost-of-living 
increases we are providing critical peace of mind to those who have 
bravely served our country. They will have the knowledge of knowing 
that assistance will be there.
  Chairman Runyan and I have worked closely to improve this legislation 
since we first introduced the bill in February, and I fully support the 
amended version we are considering today. Changes concerning the round-
down practice and the chained CPI are changes that will strengthen the 
bill.
  I appreciate also the input we received from a number of veterans 
service organizations and believe that this improved version of the 
legislation clearly addresses their concerns.
  In effect, H.R. 570 will direct the VA to increase rates of 
disability compensation for veterans with service-connected 
disabilities, as well as the rates of dependency and indemnity 
compensation for the survivors of veterans with specific service-
connected claims.
  The bill will protect veterans benefits from deteriorating over time 
as the costs of housing, medicine, food and clothing and utilities all 
increase.

                              {time}  1300

  I want to echo Ranking Member Michaud's sentiments regarding the 
importance of having these adjustments occur annually, regularly, and 
dependably. It's essential that Congress provide for the needs of our 
heroes, the brave men and women who answered the call to serve in our 
armed services, and for their families as well.
  I thank Chairman Miller and Chairman Runyan for their work on this 
important issue, and I urge my colleagues to support the American 
Heroes COLA Act.
  Mr. MILLER of Florida. Mr. Speaker, I reserve the balance of my time.
  Mr. MICHAUD. Mr. Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. O'Rourke).
  Mr. O'ROURKE. I would also like to thank the chair of the 
subcommittee and the ranking member for sponsoring this legislation and 
the chairman and ranking member of the full committee for bringing it 
forward. I'm pleased to be a cosponsor of the American Heroes COLA Act.
  Yesterday, I had the opportunity to visit Arlington National Cemetery 
with other Members of Congress and had the opportunity to place a 
wreath on the Tomb of the Unknown Soldier. This incredibly moving and 
grounding experience reminded me of the ultimate sacrifice given by so 
many of our veterans.
  For those who return from service wounded or develop disabilities as 
they age, veterans benefits are what allow them and their families to 
live in some level of comfort. These modest benefits are often the 
difference between paying the mortgage and putting food on the table or 
going without. The legislation before us offers veterans security and 
guarantees that cost-of-living adjustments will happen automatically 
and not depend on yearly congressional approval.
  In addition, H.R. 570 will substantially increase benefits for the 
most severely disabled veterans receiving special monthly compensation. 
The bill also protects veterans from benefits cuts should a chained CPI 
be adopted for Social Security. While I oppose adoption of the chained 
CPI for Social Security, I think it is important we act now to take the 
issue off the table for veterans benefits.
  I represent thousands of El Paso veterans who have served our country 
and rely on VA benefits to make ends meet. They deserve the security of 
knowing those benefits will be adjusted when their cost of living 
rises.
  I urge all of my colleagues to support this legislation.
  Mr. MILLER of Florida. Mr. Speaker, we have no further requests for 
time. We're prepared to close, if the ranking member is as well.
  Mr. MICHAUD. In closing, Mr. Speaker, H.R. 570, as amended, is a 
solid piece of legislation that the veterans service organizations 
support, that the committee supports, and I would urge my colleagues to 
support this bill.
  With that, Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, I once again urge all of my 
colleagues to support H.R. 570, as amended, and I yield back the 
balance of my time.
  Mrs. KIRKPATRICK. Mr. Speaker, today, I rise in support of H.R. 570, 
the American Heroes Cola Act.
  I am proud to cosponsor this bipartisan bill because it helps our 
Nation's veterans.
  More specifically, it helps veterans with service-related 
disabilities.
  H.R. 570 would make their annual cost-of-living adjustments automatic 
for their disability compensation.
  Making this process automatic would finally allow veterans to count 
on their cost of living adjustment every year instead of waiting around 
on Congress.
  I thank my colleagues from both sides of the aisle--Mr. Runyon and 
Ms. Titus--for introducing this bill.
  Helping our veterans isn't a partisan issue--it's a national 
responsibility.

  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. 570, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to amend title 38, 
United States Code, to provide for annual cost-of-living adjustments to 
be made automatically by law each year in the rates of disability 
compensation for veterans with service-connected disabilities and the 
rates of dependency and indemnity compensation for survivors of certain 
service-connected disabled veterans, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________