[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.
____________________