[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4175 Referred in Senate (RFS)]

  2d Session
                                H. R. 4175


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 7, 2004

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
To increase, effective as of December 1, 2004, 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.

    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 ``Veterans' Compensation Cost-of-Living 
Adjustment Act of 2004''.

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

    (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, 
effective on December 1, 2004, increase the dollar amounts in effect 
for the payment of disability compensation and dependency and indemnity 
compensation by the Secretary, as specified in subsection (b).
    (b) Amounts To Be Increased.--The dollar amounts to be increased 
pursuant to subsection (a) are the following:
            (1) Compensation.--Each of the dollar amounts in effect 
        under section 1114 of title 38, United States Code.
            (2) Additional compensation for dependents.--Each of the 
        dollar amounts in effect under section 1115(1) of such title.
            (3) Clothing allowance.--The dollar amount in effect under 
        section 1162 of such title.
            (4) New dic rates.--The dollar amounts in effect under 
        paragraphs (1) and (2) of section 1311(a) of such title.
            (5) Old dic rates.--Each of the dollar amounts in effect 
        under section 1311(a)(3) of such title.
            (6) Additional dic for surviving spouses with minor 
        children.--The dollar amount in effect under section 1311(b) of 
        such title.
            (7) Additional dic for disability.--The dollar amounts in 
        effect under sections 1311(c) and 1311(d) of such title.
            (8) Dic for dependent children.--The dollar amounts in 
        effect under sections 1313(a) and 1314 of such title.
    (c) Determination of Increase.--(1) The increase under subsection 
(a) shall be made in the dollar amounts specified in subsection (b) as 
in effect on November 30, 2004.
    (2) Except as provided in paragraph (3), each such amount shall be 
increased by the same percentage as the percentage by which benefit 
amounts payable under title II of the Social Security Act (42 U.S.C. 
401 et seq.) are increased effective December 1, 2004, as a result of a 
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
    (3) Each dollar amount increased pursuant to paragraph (2) shall, 
if not a whole dollar amount, be rounded down to the next lower whole 
dollar amount.
    (d) Special Rule.--The Secretary may adjust administratively, 
consistent with the increases made under subsection (a), the rates of 
disability compensation payable to persons within the purview of 
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt 
of compensation payable pursuant to chapter 11 of title 38, United 
States Code.

SEC. 3. PUBLICATION OF ADJUSTED RATES.

    At the same time as the matters specified in section 215(i)(2)(D) 
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be 
published by reason of a determination made under section 215(i) of 
such Act during fiscal year 2005, the Secretary of Veterans Affairs 
shall publish in the Federal Register the amounts specified in 
subsection (b) of section 2, as increased pursuant to that section.

SEC. 4. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR.

    Section 1112(b)(3) of title 38, United States Code, is amended by 
adding at the end the following new subparagraph:
            ``(L) Osteoporosis.''.

SEC. 5. CODIFICATION OF COST-OF-LIVING ADJUSTMENT PROVIDED IN PUBLIC 
              LAW 108-47.

    (a) Veterans' Disability Compensation.--Section 1114 of title 38, 
United States Code, is amended--
            (1) by striking ``$104'' in subsection (a) and inserting 
        ``$106'';
            (2) by striking ``$201'' in subsection (b) and inserting 
        ``$205'';
            (3) by striking ``$310'' in subsection (c) and inserting 
        ``$316'';
            (4) by striking ``$445'' in subsection (d) and inserting 
        ``$454'';
            (5) by striking ``$633'' in subsection (e) and inserting 
        ``$646'';
            (6) by striking ``$801'' in subsection (f) and inserting 
        ``$817'';
            (7) by striking ``$1,008'' in subsection (g) and inserting 
        ``$1,029'';
            (8) by striking ``$1,171'' in subsection (h) and inserting 
        ``$1,195'';
            (9) by striking ``$1,317'' in subsection (i) and inserting 
        ``$1,344'';
            (10) by striking ``$2,193'' in subsection (j) and inserting 
        ``$2,239'';
            (11) in subsection (k)--
                    (A) by striking ``$81'' both places it appears and 
                inserting ``$82''; and
                    (B) by striking ``$2,728'' and ``$3,827'' and 
                inserting ``$2,785'' and ``$3,907'', respectively;
            (12) by striking ``$2,728'' in subsection (l) and inserting 
        ``$2,785'';
            (13) by striking ``$3,010'' in subsection (m) and inserting 
        ``$3,073'';
            (14) by striking ``$3,425'' in subsection (n) and inserting 
        ``$3,496'';
            (15) by striking ``$3,827'' each place it appears in 
        subsections (o) and (p) and inserting ``$3,907'';
            (16) by striking ``$1,643'' and ``$2,446'' in subsection 
        (r) and inserting ``$1,677'' and ``$2,497'', respectively; and
            (17) by striking ``$2,455'' in subsection (s) and inserting 
        ``$2,506''.
    (b) Additional Compensation for Dependents.--Section 1115(1) of 
such title is amended--
            (1) by striking ``$125'' in subparagraph (A) and inserting 
        ``$127'';
            (2) by striking ``$215'' and ``$64'' in subparagraph (B) 
        and inserting ``$219'' and ``$65'', respectively;
            (3) by striking ``$85'' and ``$64'' in subparagraph (C) and 
        inserting ``$86'' and ``$65'', respectively;
            (4) by striking ``$101'' in subparagraph (D) and inserting 
        ``$103'';
            (5) by striking ``$237'' in subparagraph (E) and inserting 
        ``$241''; and
            (6) by striking ``$198'' in subparagraph (F) and inserting 
        ``$202''.
    (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 
of such title is amended by striking ``$588'' and inserting ``$600''.
    (d) Dependency and Indemnity Compensation for Surviving Spouses.--
(1) Section 1311(a) of such title is amended--
            (A) by striking ``$948'' in paragraph (1) and inserting 
        ``$967''; and
            (B) by striking ``$204'' in paragraph (2) and inserting 
        ``$208''.
    (2) The table in section 1311(a)(3) of such title is amended to 
read as follows:

      

                                   Monthly                       Monthly
``Pay grade                           rate  Pay grade               rate
    E-1........................       $967      W-4..........     $1,157
    E-2........................       $967      O-1..........     $1,022
    E-3........................       $967      O-2..........     $1,056
    E-4........................       $967      O-3..........     $1,130
    E-5........................       $967      O-4..........     $1,195
    E-6........................       $967      O-5..........     $1,316
    E-7........................     $1,000      O-6..........     $1,483
    E-8........................     $1,056      O-7..........     $1,602
    E-9........................  $1,102\1\      O-8..........     $1,758
    W-1........................     $1,022      O-9..........     $1,881
    W-2........................     $1,063      O-10.........  $2,063\2\
    W-3........................     $1,094
 
``\1\If the veteran served as sergeant major of the Army, senior
  enlisted advisor of the Navy, chief master sergeant of the Air Force,
  sergeant major of the Marine Corps, or master chief petty officer of
  the Coast Guard, at the applicable time designated by section 1302 of
  this title, the surviving spouse's rate shall be $1,189.
``\2\If the veteran served as Chairman or Vice-Chairman of the Joint
  Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
  Operations, Chief of Staff of the Air Force, Commandant of the Marine
  Corps, or Commandant of the Coast Guard, at the applicable time
  designated by section 1302 of this title, the surviving spouse's rate
  shall be $2,213.''.

    (3) Section 1311(b) of such title is amended by striking ``$237'' 
and inserting ``$241''.
    (4) Section 1311(c) of such title is amended by striking ``$237'' 
and inserting ``$241''.
    (5) Section 1311(d) of such title is amended by striking ``$113'' 
and inserting ``$115''.
    (e) Dependency and Indemnity Compensation for Children.--(1) 
Section 1313(a) of such title is amended--
            (A) by striking ``$402'' in paragraph (1) and inserting 
        ``$410'';
            (B) by striking ``$578'' in paragraph (2) and inserting 
        ``$590'';
            (C) by striking ``$752'' in paragraph (3) and inserting 
        ``$767''; and
            (D) by striking ``$752'' and ``$145'' in paragraph (4) and 
        inserting ``$767'' and ``$148'', respectively.
    (2) Section 1314 of such title is amended--
            (A) by striking ``$237'' in subsection (a) and inserting 
        ``$241'';
            (B) by striking ``$402'' in subsection (b) and inserting 
        ``$410''; and
            (C) by striking ``$201'' in subsection (c) and inserting 
        ``$205''.

            Passed the House of Representatives July 22, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.