[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1220 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1220

To increase, effective as of December 1, 2005, 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2005

   Mr. Buyer (for himself, Mr. Evans, Mr. Miller of Florida, and Ms. 
   Berkley) introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To increase, effective as of December 1, 2005, 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 2005''.

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, 2005, 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) Base for increase.--The increase under subsection (a) 
        shall be made in the dollar amounts specified in subsection (b) 
        as in effect on November 30, 2005.
            (2) Percentage of increase.--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, 2005, as a result of 
        a determination under section 215(i) of such Act (42 U.S.C. 
        415(i)).
            (3) Rounding.--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. CODIFICATION OF FISCAL YEAR 2005 COST-OF-LIVING ADJUSTMENT 
              PROVIDED IN PUBLIC LAW 108-363.

    (a) Veterans' Disability Compensation.--Section 1114 of title 38, 
United States Code, is amended--
            (1) in subsection (a), by striking ``$106'' and inserting 
        ``$108'';
            (2) in subsection (b), by striking ``$205'' and inserting 
        ``$210'';
            (3) in subsection (c), by striking ``$316'' and inserting 
        ``$324'';
            (4) in subsection (d), by striking ``$454'' and inserting 
        ``$466'';
            (5) in subsection (e), by striking ``$646'' and inserting 
        ``$663'';
            (6) in subsection (f), by striking ``$817'' and inserting 
        ``$839'';
            (7) in subsection (g), by striking ``$1,029'' and inserting 
        ``$1,056'';
            (8) in subsection (h), by striking ``$1,195'' and inserting 
        ``$1,227'';
            (9) in subsection (i), by striking ``$1,344'' and inserting 
        ``$1,380'';
            (10) in subsection (j), by striking ``$2,239'' and 
        inserting ``$2,299'';
            (11) in subsection (k)--
                    (A) by striking ``$82'' both places it appears and 
                inserting ``$84''; and
                    (B) by striking ``$2,785'' and ``$3,907'' and 
                inserting ``$2,860'' and ``$4,012'', respectively;
            (12) in subsection (l), by striking ``$2,785'' and 
        inserting ``$2,860'';
            (13) in subsection (m), by striking ``$3,073'' and 
        inserting ``$3,155'';
            (14) in subsection (n), by striking ``$3,496'' and 
        inserting ``$3,590'';
            (15) in subsections (o) and (p), by striking ``$3,907'' 
        each place it appears and inserting ``$4,012'';
            (16) in subsection (r), by striking ``$1,677'' and 
        ``$2,497'' and inserting ``$1,722'' and ``$2,564'', 
        respectively; and
            (17) in subsection (s), by striking ``$2,506'' and 
        inserting ``$2,573''.
    (b) Additional Compensation for Dependents.--Section 1115(1) of 
such title is amended--
            (1) in subparagraph (A), by striking ``$127'' and inserting 
        ``$130'';
            (2) in subparagraph (B), by striking ``$219'' and ``$65'' 
        and inserting ``$224'' and ``$66'', respectively;
            (3) in subparagraph (C), by striking ``$86'' and ``$65'' 
        and inserting ``$88'' and ``$66'', respectively;
            (4) in subparagraph (D), by striking ``$103'' and inserting 
        ``$105'';
            (5) in subparagraph (E), by striking ``$241''and inserting 
        ``$247''; and
            (6) in subparagraph (F), by striking ``$202'' and inserting 
        ``$207''.
    (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 
of such title is amended by striking ``$600'' and inserting ``$616''.
    (d) Dependency and Indemnity Compensation for Surviving Spouses.--
            (1) New law dic.--Section 1311(a) of such title is 
        amended--
                    (A) in paragraph (1), by striking ``$967'' and 
                inserting ``$993''; and
                    (B) in paragraph (2), by striking ``$208'' and 
                inserting ``$213''.
            (2) Old law dic.--The table in paragraph (3) of such 
        section is amended to read as follows:


 
             ``Pay grade                         Monthly rate                   Pay grade          Monthly rate
 
E-1..................................  $993                              W-4....................          $1,188
E-2..................................  $993                              O-1....................          $1,049
E-3..................................  $993                              O-2....................          $1,084
E-4..................................  $993                              O-3....................          $1,160
E-5..................................  $993                              O-4....................          $1,227
E-6..................................  $993                              O-5....................          $1,351
E-7..................................  $1,027                            O-6....................          $1,523
E-8..................................  $1,084                            O-7....................          $1,645
E-9..................................  $1,1311                           O-8....................          $1,805
W-1..................................  $1,049                            O-9....................          $1,931
W-2..................................  $1,091                            O-10...................         $2,1182
W-3..................................  $1,123                            .......................  ..............
 
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
  $1,221.
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 $2,272.''.

            (3) Additional dic for children or disability.--Section 
        1311 of such title is amended--
                    (A) in subsection (b), by striking ``$241'' and 
                inserting ``$247'';
                    (B) in subsection (c), by striking ``$241'' and 
                inserting ``$247''; and
                    (C) in subsection (d), by striking ``$115'' and 
                inserting ``$118''.
    (e) Dependency and Indemnity Compensation for Children.--
            (1) Dic when no surviving spouse.--Section 1313(a) of such 
        title is amended--
                    (A) in paragraph (1), by striking ``$410'' and 
                inserting ``$421'';
                    (B) in paragraph (2), by striking ``$590'' and 
                inserting ``$605'';
                    (C) in paragraph (3), by striking ``$767'' and 
                inserting ``$787''; and
                    (D) in paragraph (4), by striking ``$767'' and 
                ``$148'' and inserting ``$787'' and ``$151'', 
                respectively.
            (2) Supplemental dic for certain children.--Section 1314 of 
        such title is amended--
                    (A) in subsection (a), by striking ``$241'' and 
                inserting ``$247'';
                    (B) in subsection (b), by striking ``$410'' and 
                inserting ``$421''; and
                    (C) in subsection (c), by striking ``$205'' and 
                inserting ``$210''.
                                 <all>