[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5826 Referred in Senate (RFS)]

  2d Session
                                H. R. 5826


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2008

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

_______________________________________________________________________

                                 AN ACT


 
To increase, effective as of December 1, 2008, 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 2008''.

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

    (a) Rate Adjustment.--Effective on December 1, 2008, the Secretary 
of Veterans Affairs shall increase, in accordance with subsection (c), 
the dollar amounts in effect on November 30, 2008, for the payment of 
disability compensation and dependency and indemnity compensation under 
the provisions specified in subsection (b).
    (b) Amounts To Be Increased.--The dollar amounts to be increased 
pursuant to subsection (a) are the following:
            (1) Wartime disability compensation.--Each of the dollar 
        amounts under section 1114 of title 38, United States Code.
            (2) Additional compensation for dependents.--Each of the 
        dollar amounts under sections 1115(1) of such title.
            (3) Clothing allowance.--The dollar amount under section 
        1162 of such title.
            (4) Dependency and indemnity compensation to surviving 
        spouse.--Each of the dollar amounts under subsections (a) 
        through (d) of section 1311 of such title.
            (5) Dependency and indemnity compensation to children.--
        Each of the dollar amounts under sections 1313(a) and 1314 of 
        such title.
    (c) Determination of Increase.--
            (1) Percentage.--Except as provided in paragraph (2), each 
        dollar amount described in subsection (b) 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, 2008, as a 
        result of a determination under section 215(i) of such Act (42 
        U.S.C. 415(i)).
            (2) Rounding.--Each dollar amount increased under paragraph 
        (1), if not a whole dollar amount, shall be rounded to the next 
        lower whole dollar amount.
    (d) Special Rule.--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 title 38, United States Code.

SEC. 3. PUBLICATION OF ADJUSTED RATES.

    The Secretary of Veterans Affairs shall publish in the Federal 
Register the amounts specified in section 2(b), as increased under that 
section, not later than the date on which 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 2009.

            Passed the House of Representatives May 21, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.