[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 407 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
                                 S. 407

_______________________________________________________________________

                                 AN ACT


 
  To amend title 38, United States Code, to provide for an increase, 
 effective December 1, 2009, in the rates of compensation for veterans 
  with service-connected disabilities and the rates of dependency and 
indemnity compensation for the survivors of certain disabled veterans, 
    to codify increases in the rates of such compensation that were 
       effective as of December 1, 2008, 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 the ``Veterans' Compensation Cost-of-
Living Adjustment Act of 2009''.

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

    (a) Rate Adjustment.--Effective on December 1, 2009, the Secretary 
of Veterans Affairs shall increase, in accordance with subsection (c), 
the dollar amounts in effect on November 30, 2009, 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 section 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, 2009, 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.
    (e) Publication of Adjusted Rates.--The Secretary of Veterans 
Affairs shall publish in the Federal Register the amounts specified in 
subsection (b), as increased under subsection (a), 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 2010.

SEC. 3. CODIFICATION OF 2008 COST-OF-LIVING ADJUSTMENT IN RATES OF 
              DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY 
              COMPENSATION.

    (a) Veterans' Disability Compensation.--Section 1114 of title 38, 
United States Code, is amended--
            (1) in subsection (a), by striking ``$117'' and inserting 
        ``$123'';
            (2) in subsection (b), by striking ``$230'' and inserting 
        ``$243'';
            (3) in subsection (c), by striking ``$356'' and inserting 
        ``$376'';
            (4) in subsection (d), by striking ``$512'' and inserting 
        ``$541'';
            (5) in subsection (e), by striking ``$728'' and inserting 
        ``$770'';
            (6) in subsection (f), by striking ``$921'' and inserting 
        ``$974'';
            (7) in subsection (g), by striking ``$1,161'' and inserting 
        ``$1,228'';
            (8) in subsection (h), by striking ``$1,349'' and inserting 
        ``$1,427'';
            (9) in subsection (i), by striking ``$1,517'' and inserting 
        ``$1,604'';
            (10) in subsection (j), by striking ``$2,527'' and 
        inserting ``$2,673'';
            (11) in subsection (k)--
                    (A) by striking ``$91'' both places it appears and 
                inserting ``$96''; and
                    (B) by striking ``$3,145'' and ``$4,412'' and 
                inserting ``$3,327'' and ``$4,667'', respectively;
            (12) in subsection (l), by striking ``$3,145'' and 
        inserting ``$3,327'';
            (13) in subsection (m), by striking ``$3,470'' and 
        inserting ``$3,671'';
            (14) in subsection (n), by striking ``$3,948'' and 
        inserting ``$4,176'';
            (15) in subsections (o) and (p), by striking ``$4,412'' 
        each place it appears and inserting ``$4,667'';
            (16) in subsection (r), by striking ``$1,893'' and 
        ``$2,820'' and inserting ``$2,002'' and ``$2,983'', 
        respectively; and
            (17) in subsection (s), by striking ``$2,829'' and 
        inserting ``$2,993''.
    (b) Additional Compensation for Dependents.--Section 1115(1) of 
such title is amended--
            (1) in subparagraph (A), by striking ``$142'' and inserting 
        ``$150'';
            (2) in subparagraph (B), by striking ``$245'' and ``$71'' 
        and inserting ``$259'' and ``$75'', respectively;
            (3) in subparagraph (C), by striking ``$96'' and ``$71'' 
        and inserting ``$101'' and ``$75'', respectively;
            (4) in subparagraph (D), by striking ``$114'' and inserting 
        ``$120'';
            (5) in subparagraph (E), by striking ``$271'' and inserting 
        ``$286''; and
            (6) in subparagraph (F), by striking ``$227'' and inserting 
        ``$240''.
    (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 
of such title is amended by striking ``$677'' and inserting ``$716''.
    (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 ``$1,091'' and 
                inserting ``$1,154''; and
                    (B) in paragraph (2), by striking ``$233'' and 
                inserting ``$246''.
            (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..................................  $1,154                            W-4....................          $1,380
E-2..................................  $1,154                            O-1....................          $1,219
E-3..................................  $1,154                            O-2....................          $1,260
E-4..................................  $1,154                            O-3....................          $1,347
E-5..................................  $1,154                            O-4....................          $1,427
E-6..................................  $1,154                            O-5....................          $1,571
E-7..................................  $1,194                            O-6....................          $1,771
E-8..................................  $1,260                            O-7....................          $1,912
E-9..................................  $1,3141                           O-8....................          $2,100
W-1..................................  $1,219                            O-9....................          $2,246
W-2..................................  $1,267                            O-10...................         $2,4632
W-3..................................  $1,305
----------------------------------------------------------------------------------------------------------------
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
  $1,419.
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 $2,643.''.

            (3) Additional dic for children or disability.--Section 
        1311 of such title is amended--
                    (A) in subsection (b), by striking ``$271'' and 
                inserting ``$286'';
                    (B) in subsection (c), by striking ``$271'' and 
                inserting ``$286''; and
                    (C) in subsection (d), by striking ``$128'' and 
                inserting ``$135''.
    (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 ``$462'' and 
                inserting ``$488'';
                    (B) in paragraph (2), by striking ``$663'' and 
                inserting ``$701'';
                    (C) in paragraph (3), by striking ``$865'' and 
                inserting ``$915''; and
                    (D) in paragraph (4), by striking ``$865'' and 
                ``$165'' and inserting ``$915'' and ``$174'', 
                respectively.
            (2) Supplemental dic for certain children.--Section 1314 of 
        such title is amended--
                    (A) in subsection (a), by striking ``$271'' and 
                inserting ``$286'';
                    (B) in subsection (b), by striking ``$462'' and 
                inserting ``$488''; and
                    (C) in subsection (c), by striking ``$230'' and 
                inserting ``$243''.
    (f) Dependency and Indemnity Compensation Payable to Parents.--
Section 1315 is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``$163'' and 
                inserting ``$569''; and
                    (B) in paragraph (3), by striking ``$4,038'' and 
                inserting ``$13,456'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``$115'' and 
                inserting ``$412''; and
                    (B) in paragraph (3), by striking ``$4,038'' and 
                inserting ``$13,456'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``$109'' and 
                inserting ``$387''; and
                    (B) in paragraph (3), by striking ``$5,430'' and 
                inserting ``$18,087''; and
            (4) in subsection (g), by striking ``$85'' and inserting 
        ``$308''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on December 1, 2008.

            Passed the Senate June 10, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                                 S. 407

_______________________________________________________________________

                                 AN ACT

  To amend title 38, United States Code, to provide for an increase, 
 effective December 1, 2009, in the rates of compensation for veterans 
  with service-connected disabilities and the rates of dependency and 
indemnity compensation for the survivors of certain disabled veterans, 
    to codify increases in the rates of such compensation that were 
       effective as of December 1, 2008, and for other purposes.