[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 407 Reported in Senate (RS)]
Calendar No. 70
111th CONGRESS
1st Session
S. 407
[Report No. 111-24]
To increase, effective as of December 1, 2009, 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, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2009
Mr. Akaka (for himself, Mr. Burr, Mr. Rockefeller, Mrs. Murray, Mr.
Sanders, Mr. Brown, Mr. Webb, Mr. Tester, Mr. Begich, Mr. Burris, Mr.
Specter, Mr. Isakson, Mr. Wicker, Mr. Johanns, Mr. Graham, Mr.
Lautenberg, Mrs. Lincoln, and Ms. Snowe) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
June 4, 2009
Reported by Mr. Akaka, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To increase, effective as of December 1, 2009, 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, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Veterans' Compensation
Cost-of-Living Adjustment Act of 2009''.</DELETED>
<DELETED>SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Amounts To Be Increased.--The dollar amounts to be
increased pursuant to subsection (a) are the following:</DELETED>
<DELETED> (1) Wartime disability compensation.--Each of the
dollar amounts under section 1114 of title 38, United States
Code.</DELETED>
<DELETED> (2) Additional compensation for dependents.--Each
of the dollar amounts under section 1115(1) of such
title.</DELETED>
<DELETED> (3) Clothing allowance.--The dollar amount under
section 1162 of such title.</DELETED>
<DELETED> (4) Dependency and indemnity compensation to
surviving spouse.--Each of the dollar amounts under subsections
(a) through (d) of section 1311 of such title.</DELETED>
<DELETED> (5) Dependency and indemnity compensation to
children.--Each of the dollar amounts under sections 1313(a)
and 1314 of such title.</DELETED>
<DELETED> (c) Determination of Increase.--</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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 Compensaiton 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.
Amend the title so as to read: ``A Bill 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.''.
Calendar No. 70
111th CONGRESS
1st Session
S. 407
[Report No. 111-24]
_______________________________________________________________________
A BILL
To increase, effective as of December 1, 2009, 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, and for other purposes.
_______________________________________________________________________
June 4, 2009
Reported with an amendment and an amendment to the title