[Congressional Record Volume 150, Number 101 (Tuesday, July 20, 2004)]
[House]
[Pages H6078-H6080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2004
Mr. SMITH of New Jersey. Madam Speaker, I move to suspend the rules
and pass the bill (H.R. 4175) 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, as amended.
The Clerk read as follows:
H.R. 4175
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''.
[[Page H6079]]
(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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Smith) and the gentleman from Maine (Mr. Michaud) each will
control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, H.R. 4175, as amended, would provide a cost-of-living
adjustment in the same amount as given to Social Security recipients,
to disabled veterans and surviving spouses. The committee ordered this
bill reported when it met on May 19, 2004. Five other measures were
also ordered reported at that meeting of our committee.
All veterans and qualified survivors of veterans who receive
disability compensation would receive a full COLA on December 1 of this
year. The COLA is actually calculated on September 30; but if
calculated today, it would be 2.2 percent.
More than 2.5 million veterans, Madam Speaker, were receiving
service-connected disability compensation as of April of 2004. The
basic purpose of the disability compensation program is to provide a
measure of relief from the impaired earning capacity of veterans
disabled as a result of their military service. These benefits are paid
monthly, and range from $106 for a 10 percent disability to $2,239 per
month for a 100 percent disability. Additional monetary benefits are
available for our most severely disabled veterans, as well as for their
dependents.
Spouses of veterans who died on active duty or as the result of a
service-connected disability likewise are entitled to monetary
compensation, as the Nation assumes, in part, the legal and moral
obligation of the veteran to support the spouse and the children.
Depending on their spouse's rank or grade in service, a spouse receives
between $967 and $2,063 monthly. Currently, there are more than 300,000
surviving spouses and more than 29,900 children receiving dependency
and indemnity compensation, also known as DIC.
The bill would also expand the list of diseases presumed to be
related to a former prisoner of war for which benefits may be paid by
adding osteoporosis, an often crippling bone condition. Former
prisoners of war are eligible for disability compensation if they are
disabled from one of the 16 conditions presumed to be the result of
their POW experience.
I want to thank the gentleman from Florida (Mr. Bilirakis), the
committee's vice chairman, for working with us to include this portion
of his bill, which was H.R. 348.
Finally, the bill would codify the current rates of compensation for
service-connected disabilities and the rates of DIC for surviving
spouses and children of veterans who die of service-connected causes,
which went into effect last December, pursuant to Public Law 108-147.
I urge my colleagues to support this bill. It is a bipartisan bill.
Madam Speaker, I reserve the balance of my time.
Mr. MICHAUD. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I would like to thank once again the gentleman from
New Jersey (Mr. Smith); the ranking member, the gentleman from Illinois
(Mr. Evans); and our chairman of the Subcommittee on Benefits, the
gentleman from South Carolina (Mr. Brown), for their continued efforts
to assure that our veterans' purchasing power is not decreased with the
passage of time.
H.R. 4175, the Veterans Compensation Cost-of-Living Act of 2004, will
help our service-disabled veterans and their survivors maintain the
value of their compensation benefits despite any increase in the cost
of living.
Although we will not know the amount of the increase until the
consumer price index is computed this fall, I expect this bill will
provide an increase in benefits for calendar year 2005.
No amount of money can adequately compensate for the loss of life or
limb, but it is important that the compensation that is paid does not
lose its value as the cost of living rises. This is particularly
important in a rural State like Maine. Some labor market areas in my
State have experienced double-digit unemployment. In one labor market
alone last year, unemployment was as high as 32 percent.
Veterans benefits help veterans and their families in these areas
make ends meet. I am also happy to note that the bill contains a
provision adding osteoarthritis to the list of conditions that are
presumptively service-connected for veterans who are former POWs.
I am a co-sponsor of H.R. 348, introduced by the gentleman from
Florida (Mr. Bilirakis), which contains this provision and more. I
regret that the full bill cannot be considered because of the fiscal
constraints.
I believe that when men and women suffer disabilities as a result of
confinement as prisoners of war, this Nation should compensate them for
all the disabilities that result. These disabilities are another cost
of war, and they should be recognized and compensated as such. This
provision is another small step in the right direction.
H.R. 4175 will receive my full support, and it deserves the support
of Members of this House.
Madam Speaker, I reserve the balance of my time.
{time} 1745
Mr. SMITH of New Jersey. Madam Speaker, I yield such time as he may
consume to the gentleman from South Carolina (Mr. Brown), the
distinguished chairman of our Subcommittee on Benefits.
Mr. BROWN of South Carolina. Madam Speaker, I rise in support of H.R.
4175, the Veterans' Compensation Cost-of-Living Adjustment Act of 2004.
Congress acts annually to provide a cost-of-living adjustment in VA
disability compensation and survivors benefits. Congress has provided
increases in these rates for every fiscal year since 1976, and the
administration's fiscal year 2005 budget includes the cost for this
increase.
As well as providing the cost-of-living adjustment effective December
1, 2004, and codifying the current dollar amount for veterans and
survivors benefits, H.R. 4175, as amended, would add osteoporosis to
the list of diseases presumed to be service-connected for former
prisoners of war. This particular provision is derived from H.R. 438,
which the gentleman from Florida (Mr. Bilirakis) introduced in January
of 2003. The vice chairman has long been a champion for former POWs,
and I regret that due to budgetary obstacles we were not able to
consider his bill in its entirety. I appreciate his understanding in
that regard.
Madam Speaker, I note that last year the Secretary of Veterans
Affairs convened a work group comprised of officials from the Veterans
Health Administration, Veterans Benefits Administration and the Office
of General Counsel, to develop a methodology for a fair and balanced
assessment of medical conditions identified and associated with POW
detention. This summer, the workgroup will recommend to the Secretary
any conditions it believes warrant either presumptive status or further
study. I look forward to meeting with the Secretary upon the work-
group's findings.
I want to thank the gentleman from Maine (Mr. Michaud), the ranking
member of the Subcommittee on Benefits, for his efforts on this bill
and urge all my colleagues to support it.
Mr. MICHAUD. Madam Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Evans), the ranking member of the committee.
Mr. EVANS. Madam Speaker, I would like to thank the gentleman from
New Jersey (Mr. Smith), chairman of the full committee; the gentleman
from South Carolina (Mr. Brown), the Subcommittee on Benefits chairman;
and
[[Page H6080]]
the gentleman from Maine (Mr. Michaud), the ranking Democratic member,
for their spirt of bipartisanship. Their work has resulted in a bill
strongly supported by Members on both sides of the aisle.
H.R. 4175, the Veterans' Compensation Cost-of-Living Adjustment Act
of 2004, will help our service-disabled veterans and their survivors
maintain the value of their benefits despite any increases in cost-of-
living adjustments. Our Nation's veterans and survivors have earned
these benefits, and we must maintain their purchasing power.
I strongly support the provision adding osteoarthritis to the list of
conditions which are presumptively service-connected for veterans who
are former prisoners of war. Last year, the Congress passed legislation
which I introduced to add additional disabilities to the presumptive
list and to eliminate the time period of internment for certain
conditions. I am a cosponsor and strongly support efforts to improve
benefits for prisoners of war.
Additional presumptive conditions and the establishment of criteria
for the Department of Veterans Affairs to establish new presumptive
conditions are contained in H.R. 348, introduced by the gentleman from
Florida (Mr. Bilirakis), my good friend. I hope that all of these
provisions will one day become law.
This is a bill which deserves the support of all of the Members of
this House. I urge all Members to support it.
Mr. SMITH of New Jersey. Madam Speaker, I yield such time as he may
consume to the gentleman from Colorado (Mr. Beauprez), a distinguished
member of the committee.
Mr. BEAUPREZ. Madam Speaker, I thank the gentleman and the chairman
of our committee for his diligence on this bill, as well as on behalf
of all veterans. He is to be commended. And my thanks as well to the
gentleman from Maine (Mr. Michaud), my good friend, and the gentleman
from Illinois (Mr. Evans), the ranking member of our full committee,
for his work as well. It has been a real pleasure to serve on the
Committee on Veterans' Affairs in a true bipartisan effort.
Mr. Speaker, I rise in full support of H.R. 4175. There is absolutely
no question that our Nation's veterans are truly deserving of every bit
of assistance we can afford to provide them in return for their service
to our country.
Disabled veterans must receive even greater care and compensation. It
is imperative that we ensure that these brave men and women receive
every benefit they have so painstakingly earned.
It is equally important that these benefits be periodically adjusted
to meet the increasing demands of inflation.
This bill, the Veterans' Compensation Cost-of-Living Adjustment Act,
will increase disability compensation and survivor pensions based upon
the Consumer Price Index. In addition, the bill will also provide
additional compensation for surviving spouses and their children.
Madam Speaker, I feel the merits of this bill speak for themselves
and have already eloquently been addressed in this Chamber. I hope my
colleagues here today will join me in supporting this legislation for
those who helped defend our Nation's unparalleled ideals.
Mr. MICHAUD. Madam Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Rodriguez).
Mr. RODRIGUEZ. Madam Speaker, I rise today in support of H.R. 4175,
the Veterans' Compensation Cost-of-Living Adjustment Act of 2004.
I would also like to take this opportunity to thank the gentleman
from New Jersey (Mr. Smith), the chairman of the Committee on Veterans
Affairs, and of course, the gentleman from Illinois (Mr. Evans), our
ranking member, for their leadership and advocacy for our Nation's
veterans. I also would like to thank the gentleman from Maine (Mr.
Michaud) for his efforts and his leadership as the ranking member of
the Subcommittee on Benefits, as well as the gentleman from South
Carolina (Mr. Brown).
Every year Congress does a small yet much welcomed cost-of-living
adjustment to increase the rates of disability compensation for
veterans with service-connected disabilities. This legislation, similar
to those we have passed before, would authorize the cost-of-living
adjustment on December 1, 2004, based on the same formula for our
Social Security users. Additionally, it would increase the rates of
dependency and indemnity compensation for survivors of certain service-
connected disabled veterans.
Our disabled veterans are some of our country's greatest assets.
The Disabled American Veterans say it best: ``Treaties are signed and
the battles of nations end, but the personal battles of those disabled
in war only begin when the guns fall silent.'' These men and women must
struggle to regain health, to reshape lives shattered by disability,
learn new trades or professions, and rejoin the civilian world. At each
step, they need help to help themselves.
Madam Speaker, I know that this is just a small increase for our
veterans and their survivors, but I know that they appreciate it. I
encourage all my colleagues to vote in favor of this particular piece
of legislation.
Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I
may consume. We do not have any further requests for time.
I, too, want to thank the gentleman from Maine (Mr. Michaud) and
again the gentleman from Illinois (Mr. Evans) and the gentleman from
South Carolina (Mr. Brown). This is again a good, bipartisan piece of
legislation. It is very significant and will significantly help our
veterans and especially those who are service-connected disabled.
Madam Speaker, I yield back the balance of our time.
Mr. MICHAUD. Madam Speaker, I yield 3 minutes to the gentlewoman from
South Dakota (Ms. Herseth), who has shown her interest in veterans'
issues and is very dedicated and will be a hard fighter for veterans'
issues.
Ms. HERSETH. Madam Speaker, I thank the gentleman for yielding me
time.
I would like to thank the gentleman from New Jersey (Mr. Smith),
chairman of the House Committee on Veterans' Affairs, and the gentleman
from Illinois (Mr. Evans), the ranking Democrat member, as well as the
gentleman from South Carolina (Mr. Brown) and the gentleman from Maine
(Mr. Michaud) for again working together to maintain the level of
benefits provided to veterans who are disabled as a result of their
military service and the survivors of those who have died.
In this Chamber, we hear debates often on the merits and costs of
various programs proposed by the Department of Defense. Today, as men
and women of the Armed Forces place themselves in harm's way, this bill
reminds us that the costs of war do not end when the treaties are
signed and the battle is over.
Those who are disabled while serving this Nation deserve to be
appropriately compensated for the harm that they have suffered. As the
cost-of-living rises, so must the compensation paid to those who have
service-connected disabilities.
Those who have been held as prisoners of war deserve our special
consideration. This bill would recognize that former prisoners of war
are at greatest risk of osteoarthritis. I commend the gentleman from
Florida (Mr. Bilirakis), the subcommittee chairman, for his efforts in
this regard.
H.R. 4175 is a bill which deserves the support of all Members of this
House, and I urge all Members to support it.
Mr. MICHAUD. Madam Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion
offered by the gentleman from New Jersey (Mr. Smith) that the House
suspend the rules and pass the bill, H.R. 4175, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________