[Congressional Record Volume 154, Number 142 (Tuesday, September 9, 2008)]
[House]
[Pages H7907-H7909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2008

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 2617) to increase, effective as of December 1, 2008, 
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.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 2617

       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 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 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, 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.
       (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 that 
     subsection, 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.

     SEC. 3. CODIFICATION OF 2007 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 ``$115'' and inserting 
     ``$117'';
       (2) in subsection (b), by striking ``$225'' and inserting 
     ``$230'';
       (3) in subsection (c), by striking ``$348'' and inserting 
     ``$356'';
       (4) in subsection (d), by striking ``$501'' and inserting 
     ``$512'';
       (5) in subsection (e), by striking ``$712'' and inserting 
     ``$728'';
       (6) in subsection (f), by striking ``$901'' and inserting 
     ``$921'';
       (7) in subsection (g), by striking ``$1,135'' and inserting 
     ``$1,161'';
       (8) in subsection (h), by striking ``$1,319'' and inserting 
     ``$1,349'';
       (9) in subsection (i), by striking ``$1,483'' and inserting 
     ``$1,517'';
       (10) in subsection (j), by striking ``$2,471'' and 
     inserting ``$2,527'';
       (11) in subsection (k)--
       (A) by striking ``$89'' both places it appears and 
     inserting ``$91''; and
       (B) by striking ``$3,075'' and ``$4,313'' and inserting 
     ``$3,145'' and ``$4,412'', respectively;
       (12) in subsection (l), by striking ``$3,075'' and 
     inserting ``$3,145'';
       (13) in subsection (m), by striking ``$3,392'' and 
     inserting ``$3,470'';
       (14) in subsection (n), by striking ``$3,860'' and 
     inserting ``$3,948'';
       (15) in subsections (o) and (p), by striking ``$4,313'' 
     each place it appears and inserting ``$4,412'';
       (16) in subsection (r), by striking ``$1,851'' and 
     ``$2,757'' and inserting ``$1,893'' and ``$2,820'', 
     respectively; and
       (17) in subsection (s), by striking ``$2,766'' and 
     inserting ``$2,829''.
       (b) Additional Compensation for Dependents.--Section 
     1115(1) of such title is amended--
       (1) in subparagraph (A), by striking ``$139'' and inserting 
     ``$142'';
       (2) in subparagraph (B), by striking ``$240'' and ``$70'' 
     and inserting ``$245'' and ``$71'', respectively;
       (3) in subparagraph (C), by striking ``$94'' and ``$70'' 
     and inserting ``$96'' and ``$71'', respectively;
       (4) in subparagraph (D), by striking ``$112'' and inserting 
     ``$114'';
       (5) in subparagraph (E), by striking ``$265'' and inserting 
     ``$271''; and
       (6) in subparagraph (F), by striking ``$222'' and inserting 
     ``$227''.
       (c) Clothing Allowance for Certain Disabled Veterans.--
     Section 1162 of such title is amended by striking ``$662'' 
     and inserting ``$677''.
       (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 ``$1,067'' and inserting 
     ``$1,091''; and
       (B) in paragraph (2), by striking ``$228'' and inserting 
     ``$233''.
       (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..........................................            $1,091  W-4............................          $1,305
E-2..........................................            $1,091  O-1............................          $1,153
E-3..........................................            $1,091  O-2............................          $1,191
E-4..........................................            $1,091  O-3............................          $1,274
E-5..........................................            $1,091  O-4............................          $1,349
E-6..........................................            $1,091  O-5............................          $1,485
E-7..........................................            $1,129  O-6............................          $1,674
E-8..........................................            $1,191  O-7............................          $1,808
E-9..........................................          1 $1,242  O-8............................          $1,985
W-1..........................................            $1,153  O-9............................          $2,123
W-2..........................................            $1,198  O-10...........................        2 $2,328

[[Page H7908]]

 
W-3..........................................            $1,234
----------------------------------------------------------------------------------------------------------------
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
  $1,342.
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 $2,499.''

       (3) Additional dic for children or disability.--Section 
     1311 of such title is amended--
       (A) in subsection (b), by striking ``$265'' and inserting 
     ``$271'';
       (B) in subsection (c), by striking ``$265'' and inserting 
     ``$271''; and
       (C) in subsection (d), by striking ``$126'' and inserting 
     ``$128''.
       (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 ``$452'' and inserting 
     ``$462'';
       (B) in paragraph (2), by striking ``$649'' and inserting 
     ``$663'';
       (C) in paragraph (3), by striking ``$846'' and inserting 
     ``$865''; and
       (D) in paragraph (4), by striking ``$846'' and ``$162'' and 
     inserting ``$865'' and ``$165'', respectively.
       (2) Supplemental dic for certain children.--Section 1314 of 
     such title is amended--
       (A) in subsection (a), by striking ``$265'' and inserting 
     ``$271'';
       (B) in subsection (b), by striking ``$452'' and inserting 
     ``$462''; and
       (C) in subsection (c), by striking ``$225'' and inserting 
     ``$230''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on December 1, 2007.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Kansas (Mr. Moran) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this Veterans Compensation Cost-of-
Living Adjustment Act of 2008, and I want to especially thank 
Congressman Ciro Rodriguez of Texas for his sponsorship of the House 
bill, which was H.R. 5826.
  I am pleased that we are here today working with the Senate to get 
the bill passed. After passage here today, the bill goes directly to 
the White House for the President's signature, and this will ensure 
that our veterans will not be delayed in getting their cost-of-living 
adjustment.
  Since 1976, Congress has passed a measure to direct the Secretary of 
Veterans Affairs to increase the rates of basic compensation for 
disabled veterans and the rates of dependency and indemnity 
compensation, referred to as DIC, to their survivors and dependents, 
along with other benefits, in order to keep pace with the rising cost 
of living.
  This disability COLA would become effective on December 1 of this 
year and will be equal to that provided on an annual basis to Social 
Security recipients. It will benefit over 3 million disabled veterans 
from the World War I era through the current conflicts in Iraq and 
Afghanistan that VA estimates will be receiving this compensation in FY 
09. It will also help over 300,000 of their survivors during the same 
period.
  Many of the 3.5 million recipients of these benefits depend upon 
these tax-free payments not only to provide for their own basic needs, 
but those of their spouses and their children and often parents as 
well. Without an annual COLA, these veterans and their families would 
see the value of their hard-earned benefits slowly erode. We would be 
derelict in our duty as a Congress if we failed to guarantee that those 
who sacrificed so much for this country received benefits and services 
that keep pace with their necessities. The veterans compensation COLA 
is included in the CBO baseline, which means in English that we have 
already paid for this COLA.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MORAN of Kansas. Mr. Speaker, I am a supporter of S. 2617, the 
Veterans Compensation Cost-of-Living Adjustment Act of 2008. On May 21 
of this year, the House of Representatives passed H.R. 5826, the 
Veterans Compensation Cost-of-Living Act of 2008, introduced by our 
colleague, the gentleman from Texas, Mr. Rodriguez.
  The legislation before us today is the Senate companion to that bill. 
It would increase, effective December 1, 2008, 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.
  I would like to thank the gentleman from California, the chairman, 
Mr. Filner, and the ranking member, the gentleman from Indiana, Mr. 
Buyer, for bringing this bill to the floor in a timely manner, and 
acknowledge the efforts by our colleagues, the Chairman of the 
Subcommittee, Mr. Hall, and the ranking member, Mr. Lamborn, for their 
work and leadership on improving benefits for our veterans.
  The legislation before us is an important annual authorization which 
provides our Nation's veterans with a timely increase in their 
compensation later this year. It was requested by the Bush 
administration, and the House passage today will send this bill to the 
President to be signed into law.
  Mr. Speaker, I encourage my colleagues to support this bill.
  I reserve the balance of my time.
  Mr. FILNER. Mr. Speaker, I yield 2 minutes to the sponsor of the 
House version of the bill, the gentleman from Texas (Mr. Rodriguez).
  Mr. RODRIGUEZ. Mr. Speaker, I thank the gentleman for this 
opportunity to speak regarding S. 2617. Thank you, Chairman Filner, for 
your leadership, and also Chairman Hall, the ranking minority member, 
Mr. Buyer, and Mr. Moran. Thank you very much.
  As a sponsor of H.R. 5826, the House version of this important piece 
of legislation, I am extremely proud to have had the opportunity to be 
here today. The House unanimously passed this bill on the 21st of May 
earlier this year.
  We are all keenly aware of the burden our current economy places upon 
American families and the situation that we find ourselves in now with 
the economy. These same difficulties are magnified with our veterans 
and their families who rely on disability compensation provided through 
the Senate bill, S. 2617, the Veterans Compensation Cost-of-Living 
Adjustment Act of 2008. It seeks to address these challenges by 
increasing the compensation rates in line with the Consumer Price Index 
for the Social Security COLA.
  We now have an opportunity to send a bill to the President that will 
have a direct impact on countless veterans, over 3 million, and also 
their survivors and families.
  Thank you for allowing me the opportunity to speak today during 
consideration of S. 2617, the companion bill to H.R. 5826. I ask for 
its support by the House.
  Mr. BUYER. Mr. Speaker, I rise today in support of S. 2617, the 
Veterans' Compensation Cost-of-Living Adjustment Act of 2008.
  Each year, the House and Senate Committees on Veterans' Affairs bring 
before Congress legislation to adjust the compensation our veterans 
receive through the cost-of-living adjustment. Our Nation's veterans 
have sacrificed so much for this country, and we fulfill our obligation 
to them by providing this annual adjustment to their benefits to help 
them keep up with the cost-of-living. The House already passed H.R. 
5826 on May 21, 2008. The bill before us is the Senate version of that 
same bill.
  Mr. Speaker, this legislation will provide our veterans an increase 
in their wartime disability compensation, additional compensation for 
benefits, clothing allowance, dependency and indemnity compensation to 
surviving spouses, and dependency and indemnity compensation to 
children. This is an important ``must-pass'' bill, which will ensure 
our veterans receive the increase to their benefits on time.

[[Page H7909]]

  I would like to thank Chairman Filner, as well as Disability and 
Memorial Affairs Subcommittee Chairman John Hall, and Ranking Member 
Doug Lamborn for their efforts to bring this bill to the House floor in 
an expeditious manner. Our action on this bill today will be the final 
action before the bill is presented to the President for signature, and 
I encourage all my colleagues to support passage of S. 2617, the 
Veterans' Compensation Cost-of-Living Adjustment Act of 2008.
  Mr. HALL of New York. Mr. Speaker, I rise, today in support of S. 
2617, the Veterans' Compensation Cost-of-Living Adjustment Act. With 
today's military and veteran community facing increasing deployments, a 
struggling economy, rising gas prices, and other hardships that 
together create tough financial situations, this legislation could not 
have come at a better time.
  For many of our Nation's veterans and their families, these payments 
are a necessity in order to make ends meet. They provide for veterans 
with service-connected disabilities and the survivors of certain 
disabled veterans. Specifically, this COLA increase will boost wartime 
disability compensation, additional compensation for benefits, and even 
things such as clothing allowances.
  Again, in these increasingly tough times, we cannot allow rising 
costs to strip our brave veterans of this crucial resource. For those 
who have done so much by sacrificing mind, body, and family in service 
of this Nation, this COLA is the least we can do to honor their 
sacrifices.
  I commend Senator Akaka for his hard work passing this crucially 
needed legislation through the Senate, and urge my colleagues to pass 
this in the House with equal success.
  Mr. MORAN of Kansas. Mr. Speaker, I yield back the balance of my 
time.


                             General Leave

  Mr. FILNER. Mr. Speaker, I would ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on S. 2617.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. FILNER. Mr. Speaker, I urge my colleagues to unanimously support 
it and yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the Senate bill, S. 2617.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. FILNER. 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.

                          ____________________