[Congressional Record Volume 155, Number 86 (Wednesday, June 10, 2009)]
[Senate]
[Pages S6476-S6477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2009

  Mr. BEGICH. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 70, S. 407.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 407) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Veterans' Affairs, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

                                 S. 407

       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.]

     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

[[Page S6477]]

     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$1,314  O-8..........................             $2,100
W-1........................................             $1,219  O-9..........................             $2,246
W-2........................................             $1,267  O-10.........................            2$2,463
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.

  Mr. BEGICH. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to, the bill, as 
amended, be read a third time and passed; that the committee-reported 
title amendment be agreed to, the motions to reconsider be laid upon 
the table, with no intervening action or debate, and any statements 
related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 407), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The title amendment was agreed to, as follows:

       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.

                          ____________________