[Congressional Record (Bound Edition), Volume 148 (2002), Part 14]
[House]
[Pages 19360-19363]
[From the U.S. Government Publishing Office, www.gpo.gov]




      VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2002

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
concur in the Senate amendments to the bill (H.R. 4085) to amend title 
38, United States Code, to provide a cost-of-living increase in the 
rates of compensation for veterans with service-connected disability 
and dependency and indemnity compensation for surviving spouses of such 
veterans, to expand certain benefits for veterans and their survivors, 
and for other purposes.
  The Clerk read as follows:

       Senate amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Compensation Cost-
     of-Living Adjustment Act of 2002''.

     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, 2002, 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, 2002.
       (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, 2002, 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 2003, 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.

       Amend the title so as to read: ``An Act to increase, 
     effective as of December 1, 2002, 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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from Illinois (Mr. Evans) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, H.R. 4085, the Veterans' Compensation Cost of Living 
Adjustment Act of 2002, will provide a cost of living adjustment to 
disabled veterans and surviving spouses. The amount of the increase 
will be calculated using the same percentage applicable to Social 
Security benefits. The percentage amount should be announced later on 
this week and will be around 1.5 to 2 percent. Upon enactment of this 
vital legislation, all veterans or qualified survivors of veterans who 
receive disability compensation payments will receive the COLA 
effective December 1 of this year.
  Mr. Speaker, the House originally passed this COLA legislation back 
in May with a number of other very important provisions. On September 
26, however, the Senate struck out those

[[Page 19361]]

other provisions and sent us back the bill that is before us today. 
While I am urging my colleagues to support H.R. 4085, as amended, I 
want to assure them that we are continuing to work with our colleagues 
in the other body to reach agreement on these other vital provisions.
  Specifically, those provisions would:
  Authorize dependency and indemnity compensation benefits for the 
surviving spouse of a veteran who remarries after attaining the age of 
65. These surviving spouses would also be eligible for supplemental VA-
sponsored health coverage, education, and housing loan benefits to the 
same extent as if they had not remarried.
  We also saw a provision stripped out that we again will seek to find 
another home that reduced the home loan fee charges qualifying members 
of the Selected Reserve to the same level charged active-duty veterans.
  We also had a provision dealing with increased veterans' mortgage 
life insurance coverage from $90,000 to $150,000; and authorized 
veterans over the age of 70 to continue coverage under the veterans' 
mortgage life insurance.
  The House bill, Mr. Speaker, also contained a provision to authorize 
funding for State-approving agencies, the entities that are responsible 
for certifying schools' eligibility for participation in the Montgomery 
GI Bill for the next 3 years. Because of the urgency of continuing 
their funding, following consideration of H.R. 4085, we will shortly 
take up legislation that provides a 1-year authorization.
  Mr. Speaker, as this session draws to a close, I am hopeful that we 
will see action completed on these and a number of important veterans 
measures that the House has passed, but that have not been acted on by 
the other body. Among the House bills still pending in the other body 
are:
  Number one, H.R. 3253, the Department of Veterans Affairs Emergency 
Preparedness Act of 2002, which would expand the Department of VA's 
role in homeland security, creating new research centers to counter 
biological, chemical, and radiological terrorism. H.R. 3253 originally 
passed the House on May 20 and was subsequently amended and approved by 
the Senate on August 1. After intensive negotiations with our 
colleagues in the Senate, a compromise agreement was reached by both 
sides, and the House agreed to the compromise version on September 17. 
We are now awaiting action by the Senate on this legislation.
  Number two, H.R. 3645, the Veterans Health Care and Procurement 
Improvement Act of 2002 passed the House on July 22, which would reform 
VA health care procurement practices, expand access to VA health care 
services to Filipino veterans, World War II veterans, and provide 
additional dental services to former POWs.
  Number three, H.R. 4015, the Jobs for Veterans Act, passed the House 
on May 21 and would reform veterans job training and placement programs 
in the Department of Labor through a new system of incentives and 
accountability.
  Number four, H.R. 3423 would reform eligibility for burial at 
Arlington National Cemetery and was passed by the House on December 20 
of last year. This legislation makes a couple of commonsense changes to 
recognize that reservists who die in the line of duty or who would 
qualify for burial but for their age at death, deserve the honor of an 
Arlington burial should they and their families so choose.
  Number five, H.R. 4940, the Arlington National Cemetery Burial 
Eligibility Act, passed the House on July 22nd. This is the third time 
that the House has approved a comprehensive review and overhaul of 
Arlington's rules, and we will continue to work with our colleagues in 
the other body on this major legislation.
  Number six, H.R. 5055, legislation to authorize a memorial marker in 
Arlington National Cemetery honoring veterans who fought in the Battle 
of the Bulge. That passed on July 22 as well. We have a preliminary 
agreement with our Senate colleagues on this and look forward to 
working with them and taking final action on that before this session 
closes sine die.
  Number seven, H.R. 811, the Veterans Hospital Emergency Repair Act, 
which passed the House on March 27, 2001, and H.R. 4514, the Veterans 
Major Medical Facilities Construction Act of 2002, which passed the 
House on May 21, are both extremely important pieces of legislation 
designed to protect and preserve the invaluable infrastructure of the 
Veterans Health Administration. For the past several years, VA's 
construction programs have been seriously underfunded. It is imperative 
that we take action, prompt action, to ensure that hospitals, clinics, 
research centers, and other VA medical centers are properly maintained 
and modernized when necessary.
  Mr. Speaker, there is still much more important work that we hope to 
accomplish in the waning days of the 107th Congress. There is already 
much that has been accomplished. Major new laws were enacted to 
substantially improve the GI Bill, reinvigorate our Nation's efforts to 
end homelessness among veterans, to better compensate service-connected 
veterans and their survivors, as well as dramatically increase funding 
for veterans health care services. This has indeed been a highly-
productive year for veterans legislation in the House, and I salute all 
of my colleagues on both sides of the aisle for their assistance and 
their cooperation and for working as a team on behalf of our Nation's 
veterans.
  Mr. Speaker, I reserve the balance of my time.
  Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4085. This measure 
provides a cost-of-living increase for our Nation's veterans. It will 
assure our Nation's veterans that the value of their benefits will not 
be reduced due to cost-of-living increases. I want to start out by 
thanking the gentleman from New Jersey (Mr. Smith) for his leadership 
on this bill, as well as many other bills during the session that he 
alluded to.
  I also want to thank the gentleman from Idaho (Mr. Simpson), the 
chairman of the Subcommittee on Benefits, and the gentleman from Texas 
(Mr. Reyes), the ranking democratic member of the subcommittee, for 
their support of this legislation. This bill deserves the support of 
every Member of this body, and I urge my colleagues to vote for this 
legislation.
  Mr. Speaker, I also rise today to publicly thank a member of the 
committee's Democratic staff for her exceptional service to our 
Nation's veterans. Beth Kilker, executive assistant to the Subcommittee 
on Benefits, will be retiring this December after almost 25 years of 
outstanding service to the House Committee on Veterans' Affairs and our 
Nation's veterans.
  Beth began her career working for the FBI. After working for the FBI 
and the House Select Committee on Assassinations, Beth joined the 
committee staff in March of 1978 as a staff assistant. She has been a 
dedicated and effective advocate for our veterans and their families. 
She is highly respected by veterans' service organizations as well as 
employees of the Departments of Veterans Affairs, Labor and Defense. 
Everybody Beth has worked for has become her friend. Committee members 
will miss Beth's helpfulness, her smile, and her sense of humor as 
well. Our Nation's veterans will be hurt by losing her presence and the 
diligent efforts she has made to resolve problems and to bring problems 
to the attention of VA officials. I want to thank her for her years of 
great service and her many acts of kindness. Beth, we will miss you 
deeply and sorrowfully, and we thank you for the years of service you 
have given to this country.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may 
consume to the gentleman from New York (Mr. GILMAN).

                              {time}  1800

  Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  Mr. Speaker, I want to commend our chairman of the Committee on 
Veterans' Affairs, the gentleman from New Jersey (Mr. Smith), for his 
wonderful, diligent work on behalf of our veterans throughout our 
Nation. They have had a great deal of reduction of benefits, of

[[Page 19362]]

health care, and our chairman has been continually keeping a lookout 
for whatever he can do to be of assistance to our veterans. He deserves 
the adulation of all of us for what he is doing.
  Mr. Speaker, I am pleased to rise in support of H.R. 4085. It 
provides effective cost-of-living adjustments for the rates of our 
disability compensation for veterans with service-connected 
disabilities and to the rates of dependency and indemnity compensation 
for survivors of certain service-connected disabled veterans. That 
percentage amount is going to be equal to the increase for benefits 
provided under the Social Security Act, something that is long overdue. 
It certainly will provide the kind of assistance that is sorely needed 
by veterans throughout our Nation.
  I want to thank our chairman once again for watching over our 
veterans in his committee and for doing whatever is needed.
  Mr. EVANS. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from 
California (Mr. Filner).
  Mr. FILNER. Mr. Speaker, I see the gentleman from New York (Mr. 
Gilman) leaving. He has thanked all the members of the Committee on 
Veterans' Affairs.
  The gentleman from New York has been basically a de facto member of 
this committee for so long. He has been here for every piece of 
legislation and has supported our veterans. Not only is the Committee 
on International Relations going to miss him, but we are going to miss 
him very much when he retires.
  I thank the gentleman very so much on behalf of the Nation's 
veterans.
  Mr. GILMAN. Mr. Speaker, will the gentleman yield?
  Mr. FILNER. I yield to the gentleman from New York.
  Mr. GILMAN. Mr. Speaker, I thank the gentleman for his kind remarks.
  Mr. FILNER. Mr. Speaker, I thank the chairman also for his leadership 
of the committee and thank the ranking member, the gentleman from 
Illinois, Mr. Evans.
  As we have listed all the bills we have passed and the Senate has 
not, it is very disheartening. Maybe we all need to march over there as 
a group. Anyway, whatever support the chairman needs for getting some 
action, I am sure all of us on both sides of the aisle would be willing 
to join him, because he has led us through this whole year in a very 
incredibly effective way. We need to finish this year with some 
positive legislation, so please call on us if we can help in any way.
  Mr. Speaker, clearly the Veterans' Compensation Cost-of-Living 
Adjustment Act is a very important piece of legislation. It is to make 
sure that our veterans who are receiving service-connected compensation 
benefits and their survivors who are receiving dependency and indemnity 
compensation do not fall further behind in their compensation. It will 
have the same percentage as the increase in benefits paid to Social 
Security beneficiaries.
  Mr. Speaker, we know that ever since September 11 we have been 
especially grateful to our veterans and our public safety officers for 
their contributions to this Nation, contributions that make it possible 
for us to live and work in our democracy; but certainly this is 
something that we have to follow through on, not only just as we recall 
September 11. When they have become disabled in their service to our 
Nation, it is our obligation to provide for these men and women when 
they have fulfilled their military duty.
  It is important and vital that we continue to provide incentives for 
new recruits to our Armed Forces. We must let young men and women know 
that they, too, will be noticed, their dedication will be provided for, 
and a grateful Nation will not forget them.
  The cost of housing, food, health care, all the basics of living are 
increasing, so an annual cost-of-living increase for our veterans is 
critically needed and one important way we can demonstrate our support 
and our thanks. Let us all vote for H.R. 4085.
  Mr. Speaker, I would like to add my thanks to the thanks of the 
gentleman from Illinois (Mr. Evans) to Beth, Beth Kilker, who is 
retiring. She has served, of course, as the executive assistant for our 
Subcommittee on Benefits, has kept us all in line and has kept us all 
moving and kept us all in good humor. She knew when to make sure we got 
all our work done, and she rewarded us with chocolates, sometimes, or 
other benefits.
  Mr. Speaker, I would like to again thank Ms. Kilker for her service. 
I have heard the words ``dedicated'' and ``effective,'' and I think 
that summarizes it. She has worked for veterans in the years that she 
has been with our committee. All the veterans of our Nation can join in 
thanking her for her effective service. I thank Beth Kilker.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I want to join my colleagues, the gentleman from 
Illinois (Mr. Evans) and the gentleman from California (Mr. Filner), 
and really the entire committee on both sides of the aisle, in praising 
the long and distinguished service of Beth Kilker, Elizabeth Kilker.
  Elizabeth Kilker has served with the committee for almost 25 years. I 
have been on the committee for 22 years, Mr. Speaker. I have known her. 
I have admired her. She is always a positive force. She has worked with 
chairmen and ranking members from Texas, Mississippi, Arizona, 
Arkansas, Illinois, and now New Jersey.
  Throughout these years she has been extraordinarily helpful, 
effective, and always positive, perhaps something she learned at 
Immaculate Heart Academy in Girardville, Pennsylvania. But she 
certainly has brought a real sense of class, distinction and is, as I 
said, a very, very effective person.
  The committee has not just been blessed, but the veterans themselves 
have been blessed. They have been enriched by her service, they will 
miss her, and may God bless everything that she does going forward.
  Mr. UDALL of New Mexico. Mr. Speaker, I rise today in support of the 
passage of H.R. 4085, the Veterans' Compensation Cost-of-Living 
Adjustment Act of 2002. I am proud to be a co-sponsor of this very 
important legislation.
  Throughout the history of our great nation, the members of the U.S. 
Armed Forces have risen to the challenge of defending our democracy and 
freedom. However, in retirement and in periods of disability, these 
brave men, women, or their surviving spouses, frequently face a new 
challenge--the monthly struggle to make ends meet.
  H.R. 4085 will help alleviate these monetary concerns through a cost 
of living increase in all veterans' benefits, and will provide a 
greater sense of financial security to spouses that survive the veteran 
into their older years.
  I believe that we must continue to show our well-deserved respect and 
gratitude to the retired and disabled members of our military forces, 
and appropriately compensate them and their loved ones for their 
sacrifices. Accordingly, I would like to reiterate my support for the 
passage of this important bill.
  Mr. REYES. Mr. Speaker, I rise today in support of H.R. 4085, the 
Veterans' and Survivors' Benefits Expansion Act of 2002, of which I am 
an original cosponsor. This bill increases the rates, through a cost-
of-living adjustment (COLA), of veterans' disability compensation for 
dependants, the clothing allowance for certain disabled adult children, 
and dependency and indemnity compensation (DIC) for surviving spouses 
and children. This bill would rightly allow veterans and survivors to 
receive the same percentage increase in benefits as are paid to Social 
Security beneficiaries.
  I would like to thank the distinguished Chairman of our Committee, 
Mr. Christopher Smith, as well as the distinguished Ranking Member, Mr. 
Lane Evans, for their hard work in bringing this bill to the floor.
  Mr. Speaker, I would also like to take this opportunity to recognize 
the service of Ms. Beth Kilker. Beth has been a hardworking member of 
the House Veterans' Affairs Committee staff for over 20 years. I would 
like to wish her the best on her retirement and congratulate her for 
all of her outstanding contributions to the Committee.
  Mr. GILMAN. Mr. Speaker, I would like to congratulate our colleague 
the distinguished chairman of our Veterans Committee, the gentleman 
from New Jersey Representative Smith on H.R. 4085 and the outstanding 
work he has done in our Veterans Committee. This bill provides a cost-
of-living adjustment to the rates of disability compensation for 
veterans with service-connected disabilities and to the

[[Page 19363]]

rates of dependency and indemnity compensation for survivors of certain 
service-connected disabled veterans. The percentage amount will be 
equal to the increase for benefits provided under the Social Security 
Act, which is calculated based upon changes in the Consumer Price 
Index.
  The Secretary of Veterans Affairs shall increase the dollar amounts 
in effect for the payment of disability compensation and dependency and 
indemnity compensation by the Secretary.
  This bill allows additional compensation for dependents, clothing 
allowance, new Disability Indemnity and Compensation (DIC) rates for 
surviving spouses with minor children, additional DIC for disability 
and for dependent children.
  The Secretary is required to adjust administratively, consistent with 
the increases made, the rates of disability compensation payable to 
persons who are not in receipt of compensation payable pursuant to 
chapter 11.
  Our Veterans Committee is commended for recognizing this need for 
benefits for our veterans and I urge its adoption.
  Mr. EVANS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Calvert). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and concur in the Senate amendments to the bill, H.R. 
4085.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendments were 
concurred in.
  A motion to reconsider was laid on the table.

                          ____________________