[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[Senate]
[Pages 17058-17060]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 897, S. 2617.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2617) to 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.

  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:

     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.

[[Page 17059]]

       (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
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.
         Amend the title so as to read: ``A Bill to amend title 
     38, United States Code, to codify increases 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 that were 
     effective as of December 1, 2007, to provide for an increase 
     in the rates of such compensation effective December 1, 2008, 
     and for other purposes.''.

  Mr. AKAKA. As chairman of the Senate Committee on Veterans' Affairs, 
I note my strong support for Senate passage of S. 2617, the proposed 
Veterans' Compensation Cost-of-Living Adjustment Act of 2008. This 
measure, which I introduced earlier this year and which the Committee 
on Veterans' Affairs reported on July 24, would direct the Secretary of 
Veterans' Affairs to increase, effective December 1, 2008, the rates of 
veterans' disability compensation to keep pace with the rising cost of 
living. The rate adjustment would be equal to that provided to Social 
Security recipients, based on the Bureau of Labor Statistics' Consumer 
Price Index.

[[Page 17060]]

  Congress regularly enacts an annual cost-of-living adjustment, COLA, 
for veterans' compensation in order to ensure that inflation does not 
erode the purchasing power of the veterans and their families who 
depend upon this income to meet their needs. This past year Congress 
passed, and the President signed into law, Public Law 110-111, which 
resulted in a COLA increase of 2.3 percent for 2008. At this time, the 
Congressional Budget Office estimates that the cost-of-living 
adjustment for 2009 will be 2.8 percent.
  The COLA affects, among other benefits, veterans' disability 
compensation and dependency and indemnity compensation for surviving 
spouses and children. According to the latest figures from VA, there 
are 2.8 million veterans currently receiving compensation for 
disabilities incurred in the line of duty, as well as over 316,000 
surviving spouses of veterans receiving dependency and indemnity 
compensation. Current U.S. military deployments in Iraq and Afghanistan 
will ensure that there will be new recipients of these benefits in the 
coming years. The brave men and women who voluntarily put themselves in 
harm's way to keep our country safe need to be certain that we will 
fulfill our responsibility to ensure that those who are injured during 
service are provided with the help they need to provide for their 
families' economic security.
  Many of the more than 3 million recipients of these VA benefits 
depend upon these tax-free payments not only to provide for their own 
basic needs but those of their spouses, children and parents as well. 
Without an annual COLA increase, these veterans and their families 
would see the value of their hard-earned benefits slowly dwindle, and 
we, as a Congress, would have neglected our duty to ensure that those 
who sacrificed so much for this country receive the benefits and 
services to which they are entitled.
  I urge all of our colleagues to support passage of this COLA increase 
and for their continued support for our Nation's veterans.
  Mr. PRYOR. Mr. President, I ask unanimous consent that the committee 
substitute amendment be agreed to, the bill, as amended, be read the 
third time and passed, 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. 2617), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The title amendment was agreed to.

                          ____________________