[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[House]
[Pages 15901-15903]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 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.

     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

[[Page 15902]]

       (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:


------------------------------------------------------------------------
                                  Monthly                       Monthly
          ``Pay grade               rate        Pay grade         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
------------------------------------------------------------------------
 1If 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.
2If 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Mr. Speaker, this is the last week before the July 4 
break, and we have a series of bills to suitably commemorate July 4 
with bills that will really aid our veterans who have made July 4 
possible.
  I rise in support of the Veterans' Compensation Cost-of-Living 
Adjustment Act of 2009, S. 407, which is a companion to the House bill, 
H.R. 1533, which was introduced by one of our new members on the 
Committee on Veterans' Affairs and sure to be one of our body's most 
productive members, Mrs. Kirkpatrick of Arizona. I thank the gentlelady 
for her leadership on this important bill.
  The House leadership demonstrated its commitment to our Nation's 
veterans, their families, and their survivors by getting this bill to 
the floor, after reporting from the Committee on Veterans' Affairs, and 
by getting this companion bill, sponsored by Senator Akaka, to the 
floor shortly after receipt in the House.
  As it has done every year since 1976, Congress, with the passage of 
this measure, directs the Secretary of Veterans' Affairs to increase 
the rates of basic compensation for disabled veterans and the rates of 
dependency and indemnity compensation, 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. Last year, the COLA was set at 5.8 percent, an 
increase we all agree was direly needed, as the financial crush of the 
recession closed in on many of our disabled veterans' households.
  While it is likely to be a lesser percentage of an increase this 
year, the measure will now move to the President's desk for his 
signature. Enactment ensures that veterans get a matching increase to 
the Social Security COLA on that date.
  Mr. Speaker, this bill will benefit each of the nearly 3 million 
disabled veterans and their survivors, whether they are from the World 
War I era through the current conflicts in Iraq and Afghanistan.
  We would be derelict in our duty if we failed to guarantee that those 
who sacrificed so much for this country receive benefits and services 
that keep pace with their needs. We fund the war; let's make sure that 
we fund the warrior and his or her families and their survivors.
  I urge my colleagues to support passage of the Veterans' Compensation 
Cost-of-Living Adjustment Act, S. 407, without delay.
  I reserve the balance of my time.
  Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
  I agree with the chairman in the sense that this is the perfect time 
of the year to bring these bills forward. These are excellent bills 
that will help our veterans, and I rise in strong support of S. 407, 
the Veterans' Compensation Cost-of-Living Act of 2009.
  I would like to thank my House colleagues, Mr. Hall of New York, 
chairman of the Disability Assistance and Memorial Affairs 
Subcommittee, and the gentleman from Colorado (Mr. Lamborn), the 
ranking Republican on the subcommittee, as well as the House bill's 
sponsor, Mrs. Kirkpatrick of Arizona, for their leadership on H.R. 1533 
which passed on March 30, 2009.
  Mr. Speaker, S. 407 would 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. The COLA adjustment 
includes veterans' disability compensation, additional compensation for 
dependents, clothing allowance dependency, and indemnity compensation 
to surviving spouses and children.

[[Page 15903]]

  Mr. Speaker, this is an important annual authorization which provides 
much-needed assistance to our Nation's veterans, and I encourage all of 
my colleagues to support the bill.

                              {time}  1215

  Again, Mr. Speaker, I would like to thank the Subcommittee on 
Disability Assistance and Memorial Affairs Chairman John Hall and 
Ranking Member Doug Lamborn on these issues. I would also like to thank 
Committee Chairman Bob Filner and Ranking Member Steve Buyer for moving 
this bill forward for consideration.
  I urge my colleagues to support S. 407 and yield back the balance of 
my time.


                             General Leave

  Mr. FILNER. Mr. Speaker, I 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. 407.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of S. 
407; with all good intended purpose, this bill will increase the rates 
of compensation for veterans with service-connected disabilities and 
rates of dependency indemnity compensation, DIC, for the survivors of 
certain disabled veterans. It will also increase of the Cost of Living 
Allowance, COLA. At this time, I would like to thank my good friend 
Senator Daniel Akaka, Chairman of the Senate Veterans Affairs Committee 
and majority ranking members for introducing this bill as well as the 
Committee Minority Member Senator Richard Burr who is the original 
cosponsor, so are Committee Members John D. Rockefeller IV, Patty 
Murray, Bernard Sanders, Sherrod Brown, Jim Webb, Jon Tester, Mark 
Begich, Roland Burris, Arlen Specter, Johnny Isakson, Roger F. Wicker, 
Mike Johanns, Lindsey Graham, Senators Frank R. Lautenberg, Blanche 
Lincoln, and Olympia J. Snowe.
  Mr. Speaker, this very important legislation could not have come at a 
time then it is most critical to address the needs of service-connected 
disabled veterans and survivors during these challenging economic times 
in our country. The testimonies offered by Bradley G. Mayes, Director, 
Compensation and Pension Service, Veterans Benefits Administration, 
Department of Veteran Affairs, etc., in the April 29, 2009 Committee 
hearing have further substantiated this measure and all voted in favor 
without dissent.
  This measure will also mandate an increase in the Cost of Living 
Allowance, COLA, for our disabled veterans and survivors.
  Mr. Speaker, it is very important that we take care of our veterans. 
According to VA, as set forth in its fiscal year 2010 budget, the 
department will provide disability compensation to 3,154,217 veterans 
with service-connected disabilities in fiscal year 2010. I am pleased 
with the undivided attention we give to this legislation which 
underscores how much we appreciate our veterans' selfless military 
service to protect our country and the freedom and liberty we enjoy.
  Again, I thank Senator Daniel Akaka and his Veterans Committee for 
this legislation and strongly urge my colleagues for their full 
support.
  Mr. FILNER. I urge my colleagues to unanimously support S. 407.
  I 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 bill, S. 407.
  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. BOOZMAN. 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.

                          ____________________