[110th Congress Public Law 324]
[From the U.S. Government Printing Office]


[DOCID: f:publ324.110]

[[Page 122 STAT. 3549]]

Public Law 110-324
110th Congress

                                 An Act


 
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. <<NOTE: Sept. 24, 2008 -  [S. 
                                2617]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Veterans' 
Compensation Cost-of-Living Adjustment Act of 2008.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Compensation Cost-of-Living 
Adjustment Act <<NOTE: 38 USC 101 note.>> of 2008''.
SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND 
                    DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Rate <<NOTE: Effective date. 38 USC 1114 note.>> 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)).

[[Page 122 STAT. 3550]]

            (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 <<NOTE: 38 USC 1114 note.>> 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 <<NOTE: Federal Register, publication. Deadline. 38 
USC 1114 note.>> 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

[[Page 122 STAT. 3551]]

            (17) in subsection (s), by striking ``$2,766'' and inserting 
        ``$2,829''.

    (b) Additional Compensation for Dependents.--Section 1115(1) of such 
title <<NOTE: 38 USC 1115.>> 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..........................................           $1,2421  O-8............................          $1,985
W-1..........................................            $1,153  O-9............................          $2,123
W-2..........................................            $1,198  O-10...........................         $2,3282
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--

[[Page 122 STAT. 3552]]

                    (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 <<NOTE: 38 USC 1313.>> 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 <<NOTE: 38 USC 1114 note.>> Date.--The amendments made 
by this section shall take effect on December 1, 2007.

    Approved September 24, 2008.

LEGISLATIVE HISTORY--S. 2617 (H.R. 5826):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-643 accompanying H.R. 5826 (Comm. on Veterans' 
Affairs).
SENATE REPORTS: No. 110-430 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            July 30, considered and passed Senate.
            Sept. 9, 10, considered and passed House.

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