Home > 108th Congressional Bills > H.R. 4175 (rh) To increase, effective as of December 1, 2004, the rates of disability [Reported in House] ...

H.R. 4175 (rh) To increase, effective as of December 1, 2004, the rates of disability [Reported in House] ...


Google
 
Web GovRecords.org


108th CONGRESS
  2d Session
                                H. R. 4175


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 7, 2004

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
To increase, effective as of December 1, 2004, the rates of disability 
 compensation for veterans with service-connected disabilities and the 
rates of dependency and indemnity compensation for survivors of certain 
      service-connected disabled veterans, and for other purposes.

    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 ``Veterans' Compensation Cost-of-Living 
Adjustment Act of 2004''.

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, 2004, 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, 2004.
    (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, 2004, 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 2005, 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.

SEC. 4. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR.

    Section 1112(b)(3) of title 38, United States Code, is amended by 
adding at the end the following new subparagraph:
            ``(L) Osteoporosis.''.

SEC. 5. CODIFICATION OF COST-OF-LIVING ADJUSTMENT PROVIDED IN PUBLIC 
              LAW 108-47.

    (a) Veterans' Disability Compensation.--Section 1114 of title 38, 
United States Code, is amended--
            (1) by striking ``$104'' in subsection (a) and inserting 
        ``$106'';
            (2) by striking ``$201'' in subsection (b) and inserting 
        ``$205'';
            (3) by striking ``$310'' in subsection (c) and inserting 
        ``$316'';
            (4) by striking ``$445'' in subsection (d) and inserting 
        ``$454'';
            (5) by striking ``$633'' in subsection (e) and inserting 
        ``$646'';
            (6) by striking ``$801'' in subsection (f) and inserting 
        ``$817'';
            (7) by striking ``$1,008'' in subsection (g) and inserting 
        ``$1,029'';
            (8) by striking ``$1,171'' in subsection (h) and inserting 
        ``$1,195'';
            (9) by striking ``$1,317'' in subsection (i) and inserting 
        ``$1,344'';
            (10) by striking ``$2,193'' in subsection (j) and inserting 
        ``$2,239'';
            (11) in subsection (k)--
                    (A) by striking ``$81'' both places it appears and 
                inserting ``$82''; and
                    (B) by striking ``$2,728'' and ``$3,827'' and 
                inserting ``$2,785'' and ``$3,907'', respectively;
            (12) by striking ``$2,728'' in subsection (l) and inserting 
        ``$2,785'';
            (13) by striking ``$3,010'' in subsection (m) and inserting 
        ``$3,073'';
            (14) by striking ``$3,425'' in subsection (n) and inserting 
        ``$3,496'';
            (15) by striking ``$3,827'' each place it appears in 
        subsections (o) and (p) and inserting ``$3,907'';
            (16) by striking ``$1,643'' and ``$2,446'' in subsection 
        (r) and inserting ``$1,677'' and ``$2,497'', respectively; and
            (17) by striking ``$2,455'' in subsection (s) and inserting 
        ``$2,506''.
    (b) Additional Compensation for Dependents.--Section 1115(1) of 
such title is amended--
            (1) by striking ``$125'' in subparagraph (A) and inserting 
        ``$127'';
            (2) by striking ``$215'' and ``$64'' in subparagraph (B) 
        and inserting ``$219'' and ``$65'', respectively;
            (3) by striking ``$85'' and ``$64'' in subparagraph (C) and 
        inserting ``$86'' and ``$65'', respectively;
            (4) by striking ``$101'' in subparagraph (D) and inserting 
        ``$103'';
            (5) by striking ``$237'' in subparagraph (E) and inserting 
        ``$241''; and
            (6) by striking ``$198'' in subparagraph (F) and inserting 
        ``$202''.
    (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 
of such title is amended by striking ``$588'' and inserting ``$600''.
    (d) Dependency and Indemnity Compensation for Surviving Spouses.--
(1) Section 1311(a) of such title is amended--
            (A) by striking ``$948'' in paragraph (1) and inserting 
        ``$967''; and
            (B) by striking ``$204'' in paragraph (2) and inserting 
        ``$208''.
    (2) The table in section 1311(a)(3) of such title is amended to 
read as follows:

      

                                   Monthly                       Monthly
``Pay grade                           rate  Pay grade               rate
    E-1........................       $967      W-4..........     $1,157
    E-2........................       $967      O-1..........     $1,022
    E-3........................       $967      O-2..........     $1,056
    E-4........................       $967      O-3..........     $1,130
    E-5........................       $967      O-4..........     $1,195
    E-6........................       $967      O-5..........     $1,316
    E-7........................     $1,000      O-6..........     $1,483
    E-8........................     $1,056      O-7..........     $1,602
    E-9........................  $1,102\1\      O-8..........     $1,758
    W-1........................     $1,022      O-9..........     $1,881
    W-2........................     $1,063      O-10.........  $2,063\2\
    W-3........................     $1,094
 
``\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 $1,189.
``\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 $2,213.''.

    (3) Section 1311(b) of such title is amended by striking ``$237'' 
and inserting ``$241''.
    (4) Section 1311(c) of such title is amended by striking ``$237'' 
and inserting ``$241''.
    (5) Section 1311(d) of such title is amended by striking ``$113'' 
and inserting ``$115''.
    (e) Dependency and Indemnity Compensation for Children.--(1) 
Section 1313(a) of such title is amended--
            (A) by striking ``$402'' in paragraph (1) and inserting 
        ``$410'';
            (B) by striking ``$578'' in paragraph (2) and inserting 
        ``$590'';
            (C) by striking ``$752'' in paragraph (3) and inserting 
        ``$767''; and
            (D) by striking ``$752'' and ``$145'' in paragraph (4) and 
        inserting ``$767'' and ``$148'', respectively.
    (2) Section 1314 of such title is amended--
            (A) by striking ``$237'' in subsection (a) and inserting 
        ``$241'';
            (B) by striking ``$402'' in subsection (b) and inserting 
        ``$410''; and
            (C) by striking ``$201'' in subsection (c) and inserting 
        ``$205''.

            Passed the House of Representatives July 22, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Pages: 1

Other Popular 108th Congressional Bills Documents:

1 H.R. 4840 (rfs) To amend the Internal Revenue Code of 1986 to simplify the taxation of businesses. [Referred in Senate] ...
2 H.R. 506 (eh) To provide for the protection of archaeological sites in the Galisteo Basin in New Mexico, and for other purposes. [Engrossed in House] ...
3 H.R. 3182 (ih) To reauthorize the adoption incentive payments program under part E of title IV of the Social Security Act, and for other purposes. [Introduced in House] ...
4 S.Res. 184 (ats) Calling on the Government of the People's Republic of China immediately and unconditionally to release Dr. Yang Jianli, and for other purposes. [Agreed to Senate] ...
5 H.R. 2608 (enr) To reauthorize the National Earthquake Hazards Reduction Program, and for other purposes. [Enrolled bill] ...
6 H.R. 4283 (ih) To amend and extend the Higher Education Act of 1965. [Introduced in House] ...
7 S. 214 (rs) To designate Fort Bayard Historic District in the State of New Mexico as a National Historic Landmark, and for other purposes. [Reported in Senate] ...
8 S. 2973 (is) To clarify the applicability of State law to national banks, and for other purposes. [Introduced in Senate] ...
9 S.Res. 461 (ats) Designating the week beginning October 17, 2004, as ``National Character Counts Week''. [Agreed to Senate] ...
10 S.Res. 134 (ats) To authorize representation by the Senate Legal Counsel in Newdow v. Eagen, et al. [Agreed to Senate] ...
11 S. 2046 (is) To authorize the exchange of certain land in Everglades National Park. [Introduced in Senate] ...
12 H.R. 4600 (ih) To amend section 227 of the Communications Act of 1934 to clarify the prohibition on junk fax transmissions. [Introduced in House] ...
13 H.R. 2397 (ih) To designate a portion of the White Salmon River as a component of the National Wild and Scenic Rivers System. [Introduced in House] ...
14 H.R. 4177 (ih) To establish a Manufacturing and Technology Administration to promote and assist American manufacturers, to provide incentives to American manufacturers, and for other purposes. [Introduced in House] ...
15 S. 1848 (es) To amend the Bend Pine Nursery Land Conveyance Act to direct the Secretary of Agriculture to sell the Bend Pine Nursery Administrative Site in the State of Oregon. [Engrossed in Senate] ...
16 S. 1133 (is) To amend title 38, United States Code, to improve the authorities of [Introduced in Senate] ...
17 H.R. 2433 (ih) To amend title 38, United States Code, to authorize the Secretary of [Introduced in House] ...
18 H.R. 1284 (rh) To amend the Reclamation Projects Authorization and Adjustment Act of 1992 to increase the Federal share of the costs of the San Gabriel Basin demonstration project. [Reported in House] ...
19 S.Res. 336 (ats) Expressing the sense of the Senate that public servants should be commended for their dedication and continued service to the Nation during Public Service Recognition Week, May 3 through 9, 2004. [Agreed to Senate] ...
20 S. 1741 (is) To provide a site for the National Women's History Museum in the District of Columbia. [Introduced in Senate] ...
21 H.R. 4372 (rfs) To amend the Internal Revenue Code of 1986 to provide for the carryforward of $500 of unused benefits in cafeteria plans and flexible spending arrangements for dependent care assistance. [Referred in Senate] ...
22 S. 2656 (rfh) To establish a National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon. [Referred in House] ...
23 H.Con.Res. 105 (ih) Expressing the sense of Congress concerning support to members of the United States Armed Forces and allied military forces engaged in the war on terrorism and the war with Iraq. [Introduced in House] ...
24 H.R. 4363 (rh) To facilitate self-help housing homeownership opportunities. [Reported in House] ...
25 S. 1129 (is) To provide for the protection of unaccompanied alien children, and for other purposes. [Introduced in Senate] ...
26 H.R. 3313 (ih) To amend title 28, United States Code, to limit Federal court jurisdiction over questions under the Defense of Marriage Act. [Introduced in House] ...
27 S. 1541 (is) To aid dislocated workers and rebuild communities devastated by international trade, and for other purposes. [Introduced in Senate] ...
28 H.R. 3980 (rh) To establish a National Windstorm Impact Reduction Program. x x [Reported in House] ...
29 S.Con.Res. 133 (ats) Declaring genocide in Darfur, Sudan. [Agreed to Senate] ...
30 S. 2386 (rs) To authorize appropriations for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disabilit...


Other Documents:

108th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy