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] ...
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:
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