[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

118 STAT. 1705

Public Law 108-363
108th Congress

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. NOTE: Oct. 25, 2004 -  [H.R. 4175]

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 2004.

SECTION 1. SHORT TITLE. NOTE: 38 USC 101 note.

This Act may be cited as the ``Veterans' Compensation Cost-of-Living
Adjustment Act of 2004''.

SEC. 2. INCREASE NOTE: 38 USC 1114 note. IN RATES OF DISABILITY
COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION

(a) Rate Adjustment.--The NOTE: Effective date. 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 sections 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) NOTE: Effective date. 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


[[Page 1706]]
118 STAT. 1706

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. NOTE: Federal Register, publication. 38 USC 1114
note. 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.

Approved October 25, 2004.

LEGISLATIVE HISTORY--H.R. 4175 (S. 2483):
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HOUSE REPORTS: No. 108-524 (Comm. on Veterans' Affairs).
SENATE REPORTS: No. 108-351 accompanying S. 2483 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 20, 22, considered and passed House.
Oct. 5, considered and passed Senate, amended, in lieu of S.
2483.
Oct. 8, House concurred in Senate amendment.