[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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 3550]]
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 3551]]
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 3552]]
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.