[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 407 Enrolled Bill (ENR)]
S.407
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
To amend title 38, United States Code, to provide for an increase,
effective December 1, 2009, 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,
to codify increases in the rates of such compensation that were
effective as of December 1, 2008, 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 the ``Veterans' Compensation Cost-of-
Living Adjustment Act of 2009''.
SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Rate Adjustment.--Effective on December 1, 2009, the Secretary
of Veterans Affairs shall increase, in accordance with subsection (c),
the dollar amounts in effect on November 30, 2009, 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, 2009, as a result of a
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(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 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 of Adjusted Rates.--The Secretary of Veterans
Affairs shall publish in the Federal Register the amounts specified in
subsection (b), as increased under subsection (a), 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 2010.
SEC. 3. CODIFICATION OF 2008 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 ``$117'' and inserting
``$123'';
(2) in subsection (b), by striking ``$230'' and inserting
``$243'';
(3) in subsection (c), by striking ``$356'' and inserting
``$376'';
(4) in subsection (d), by striking ``$512'' and inserting
``$541'';
(5) in subsection (e), by striking ``$728'' and inserting
``$770'';
(6) in subsection (f), by striking ``$921'' and inserting
``$974'';
(7) in subsection (g), by striking ``$1,161'' and inserting
``$1,228'';
(8) in subsection (h), by striking ``$1,349'' and inserting
``$1,427'';
(9) in subsection (i), by striking ``$1,517'' and inserting
``$1,604'';
(10) in subsection (j), by striking ``$2,527'' and inserting
``$2,673'';
(11) in subsection (k)--
(A) by striking ``$91'' both places it appears and
inserting ``$96''; and
(B) by striking ``$3,145'' and ``$4,412'' and inserting
``$3,327'' and ``$4,667'', respectively;
(12) in subsection (l), by striking ``$3,145'' and inserting
``$3,327'';
(13) in subsection (m), by striking ``$3,470'' and inserting
``$3,671'';
(14) in subsection (n), by striking ``$3,948'' and inserting
``$4,176'';
(15) in subsections (o) and (p), by striking ``$4,412'' each
place it appears and inserting ``$4,667'';
(16) in subsection (r), by striking ``$1,893'' and ``$2,820''
and inserting ``$2,002'' and ``$2,983'', respectively; and
(17) in subsection (s), by striking ``$2,829'' and inserting
``$2,993''.
(b) Additional Compensation for Dependents.--Section 1115(1) of
such title is amended--
(1) in subparagraph (A), by striking ``$142'' and inserting
``$150'';
(2) in subparagraph (B), by striking ``$245'' and ``$71'' and
inserting ``$259'' and ``$75'', respectively;
(3) in subparagraph (C), by striking ``$96'' and ``$71'' and
inserting ``$101'' and ``$75'', respectively;
(4) in subparagraph (D), by striking ``$114'' and inserting
``$120'';
(5) in subparagraph (E), by striking ``$271'' and inserting
``$286''; and
(6) in subparagraph (F), by striking ``$227'' and inserting
``$240''.
(c) Clothing Allowance for Certain Disabled Veterans.--Section 1162
of such title is amended by striking ``$677'' and inserting ``$716''.
(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 ``$1,091'' and inserting
``$1,154''; and
(B) in paragraph (2), by striking ``$233'' and inserting
``$246''.
(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.................................. $1,154 W-4.................... $1,380
E-2.................................. $1,154 O-1.................... $1,219
E-3.................................. $1,154 O-2.................... $1,260
E-4.................................. $1,154 O-3.................... $1,347
E-5.................................. $1,154 O-4.................... $1,427
E-6.................................. $1,154 O-5.................... $1,571
E-7.................................. $1,194 O-6.................... $1,771
E-8.................................. $1,260 O-7.................... $1,912
E-9.................................. $1,3141 O-8.................... $2,100
W-1.................................. $1,219 O-9.................... $2,246
W-2.................................. $1,267 O-10................... $2,4632
W-3.................................. $1,305
----------------------------------------------------------------------------------------------------------------
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
$1,419.
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 $2,643.''.
(3) Additional dic for children or disability.--Section 1311 of
such title is amended--
(A) in subsection (b), by striking ``$271'' and inserting
``$286'';
(B) in subsection (c), by striking ``$271'' and inserting
``$286''; and
(C) in subsection (d), by striking ``$128'' and inserting
``$135''.
(e) Dependency and Indemnity Compensation for Children.--
(1) DIC when no surviving spouse.--Section 1313(a) of such
title is amended--
(A) in paragraph (1), by striking ``$462'' and inserting
``$488'';
(B) in paragraph (2), by striking ``$663'' and inserting
``$701'';
(C) in paragraph (3), by striking ``$865'' and inserting
``$915''; and
(D) in paragraph (4), by striking ``$865'' and ``$165'' and
inserting ``$915'' and ``$174'', respectively.
(2) Supplemental dic for certain children.--Section 1314 of
such title is amended--
(A) in subsection (a), by striking ``$271'' and inserting
``$286'';
(B) in subsection (b), by striking ``$462'' and inserting
``$488''; and
(C) in subsection (c), by striking ``$230'' and inserting
``$243''.
(f) Dependency and Indemnity Compensation Payable to Parents.--
Section 1315 is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``$163'' and inserting
``$569''; and
(B) in paragraph (3), by striking ``$4,038'' and inserting
``$13,456'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``$115'' and inserting
``$412''; and
(B) in paragraph (3), by striking ``$4,038'' and inserting
``$13,456'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``$109'' and inserting
``$387''; and
(B) in paragraph (3), by striking ``$5,430'' and inserting
``$18,087''; and
(4) in subsection (g), by striking ``$85'' and inserting
``$308''.
(g) Effective Date.--The amendments made by this section shall take
effect on December 1, 2008.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.