PUBLIC LAW 108–363—OCT. 25, 2004 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.

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 Costof-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 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) 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

Effective date.

Effective date.

38 USC 1114

note.

38 USC 101 note.

Veterans’

Compensation

Cost-of-Living

Adjustment Act

of 2004.

Oct. 25, 2004

[H.R. 4175]

118 STAT. 1706 PUBLIC LAW 108–363—OCT. 25, 2004

LEGISLATIVE HISTORY—H.R. 4175 (S. 2483):

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.

Æ

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.

Approved October 25, 2004.

Federal Register,

publication.

38 USC 1114

note.