108TH CONGRESS

2D SESSION H. R. 4175

AN ACT

To increase, effective as of December 1, 2004, the

erans, and for other purposes.vivors of certain service-connected disabled vetpendency and indemnity compensation for surservice-connected disabilities and the rates of derates of disability compensation for veterans with

108TH CONGRESS

2D SESSION H. R. 4175

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 serviceconnected disabled veterans, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as ‘‘Veterans’ Compensation

5 Cost-of-Living Adjustment Act of 2004’’.

6 SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSA7 TION AND DEPENDENCY AND INDEMNITY

8 COMPENSATION.

9 (a) RATE ADJUSTMENT.—The Secretary of Veterans

10 Affairs shall, effective on December 1, 2004, increase the

11 dollar amounts in effect for the payment of disability com12 pensation and dependency and indemnity compensation by

13 the Secretary, as specified in subsection (b).

14 (b) AMOUNTS TO BE INCREASED.—The dollar

15 amounts to be increased pursuant to subsection (a) are

16 the following:

17 (1) COMPENSATION.—Each of the dollar

18 amounts in effect under section 1114 of title 38,

19 United States Code.

20 (2) ADDITIONAL COMPENSATION FOR DEPEND21 ENTS.—Each of the dollar amounts in effect under

22 section 1115(1) of such title.

23 (3) CLOTHING ALLOWANCE.—The dollar

24 amount in effect under section 1162 of such title.
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1 (4) NEW DIC RATES.—The dollar amounts in

2 effect under paragraphs (1) and (2) of section

3 1311(a) of such title.

4 (5) OLD DIC RATES.—Each of the dollar

5 amounts in effect under section 1311(a)(3) of such

6 title.

7 (6) ADDITIONAL DIC FOR SURVIVING SPOUSES

8 WITH MINOR CHILDREN.—The dollar amount in ef9 fect under section 1311(b) of such title.

10 (7) ADDITIONAL DIC FOR DISABILITY.—The

11 dollar amounts in effect under sections 1311(c) and

12 1311(d) of such title.

13 (8) DIC FOR DEPENDENT CHILDREN.—The dol14 lar amounts in effect under sections 1313(a) and

15 1314 of such title.

16 (c) DETERMINATION OF INCREASE.—(1) The in17 crease under subsection (a) shall be made in the dollar

18 amounts specified in subsection (b) as in effect on Novem19 ber 30, 2004.

20 (2) Except as provided in paragraph (3), each such

21 amount shall be increased by the same percentage as the

22 percentage by which benefit amounts payable under title

23 II of the Social Security Act (42 U.S.C. 401 et seq.) are

24 increased effective December 1, 2004, as a result of a de-
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1 termination under section 215(i) of such Act (42 U.S.C.

2 415(i)).

3 (3) Each dollar amount increased pursuant to para4 graph (2) shall, if not a whole dollar amount, be rounded

5 down to the next lower whole dollar amount.

6 (d) SPECIAL RULE.—The Secretary may adjust ad7 ministratively, consistent with the increases made under

8 subsection (a), the rates of disability compensation pay9 able to persons within the purview of section 10 of Public

10 Law 85–857 (72 Stat. 1263) who are not in receipt of

11 compensation payable pursuant to chapter 11 of title 38,

12 United States Code.

13 SEC. 3. PUBLICATION OF ADJUSTED RATES.

14 At the same time as the matters specified in section

15 215(i)(2)(D) of the Social Security Act (42 U.S.C.

16 415(i)(2)(D)) are required to be published by reason of

17 a determination made under section 215(i) of such Act

18 during fiscal year 2005, the Secretary of Veterans Affairs

19 shall publish in the Federal Register the amounts specified

20 in subsection (b) of section 2, as increased pursuant to

21 that section.
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1 SEC. 4. IMPROVED BENEFITS FOR FORMER PRISONERS OF

2 WAR.

3 Section 1112(b)(3) of title 38, United States Code,

4 is amended by adding at the end the following new sub5 paragraph:

6 ‘‘(L) Osteoporosis.’’.

7 SEC. 5. CODIFICATION OF COST-OF-LIVING ADJUSTMENT

8 PROVIDED IN PUBLIC LAW 108–47.

9 (a) VETERANS’ DISABILITY COMPENSATION.—Sec10 tion 1114 of title 38, United States Code, is amended—

11 (1) by striking ‘‘$104’’ in subsection (a) and in12 serting ‘‘$106’’;

13 (2) by striking ‘‘$201’’ in subsection (b) and in14 serting ‘‘$205’’;

15 (3) by striking ‘‘$310’’ in subsection (c) and in16 serting ‘‘$316’’;

17 (4) by striking ‘‘$445’’ in subsection (d) and in18 serting ‘‘$454’’;

19 (5) by striking ‘‘$633’’ in subsection (e) and in20 serting ‘‘$646’’;

21 (6) by striking ‘‘$801’’ in subsection (f) and in22 serting ‘‘$817’’;

23 (7) by striking ‘‘$1,008’’ in subsection (g) and

24 inserting ‘‘$1,029’’;

25 (8) by striking ‘‘$1,171’’ in subsection (h) and

26 inserting ‘‘$1,195’’;
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1 (9) by striking ‘‘$1,317’’ in subsection (i) and

2 inserting ‘‘$1,344’’;

3 (10) by striking ‘‘$2,193’’ in subsection (j) and

4 inserting ‘‘$2,239’’;

5 (11) in subsection (k)—

6 (A) by striking ‘‘$81’’ both places it ap7 pears and inserting ‘‘$82’’; and

8 (B) by striking ‘‘$2,728’’ and ‘‘$3,827’’

9 and inserting ‘‘$2,785’’ and ‘‘$3,907’’, respec10 tively;

11 (12) by striking ‘‘$2,728’’ in subsection (l) and

12 inserting ‘‘$2,785’’;

13 (13) by striking ‘‘$3,010’’ in subsection (m)

14 and inserting ‘‘$3,073’’;

15 (14) by striking ‘‘$3,425’’ in subsection (n) and

16 inserting ‘‘$3,496’’;

17 (15) by striking ‘‘$3,827’’ each place it appears

18 in subsections (o) and (p) and inserting ‘‘$3,907’’;

19 (16) by striking ‘‘$1,643’’ and ‘‘$2,446’’ in sub20 section (r) and inserting ‘‘$1,677’’ and ‘‘$2,497’’,

21 respectively; and

22 (17) by striking ‘‘$2,455’’ in subsection (s) and

23 inserting ‘‘$2,506’’.

24 (b) ADDITIONAL COMPENSATION FOR DEPEND25 ENTS.—Section 1115(1) of such title is amended—
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1 (1) by striking ‘‘$125’’ in subparagraph (A)

2 and inserting ‘‘$127’’;

3 (2) by striking ‘‘$215’’ and ‘‘$64’’ in subpara4 graph (B) and inserting ‘‘$219’’ and ‘‘$65’’, respec5 tively;

6 (3) by striking ‘‘$85’’ and ‘‘$64’’ in subpara7 graph (C) and inserting ‘‘$86’’ and ‘‘$65’’, respec8 tively;

9 (4) by striking ‘‘$101’’ in subparagraph (D)

10 and inserting ‘‘$103’’;

11 (5) by striking ‘‘$237’’ in subparagraph (E)

12 and inserting ‘‘$241’’; and

13 (6) by striking ‘‘$198’’ in subparagraph (F)

14 and inserting ‘‘$202’’.

15 (c) CLOTHING ALLOWANCE FOR CERTAIN DISABLED

16 VETERANS.—Section 1162 of such title is amended by

17 striking ‘‘$588’’ and inserting ‘‘$600’’.

18 (d) DEPENDENCY AND INDEMNITY COMPENSATION

19 FOR SURVIVING SPOUSES.—(1) Section 1311(a) of such

20 title is amended—

21 (A) by striking ‘‘$948’’ in paragraph (1) and

22 inserting ‘‘$967’’; and

23 (B) by striking ‘‘$204’’ in paragraph (2) and

24 inserting ‘‘$208’’.
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1 (2) The table in section 1311(a)(3) of such title is

2 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 ............................ $1,1021 O–8 ............................ $1,758

W–1 ............................ $1,022 O–9 ............................ $1,881

W–2 ............................ $1,063 O–10 .......................... $2,0632

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 (3) Section 1311(b) of such title is amended by strik4 ing ‘‘$237’’ and inserting ‘‘$241’’.

5 (4) Section 1311(c) of such title is amended by strik6 ing ‘‘$237’’ and inserting ‘‘$241’’.

7 (5) Section 1311(d) of such title is amended by strik8 ing ‘‘$113’’ and inserting ‘‘$115’’.

9 (e) DEPENDENCY AND INDEMNITY COMPENSATION

10 FOR CHILDREN.—(1) Section 1313(a) of such title is

11 amended—

12 (A) by striking ‘‘$402’’ in paragraph (1) and

13 inserting ‘‘$410’’;

14 (B) by striking ‘‘$578’’ in paragraph (2) and

15 inserting ‘‘$590’’;
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1 (C) by striking ‘‘$752’’ in paragraph (3) and

2 inserting ‘‘$767’’; and

3 (D) by striking ‘‘$752’’ and ‘‘$145’’ in para4 graph (4) and inserting ‘‘$767’’ and ‘‘$148’’, respec5 tively.

6 (2) Section 1314 of such title is amended—

7 (A) by striking ‘‘$237’’ in subsection (a) and

8 inserting ‘‘$241’’;

9 (B) by striking ‘‘$402’’ in subsection (b) and

10 inserting ‘‘$410’’; and

11 (C) by striking ‘‘$201’’ in subsection (c) and in12 serting ‘‘$205’’.

Passed the House of Representatives July 22, 2004.

Attest:

Clerk.