II 

111TH CONGRESS 

2D SESSION S. 3359 

To amend title 38, United States Code, to provide for annual cost-of-living 

adjustments to be made automatically by law each year in 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. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2010 

Mr. THUNE (for himself, Mr. TESTER, and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for annual 

cost-of-living adjustments to be made automatically by 

law each year in 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans’ Disability 

3 Compensation Automatic COLA Act’’. 

4 SEC. 2. AUTOMATIC ANNUAL INCREASE IN RATES OF DIS5 ABILITY COMPENSATION AND DEPENDENCY 

6 AND INDEMNITY COMPENSATION. 

7 (a) INDEXING TO SOCIAL SECURITY INCREASES.— 

8 Section 5312 of title 38, United States Code, is amended 

9 by adding at the end the following new subsection: 

10 ‘‘(d)(1) Whenever there is an increase in benefit 

11 amounts payable under title II of the Social Security Act 

12 (42 U.S.C. 401 et seq.) as a result of a determination 

13 made under section 215(i) of such Act (42 U.S.C. 415(i)), 

14 the Secretary shall, effective on the date of such increase 

15 in benefit amounts, increase the dollar amounts in effect 

16 for the payment of disability compensation and depend17 ency and indemnity compensation by the Secretary, as 

18 specified in paragraph (2), as such amounts were in effect 

19 immediately before the date of such increase in benefit 

20 amounts payable under title II of the Social Security Act, 

21 by the same percentage as the percentage by which such 

22 benefit amounts are increased. 

23 ‘‘(2) The dollar amounts to be increased pursuant to 

24 paragraph (1) are the following: 

25 ‘‘(A) COMPENSATION.—Each of the dollar 

26 amounts in effect under section 1114 of this title. 


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1 ‘‘(B) ADDITIONAL COMPENSATION FOR DE2 PENDENTS.—Each of the dollar amounts in effect 

3 under section 1115(1) of this title. 

4 ‘‘(C) CLOTHING ALLOWANCE.—The dollar 

5 amount in effect under section 1162 of this title. 

6 ‘‘(D) NEW DIC RATES.—Each of the dollar 

7 amounts in effect under paragraphs (1) and (2) of 

8 section 1311(a) of this title. 

9 ‘‘(E) OLD DIC RATES.—Each of the dollar 

10 amounts in effect under section 1311(a)(3) of this 

11 title. 

12 ‘‘(F) ADDITIONAL DIC FOR SURVIVING SPOUSES

13 WITH MINOR CHILDREN.—The dollar amount in ef14 fect under section 1311(b) of this title. 

15 ‘‘(G) ADDITIONAL DIC FOR DISABILITY.—Each 

16 of the dollar amounts in effect under sections 

17 1311(c) and 1311(d) of this title. 

18 ‘‘(H) DIC FOR DEPENDENT CHILDREN.—Each 

19 of the dollar amounts in effect under sections 

20 1313(a) and 1314 of this title. 

21 ‘‘(3) Whenever there is an increase under paragraph 

22 (1) in amounts in effect for the payment of disability com23 pensation and dependency and indemnity compensation, 

24 the Secretary shall publish such amounts, as increased 

25 pursuant to such paragraph, in the Federal Register at 


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1 the same time as the material required by section 

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

3 415(i)(2)(D)) is published by reason of a determination 

4 under section 215(i) of such Act (42 U.S.C. 415(i)).’’. 

5 (b) EFFECTIVE DATE.—Subsection (d) of section 

6 5312 of title 38, United States Code, as added by sub7 section (a) of this section, shall take effect on the first 

8 day of the first calendar year that begins after the date 

9 of the enactment of this Act. 

Æ 


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