Text: S.407 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-37 (06/30/2009)

 
[111th Congress Public Law 37]
[From the U.S. Government Printing Office]



[[Page 123 STAT. 1927]]

Public Law 111-37
111th Congress

                                 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. <<NOTE: June 
                         30, 2009 -  [S. 407]>> 

    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 2009.>> 
SECTION 1. <<NOTE: 38 USC 101 note.>> 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) <<NOTE: 38 USC 1114 note.>> 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)).

[[Page 123 STAT. 1928]]

            (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) <<NOTE: 38 USC 1114 note.>> 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 <<NOTE: Federal Register, 
publication. 38 USC 1114 note.>> 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

[[Page 123 STAT. 1929]]

            (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--

[[Page 123 STAT. 1930]]

                    (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''.

[[Page 123 STAT. 1931]]

    (g) Effective <<NOTE: 38 USC 1114 note.>> Date.--The amendments made 
by this section shall take effect on December 1, 2008.

    Approved June 30, 2009.

LEGISLATIVE HISTORY--S. 407 (H.R. 1513):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-56 accompanying H.R. 1513 (Comm. on Veterans' 
Affairs).
SENATE REPORTS: No. 111-24 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 155 (2009):
            June 10, considered and passed Senate.
            June 23, considered and passed House.

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