Veterans' Disability Compensation Automatic COLA Act of 2019

II 116TH CONGRESS 1ST SESSION S. 408 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 FEBRUARY 7, 2019 Mr. THUNE 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 sur- vivors of certain service-connected disabled veterans, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Veterans’ Disability 4 Compensation Automatic COLA Act of 2019’’. 5 VerDate Sep 11 2014 22:19 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S408.IS S408 pbinns on DSK79D2C42PROD with BILLS 2 •S 408 IS SEC. 2. AUTOMATIC ANNUAL INCREASE IN RATES OF DIS- 1 ABILITY COMPENSATION AND DEPENDENCY 2 AND INDEMNITY COMPENSATION. 3 (a) INDEXING TO SOCIAL SECURITY INCREASES.— 4 Section 5312 of title 38, United States Code, is amend- 5 ed— 6 (1) by redesignating subsection (c) as sub- 7 section (d); 8 (2) by inserting after subsection (b) the fol- 9 lowing new subsection: 10 ‘‘(c)(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 depend- 17 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 VerDate Sep 11 2014 22:19 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S408.IS S408 pbinns on DSK79D2C42PROD with BILLS 3 •S 408 IS ‘‘(A) DISABILITY COMPENSATION.—Each of the 1 dollar amounts in effect under section 1114 of this 2 title. 3 ‘‘(B) ADDITIONAL COMPENSATION FOR DE- 4 PENDENTS.—Each of the dollar amounts in effect 5 under section 1115(1) of this title. 6 ‘‘(C) CLOTHING ALLOWANCE.—The dollar 7 amount in effect under section 1162 of this title. 8 ‘‘(D) NEW DIC RATES.—Each of the dollar 9 amounts in effect under paragraphs (1) and (2) of 10 section 1311(a) of this title. 11 ‘‘(E) OLD DIC RATES.—Each of the dollar 12 amounts in effect under section 1311(a)(3) of this 13 title. 14 ‘‘(F) ADDITIONAL DIC FOR SURVIVING SPOUSES 15 WITH MINOR CHILDREN.—The dollar amount in ef- 16 fect under section 1311(b) of this title. 17 ‘‘(G) ADDITIONAL DIC FOR DISABILITY.—Each 18 of the dollar amounts in effect under subsections (c) 19 and (d) of section 1311 of this title. 20 ‘‘(H) DIC FOR DEPENDENT CHILDREN.—Each 21 of the dollar amounts in effect under sections 22 1313(a) and 1314 of this title.’’; and 23 VerDate Sep 11 2014 22:19 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S408.IS S408 pbinns on DSK79D2C42PROD with BILLS 4 •S 408 IS (3) by adding at the end of subsection (d), as 1 redesignated by paragraph (1), the following new 2 paragraph: 3 ‘‘(3) Whenever there is an increase under subsection 4 (c)(1) in amounts in effect for the payment of disability 5 compensation and dependency and indemnity compensa- 6 tion, the Secretary shall publish such amounts, as in- 7 creased pursuant to such subsection, in the Federal Reg- 8 ister at the same time as the material required by section 9 215(i)(2)(D) of the Social Security Act (42 U.S.C. 10 415(i)(2)(D)) is published by reason of a determination 11 under section 215(i) of such Act (42 U.S.C. 415(i)).’’. 12 (b) EFFECTIVE DATE.—Subsection (c) of section 13 5312 of title 38, United States Code, as added by sub- 14 section (a) of this section, shall take effect on the first 15 day of the first calendar year that begins after the date 16 of the enactment of this Act. 17 Æ VerDate Sep 11 2014 22:19 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S408.IS S408 pbinns on DSK79D2C42PROD with BILLS