[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 797 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                     December 11, 2007.
    Resolved, That the House agree to the amendment of the Senate to 
the bill (H.R. 797) entitled ``An Act to amend title 38, United States 
Code, to improve compensation benefits for veterans in certain cases of 
impairment of vision involving both eyes, to provide for the use of the 
National Directory of New Hires for income verification purposes, to 
extend the authority of the Secretary of Veterans Affairs to provide an 
educational assistance allowance for qualifying work study activities, 
and to authorize the provision of bronze representations of the letter 
`V' for the graves of eligible individuals buried in private cemeteries 
in lieu of Government-provided headstones or markers'', with the 
following

                 HOUSE AMENDMENTS TO SENATE AMENDMENT:

            In lieu of the matter proposed to be inserted by the 
      amendment of the Senate, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Dr. James Allen 
Veteran Vision Equity Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                  TITLE I--LOW-VISION BENEFITS MATTERS

Sec. 101. Modification of rate of visual impairment for payment of 
                            disability compensation.
Sec. 102. Improvement in compensation for veterans in certain cases of 
                            impairment of vision involving both eyes.

       TITLE II--MATTERS RELATING TO BURIAL AND MEMORIAL AFFAIRS

Sec. 201. Provision of medallion or other device for privately-
                            purchased grave markers.
Sec. 202. Improvement in provision of assistance to States relating to 
                            the interment of veterans in cemeteries 
                            other than national cemeteries.
Sec. 203. Modification of authorities on provision of Government 
                            headstones and markers for burials of 
                            veterans at private cemeteries.

                        TITLE III--OTHER MATTERS

Sec. 301. Use of national directory of new hires for income 
                            verification purposes for certain veterans 
                            benefits.
Sec. 302. Extension of authority of Secretary of Veterans Affairs to 
                            provide an educational assistance allowance 
                            to persons performing qualifying work-study 
                            activities.

                  TITLE I--LOW-VISION BENEFITS MATTERS

SEC. 101. MODIFICATION OF RATE OF VISUAL IMPAIRMENT FOR PAYMENT OF 
              DISABILITY COMPENSATION.

    Section 1114(o) of title 38, United States Code, is amended by 
striking ``5/200'' and inserting ``20/200''.

SEC. 102. IMPROVEMENT IN COMPENSATION FOR VETERANS IN CERTAIN CASES OF 
              IMPAIRMENT OF VISION INVOLVING BOTH EYES.

    Section 1160(a)(1) of title 38, United States Code, is amended--
            (1) by striking ``blindness'' both places it appears and 
        inserting ``impairment of vision'';
            (2) by striking ``misconduct;'' and inserting ``misconduct 
        and--''; and
            (3) by adding at the end the following new subparagraphs:
                    ``(A) the impairment of vision in each eye is rated 
                at a visual acuity of 20/200 or less; or
                    ``(B) the peripheral field of vision for each eye 
                is 20 degrees or less;''.

       TITLE II--MATTERS RELATING TO BURIAL AND MEMORIAL AFFAIRS

SEC. 201. PROVISION OF MEDALLION OR OTHER DEVICE FOR PRIVATELY-
              PURCHASED GRAVE MARKERS.

    Section 2306(d) of title 38, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(5) In lieu of furnishing a headstone or marker under this 
subsection, the Secretary may furnish, upon request, a medallion or 
other device of a design determined by the Secretary to signify the 
deceased's status as a veteran, to be attached to a headstone or marker 
furnished at private expense.''.

SEC. 202. IMPROVEMENT IN PROVISION OF ASSISTANCE TO STATES RELATING TO 
              THE INTERMENT OF VETERANS IN CEMETERIES OTHER THAN 
              NATIONAL CEMETERIES.

    (a) Repeal of Time Limitation for State Filing for Reimbursement 
for Interment Costs.--
            (1) In general.--The second sentence of section 
        3.1604(d)(2) of title 38, Code of Federal Regulations, shall 
        have no further force or effect as it pertains to unclaimed 
        remains of a deceased veteran.
            (2) Retroactive application.--Paragraph (1) shall take 
        effect as of October 1, 2006 and apply with respect to 
        interments and inurnments occurring on or after that date.
    (b) Grants for Operation and Maintenance of State Veterans' 
Cemeteries.--
            (1) In general.--Subsection (a) of section 2408 of title 
        38, United States Code, is amended to read as follows:
    ``(a)(1) Subject to subsection (b), the Secretary may make a grant 
to any State for the following purposes:
            ``(A) Establishing, expanding, or improving a veterans' 
        cemetery owned by the State.
            ``(B) Operating and maintaining such a cemetery.
    ``(2) A grant under paragraph (1) may be made only upon submission 
of an application to the Secretary in such form and manner, and 
containing such information, as the Secretary may require.''.
            (2) Limitation on amounts awarded.--Subsection (e) of such 
        section is amended--
                    (A) by inserting ``(1)'' before ``Amounts''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) In any fiscal year, the aggregate amount of grants awarded 
under this section for the purposes specified in subsection (a)(1)(B) 
may not exceed $5,000,000.''.
            (3) Conforming amendments.--Such section is further 
        amended--
                    (A) in subsection (b)--
                            (i) by striking ``Grants under this 
                        section'' and inserting ``A grant under this 
                        section for a purpose described in subsection 
                        (a)(1)(A)''; and
                            (ii) by striking ``a grant under this 
                        section'' each place it appears and inserting 
                        ``such a grant'';
                    (B) in subsection (d), by striking ``to assist such 
                State in establishing, expanding, or improving a 
                veterans' cemetery''; and
                    (C) in subsection (f)(1), by inserting ``, or in 
                operating and maintaining such cemeteries,'' after 
                ``veterans' cemeteries''.
            (4) Regulations.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        shall prescribe regulations to carry out the amendments made by 
        this subsection.

SEC. 203. MODIFICATION OF AUTHORITIES ON PROVISION OF GOVERNMENT 
              HEADSTONES AND MARKERS FOR BURIALS OF VETERANS AT PRIVATE 
              CEMETERIES.

    (a) Repeal of Expiration of Authority.--Subsection (d) of section 
2306 of title 38, United States Code, as amended by section 201, is 
further amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraphs (4) and (5), as added by 
        that section, as paragraphs (3) and (4), respectively.
    (b) Retroactive Effective Date.--Notwithstanding subsection (d) of 
section 502 of the Veterans Education and Benefits Expansion Act of 
2001 (Public Law 107-103; 115 Stat. 995; 38 U.S.C. 2306 note) or any 
other provision of law, the amendments made by that section and by 
subsections (a), (b), (c), (d), and (f) of section 402 of the Veterans 
Benefits, Health Care, and Information Technology Act of 2006 (Public 
Law 109-461; 120 Stat. 3429) shall take effect as of November 1, 1990, 
and shall apply with respect to headstones and markers for the graves 
of individuals dying on or after that date.

                        TITLE III--OTHER MATTERS

SEC. 301. USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME 
              VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS.

    (a) Authority for Information Comparisons and Disclosures of 
Information to Assist in Administration of Certain Veterans Benefits.--
Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended 
by adding at the end the following new paragraph:
            ``(11) Information comparisons and disclosures to assist in 
        administration of certain veterans benefits.--
                    ``(A) Furnishing of information by secretary of 
                veterans affairs.--Subject to the provisions of this 
                paragraph, the Secretary of Veterans Affairs shall 
                furnish to the Secretary, on such periodic basis as 
                determined by the Secretary of Veterans Affairs in 
                consultation with the Secretary, information in the 
                custody of the Secretary of Veterans Affairs for 
                comparison with information in the National Directory 
                of New Hires, in order to obtain information in such 
                Directory with respect to individuals who are applying 
                for or receiving--
                            ``(i) needs-based pension benefits provided 
                        under chapter 15 of title 38, United States 
                        Code, or under any other law administered by 
                        the Secretary of Veterans Affairs;
                            ``(ii) parents' dependency and indemnity 
                        compensation provided under section 1315 of 
                        title 38, United States Code;
                            ``(iii) health care services furnished 
                        under subsections (a)(2)(G), (a)(3), or (b) of 
                        section 1710 of title 38, United States Code; 
                        or
                            ``(iv) compensation paid under chapter 11 
                        of title 38, United States Code, at the 100 
                        percent rate based solely on unemployability 
                        and without regard to the fact that the 
                        disability or disabilities are not rated as 100 
                        percent disabling under the rating schedule.
                    ``(B) Requirement to seek minimum information.--The 
                Secretary of Veterans Affairs shall seek information 
                pursuant to this paragraph only to the extent necessary 
                to verify the employment and income of individuals 
                described in subparagraph (A).
                    ``(C) Duties of the secretary.--
                            ``(i) Information disclosure.--The 
                        Secretary, in cooperation with the Secretary of 
                        Veterans Affairs, shall compare information in 
                        the National Directory of New Hires with 
                        information provided by the Secretary of 
                        Veterans Affairs with respect to individuals 
                        described in subparagraph (A), and shall 
                        disclose information in such Directory 
                        regarding such individuals to the Secretary of 
                        Veterans Affairs, in accordance with this 
                        paragraph, for the purposes specified in this 
                        paragraph.
                            ``(ii) Condition on disclosure.--The 
                        Secretary shall make disclosures in accordance 
                        with clause (i) only to the extent that the 
                        Secretary determines that such disclosures do 
                        not interfere with the effective operation of 
                        the program under this part.
                    ``(D) Use of information by secretary of veterans 
                affairs.--The Secretary of Veterans Affairs may use 
                information resulting from a data match pursuant to 
                this paragraph only--
                            ``(i) for the purposes specified in 
                        subparagraph (B); and
                            ``(ii) after removal of personal 
                        identifiers, to conduct analyses of the 
                        employment and income reporting of individuals 
                        described in subparagraph (A).
                    ``(E) Reimbursement of hhs costs.--The Secretary of 
                Veterans Affairs shall reimburse the Secretary, in 
                accordance with subsection (k)(3), for the costs 
                incurred by the Secretary in furnishing the information 
                requested under this paragraph.
                    ``(F) Consent.--The Secretary of Veterans Affairs 
                shall not seek, use, or disclose information under this 
                paragraph relating to an individual without the prior 
                written consent of such individual (or of a person 
                legally authorized to consent on behalf of such 
                individual).
                    ``(G) Expiration of authority.--The authority under 
                this paragraph shall expire on September 30, 2011.''.
    (b) Amendments to Veterans Affairs Authority.--
            (1) In general.--Chapter 53 of title 38, United States 
        Code, is amended by inserting after section 5317 the following 
        new section:
``Sec. 5317A. Use of income information from other agencies: 
              independent verification required before termination or 
              reduction of certain benefits and services
    ``(a) Independent Verification Required.--The Secretary may 
terminate, deny, suspend, or reduce any benefit or service specified in 
section 5317(c), with respect to an individual under age 65 who is an 
applicant for or recipient of such a benefit or service, by reason of 
information obtained from the Secretary of Health and Human Services 
under section 453(j)(11) of the Social Security Act, only if the 
Secretary takes appropriate steps to verify independently information 
relating to the individual's employment and income from employment.
    ``(b) Opportunity to Contest Findings.--The Secretary shall inform 
each individual for whom the Secretary terminates, denies, suspends, or 
reduces any benefit or service under subsection (a) of the findings 
made by the Secretary under such subsection on the basis of verified 
information and shall provide to the individual an opportunity to 
contest such findings in the same manner as applies to other 
information and findings relating to eligibility for the benefit or 
service involved.
    ``(c) Source of Funds for Reimbursement to Secretary of Health and 
Human Services.--The Secretary shall pay the expense of reimbursing the 
Secretary of Health and Human Services in accordance with section 
453(j)(11)(E) of the Social Security Act, for the cost incurred by the 
Secretary of Health and Human Services in furnishing information 
requested by the Secretary under section 453(j)(11) of such Act, from 
amounts available to the Department for the payment of compensation and 
pensions.
    ``(d) Expiration of Authority.--The authority under this section 
shall expire on September 30, 2011.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 5317 the following new item:

``5317A. Use of income information from other agencies: independent 
                            verification required before termination or 
                            reduction of certain benefits and 
                            services.''.

SEC. 302. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO 
              PROVIDE AN EDUCATIONAL ASSISTANCE ALLOWANCE TO PERSONS 
              PERFORMING QUALIFYING WORK-STUDY ACTIVITIES.

    Section 3485(a)(4) of title 38, United States Code, is amended by 
striking ``June 30, 2007'' each place it appears and inserting ``June 
30, 2010''.

            Amend the title so as to read: ``An Act to amend title 38, 
        United States Code, to improve low-vision benefits matters, 
        matters relating to burial and memorial affairs, and other 
        matters under the laws administered by the Secretary of 
        Veterans Affairs, and for other purposes.''.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                                H.R. 797

_______________________________________________________________________

                  HOUSE AMENDMENTS TO SENATE AMENDMENT