[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 797 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
November 2, 2007.
Resolved, That the bill from the House of Representatives (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.'', do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blinded Veterans Paired Organ Act of
2007''.
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''; and
(2) by striking ``misconduct;'' and inserting ``misconduct
if--
``(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;''.
SEC. 103. USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME
VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS.
(a) Use of Information in National Directory of New Hires.--Chapter
53 of title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 5320. Use of National Directory of New Hires for income
verification purposes
``(a) Information From National Directory of New Hires.--(1) The
Secretary shall furnish to the Secretary of Health and Human Services
information in the custody of the Secretary on individuals under the
age of 65 who are applicants for or recipients of benefits or services
specified in subsection (d) for comparison with information on such
individuals in the National Directory of New Hires maintained by the
Secretary of Health and Human Services pursuant to section 453 of the
Social Security Act (42 U.S.C. 653). The Secretary shall furnish the
information on a quarterly basis or at such other intervals as may be
determined by the Secretary.
``(2) The Secretary shall furnish information under paragraph (1)
with respect to any individual only if doing so is essential to
determine the individual's eligibility for benefits and services
specified in subsection (d) or the amount of benefits specified in
paragraphs (1), (2), and (4) of subsection (d), to which the individual
is entitled.
``(3)(A) The Secretary of Health and Human Services shall, in
cooperation with the Secretary and in accordance with this subsection--
``(i) compare information in the National Directory of New
Hires with information furnished pursuant to paragraph (1); and
``(ii) disclose information in that directory to the
Secretary for the purposes specified in this subsection.
``(B) The Secretary of Health and Human Services may make a
disclosure in accordance with subparagraph (A) only to the extent that
the Secretary of Health and Human Services determines that such
disclosure does not interfere with the effective operation of the
program under part D of title IV of the Social Security Act (42 U.S.C.
651 et seq.).
``(4) The Secretary may use information resulting from a data match
pursuant to this subsection only for the purpose of determining
eligibility for benefits and services specified in subsection (d), and
the amount of benefits specified in paragraphs (1), (2), and (4) of
that subsection, for individuals under the age of 65.
``(5) The Secretary shall reimburse the Secretary of Health and
Human Services for the additional costs incurred by that Secretary in
furnishing information under this subsection. Such reimbursement shall
be at rates that the Secretary of Health and Human Services determines
to be reasonable (and shall include payment for the costs of obtaining,
verifying, maintaining, and comparing the information).
``(b) Notification to Beneficiaries.--The Secretary shall notify
each applicant for, or recipient of, a benefit or service specified in
subsection (d) that income information furnished by the applicant to
the Secretary may be compared with information obtained by the
Secretary from the Secretary of Health and Human Services under
subsection (a). The Secretary shall periodically transmit to recipients
of such benefits additional notices under this subsection.
``(c) Independent Verification Required.--The Secretary may
terminate, deny, suspend, or reduce any benefit or service described in
subsection (d) by reason of information obtained from the Secretary of
Health and Human Services under subsection (a) only if the Secretary
takes appropriate steps to verify independently information relating to
employment and income from employment.
``(d) Covered Benefits and Services.--The benefits and services
specified in this subsection are the following:
``(1) Needs-based pension benefits provided under chapter
15 of this title or under any other law administered by the
Secretary.
``(2) Parents' dependency and indemnity compensation
provided under section 1315 of this title.
``(3) Health-care services furnished under subsections
(a)(2)(G), (a)(3), and (b) of section 1710 of this title.
``(4) Compensation paid under chapter 11 of this title 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.
``(e) Opportunity To Contest Findings.--The Secretary shall inform
the individual of the findings made by the Secretary on the basis of
verified information under subsection (c), and shall give 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.
``(f) Source of Funds for Administration of Section.--The Secretary
shall pay the expenses of carrying out this section from amounts
available to the Department for the payment of compensation and
pensions.
``(g) Termination of Authority.--The authority of the Secretary to
obtain information from the Secretary of Health and Human Services
under subsection (a) expires on September 30, 2012.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``5320. Use of National Directory of New Hires for income verification
purposes.''.
(c) Effective Date.--Section 5320 of title 38, United States Code,
as added by subsection (a), shall take effect 270 days after the date
of the enactment of this Act.
TITLE II--BURIAL AND MEMORIAL AFFAIRS MATTERS
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) The Secretary may, upon request, furnish in lieu of a
headstone or marker authorized by this subsection a medallion or other
device of a design determined by the Secretary to signify the
deceased's status as a veteran to be affixed to a headstone or marker
purchased at private expense.''.
SEC. 202. INCREASE IN ASSISTANCE FOR VETERANS INTERRED 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.--The provision of paragraph
(1) shall take effect as of October 1, 2006.
(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--
(A) by inserting ``(1)'' before ``Subject to'';
(B) by designating the second sentence as paragraph
(2) and indenting the margin of such paragraph, as so
designated, two ems from the left margin; and
(C) in paragraph (1), as designated by subparagraph
(A) of this paragraph, by striking ``assist such State
in establishing, expanding, or improving veterans'
cemeteries owned by such State.'' and inserting
``assist such State in the following:
``(A) Establishing, expanding, or improving veterans'
cemeteries owned by such State.
``(B) Operating and maintaining such cemeteries.''.
(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.--(A) Subsection (b) of such
section is amended--
(i) by striking ``Grants under this section'' and
inserting ``Grants under this section for the purposes
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) Subsection (d) of such section is amended by inserting
``, or in operating and maintaining a veterans' cemetery,''
after ``veterans' cemetery''.
(C) Subsection (f)(1) of such section is amended by
inserting ``, or in operating and maintaining veterans'
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 of this
Act, is further amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) (as added by
section 201) 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), the
amendments made to section 2306(d) of title 38, United States Code, by
such section 502 and the amendments made by section 402 of the Veterans
Benefits, Health Care, and Information Technology Act of 2006 (Public
Law 109-461), other than the amendment made by subsection (e) of such
section 402, shall take effect as of November 1, 1990, and shall apply
with respect to the graves of individuals who have died on or after
that day.
Attest:
Secretary.
110th CONGRESS
1st Session
H. R. 797
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AMENDMENT