[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
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HOUSE AMENDMENTS TO SENATE AMENDMENT