[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1163 Reported in Senate (RS)]






                                                       Calendar No. 328
110th CONGRESS
  1st Session
                                S. 1163

                          [Report No. 110-143]

  To amend title 38, United States Code, to improve compensation and 
 specially adapted housing for veterans in certain cases of impairment 
   of vision involving both eyes, and to provide for the use of the 
   National Directory of New Hires for income verification purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2007

    Mr. Akaka (for himself, Mr. Brown, Mr. Feingold, Mr. Hagel, Mr. 
  Isakson, Mr. Webb, and Mr. Sanders) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

                             August 3, 2007

                Reported by Mr. Akaka, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to improve compensation and 
 specially adapted housing for veterans in certain cases of impairment 
   of vision involving both eyes, and to provide for the use of the 
   National Directory of New Hires for income verification purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Blinded Veterans Paired 
Organ Act of 2007''.</DELETED>

<DELETED>SEC. 2. IMPROVEMENT IN COMPENSATION AND SPECIALLY ADAPTED 
              HOUSING FOR VETERANS IN CERTAIN CASES OF IMPAIRMENT OF 
              VISION INVOLVING BOTH EYES.</DELETED>

<DELETED>    (a) Compensation Benefits.--Section 1160(a)(1) of title 
38, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``blindness'' both places it 
        appears and inserting ``impairment of vision''; and</DELETED>
        <DELETED>    (2) by striking ``misconduct;'' and inserting 
        ``misconduct if--</DELETED>
                <DELETED>    ``(A) the impairment of vision in each eye 
                is rated at a visual acuity of 20/200 or less; 
                or</DELETED>
                <DELETED>    ``(B) the peripheral field of vision for 
                each eye is 20 degrees or less;''.</DELETED>
<DELETED>    (b) Specially Adapted Housing.--Section 2101(b)(2)(A) of 
such title is amended by striking ``eyes with 5/200 visual acuity or 
less.'' and inserting ``eyes--</DELETED>
                <DELETED>    ``(i) with 20/200 visual acuity or less; 
                or</DELETED>
                <DELETED>    ``(ii) with a peripheral field of vision 
                of 20 degrees or less.''.</DELETED>

<DELETED>SEC. 3. USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME 
              VERIFICATION PURPOSES FOR CERTAIN VETERANS 
              BENEFITS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 5320. Use of National Directory of New Hires for income 
              verification purposes</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3)(A) The Secretary of Health and Human Services shall, 
in cooperation with the Secretary and in accordance with this 
subsection--</DELETED>
        <DELETED>    ``(i) compare information in the National 
        Directory of New Hires with information furnished pursuant to 
        paragraph (1); and</DELETED>
        <DELETED>    ``(ii) disclose information in that directory to 
        the Secretary for the purposes specified in this 
        subsection.</DELETED>
<DELETED>    ``(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.).</DELETED>
<DELETED>    ``(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 indivudals under the age of 
65.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Covered Benefits and Services.--The benefits and 
services specified in this subsection are the following:</DELETED>
        <DELETED>    ``(1) Needs-based pension benefits provided under 
        chapter 15 of this title or under any other law administered by 
        the Secretary.</DELETED>
        <DELETED>    ``(2) Parents' dependency and indemnity 
        compensation provided under section 1315 of this 
        title.</DELETED>
        <DELETED>    ``(3) Health-care services furnished under 
        subsections (a)(2)(G), (a)(3), and (b) of section 1710 of this 
        title.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``5320. Use of National Directory of New Hires for income 
                            verification purposes.''.
<DELETED>    (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.</DELETED>

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 indivudals 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.
                                                       Calendar No. 328

110th CONGRESS

  1st Session

                                S. 1163

                          [Report No. 110-143]

_______________________________________________________________________

                                 A BILL

  To amend title 38, United States Code, to improve compensation and 
 specially adapted housing for veterans in certain cases of impairment 
   of vision involving both eyes, and to provide for the use of the 
   National Directory of New Hires for income verification purposes.

_______________________________________________________________________

                             August 3, 2007

                       Reported with an amendment