[Congressional Record Volume 153, Number 169 (Friday, November 2, 2007)]
[Senate]
[Pages S13735-S13736]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S13735]]
               BLINDED VETERANS PAIRED ORGAN ACT OF 2007

  Mr. BROWN. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 328, S. 1163.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1163) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Veterans' Affairs, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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

[[Page S13736]]

     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.

  Mr. AKAKA. Madam President, I urge my colleagues to support S. 1163, 
as amended, the Blinded Veterans Paired Organ Act of 2007. This bill 
would expand benefit eligibility for veterans with service-connected 
vision impairment and enhance the burial and memorial benefits offered 
by the Department of Veterans Affairs.
  This legislation, which I introduced in April of this year, has 
subsequently been amended and reported favorably by the Committee on 
Veterans' Affairs. As amended, S. 1163 would modify the standard that 
the Department of Veterans Affairs uses when determining blindness and 
improve compensation for veterans who experience impairment of vision 
in both eyes. The measure would also enhance burial and memorial 
benefits for veterans, and further maintain the integrity of veterans 
benefits by making certain that those in receipt of certain needs-based 
benefits qualify for such benefits.
  Vision impairment is a serious disability that frequently results 
from injuries sustained on the battlefield. We are all aware that 
traumatic brain injuries caused by roadside bombs on the Iraqi highways 
are one of the greatest dangers that our service men and women face in 
Iraq. These injuries are frequently accompanied by damage to the 
individual's vision. As of August of this year, VA had granted service-
connection for vision impairment to 230 veterans of the conflicts in 
Iraq and Afghanistan. These veterans face significant readjustment 
challenges when they return to civilian life. Often, they find that 
they cannot resume the same occupations or daily activities that were 
staples of their lives before their injuries.
  This bill would enhance disability compensation benefits for two 
distinct groups of veterans with impaired vision due to service--those 
with service-connected blindness in one eye who subsequently suffer 
loss of vision in the other eye later in life and those who receive 
special monthly compensation for multiple disabilities, including 
vision impairment. In both cases, this legislation would amend the 
vision impairment criteria used by VA so as to encompass veterans with 
20/200 vision or less, the standard for blindness used by the Social 
Security Administration and the American Medical Association.
  Earlier this session, the House passed a companion bill, H.R. 797, 
the Dr. James Allen Veteran Vision Equity Act, which would make the 
same change to the paired organ vision criteria as S. 1163. I take this 
opportunity to acknowledge the sponsor of that bill, Representative 
Tammy Baldwin of Wisconsin. A long-time ophthalmologist at the VA 
hospital in Madison, WI, Dr. James Allen, brought the issue to 
Representative Baldwin's attention several years ago and she has since 
worked to make the necessary change on behalf of blinded veterans. 
Representative Baldwin and Dr. Allen deserve thanks and credit for 
their efforts on behalf of veterans.
  The amended bill also includes several provisions that would enhance 
burial and memorial benefits for veterans. I will briefly describe 
them.
  The amended bill would permanently authorize VA to provide government 
headstones or markers for the privately-marked graves of veterans 
interred at private cemeteries. Current law authorizes VA to furnish, 
upon request, an appropriate headstone or marker for the grave of an 
eligible individual who died after September 10, 2001, and who is 
buried in a private cemetery, notwithstanding that the grave is marked 
by a headstone or marker furnished at private expense. Thus, in some 
cases, an individual's grave may have two markers--one privately-
purchased and one furnished by VA. Prior to 2001, this authority had 
been suspended for 11 years, making those who died between November 1, 
1990, and September 10, 2001, ineligible for the benefit. Furthermore, 
the current authority is only temporary, set to expire on December 31, 
2007. This bill would address these temporal constraints by eliminating 
the sunset and making the authority permanent, and by making the 
authority retroactive to cover the 11-year gap in current law. In 
addition, this bill would give VA the authority to furnish a new 
medallion or other device that could be placed on an existing grave 
marker in a private cemetery to signify that the deceased was a 
veteran, in lieu of providing a second marker or headstone.
  The amended bill would also repeal the current 2-year window within 
which States must file for reimbursement from VA for the interment or 
inurnment of the unclaimed remains of deceased veterans. To assist 
States in meeting some or all of their cemetery operations and 
maintenance expenses, current law requires VA to pay to States a $300 
plot allowance for the interment or inurnment of eligible veterans and 
reserve component members. In order to receive plot allowance revenue, 
States must currently submit claims within 2 years after the permanent 
burial or cremation of the remains has occurred. However, the 2-year 
window within which States must file can prove difficult to meet in 
situations in which remains are not identified as those of a veteran 
until after the 2-year period has expired.
  Finally, the amended bill would authorize $5 million to cover a 
portion of the operational and maintenance expenses of State cemeteries 
under criteria to be determined by VA. The need to incentivize greater 
participation by States in the State cemetery grant program was 
discussed in a December 19, 2000, VA-contracted report entitled An 
Assessment of the Burial Benefits Administered by the Department of 
Veterans Affairs. The report found that an option for better serving 
veterans and their families was to ``provide maintenance support to 
State veterans cemeteries.''
  I am pleased to advise my colleagues that the provisions in this bill 
are paid for by utilizing the National Directory for New Hires to make 
certain that those in receipt of certain needs-based benefits qualify 
for such benefits. The savings from this provision more than pays for 
the expansion of benefits to veterans that are included in this bill.
  This is a sensible bill that would provide small but important 
improvements to benefits of great importance to many veterans and their 
families. I urge my colleagues to support its passage.
  Mr. BROWN. Madam President, I ask unanimous consent that the 
committee-reported substitute be agreed to; that the bill, as amended, 
be read a third time; that the Veterans' Affairs Committee then be 
discharged of H.R. 797, the House companion, and the Senate then 
proceed to its consideration; that all after the enacting clause be 
stricken, and the text of S. 1163 be inserted in lieu thereof; that the 
bill be advanced to third reading, passed, and the motion to reconsider 
be laid upon the table; that S. 1163 be returned to the calendar; and 
that any statements relating to the bill be printed in the Record, 
without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1163) was ordered to be engrossed for a third reading 
and was read the third time.
  The bill (H.R. 797), as amended, was ordered to a third reading, was 
read the third time and passed.

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