[Congressional Record Volume 153, Number 193 (Monday, December 17, 2007)]
[Senate]
[Pages S15786-S15787]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           DR. JAMES ALLEN VETERAN VISION EQUITY ACT OF 2007

  Mr. DODD. Mr. President, I ask unanimous consent that the Chair lay 
before the Senate a message from the House with respect to H.R. 797, 
the Veterans Vision Impairment.
  The Presiding Officer (Mr. Sanders) laid before the Senate the 
following message:

                                H.R. 797

       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 amendments:

       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.

[[Page S15787]]

       ``(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.''.

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendments to the Senate amendment, and the motion 
to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________