II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Blinded Veterans 

3 Paired Organ Act of 2007’’. 

4 SEC. 2. IMPROVEMENT IN COMPENSATION AND SPECIALLY 

5 ADAPTED HOUSING FOR VETERANS IN CER6 TAIN CASES OF IMPAIRMENT OF VISION IN7 VOLVING BOTH EYES. 

8 (a) COMPENSATION BENEFITS.—Section 1160(a)(1) 

9 of title 38, United States Code, is amended— 

10 (1) by striking ‘‘blindness’’ both places it ap11 pears and inserting ‘‘impairment of vision’’; and 

12 (2) by striking ‘‘misconduct;’’ and inserting 

13 ‘‘misconduct if— 

14 ‘‘(A) the impairment of vision in each eye 

15 is rated at a visual acuity of 20/200 or less; or 

16 ‘‘(B) the peripheral field of vision for each 

17 eye is 20 degrees or less;’’. 

18 (b) SPECIALLY ADAPTED HOUSING.—Section 

19 2101(b)(2)(A) of such title is amended by striking ‘‘eyes 

20 with 5/200 visual acuity or less.’’ and inserting ‘‘eyes— 

21 ‘‘(i) with 20/200 visual acuity or less; or 

22 ‘‘(ii) with a peripheral field of vision of 20 

23 degrees or less.’’. 


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1 SEC. 3. USE OF NATIONAL DIRECTORY OF NEW HIRES FOR 

2 INCOME VERIFICATION PURPOSES FOR CER3 TAIN VETERANS BENEFITS. 

4 (a) USE OF INFORMATION IN NATIONAL DIRECTORY

5 OF NEW HIRES.—Chapter 53 of title 38, United States 

6 Code, is amended by adding at the end the following new 

7 section: 

8 ‘‘§ 5320. Use of National Directory of New Hires for 

9 income verification purposes 

10 ‘‘(a) INFORMATION FROM NATIONAL DIRECTORY OF

11 NEW HIRES.—(1) The Secretary shall furnish to the Sec12 retary of Health and Human Services information in the 

13 custody of the Secretary on individuals under the age of 

14 65 who are applicants for or recipients of benefits or serv15 ices specified in subsection (d) for comparison with infor16 mation on such individuals in the National Directory of 

17 New Hires maintained by the Secretary of Health and 

18 Human Services pursuant to section 453 of the Social Se19 curity Act (42 U.S.C. 653). The Secretary shall furnish 

20 the information on a quarterly basis or at such other inter21 vals as may be determined by the Secretary. 

22 ‘‘(2) The Secretary shall furnish information under 

23 paragraph (1) with respect to any individual only if doing 

24 so is essential to determine the individual’s eligibility for 

25 benefits and services specified in subsection (d) or the 


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1 amount of benefits specified in paragraphs (1), (2), and 

2 (4) of subsection (d), to which the individual is entitled. 

3 ‘‘(3)(A) The Secretary of Health and Human Serv4 ices shall, in cooperation with the Secretary and in accord5 ance with this subsection— 

6 ‘‘(i) compare information in the National Direc7 tory of New Hires with information furnished pursu8 ant to paragraph (1); and 

9 ‘‘(ii) disclose information in that directory to 

10 the Secretary for the purposes specified in this sub11 section. 

12 ‘‘(B) The Secretary of Health and Human Services 

13 may make a disclosure in accordance with subparagraph 

14 (A) only to the extent that the Secretary of Health and 

15 Human Services determines that such disclosure does not 

16 interfere with the effective operation of the program under 

17 part D of title IV of the Social Security Act (42 U.S.C. 

18 651 et seq.). 

19 ‘‘(4) The Secretary may use information resulting 

20 from a data match pursuant to this subsection only for 

21 the purpose of determining eligibility for benefits and serv22 ices specified in subsection (d), and the amount of benefits 

23 specified in paragraphs (1), (2), and (4) of that sub24 section, for indivudals under the age of 65. 


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1 ‘‘(5) The Secretary shall reimburse the Secretary of 

2 Health and Human Services for the additional costs in3 curred by that Secretary in furnishing information under 

4 this subsection. Such reimbursement shall be at rates that 

5 the Secretary of Health and Human Services determines 

6 to be reasonable (and shall include payment for the costs 

7 of obtaining, verifying, maintaining, and comparing the in8 formation). 

9 ‘‘(b) NOTIFICATION TO BENEFICIARIES.—The Sec10 retary shall notify each applicant for, or recipient of, a 

11 benefit or service specified in subsection (d) that income 

12 information furnished by the applicant to the Secretary 

13 may be compared with information obtained by the Sec14 retary from the Secretary of Health and Human Services 

15 under subsection (a). The Secretary shall periodically 

16 transmit to recipients of such benefits additional notices 

17 under this subsection. 

18 ‘‘(c) INDEPENDENT VERIFICATION REQUIRED.—The 

19 Secretary may terminate, deny, suspend, or reduce any 

20 benefit or service described in subsection (d) by reason of 

21 information obtained from the Secretary of Health and 

22 Human Services under subsection (a) only if the Secretary 

23 takes appropriate steps to verify independently informa24 tion relating to employment and income from employment. 


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1 ‘‘(d) COVERED BENEFITS AND SERVICES.—The ben2 efits and services specified in this subsection are the fol3 lowing: 

4 ‘‘(1) Needs-based pension benefits provided 

5 under chapter 15 of this title or under any other law 

6 administered by the Secretary. 

7 ‘‘(2) Parents’ dependency and indemnity com8 pensation provided under section 1315 of this title. 

9 ‘‘(3) Health-care services furnished under sub10 sections (a)(2)(G), (a)(3), and (b) of section 1710 of 

11 this title. 

12 ‘‘(4) Compensation paid under chapter 11 of 

13 this title at the 100 percent rate based solely on 

14 unemployability and without regard to the fact that 

15 the disability or disabilities are not rated as 100 per16 cent disabling under the rating schedule. 

17 ‘‘(e) OPPORTUNITY TO CONTEST FINDINGS.—The 

18 Secretary shall inform the individual of the findings made 

19 by the Secretary on the basis of verified information under 

20 subsection (c), and shall give the individual an opportunity 

21 to contest such findings in the same manner as applies 

22 to other information and findings relating to eligibility for 

23 the benefit or service involved. 

24 ‘‘(f) SOURCE OF FUNDS FOR ADMINISTRATION OF

25 SECTION.—The Secretary shall pay the expenses of carVerDate Aug 31 2005 07:34 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1163.RS S1163

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1 rying out this section from amounts available to the De2 partment for the payment of compensation and pensions. 

3 ‘‘(g) TERMINATION OF AUTHORITY.—The authority 

4 of the Secretary to obtain information from the Secretary 

5 of Health and Human Services under subsection (a) ex6 pires on September 30, 2012.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by adding 

9 at the end the following new item: 

‘‘5320. Use of National Directory of New Hires for income verification purposes.’’. 

10 (c) EFFECTIVE DATE.—Section 5320 of title 38, 

11 United States Code, as added by subsection (a), shall take 

12 effect 270 days after the date of the enactment of this 

13 Act. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Blinded Veterans Paired 

16 Organ Act of 2007’’. 

17 TITLE I—LOW-VISION BENEFITS 

18 MATTERS 

19 SEC. 101. MODIFICATION OF RATE OF VISUAL IMPAIRMENT 

20 FOR PAYMENT OF DISABILITY COMPENSA21 TION. 

22 Section 1114(o) of title 38, United States Code, is 

amended by striking ‘‘5⁄200’’ and inserting ‘‘20 23 ⁄200’’. 


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1 SEC. 102. IMPROVEMENT IN COMPENSATION FOR VET2 ERANS IN CERTAIN CASES OF IMPAIRMENT 

3 OF VISION INVOLVING BOTH EYES. 

4 Section 1160(a)(1) of title 38, United States Code, is 

5 amended— 

6 (1) by striking ‘‘blindness’’ both places it ap7 pears and inserting ‘‘impairment of vision’’; and 

8 (2) by striking ‘‘misconduct;’’ and inserting 

9 ‘‘misconduct if— 

10 ‘‘(A) the impairment of vision in each eye 

11 is rated at a visual acuity of 20/200 or less; or 

12 ‘‘(B) the peripheral field of vision for each 

13 eye is 20 degrees or less;’’. 

14 SEC. 103. USE OF NATIONAL DIRECTORY OF NEW HIRES 

15 FOR INCOME VERIFICATION PURPOSES FOR 

16 CERTAIN VETERANS BENEFITS. 

17 (a) USE OF INFORMATION IN NATIONAL DIRECTORY OF

18 NEW HIRES.—Chapter 53 of title 38, United States Code, 

19 is amended by adding at the end the following new section: 

20 ‘‘§ 5320. Use of National Directory of New Hires for in21 come verification purposes 

22 ‘‘(a) INFORMATION FROM NATIONAL DIRECTORY OF

23 NEW HIRES.—(1) The Secretary shall furnish to the Sec24 retary of Health and Human Services information in the 

25 custody of the Secretary on individuals under the age of 

26 65 who are applicants for or recipients of benefits or servVerDate Aug 31 2005 07:34 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1163.RS S1163

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1 ices specified in subsection (d) for comparison with infor2 mation on such individuals in the National Directory of 

3 New Hires maintained by the Secretary of Health and 

4 Human Services pursuant to section 453 of the Social Secu5 rity Act (42 U.S.C. 653). The Secretary shall furnish the 

6 information on a quarterly basis or at such other intervals 

7 as may be determined by the Secretary. 

8 ‘‘(2) The Secretary shall furnish information under 

9 paragraph (1) with respect to any individual only if doing 

10 so is essential to determine the individual’s eligibility for 

11 benefits and services specified in subsection (d) or the 

12 amount of benefits specified in paragraphs (1), (2), and (4) 

13 of subsection (d), to which the individual is entitled. 

14 ‘‘(3)(A) The Secretary of Health and Human Services 

15 shall, in cooperation with the Secretary and in accordance 

16 with this subsection— 

17 ‘‘(i) compare information in the National Direc18 tory of New Hires with information furnished pursu19 ant to paragraph (1); and 

20 ‘‘(ii) disclose information in that directory to the 

21 Secretary for the purposes specified in this subsection. 

22 ‘‘(B) The Secretary of Health and Human Services 

23 may make a disclosure in accordance with subparagraph 

24 (A) only to the extent that the Secretary of Health and 

25 Human Services determines that such disclosure does not 


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1 interfere with the effective operation of the program under 

2 part D of title IV of the Social Security Act (42 U.S.C. 

3 651 et seq.). 

4 ‘‘(4) The Secretary may use information resulting 

5 from a data match pursuant to this subsection only for the 

6 purpose of determining eligibility for benefits and services 

7 specified in subsection (d), and the amount of benefits speci8 fied in paragraphs (1), (2), and (4) of that subsection, for 

9 indivudals under the age of 65. 

10 ‘‘(5) The Secretary shall reimburse the Secretary of 

11 Health and Human Services for the additional costs in12 curred by that Secretary in furnishing information under 

13 this subsection. Such reimbursement shall be at rates that 

14 the Secretary of Health and Human Services determines 

15 to be reasonable (and shall include payment for the costs 

16 of obtaining, verifying, maintaining, and comparing the 

17 information). 

18 ‘‘(b) NOTIFICATION TO BENEFICIARIES.—The Sec19 retary shall notify each applicant for, or recipient of, a ben20 efit or service specified in subsection (d) that income infor21 mation furnished by the applicant to the Secretary may 

22 be compared with information obtained by the Secretary 

23 from the Secretary of Health and Human Services under 

24 subsection (a). The Secretary shall periodically transmit to 


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1 recipients of such benefits additional notices under this sub2 section. 

3 ‘‘(c) INDEPENDENT VERIFICATION REQUIRED.—The 

4 Secretary may terminate, deny, suspend, or reduce any ben5 efit or service described in subsection (d) by reason of infor6 mation obtained from the Secretary of Health and Human 

7 Services under subsection (a) only if the Secretary takes ap8 propriate steps to verify independently information relating 

9 to employment and income from employment. 

10 ‘‘(d) COVERED BENEFITS AND SERVICES.—The bene11 fits and services specified in this subsection are the fol12 lowing: 

13 ‘‘(1) Needs-based pension benefits provided under 

14 chapter 15 of this title or under any other law ad15 ministered by the Secretary. 

16 ‘‘(2) Parents’ dependency and indemnity com17 pensation provided under section 1315 of this title. 

18 ‘‘(3) Health-care services furnished under sub19 sections (a)(2)(G), (a)(3), and (b) of section 1710 of 

20 this title. 

21 ‘‘(4) Compensation paid under chapter 11 of this 

22 title at the 100 percent rate based solely on 

23 unemployability and without regard to the fact that 

24 the disability or disabilities are not rated as 100 per25 cent disabling under the rating schedule. 


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1 ‘‘(e) OPPORTUNITY TO CONTEST FINDINGS.—The Sec2 retary shall inform the individual of the findings made by 

3 the Secretary on the basis of verified information under sub4 section (c), and shall give the individual an opportunity 

5 to contest such findings in the same manner as applies to 

6 other information and findings relating to eligibility for the 

7 benefit or service involved. 

8 ‘‘(f) SOURCE OF FUNDS FOR ADMINISTRATION OF SEC9 TION.—The Secretary shall pay the expenses of carrying out 

10 this section from amounts available to the Department for 

11 the payment of compensation and pensions. 

12 ‘‘(g) TERMINATION OF AUTHORITY.—The authority of 

13 the Secretary to obtain information from the Secretary of 

14 Health and Human Services under subsection (a) expires 

15 on September 30, 2012.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections at 

17 the beginning of such chapter is amended by adding at the 

18 end the following new item: 

‘‘5320. Use of National Directory of New Hires for income verification purposes.’’. 

19 (c) EFFECTIVE DATE.—Section 5320 of title 38, 

20 United States Code, as added by subsection (a), shall take 

21 effect 270 days after the date of the enactment of this Act. 


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1 TITLE II—BURIAL AND 

2 MEMORIAL AFFAIRS MATTERS 

3 SEC. 201. PROVISION OF MEDALLION OR OTHER DEVICE 

4 FOR PRIVATELY PURCHASED GRAVE MARK5 ERS. 

6 Section 2306(d) of title 38, United States Code, is 

7 amended by adding at the end the following new paragraph: 

8 ‘‘(5) The Secretary may, upon request, furnish in lieu 

9 of a headstone or marker authorized by this subsection a 

10 medallion or other device of a design determined by the Sec11 retary to signify the deceased’s status as a veteran to be 

12 affixed to a headstone or marker purchased at private ex13 pense.’’. 

14 SEC. 202. INCREASE IN ASSISTANCE FOR VETERANS IN15 TERRED IN CEMETERIES OTHER THAN NA16 TIONAL CEMETERIES. 

17 (a) REPEAL OF TIME LIMITATION FOR STATE FILING

18 FOR REIMBURSEMENT FOR INTERMENT COSTS.— 

19 (1) IN GENERAL.—The second sentence of section 

20 3.1604(d)(2) of title 38, Code of Federal Regulations, 

21 shall have no further force or effect as it pertains to 

22 unclaimed remains of a deceased veteran. 

23 (2) RETROACTIVE APPLICATION.—The provision 

24 of paragraph (1) shall take effect as of October 1, 

25 2006. 


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1 (b) GRANTS FOR OPERATION AND MAINTENANCE OF

2 STATE VETERANS’ CEMETERIES.— 

3 (1) IN GENERAL.—Subsection (a) of section 2408 

4 of title 38, United States Code, is amended— 

5 (A) by inserting ‘‘(1)’’ before ‘‘Subject to’’; 

6 (B) by designating the second sentence as 

7 paragraph (2) and indenting the margin of such 

8 paragraph, as so designated, two ems from the 

9 left margin; and 

10 (C) in paragraph (1), as designated by sub11 paragraph (A) of this paragraph, by striking 

12 ‘‘assist such State in establishing, expanding, or 

13 improving veterans’ cemeteries owned by such 

14 State.’’ and inserting ‘‘assist such State in the 

15 following: 

16 ‘‘(A) Establishing, expanding, or improving vet17 erans’ cemeteries owned by such State. 

18 ‘‘(B) Operating and maintaining such ceme19 teries.’’. 

20 (2) LIMITATION ON AMOUNTS AWARDED.—Sub21 section (e) of such section is amended— 

22 (A) by inserting ‘‘(1)’’ before ‘‘Amounts’’; 

23 and 

24 (B) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(2) In any fiscal year, the aggregate amount of grants 

2 awarded under this section for the purposes specified in sub3 section (a)(1)(B) may not exceed $5,000,000.’’. 

4 (3) CONFORMING AMENDMENTS.—(A) Subsection 

5 (b) of such section is amended— 

6 (i) by striking ‘‘Grants under this section’’ 

7 and inserting ‘‘Grants under this section for the 

8 purposes described in subsection (a)(1)(A)’’; and 

9 (ii) by striking ‘‘a grant under this section’’ 

10 each place it appears and inserting ‘‘such a 

11 grant’’. 

12 (B) Subsection (d) of such section is amended by 

13 inserting ‘‘, or in operating and maintaining a vet14 erans’ cemetery,’’ after ‘‘veterans’ cemetery’’. 

15 (C) Subsection (f)(1) of such section is amended 

16 by inserting ‘‘, or in operating and maintaining vet17 erans’ cemeteries,’’ after ‘‘veterans’ cemeteries’’. 

18 (4) REGULATIONS.—Not later than 180 days 

19 after the date of the enactment of this Act, the Sec20 retary of Veterans Affairs shall prescribe regulations 

21 to carry out the amendments made by this subsection. 


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1 SEC. 203. MODIFICATION OF AUTHORITIES ON PROVISION 

2 OF GOVERNMENT HEADSTONES AND MARK3 ERS FOR BURIALS OF VETERANS AT PRIVATE 

4 CEMETERIES. 

5 (a) REPEAL OF EXPIRATION OF AUTHORITY.—Sub6 section (d) of section 2306 of title 38, United States Code, 

7 as amended by section 201 of this Act, is further amended— 

8 (1) by striking paragraph (3); and 

9 (2) by redesignating paragraphs (4) and (5) (as 

10 added by section 201) as paragraphs (3) and (4), re11 spectively. 

12 (b) RETROACTIVE EFFECTIVE DATE.—Notwith13 standing subsection (d) of section 502 of the Veterans Edu14 cation and Benefits Expansion Act of 2001 (Public Law 

15 107–103; 115 Stat. 995; 38 U.S.C. 2306 note), the amend16 ments made to section 2306(d) of title 38, United States 

17 Code, by such section 502 and the amendments made by 

18 section 402 of the Veterans Benefits, Health Care, and In19 formation Technology Act of 2006 (Public Law 109–461), 

20 other than the amendment made by subsection (e) of such 

21 section 402, shall take effect as of November 1, 1990, and 

22 shall apply with respect to the graves of individuals who 

23 have died on or after that day. 


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Calendar No. 328 

110TH CONGRESS 

1ST SESSION S. 1163 

[Report No. 110

–143] 

A BILL 

To amend title 38, United States Code, to improve 

verification purposes. the National Directory of New Hires for income involving both eyes, and to provide for the use of veterans in certain cases of impairment of vision compensation and specially adapted housing for 

AUGUST 3, 2007 

Reported with an amendment 


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