In the Senate of the United States,
November 2, 2007.
Resolved, That the bill from the House of Representa-
tives (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 let-
ter ‘‘V’’ for the graves of eligible individuals buried in private
cemeteries in lieu of Government-provided headstones or
markers.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Blinded Veterans Paired
Organ Act of 2007’’.
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HR 797 EAS
TITLE I—LOW-VISION BENEFITS
MATTERS
SEC. 101. MODIFICATION OF RATE OF VISUAL IMPAIRMENT
FOR PAYMENT OF DISABILITY COMPENSA-
TION.
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 VET-
ERANS 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 ap-
pears 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;’’.
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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:
‘‘§ 5320. Use of National Directory of New Hires for in-
come verification purposes
‘‘(a) INFORMATION FROM NATIONAL DIRECTORY OF
NEW HIRES.—(1) The Secretary shall furnish to the Sec-
retary 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 serv-
ices specified in subsection (d) for comparison with infor-
mation 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 Secu-
rity 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.
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‘‘(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 Direc-
tory of New Hires with information furnished pursu-
ant 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 speci-
fied in paragraphs (1), (2), and (4) of that subsection, for
individuals under the age of 65.
‘‘(5) The Secretary shall reimburse the Secretary of
Health and Human Services for the additional costs in-
curred by that Secretary in furnishing information under
this subsection. Such reimbursement shall be at rates that
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HR 797 EAS
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 Sec-
retary shall notify each applicant for, or recipient of, a ben-
efit or service specified in subsection (d) that income infor-
mation 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 sub-
section.
‘‘(c) INDEPENDENT VERIFICATION REQUIRED.—The
Secretary may terminate, deny, suspend, or reduce any ben-
efit or service described in subsection (d) by reason of infor-
mation obtained from the Secretary of Health and Human
Services under subsection (a) only if the Secretary takes ap-
propriate steps to verify independently information relating
to employment and income from employment.
‘‘(d) COVERED BENEFITS AND SERVICES.—The bene-
fits and services specified in this subsection are the fol-
lowing:
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‘‘(1) Needs-based pension benefits provided under
chapter 15 of this title or under any other law ad-
ministered by the Secretary.
‘‘(2) Parents’ dependency and indemnity com-
pensation provided under section 1315 of this title.
‘‘(3) Health-care services furnished under sub-
sections (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 per-
cent disabling under the rating schedule.
‘‘(e) OPPORTUNITY TO CONTEST FINDINGS.—The Sec-
retary shall inform the individual of the findings made by
the Secretary on the basis of verified information under sub-
section (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 SEC-
TION.—The Secretary shall pay the expenses of carrying out
this section from amounts available to the Department for
the payment of compensation and pensions.
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‘‘(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 MARK-
ERS.
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 Sec-
retary to signify the deceased’s status as a veteran to be
affixed to a headstone or marker purchased at private ex-
pense.’’.
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SEC. 202. INCREASE IN ASSISTANCE FOR VETERANS IN-
TERRED IN CEMETERIES OTHER THAN NA-
TIONAL 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 sub-
paragraph (A) of this paragraph, by striking
‘‘assist such State in establishing, expanding, or
improving veterans’ cemeteries owned by such