[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 797 Enrolled Bill (ENR)]
:\HSEENR\h797--enr.xml [file 1 of 1]
H.R.797
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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421fc772172ebd4afd210e11e999115eb08432b76d7bd84ffa757012b412d6c9

TITLE I

-LOW-VISION BENEFITS MATTERS

impairment of vision involving both eyes.

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TITLE II

-MATTERS RELATING TO BURIAL AND MEMORIAL AFFAIRS

the interment of veterans in cemeteries other than national
cemeteries.

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headstones and markers for burials of veterans at private
cemeteries.

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TITLE III

-OTHER MATTERS

provide an educational assistance allowance to persons
performing qualifying work-study activities.

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DISABILITY COMPENSATION.
Section 1114(o) of title 38, United States Code, is amended by
striking ``5/200'' and inserting ``20/200''.

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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;''.

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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.''.

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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.
``(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.

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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.

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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.''.

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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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Dr. James Allen Veteran Vision Equity Act — HR. 797

Other Sections

TITLE I

TITLE II

TITLE III

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