Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2007

Mr. Speaker, I thank Chairman Filner.

I rise in strong support of H. Res. 855, the Dr. James Allen Veteran Vision Equity Act that I introduced earlier this year. This bill fixes an inequity in the current paired organ statute that has resulted in a denial of appropriate disability compensation to blinded veterans.

Congress has rightly recognized that some human organs or limbs are designed to work in pairs: legs, hands, kidneys, lungs, ears and, of course, eyes. In the instance of eyes, blindness in one eye profoundly affects depth perception even if sight is fully retained in the other eye. The paired organ statute was written to assist those veterans who experience a service-connected loss of a paired organ or limb. The statute recognizes the interdependency of paired organs and endeavors to treat the combined disability created by a nonservice-connected loss, injury or degeneration of the remaining paired organ or limb as though it was the result of a service-connected disability. In general, the paired organ statute accomplishes this task, with the exception of its treatment of eyes and loss of sight.

I want to share with you the story of Dr. James Allen, after whom this legislation is named. Dr. Allen is a professor of ophthalmology at the University of Wisconsin School of Medicine in my district. He has worked at the Veterans Affairs Hospital for 33 years and treated numerous eye patients, including veterans who are blind.

One example is Mr. Donald May. Don is a World War II veteran who lost his right eye in a hand grenade explosion. A few years ago, Mr. May became legally blind in the nonservice-connected left eye. He applied to the Department of Veterans Affairs for help and was denied further benefits. He was told that the current law in regard to paired organs did not apply to him, even though he was legally blind in his service- connected right eye.

After Dr. Allen brought the plight of his patients to my attention, I began to research why these veterans were being denied the benefits I felt they deserved, benefits that I believe Congress intended to grant them. Through my work with the Blinded Veterans Association, we discovered that while the current paired organ statute covers blindness, in practice few, if any, veterans have ever been able to qualify for such compensation.

In theory, the statute provides that a veteran who is service- connected for blindness in one eye could qualify for additional disability compensation if they become blind in the remaining eye for nonservice-connected reasons. However, the statute does not define the term ``blindness,'' nor is any provision made for impairment of vision in the nonservice-connected eye short of blindness.

Rather than using visual acuity of 20/200 or loss of field of vision to 20 degrees as the definition of legal blindness that has been adopted by all 50 States and the Social Security Administration, the Department of Veterans Affairs uses a much more restrictive definition, 5/200, as a rating for legal blindness, which in rough layman's term is the equivalent of having an eye with light perception only. As a result, few, if any, blinded veterans are able to qualify for additional compensation under the paired organ statute.

H. Res. 855, the Dr. James Allen Veterans Vision Equity Act, fixes this problem. It defines blindness as impairment of vision where the impairment is to a visual acuity of 20/200 or less or of a peripheral field loss of vision of 20 degrees or less. This change in the law would only affect a small percentage, estimated to be roughly 5 percent of the 13,000-plus veterans who are service-connected for loss of vision in one eye. Yet such a change would send a powerful message that our Nation's blinded veterans and the hardships that they have faced are not forgotten.

Indeed, our Nation's blinded veterans face significant challenges in the labor market. The National Institute on Disability and Rehabilitation Research found that for individuals with visual impairments, to the extent that they are unable to read letters, the employment rate is only 30.8 percent, compared to 82.1 percent for those without disability.

I want to mention that this resolution complies with the PAYGO rules. The costs associated with H. Res. 855 are fully offset. This bill directs the Secretary of Veterans Affairs and the Secretary of Health and Human Services to match and compare VA needs-based pension benefits data, parents' dependency and indemnity compensation data, health care services data and unemployability compensation data with the National Directory of New Hires maintained by DHHS, for the purpose of determining eligibility for such benefits and services. According to the GAO, such data matching will help reduce fraud and abuse within the VA system as it determines eligibility and benefits to those veterans thought to be unemployable but are indeed working.

I would like to just thank Chairman Filner, Subcommittee Chairman John Hall, as well as Congressmen John Boozman and Vic Snyder for their unwavering support of this bill. I also want to thank the staff of the Veterans' Affairs Committee for their help in advancing this legislation.

H. Res. 855 is a modest but important step in restoring fair treatment to those veterans blinded due to their service to our country and to further our commitment to them. Their sacrifices and their service to this Nation should be matched by our desire to improve the quality of life for them and their families.

Earlier this year, the Blinded Veterans Association had found over 200 soldiers returning from Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom who are blinded in one eye due to their service-related injuries. They could be benefited in the future by this legislation.

I strongly encourage all my colleagues to support H. Res. 855.

Mr. Speaker, I rise in strong support of H. Res. 855, which would amend H.R. 797, the Dr. James Allen Veterans Vision Equity Act, as amended by the other body. I would like to thank my colleagues, Chairman Filner, Ranking Member Buyer, Mr. Boozman of Arkansas and Ms. Baldwin of Wisconsin, for their efforts on this bill. On March 21 of this year, this body

passed H.R. 797 with a unanimous vote of 424-0, and I am pleased to support it.

The first title of this resolution would allow veterans who receive veterans disability compensation for impairment of vision in one eye to be eligible to receive additional disability compensation for impairment of vision in the eye that is not service connected. This eligibility includes situations where the impairment in each eye is to a visual acuity of 20/200 or less, or of a peripheral field loss of 20 degrees or less. This is the same definition of legal blindness adopted by all 50 States and the Social Security Administration.

Title II of H.R. 797 incorporates several sections of H.R. 2696, the Veterans Dignified Burial Assistance Act of 2007, which I introduced in June to improve VA burial benefits and State veterans cemeteries.

From time to time, Mr. Speaker, a State locates the remains of veterans who were not interred at the time of their death for various reasons. When States inter these veterans, they cannot be reimbursed by VA because of the time limit on reimbursement costs. This legislation would repeal this limitation and helps ensure that all veterans will receive a proper interment with the honor and respect that they have earned.

Title II would also authorize the Secretary of the VA to make additional grants to States for improving and expanding State veteran cemeteries. States would be required to submit an application to the Secretary for this funding, of which the aggregate amount authorized for all State grants is $5 million.

The final provision of title II would provide families with the option of placing a medallion on a deceased veteran's grave denoting veteran status, in lieu of a VA headstone for graves already marked by a private marker.

Mr. Speaker, many private cemeteries do not allow a second marker on a grave site because it complicates routine maintenance. Therefore, a medallion would identify a veteran's grave in a manner that would be universally acceptable and would meet the family's desire to honor the deceased veteran and will be one more reminder to everybody of the sacrifices made by veterans. This provision is very similar to an amendment that I offered at the full committee markup of H.R. 797, and I'm very pleased to support it again now.

While not the specific intent of the provision, veterans' families may benefit financially from this measure. Currently, VA offers second markers for veterans' graves that already have a privately procured marker. While there is no cost for the markers, mounting of these second markers is at the family's expense, usually several times the cost of the stone itself. Since the new medallion could be applied directly to the current marker with an industrial-grade adhesive, families will be able to apply the medallion on their own, allowing them to avoid significant mounting costs.

Mr. Speaker, title III of the resolution extends the use of the New Hires Act and would save the government money by allowing the Secretary of Veterans Affairs to consult with the Secretary of Health and Human Services regarding unemployment compensation data in order to determine eligibility for VA needs-based pension benefits.

The Congressional Budget Office informally estimates that this section of the resolution would save the taxpayers $30 million over 10 years. I would note that this savings funds the vision, burial and work study provisions in this bill.

Also included in title III is a provision that extends work study jobs at VA through June 2009. Current law allows work study recipients to perform a variety of duties throughout the VA, as well as veteran- related paperwork at their schools.

Congress extended the provision for 6 months in PL 109-461 to prevent canceling benefits in the middle of the school year. I'm pleased that we're able to extend this provision even further in this bill.

Mr. Speaker, I urge my colleagues to support H. Res. 855, which would amend H.R. 797, as amended.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield such time as he may consume to my colleague, the gentleman from Arkansas (Mr. Boozman).

I want to thank the gentleman from Arkansas for his remarks.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 855) providing for the concurrence by the House in the Senate amendment to H.R. 797, with amendments.

Mr. Speaker, I rise in support of the Dr. James Allen Veteran Vision Equity Act of 2007.

I was glad to be able to work with my colleagues on the Committee on Veterans' Affairs, on both sides of the aisle and in both Houses, to get here. I want to thank Mr. Rangel and his staff for their guidance on the provision that fell under the jurisdiction of the Ways and Means Committee.

I especially want to thank our colleague from Madison, Wisconsin, Congresswoman Tammy Baldwin, who led the effort for this, who got it to the floor today and who will explain it in whatever detail she thinks is important.

I note that this bill was previously introduced in the last Congress; however, it never became law. I am glad this Congress has the opportunity to do more for our blind and vision impaired veterans.

The Dr. James Allen Veteran Vision Equity Act of 2007, named after a noted physician and ocular pioneer who worked for over 35 years in the VA, would allow veterans who receive veterans' disability compensation for impairment of vision in one eye to be eligible to receive additional disability compensation for impairment of vision in the eye that is not service-connected, where the impairment in each eye is to a visual acuity of 20/200 or less or of a peripheral field of 20 degrees or less (the definition of ``legal blindness'' adopted by all 50 states and the Social Security Administration.)

H.R. 797 also directs the Secretary of Veterans Affairs and the Secretary of Health and Human Services to match and compare VA needs- based pension benefits data, parents' dependency and indemnity compensation data, health-care services data, and unemployability compensation data with the National Directory of New Hires maintained by DHHS, for the purpose of determining eligibility for such benefits and services.

It would also authorize $5 million for establishing, improving and expanding for the operation and maintenance of state-owned veterans' cemeteries. Additionally, the bill will repeal the time limitation for States to file for reimbursement costs for interring unclaimed veterans' remains, making it retroactive to October 1, 2006.

Finally, this measure extends the authorization of the veterans work study program until 2010.

This bill affects an estimated 5 percent of the 13,109 veterans who have service-connected blindness or loss of vision in one eye. As of September 17, 2007, 1,129 service members have sustained serious eye wounds in combat according to the Defense Armed Forces Institute of Surgical Pathology (any of which may later lead to blindness).

Also, it is reported that many of the over 4,400 traumatic brain- injured OIF/OEF servicemembers will likely suffer from serious vision- related complications and at least 57 percent of all eye injuries of this war are caused by lED explosions.

Walter Reed Army Medical Center alone has treated close to 540 Operation Enduring Freedom/Operation Iraqi Freedom service members for visual injuries and over 230 of our soldiers unfortunately have sustained legal blindness in one eye.

It is worth noting, that in 2002, Congress passed and the President signed Public Law 107-330, which included a provision to correct a similar deficiency in the Paired Organ law for hearing loss. In 2006, the Committee on Veterans' Affairs held a legislative hearing and received favorable testimony on H.R. 2963, a bill similar to H.R. 797. In that hearing, the VA supported H.R. 2963.

This is important and meaningful legislation for our men and women in uniform--who have fought and are fighting for our country.

I urge my colleagues to support passage of this resolution and urge swift consideration of the Dr. James Allen Veteran Vision Equity Act of 2007 by the Senate before the end of this session of Congress.

Mr. Speaker, I yield whatever time she may consume to the gentlewoman from Wisconsin (Ms. Baldwin).

I reserve the balance of my time, Mr. Speaker.

Mr. Speaker, at this time I will include in the Record an article published in the Ophthalmic News on protective eye gear, and I urge my colleagues to unanimously support this resolution.

[From Ophthalmology Times, May 1, 2007]

Protective Eye Gear Essential for Modern Soldier: Ocular Injuries Have

Climbed to Number 4 Slot Behind Amputation, Traumatic Brain Injury,

Madam Speaker, I rise today to speak on an important piece of legislation that I have authored, H.R. 2963, The Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2007. This legislation will place 1,178 acres of land currently maintained by the Bureau of Land Management, BLM, into trust for the Pechanga Band of Luiseno Mission Indians to manage and maintain. These lands are part of the Pechanga tribe's ancestral lands and contain numerous cultural, historical, and religious elements of importance to them.

Specifically, I want to discuss Section 2(h) of the bill, which is entitled ``Restricted Use of Transferred Lands.''

(h) Restricted Use of Transferred Lands.--

(1) In general.--The lands transferred under subsection (a)

may be used only for the protection, preservation, and

maintenance of the archaeological, cultural, and wildlife

resources thereon.

(2) No roads.--There shall be no roads other than for

maintenance purposes constructed on the lands transferred

under subsection (a).

When the restrictive language in this section was initially added to H.R. 4908, the original version of the bill I introduced in the 108th Congress, it was at the request of former House Resources Committee Chairman Richard Pombo. It was added during the markup of the bill on September 22, 2004, with the purpose of ensuring that no commercial, casino or gaming related development would take place on the lands designated for transfer within the bill, and that those lands would be maintained as open space for the preservation, protection, and maintenance of the archaeological, cultural and wildlife resources thereon. The development restrictions were added with the assent of representatives of the Pechanga tribal government and myself as author of the legislation

Since I reintroduced this bill in the 110th Congress, my intent for this section has not changed. In fact, development restrictions within the bill were strengthened further with the addition of a prohibition of the construction of any roads upon the transferred land other than for the purpose of maintenance of archaeological, cultural and wildlife resources.

It is my intention as the author of H.R. 2963 that the legislation prohibit commercial, casino or gaming related construction or development on the lands designated in this bill, and that they be preserved as open space. I believe that the restrictions on the use of transferred lands included in this bill are a clear expression of this intent. Additionally, I have conferred with the Solicitor General's Office of the Department of the Interior who state that the wording of Section 2(h) implements this intent and the land use restrictions are enforceable by the Department of the Interior.

Mr. Speaker, I ask unanimous consent that the Committee on Natural Resources be discharged from further consideration of the bill (H.R. 2963) to transfer certain land in Riverside County, California, and San Diego County, California, from the Bureau of Land Management to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians, and for other purposes, and ask for its immediate consideration in the House.

Mr. Speaker, preserving tribal cultures is a fundamental aspect of the United States' trust responsibility to Indian tribes and is key to the survival of Native America. The Federal government can begin to meet this responsibility by transferring land that is an integral part of a tribe's culture to the tribe. This measure does just that.

Introduced by my friend from the other side of the aisle, Representative Darrell Issa, this measure would transfer land administered by the Bureau of Land Management to be held in trust for the Pechanga Band in California. The land contains sites and plants integral to the Tribe's culture and religion.

Because of the importance of the land to the cultural survival of the Tribe, the legislation requires that the land may only be used for the protection, preservation, and maintenance of archaeological, cultural, and wildlife resources. Only maintenance roads may be constructed and the land must be administered in accordance with a memorandum of understanding between the Tribe and the United States Fish and Wildlife Service.

The pending measure would also transfer approximately 12 acres to the San Diego Gas and Electric Company, which has an unauthorized electric line on part of the land. The land will be transferred only upon payment of fair market value for the land, plus payment for the past unauthorized use of the land.

Last Congress, a similar measure passed the House, and I would note that this measure is supported by the City of Temecula, and the Riverside County Board of Supervisors.

I urge my colleagues to support this measure.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.