[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Pages H6088-H6094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS FIDUCIARY REFORM AND HONORING NOBLE SERVICE ACT
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 5948) to amend title 38, United States Code, to
improve the supervision of fiduciaries of veterans under the laws
administered by the Secretary of Veterans Affairs, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5948
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Fiduciary Reform and Honoring Noble Service Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Improvement of fiduciaries for veterans.
Sec. 3. Establishment of Place of Remembrance at Arlington National
Cemetery.
Sec. 4. Furnishing caskets and urns for deceased veterans with no known
next of kin.
Sec. 5. Improved communication between Department of Veterans Affairs
and medical examiners and funeral directors.
Sec. 6. Report on compliance of Department of Veterans Affairs with
industry standards for caskets and urns.
Sec. 7. Exclusion of persons convicted of committing certain sex
offenses from interment or memorialization in national
cemeteries, Arlington National Cemetery, and certain
State veterans' cemeteries and from receiving certain
funeral honors.
Sec. 8. Veterans freedom of conscience protection.
Sec. 9. Provision of access to case-tracking information.
Sec. 10. Notification by the Secretary of Veterans Affairs of
individuals whose sensitive personal information is
involved in a data breach.
Sec. 11. Limitation on bonuses for Department of Veterans Affairs
employees who violate Federal civil laws or regulations.
Sec. 12. Limitation on awards and bonuses to employees of the
Department of Veterans Affairs.
SEC. 2. IMPROVEMENT OF FIDUCIARIES FOR VETERANS.
(a) Appointment and Supervision.--
(1) Section 5502 of title 38, United States Code, is
amended to read as follows:
``Sec. 5502. Appointment of fiduciaries
``(a) Appointment.--(1) Where it appears to the Secretary
that the interest of the beneficiary would be served thereby,
payment of benefits under any law administered by the
Secretary may be made directly to the beneficiary or to a
relative or some other fiduciary for the use and benefit of
the beneficiary, regardless of any legal disability on the
part of the beneficiary.
``(2) When in the opinion of the Secretary, a temporary
fiduciary is needed in order to protect the benefits provided
to the beneficiary under any law administered by the
Secretary while a determination of incompetency is being made
or appealed or a fiduciary is appealing a determination of
misuse, the Secretary may appoint one or more temporary
fiduciaries for a period not to exceed 120 days. If a final
decision has not been made within 120 days, the Secretary may
not continue the appointment of the fiduciary without
obtaining a court order for appointment of a guardian,
conservator, or other fiduciary under the authority provided
in section 5502(b) of this title.
``(b) Appeals.--(1) If the Secretary determines a
beneficiary to be mentally incompetent for purposes of
appointing a fiduciary under this chapter, the Secretary
shall provide such beneficiary with a written statement
detailing the reasons for such determination.
``(2) A beneficiary whom the Secretary has determined to be
mentally incompetent for purposes of appointing a fiduciary
under this chapter may appeal such determination.
``(c) Modification.--(1) A beneficiary for whom the
Secretary appoints a fiduciary under this chapter may, at any
time, request the Secretary to--
``(A) remove the fiduciary so appointed; and
``(B) have a new fiduciary appointed.
``(2) The Secretary shall comply with a request under
paragraph (1) unless the Secretary determines that the
request is not made in good faith.
``(3) The Secretary shall ensure that any removal or new
appointment of a fiduciary under paragraph (1) does not delay
or interrupt the beneficiary's receipt of benefits
administered by the Secretary.
``(d) Independence.--A fiduciary appointed by the Secretary
shall operate independently of the Department to determine
the actions that are in the interest of the beneficiary.
``(e) Predesignation.--A veteran may predesignate a
fiduciary by--
``(1) submitting written notice to the Secretary of the
predesignated fiduciary; or
``(2) submitting a form provided by the Secretary for such
purpose.
``(f) Appointment of Non-predesignated Fiduciary.--If a
beneficiary designates an individual to serve as a fiduciary
under subsection (e) and the Secretary appoints an individual
not so designated as the fiduciary for such beneficiary, the
Secretary shall notify such beneficiary of--
``(1) the reason why such designated individual was not
appointed; and
``(2) the ability of the beneficiary to modify the
appointed fiduciary under subsection (c).
``(g) Priority of Appointment.--In appointing a fiduciary
under this chapter, if a beneficiary does not designate a
fiduciary pursuant to subsection (e), to the extent possible
the Secretary shall appoint a person who is--
``(1) a relative of the beneficiary;
``(2) appointed as guardian of the beneficiary by a court
of competent jurisdiction; or
``(3) authorized to act on behalf of the beneficiary under
a durable power of attorney.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by striking the item relating to section 5502 and
inserting the following:
``5502. Appointment of fiduciaries.''.
(b) Supervision.--
(1) In general.--Chapter 55 of title 38, United States
Code, is amended by inserting after section 5502, as amended
by subsection (a)(1), the following new section:
``Sec. 5502A. Supervision of fiduciaries
``(a) Commission.--(1)(A) In a case in which the Secretary
determines that a commission is necessary in order to obtain
the services of a fiduciary in the best interests of a
beneficiary, the Secretary may authorize a fiduciary
appointed by the Secretary to obtain from the monthly
benefits provided to the beneficiary a reasonable commission
for fiduciary services rendered, but the commission for any
month may not exceed the lesser of the following amounts:
``(i) The amount that equals three percent of the monthly
monetary benefits under laws administered by the Secretary
paid on behalf of the beneficiary to the fiduciary.
``(ii) $35.
``(B) A commission paid under this paragraph may not be
derived from any award to a beneficiary regarding back pay or
retroactive benefits payments.
``(C) A commission may not be authorized for a fiduciary
who receives any other form of remuneration or payment in
connection with rendering fiduciary services for benefits
under this title on behalf of the beneficiary.
``(D) In accordance with section 6106 of this title, a
commission may not be paid to a fiduciary if the Secretary
determines that the
[[Page H6089]]
fiduciary misused any benefit payments of a beneficiary.
``(E) If the Secretary determines that the fiduciary has
misused any benefit or payments of a beneficiary, the
Secretary may revoke the fiduciary status of the fiduciary.
``(2) Where, in the opinion of the Secretary, any fiduciary
receiving funds on behalf of a Department beneficiary is
acting in such a number of cases as to make it impracticable
to conserve properly the estates or to supervise the persons
of the beneficiaries, the Secretary may refuse to make future
payments in such cases as the Secretary may deem proper.
``(b) Court.--Whenever it appears that any fiduciary, in
the opinion of the Secretary, is not properly executing or
has not properly executed the duties of the trust of such
fiduciary or has collected or paid, or is attempting to
collect or pay, fees, commissions, or allowances that are
inequitable or in excess of those allowed by law for the
duties performed or expenses incurred, or has failed to make
such payments as may be necessary for the benefit of the ward
or the dependents of the ward, then the Secretary may appear,
by the Secretary's authorized attorney, in the court which
has appointed such fiduciary, or in any court having
original, concurrent, or appellate jurisdiction over said
cause, and make proper presentation of such matters. The
Secretary, in the Secretary's discretion, may suspend
payments to any such fiduciary who shall neglect or refuse,
after reasonable notice, to render an account to the
Secretary from time to time showing the application of such
payments for the benefit of such incompetent or minor
beneficiary, or who shall neglect or refuse to administer the
estate according to law. The Secretary may require the
fiduciary, as part of such account, to disclose any
additional financial information concerning the beneficiary
(except for information that is not available to the
fiduciary). The Secretary may appear or intervene by the
Secretary's duly authorized attorney in any court as an
interested party in any litigation instituted by the
Secretary or otherwise, directly affecting money paid to such
fiduciary under this section.
``(c) Payment of Certain Expenses.--Authority is hereby
granted for the payment of any court or other expenses
incident to any investigation or court proceeding for the
appointment of any fiduciary or other person for the purpose
of payment of benefits payable under laws administered by the
Secretary or the removal of such fiduciary and appointment of
another, and of expenses in connection with the
administration of such benefits by such fiduciaries, or in
connection with any other court proceeding hereby authorized,
when such payment is authorized by the Secretary.
``(d) Temporary Payment of Benefits.--All or any part of
any benefits the payment of which is suspended or withheld
under this section may, in the discretion of the Secretary,
be paid temporarily to the person having custody and control
of the incompetent or minor beneficiary, to be used solely
for the benefit of such beneficiary, or, in the case of an
incompetent veteran, may be apportioned to the dependent or
dependents, if any, of such veteran. Any part not so paid and
any funds of a mentally incompetent or insane veteran not
paid to the chief officer of the institution in which such
veteran is a patient nor apportioned to the veteran's
dependent or dependents may be ordered held in the Treasury
to the credit of such beneficiary. All funds so held shall be
disbursed under the order and in the discretion of the
Secretary for the benefit of such beneficiary or the
beneficiary's dependents. Any balance remaining in such fund
to the credit of any beneficiary may be paid to the
beneficiary if the beneficiary recovers and is found
competent, or if a minor, attains majority, or otherwise to
the beneficiary's fiduciary, or, in the event of the
beneficiary's death, to the beneficiary's personal
representative, except as otherwise provided by law; however,
payment will not be made to the beneficiary's personal
representative if, under the law of the beneficiary's last
legal residence, the beneficiary's estate would escheat to
the State. In the event of the death of a mentally
incompetent or insane veteran, all gratuitous benefits under
laws administered by the Secretary deposited before or after
August 7, 1959, in the personal funds of patients trust fund
on account of such veteran shall not be paid to the personal
representative of such veteran, but shall be paid to the
following persons living at the time of settlement, and in
the order named: The surviving spouse, the children (without
regard to age or marital status) in equal parts, and the
dependent parents of such veteran, in equal parts. If any
balance remains, such balance shall be deposited to the
credit of the applicable current appropriation; except that
there may be paid only so much of such balance as may be
necessary to reimburse a person (other than a political
subdivision of the United States) who bore the expenses of
last sickness or burial of the veteran for such expenses. No
payment shall be made under the two preceding sentences of
this subsection unless claim therefor is filed with the
Secretary within five years after the death of the veteran,
except that, if any person so entitled under said two
sentences is under legal disability at the time of death of
the veteran, such five-year period of limitation shall run
from the termination or removal of the legal disability.
``(e) Escheatment.--Any funds in the hands of a fiduciary
appointed by a State court or the Secretary derived from
benefits payable under laws administered by the Secretary,
which under the law of the State wherein the beneficiary had
last legal residence would escheat to the State, shall
escheat to the United States and shall be returned by such
fiduciary, or by the personal representative of the deceased
beneficiary, less legal expenses of any administration
necessary to determine that an escheat is in order, to the
Department, and shall be deposited to the credit of the
applicable revolving fund, trust fund, or appropriation.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by inserting after the item relating to section 5502
the following new item:
``5502A. Supervision of fiduciaries.''.
(c) Definition of Fiduciary.--Section 5506 of title 38,
United States Code is amended--
(1) by striking ``For purposes'' and inserting ``(a) For
purposes''; and
(2) by adding at the end the following new subsection:
``(b)(1) For purposes of subsection (a), the term `person'
includes any--
``(A) State or local government agency whose mission is to
carry out income maintenance, social service, or health care-
related activities;
``(B) any State or local government agency with fiduciary
responsibilities; or
``(C) any nonprofit social service agency that the
Secretary determines--
``(i) regularly provides services as a fiduciary
concurrently to five or more individuals; and
``(ii) is not a creditor of any such individual.
``(2) The Secretary shall maintain a list of State or local
agencies and nonprofit social service agencies under
paragraph (1) that are qualified to act as a fiduciary under
this chapter. In maintaining such list, the Secretary may
consult the lists maintained under section 807(h) of the
Social Security Act (42 U.S.C. 1007(h)).''.
(d) Qualifications.--Section 5507 of title 38, United
States Code, is amended to read as follows:
``Sec. 5507. Inquiry, investigations, and qualification of
fiduciaries
``(a) Investigation.--Any certification of a person for
payment of benefits of a beneficiary to that person as such
beneficiary's fiduciary under section 5502 of this title
shall be made on the basis of--
``(1) an inquiry or investigation by the Secretary of the
fitness of that person to serve as fiduciary for that
beneficiary to be conducted in advance of such certification
and in accordance with subsection (b);
``(2) adequate evidence that certification of that person
as fiduciary for that beneficiary is in the interest of such
beneficiary (as determined by the Secretary under
regulations);
``(3) adequate evidence that the person to serve as
fiduciary protects the private information of a beneficiary
in accordance with subsection (d)(1); and
``(4) the furnishing of any bond that may be required by
the Secretary, in accordance with subsection (f).
``(b) Elements of Investigation.--(1) In conducting an
inquiry or investigation of a proposed fiduciary under
subsection (a)(1), the Secretary shall conduct--
``(A) a face-to-face interview with the proposed fiduciary
by not later than 30 days after the date on which such
inquiry or investigation begins; and
``(B) a background check of the proposed fiduciary to--
``(i) in accordance with paragraph (2), determine whether
the proposed fiduciary has been convicted of a crime; and
``(ii) determine whether the proposed fiduciary will serve
the best interest of the beneficiary, including by conducting
a credit check of the proposed fiduciary and checking the
records under paragraph (5).
``(2) The Secretary shall request information concerning
whether that person has been convicted of any offense under
Federal or State law. If that person has been convicted of
such an offense, the Secretary may certify the person as a
fiduciary only if the Secretary finds that the person is an
appropriate person to act as fiduciary for the beneficiary
concerned under the circumstances.
``(3) The Secretary shall conduct the background check
described in paragraph (1)(B)--
``(A) each time a person is proposed to be a fiduciary,
regardless of whether the person is serving or has served as
a fiduciary; and
``(B) at no expense to the beneficiary.
``(4) Each proposed fiduciary shall disclose to the
Secretary the number of beneficiaries that the fiduciary acts
on behalf of.
``(5) The Secretary shall maintain records of any person
who has--
``(A) previously served as a fiduciary; and
``(B) had such fiduciary status revoked by the Secretary.
``(6)(A) If a fiduciary appointed by the Secretary is
convicted of a crime described in subparagraph (B), the
Secretary shall notify the beneficiary of such conviction by
not later than 14 days after the date on which the Secretary
learns of such conviction.
``(B) A crime described in this subparagraph is a crime--
``(i) for which the fiduciary is convicted while serving as
a fiduciary for any person;
``(ii) that is not included in a report submitted by the
fiduciary under section 5509(a) of this title; and
``(iii) that the Secretary determines could affect the
ability of the fiduciary to act on behalf of the beneficiary.
[[Page H6090]]
``(c) Investigation of Certain Persons.--(1) In the case of
a proposed fiduciary described in paragraph (2), the
Secretary, in conducting an inquiry or investigation under
subsection (a)(1), may carry out such inquiry or
investigation on an expedited basis that may include giving
priority to conducting such inquiry or investigation. Any
such inquiry or investigation carried out on such an
expedited basis shall be carried out under regulations
prescribed for purposes of this section.
``(2) Paragraph (1) applies with respect to a proposed
fiduciary who is--
``(A) the parent (natural, adopted, or stepparent) of a
beneficiary who is a minor;
``(B) the spouse or parent of an incompetent beneficiary;
``(C) a person who has been appointed a fiduciary of the
beneficiary by a court of competent jurisdiction;
``(D) being appointed to manage an estate where the annual
amount of veterans benefits to be managed by the proposed
fiduciary does not exceed $3,600, as adjusted pursuant to
section 5312 of this title; or
``(E) a person who is authorized to act on behalf of the
beneficiary under a durable power of attorney.
``(d) Protection of Private Information.--(1) A fiduciary
shall take all reasonable precautions to--
``(A) protect the private information of a beneficiary,
including personally identifiable information; and
``(B) securely conducts financial transactions.
``(2) A fiduciary shall notify the Secretary of any action
of the fiduciary that compromises or potentially compromises
the private information of a beneficiary.
``(e) Potential Misuse of Funds.--(1) If the Secretary has
reason to believe that a fiduciary may be misusing all or
part of the benefit of a beneficiary, the Secretary shall--
``(A) conduct a thorough investigation to determine the
veracity of such belief; and
``(B) if such veracity is established, transmit to the
officials described in paragraph (2) a report of such
investigation.
``(2) The officials described in this paragraph are the
following:
``(A) The Attorney General.
``(B) Each head of a Federal department or agency that pays
to a fiduciary or other person benefits under any law
administered by such department of agency for the use and
benefit of a minor, incompetent, or other beneficiary.
``(f) Bond.--In requiring the furnishing of a bond under
subsection (a)(4), the Secretary shall--
``(1) ensure that any such bond is not paid using any funds
of the beneficiary; and
``(2) consider--
``(A) the care a proposed fiduciary has taken to protect
the interests of the beneficiary; and
``(B) the capacity of the proposed fiduciary to meet the
financial requirements of the bond without sustaining
hardship.
``(g) List of Fiduciaries.--Each regional office of the
Veterans Benefits Administration shall maintain a list of the
following:
``(1) The name and contact information of each fiduciary,
including address, telephone number, and email address.
``(2) With respect to each fiduciary described in paragraph
(1)--
``(A) the date of the most recent background check and
credit check performed by the Secretary under this section;
``(B) the date that any bond was paid under this section;
``(C) the name, address, and telephone number of each
beneficiary the fiduciary acts on behalf of; and
``(D) the amount that the fiduciary controls with respect
to each beneficiary described in subparagraph (C).''.
(e) Annual Receipt of Payments.--
(1) In general.--Section 5509 of title 38, United States
Code, is amended--
(A) in subsection (a)----
(i) by striking ``may require a fiduciary to file a'' and
inserting ``, subject to regulations prescribed pursuant to
subsection (f), shall require a fiduciary to file an
annual''; and
(ii) by adding at the end the following new sentence: ``The
Secretary shall transmit such annual report or accounting to
the beneficiary and any legal guardian of such
beneficiary.'';
(B) by adding at the end the following new subsections:
``(c) Matters Included.--An annual report or accounting
under subsection (a) shall include the following:
``(1) For each beneficiary that a fiduciary acts on behalf
of--
``(A) the amount of the benefits of the beneficiary accrued
during the year, the amount spent, and the amount remaining;
and
``(B) if the fiduciary serves the beneficiary with respect
to benefits not administered by the Secretary, an accounting
of all sources of benefits or other income the fiduciary
oversees for the beneficiary.
``(2) A list of events that occurred during the year
covered by the report that could affect the ability of the
fiduciary to act on behalf of the beneficiary, including--
``(A) the fiduciary being convicted of any crime;
``(B) the fiduciary declaring bankruptcy; and
``(C) any judgments entered against the fiduciary.
``(d) Random Audits.--The Secretary shall annually conduct
random audits of fiduciaries who receive a commission
pursuant to subsection 5502A(a)(1) of this title.
``(e) Status of Fiduciary.--If a fiduciary includes in the
annual report events described in subsection (c)(2), the
Secretary may take appropriate action to adjust the status of
the fiduciary as the Secretary determines appropriate,
including by revoking the fiduciary status of the fiduciary.
``(f) Regulations.--(1) In prescribing regulations to carry
out this section, the Secretary, in consultation with the
Under Secretary for Benefits and the Under Secretary for
Health, shall ensure that the care provided by a fiduciary
described in paragraph (2) to a beneficiary is not diminished
or otherwise worsened by the fiduciary complying with this
section.
``(2) A fiduciary described in this paragraph is a
fiduciary who, in addition to acting as a fiduciary for a
beneficiary, provides care to the beneficiary pursuant to
this title (including such care provided under section 1720G
of this title).''; and
(C) by striking the section heading and inserting the
following: ``Annual reports and accountings of fiduciaries''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by striking the item relating to section 5509 and
inserting the following new item:
``5509. Annual reports and accountings of fiduciaries.''.
(f) Repayment of Misused Benefits.--Section 6107(a)(2)(C)
of title 38, United States Code, is amended by inserting
before the period the following: ``, including by the
Secretary not acting in accordance with section 5507 of this
title''.
(g) Annual Reports.--Section 5510 of title 38, United
States Code, is amended by striking ``The Secretary shall
include in the Annual Benefits Report of the Veterans
Benefits Administration or the Secretary's Annual Performance
and Accountability Report'' and inserting ``Not later than
July 1 of each year, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of
Representatives and the Senate a separate report
containing''.
(h) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' of the House of
Representatives a comprehensive report on the implementation
of the amendments made by this Act, including--
(1) detailed information on the establishment of new
policies and procedures pursuant to such amendments and
training provided on such policies and procedures; and
(2) a discussion of whether the Secretary should provide
fiduciaries with standardized financial software to simplify
reporting requirements.
SEC. 3. ESTABLISHMENT OF PLACE OF REMEMBRANCE AT ARLINGTON
NATIONAL CEMETERY.
(a) Establishment Authorized.--
(1) In general.--Chapter 446 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4727. Place of Remembrance at Arlington National
Cemetery
``(a) Establishment Authorized.--Under regulations
prescribed by the Secretary of Defense, the Secretary of the
Army may establish at an appropriate location in Arlington
National Cemetery a Place of Remembrance for the interment of
cremated specimens or other portion of the remains of a
deceased member of the armed forces described in subsection
(b) when one of the conditions specified in subsection (c)
applies with respect to the remains of the member.
``(b) Covered Members.--This section applies only with
respect to members of the armed forces who die while on
active duty--
``(1) in a war or contingency operation; or
``(2) in the line of duty, consistent with regulations
prescribed by the Secretary of the Army with respect to
burial at Arlington National Cemetery.
``(c) Conditions on Interment of Remains.--The conditions
under which cremated specimens or other portion of the
remains of a deceased member of the armed forces described in
subsection (b) (including cremated specimens or other portion
of remains believed by the Secretary concerned to be from the
remains of the deceased member) are authorized to be interred
in the Place of Remembrance are any of the following:
``(1) The remains are unidentified.
``(2) The person designated under section 1482(c) of this
title to direct disposition of the remains of the member
agrees to interment of the remains in the Place of
Remembrance.
``(3) The person designated under section 1482(c) of this
title to direct disposition of the remains of the member has
indicated to the Secretary concerned that no further
notification is required if a specimen or portion of the
remains of the member is discovered.
``(4) When, especially in historical cases, the Secretary
concerned determines that there is no one authorized to
direct the disposition of the remains of the member and the
Secretary concerned recommends interment of the remains in
the Place of Remembrance.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4727. Place of Remembrance at Arlington National Cemetery.''.
[[Page H6091]]
(b) Retroactive Application.--Section 4727 of title 10,
United States Code, as added by subsection (a), applies with
respect to any war or contingency operation in which members
of the Armed Forces participated and covers members of the
Armed Forces who died in the line of duty before the date of
the enactment of this Act, consistent with regulations
prescribed by the Secretary of the Army with respect to
burial at Arlington National Cemetery.
SEC. 4. FURNISHING CASKETS AND URNS FOR DECEASED VETERANS
WITH NO KNOWN NEXT OF KIN.
(a) In General.--Section 2306 of title 38, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) The Secretary shall furnish a casket or urn, of such
quality as the Secretary considers appropriate for a
dignified burial, for burial in a national cemetery of a
deceased veteran described in section 2414(b) of this
title.''; and
(3) in subsection (h), as redesignated by paragraph (1), by
adding at the end the following new paragraph:
``(4) A casket or urn may not be furnished under subsection
(f) for burial of a person described in section 2411(b) of
this title.''.
(b) Effective Date.--Subsections (f) and (h)(4) of section
2306 of title 38, United States Code, as added by subsection
(a), shall take effect on the date of the enactment of this
Act and shall apply with respect to deaths occurring on or
after such date.
SEC. 5. IMPROVED COMMUNICATION BETWEEN DEPARTMENT OF VETERANS
AFFAIRS AND MEDICAL EXAMINERS AND FUNERAL
DIRECTORS.
(a) In General.--Chapter 24 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2414. Communication between Department of Veterans
Affairs and medical examiners and funeral directors
``(a) Required Information.--With respect to each deceased
veteran described in subsection (b) who is transported to a
national cemetery for burial, the Secretary shall ensure that
the local medical examiner, funeral director, county service
group, or other entity responsible for the body of the
deceased veteran before such transportation submits to the
Secretary the following information:
``(1) Whether the deceased veteran was cremated.
``(2) The steps taken to ensure that the deceased veteran
has no next of kin.
``(b) Deceased Veteran Described.--A deceased veteran
described in this subsection is a deceased veteran whom the
Secretary determines--
``(1) that there is no next of kin or other person claiming
the body of the deceased veteran; and
``(2) does not have sufficient resources to cover burial
and funeral expenses.
``(c) Determination of Sufficient Resources.--If the
Secretary is unable to make a reasonable determination of the
amount of the resources of a deceased veteran under
subsection (b)(2), the Secretary shall deem such resources to
be an amount that is not sufficient to cover burial and
funeral expenses.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2413 the following new item:
``2414. Communication between Department of Veterans Affairs and
medical examiners and funeral directors.''.
(c) Effective Date.--Section 2414 of title 38, United
States Code, as added by subsection (a), shall take effect on
the date of the enactment of this Act and shall apply with
respect to deaths occurring on or after the date that is 180
days after the date of the enactment of this Act.
SEC. 6. REPORT ON COMPLIANCE OF DEPARTMENT OF VETERANS
AFFAIRS WITH INDUSTRY STANDARDS FOR CASKETS AND
URNS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the compliance of the Department
of Veterans Affairs with industry standards for caskets and
urns.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of industry standards for caskets and
urns.
(2) An assessment of compliance with such standards at
National Cemeteries administered by the Department with
respect to caskets and urns used for the interment of those
eligible for burial at such cemeteries.
SEC. 7. EXCLUSION OF PERSONS CONVICTED OF COMMITTING CERTAIN
SEX OFFENSES FROM INTERMENT OR MEMORIALIZATION
IN NATIONAL CEMETERIES, ARLINGTON NATIONAL
CEMETERY, AND CERTAIN STATE VETERANS'
CEMETERIES AND FROM RECEIVING CERTAIN FUNERAL
HONORS.
(a) Prohibition Against.--Section 2411(b) of title 38,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) A person--
``(A) who has been convicted of a Federal or State crime
causing the person to be a tier III sex offender for purposes
of the Sex Offender Registration and Notification Act (42
U.S.C. 16901 et seq.);
``(B) who, for such crime, is sentenced to a minimum of
life imprisonment; and
``(C) whose conviction is final (other than a person whose
sentence was commuted by the President or Governor of a
State, as the case may be).''.
(b) Conforming Amendments.--Section 2411(a)(2) of such
title is amended--
(1) by striking ``or (b)(2)'' each place it appears and
inserting ``, (b)(2), or (b)(4)''; and
(2) by striking ``capital'' each place it appears.
(c) Effective Date.--The amendments made by this section
shall apply with respect to interments and memorializations
that occur on or after the date of the enactment of this Act.
SEC. 8. VETERANS FREEDOM OF CONSCIENCE PROTECTION.
Section 2404 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(h)(1) With respect to the interment or funeral, memorial
service, or ceremony of a deceased individual at a national
cemetery, the Secretary shall ensure that--
``(A) the expressed wishes of the next of kin or other
agent of the deceased individual are respected and given
appropriate deference when evaluating whether the proposed
interment or funeral, memorial service, or ceremony affects
the safety and security of the national cemetery and visitors
to the cemetery;
``(B) to the extent possible, all appropriate public areas
of the cemetery, including committal shelters, chapels, and
benches, may be used by the family of the deceased individual
for contemplation, prayer, mourning, or reflection; and
``(C) during such interment or funeral, memorial service,
or ceremony, the family of the deceased individual may
display any religious or other symbols chosen by the family.
``(2) Subject to regulations prescribed by the Secretary
under paragraph (5), including such regulations ensuring the
security of a national cemetery, the Secretary shall provide
to any military or volunteer veterans honor guard, including
such guards belonging to a veterans service organization or
other non-governmental group that provides services to
veterans, access to public areas of a national cemetery if
such access is requested by the next of kin or other agent of
a deceased individual whose interment or funeral, memorial
service, or ceremony is being held in such cemetery.
``(3) With respect to the interment or funeral, memorial
service, or ceremony of a deceased individual at a national
cemetery, the Secretary shall notify the next of kin or other
agent of the deceased individual of funeral honors available
to the deceased veteran, including such honors provided by
any military or volunteer veterans honor guard described in
paragraph (2).
``(4) Any person aggrieved by a violation of this
subsection or any regulation prescribed pursuant to this
subsection may in a civil action in an appropriate Federal
court obtain any appropriate relief against the Federal
Government with respect to the violation. Standing to assert
a claim or defense under this subsection shall be governed by
the general rules of standing under Article III of the
Constitution.
``(5) The Secretary shall prescribe regulations to carry
out this subsection.''.
SEC. 9. PROVISION OF ACCESS TO CASE-TRACKING INFORMATION.
(a) In General.--Chapter 59 of title 38, United States
Code, is amended by adding at the end the following:
``Sec. 5906. Provision of access to case-tracking information
``(a) In General.--(1) In accordance with subsection (b),
the Secretary shall provide a covered employee with access to
the case-tracking system to provide a veteran with
information regarding the status of a claim submitted by such
veteran, regardless of whether such employee is acting under
a power of attorney executed by such veteran.
``(2) In providing a covered employee with access to the
case-tracking system under paragraph (1), the Secretary shall
ensure--
``(A) that such access--
``(i) is provided in a manner that does not allow such
employee to modify the data contained in such system; and
``(ii) does not include access to medical records; and
``(B) that each time a covered employee accesses such
system, the employee must certify that such access is for
official purposes only.
``(b) Privacy Certification Course.--The Secretary may not
provide a covered employee with access to the case-tracking
system under subsection (a)(1) unless the covered employee
has successfully completed a certification course on privacy
issues provided by the Secretary.
``(c) Treatment of Disclosure.--The access to information
by a covered employee pursuant to subsection (a)(1) shall be
deemed to be--
``(1) a covered disclosure under section 552a(b) of title
5; and
``(2) a permitted disclosure under regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
``(d) Definitions.--In this section:
[[Page H6092]]
``(1) The term `case-tracking system' means the system of
the Department of Veterans Affairs that provides information
regarding the status of a claim submitted by a veteran.
``(2) The term `covered employee' means--
``(A) an employee of a Member of Congress who assists the
constituents of the Member with issues regarding departments
or agencies of the Federal Government; or
``(B) an employee of a State or local governmental agency
(including a veterans service officer) who, in the course of
carrying out the responsibilities of such employment, assists
veterans with claims for any benefit under the laws
administered by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``5906. Provision of access to case-tracking information.''.
SEC. 10. NOTIFICATION BY THE SECRETARY OF VETERANS AFFAIRS OF
INDIVIDUALS WHOSE SENSITIVE PERSONAL
INFORMATION IS INVOLVED IN A DATA BREACH.
(a) In General.--Subchapter III of chapter 57 of title 38,
United States Code is amended by inserting after section 5724
the following new section:
``Sec. 5724A. Data breach notification
``(a) Notification Requirement.--Except as provided in
subsection (d), in the event of a data breach with respect to
sensitive personal information that is processed or
maintained by the Secretary, by not later than 10 business
days after the date on which the Secretary learns of the data
breach, the Secretary shall notify the appropriate committees
of Congress and each individual whose sensitive personal
information is involved in the data breach is notified of the
data breach. If the Secretary determines that providing such
notification within 10 business days is not feasible due to
circumstances necessary to accurately identify the
individuals whose sensitive personal information is involved
in the data breach or to prevent further breach or
unauthorized disclosure and reasonably restore the integrity
of the data system the Secretary shall provide such
notification not later than 15 business days after the date
on which the Secretary learns of the data breach.
``(b) Contracts for Data Processing or Maintenance.--If the
Secretary enters into a contract for the performance of any
Department function that requires access to sensitive
personal information, the Secretary shall require as a
condition of the contract that the contractor agree to
provide notification of data breaches in the same manner as
required of the Secretary under subsection (a).
``(c) Method and Content of Notification.--(1) Notification
provided to an individual under subsection (a) shall be
provided clearly and conspicuously by one of the following
methods:
``(A) Written notification.
``(B) Notification by email or other electronic means, if
the Secretary's primary method of communication with the
individual is by email or such other electronic means.
``(2) Regardless of the method by which notification is
provided to an individual under paragraph (1), such
notification shall include--
``(A) a description of the sensitive personal information
involved in the data breach;
``(B) a telephone number that the individual may use, at no
cost to the individual, to contact an appropriate employee of
the Department to inquire about the data breach or the
individual's sensitive personal information maintained by the
Department;
``(C) notice that the individual is entitled to receive, at
no cost to such individual, credit protection services under
section 5724 of this title;
``(D) the toll-free contact telephone numbers and addresses
for the major credit reporting agencies; and
``(E) a toll-free telephone number and website address
whereby the individual may obtain information regarding
identity theft.
``(d) Notification of General Public.--The Secretary,
acting through the Office of Public Affairs of the
Department, shall notify the general public concerning any
data breach involving sensitive personal information by not
later than 10 business days after the date on which the
Secretary learns of the data breach, unless the Secretary
determines that to do so is not feasible due to circumstances
necessary to accurately identify the individuals whose
sensitive personal information is involved in the data breach
or to prevent further breach or unauthorized disclosure and
reasonably restore the integrity of the data system, such
notification shall be made as soon as possible.
``(e) Appropriate Committees of Congress.--In this section,
the term `appropriate committees of Congress' means the
Committee on Veterans Affairs' of the House of
Representatives and the Committee on Veterans' Affairs of the
Senate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5724 the following new item:
``5724A. Data breach notification.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to a data breach occurring on or
after the date that is 90 days after the date of the
enactment of this Act.
SEC. 11. LIMITATION ON BONUSES FOR DEPARTMENT OF VETERANS
AFFAIRS EMPLOYEES WHO VIOLATE FEDERAL CIVIL
LAWS OR REGULATIONS.
(a) In General.--Chapter 7 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 713. Limitation on bonuses
``(a) In General.--(1) The Secretary shall ensure that no
employee of the Department who, during any year, knowingly
violates any law, regulation, or policy described in
paragraph (2) receives a bonus for or during that year.
``(2) A law, regulation, or policy described in this
paragraph is any of the following:
``(A) A Federal civil law or Federal regulation, including
such civil laws or regulations covered under the Federal
Acquisition Regulation and the Veterans Affairs Acquisition
Regulation.
``(B) An internal policy of the Department.
``(b) Certification.--The Secretary shall annually certify
to Congress that each bonus awarded by the Secretary during
the previous year was awarded in accordance with subsection
(a)(1).
``(c) Bonus Defined.--For purposes of this section, the
term `bonus' includes--
``(1) a retention incentive;
``(2) a retention incentive payment;
``(3) a retention incentive award; and
``(4) any other incentive requiring approval from the
Central Office Human Resource Service, the Chief Business
Office Workforce Management, or the Corporate Senior
Executive Management Office.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``713. Limitation on bonuses.''.
SEC. 12. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
For each of fiscal years 2013 through 2017, the Secretary
of Veterans Affairs may not pay more than $357,613,229 in
awards or bonuses under chapter 45 or 53 of title 5, United
States Code, or any other awards or bonuses authorized under
such title.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from Maine (Mr. Michaud) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I
might consume.
H.R. 5948, as amended, makes great strides towards protecting some of
our Nation's most vulnerable veterans in improving the quality of other
memorial benefits that our veterans have earned.
First and foremost, this bill will bring needed protections and
reforms to our most vulnerable veterans. For far too long, bad actors
in VA's fiduciary program have taken advantage of veterans in every
part of this great Nation. When pressed on this issue by the committee,
VA claimed that the program was fine and did not need any statutory
changes.
This bill will help weed out those bad actors and implement the
necessary oversight actions VA has failed to take while simplifying the
confusing and burdensome requirements of those beneficiaries performing
their jobs well on behalf of those veterans.
The VA fiduciary program is intended to administer benefits for
veterans deemed incompetent to handle their own finances by the
Department of Veteran Affairs fiduciary program. Numerous deficiencies
within the program have been highlighted by the Veterans' Affairs
Committee and brought to the VA's attention; yet the Department is
continually slow to act and fix these systemic problems.
Among those problems are fiduciaries that are embezzling veterans'
funds, refusing to pay a veteran's utility bills, fiduciaries taking
more than the amount authorized by law as commission for services
rendered, convicted felons appointed as fiduciaries, and fiduciaries
telling veterans to conserve money by not running their air
conditioning during the summer months.
Mr. Speaker, despite these tragic stories, VA maintains that its
fiduciary program is, in fact, sound, an argument difficult to justify
when earlier this month a couple pleaded guilty to stealing over $2
million from 49 veterans. I hate to tell you that this is not an
isolated case. At the beginning of 2012, a U.S. district judge
sentenced two VA-appointed fiduciaries to prison for stealing nearly
$900,000 from 10 different veterans. In both cases, the fiduciaries
used the stolen funds to go gambling, among other things.
The Veterans Fiduciary Reform and Noble Service Act makes much-needed
[[Page H6093]]
improvements to VA's fiduciary program by allowing veterans to appeal
the appointment of a fiduciary, allowing a veteran to request that a
new fiduciary be appointed when cause can be shown, and to designate a
preferred fiduciary ahead of time, such as a family member.
The bill would also remove the profit motive for predatory
fiduciaries by reducing the commission that's paid to them to a level
in line with Social Security's program that's equivalent. Fiduciaries
would have to undergo background checks, minimizing the chance for
unqualified fiduciaries to enter the system. They'd also have to
account in writing for their disbursement of a veteran's income on an
annual basis, addressing another lapse in oversight the VA has failed
to address.
Section 3 of the legislation designates a ``Place of Remembrance'' at
Arlington National Cemetery to serve as a dignified final resting place
for remains of veterans that may not otherwise have a final resting
place. This section is in direct response to our learning last year
that cremated remains were being taken from Dover Air Force Base to a
landfill, a practice that took place over a 4-year period.
Sections 4, 5, and 6 aim to address an incident that happened at the
Bushnell National Cemetery where a veteran with no known next of kin
was buried in a cardboard box.
Section 4 requires the Secretary of Veterans Affairs to furnish an
appropriate casket or urn for a deceased veteran with no known next of
kin, where no other person claims the body, and the veteran lacks
sufficient resources to cover burial and funeral expenses.
Section 5 improves the communication between the VA and funeral
directors and the medical examiner's office by requiring the Secretary
to ensure that any entity transporting the body of a deceased veteran
to a national cemetery submits to VA whether the deceased veteran was
cremated and whether or not steps were taken to ensure the deceased
veteran has no next of kin.
Section 6 requires the Secretary to submit to both the House and
Senate Committees on Veterans' Affairs a report within 180 days of
enactment of this legislation detailing VA's compliance with industry
standards for caskets and urns, including a description of the industry
standards for caskets and urns and an assessment of compliance at the
national cemeteries that are currently being administered by VA.
Section 7 of H.R. 5948, as amended, would bar convicted tier 3 sex
offenders sentenced to a minimum of life in prison from burial in
national veterans cemeteries and some State veterans cemeteries.
Currently, those convicted of capital crimes are prohibited from such
burial, and this will prohibit people convicted of an equally heinous
crime from tarnishing the honor of veterans cemeteries.
Section 8 ensures that the explicit wishes of a veteran's family with
regard to religious expressions are honored during interment or
inurnment ceremonies at a VA national cemetery. Last year, officials at
the Houston National Cemetery were accused of restricting religious
speech at a ceremony.
{time} 1540
While that specific incident was resolved in the courts, this section
provides a legislative safeguard for all national cemeteries. Section 9
would allow County Veterans Service officers and some congressional
employees access to read-only information regarding the status of a
veteran's claim.
During a roundtable discussion between the committee and county
veterans service officers, one of the main obstacles highlighted to
answering veterans' questions was the lack of access to claims file
information. Facilitating this additional level of assistance in the
claims process is one simple step we can take to help veterans and
potentially address the growing claims backlog.
Section 10, as amended, will improve protections to veterans whose
sensitive information has been compromised by the VA. Now, veterans may
not know right now that their personal information has been compromised
for well over a month after it has occurred, but in this time of
predatory identity theft, that's far too long and much damage could
have taken place.
Section 11 of the bill adds a commonsense prohibition on the payment
of bonuses to VA employees who violate Federal law, including Federal
or VA acquisition regulations.
Section 12 rolls back the current average of nearly $400 million the
VA annually pays out in bonuses and other incentives, findings that
both the committee and VA's own inspector general show numerous cases
of unjustified awards--often to employees with poor performance
records--and significant retention incentives going to long-term
employees who had publicly stated they were already preparing to retire
while others around the country are taking steps to better manage their
own budgets. It's time the VA does the very same.
With all of this, I want to urge my colleagues to join me in
supporting H.R. 5948, as amended.
I reserve the balance of my time.
Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of the bill, H.R. 5948, which is
a mini-omnibus of veterans' measures that run the gamut of issues, such
as improving the policy on notification of data breaches of veterans'
personal information, to reforming of the Department of Veterans
Affairs' fiduciary program, to ensuring that veterans with no known
next of kin receive the dignified burial they deserve.
I thank all of the Members for their hard work on these measures,
particularly Chairman Miller and Ranking Mr. Filner; Chairman Runyan of
New Jersey and Mr. McNerney of California, the chair and ranking member
of the Disability Assistance and Memorial Affairs Subcommittee; Mr.
Johnson of Ohio and Mr. Donnelly of Indiana, chair and ranking member
of the Oversight and Investigations Subcommittee. Their bipartisan work
on the committee, along with the staff efforts, have helped ensure that
the provisions of this bill are meaningful and sound for veterans on
all fronts.
H.R. 5948 contains language from a bill introduced by Mr. Donnelly
which will significantly improve the VA's notification requirements
following a data breach involving a veteran's sensitive personal
information.
We must work harder to protect veterans' personal identifiable
information, including their Social Security number. And rapid
notification procedures when breaches occur will stem the tide of harm
any veteran, their family, or a survivor has to incur.
In that same vein of protecting our veterans, this bill also contains
a long-overdue overhaul of the VA fiduciary program. The additional
provisions seek to ensure that our most vulnerable VA beneficiaries who
cannot manage on their own are provided the utmost protections of their
hard-earned benefits.
In my district, the number one concern among the constituents that
are brought before my congressional offices deals with veterans issues.
And I'm so pleased that H.R. 5948 includes a provision to grant county
veterans service officers, other State and local employees, as well as
staff of Members of Congress greater access to veterans' claims
information and for tracking purposes.
I wholeheartedly support the mission of this measure and the work of
our county veterans service officers and the tireless work of my staff,
as I know other Members of Congress' staff, as it relates to veterans'
issues.
Finally, this bill will establish a Place of Remembrance at Arlington
National Cemetery for unidentified cremated remains of our servicemen
and -women. This will ensure that not one of our veterans or
servicemembers is left behind or forgotten.
Mr. Speaker, according to the Department of Defense, more than 48,000
servicemembers have been wounded in action while serving in the recent
conflicts. Today, 18 veterans and servicemembers will take their lives
by their own hands. These are sobering statistics. In caring for the
injured men and women in uniform, we must continue to address their
needs so they may live in dignity after their honorable military
service.
I have only begun to name a few important provisions of this bill,
and I want to thank the chairman for his work to bring this bill before
the committee. I would urge my colleagues to support the bill, and I
respectfully reserve the balance of my time.
[[Page H6094]]
Mr. MILLER of Florida. I want to thank Mr. Michaud for his fine work
on this legislation and others that our committee has been involved in.
Mr. Speaker, one of the most important subcommittees within VA is
Oversight and Investigations. That's why I asked the gentleman from
Ohio (Mr. Johnson) to chair that subcommittee.
With that, I yield 2 minutes to the gentleman from Ohio on this bill.
Mr. JOHNSON of Ohio. Mr. Speaker, I am proud to sponsor the Veterans
Fiduciary Reform and Noble Service Act. This important legislation will
transform the VA's fiduciary program to better serve the needs of our
most vulnerable veterans and their hardworking fiduciaries; but most
importantly, it will protect veterans in the program from falling
victim to deceitful and criminal fiduciaries.
Since our February hearing, hardly a week has gone by where the
Oversight and Investigations Subcommittee has not been contacted about
a fiduciary issue. Many of these issues have involved honest and
hardworking fiduciaries who are caught in the rigid bureaucratic trap
that is the VA's fiduciary program. This bill will go a long way toward
making that unyielding bureaucracy more responsive to the needs of the
veterans that it is supposed to serve.
We have heard many complaints about the requirement for fiduciaries
to obtain a bond. While proper in some settings, it is inappropriate
when it causes unnecessary hardship, such as a mother caring for her
veteran son. This bill will require the VA to consider whether a bond
is necessary and if it will adversely affect the fiduciary and the
veterans he or she serves.
The Veterans Fiduciary Program and Noble Service Act will also direct
VA's Under Secretaries for Health and Benefits to coordinate their
efforts to ensure that fiduciaries caring for their loved ones are not
overly burdened by redundant requirements.
Finally, Mr. Speaker, this bill aims to simplify annual reporting
requirements. Currently, the VA does not have to review a fiduciary's
annual accounting, and when it does, it places an onerous burden on
those fiduciaries who are serving out of love, not for monetary gain.
This bill will implement a straightforward annual accounting
requirement and gives the VA the opportunity to audit fiduciaries whose
accounting is suspect.
I'd like to thank my colleagues on the committee on both sides of the
aisle for their work in this bipartisan effort.
Mr. MICHAUD. I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I yield 2 minutes to the
gentleman from the great State of New Jersey (Mr. Runyan), also
somebody who has been very involved in helping us put this piece of
legislation together.
Mr. RUNYAN. I thank Chairman Miller.
I rise today in support of H.R. 5948, the Veterans Fiduciary Reform
and Honoring Noble Service Act of 2012.
In addition to several important provisions that address many needed
improvements to VA's fiduciary program, as chairman of the Subcommittee
on Disability Assistance and Memorial Affairs, I would like to draw
attention to several other important provisions of this bill.
First, section 9 of the bill provides for improved access to case-
tracking information for certain government employees, including county
veterans service officers.
{time} 1550
It is my hope that allowing these local service officers to assist
with the veterans claims process that more claims will be completed in
a more timely manner.
There are also several other provisions in this bill that further
honor the final resting places of our Nation's fallen heroes by
providing improvements to the VA's national cemetery program and burial
process, as well as at Arlington National Cemetery.
I believe we have a solemn obligation to cherish the memory and the
heroic actions of our fallen heroes by holding ourselves and our
organizations to the highest standards, which this legislation aims to
do.
Therefore, I urge all Members to support H.R. 5948.
Mr. MICHAUD. I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I now yield 1 minute to the
gentleman from Ohio (Mr. Stivers).
Mr. STIVERS. I'd like to thank the gentleman for yielding.
As a Member of Congress and a serviceman, I was as shocked as
everyone else by the stories coming out late last year about Dover Air
Force Base mortuary sending cremated unidentified remains to the Prince
George's landfill. It's a terrible injustice to our servicemembers, and
it can't be allowed to happen again.
While unidentified partial remains are now cremated and buried at
sea, I believe we should not leave those heroes behind. My bill that
became section 3 of H.R. 5948 creates a place of remembrance at
Arlington National Cemetery for each conflict moving forward and
ensures the remains of those who served and gave their lives have a
final resting place that's deserving and worthy of their dedication and
devotion.
I'd like to thank the chairman, and I'd like to thank the gentleman
from Minnesota (Mr. Walz), and the gentleman from New Jersey (Mr.
Runyan) for their help and assistance on the bill.
I would ask my colleagues to support H.R. 5948 and help ensure that
there's a place of remembrance for those who've given their final
measure of devotion, especially if their remains are unidentified, and
make sure we send their remains to a place worthy of their dedication
and commitment and devotion.
Mr. MICHAUD. Mr. Speaker, it's my understanding Chairman Miller has
no further speakers.
Mr. MILLER of Florida. That's correct, no further speakers.
Mr. MICHAUD. I yield back the balance of my time.
General Leave
Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members would have 5 legislative days within which to revise and extend
their remarks on H.R. 5948, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. I thank you once again and encourage all
Members to support this legislation.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, H.R. 5948, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to amend title 38,
United States Code, to improve the supervision of fiduciaries of
veterans under the laws administered by the Secretary of Veterans
Affairs, to establish a Place of Remembrance at Arlington National
Cemetery, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________