[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.

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