H6088 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

this bill and bringing it to the floor today. My 

hope is that after the House passes this bill 

the Senate will act quickly and send it to the 

President for his signature. 

The problem this bill addresses is to confirm 

the ownership of mementoes the Apollo astronauts received from their journeys. I was first 

contacted one year ago about this problem by 

my constituent, Apollo 16 moonwalker Charlie 

Duke, who now lives in New Braunfels, Texas 

and also chairs the Astronaut Scholarship 

Foundation. 

The Scholarship Foundation is one of the 

beneficiaries from the sale of such artifacts, 

and they have provided over $3 million in 

scholarships to college students studying 

science and engineering so they too can aspire to be astronauts. 

At the end of the Apollo program, these 

mementoes were deemed to be of little value, 

and NASA was simply going to throw many of 

these items in the trash heap of history— 

checklists with scribbled equations and calculations in the margins, a camera and other 

personal effects the Apollo astronauts were offered to keep for themselves. 

However, in the intervening 40 years, these 

mementoes took on a greater historical context, just like mementoes from past wars or famous people take on greater significance. Unfortunately, over-zealous NASA and the Justice Department lawyers recently started filing 

law suits against Apollo astronauts—our 

American heroes—and started questioning 

their integrity. 

This is wrong. And this bill clarifies the ownership of these artifacts in the possession of 

our astronauts. 

Chairman HALL, thank you for doing the 

right thing—once again—for our astronauts. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Texas (Mr. HALL) 

that the House suspend the rules and 

pass the bill, H.R. 4158. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Ms. EDDIE BERNICE JOHNSON of 

Texas. Mr. Speaker, on that I demand 

the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

f 

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: 

‘‘§ 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: 

‘‘§ 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 


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September 19, 2012 CONGRESSIONAL RECORD — HOUSE 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: 

‘‘§ 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. 


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H6090 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

‘‘(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: 

‘‘§ 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.’’. 


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September 19, 2012 CONGRESSIONAL RECORD — HOUSE 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: 

‘‘§ 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: 

‘‘§ 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 casetracking 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: 


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‘‘(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: 

‘‘§ 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: 

‘‘§ 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 VAappointed 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 


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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. 

b 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 longterm 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 miniomnibus 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 longoverdue 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. 


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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. 

b 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 (twothirds 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. 

f 

VA MAJOR CONSTRUCTION AUTHORIZATION AND EXPIRING AUTHORITIES EXTENSION ACT OF 

2012 

Mr. MILLER of Florida. Mr. Speaker, 

I move to suspend the rules and pass 

the bill (H.R. 6375) to authorize certain 

Department of Veterans Affairs major 

medical facility projects and leases, to 

amend title 38, United States Code, to 

extend certain authorities of 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. 6375 

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 ‘‘VA Major Construction Authorization 

and Expiring Authorities Extension Act of 

2012’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States 

Code. 

Sec. 3. Scoring of budgetary effects. 

TITLE I—CONSTRUCTION 

AUTHORIZATIONS 

Sec. 101. Authorization of fiscal year 2013 

major medical facility projects. 


smartinez on DSK6TPTVN1PROD with HOUSE