Veterans Fiduciary Act of 2004
Latest action · Nov 17, 2004 Sponsor introductory remarks on measure. (CR H9770)
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 25, 2004
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Veterans Fiduciary Act of 2004 - Defines "fiduciary," for purposes of Federal veterans' benefits provisions, as a guardian or any other person having been appointed or legally vested with the responsibility or care of a veterans' benefit claimant or beneficiary, or of money paid for the use and benefit of a minor, incompetent, or other beneficiary.
Requires any certification of a person as a fiduciary for such purposes to be made on the basis of: (1) an investigation of their fitness to so serve; (2) adequate evidence that such certification is in the best interest of such beneficiary; and (3) the furnishing of any required bond. Requires the investigation to include whether the person has been convicted of any offense which resulted in imprisonment for more than one year.
Prohibits a fiduciary from collecting a fee from a beneficiary for any month with respect to which the Secretary of Veterans Affairs or a court finds that the fiduciary misused all or part of the individual's benefit. Provides liability for fiduciaries for misused benefits. Requires the Secretary to pay a beneficiary any amounts or benefits misused by a fiduciary when the negligent failure of the Secretary to investigate or monitor a fiduciary results in such misuse.
Provides additional protections for beneficiaries with fiduciaries, including: (1) periodic onsite reviews of institutional fiduciaries such as certified community-based nonprofit social service agencies; (2) requiring a fiduciary to file a report or accounting; (3) civil monetary penalties; and (4) authority for judicial orders of restitution.
Cosponsors 28
Members who signed on, in the order they did. Signatures ran from Mar 25, 2004 to Sep 21, 2004; 14 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MA | Barney Frank | Original | Mar 25, 2004 |
| D-KY | Ben Chandler | Original | Mar 25, 2004 |
| D-CA | Bob Filner | Original | Mar 25, 2004 |
| D-TX | Ciro D. Rodriguez | Original | Mar 25, 2004 |
| D-FL | Corrine Brown | Original | Mar 25, 2004 |
| D-OR | Darlene Hooley | Original | Mar 25, 2004 |
| D-CA | Grace F. Napolitano | Original | Mar 25, 2004 |
| D-IL | Lane Evans | Original | Mar 25, 2004 |
| D-ME | Michael H. Michaud | Original | Mar 25, 2004 |
| D-AZ | Raúl M. Grijalva | Original | Mar 25, 2004 |
| D-PA | Robert A. Brady | Original | Mar 25, 2004 |
| D-GA | Sanford D. Bishop, Jr. | Original | Mar 25, 2004 |
| D-OH | Ted Strickland | Original | Mar 25, 2004 |
| D-PA | Tim Holden | Original | Mar 25, 2004 |
| D-NV | Shelley Berkley | Mar 30, 2004 | |
| D-PR | Anibal Acevedo-Vila | Apr 2, 2004 | |
| D-VI | Donna M. Christensen | Apr 2, 2004 | |
| D-TX | Sheila Jackson Lee | Apr 2, 2004 | |
| D-CA | Zoe Lofgren | Apr 2, 2004 | |
| D-CA | Maxine Waters | Apr 20, 2004 | |
| D-AR | Vic Snyder | Apr 20, 2004 | |
| D-MN | Collin C. Peterson | May 19, 2004 | |
| D-IL | Luis V. Gutierrez | Jun 15, 2004 | |
| D-NM | Tom Udall | Jun 15, 2004 | |
| D-NY | Charles B. Rangel | Jun 25, 2004 | |
| D-TX | Martin Frost | Jun 25, 2004 | |
| D-NY | Nita M. Lowey | Jul 15, 2004 | |
| D-CA | Henry A. Waxman | Sep 21, 2004 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Veterans' Affairs Committee | Referred Mar 25, 2004 |
| Benefits Subcommittee | Referred Apr 13, 2004Hearings Jun 16, 2004 |
Actions 7
Everything that happened, newest first.
- Nov 17, 2004Sponsor introductory remarks on measure. (CR H9770)
- Jul 21, 2004-Similar provision incorporated. See H.R. 4658, Title III, Sections 301-307.
- Jun 16, 2004Subcommittee Hearings Held.
- Apr 13, 2004Referred to the Subcommittee on Benefits.
- Mar 26, 2004Sponsor introductory remarks on measure. (CR E457-458)
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E457 | Susan A. Davis D-CA | Mar 26, 2004 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 108-44 | H.R. 4032 AND A DRAFT BILL, THE VETERANS SELF-EMPLOYMENT ACT OF 200470 pages | Veterans' Affairs Committee | Jun 16, 2004 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 4658 | Servicemembers and Veterans Legal Protections Act of 2004 | Procedurally related | Oct 7, 2004 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend title 38, United States Code, to provide additional safeguards for Department of Veterans Affairs benefit recipients who have fiduciaries for receipt and management of benefit payments, and for other purposes.
- Short Titles as Introduced
- Veterans Fiduciary Act of 2004
Subjects
Assigned by the Library of Congress. Policy area: Armed Forces and National Security.
- Accounting
- Administrative procedure
- Armed Forces and National Security
- Auditing
- Collection of accounts
- Congress
- Congressional reporting requirements
- Crime and Law Enforcement
- Criminal justice information
- Department of Veterans Affairs
- Ex-offenders
- Families
- Fees
- Finance and Financial Sector
- Fines (Penalties)
- Government liability
- Government Operations and Politics
- Government paperwork
- Governmental investigations
- Identification of criminals
- Law
- Liability (Law)
- Licenses
- Married people
- Negligence
- Nonprofit organizations
- Parents
- Sentences (Criminal procedure)
- Social Welfare
- Surety and fidelity
- Trusts and trustees
- Veterans' benefits
Text 1
Each version as it was printed, newest first.
- Mar 25, 2004Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.