H.R.4032 - Veterans Fiduciary Act of 2004108th Congress (2003-2004)
|Sponsor:||Rep. Davis, Susan A. [D-CA-53] (Introduced 03/25/2004)|
|Committees:||House - Veterans' Affairs|
|Latest Action:||11/17/2004 Sponsor introductory remarks on measure. (CR H9770) (All Actions)|
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Summary: H.R.4032 — 108th Congress (2003-2004)All Information (Except Text)
Introduced in House (03/25/2004)
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.