Veterans' Benefits Protection Act - Repeals the authority of the Secretary of Veterans Affairs to prescribe qualifications and standards of, and to set fees charged by, agents or attorneys representing veterans in claims before the Department of Veterans Affairs (VA). Authorizes the Secretary to require that such individuals show that they are of good moral character, and qualified and competent to assist claimants. Removes some instances under which the Secretary may suspend or exclude an agent or attorney from such representation.
Repeals the Secretary's authority to review and order a reduction in the fee charged to a claimant by an agent or attorney.
Imposes fines and criminal penalties for soliciting, contracting for, charging, or receiving any part of a benefit or claim allowed to a claimant (or attempting such acts).
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1318 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1318
To amend title 38, United States Code, to repeal the authority for
agent or attorney representation in veterans benefits cases before the
Department of Veterans Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2007
Mr. Lewis of Kentucky introduced the following bill; which was referred
to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to repeal the authority for
agent or attorney representation in veterans benefits cases before the
Department of Veterans Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Benefits Protection Act''.
SEC. 2. REPEAL OF AUTHORITY FOR AGENT OR ATTORNEY REPRESENTATION IN
VETERANS BENEFITS CASES BEFORE THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Repeal.--Title 38, United States Code, is amended--
(1) in section 5904--
(A) in subsection (a)--
(i) by striking ``(1) Except as provided in
paragraph (4), the Secretary'' and inserting
``The Secretary'';
(ii) by striking paragraphs (2) through
(6); and
(iii) by inserting after the period at the
end the following new sentence: ``The Secretary
may require that individuals, before being
recognized under this section, show that they
are of good moral character and in good repute,
are qualified to render claimants valuable
service, and otherwise are competent to assist
claimants in presenting claims.''; and
(B) in subsection (b)--
(i) by striking paragraphs (6) through (9);
(ii) in paragraph (4), by inserting ``or''
after the semicolon; and
(iii) in paragraph (5), by striking the
semicolon and inserting a period;
(2) in section 5902(b)--
(A) by striking ``(1)'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(3) in section 5903--
(A) by striking subsection (b); and
(B) by striking ``(a) In General--''.
(b) Repeal of Modification of Date for Commencement of Services.--
(1) In general.--Effective as provided in paragraph (2),
subsection (c) of section 5904 of such title is amended--
(A) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3);
(B) in paragraph (1)--
(i) by striking ``a notice of disagreement
is filed with respect to'' and inserting ``the
Board of Veterans' Appeals first makes a final
decision in'';
(ii) by inserting after ``in the case.''
the following new sentence: ``Such a fee may be
charged, allowed, or paid in the case of
services provided after such date only if an
agent or attorney is retained with respect to
such case before the end of the one-year period
beginning on that date.'';
(iii) in the last sentence, by striking
``fees charged, allowed, or paid for''; and
(iv) by striking ``paragraph (4)'' and
inserting ``paragraph (3)''; and
(C) in paragraph (2)--
(i) by striking ``after a notice of
disagreement is filed with respect to the
case'' and inserting ``after the Board first
makes a final decision in the case'';
(ii) by striking ``with the Secretary
pursuant to regulations prescribed by the
Secretary'' and inserting ``with the Board at
such time as may be specified by the Board'';
and
(iii) by adding at the end the following
new sentences: ``The Board, upon its own motion
or the request of either party, may review such
a fee agreement and may order a reduction in
the fee called for in the agreement if the
Board finds that the fee is excessive or
unreasonable. A finding or order of the Board
under the preceding sentence may be reviewed by
the United States Court of Appeals for Veterans
Claims under section 7263(d) of this title.''
(c) Repeal of Repeal of Penalty.--Section 5905 is amended by
inserting after ``Whoever'' the following: ``(1) directly or indirectly
solicits, contracts for, charges, or receives, or attempts to solicit,
contract for, charge, or receive, any fee or compensation except as
provided in sections 5904 or 1984 of this title, or (2)''.
(d) Conforming Repeals.--Section 101 of the Veterans Benefits,
Health Care, and Information Technology Act of 2006 (Public Law 109-
461) is amended--
(1) in subsection (c), by striking paragraph (2); and
(2) by striking subsections (h) and (i).
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E465)
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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