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Amends 38 U.S.C. 5905 by revising the section heading and replacing/adding subsections: inserts subsection (a) 'Withholding of benefits'; adds subsection (b) criminalizing solicitation, contracting for, charging, or receiving unauthorized fees (with criminal penalties and an exception for certain medical examinations/opinions); adds subsection (c) establishing revocation of conditional/temporary recognition, a $50,000 fine after notice and opportunity for hearing, and bars from recognition for specified durations for violations; and adds subsection (d) directing deposit of fines into the fund established by section 5904(a)(7)(D).
Redesignates existing subsections (g) through (i) as subsections (h) through (j), and inserts a new subsection (g) after subsection (f) that requires notice to claimants about availability of accredited persons and organizations, requires the Department to maintain a publicly available list of accredited persons and a reporting system on its website, sets update frequency for the list, and defines 'accredited person.'
Amends 38 U.S.C. 5904 to add application and conditional recognition procedures, define temporary recognition timelines, prohibit denial based solely on nonprofit employment, authorize regulations and an assessment (capped at $500) deposited into a Treasury revolving fund for administration, add specific fee prohibitions and fee-agreement filing and audit requirements, redesignate existing paragraphs and add additional grounds for suspension (including HIPAA-related failures, sale of personally identifiable information, referrals to related medical professionals with business relationships, and use of overseas call centers), require annual reporting to the Veterans’ Affairs Committees, and add detailed requirements for fee agreements including a Secretary-developed standard form, payment installment options, and an annual CPI-based adjustment to a specified dollar amount effective each October 1 beginning the first fiscal year after enactment.
Amends 38 U.S.C. 5503(d)(7) by striking "November 30, 2031" and inserting "April 30, 2032".
Requires the Department of Veterans Affairs to give unrepresented veterans clearer notice that accredited representatives and recognized organizations can help with filing and pursuing VA benefits claims, publish a public list and reporting system of accredited representatives, and add fee warnings on online claim portals. It tightens recognition rules for agents and attorneys (including testing and continuing legal education), caps and standardizes fees and assessments, creates civil and criminal penalties for unauthorized fee-taking, mandates regulatory changes and reporting, directs a GAO review of VA recognition practices, overrides conflicting State laws, and extends one statutory date to April 30, 2032.
Amend 38 U.S.C. 5103A by adding a new subsection (g) (Notice of availability of representation) or by redesignating existing subsections as described; the amendment adds requirements for notice and online information.
When the Secretary receives a claim or supplemental claim from a claimant who is not represented by an accredited person, the Secretary must provide notice that: (A) an accredited person may be available to help prepare, present, or prosecute the claim; (B) an organization recognized under 38 U.S.C. 5902 is available to help at no cost to the claimant; and (C) the notice must include the web addresses of Department websites described in paragraph (2).
The Secretary must maintain on a publicly available VA website: (i) a list of accredited persons available for preparation, presentation, or prosecution of an initial claim or supplemental claim; and (ii) a system through which a claimant may report (I) a person who is not an accredited person who prepared, presented, or prosecuted a claim or supplemental claim on the claimant’s behalf and (II) any fee that person charged for that work.
The Secretary must update the list of accredited persons not less than quarterly and ensure the list is easily accessible to claimants.
Defines the term 'accredited person' to mean either: (A) an organization recognized under 38 U.S.C. 5902; or (B) an attorney, agent, or other person recognized under 38 U.S.C. 5904.
Who is affected and how:
Veterans and unrepresented claimants: Gain clearer notice that trained, accredited representatives and recognized organizations can help with claims; greater transparency about who is qualified to represent them and what fees may be charged; improved consumer protections from unauthorized or excessive fee-taking because of fee limits, standardized fee forms, and criminal/civil penalties.
Accredited representatives, attorneys, and agents who assist with VA claims: Face tighter qualification and oversight rules (publication of the knowledge test, increased CLE requirements), new administrative controls (standard fee form, fee limits), potential assessments for applicants, and exposure to stronger enforcement including suspension, exclusion, civil fines, and criminal penalties for unauthorized fee-taking. These changes may raise compliance costs and professional training burdens but may also increase public confidence in accredited practitioners.
Department of Veterans Affairs: Must create and maintain a public list and reporting system, add fee warnings to online portals, issue multiple rounds of regulations (recognition, fee limits, CLE), publish the qualifying test, collect and deposit assessments and fines into federal funds, and submit annual reports. This increases administrative workload, IT and regulatory costs, and enforcement obligations.
Congress and oversight bodies: Receive greater reporting and a GAO review that could identify administrative problems and recommend legislative or administrative fixes; Congress will have new information to oversee VA recognition and enforcement.
States: The Act expressly preempts conflicting State laws, preventing State-level rules from restricting or conflicting with the federal recognition and rights created here; State efforts that conflict with the Act will be blocked.
Overall effects:
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Referred to the House Committee on Veterans' Affairs.
Introduced May 1, 2025 by John Bergman · Last progress May 1, 2025
Ordered to be Reported by the Yeas and Nays: 12 - 11.
Committee Consideration and Mark-up Session Held
Referred to the House Committee on Veterans' Affairs.
Introduced in House