Sponsors (21)
I'll give you the short version of this bill.
This is not an official government website.
Copyright © 2026 PLEJ LC. All rights reserved.
Adds a new subsection (c) to 38 U.S.C. §5901 excluding the administration of a medical examination, or the completion of a report with respect to such medical examination (as described in 38 U.S.C. §5125), from constituting the preparation, presentation, or prosecution of a claim under the laws administered by the Secretary of Veterans Affairs.
Makes multiple amendments to 38 U.S.C. 5904 concerning recognition of agents and attorneys: adds application submission requirements (including mail, fax, electronic), requires conditional temporary recognition if verification cannot be completed within 90 days and allows one-year renewals until verification, prohibits suspension/exclusion/fines/denial of recognition based on fees charged prior to enactment or while not recognized, authorizes the Secretary to charge an assessment (capped at $500) deposited into a Treasury revolving fund for administration, redesignates and adjusts subsection (b) provisions including adding failure to protect claimant data in accordance with HIPAA as a ground, requires an annual report to congressional Veterans’ Affairs committees on suspensions/denials with disaggregation, revises fee-agreement rules for initial claims including a Secretary-developed standard form with specified notices, and requires annual CPI-based adjustment to a specified dollar amount and regulations within 180 days.
Amends 38 U.S.C. 5905: modifies the heading, inserts new subsections including (b) criminal penalties for soliciting/charging unauthorized fees with respect to preparation/presentation/prosecution of claims under laws administered by the Secretary (fine as provided in title 18 and/or imprisonment up to one year), (c) penalties for violations by individuals conditionally/temporarily recognized including revocation after notice, a $50,000 fine after notice and opportunity for hearing, and bars from recognition for specified periods, and (d) deposit of fines into the fund established by section 5904(a)(7)(C); also makes a clerical amendment to the chapter 59 table of sections.
Strengthens protections for veterans in the VA claims process while updating how lawyers and agents get recognized to help with initial claims. It clarifies that giving a VA medical exam or writing the exam report is not the same as preparing or prosecuting a claim. It modernizes accreditation rules, including temporary recognition if verification takes too long, allows the VA to charge up to a $500 assessment to certain applicants, tightens fee agreement rules and disclosures, and adds privacy-based grounds to deny or suspend recognition. It restores criminal penalties for charging unauthorized fees and ensures fines go to a VA fund. Federal rules in this Act override any conflicting state laws.
Amend Section 5901 of title 38, United States Code, by adding a new subsection at the end (subsection (c)). This is the vehicle used to make the change.
Add subsection (c) providing that the administration of a medical examination, or the completion of a report for such an examination as described in 38 U.S.C. 5125, shall not constitute the preparation, presentation, or prosecution of a claim under the laws administered by the Secretary.
Individuals seeking recognition as an agent or attorney under 38 U.S.C. 5904 must submit an application to the Secretary in such form, at such time, and containing such information and assurances as the Secretary prescribes; applications may be submitted by mail, fax, or electronic means.
If the Secretary cannot verify that an applicant meets required qualifications and standards within 90 days after receiving the application, the Secretary shall recognize the individual on a conditional and temporary basis for a one-year period. At the end of that one-year period, the Secretary shall continue conditional temporary recognition for additional one-year periods until verification occurs.
The Secretary may not suspend, exclude from practice before the Department, fine under section 5905, or refuse to recognize an individual as an agent or attorney under this section solely because that individual charged a claimant a fee for services on or before the date of enactment, or charged while not recognized under this section prior to enactment.
Expand sections to see detailed analysis
Referred to the House Committee on Veterans' Affairs.
Introduced February 27, 2025 by John Bergman · Last progress February 27, 2025
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Referred to the House Committee on Veterans' Affairs.
Introduced in House