[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 3132 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 3132 To amend title 38, United States Code, to allow for certain fee agreements for services rendered in the preparation, presentation, and prosecution of initial claims and supplemental claims for benefits under laws administered by the Secretary of Veterans Affairs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 1, 2025 Mr. Bergman (for himself, Mr. Bost, Mr. Self, and Mr. Van Orden) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to allow for certain fee agreements for services rendered in the preparation, presentation, and prosecution of initial claims and supplemental claims for benefits under laws administered by the Secretary of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Certified Help Options in Claims Expertise for Veterans Act of 2025'' or the ``CHOICE for Veterans Act of 2025''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Promotion of availability of assistance from individuals recognized by Secretary of Veterans Affairs for preparation, presentation, and prosecution of certain claims for benefits under laws administered by the Secretary. Sec. 3. Agents and attorneys in certain claims under laws administered by Secretary of Veterans Affairs: applications for recognition; grounds for suspension; fees allowable. Sec. 4. Penalties for certain acts during the preparation, presentation, or prosecution of claims for benefits under laws administered by the Secretary of Veterans Affairs. Sec. 5. Comptroller General review of process for recognition of agents and attorneys for preparation, presentation, and prosecution of certain claims under laws administered by the Secretary. Sec. 6. Publication of information with respect to recognition as agent or attorney for preparation, presentation, and prosecution of certain claims under laws administered by the Secretary; biennial review. Sec. 7. Federal preemption. Sec. 8. Extension of certain limits on payments of pension. SEC. 2. PROMOTION OF AVAILABILITY OF ASSISTANCE FROM INDIVIDUALS RECOGNIZED BY SECRETARY OF VETERANS AFFAIRS FOR PREPARATION, PRESENTATION, AND PROSECUTION OF CERTAIN CLAIMS FOR BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY. (a) Notice of Availability of Assistance From Accredited Persons.-- Section 5103A of title 38, United States Code, is amended-- (1) by redesignating subsections (g) through (i) as subsections (h) through (j), respectively; or (2) by inserting after subsection (f) the following new subsections: ``(g) Notice of Availability of Representation.--(1) Upon receipt of a claim, or supplemental claim, by a claimant not represented by an accredited person, the Secretary shall provide notice to the claimant that-- ``(A) an accredited person may be available to the claimant for the preparation, presentation, or prosecution of such claim or supplemental claim; ``(B) an organization recognized under section 5902 of this title is available to the claimant for the preparation, presentation, or prosecution of such claim or supplemental claim at no cost to the claimant; and ``(C) includes the web addresses of the Department websites described in paragraph (2). ``(2)(A) The Secretary shall maintain, on a publicly available website of the Department-- ``(i) a list of accredited persons available to the claimant for the 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 behalf of the claimant; and ``(II) any fee charged by such person associated with such preparation, presentation, or prosecution. ``(B) With respect to the list described in paragraph (1)(A), the Secretary shall-- ``(i) update the such list not less than quarterly; and ``(ii) ensure such list is easily accessible to a claimant. ``(3) In this subsection, the term `accredited person' means-- ``(A) an organization recognized under section 5902 of this title; or ``(B) an attorney, agent, or other person recognized under section 5904 of this title.''. (b) Online Warnings of Fees for Certain Representation.--The Secretary of Veterans Affairs shall include, in each web portal of the Department of Veterans Affairs through which an individual may file a claim for a benefit under the laws administered by the Secretary, a warning with respect to fees an agent or attorney recognized under section 5904 of such title may charge such individual associated with the preparation, presentation, or prosecution of such claim. Such warning shall include the web addresses of the Department websites maintained pursuant to subsection (g) of section 5103A of such title, as added by subsection (a). (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall-- (1) complete a review the regulations, processes, and procedures of the Department of Veterans Affairs that with respect to the recognition of agents and attorneys under section 5904 of such title; (2) develop recommendations for legislative or administrative action to improve such regulations, processes, and procedures; and (3) submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that includes-- (A) the findings of the review under paragraph (1); and (B) the recommendations developed under paragraph (2). SEC. 3. AGENTS AND ATTORNEYS IN CERTAIN CLAIMS UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS: APPLICATIONS FOR RECOGNITION; GROUNDS FOR SUSPENSION; FEES ALLOWABLE. (a) In General.--Section 5904 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by inserting ``(A)'' before ``Except''; and (ii) by adding at the end the following new subparagraphs: ``(B)(i) An individual desiring recognition under this section shall submit to the Secretary an application in such form, at such time, and containing such information and assurances as the Secretary has determined appropriate to recognize such individual under this section. ``(ii) If the Secretary cannot verify whether the individual satisfies the qualifications and standards prescribed under paragraph (2) before the end of the 180-day period beginning after the date on which the Secretary receives an application under clause (i), the Secretary shall recognize the individual on a conditional and temporary basis for a one-year period. ``(iii) At the end of such one-year period, the Secretary shall recognize the individual on a conditional and temporary basis for such additional 180-day periods until the date on which the Secretary can verify whether the individual satisfies such qualifications and standards. ``(C)(i) The Secretary may not refuse to recognize under this section an individual as an agent or attorney solely on the basis that such individual-- ``(I) before the date of the enactment of this subparagraph-- ``(aa) charged a claimant a fee for services rendered in the preparation, presentation, or prosecution of an initial claim; or ``(bb) charged a claimant a fee for such services while such individual was not recognized under this section; or ``(II) is an employee of a nonprofit organization and seeks recognition under this section in the official capacity of such individual. ``(ii) In this subparagraph, the term `nonprofit organization' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.''; and (B) by adding at the end the following new paragraphs: ``(7)(A) The Secretary shall prescribe regulations to recognize an individual as an agent or attorney to render services in the preparation, presentation, and prosecution of initial claims, or a supplemental claim presented after a final decision with respect to that claim. ``(B) The Secretary may charge and collect an assessment from an individual who-- ``(i) seeks recognition under this section as an agent or attorney for the preparation, presentation, and prosecution of an initial claim under the laws administered by the Secretary or a supplemental claim presented after a final decision with respect to that claim; and ``(ii) charges or collects fees from a claimant for services rendered in such preparation, presentation, and prosecution. ``(C) An assessment described in subparagraph (B) shall-- ``(i) be in such amount as the Secretary prescribes in regulations and determines appropriate; and ``(ii) may not exceed $500. ``(D) Amounts collected under this paragraph shall be deposited in a revolving fund in the Treasury of the United States. Such amounts shall be available to the Secretary for the administration of this section. ``(8)(A) An individual recognized as agent or attorney under this section for the preparation, presentation, or prosecution of an initial claim, or a supplemental claim presented after a final decision with respect to that claim, may not-- ``(i) charge any fee for services rendered in such preparation, presentation, or prosecution if-- ``(I) the Secretary determines the disability associated with such initial claim or supplemental claim is presumed to be service-connected because the disability is a chronic disease shown as such during-- ``(aa) a period of active military, naval, air, or space service; or ``(bb) the presumptive period under section 3.307 of title 38, Code of Federal Regulations (or a successor regulation); or ``(II) such initial claim or supplemental claim is filed while the claimant is serving on active duty; ``(ii) prohibit a claimant from terminating the representation agreement between the claimant and the agent or attorney prior to the date on which the agency of jurisdiction renders a decision on such initial claim or supplemental claim; ``(iii) charge any fee for services rendered in the preparation, presentation, and prosecution of such a supplemental claim that could have been filed in continuous pursuit of a claim within one year of the previous decision on that claim, but was filed after such previous decision became final solely due to delay on the part of the agent or attorney; or ``(iv) charge any fee for services rendered in the preparation, presentation, or prosecution of a supplemental claim, a request for higher-level review by the agency of original jurisdiction under section 5104B of this title, or notice of disagreement pursuant to section 5104C(a), where another individual employed by the same organization as the agent or attorney, or employed by a subsidiary of the such organization, previously charged the claimant a fee for the preparation, presentation, or prosecution of the initial claim, or the supplemental claim presented after a final decision with respect to that claim. ``(B)(i) Agents or attorneys recognized under this section shall, pursuant to regulations prescribed by the Secretary, file a copy of any fee agreement between the agent or attorney and a claimant for the preparation, presentation, or prosecution of an initial claim, or a supplemental claim presented after a final decision with respect to that claim. ``(ii) The Office of General Counsel of the Department may audit agents or attorneys recognized under this section to ensure compliance with the requirements of this paragraph.''; (2) in subsection (b)-- (A) by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively; (B) by inserting ``(1)'' before ``The Secretary, after notice''; (C) in paragraph (1), as designated by subparagraph (B)-- (i) in subparagraph (H), as so redesignated, by striking ``subsection (c)(3)(A); or'' and inserting ``subsection (c)(2)(A)''; (ii) in subparagraph (I), as so redesignated, by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: ``(J) has failed to keep client data and personally identifiable information in accordance with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1301 et seq.), including the data security requirements and implementing regulations of that Act; ``(K) has sold, or otherwise received consideration for the referral of, any personally identifiable information or other data and information relating to an individual for whom the agent or attorney provided services with respect to the preparation, presentation, or prosecution of a claim under a law administered by the Secretary; ``(L) has entered into a fee agreement with a claimant, or otherwise received consideration from a claimant, for the preparation, presentation, or prosecution of an initial claim under the laws administered by the Secretary, or a supplemental claim presented after a final decision with respect to that claim, and referred such claimant to a private medical professional-- ``(i) with whom the agent or attorney has a business relationship; and ``(ii) who would receive any fee or other consideration for the provision of any service related to such initial claim or supplemental claim; or ``(M) has used an overseas call center to assist with marketing, initiation, or assistance with, the preparation, presentation, or prosecution of a claim under a law administered by the Secretary.''; and (D) by adding at the end the following new paragraph: ``(2) Not later than one year after the date of the enactment of the Certified Help Options in Claims Expertise for Veterans Act of 2025, and annually thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report that includes with respect to the period covered by the report-- ``(A) the number of individuals denied recognition under subsection (a); ``(B) for each individual denied recognition under such subsection, a statement of the reasons for such denial; ``(C) the number of individuals suspended or excluded from further practice pursuant to this subsection; ``(D) for each individual so suspended or excluded, a statement of the reasons for such suspension or exclusion; ``(E) the number of individuals granted temporary and conditional recognition pursuant to clause (ii) or (iii) of subsection (a)(1)(B) penalized under subsection (c) of section 5905 of this title; and ``(F) for each individual so penalized, a statement of the reasons for such penalty.''; (3) in subsection (c)-- (A) by inserting ``Fee Agreements.--'' after ``(c)''; (B) in paragraph (1), by striking ``paragraph (4)'' and inserting ``paragraph (4) or paragraph (5)''; (C) in paragraph (2)-- (i) by striking ``in a case referred to in paragraph (1) of this subsection''; and (ii) by inserting ``in a case'' after ``represents a person''; and (D) by adding at the end the following new paragraph: ``(5)(A) In connection with a proceeding before the Department with respect to benefits under laws administered by the Secretary, a fee agreement between a claimant and an agent or attorney for the preparation, presentatio