[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