H.R. 5549 – Reading Mode

109th CONGRESS

2d Session

H. R. 5549

IN THE HOUSE OF REPRESENTATIVES

June 7, 2006

Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to remove certain limitations on attorney representation of claimants for veterans benefits in administrative proceedings before the Department of Veterans Affairs, and for other purposes.

Short title

This Act may be cited as the Veterans’ Choice of Representation Act of 2006.

Attorney representation in veterans benefits claims cases before the Department of Veterans Affairs

(a)

Qualifications and Standards of Conduct for Individuals Recognized as Agents or Attorneys

(1)

Additional qualifications and standards for agents and attorneys generally

Subsection (a) of section 5904 of title 38, United States Code, is amended—

(A)

by inserting (1) after (a);

(B)

by striking the second sentence; and

(C)

by adding at the end the following new paragraphs:

(2)

The Secretary may prescribe in regulations qualifications and standards of conduct for individuals recognized under this section, including the following:

(A)

A requirement that, before being recognized, an individual—

(i)

show that such individual is of good moral character and in good repute, is qualified to render claimants valuable service, and is otherwise competent to assist claimants in presenting claims; and

(ii)

has such level of experience and specialized training as the Secretary shall specify.

(B)

A requirement that the individual follow such standards of conduct as the Secretary shall specify.

(3)

The Secretary may prescribe in regulations restrictions on the amount of fees that an agent or attorney may charge a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department.

(2)

Applicability to representatives of veterans service organizations

Section 5902(b) of such title is amended—

(A)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(B)

by inserting (1) after (b); and

(C)

by adding at the end the following new paragraph:

(2)

An individual recognized under this section shall be subject to suspension under section 5904(b) of this title on the same basis as an individual recognized under section 5904(a) of this title.

(3)

Applicability to individuals recognized for particular claims

Section 5903 of such title is amended—

(A)

by inserting (a) In general.— before The Secretary; and

(B)

by adding at the end the following new subsection:

(b)

Suspension

An individual recognized under this section shall be subject to suspension under section 5904(b) of this title on the same basis as an individual recognized under section 5904(a) of this title.

(b)

Additional Bases for Suspension of Individuals

Subsection (b) of section 5904 of such title is amended—

(1)

by inserting and sections 5902 and 5903 of this title after under this section;

(2)

in paragraph (4), by striking or at the end;

(3)

in paragraph (5), by striking the period and inserting a semicolon; and

(4)

by adding at the end the following new paragraphs:

(6)

has failed to conduct himself or herself with due regard for the non-adversarial nature of any proceeding before the Department;

(7)

has presented frivolous claims, issues, or arguments to the Department; or

(8)

has failed to comply with any other condition specified by the Secretary in regulations prescribed by the Secretary for purposes of this subsection.

(c)

Repeal of Limitation on Hiring Agents or Attorneys

Subsection (c) of section 5904 of such title is amended by striking paragraph (1).

(d)

Modification of Requirements to File Attorney Fee Agreements

Such subsection is further amended—

(1)

by redesignating paragraph (2) as paragraph (1); and

(2)

in that paragraph, as so redesignated—

(A)

by striking in a case referred to in paragraph (1) of this subsection;

(B)

by striking after the Board first makes a final decision in the case;

(C)

by striking with the Board at such time as may be specified by the Board and inserting with the Secretary pursuant to regulations prescribed by the Secretary; and

(D)

by striking the second and third sentences.

(e)

Attorney Fees

Such subsection is further amended by inserting after paragraph (1), as redesignated by subsection (d)(1) of this section, the following new paragraph (2):

(2)

(A)

The Secretary, upon the Secretary’s own motion or at the request of the claimant, may review a fee agreement filed pursuant to paragraph (1) and may order a reduction in the fee called for in the agreement if the Secretary finds that the fee is excessive or unreasonable.

(B)

A finding or order of the Secretary under subparagraph (A) may be reviewed by the Board of Veterans’ Appeals under section 7104 of this title.

(f)

Repeal of Penalty for Certain Acts

Section 5905 of such title is amended by striking (1) and all that follows through (2).

(g)

Effective Date

(1)

In general

The amendments made by this section shall take effect six months after the date of the enactment of this Act.

(2)

Regulations

The Secretary shall prescribe the regulations, if any, to be prescribed under the amendments made by subsection (a) not later than the date specified in paragraph (1).

(3)

Claims

The amendments made by subsections (b), (c), (d), and (e) shall apply to claims submitted on or after the date specified in paragraph (1).