Protect Our Disabled Heroes Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1718 To amend title 38, United States Code, to reinstate criminal penalties for persons charging veterans unauthorized fees, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 5, 2019 Mr. RUBIO (for himself, Mr. BLUNT, and Mr. YOUNG) introduced the fol- lowing bill; which was read twice and referred to the Committee on Vet- erans’ Affairs A BILL To amend title 38, United States Code, to reinstate criminal penalties for persons charging veterans unauthorized fees, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect Our Disabled 4 Heroes Act of 2019’’. 5 SEC. 2. REINSTATEMENT OF PENALTIES FOR CHARGING 6 VETERANS UNAUTHORIZED FEES. 7 (a) IN GENERAL.—Section 5905 of title 38, United 8 States Code, is amended to read as follows: 9 VerDate Sep 11 2014 17:04 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1718.IS S1718 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1718 IS ‘‘§ 5905. Penalty for certain acts 1 ‘‘Except as provided in section 5904 or 1984 of this 2 title, whoever— 3 ‘‘(1) in connection with a proceeding before the 4 Department, knowingly solicits, contracts for, 5 charges, or receives any fee or compensation in con- 6 nection for— 7 ‘‘(A) the provision of advice on how to file 8 a claim for benefits under the laws adminis- 9 tered by the Secretary; or 10 ‘‘(B) the preparation, presentation, or 11 prosecution of such a claim before the date on 12 which a notice of disagreement is filed in a pro- 13 ceeding on the claim; 14 ‘‘(2) attempts to solicit, contract, charge, or re- 15 ceive as described in paragraph (1); 16 ‘‘(3) unlawfully withholds from any claimant or 17 beneficiary any part of a benefit or claim under the 18 laws administered by the Secretary that is allowed 19 and due to the claimant or beneficiary, or attempts 20 to do so; 21 ‘‘(4) commits an offense punishable by this 22 chapter, or aids, abets, counsels, commands, or pro- 23 cures the commission of such an act; or 24 ‘‘(5) causes an act to be done, which if directly 25 performed would be punishable by this chapter, 26 VerDate Sep 11 2014 17:04 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1718.IS S1718 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1718 IS shall be fined as provided in title 18, or imprisoned for 1 not more than one year, or both.’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall apply with respect to acts committed 4 after the date of the enactment of this Act. 5 Æ VerDate Sep 11 2014 17:04 Jun 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1718.IS S1718 pamtmann on DSKBFK8HB2PROD with BILLS