Summary
# H.R. 1822: PLUS for Veterans Act of 2023
## WHAT THIS BILL DOES
This bill changes the rules for how agents and attorneys can help veterans file claims for benefits with the Department of Veterans Affairs. It sets limits on the fees these representatives can charge and creates new procedures for recognizing and disciplining agents and attorneys who work with veterans.
## WHO IT AFFECTS
• Veterans filing claims for benefits
• Agents and attorneys who represent veterans in claims
• The Secretary of Veterans Affairs and VA staff
• Organizations recognized to help veterans with claims
## KEY PROVISIONS
• The Secretary must decide within 90 days whether to recognize an agent or attorney applying for permission to represent veterans. If the Secretary cannot verify qualifications within 90 days, the agent or attorney is automatically recognized. (Sec. 3)
• Agents and attorneys cannot be denied recognition simply because they charge veterans a fee for their services. (Sec. 3)
• Agents and attorneys can charge either a flat fee of up to $12,500 (adjusted yearly based on cost of living increases) or a fee based on 5 times the monthly increase in benefits the veteran receives, whichever agreement is chosen. These fees apply only if the veteran's claim is approved. (Sec. 4)
• The fee form must notify veterans that recognized organizations provide free services and that veterans can choose their own private doctor for medical exams, without the agent or attorney referring them to doctors they have business relationships with. (Sec. 4)
• Anyone who charges veterans unauthorized fees for preparing, presenting or prosecuting claims can be fined or imprisoned for up to one year. (Sec. 5)
• The Secretary must submit yearly reports to Congress listing how many agents and attorneys were suspended or denied recognition and why. (Sec. 3)
## WHAT CHANGES
If this bill becomes law, agents and attorneys will have a faster way to get approved to work with veterans (automatic recognition after 90 days if the VA cannot verify qualifications). Veterans will have clearer fee limits and protections against conflicts of interest with doctors. Unauthorized fee-charging will become a crime with jail time as a possible penalty. The VA must also track and report on enforcement actions against representatives annually.
## IMPORTANT DEFINITIONS
• "Claim" means a request for veteran benefits under laws the Secretary of Veterans Affairs manages
• "Course of representation" means preparation, presentation or prosecution of a claim
• "Resolved in a manner favorable to the claimant" means all or any part of the relief sought is granted (Sec. 4)
## EFFECTIVE DATE
Most provisions take effect when signed into law. The penalties for unauthorized fees take effect one year after the bill becomes law. (Sec. 5)
I
118TH CONGRESS
1ST SESSION H. R. 1822
To amend title 38, United States Code, to improve the review of claims
for benefits under laws administered by the Secretary of Veterans Affairs.
IN THE HOUSE OF REPRESENTATIVES
MARCH 28, 2023
Mr. BERGMAN (for himself and Ms. MACE) introduced the following bill; which
was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to improve the
review of claims for benefits under laws administered
by the Secretary of Veterans Affairs.
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 ‘‘Preserving Lawful Uti-
4
lization of Services for Veterans Act of 2023’’ or the
5
‘‘PLUS for Veterans Act of 2023’’.
6
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•HR 1822 IH
SEC. 2. CLARIFICATION OF PREPARATION, PRESENTATION,
1
OR PROSECUTION OF A CLAIM UNDER A LAW
2
ADMINISTERED
BY
SECRETARY
OF
VET-
3
ERANS AFFAIRS.
4
Section 5901 of title 38, United States Code, is
5
amended—
6
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
7
‘‘Except’’; and
8
(2) by adding at the end the following new sub-
9
section:
10
‘‘(b) EXCLUSION.—The administration of a medical
11
examination, or the writing of a report based on such ex-
12
amination, described in section 5125 of this title, does not
13
constitute the preparation, presentation, or prosecution of
14
a claim described in subsection (a).’’.
15
SEC. 3. AGENTS AND ATTORNEYS IN CLAIMS UNDER LAWS
16
ADMINISTERED
BY
SECRETARY
OF
VET-
17
ERANS AFFAIRS: RECOGNITION; SUSPENSION.
18
Section 5904 of title 38, United States Code, is
19
amended—
20
(1) in paragraph (1) of subsection (a)—
21
(A) by inserting ‘‘(A)’’ before ‘‘Except’’;
22
and
23
(B) by adding at the end the following new
24
subparagraphs:
25
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•HR 1822 IH
‘‘(B) The Secretary shall determine whether to recog-
1
nize under subparagraph (A) an agent or attorney who
2
applies for such recognition not later than 90 days after
3
the Secretary receives such application. If the Secretary
4
cannot verify whether the agent or attorney meets the
5
qualifications and standards prescribed under paragraph
6
(2) before the end of such 90 days, the Secretary shall
7
recognize the agent or attorney under such subparagraph.
8
‘‘(C) The Secretary may not refuse to recognize
9
under subparagraph (A) an agent or attorney solely on
10
the basis that such agent or attorney charges a claimant
11
a fee for services rendered in the preparation, presen-
12
tation, or prosecution of a claim.
13
‘‘(D) The Secretary may suspend under subsection
14
(b) an agent or attorney described in subparagraph (D)
15
without regard to the notice and opportunity for a hearing
16
under such subsection.
17
‘‘(E) An agent or attorney described in this subpara-
18
graph is an agent or attorney—
19
‘‘(i) recognized pursuant to the second sentence
20
of subparagraph (B); and
21
‘‘(ii) whom the Secretary determines, after the
22
90-day period described in such subparagraph, does
23
not meet the qualifications and standards prescribed
24
under paragraph (2).’’; and
25
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•HR 1822 IH
(2) in subsection (b)—
1
(A)
by
redesignating
paragraphs
(1)
2
through (9) as subparagraphs (A) through (I),
3
respectively;
4
(B) in the matter preceding subparagraph
5
(A), as redesignated, by inserting ‘‘(1)’’ before
6
‘‘The Secretary’’; and
7
(C) by adding at the end the following new
8
paragraph:
9
‘‘(2) Not later than one year after the date of the
10
enactment of the Preserving Lawful Utilization of Services
11
for Veterans Act of 2023 and annually thereafter, the Sec-
12
retary shall submit to the Committees on Veterans’ Affairs
13
of the Senate and House of Representatives a report re-
14
garding the number of individuals suspended under this
15
subsection or denied recognition under subsection (a),
16
disaggregated by the reasons for such suspension or denial
17
and whether the individual is—
18
‘‘(A) a representative of an organization recog-
19
nized under section 5902 of this title;
20
‘‘(B) an agent; or
21
‘‘(C) an attorney.’’.
22
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•HR 1822 IH
SEC. 4. FEES ALLOWABLE FOR REPRESENTATION OF VET-
1
ERANS FOR CLAIMS UNDER LAWS ADMINIS-
2
TERED BY SECRETARY OF VETERANS AF-
3
FAIRS.
4
(a) FEES.—Section 5904 of title 38, United States
5
Code, as amended by section 3, is further amended—
6
(1) in subsection (a)(5), by striking ‘‘prepara-
7
tion, presentation, and prosecution of a claim before
8
the Department’’ and inserting ‘‘course of represen-
9
tation described in subsection (c)(2)’’;
10
(2) in subsection (c)—
11
(A) in the heading, by inserting ‘‘FLAT
12
FEE AGREEMENTS.—’’ after ‘‘(c)’’;
13
(B) by amending paragraph (1) to read as
14
follows:
15
‘‘(1)(A) In a case other than a case described in para-
16
graph (2), a fee agreement between a claimant and an
17
agent or attorney, with respect to the preparation, presen-
18
tation, or prosecution of a claim under a law administered
19
by the Secretary, shall be a fee agreement under—
20
‘‘(i) this paragraph, using a standard agree-
21
ment form prescribed by the Secretary;
22
‘‘(ii) subsection (d); or
23
‘‘(iii) subsection (e).
24
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•HR 1822 IH
‘‘(B) A fee agreement under this paragraph is one
1
under which the total amount payable by the claimant to
2
the agent or attorney with respect to the claim—
3
‘‘(i) may not exceed $12,500 (as adjusted from
4
time to time under subparagraph (C)); and
5
‘‘(ii) is contingent on whether the claim is re-
6
solved in a manner favorable to the claimant.
7
‘‘(C) Effective on October 1 of each year (beginning
8
in the first fiscal year after the date of the enactment of
9
the Preserving Lawful Utilization of Services for Veterans
10
Act of 2023), the Secretary shall increase the dollar
11
amount in effect under clause (i) of subparagraph (B) by
12
a percentage equal to the percentage by which the Con-
13
sumer Price Index for all urban consumers (U.S. city aver-
14
age) increased during the 12-month period ending with
15
the last month for which Consumer Price Index data is
16
available. In the event that such Consumer Price Index
17
does not increase during such period, the Secretary shall
18
maintain the dollar amount in effect under such clause
19
during the previous fiscal year.
20
‘‘(D) The limitation under subparagraph (B)(i) does
21
not apply to any fee charged, allowed, or paid for services
22
provided with respect to proceedings before a court.
23
‘‘(E) For purposes of subparagraph (B)(ii), a claim
24
shall be considered to have been resolved in a manner fa-
25
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•HR 1822 IH
vorable to the claimant if all or any part of the relief
1
sought is granted.
2
‘‘(F) The form prescribed by the Secretary under
3
subparagraph (A)(i) shall include the following notifica-
4
tions to the claimant:
5
‘‘(i) That organizations recognized under sec-
6
tion 5902 of this title furnish services concerning
7
claims under laws administered by the Secretary, at
8
no cost to claimants.
9
‘‘(ii) That the claimant may select a private
10
physician for a medical examination described in sec-
11
tion 5125 of this title regarding the claim.
12
‘‘(iii) That such agent or attorney may not
13
refer the claimant to a private physician described in
14
clause (ii) with whom the agent or attorney has a
15
business relationship regarding the claim.’’;
16
(C) in paragraph (2), by striking ‘‘referred
17
to in paragraph (1) of this subsection’’ and in-
18
serting ‘‘regarding a claim under a law adminis-
19
tered by the Secretary’’;
20
(D) in paragraph (3)(A), by striking
21
‘‘paragraph (2)’’ and inserting ‘‘paragraph (1)
22
or (2)’’; and
23
(E) by striking paragraph (4); and
24
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•HR 1822 IH
(3) by adding at the end the following new sub-
1
section (e):
2
‘‘(e) PAYMENT OF FEES OUT OF AN AWARD OR IN-
3
CREASED AWARD.—(1) When a claimant and an agent or
4
attorney have entered into a fee agreement described in
5
paragraph (2), the total fee payable to the agent or attor-
6
ney (including all ancillary fees) may not exceed the
7
amount that is equal to the product of five and the amount
8
of the monthly increase of benefits awarded on the basis
9
of the claim.
10
‘‘(2) A fee agreement referred to in paragraph (1)
11
is one under which the total amount of the fee payable
12
to the agent or attorney—
13
‘‘(A) is to be paid to the agent or attorney by
14
the claimant, after commencement of the monthly
15
period of payment of monetary benefits based on an
16
award or increased award (as defined in section
17
5111(d) of this title); and
18
‘‘(B) is contingent on whether the matter is re-
19
solved in a manner favorable to the claimant.
20
‘‘(3) For the purposes of this subsection, a claim shall
21
be considered to have been resolved in a manner favorable
22
to the claimant if all or any part of the relief sought is
23
granted.’’.
24
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•HR 1822 IH
(b) REGULATIONS.—Not later than 180 days after
1
the date of the enactment of this Act, the Secretary shall
2
prescribe regulations to carry out the amendments made
3
by this section.
4
SEC. 5. REINSTATEMENT OF PENALTIES FOR CHARGING
5
VETERANS UNAUTHORIZED FEES RELATING
6
TO CLAIMS UNDER LAWS ADMINISTERED BY
7
THE SECRETARY OF VETERANS AFFAIRS.
8
(a) IN GENERAL.—Section 5905 of title 38, United
9
States Code, is amended—
10
(1) in the section heading, by striking ‘‘Pen-
11
alty’’ and inserting ‘‘Penalties’’;
12
(2) by inserting ‘‘(a) WITHHOLDING OF BENE-
13
FITS.—’’ before ‘‘Whoever’’; and
14
(3) by adding at the end the following new sub-
15
section:
16
‘‘(b) CHARGING OF UNAUTHORIZED FEES.—Except
17
as provided in sections 5904 or 1984 of this title, whoever
18
directly or indirectly solicits, contracts for, charges, or re-
19
ceives, or attempts to solicit, contract for, charge, or re-
20
ceive, any fee or compensation with respect to the prepara-
21
tion, presentation, or prosecution of any claim for benefits
22
under the laws administered by the Secretary shall be
23
fined as provided in title 18, or imprisoned not more than
24
one year, or both.’’.
25
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•HR 1822 IH
(b) CLERICAL AMENDMENT.—The table of sections
1
at the beginning of chapter 59 of such title is amended
2
by striking the item relating to section 5905 and inserting
3
the following new item:
4
‘‘5905. Penalties for certain acts.’’.
(c) EFFECTIVE DATE.—The amendments made by
5
this section shall take effect one year after the date of
6
the enactment of this Act.
7
Æ
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