II 

109TH CONGRESS 

2D SESSION S. 2694 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2006 

Mr. CRAIG (for himself and Mr. GRAHAM) introduced the following bill; which 

was read twice and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Choice of 

5 Representation Act of 2006’’. 


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1 SEC. 2. ATTORNEY REPRESENTATION IN VETERANS BENE2 FITS CLAIMS CASES BEFORE THE DEPART3 MENT OF VETERANS AFFAIRS. 

4 (a) QUALIFICATIONS AND STANDARDS OF CONDUCT

5 FOR INDIVIDUALS RECOGNIZED AS AGENTS OR ATTOR6 NEYS.— 

7 (1) ADDITIONAL QUALIFICATIONS AND STAND8 ARDS FOR AGENTS AND ATTORNEYS GENERALLY.— 

9 Subsection (a) of section 5904 of title 38, United 

10 States Code, is amended— 

11 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

12 (B) by striking the second sentence; and 

13 (C) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(2) The Secretary may prescribe in regulations 

16 qualifications and standards of conduct for individuals rec17 ognized under this section, including the following: 

18 ‘‘(A) A requirement that, before being recog19 nized, an individual— 

20 ‘‘(i) show that such individual is of good 

21 moral character and in good repute, is qualified 

22 to render claimants valuable service, and is oth23 erwise competent to assist claimants in pre24 senting claims; and 

25 ‘‘(ii) has such level of experience and spe26 cialized training as the Secretary shall specify. 


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1 ‘‘(B) A requirement that the individual follow 

2 such standards of conduct as the Secretary shall 

3 specify. 

4 ‘‘(3) The Secretary may prescribe in regulations re5 strictions on the amount of fees that an agent or attorney 

6 may charge a claimant for services rendered in the prepa7 ration, presentation, and prosecution of a claim before the 

8 Department. 

9 ‘‘(4)(A) The Secretary may, on a periodic basis, col10 lect from individuals recognized as agents or attorneys 

11 under this section a registration fee. 

12 ‘‘(B) The Secretary shall prescribe the amount and 

13 frequency of collection of such fees. The amount of such 

14 fees may include an amount, as specified by the Secretary, 

15 necessary to defray the costs of the Department in recog16 nizing individuals under this section, in administering the 

17 collection of such fees, in administering the payment of 

18 fees under subsection (d), and in conducting oversight of 

19 agents or attorneys. 

20 ‘‘(C) Amounts so collected shall be deposited in the 

21 account from which amounts for such costs were derived, 

22 merged with amounts in such account, and available for 

23 the same purpose, and subject to the same conditions and 

24 limitations, as amounts in such account.’’. 


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1 (2) APPLICABILITY TO REPRESENTATIVES OF

2 VETERANS SERVICE ORGANIZATIONS.—Section 

3 5902(b) of such title is amended— 

4 (A) by redesignating paragraphs (1) and 

5 (2) as subparagraphs (A) and (B), respectively; 

6 (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

7 (C) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) An individual recognized under this section shall 

10 be subject to suspension under section 5904(b) of this title 

11 on the same basis as an individual recognized under sec12 tion 5904(a) of this title.’’. 

13 (3) APPLICABILITY TO INDIVIDUALS RECOG14 NIZED FOR PARTICULAR CLAIMS.—Section 5903 of 

15 such title is amended— 

16 (A) by inserting ‘‘(a) IN GENERAL.—’’ be17 fore ‘‘The Secretary’’; and 

18 (B) by adding at the end the following new 

19 subsection: 

20 ‘‘(b) SUSPENSION.—An individual recognized under 

21 this section shall be subject to suspension under section 

22 5904(b) of this title on the same basis as an individual 

23 recognized under section 5904(a) of this title.’’. 


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1 (b) ADDITIONAL BASES FOR SUSPENSION OF INDI2 VIDUALS.—Subsection (b) of section 5904 of such title is 

3 amended— 

4 (1) by inserting ‘‘and sections 5902 and 5903 

5 of this title’’ after ‘‘under this section’’; 

6 (2) in paragraph (4), by striking ‘‘or’’ at the 

7 end; 

8 (3) in paragraph (5), by striking the period and 

9 inserting a semicolon; and 

10 (4) by adding at the end the following new 

11 paragraphs: 

12 ‘‘(6) has failed to conduct himself or herself 

13 with due regard for the non-adversarial nature of 

14 any proceeding before the Department; 

15 ‘‘(7) has presented frivolous claims, issues, or 

16 arguments to the Department; or 

17 ‘‘(8) has failed to comply with any other condi18 tion specified by the Secretary in regulations pre19 scribed by the Secretary for purposes of this sub20 section.’’. 

21 (c) REPEAL OF LIMITATION ON HIRING AGENTS OR

22 ATTORNEYS.—Subsection (c) of section 5904 of such title 

23 is amended by striking paragraph (1). 


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1 (d) MODIFICATION OF REQUIREMENTS TO FILE AT2 TORNEY FEE AGREEMENTS.—Such subsection is further 

3 amended— 

4 (1) by redesignating paragraph (2) as para5 graph (1); and 

6 (2) in that paragraph, as so redesignated— 

7 (A) by striking ‘‘in a case referred to in 

8 paragraph (1) of this subsection’’; 

9 (B) by striking ‘‘after the Board first 

10 makes a final decision in the case’’; 

11 (C) by striking ‘‘with the Board at such 

12 time as may be specified by the Board’’ and in13 serting ‘‘with the Secretary pursuant to regula14 tions prescribed by the Secretary’’; and 

15 (D) by striking the second and third sen16 tences. 

17 (e) ATTORNEY FEES.—Such subsection is further 

18 amended by inserting after paragraph (1), as redesignated 

19 by subsection (d)(1) of this section, the following new 

20 paragraph (2): 

21 ‘‘(2)(A) The Secretary, upon the Secretary’s own mo22 tion or at the request of the claimant, may review a fee 

23 agreement filed pursuant to paragraph (1) and may order 

24 a reduction in the fee called for in the agreement if the 

25 Secretary finds that the fee is excessive or unreasonable. 


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1 ‘‘(B) A finding or order of the Secretary under sub2 paragraph (A) may be reviewed by the Board of Veterans’ 

3 Appeals under section 7104 of this title.’’. 

4 (f) REPEAL OF PENALTY FOR CERTAIN ACTS.—Sec5 tion 5905 of such title is amended by striking ‘‘(1)’’ and 

6 all that follows through ‘‘(2)’’. 

7 (g) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—The amendments made by 

9 this section shall take effect six months after the 

10 date of the enactment of this Act. 

11 (2) REGULATIONS.—The Secretary shall pre12 scribe the regulations, if any, to be prescribed under 

13 the amendments made by subsection (a) not later 

14 than the date specified in paragraph (1). 

15 (3) CLAIMS.—The amendments made by sub16 sections (b), (c), (d), and (e) shall apply to claims 

17 submitted on or after the date specified in para18 graph (1). 

Æ 


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