I 

109TH CONGRESS 

2D SESSION H. R. 5549 

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 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. 

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 (2) APPLICABILITY TO REPRESENTATIVES OF

10 VETERANS SERVICE ORGANIZATIONS.—Section 

11 5902(b) of such title is amended— 

12 (A) by redesignating paragraphs (1) and 

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

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

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

16 paragraph: 

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

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

19 on the same basis as an individual recognized under sec20 tion 5904(a) of this title.’’. 

21 (3) APPLICABILITY TO INDIVIDUALS RECOG22 NIZED FOR PARTICULAR CLAIMS.—Section 5903 of 

23 such title is amended— 

24 (A) by inserting ‘‘(a) IN GENERAL.—’’ be25 fore ‘‘The Secretary’’; and 


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

2 subsection: 

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

4 this section shall be subject to suspension under section 

5 5904(b) of this title on the same basis as an individual 

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

7 (b) ADDITIONAL BASES FOR SUSPENSION OF INDI8 VIDUALS.—Subsection (b) of section 5904 of such title is 

9 amended— 

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

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

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

13 end; 

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

15 inserting a semicolon; and 

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

17 paragraphs: 

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

19 with due regard for the non-adversarial nature of 

20 any proceeding before the Department; 

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

22 arguments to the Department; or 

23 ‘‘(8) has failed to comply with any other condi24 tion specified by the Secretary in regulations preVerDate Aug 31 2005 22:05 Jun 09, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5549.IH H5549

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1 scribed by the Secretary for purposes of this sub2 section.’’. 

3 (c) REPEAL OF LIMITATION ON HIRING AGENTS OR

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

5 is amended by striking paragraph (1). 

6 (d) MODIFICATION OF REQUIREMENTS TO FILE AT7 TORNEY FEE AGREEMENTS.—Such subsection is further 

8 amended— 

9 (1) by redesignating paragraph (2) as para10 graph (1); and 

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

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

13 paragraph (1) of this subsection’’; 

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

15 makes a final decision in the case’’; 

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

17 time as may be specified by the Board’’ and in18 serting ‘‘with the Secretary pursuant to regula19 tions prescribed by the Secretary’’; and 

20 (D) by striking the second and third sen21 tences. 

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

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

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

25 paragraph (2): 


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1 ‘‘(2)(A) The Secretary, upon the Secretary’s own mo2 tion or at the request of the claimant, may review a fee 

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

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

5 Secretary finds that the fee is excessive or unreasonable. 

6 ‘‘(B) A finding or order of the Secretary under sub7 paragraph (A) may be reviewed by the Board of Veterans’ 

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

9 (f) REPEAL OF PENALTY FOR CERTAIN ACTS.—Sec10 tion 5905 of such title is amended by striking ‘‘(1)’’ and 

11 all that follows through ‘‘(2)’’. 

12 (g) EFFECTIVE DATE.— 

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

14 this section shall take effect six months after the 

15 date of the enactment of this Act. 

16 (2) REGULATIONS.—The Secretary shall pre17 scribe the regulations, if any, to be prescribed under 

18 the amendments made by subsection (a) not later 

19 than the date specified in paragraph (1). 

20 (3) CLAIMS.—The amendments made by sub21 sections (b), (c), (d), and (e) shall apply to claims 

22 submitted on or after the date specified in para23 graph (1). 

Æ 


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