I 

110TH CONGRESS 

1ST SESSION H. R. 1318 

To amend title 38, United States Code, to repeal the authority for agent 

or attorney representation in veterans benefits cases before the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2007 

Mr. LEWIS of Kentucky introduced the following bill; which was referred to 

the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to repeal the authority for agent or attorney representation in veterans benefits cases before the Department of Veterans Affairs. 

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’ Benefits 

5 Protection Act’’. 


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1 SEC. 2. REPEAL OF AUTHORITY FOR AGENT OR ATTORNEY 

2 REPRESENTATION IN VETERANS BENEFITS 

3 CASES BEFORE THE DEPARTMENT OF VET4 ERANS AFFAIRS. 

5 (a) REPEAL.—Title 38, United States Code, is 

6 amended— 

7 (1) in section 5904— 

8 (A) in subsection (a)— 

9 (i) by striking ‘‘(1) Except as pro10 vided in paragraph (4), the Secretary’’ and 

11 inserting ‘‘The Secretary’’; 

12 (ii) by striking paragraphs (2) 

13 through (6); and 

14 (iii) by inserting after the period at 

15 the end the following new sentence: ‘‘The 

16 Secretary may require that individuals, be17 fore being recognized under this section, 

18 show that they are of good moral character 

19 and in good repute, are qualified to render 

20 claimants valuable service, and otherwise 

21 are competent to assist claimants in pre22 senting claims.’’; and 

23 (B) in subsection (b)— 

24 (i) by striking paragraphs (6) through 

25 (9); 


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1 (ii) in paragraph (4), by inserting 

2 ‘‘or’’ after the semicolon; and 

3 (iii) in paragraph (5), by striking the 

4 semicolon and inserting a period; 

5 (2) in section 5902(b)— 

6 (A) by striking ‘‘(1)’’; 

7 (B) by striking paragraph (2); and 

8 (C) by redesignating subparagraphs (A) 

9 and (B) as paragraphs (1) and (2), respectively; 

10 and 

11 (3) in section 5903— 

12 (A) by striking subsection (b); and 

13 (B) by striking ‘‘(a) IN GENERAL—’’. 

14 (b) REPEAL OF MODIFICATION OF DATE FOR COM15 MENCEMENT OF SERVICES.— 

16 (1) IN GENERAL.—Effective as provided in 

17 paragraph (2), subsection (c) of section 5904 of 

18 such title is amended— 

19 (A) by striking paragraph (3) and redesig20 nating paragraph (4) as paragraph (3); 

21 (B) in paragraph (1)— 

22 (i) by striking ‘‘a notice of disagree23 ment is filed with respect to’’ and inserting 

24 ‘‘the Board of Veterans’ Appeals first 

25 makes a final decision in’’; 


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1 (ii) by inserting after ‘‘in the case.’’ 

2 the following new sentence: ‘‘Such a fee 

3 may be charged, allowed, or paid in the 

4 case of services provided after such date 

5 only if an agent or attorney is retained 

6 with respect to such case before the end of 

7 the one-year period beginning on that 

8 date.’’; 

9 (iii) in the last sentence, by striking 

10 ‘‘fees charged, allowed, or paid for’’; and 

11 (iv) by striking ‘‘paragraph (4)’’ and 

12 inserting ‘‘paragraph (3)’’; and 

13 (C) in paragraph (2)— 

14 (i) by striking ‘‘after a notice of dis15 agreement is filed with respect to the case’’ 

16 and inserting ‘‘after the Board first makes 

17 a final decision in the case’’; 

18 (ii) by striking ‘‘with the Secretary 

19 pursuant to regulations prescribed by the 

20 Secretary’’ and inserting ‘‘with the Board 

21 at such time as may be specified by the 

22 Board’’; and 

23 (iii) by adding at the end the fol24 lowing new sentences: ‘‘The Board, upon 

25 its own motion or the request of either 


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1 party, may review such a fee agreement 

2 and may order a reduction in the fee called 

3 for in the agreement if the Board finds 

4 that the fee is excessive or unreasonable. A 

5 finding or order of the Board under the 

6 preceding sentence may be reviewed by the 

7 United States Court of Appeals for Vet8 erans Claims under section 7263(d) of this 

9 title.’’ 

10 (c) REPEAL OF REPEAL OF PENALTY.—Section 5905 

11 is amended by inserting after ‘‘Whoever’’ the following: 

12 ‘‘(1) directly or indirectly solicits, contracts for, charges, 

13 or receives, or attempts to solicit, contract for, charge, or 

14 receive, any fee or compensation except as provided in sec15 tions 5904 or 1984 of this title, or (2)’’. 

16 (d) CONFORMING REPEALS.—Section 101 of the Vet17 erans Benefits, Health Care, and Information Technology 

18 Act of 2006 (Public Law 109–461) is amended— 

19 (1) in subsection (c), by striking paragraph (2); 

20 and 

21 (2) by striking subsections (h) and (i). 

Æ 


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