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 administra-
tive 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans’ Choice of 
Representation Act of 2006’’. 
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SEC. 2. ATTORNEY REPRESENTATION IN VETERANS BENE-
FITS CLAIMS CASES BEFORE THE DEPART-
MENT OF VETERANS AFFAIRS. 
(a) QUALIFICATIONS AND STANDARDS OF CONDUCT 
FOR INDIVIDUALS RECOGNIZED AS AGENTS OR ATTOR-
NEYS.— 
(1) ADDITIONAL QUALIFICATIONS AND STAND-
ARDS FOR AGENTS AND ATTORNEYS GENERALLY.— 
Subsection (a) of section 5904 of title 38, United 
States Code, is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(B) by striking the second sentence; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(2) The Secretary may prescribe in regulations 
qualifications and standards of conduct for individuals rec-
ognized under this section, including the following: 
‘‘(A) A requirement that, before being recog-
nized, an individual— 
‘‘(i) show that such individual is of good 
moral character and in good repute, is qualified 
to render claimants valuable service, and is oth-
erwise competent to assist claimants in pre-
senting claims; and 
‘‘(ii) has such level of experience and spe-
cialized training as the Secretary shall specify. 
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‘‘(B) A requirement that the individual follow 
such standards of conduct as the Secretary shall 
specify. 
‘‘(3) The Secretary may prescribe in regulations re-
strictions on the amount of fees that an agent or attorney 
may charge a claimant for services rendered in the prepa-
ration, presentation, and prosecution of a claim before the 
Department.’’. 
(2) APPLICABILITY
TO
REPRESENTATIVES
OF 
VETERANS
SERVICE
ORGANIZATIONS.—Section 
5902(b) of such title is amended— 
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) An individual recognized under this section shall 
be subject to suspension under section 5904(b) of this title 
on the same basis as an individual recognized under sec-
tion 5904(a) of this title.’’. 
(3) APPLICABILITY
TO
INDIVIDUALS
RECOG-
NIZED FOR PARTICULAR CLAIMS.—Section 5903 of 
such title is amended— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ be-
fore ‘‘The Secretary’’; and 
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(B) by adding at the end the following new 
subsection: 
‘‘(b) SUSPENSION.—An individual recognized under 
this section shall be subject to suspension under section 
5904(b) of this title on the same basis as an individual 
recognized under section 5904(a) of this title.’’. 
(b) ADDITIONAL BASES FOR SUSPENSION OF INDI-
VIDUALS.—Subsection (b) of section 5904 of such title is 
amended— 
(1) by inserting ‘‘and sections 5902 and 5903 
of this title’’ after ‘‘under this section’’; 
(2) in paragraph (4), by striking ‘‘or’’ at the 
end; 
(3) in paragraph (5), by striking the period and 
inserting a semicolon; and 
(4) by adding at the end the following new 
paragraphs: 
‘‘(6) has failed to conduct himself or herself 
with due regard for the non-adversarial nature of 
any proceeding before the Department; 
‘‘(7) has presented frivolous claims, issues, or 
arguments to the Department; or 
‘‘(8) has failed to comply with any other condi-
tion specified by the Secretary in regulations pre-
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scribed by the Secretary for purposes of this sub-
section.’’. 
(c) REPEAL OF LIMITATION ON HIRING AGENTS OR 
ATTORNEYS.—Subsection (c) of section 5904 of such title 
is amended by striking paragraph (1). 
(d) MODIFICATION OF REQUIREMENTS TO FILE AT-
TORNEY FEE AGREEMENTS.—Such subsection is further 
amended— 
(1) by redesignating paragraph (2) as para-
graph (1); and 
(2) in that paragraph, as so redesignated— 
(A) by striking ‘‘in a case referred to in 
paragraph (1) of this subsection’’; 
(B) by striking ‘‘after the Board first 
makes a final decision in the case’’; 
(C) by striking ‘‘with the Board at such 
time as may be specified by the Board’’ and in-
serting ‘‘with the Secretary pursuant to regula-
tions prescribed by the Secretary’’; and 
(D) by striking the second and third sen-
tences. 
(e) ATTORNEY FEES.—Such subsection is further 
amended by inserting after paragraph (1), as redesignated 
by subsection (d)(1) of this section, the following new 
paragraph (2): 
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