I 
119TH CONGRESS 
1ST SESSION H. R. 3132 
To amend title 38, United States Code, to allow for certain fee agreements 
for services rendered in the preparation, presentation, and prosecution 
of initial claims and supplemental claims for benefits under laws adminis-
tered by the Secretary of Veterans Affairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 1, 2025 
Mr. BERGMAN (for himself, Mr. BOST, Mr. SELF, and Mr. VAN ORDEN) intro-
duced the following bill; which was referred to the Committee on Vet-
erans’ Affairs 
A BILL 
To amend title 38, United States Code, to allow for certain 
fee agreements for services rendered in the preparation, 
presentation, and prosecution of initial claims and sup-
plemental claims for benefits under laws administered 
by the Secretary of Veterans Affairs, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Certified Help Options in Claims Expertise for Veterans 
Act of 2025’’ or the ‘‘CHOICE for Veterans Act of 2025’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Promotion of availability of assistance from individuals recognized by 
Secretary of Veterans Affairs for preparation, presentation, 
and prosecution of certain claims for benefits under laws ad-
ministered by the Secretary. 
Sec. 3. Agents and attorneys in certain claims under laws administered by Sec-
retary of Veterans Affairs: applications for recognition; 
grounds for suspension; fees allowable. 
Sec. 4. Penalties for certain acts during the preparation, presentation, or pros-
ecution of claims for benefits under laws administered by the 
Secretary of Veterans Affairs. 
Sec. 5. Comptroller General review of process for recognition of agents and at-
torneys for preparation, presentation, and prosecution of cer-
tain claims under laws administered by the Secretary. 
Sec. 6. Publication of information with respect to recognition as agent or attor-
ney for preparation, presentation, and prosecution of certain 
claims under laws administered by the Secretary; biennial re-
view. 
Sec. 7. Federal preemption. 
Sec. 8. Extension of certain limits on payments of pension. 
SEC. 2. PROMOTION OF AVAILABILITY OF ASSISTANCE 
FROM INDIVIDUALS RECOGNIZED BY SEC-
RETARY OF VETERANS AFFAIRS FOR PREPA-
RATION, PRESENTATION, AND PROSECUTION 
OF CERTAIN CLAIMS FOR BENEFITS UNDER 
LAWS ADMINISTERED BY THE SECRETARY. 
(a) NOTICE OF AVAILABILITY OF ASSISTANCE FROM 
ACCREDITED
PERSONS.—Section 5103A of title 38, 
United States Code, is amended— 
(1) by redesignating subsections (g) through (i) 
as subsections (h) through (j), respectively; or 
(2) by inserting after subsection (f) the fol-
lowing new subsections: 
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‘‘(g) NOTICE
OF AVAILABILITY
OF REPRESENTA-
TION.—(1) Upon receipt of a claim, or supplemental 
claim, by a claimant not represented by an accredited per-
son, the Secretary shall provide notice to the claimant 
that— 
‘‘(A) an accredited person may be available to 
the claimant for the preparation, presentation, or 
prosecution of such claim or supplemental claim; 
‘‘(B) an organization recognized under section 
5902 of this title is available to the claimant for the 
preparation, presentation, or prosecution of such 
claim or supplemental claim at no cost to the claim-
ant; and 
‘‘(C) includes the web addresses of the Depart-
ment websites described in paragraph (2). 
‘‘(2)(A) The Secretary shall maintain, on a 
publicly available website of the Department— 
‘‘(i) a list of accredited persons available to 
the claimant for the preparation, presentation, 
or prosecution of an initial claim or supple-
mental claim; and 
‘‘(ii) a system through which a claimant 
may report— 
‘‘(I) a person, who is not an accred-
ited person, who prepared, presented, or 
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prosecuted a claim or supplemental claim 
on behalf of the claimant; and 
‘‘(II) any fee charged by such person 
associated with such preparation, presen-
tation, or prosecution. 
‘‘(B) With respect to the list described in para-
graph (1)(A), the Secretary shall— 
‘‘(i) update the such list not less than 
quarterly; and 
‘‘(ii) ensure such list is easily accessible to 
a claimant. 
‘‘(3) In this subsection, the term ‘accredited 
person’ means— 
‘‘(A) an organization recognized under sec-
tion 5902 of this title; or 
‘‘(B) an attorney, agent, or other person 
recognized under section 5904 of this title.’’. 
(b) ONLINE WARNINGS OF FEES FOR CERTAIN REP-
RESENTATION.—The Secretary of Veterans Affairs shall 
include, in each web portal of the Department of Veterans 
Affairs through which an individual may file a claim for 
a benefit under the laws administered by the Secretary, 
a warning with respect to fees an agent or attorney recog-
nized under section 5904 of such title may charge such 
individual associated with the preparation, presentation, 
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or prosecution of such claim. Such warning shall include 
the web addresses of the Department websites maintained 
pursuant to subsection (g) of section 5103A of such title, 
as added by subsection (a). 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall— 
(1) complete a review the regulations, processes, 
and procedures of the Department of Veterans Af-
fairs that with respect to the recognition of agents 
and attorneys under section 5904 of such title; 
(2) develop recommendations for legislative or 
administrative action to improve such regulations, 
processes, and procedures; and 
(3) submit to the Committees on Veterans’ Af-
fairs of the House of Representatives and the Senate 
a report that includes— 
(A) the findings of the review under para-
graph (1); and 
(B) the recommendations developed under 
paragraph (2). 
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SEC. 3. AGENTS AND ATTORNEYS IN CERTAIN CLAIMS 
UNDER LAWS ADMINISTERED BY SECRETARY 
OF VETERANS AFFAIRS: APPLICATIONS FOR 
RECOGNITION; GROUNDS FOR SUSPENSION; 
FEES ALLOWABLE. 
(a) IN GENERAL.—Section 5904 of title 38, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘(A)’’ before ‘‘Ex-
cept’’; and 
(ii) by adding at the end the following 
new subparagraphs: 
‘‘(B)(i) An individual desiring recognition under this 
section shall submit to the Secretary an application in 
such form, at such time, and containing such information 
and assurances as the Secretary has determined appro-
priate to recognize such individual under this section. 
‘‘(ii) If the Secretary cannot verify whether the indi-
vidual satisfies the qualifications and standards prescribed 
under paragraph (2) before the end of the 180-day period 
beginning after the date on which the Secretary receives 
an application under clause (i), the Secretary shall recog-
nize the individual on a conditional and temporary basis 
for a one-year period. 
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‘‘(iii) At the end of such one-year period, the Sec-
retary shall recognize the individual on a conditional and 
temporary basis for such additional 180-day periods until 
the date on which the Secretary can verify whether the 
individual satisfies such qualifications and standards. 
‘‘(C)(i) The Secretary may not refuse to recognize 
under this section an individual as an agent or attorney 
solely on the basis that such individual— 
‘‘(I) before the date of the enactment of this 
subparagraph— 
‘‘(aa) charged a claimant a fee for services 
rendered in the preparation, presentation, or 
prosecution of an initial claim; or 
‘‘(bb) charged a claimant a fee for such 
services while such individual was not recog-
nized under this section; or 
‘‘(II) is an employee of a nonprofit organization 
and seeks recognition under this section in the offi-
cial capacity of such individual. 
‘‘(ii) In this subparagraph, the term ‘nonprofit orga-
nization’ means an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 and ex-
empt from taxation under section 501(a) of such Code.’’; 
and 
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‘‘(D) Amounts collected under this paragraph shall 
be deposited in a revolving fund in the Treasury of the 
United States. Such amounts shall be available to the Sec-
retary for the administration of this section. 
‘‘(8)(A) An individual recognized as agent or attorney 
under this section for the preparation, presentation, or 
prosecution of an initial claim, or a supplemental claim 
presented after a final decision with respect to that claim, 
may not— 
‘‘(i) charge any fee for services rendered in such 
preparation, presentation, or prosecution if— 
‘‘(I) the Secretary determines the disability 
associated with such initial claim or supple-
mental claim is presumed to be service-con-
nected because the disability is a chronic dis-
ease shown as such during— 
‘‘(aa) a period of active military, 
naval, air, or space service; or 
‘‘(bb) the presumptive period under 
section 3.307 of title 38, Code of Federal 
Regulations (or a successor regulation); or 
‘‘(II) such initial claim or supplemental 
claim is filed while the claimant is serving on 
active duty; 
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‘‘(ii) prohibit a claimant from terminating the 
representation agreement between the claimant and 
the agent or attorney prior to the date on which the 
agency of jurisdiction renders a decision on such ini-
tial claim or supplemental claim; 
‘‘(iii) charge any fee for services rendered in the 
preparation, presentation, and prosecution of such a 
supplemental claim that could have been filed in 
continuous pursuit of a claim within one year of the 
previous decision on that claim, but was filed after 
such previous decision became final solely due to 
delay on the part of the agent or attorney; or 
‘‘(iv) charge any fee for services rendered in the 
preparation, presentation, or prosecution of a sup-
plemental claim, a request for higher-level review by 
the agency of original jurisdiction under section 
5104B of this title, or notice of disagreement pursu-
ant to section 5104C(a), where another individual 
employed by the same organization as the agent or 
attorney, or employed by a subsidiary of the such or-
ganization, previously charged the claimant a fee for 
the preparation, presentation, or prosecution of the 
initial claim, or the supplemental claim presented 
after a final decision with respect to that claim. 
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‘‘(B)(i) Agents or attorneys recognized under this 
section shall, pursuant to regulations prescribed by the 
Secretary, file a copy of any fee agreement between the 
agent or attorney and a claimant for the preparation, 
presentation, or prosecution of an initial claim, or a sup-
plemental claim presented after a final decision with re-
spect to that claim. 
‘‘(ii) The Office of General Counsel of the Depart-
ment may audit agents or attorneys recognized under this 
section to ensure compliance with the requirements of this 
paragraph.’’; 
(2) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (9) as subparagraphs (A) through (I), 
respectively; 
(B) by inserting ‘‘(1)’’ before ‘‘The Sec-
retary, after notice’’; 
(C) in paragraph (1), as designated by 
subparagraph (B)— 
(i) in subparagraph (H), as so redes-
ignated, by striking ‘‘subsection (c)(3)(A); 
or’’ and inserting ‘‘subsection (c)(2)(A)’’; 
(ii) in subparagraph (I), as so redesig-
nated, by striking the period at the end 
and inserting a semicolon; and 
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(iii) by adding at the end the fol-
lowing new subparagraphs: 
‘‘(J) has failed to keep client data and per-
sonally identifiable information in accordance 
with applicable provisions of the Health Insur-
ance Portability and Accountability Act of 1996 
(42 U.S.C. 1301 et seq.), including the data se-
curity requirements and implementing regula-
tions of that Act; 
‘‘(K) has sold, or otherwise received con-
sideration for the referral of, any personally 
identifiable information or other data and infor-
mation relating to an individual for whom the 
agent or attorney provided services with respect 
to the preparation, presentation, or prosecution 
of a claim under a law administered by the Sec-
retary; 
‘‘(L) has entered into a fee agreement with 
a claimant, or otherwise received consideration 
from a claimant, for the preparation, presen-
tation, or prosecution of an initial claim under 
the laws administered by the Secretary, or a 
supplemental claim presented after a final deci-
sion with respect to that claim, and referred 
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such claimant to a private medical profes-
sional— 
‘‘(i) with whom the agent or attorney 
has a business relationship; and 
‘‘(ii) who would receive any fee or 
other consideration for the provision of any 
service related to such initial claim or sup-
plemental claim; or 
‘‘(M) has used an overseas call center to 
assist with marketing, initiation, or assistance 
with, the preparation, presentation, or prosecu-
tion of a claim under a law administered by the 
Secretary.’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(2) Not later than one year after the date of 
the enactment of the Certified Help Options in 
Claims Expertise for Veterans Act of 2025, and an-
nually thereafter, the Secretary shall submit to the 
Committees on Veterans’ Affairs of the Senate and 
House of Representatives a report that includes with 
respect to the period covered by the report— 
‘‘(A) the number of individuals denied rec-
ognition under subsection (a); 
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‘‘(B) for each individual denied recognition 
under such subsection, a statement of the rea-
sons for such denial; 
‘‘(C) the number of individuals suspended 
or excluded from further practice pursuant to 
this subsection; 
‘‘(D) for each individual so suspended or 
excluded, a statement of the reasons for such 
suspension or exclusion; 
‘‘(E) the number of individuals granted 
temporary and conditional recognition pursuant 
to clause (ii) or (iii) of subsection (a)(1)(B) pe-
nalized under subsection (c) of section 5905 of 
this title; and 
‘‘(F) for each individual so penalized, a 
statement of the reasons for such penalty.’’; 
(3) in subsection (c)— 
(A) by inserting ‘‘FEE AGREEMENTS.—’’ 
after ‘‘(c)’’; 
(B) in paragraph (1), by striking ‘‘para-
graph (4)’’ and inserting ‘‘paragraph (4) or 
paragraph (5)’’; 
(C) in paragraph (2)— 
(i) by striking ‘‘in a case referred to 
in paragraph (1) of this subsection’’; and 
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‘‘(aa) is contingent on whether the initial 
claim or supplemental claim presented after a 
final decision with respect to such claim is re-
solved in a manner favorable to the claimant; 
‘‘(bb) does not exceed the lesser of— 
‘‘(AA) $12,500 (as adjusted from 
time to time under subparagraph (E)); or 
‘‘(BB) the amount equal to the prod-
uct of five and the amount of the monthly 
increase of benefits awarded to the claim-
ant pursuant to the claim; and 
‘‘(III) that contains an attestation by the claim-
ant that the agent or attorney provided to the claim-
ant the standard form under clause (iii). 
‘‘(ii) For purposes of this subparagraph, an initial 
claim or supplemental claim presented after a final deci-
sion with respect to such claim shall be considered to have 
been resolved in a manner favorable to the claimant if all 
or any part of the relief sought pursuant to the claim is 
granted. 
‘‘(C) For use in fee agreements described in subpara-
graph (B), the Secretary shall develop a standard form 
that includes the a notice to the claimant that organiza-
tions recognized under section 5902 of this title furnish 
services with respect to initial claims under laws adminis-
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tered by the Secretary and supplemental claims for such 
benefits at no cost to claimants. 
‘‘(D)(i) If the total amount payable by a claimant to 
an agent or attorney under a fee agreement described in 
subparagraph (B) exceeds the amount of any past-due 
benefits awarded to the claimant pursuant to the claim 
associated with such fee agreement, the agent or attor-
ney— 
‘‘(I) may not require the claimant to pay such 
total amount in a single payment; and 
‘‘(II) shall provide the claimant with an option 
to pay such total amount in incremental payments. 
‘‘(ii) An incremental payment under clause (i) may 
not exceed the amount of the monthly increase of benefits 
awarded to a claimant pursuant to the claim associated 
with such fee agreement. 
‘‘(E) Effective on October 1 of each year (beginning 
in the first fiscal year after the date of the enactment of 
the Certified Help Options in Claims Expertise for Vet-
erans Act of 2025), the Secretary shall increase the dollar 
amount in effect under clause (i) of subparagraph (B) by 
a percentage equal to the percentage by which the Con-
sumer Price Index for all urban consumers (U.S. city aver-
age) increased during the 12-month period ending with 
the last month for which Consumer Price Index data is 
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available. In the event that such Consumer Price Index 
does not increase during such period, the Secretary shall 
maintain the dollar amount in effect under such clause 
during the previous fiscal year.’’. 
(b) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
prescribe regulations to carry out the amendments made 
by this section. 
SEC. 4. PENALTIES FOR CERTAIN ACTS DURING THE PREP-
ARATION, PRESENTATION, OR PROSECUTION 
OF CLAIMS FOR BENEFITS UNDER LAWS AD-
MINISTERED BY THE SECRETARY OF VET-
ERANS AFFAIRS. 
(a) PENALTIES FOR UNAUTHORIZED FEES.— 
(1) IN
GENERAL.—Section 5905 of title 38, 
United States Code, is amended— 
(A) in the section heading, by striking 
‘‘Penalty’’ and inserting ‘‘Penalties’’ (and 
conforming the table of sections at the begin-
ning of chapter 59 of such title accordingly); 
(B) by striking ‘‘Whoever’’ and inserting 
the following: 
‘‘(a) WITHHOLDING OF BENEFITS.—Whoever’’; and 
(C) by adding at the end the following new 
subsections: 
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‘‘(b) CHARGING OF UNAUTHORIZED FEES.—(1) Ex-
cept as provided in sections 5904 or 1984 of this title, 
whoever solicits, contracts for, charges, or receives, or at-
tempts to solicit, contract for, charge, or receive, any fee 
or any other consideration with respect to the preparation, 
presentation, or prosecution of any claim for benefits 
under the laws administered by the Secretary shall be 
fined as provided in title 18, or imprisoned not more than 
one year, or both. 
‘‘(2) Paragraph (1) shall not apply to the provision 
of a medical examination or a medical opinion by a third 
party that does not have a business relationship with an 
individual recognized under section 5904 of this title for 
the preparation, presentation, or prosecution of a claim 
for benefits under laws administered by the Secretary. 
‘‘(c) VIOLATIONS DURING CONDITIONAL AND TEM-
PORARY RECOGNITION.—If an individual recognized as an 
agent or attorney on a conditional and temporary basis 
pursuant to clause (ii) or (iii) of section 5904(a)(1)(B) 
violates any law or regulation administered by the Sec-
retary under this chapter— 
‘‘(1) the Secretary shall, after notice, revoke the 
conditional and temporary recognition of the indi-
vidual; and 
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‘‘(2) such individual shall, after notice and op-
portunity for a hearing— 
‘‘(A) be fined $50,000; and 
‘‘(B) shall be barred from recognition 
under section 5904 of this title— 
‘‘(i) for a period of one year beginning 
on the date of the first violation; and 
‘‘(ii) for a period of 10 years begin-
ning on the date of each subsequent viola-
tion. 
‘‘(d) DEPOSIT OF FINES.—Any amount received by 
the Federal Government from a fine imposed under sub-
section (b) or subsection (c) shall be deposited in the fund 
established by section 5904(a)(7)(D) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 59 of such title is 
amended by striking the item relating to section 
5905 and inserting the following new item: 
‘‘5905. Penalties for certain acts.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 180 days 
after the date on which the Secretary prescribes the regu-
lations required by subsection (b) of section 3. 
(c) REGULATIONS.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary, acting 
through the General Counsel of the Department of Vet-
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erans Affairs, shall prescribe regulations to define the 
phrase ‘‘preparation, presentation , or prosecution’’ for 
purposes of subsection (b) of section 5095 of title 38, 
United States Code, as added by subsection (a). 
SEC. 5. COMPTROLLER GENERAL REVIEW OF PROCESS FOR 
RECOGNITION OF AGENTS AND ATTORNEYS 
FOR 
PREPARATION, 
PRESENTATION, 
AND 
PROSECUTION OF CERTAIN CLAIMS UNDER 
LAWS ADMINISTERED BY THE SECRETARY. 
Not later than one year after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall— 
(1) complete a review of the process by which 
the Secretary of Veterans Affairs, under section 
5904 of title 38, United States Code, as amended by 
this Act, recognizes agents and attorneys for the 
preparation, presentation, and prosecution of claims 
for benefits under laws administered by the Sec-
retary; and 
(2) submit to the Committees on Veterans’ Af-
fairs of the House of Representatives and the Senate 
a report that includes— 
(A) an identification of deficiencies in the 
administration of such section, as amended by 
this Act; and 
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(B) recommendations of the Comptroller 
General with respect to legislative or adminis-
trative action to improve the administration of 
such section, as amended by this Act. 
SEC. 6. PUBLICATION OF INFORMATION WITH RESPECT TO 
RECOGNITION AS AGENT OR ATTORNEY FOR 
PREPARATION, PRESENTATION, AND PROS-
ECUTION OF CERTAIN CLAIMS UNDER LAWS 
ADMINISTERED BY THE SECRETARY; BIEN-
NIAL REVIEW. 
(a) KNOWLEDGE TEST.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Veterans Affairs shall publish, on a publicly-available 
website of the Department of Veterans Affairs, and on an 
on-demand basis, the necessary knowledge test to satisfy 
the requirements for recognition under section 5904 of 
title 38, United States Code, as amended by this Act. 
(b) CONTINUING
LEGAL
EDUCATION
REQUIRE-
MENTS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary shall issue regulations that— 
(A) update the continuing legal education 
requirements for continued recognition as an 
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agent or attorney under section 5904 of such 
title, as amended by this Act; and 
(B) increase the amount of continuing 
legal education required for such recognition to 
an amount that is greater than the amount of 
such continuing legal education required for 
such recognition as of the date of the enact-
ment of this Act. 
(2) BIENNIAL REVIEWS.—Not later than two 
years after the date on which the Secretary issues 
the regulations required under paragraph (1), and 
on a basis not less frequent than biennially there-
after, the Secretary shall conduct a review of the 
continuing legal education requirements for contin-
ued recognition as an agent or attorney under such 
section, as amended by this Act. 
SEC. 7. FEDERAL PREEMPTION. 
This Act, and the amendments made by this Act, su-
persede any State law that is inconsistent with the rights 
established by this Act, or the amendments made by this 
Act, and preclude the implementation of such a law, 
whether statutory, common law, or otherwise, and whether 
adopted before or after the date of enactment of this Act. 
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SEC. 8. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF 
PENSION. 
Section 5503(d)(7) of title 38, United States Code, 
is amended by striking ‘‘November 30, 2031’’ and insert-
ing ‘‘April 30, 2032’’. 
Æ 
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