Protect Our Disabled Heroes Act of 2021
Bill: S.2678 | Sponsor: Sen. Rubio, Marco (R-FL)
Policy area: Armed Forces and National Security

Summary:
Protect Our Disabled Heroes Act of 2021
This bill imposes criminal penalties and/or fines on individuals for the commission or attempted commission of certain acts (e.g., charging certain fees) in connection with the representation of a veteran who is seeking Department of Veterans Affairs (VA) benefits or filing a claim for such benefits.
Additionally, the VA is authorized to prescribe limitations and restrictions on the types and timing of for-profit business transactions which may be entered into by an agent or attorney who is representing a claimant for VA benefits.

To amend title 38, United States Code, to reinstate criminal penalties 
    for persons charging veterans unauthorized fees, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Disabled Heroes Act of 
2021''.

SEC. 2. REINSTATEMENT OF PENALTIES FOR CHARGING VETERANS UNAUTHORIZED 
              FEES.

    (a) In General.--Section 5905 of title 38, United States Code, is 
amended to read as follows:
``Sec. 5905. Penalty for certain acts
    ``(a) In General.--Except as provided in section 5904 or 1984 of 
this title, whoever commits any of the following acts shall be fined as 
provided in title 18, or imprisoned for not more than one year, or 
both:
            ``(1) In connection with a proceeding before the 
        Department, knowingly solicits, contracts for, charges, or 
        receives any fee or compensation for--
                    ``(A) the provision of advice on how to file a 
                claim for benefits under the laws administered by the 
                Secretary; or
                    ``(B) the preparation, presentation, or prosecution 
                of such a claim.
            ``(2) In connection with a proceeding before the 
        Department, attempts to solicit, contract for, charge, or 
        receive any fee or compensation as described in paragraph (1).
            ``(3) Unlawfully withholds from any claimant or beneficiary 
        any part of a benefit or claim under the laws administered by 
        the Secretary that is allowed and due to the claimant or 
        beneficiary, or attempts to do so.
            ``(4) Commits an offense punishable by this section, or 
        aids, abets, counsels, commands, or procures the commission of 
        such an act.
            ``(5) Causes an act to be done, which if directly performed 
        would be punishable under this chapter.
    ``(b) Rule of Construction.--Except as otherwise provided in this 
title, paragraphs (1) and (2) of subsection (a) shall not be construed 
to prohibit someone from providing the services described in 
subparagraphs (A) and (B) of paragraph (1) of such subsection on a 
complimentary or gratuitous basis.''.
    (b) Limitations on For-Profit Business Transactions.--Section 5904 
of title 38, United States Code is amended by adding the following new 
subsection:
    ``(e) Limitations on For-Profit Business Transactions.--The 
Secretary may prescribe, by rule, such limitations and restrictions as 
the Secretary considers reasonable on--
            ``(1) the types of for-profit business transactions which 
        may be entered into with a claimant by an agent or attorney who 
        is recognized under this section and is preparing, presenting, 
        or prosecuting for that claimant a claim under a law 
        administered by the Secretary; and
            ``(2) when an agent or attorney recognized under this 
        section may agree to prepare, present, or prosecute a claim 
        under a law administered by the Secretary for a claimant with 
        whom that agent or attorney already has a business relationship 
        other than for the preparation, presentation, or prosecution of 
        a claim under a law administered by the Secretary.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to acts committed after the date of the enactment of 
this Act.
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