Veterans Claims Education Act of 2023
This bill requires the Department of Veterans Affairs (VA) to, upon receipt of an initial claim for benefits from a claimant that is not represented by an accredited person (i.e., a veterans service organization, attorney, or agent recognized by the VA) provide (1) notice that an accredited person may assist the claimant, (2) notice that a veterans service organization may represent the claimant for free, (3) information regarding a search tool to find an accredited person to assist in the filing of claims, and (4) information on how and where to report a person who is not accredited and charged a fee to assist with a claim.
In its web portal, the VA must provide a warning regarding fees an agent or attorney may charge for assistance in filing benefits claims. (Under current law, fees are generally prohibited for filing an initial claim.)
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2971 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2971
To amend title 38, United States Code, to promote assistance from
persons recognized by the Secretary of Veterans Affairs for individuals
who file certain claims under laws administered by the Secretary.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Peters introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to promote assistance from
persons recognized by the Secretary of Veterans Affairs for individuals
who file certain claims under laws administered by the Secretary.
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 ``Veterans Claims Education Act of
2023''.
SEC. 2. PROMOTION OF ASSISTANCE FROM PERSONS RECOGNIZED BY THE
SECRETARY OF VETERANS AFFAIRS FOR INDIVIDUALS WHO FILE
CERTAIN CLAIMS UNDER LAWS ADMINISTERED BY THE SECRETARY.
(a) Notice to Claimants of Available Assistance From Recognized
Persons.--Section 5103A of title 38, United States Code, is amended--
(1) by redesignating subsections (g) through (i) as
subsections (i) through (k), respectively;
(2) by inserting after subsection (f) the following new
subsections:
``(g) Upon receipt of an initial claim by a claimant not
represented by an accredited person, the Secretary shall provide notice
to the claimant that--
``(1) an accredited person may be able to represent the
claimant;
``(2) a veterans service organization recognized under
section 5902 of this title may represent the claimant at no
charge to the claimant;
``(3) provides the web address of the online tool
maintained under subsection (h); and
``(4) provides the web address of an appropriate and
publicly accessible website of the Department through which a
claimant may report--
``(A) a person, who is not an accredited person,
who represented the claimant; and
``(B) any fee charged by such person for such
representation.
``(h)(1) The Secretary shall maintain an online tool that allows a
claimant to search a list of accredited persons who represent
claimants.
``(2) The Secretary shall ensure that such list is current at least
once each calendar quarter.
``(3) The Secretary shall ensure that such tool is easily
accessible to a claimant.''; and
(3) by adding at the end the following new subsection:
``(l) In this section:
``(1) The term `accredited person' means--
``(A) a veterans service organization recognized
under section 5902 of this title; or
``(B) an attorney, agent, or other person
recognized under section 5904 of this title.
``(2) The term `represent' means to prepare, present, or
prosecute a claim under a law administered by the Secretary on
behalf of a claimant.''.
(b) Online Information Regarding Persons That Assist Claimants.--
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 administered by the Under Secretary for
Benefits or the Under Secretary for Health, a warning regarding fees an
agent or attorney may charge such individual for assistance in filing
such claim. Such warning shall include the following:
(1) A link to the online maintained under subsection (h) of
section 5103A of such title, as amended by subsection (a).
(2) A link to the website of the Department described in
subparagraph (D) of section 5103A(f)(1) of such title, as
amended 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 Affairs that pertain
to recognition under section 5904 of title 38, United States
Code;
(2) develop recommendations for legislative or
administrative action to improve such regulations, processes,
and procedures; and
(3) submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report containing the
findings of the Secretary with respect to the review completed
under paragraph (1) and the recommendations developed under
paragraph (2).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Economic Opportunity.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Subcommittee Hearings Held
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee by Voice Vote.
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