,,ii #aahth ,,congress #ast ,session ,s4 #aghi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #a1 #bjbc,mr4 ,kennedy introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to improve the review of claims for benefits under laws administered by the ,secretary of ,veterans ,affairs4 #a4 ,short title ,this ,act may be cited as the ,preserving ,lawful ,utilization of ,services for ,veterans ,act of #bjbc or the ,,plus for ,veterans ,act of #bjbc4 #b4 ,clarification of preparation1 presentation1 or prosecution of a claim under a law administered by ,secretary of ,veterans ,affairs ,section #eija of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking ,except and inserting the following3 7a7 ,in general ,except 2 and 7#b7 by adding at the end the following new subsection3 7b7 ,exclusion ,the administration of a medical examination1 or the writing of a report based on such examination1 described in section #eabe of this title1 does not constitute the preparation1 presentation1 or prosecution of a claim described in subsection 7a74 4 #c4 ,agents and attorneys in claims under laws administered by ,secretary of ,veterans ,affairs3 recognition2 suspension ,section #eijd of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by inserting 7,a7 before ,except2 and 7,b7 by adding at the end the following new subparagraphs3 7,b7 7i7 ,the ,secretary shall determine whether to recognize under subparagraph 7,a7 an agent or attorney who applies for such recognition not later than #ij days after the ,secretary receives such application4 7ii7 ,if the ,secretary cannot verify whether the agent or attorney meets the qualifications and standards prescribed under paragraph 7#b7 before the end of such #ij days1 the ,secretary shall recognize the agent or attorney under such subparagraph4 7,c7 ,the ,secretary may not refuse to recognize under subparagraph 7,a7 an agent or attorney solely on the basis that such agent or attorney charges a claimant a fee for services rendered in the preparation1 presentation1 or prosecution of a claim4 7,d7 ,the ,secretary may suspend under subsection 7b7 an agent or attorney described in subparagraph 7,e7 without regard to the notice and opportunity for a hearing under such subsection4 7,e7 ,an agent or attorney described in this subparagraph is an agent or attorney-- 7i7 recognized pursuant to subparagraph 7,b77ii72 and 7ii7 whom the ,secretary determines1 after the #ij-;day period described in such subparagraph1 does not meet the qualifications and standards prescribed under paragraph 7#b74 2 and 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#a7 through 7#i7 as subparagraphs 7,a7 through 7,i71 respectively2 7,b7 in the matter preceding subparagraph 7,a71 as redesignated1 by inserting 7#a7 before ,the ,secretary2 and 7,c7 by adding at the end the following new paragraph3 7#b7 ,not later than one year after the date of the enactment of the ,preserving ,lawful ,utilization of ,services for ,veterans ,act of #bjbc and annually thereafter1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report regarding the number of individuals suspended under this subsection or denied recognition under subsection 7a71 disaggregated by the reasons for such suspension or denial and whether the individual is-- 7,a7 a representative of an organization recognized under section #eijb of this title2 7,b7 an agent2 or 7,c7 an attorney4 4 #d4 ,fees allowable for representation of veterans for claims under laws administered by ,secretary of ,veterans ,affairs 7a7 ,fees ,section #eijd of title #ch1 ,united ,states ,code1 as amended by section #c1 is further amended-- 7#a7 in subsection 7a77#e71 by striking preparation1 presentation1 and prosecution of a claim before the ,department and inserting course of representation described in subsection 7c77#b72 7#b7 in subsection 7c7-- 7,a7 in the subsection heading1 by inserting ,flat fee agreements4-- after 7c72 7,b7 by amending paragraph 7#a7 to read as follows3 7#a7 7,a7 ,in a case other than a case described in paragraph 7#b71 a fee agreement between a claimant and an agent or attorney1 with respect to the preparation1 presentation1 or prosecution of a claim under a law administered by the ,secretary1 shall be a fee agreement under-- 7i7 this paragraph1 using a standard agreement form prescribed by the ,secretary2 7ii7 subsection 7d72 or 7iii7 subsection 7e74 7,b7 ,a fee agreement under this paragraph is one under which the total amount payable by the claimant to the agent or attorney with respect to the claim-- 7i7 may not exceed #ab1ejj 7as adjusted from time to time under subparagraph 7,c772 and 7ii7 is contingent on whether the claim is resolved in a manner favorable to the claimant4 7,c7 ,effective on ,october #a of each year 7beginning in the first fiscal year after the date of the enactment of the ,preserving ,lawful ,utilization of ,services for ,veterans ,act of #bjbc71 the ,secretary shall increase the dollar amount in effect under clause 7i7 of subparagraph 7,b7 by a percentage equal to the percentage by which the ,consumer ,price ,index for all urban consumers 7,u4,s4 city average7 increased during the #ab-month period ending with the last month for which ,consumer ,price ,index data is available4 ,in the event that such ,consumer ,price ,index does not increase during such period1 the ,secretary shall maintain the dollar amount in effect under such clause during the previous fiscal year4 7,d7 ,the limitation under subparagraph 7,b77i7 does not apply to any fee charged1 allowed1 or paid for services provided with respect to proceedings before a court4 7,e7 ,for purposes of subparagraph 7,b77ii71 a claim shall be considered to have been resolved in a manner favorable to the claimant if all or any part of the relief sought is granted4 7,f7 ,the form prescribed by the ,secretary under subparagraph 7,a77i7 shall include the following notifications to the claimant3 7i7 ,that organizations recognized under section #eijb of this title furnish services concerning claims under laws administered by the ,secretary1 at no cost to claimants4 7ii7 ,that the claimant may select a private physician for a medical examination described in section #eabe of this title regarding the claim4 7iii7 ,that such agent or attorney may not refer the claimant to a private physician described in clause 7ii7 with whom the agent or attorney has a business relationship regarding the claim4 2 7,c7 in paragraph 7#b71 by striking referred to in paragraph 7#a7 of this subsection and inserting regarding a claim under a law administered by the ,secretary2 7,d7 in paragraph 7#c77;,a71 by striking to paragraph 7#b7 and inserting to paragraph 7#a7 or 7#b72 and 7,e7 by striking paragraph 7#d72 and 7#c7 by adding at the end the following new subsection3 7e7 ,payment of fees out of an award or increased award 7#a7 ,when a claimant and an agent or attorney have entered into a fee agreement described in paragraph 7#b71 the total fee payable to the agent or attorney 7including all ancillary fees7 may not exceed the amount that is equal to the product of five and the amount of the monthly increase of benefits awarded on the basis of the claim4 7#b7 ,a fee agreement referred to in paragraph 7#a7 is one under which the total amount of the fee payable to the agent or attorney-- 7,a7 is to be paid to the agent or attorney by the claimant1 after commencement of the monthly period of payment of monetary benefits based on an award or increased award 7as defined in section #eaaa7;d7 of this title72 and 7,b7 is contingent on whether the matter is resolved in a manner favorable to the claimant4 7#c7 ,for the purposes of this subsection1 a claim shall be considered to have been resolved in a manner favorable to the claimant if all or any part of the relief sought is granted4 4 7b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations to carry out the amendments made by this section4 #e4 ,reinstatement of penalties for charging veterans unauthorized fees relating to claims under laws administered by the ,secretary of ,veterans ,affairs 7a7 ,in general ,section #eije of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking ,penalty and inserting ,penalties2 7#b7 by striking ,whoever and inserting the following3 7a7 ,withholding of benefits ,whoever 2 and 7#c7 by adding at the end the following new subsection3 7b7 ,charging of unauthorized fees ,except as provided in sections #eijd or #aihd of this title1 whoever directly or indirectly solicits1 contracts for1 charges1 or receives1 or attempts to solicit1 contract for1 charge1 or receive1 any fee or compensation with respect to the preparation1 presentation1 or prosecution of any claim for benefits under a law administered by the ,secretary shall be fined as provided in title #ah1 or imprisoned not more than one year1 or both4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ei of such title is amended by striking the item relating to section #eije and inserting the following new item3 #eije4 ,penalties for certain acts4 4 7c7 ,effective date ,the amendments made by this section shall take effect one year after the date of the enactment of this ,act4