,,ii #aaith ,,congress #b;d ,session ,s4 #dfdf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #a1 #bjbf,mr4 ,blumenthal 7for himself1 ,mr4 ,king1 ,ms4 ,klobuchar1 ,ms4 ,baldwin1 ,mr4 ,lujn1 ,mr4 ,bennet1 ,mr4 ,whitehouse1 ,mr4 ,sanders1 ,mr4 ,gallego1 ,ms4 ,rosen1 ,mr4 ,kelly1 ,mrs4 ,shaheen1 and ,mr4 ,welch7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to reinstate criminal penalties for persons charging veterans unauthorized fees relating to claims for benefits under the laws administered by the ,secretary of ,veterans ,affairs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,abuse1 ,fraud1 and ,exploitation by ,governing ,unaccredited ,representatives ,defrauding ,veterans ,act of #bjbf or the ,,safeguard ,veterans ,act of #bjbf4 #b4 ,reinstatement of penalties for charging veterans unauthorized fees relating to claims for benefits 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 subsections3 7b7 ,charging of unauthorized fees ,except as provided in sections #eijd and #aihd of this title1 whoever solicits1 contracts for1 charges1 or receives1 or attempts to contract for1 charge1 or receive1 any fee or compensation with respect to the preparation1 presentation1 or prosecution of any claim for a benefit under laws administered by the ,secretary shall be-- 7#a7 fined as provided in title #ah1 or imprisoned not more than one year1 or both2 and 7#b7 barred from recognition under this chapter by the ,secretary as an agent or attorney for the preparation1 presentation1 or prosecution of a claim under laws administered by the ,secretary-- 7,a7 for a period of one year beginning on the date of the first violation2 and 7,b7 for a period of #aj years beginning on the date of each subsequent violation4 7c7 ,recognition required ,no person may assist a claimant in the preparation1 presentation1 or prosecution of a claim under a law administered by the ,secretary1 unless-- 7#a7 recognized by the ,secretary under this chapter as an agent or attorney for such purposes2 or 7#b7 acting under direct supervision of an agent or attorney described in paragraph 7#a74 7d7 ,definition of preparation1 presentation1 or prosecution ,in this section1 the term preparation1 presentation1 or prosecution-- 7#a7 except as provided in paragraph 7#b71 means any act associated with filing a claim or appeal for a benefit under a law administrated by the ,secretary2 and 7#b7 does not include-- 7,a7 the provision of a medical opinion or completion of a disability benefits questionnaire by a private sector medical professional2 or 7,b7 the preparation of an expert opinion in support of a claim or appeal4 4 7b7 ,proposed rule ,not later than #ij days after the date of the enactment of this ,act1 the ,general ,counsel of the ,department of ,veterans ,affairs shall initiate a rulemaking process for purposes of administering section #eije of such title and defining preparation1 presentation1 or prosecution1 as amended by subsection 7a74 7c7 ,effect on ,state law ,the provisions of section #eije1 as amended by subsection 7a71 shall supersede any provisions of the law of any ,state or ,freely ,associated ,state relating to the recognition of an individual as an agent or attorney for the preparation1 presentation1 or prosecution of a claim under a law administered by the ,secretary of ,veterans ,affairs1 including with respect to provisions of law regarding fee agreements or authority to charge for such services4 7d7 ,submission to ,congress ,the ,secretary shall include in documents submitted to ,congress in support of the ,president's budget submitted pursuant to section #aaje of title #ca1 ,united ,states ,code1 detailed estimates of the sums and staffing necessary to administer chapter #ei of title #ch1 ,united ,states ,code4 7e7 ,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 #c4 ,promotion of assistance from persons recognized by the ,secretary of ,veterans ,affairs for individuals who file certain claims under laws administered by the ,secretary 7a7 ,notice to claimants of available assistance from recognized persons ,section #eajc;,a of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7g7 through 7i7 as subsections 7i7 through 7k71 respectively2 7#b7 by inserting after subsection 7f7 the following new subsections3 7g7 ,notice regarding availability of representation ,upon receipt of an initial claim by a claimant not represented by an accredited person1 the ,secretary shall provide notice to the claimant that-- 7#a7 provides the website address of the online tool maintained under subsection 7h72 and 7#b7 provides the website address of an appropriate and publicly accessible website of the ,department through which a claimant may report-- 7,a7 a person1 who is not an accredited person1 who represented the claimant2 and 7,b7 any fee charged by such person for such representation4 7h7 ,online list of accredited1 suspended1 or excluded persons 7#a7 ,the ,secretary shall maintain an online tool that allows a claimant to search a list of accredited persons and persons who are suspended or excluded4 7#b7 ,the ,secretary shall ensure that the list required by paragraph 7#a7 is current at least once each calendar quarter4 7#c7 ,the ,secretary shall ensure that the online tool required by paragraph 7#a7 is easily accessible to a claimant4 2 and 7#c7 by adding at the end the following new subsection3 7l7 ,definitions ,in this section3 7#a7 ,the term accredited person means-- 7,a7 a veterans service organization recognized under section #eijb of this title2 or 7,b7 an individual recognized under section #eijd of this title4 7#b7 ,the term represent means to prepare1 present1 or prosecute a claim under a law administered by the ,secretary on behalf of a claimant4 7#c7 ,the term suspended or excluded with respect to a person means the ,secretary has suspended or excluded the person from practice before the ,department under sections #eijd7;b7 and #eije7;b7 of this title4 4 7b7 ,online information regarding persons that assist claimants 7#a7 ,in general ,the ,secretary of ,veterans ,affairs shall include1 in each website portal of the ,department of ,veterans ,affairs through which an individual may file a claim for a benefit administered by the ,secretary1 a warning regarding fees an agent or attorney may charge such individual for assistance in filing such claim4 7#b7 ,contents ,a warning under paragraph 7#a7 shall include the following3 7,a7 ,a link to the online tool maintained under subsection 7h7 of section #eajc;,a of such title1 as amended by subsection 7a74 7,b7 ,a link to the website of the ,department described in subsection 7g77#b7 of such section1 as amended by subsection 7a74 7c7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall-- 7#a7 complete a review of the regulations1 processes1 and procedures of the ,department of ,veterans ,affairs that pertain to recognition under section #eijd of title #ch1 ,united ,states ,code2 7#b7 develop recommendations for legislative or administrative action to improve such regulations1 processes1 and procedures2 and 7#c7 submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report containing the findings of the ,secretary with respect to the review completed under paragraph 7#a7 and the recommendations developed under paragraph 7#b74 #d4 ,improve warnings about potential predatory practices regarding agents and attorneys for veterans claims 7a7 ,in general ,section #eija7;b7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter before subparagraph 7,a7 by striking 1 each time a claimant under a law administered by the ,secretary logs in to a website or online tool of the ,department1 such website or online tool issues to the claimant and inserting each public-facing website and online tool of the ,department issues2 7,b7 in subparagraph 7,a71 by inserting 1 including individuals lacking recognition by the ,secretary as described in subsection 7a7 after chapter2 7,c7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7,d7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following new subparagraph3 7,e7 a message discouraging veterans from sharing their ,department account log-in credentials or bank account log-in credentials1 such as usernames or passwords1 with anyone4 2 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,the ,secretary shall carry out this subsection by acting through the ,chief ,veterans ,experience ,officer4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #e4 ,gathering information about persons charging for assistance or coaching with filing claims ,the ,secretary of ,veterans ,affairs shall take such actions as may be necessary to ensure that on any form that is used by the ,department of ,veterans ,affairs to accept a claim for a benefit under a law administered by the ,secretary includes-- 7#a7 a question regarding whether the claimant was charged for assistance or coaching by any person when gathering information or filing the claim2 and 7#b7 an option to name the person who provided such assistance or coaching4 #f4 ,department of ,veterans ,affairs accreditation system ,the ,secretary of ,veterans ,affairs shall establish a system for the purposes of recognition of persons under chapter #ei of title #ch1 ,united ,states ,code1 that-- 7#a7 has #ii4i percent uptime1 responsive1 and accessible2 7#b7 enables agents and attorneys to certify that they have met the requirements for recognition under such chapter2 7#c7 enables clients of agents and attorneys recognized under such chapter to file complaints regarding such agents and attorneys and to report violations described in paragraphs 7#a7 through 7#i7 of section #eijd7;b7 and section #eije7;b7 of such title2 and 7#d7 is integrated with systems used to administer section #c of this ,act and the amendments made by that section4 #g4 ,restrictions on the use of automated telephone equipment ,section #bbg7;b77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;b77#a77 is amended-- 7#a7 in subparagraph 7,c71 by striking or at the end2 7#b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,e7 to make any call to a telephone number assigned to a ,federal department or agency if such call is made by means of equipment that-- 7i7 has the capacity1 without further human intervention after initial activation-- 7,i7 to make a series of repeated calls to such number2 and 7,,ii7 to provide and receive information by means of such calls2 and 7ii7 is operated by any individual or entity other than the individual or entity to whom the information provided or received during such call relates4 4