Repeal of authority for agent or attorney representation in veterans benefits cases before the Department of Veterans Affairs

(a)

Repeal

Title 38, United States Code, is amended— (1)in section 5904— (A)in subsection (a)— (i)by striking (1) Except as provided in paragraph (4), the Secretary and inserting The Secretary; (ii)by striking paragraphs (2) through (6); and (iii)by inserting after the period at the end the following new sentence: The Secretary may require that individuals, before being recognized under this section, show that they are of good moral character and in good repute, are qualified to render claimants valuable service, and otherwise are competent to assist claimants in presenting claims.; and (B)in subsection (b)— (i)by striking paragraphs (6) through (9); (ii)in paragraph (4), by inserting or after the semicolon; and (iii)in paragraph (5), by striking the semicolon and inserting a period; (2)in section 5902(b)— (A)by striking (1); (B)by striking paragraph (2); and (C)by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (3)in section 5903— (A)by striking subsection (b); and (B)by striking (a) In general—. (b)

Repeal of modification of date for commencement of services

(1)

In general

Effective as provided in paragraph (2), subsection (c) of section 5904 of such title is amended— (A)by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); (B)in paragraph (1)— (i)by striking a notice of disagreement is filed with respect to and inserting the Board of Veterans’ Appeals first makes a final decision in; (ii)by inserting after in the case. the following new sentence: Such a fee may be charged, allowed, or paid in the case of services provided after such date only if an agent or attorney is retained with respect to such case before the end of the one-year period beginning on that date.; (iii)in the last sentence, by striking fees charged, allowed, or paid for; and (iv)by striking paragraph (4) and inserting paragraph (3); and (C)in paragraph (2)— (i)by striking after a notice of disagreement is filed with respect to the case and inserting after the Board first makes a final decision in the case; (ii)by striking with the Secretary pursuant to regulations prescribed by the Secretary and inserting with the Board at such time as may be specified by the Board; and (iii)by adding at the end the following new sentences: The Board, upon its own motion or the request of either party, may review such a fee agreement and may order a reduction in the fee called for in the agreement if the Board finds that the fee is excessive or unreasonable. A finding or order of the Board under the preceding sentence may be reviewed by the United States Court of Appeals for Veterans Claims under section 7263(d) of this title. (c)

Repeal of repeal of penalty

Section 5905 is amended by inserting after Whoever the following: (1) directly or indirectly solicits, contracts for, charges, or receives, or attempts to solicit, contract for, charge, or receive, any fee or compensation except as provided in sections 5904 or 1984 of this title, or (2). (d)

Conforming repeals

Section 101 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109–461) is amended— (1)in subsection (c), by striking paragraph (2); and (2)by striking subsections (h) and (i).