I 112th CONGRESS 1st Session H. R. 1826 IN THE HOUSE OF REPRESENTATIVES May 11, 2011 Mr. Bilirakis (for himself and Mr. Walz of Minnesota) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 38, United States Code, to reinstate criminal penalties for persons charging veterans unauthorized fees.

1.

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:

5905.

Penalty for certain acts

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, the act of soliciting, contracting for, charging, or receiving, or attempting to solicit, contract for, charge, or receive, any fee or compensation in connection 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 before the date on which a notice of disagreement is filed in a proceeding on the claim. (2)The act of unlawfully withholding 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.

. (b)

Effective date

The amendment made by subsection (a) shall apply with respect to acts committed after the date of the enactment of this Act.