[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1847 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1847

To amend title 38, United States Code, to reinstate criminal penalties 
    for persons charging veterans unauthorized fees, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2011

     Mr. Rubio (for himself, Mr. Blunt, and Mr. Nelson of Florida) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to reinstate criminal penalties 
    for persons charging veterans unauthorized fees, and for other 
                               purposes.

    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 ``Protect Our Disabled Heroes Act of 
2011''.

SEC. 2. 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:
``Sec. 5905. Penalty for certain acts
    ``Except as provided in section 5904 or 1984 of this title, 
whoever--
            ``(1) in connection with a proceeding before the 
        Department, knowingly solicits, contracts for, charges, or 
        receives 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) attempts to solicit, contract, charge, or receive as 
        described in paragraph (1);
            ``(3) unlawfully withholds 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, or attempts to do so;
            ``(4) commits an offense punishable by this chapter, or 
        aids, abets, counsels, commands, or procures the commission of 
        such an act; or
            ``(5) causes an act to be done, which if directly performed 
        would be punishable by this chapter,
shall be fined as provided in title 18, or imprisoned for not more than 
one year, or both.''.
    (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.
                                 <all>