[Congressional Record Volume 166, Number 128 (Tuesday, July 21, 2020)]
[Senate]
[Page S4356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2481. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. PENALTIES FOR REPRESENTING VETERANS AS AGENTS AND 
                   ATTORNEYS WITHOUT RECOGNITION BY SECRETARY OF 
                   VETERANS AFFAIRS.

       (a) Penalties.--
       (1) In general.--Section 5905 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 5905. Penalty for certain acts

       ``(a) In General.--Subject to subsections (b) and (c), 
     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) Undertakes or attempts to undertake any work in 
     furtherance of the preparation, presentation, or prosecution 
     of a claim under a law administered by the Secretary--
       ``(A) without recognition by the Secretary under sections 
     5902 through 5904 of this title; or
       ``(B) while suspended or excluded under section 5904(b) of 
     this title.
       ``(2) 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.
       ``(b) Seeking Recognition.--Subsection (a)(1)(A) shall not 
     be construed to include the seeking of recognition from the 
     Secretary to prepare, present, or prosecute a claim under a 
     law administered by the Secretary.
       ``(c) Recognition Pending.--Subsection (a)(1)(A) shall not 
     be construed to include activities undertaken by an 
     individual not suspended or excluded under section 5904(b) of 
     this title in furtherance of the preparation of a claim under 
     a law administered by the Secretary while waiting for 
     recognition by the Secretary under sections 5902 through 5904 
     of this title.''.
       (2) Effective date.--The amendment made by subsection (a) 
     shall apply with respect to acts committed after the date 
     that is 180 days after the date of the enactment of this Act.
       (b) Biennial Reviews by General Counsel of the Department 
     of Veterans Affairs.--Section 5904 of such title is amended 
     by adding at the end the following new subsection:
       ``(e) Biennial Reviews by General Counsel.--(1) Not less 
     frequently than once every two years, the General Counsel of 
     the Department shall submit to Congress a report on 
     activities under this section.
       ``(2) Each report submitted under subparagraph (A) shall 
     include, for the period covered by the report, the following:
       ``(A) A discussion of the rates generally charged for 
     services covered by this section.
       ``(B) A discussion of the requests made by claimants under 
     subsection (c)(3)(A).
       ``(C) A discussion of the fees reduced under such 
     subsection.
       ``(D) The number of claims for benefits under laws 
     administered by the Secretary that were prepared, presented, 
     or prosecuted by an individual acting as an agent or attorney 
     who did so while not recognized under this section.''.
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