HR 3132
CHOICE for Veterans Act of 2025
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Bill overview
The CHOICE for Veterans Act of 2025 aims to improve access to assistance for veterans seeking benefits from the Department of Veterans Affairs (VA). It allows for fee agreements between accredited agents and attorneys and expands the VA’s outreach to inform veterans about available assistance. The bill also includes provisions for regulating the recognition of these agents and attorneys, establishing a process for oversight, and addressing potential conflicts of interest. Finally, it extends the deadline for certain pension payment limits.
Key provisions
- Allows fee agreements for VA claims preparation and prosecution by accredited agents and attorneys.
- Requires the VA to notify veterans about available assistance from accredited persons and organizations.
- Establishes a process for recognizing agents and attorneys, including applications, grounds for suspension, and fees.
- Mandates a review of VA regulations and procedures related to agent and attorney recognition.
- Requires the VA to publish a knowledge test for recognition as an agent or attorney.
- Updates continuing legal education requirements for agents and attorneys.
- Extends the deadline for certain limits on pension payments.
- Includes provisions to address potential conflicts of interest, such as prohibiting unauthorized fees and ensuring compliance with HIPAA.
Who is affected
- Veterans
- Department of Veterans Affairs
- Agents and Attorneys assisting veterans with VA claims
- Nonprofit Organizations providing assistance to veterans
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
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119th CONGRESS — 1st Session
H. R. 3132
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend title 38, United States Code, to allow for certain fee agreements for services rendered in the preparation, presentation, and prosecution of initial claims and supplemental claims for benefits under laws administered by the Secretary of Veterans Affairs, and for other purposes.
This Act may be cited as the Certified Help Options in Claims Expertise for Veterans Act of 2025 CHOICE for Veterans Act of 2025
or the
.
The table of contents for this Act is as follows:
Section 5103A of title 38, United States Code, is amended—
by redesignating subsections (g) through (i) as subsections (h) through (j), respectively; or
by inserting after subsection (f) the following new subsections:
Upon receipt of a claim, or supplemental claim, by a claimant not represented by an accredited person, the Secretary shall provide notice to the claimant that—
an accredited person may be available to the claimant for the preparation, presentation, or prosecution of such claim or supplemental claim;
includes the web addresses of the Department websites described in paragraph (2).
The Secretary shall maintain, on a publicly available website of the Department—
a list of accredited persons available to the claimant for the preparation, presentation, or prosecution of an initial claim or supplemental claim; and
a system through which a claimant may report—
With respect to the list described in paragraph (1)(A), the Secretary shall—
update the such list not less than quarterly; and
ensure such list is easily accessible to a claimant.
In this subsection, the term accredited person
means—
an organization recognized under section 5902 of this title; or
an attorney, agent, or other person recognized under section 5904 of this title.
The Secretary of Veterans Affairs shall include, in each web portal of the Department of Veterans Affairs through which an individual may file a claim for a benefit under the laws administered by the Secretary, a warning with respect to fees an agent or attorney recognized under section 5904 of such title may charge such individual associated with the preparation, presentation, or prosecution of such claim. Such warning shall include the web addresses of the Department websites maintained pursuant to subsection (g) of section 5103A of such title, as added by subsection (a).
Not later than 180 days after the date of the enactment of this Act, the Secretary shall—
complete a review the regulations, processes, and procedures of the Department of Veterans Affairs that with respect to the recognition of agents and attorneys under section 5904 of such title;
develop recommendations for legislative or administrative action to improve such regulations, processes, and procedures; and
submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that includes—
the findings of the review under paragraph (1); and
the recommendations developed under paragraph (2).
in subsection (a)—
in paragraph (1)—
by inserting (A)
before Except
; and
by adding at the end the following new subparagraphs:
An individual desiring recognition under this section shall submit to the Secretary an application in such form, at such time, and containing such information and assurances as the Secretary has determined appropriate to recognize such individual under this section.
If the Secretary cannot verify whether the individual satisfies the qualifications and standards prescribed under paragraph (2) before the end of the 180-day period beginning after the date on which the Secretary receives an application under clause (i), the Secretary shall recognize the individual on a conditional and temporary basis for a one-year period.
The Secretary may not refuse to recognize under this section an individual as an agent or attorney solely on the basis that such individual—
before the date of the enactment of this subparagraph—
charged a claimant a fee for services rendered in the preparation, presentation, or prosecution of an initial claim; or
charged a claimant a fee for such services while such individual was not recognized under this section; or
In this subparagraph, the term nonprofit organization
means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.
by adding at the end the following new paragraphs:
The Secretary shall prescribe regulations to recognize an individual as an agent or attorney to render services in the preparation, presentation, and prosecution of initial claims, or a supplemental claim presented after a final decision with respect to that claim.
The Secretary may charge and collect an assessment from an individual who—
charges or collects fees from a claimant for services rendered in such preparation, presentation, and prosecution.
be in such amount as the Secretary prescribes in regulations and determines appropriate; and
may not exceed $500.
Amounts collected under this paragraph shall be deposited in a revolving fund in the Treasury of the United States. Such amounts shall be available to the Secretary for the administration of this section.
An individual recognized as agent or attorney under this section for the preparation, presentation, or prosecution of an initial claim, or a supplemental claim presented after a final decision with respect to that claim, may not—
charge any fee for services rendered in such preparation, presentation, or prosecution if—
the Secretary determines the disability associated with such initial claim or supplemental claim is presumed to be service-connected because the disability is a chronic disease shown as such during—
a period of active military, naval, air, or space service; or
the presumptive period under section 3.307 of title 38, Code of Federal Regulations (or a successor regulation); or
such initial claim or supplemental claim is filed while the claimant is serving on active duty;
charge any fee for services rendered in the preparation, presentation, and prosecution of such a supplemental claim that could have been filed in continuous pursuit of a claim within one year of the previous decision on that claim, but was filed after such previous decision became final solely due to delay on the part of the agent or attorney; or
charge any fee for services rendered in the preparation, presentation, or prosecution of a supplemental claim, a request for higher-level review by the agency of original jurisdiction under section 5104B of this title, or notice of disagreement pursuant to section 5104C(a), where another individual employed by the same organization as the agent or attorney, or employed by a subsidiary of the such organization, previously charged the claimant a fee for the preparation, presentation, or prosecution of the initial claim, or the supplemental claim presented after a final decision with respect to that claim.
Agents or attorneys recognized under this section shall, pursuant to regulations prescribed by the Secretary, file a copy of any fee agreement between the agent or attorney and a claimant for the preparation, presentation, or prosecution of an initial claim, or a supplemental claim presented after a final decision with respect to that claim.
The Office of General Counsel of the Department may audit agents or attorneys recognized under this section to ensure compliance with the requirements of this paragraph.
in subsection (b)—
by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively;
by inserting (1)
before The Secretary, after notice
;
in paragraph (1), as designated by subparagraph (B)—
in subparagraph (H), as so redesignated, by striking subsection (c)(3)(A); or
and inserting subsection (c)(2)(A)
;
in subparagraph (I), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following new subparagraphs:
has failed to keep client data and personally identifiable information in accordance with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1301 et seq.), including the data security requirements and implementing regulations of that Act;
has sold, or otherwise received consideration for the referral of, any personally identifiable information or other data and information relating to an individual for whom the agent or attorney provided services with respect to the preparation, presentation, or prosecution of a claim under a law administered by the Secretary;
with whom the agent or attorney has a business relationship; and
who would receive any fee or other consideration for the provision of any service related to such initial claim or supplemental claim; or
has used an overseas call center to assist with marketing, initiation, or assistance with, the preparation, presentation, or prosecution of a claim under a law administered by the Secretary.
by adding at the end the following new paragraph:
the number of individuals denied recognition under subsection (a);
for each individual denied recognition under such subsection, a statement of the reasons for such denial;
the number of individuals suspended or excluded from further practice pursuant to this subsection;
for each individual so suspended or excluded, a statement of the reasons for such suspension or exclusion;
for each individual so penalized, a statement of the reasons for such penalty.
in subsection (c)—
by inserting Fee agreements.—
after (c)
;
in paragraph (1), by striking paragraph (4)
and inserting paragraph (4) or paragraph (5)
;
in paragraph (2)—
by striking in a case referred to in paragraph (1) of this subsection
; and
by inserting in a case
after represents a person
; and
by adding at the end the following new paragraph:
A fee agreement described in this subparagraph is a fee agreement—
under section 5104 of this title with respect to the initial claim; or
under section 5108 of this title with respect to the supplemental claim;
does not exceed the lesser of—
$12,500 (as adjusted from time to time under subparagraph (E)); or
that contains an attestation by the claimant that the agent or attorney provided to the claimant the standard form under clause (iii).
For purposes of this subparagraph, an initial claim or supplemental claim presented after a final decision with respect to such claim shall be considered to have been resolved in a manner favorable to the claimant if all or any part of the relief sought pursuant to the claim is granted.
For use in fee agreements described in subparagraph (B), the Secretary shall develop a standard form that includes the a notice to the claimant that organizations recognized under section 5902 of this title furnish services with respect to initial claims under laws administered by the Secretary and supplemental claims for such benefits at no cost to claimants.
If the total amount payable by a claimant to an agent or attorney under a fee agreement described in subparagraph (B) exceeds the amount of any past-due benefits awarded to the claimant pursuant to the claim associated with such fee agreement, the agent or attorney—
may not require the claimant to pay such total amount in a single payment; and
shall provide the claimant with an option to pay such total amount in incremental payments.
An incremental payment under clause (i) may not exceed the amount of the monthly increase of benefits awarded to a claimant pursuant to the claim associated with such fee agreement.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out the amendments made by this section.
Section 5905 of title 38, United States Code, is amended—
in the section heading, by striking Penalty
and inserting Penalties
(and conforming the table of sections at the beginning of chapter 59 of such title accordingly);
by striking Whoever
and inserting the following:
Whoever
by adding at the end the following new subsections:
Except as provided in sections 5904 or 1984 of this title, whoever solicits, contracts for, charges, or receives, or attempts to solicit, contract for, charge, or receive, any fee or any other consideration with respect to the preparation, presentation, or prosecution of any claim for benefits under the laws administered by the Secretary shall be fined as provided in title 18, or imprisoned not more than one year, or both.
Paragraph (1) shall not apply to the provision of a medical examination or a medical opinion by a third party that does not have a business relationship with an individual recognized under section 5904 of this title for the preparation, presentation, or prosecution of a claim for benefits under laws administered by the Secretary.
the Secretary shall, after notice, revoke the conditional and temporary recognition of the individual; and
such individual shall, after notice and opportunity for a hearing—
be fined $50,000; and
shall be barred from recognition under section 5904 of this title—
for a period of one year beginning on the date of the first violation; and
for a period of 10 years beginning on the date of each subsequent violation.
The amendments made by this section shall take effect on the date that is 180 days after the date on which the Secretary prescribes the regulations required by subsection (b) of section 3.
preparation, presentation , or prosecutionfor purposes of subsection (b) of section 5095 of title 38, United States Code, as added by subsection (a).
Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall—
complete a review of the process by which the Secretary of Veterans Affairs, under section 5904 of title 38, United States Code, as amended by this Act, recognizes agents and attorneys for the preparation, presentation, and prosecution of claims for benefits under laws administered by the Secretary; and
submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that includes—
an identification of deficiencies in the administration of such section, as amended by this Act; and
recommendations of the Comptroller General with respect to legislative or administrative action to improve the administration of such section, as amended by this Act.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish, on a publicly-available website of the Department of Veterans Affairs, and on an on-demand basis, the necessary knowledge test to satisfy the requirements for recognition under section 5904 of title 38, United States Code, as amended by this Act.
Not later than one year after the date of the enactment of this Act, the Secretary shall issue regulations that—
update the continuing legal education requirements for continued recognition as an agent or attorney under section 5904 of such title, as amended by this Act; and
increase the amount of continuing legal education required for such recognition to an amount that is greater than the amount of such continuing legal education required for such recognition as of the date of the enactment of this Act.
This Act, and the amendments made by this Act, supersede any State law that is inconsistent with the rights established by this Act, or the amendments made by this Act, and preclude the implementation of such a law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act.
Section 5503(d)(7) of title 38, United States Code, is amended by striking November 30, 2031
and inserting April 30, 2032
.