Sec. 302. Penalties for representing veterans as agents and attorneys without recognition by Secretary of Veterans Affairs
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Section 5905 of title 38, United States Code, is amended to read as follows: 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: 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— without recognition by the Secretary under sections 5902 through 5904 of this title; or while suspended or excluded under section 5904(b) of this title.
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. 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. Subsection (a)(1)(A) shall not apply to a legal intern, a law student, or a paralegal undertaking or attempting to undertake work in furtherance of the preparation, presentation, or prosecution of a claim under a law administered by the Secretary to the degree that such legal intern, law student, or paralegal is doing so— on behalf of or under the supervision of an attorney recognized by the Secretary under sections 5902 through 5904 of this title; and in a manner that is consistent with the Model Rules of Professional Conduct of the American Bar Association. .
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. Section 5904 of such title is amended by adding at the end the following new subsection: 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. Each report submitted under subparagraph
(A)shall include, for the period covered by the report, the following: A discussion of the rates generally charged for services covered by this section. A discussion of the requests made by claimants under subsection (c)(3)(A). A discussion of the fees reduced under such subsection. 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. .