Protect Our Disabled Heroes Act of 2021

“5905. Penalty for certain acts

“(a) In general—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, knowingly solicits, contracts for, charges, or receives any fee or compensation 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.

“(2) In connection with a proceeding before the Department, attempts to solicit, contract for, charge, or receive any fee or compensation 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 section, or aids, abets, counsels, commands, or procures the commission of such an act.

“(5) Causes an act to be done, which if directly performed would be punishable under this chapter.

“(b) Rule of construction—Except as otherwise provided in this title, paragraphs (1) and (2) of subsection (a) shall not be construed to prohibit someone from providing the services described in subparagraphs (A) and (B) of paragraph (1) of such subsection on a complimentary or gratuitous basis.”

“(e) Limitations on for-Profit business transactions—The Secretary may prescribe, by rule, such limitations and restrictions as the Secretary considers reasonable on—

“(1) the types of for-profit business transactions which may be entered into with a claimant by an agent or attorney who is recognized under this section and is preparing, presenting, or prosecuting for that claimant a claim under a law administered by the Secretary; and

“(2) when an agent or attorney recognized under this section may agree to prepare, present, or prosecute a claim under a law administered by the Secretary for a claimant with whom that agent or attorney already has a business relationship other than for the preparation, presentation, or prosecution of a claim under a law administered by the Secretary.”