Section 1 Short title
This Act may be cited as the “Veterans Claims Education Act of 2023”.
Veterans Claims Education Act of 2023
A BILL
To amend title 38, United States Code, to promote assistance from persons recognized by the Secretary of Veterans Affairs for individuals who file certain claims under laws administered by the Secretary.
Sec. 2 Promotion of assistance from persons recognized by the Secretary of Veterans Affairs for individuals who file certain claims under laws administered by the Secretary
Notice to claimants of available assistance from recognized persons— Section 5103A of title 38, United States Code, is amended—
by redesignating subsections (g) through (i) as subsections (i) through (k), respectively;
by inserting after subsection (f) the following new subsections:
“(g) Upon receipt of an initial claim by a claimant not represented by an accredited person, the Secretary shall provide notice to the claimant that—
“(1) an accredited person may be able to represent the claimant;
“(2) a veterans service organization recognized under section 5902 of this title may represent the claimant at no charge to the claimant;
“(3) provides the web address of the online tool maintained under subsection (h); and
“(4) provides the web address of an appropriate and publicly accessible website of the Department through which a claimant may report—
“(A) a person, who is not an accredited person, who represented the claimant; and
“(B) any fee charged by such person for such representation.
“(h)
“(1) The Secretary shall maintain an online tool that allows a claimant to search a list of accredited persons who represent claimants.
“(2) The Secretary shall ensure that such list is current at least once each calendar quarter.
“(3) The Secretary shall ensure that such tool is easily accessible to a claimant.”
by adding at the end the following new subsection:
“(l) In this section:
“(1) The term “accredited person” means—
“(A) a veterans service organization recognized under section 5902 of this title; or
“(B) an attorney, agent, or other person recognized under section 5904 of this title.
“(2) The term “represent” means to prepare, present, or prosecute a claim under a law administered by the Secretary on behalf of a claimant.”
Online information regarding persons that assist claimants— 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 administered by the Under Secretary for Benefits or the Under Secretary for Health, a warning regarding fees an agent or attorney may charge such individual for assistance in filing such claim. Such warning shall include the following:
A link to the online maintained under subsection (h) of section 5103A of such title, as amended by subsection (a).
A link to the website of the Department described in subparagraph (D) of section 5103A(f)(1) of such title, as amended by subsection (a).
Report— 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 pertain to recognition under section 5904 of title 38, United States Code;
develop recommendations for legislative or administrative action to improve such regulations, processes, and procedures; and
submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing the findings of the Secretary with respect to the review completed under paragraph (1) and the recommendations developed under paragraph (2).