H.R. 1746 — SAVE Act

This section amends chapter 59 of title 38, U.S. Code—governing recognition of agents, attorneys, organizations, and individuals to assist veterans with preparation, presentation, and prosecution of VA benefit claims—by adding two new sections. New §5907 requires the Secretary of Veterans Affairs to include in the annual report to Congress under 38 U.S.C. §529, for the covered year, information on such recognized parties covering (1) required training, reviews, and audits; (2) data collected from applicants; (3) methods for gathering and verifying personal and qualifying information; (4) frequency of updates and ongoing reporting; (5) staffing levels; (6) updates and accuracy checks of the VA Accreditation Search database (or successor), including removal of non-recognized parties; (7) steps to ensure database accuracy; (8) additional resources needed for accuracy and qualifications (e.g., good moral character); (9) costs and timelines for processing applications; and (10) frequencies and reasons for denials and rescissions of recognition. New §5908 directs the Secretary to establish and register with the U.S. Patent and Trademark Office a certification mark identifying recognized individuals and imposes civil penalties (fine, imprisonment, or both under title 18, U.S. Code) for fraudulent use to imply recognition, with collected amounts available to VA without fiscal year limitation. (Thus, the provisions enhance transparency, oversight, and verification of accredited veteran representatives.)

This section requires the Secretary of Veterans Affairs, not later than 180 days after submitting the first report under 38 U.S.C. 529 that includes information required by new section 5907 and annually thereafter, to (1) provide each individual recognized under chapter 59 (i.e., accredited veterans representatives, claims agents, and attorneys) a notice requesting updated contact information provided to the department; (2) make publicly available instructions for such individuals to update the information; and (3) ensure the VA Accreditation Search Database is updated to include the updated contact information.