H.F. 2433 Section 1. SHORT TITLE. This Act shall be known and may be 1 cited as the “Iowa Veterans’ Claims Protection Act”. 2 Sec. 2. NEW SECTION . 35E.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Accredited representative” means an attorney, claims 6 agent, or representative of a veterans service organization 7 accredited by the United States department of veterans affairs 8 pursuant to 38 C.F.R. §14.629. 9 2. “Claim” means an application, request, or appeal filed 10 with the United States department of veterans affairs for 11 veterans’ benefits, services, or payments. 12 Sec. 3. NEW SECTION . 35E.2 Prohibited acts. 13 A person shall not do any of the following: 14 1. Directly or indirectly solicit, contract for, receive, 15 or attempt to receive any fee or compensation for assisting a 16 veteran, service member, or dependent of a veteran or service 17 member with a claim, unless the person is an accredited 18 representative. 19 2. Misrepresent the person’s United States department of 20 veterans affairs accreditation or affiliation with the United 21 States department of veterans affairs, a veterans service 22 organization, or a government agency. 23 3. Obtain or use a veteran’s or service member’s personal 24 identifying information for unauthorized claims representation. 25 4. Make false, misleading, or deceptive statements 26 regarding the person’s ability to expedite, guarantee, or 27 influence the outcome of a claim. 28 Sec. 4. NEW SECTION . 35E.3 General education or referrals. 29 A person who is not an accredited representative and who 30 provides general education regarding claims or a referral to an 31 accredited representative without receiving compensation does 32 not violate section 35E.2. 33 Sec. 5. NEW SECTION . 35E.4 Enforcement. 34 1. The attorney general may impose a civil penalty not to 35 -1- LSB 5394HH (4) 91 sc/ns 1/ 3

H.F. 2433 exceed ten thousand dollars per violation of section 35E.2. 1 Civil penalties collected under this subsection shall be 2 deposited in the veterans trust fund created in section 35A.13. 3 The attorney general may also seek an injunction or apply for 4 other equitable relief. 5 2. A veteran, service member, or dependent of a veteran 6 or service member harmed by a violation of section 35E.2 may 7 bring a civil action for damages, attorney fees, and equitable 8 relief. 9 Sec. 6. NEW SECTION . 35E.5 Outreach and education. 10 The department of veterans affairs shall do all of the 11 following: 12 1. Conduct outreach to educate veterans and veterans’ 13 families about predatory claims practices. 14 2. Promote awareness of assistance available through 15 accredited representatives. 16 3. Maintain a public list of accredited representatives who 17 serve Iowa veterans. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to veterans’ benefits claims. 22 The bill prohibits a person other than an accredited 23 representative, defined in the bill, from receiving or 24 attempting to receive compensation for assisting a veteran, 25 service member, or dependent of a veteran or service member 26 with a claim. The bill also prohibits any person from 27 misrepresenting the person’s United States department of 28 veterans affairs accreditation or affiliation with the United 29 States department of veterans affairs, a veterans service 30 organization, or a government agency; obtaining or using a 31 veteran’s or service member’s personal identifying information 32 for unauthorized claims representation; or making deceptive 33 statements about the person’s ability to expedite or influence 34 the outcome of a claim. The bill does not prohibit a person 35 -2- LSB 5394HH (4) 91 sc/ns 2/ 3

H.F. 2433 who is not an accredited representative from providing general 1 education regarding claims or a referral to an accredited 2 representative without receiving compensation. 3 The bill provides that a person who violates these 4 provisions is subject to a civil penalty of $10,000 imposed 5 by the attorney general. Civil penalties collected by 6 the attorney general under the bill must be deposited in 7 the veterans trust fund. The attorney general may seek an 8 injunction or other equitable relief. The bill also authorizes 9 a veteran, service member, or veteran’s or service member’s 10 dependent to bring a civil action for damages, attorney fees, 11 and equitable relief. 12 The bill requires the department of veterans affairs to 13 conduct outreach to educate veterans and veterans’ families 14 about predatory claims practices, promote awareness of 15 assistance available through accredited representatives, and 16 maintain a public list of accredited representatives. 17 -3- LSB 5394HH (4) 91 sc/ns 3/ 3