§ 5902. Recognition of representatives of organizations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 5902

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3402

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3402

2. 1969

   Pub. L. 91–24 § 12(b) · 83 Stat. 33

   Substituted · 38 U.S.C. § 5902(c)

   Pub. L. 91–24 substituted “sections 203, 205, 206 or 207 of title 18” for “section 281 or 283 of title 18, or a violation of section 99 of title 5”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 91–24 substituted “sections 203, 205, 206 or 207 of title 18” for “section 281 or 283 of title 18, or a violation of section 99 of title 5”.

   Enacted provision · exact public law section
   (b) by deleting in section 3402(c) “section 281 or 283 of title 18, or a violation of section 99 of title 5” and inserting in lieu thereof the following: “sections 203, 205, 206, or 207 of title 18”.

3. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 § 703(5)(A) · 97 Stat. 993

   Substituted · 38 U.S.C. § 5902(a)(1)

   Pub. L. 98–160, § 703(5)(A), substituted “the Administrator” for “he”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 98–160, § 703(5)(A), substituted “the Administrator” for “he”.

   Enacted provision · exact public law section
   (A) in subsection (a)(1), by striking out “he” and inserting in lieu thereof “the Administrator”;

4. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 § 703(5)(B) · 97 Stat. 993

   Substituted · 38 U.S.C. § 5902(a)(2)

   Pub. L. 98–160, § 703(5)(B), substituted “the discretion of the Administrator” for “his discretion”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 98–160, § 703(5)(B), substituted “the discretion of the Administrator” for “his discretion”.

   Enacted provision · exact public law section
   (B) in subsection (a)(2), by striking out “his discretion” and inserting in lieu thereof “the discretion of the Administrator”;

5. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 § 703(5)(C) · 97 Stat. 993

   Substituted · 38 U.S.C. § 5902(b)(1)

   Pub. L. 98–160, § 703(5)(C), substituted “the individual” for “he”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 98–160, § 703(5)(C), substituted “the individual” for “he”.

   Enacted provision · exact public law section
   (C) in subsection (b)(1), by striking out “he” and inserting in lieu thereof “the individual”; and

6. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 § 703(5)(D) · 97 Stat. 993

   Substituted · 38 U.S.C. § 5902(c)

   Pub. L. 98–160, § 703(5)(D), substituted “member” for “man”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–160, § 703(5)(D), substituted “member” for “man”.

   Enacted provision · exact public law section
   (D) in subsection (c), by striking out “man” and inserting in lieu thereof “member”.

7. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 5902

   Pub. L. 102–40 renumbered section 3402 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 3402 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

8. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5902(a)(1)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

9. 1991

   Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5902(a)(1)

   Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

   Enacted provision · exact public law section
   (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

10. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5902(a)(2); 38 U.S.C. § 5902(a)(b)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(2), (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

11. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 title V § 508(a) · 110 Stat. 3322

    1. Added · 38 U.S.C. § 5902(c); 38 U.S.C. § 5902(d)

       Pub. L. 104–275 added subsec. (c)

    2. Redesignated · 38 U.S.C. § 5902(c); 38 U.S.C. § 5902(d)

       Pub. L. 104–275 redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 104–275 added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (a) Power of Attorney Naming a Veterans Service Organization.— Section 5902 is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(c) (1) Unless a claimant specifically indicates in a power of attorney filed with the Department a desire to appoint only a recognized representative of an organization listed in or approved under subsection (a), the Secretary may, for any purpose, treat the power of attorney naming such an organization, a specific office of such an organization, or a recognized representative of such an organization as the claimant’s representative as an appointment of the entire organization as the claimant’s representative. “(2) Whenever the Secretary is required or permitted to notify a claimant’s representative, and the claimant has named in a power of attorney an organization listed in or approved under subsection (a), a specific office of such an organization, or a recognized representative of such an organization without specifically indicating a desire to appoint only a recognized representative of the organiza tion, the Secretary shall notify the organization at the address designated by the organization for the purpose of receiving the notification concerned. ”.

    Effective date note
    Pub. L. 104–275, title V, § 508(b), Oct. 9, 1996, 110 Stat. 3344, provided that: “The amendments made by this section [amending this section] apply to any power of attorney filed with the Department of Veterans Affairs, regardless of the date of its execution.”

12. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 title I § 101(a)(2) · 120 Stat. 3403

    1. Amended · 38 U.S.C. § 5902(b)

       Pub. L. 109–461 designated existing provisions as par. (1)

    2. Redesignated · 38 U.S.C. § 5902(b)

       Pub. L. 109–461 redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1)

    3. Added · 38 U.S.C. § 5902(b)

       Pub. L. 109–461 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–461 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

    Enacted provision · exact public law section
    (2) Suspension of recognized representatives of veterans service organizations.— Section 5902(b) 38 USC 5902. is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting “(1)” after “(b)”; and (C) by adding at the end the following new paragraph: “(2) An individual recognized under this section shall be subject to the provisions of section 5904(b) of this title on the same basis as an individual recognized under section 5904(a) of this title.” .

14 of 15 references resolved to an enrolled provision · 1 partial