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Title 38 — Veterans’ Benefits

Part IV · Chapter 59 — Agents and Attorneys

§ 5903. Recognition with respect to particular claims

Statutory text

(a)

In General.—

The Secretary may recognize any individual for the preparation, presentation, and prosecution of any particular claim for benefits under any of the laws administered by the Secretary if—

(1)

such individual has certified to the Secretary that no fee or compensation of any nature will be charged any individual for services rendered in connection with such claim; and

(2)

such individual has filed with the Secretary a power of attorney, executed in such manner and in such form as the Secretary may prescribe.

(b)

Suspension.—

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.

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. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 5903

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3403

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3403

  2. 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. § 5903

    Pub. L. 102–40 renumbered section 3403 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40 renumbered section 3403 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.

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

    Substituted · 38 U.S.C. § 5903

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and wherever appearing in pars. (1) and (2).

    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.

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

    Substituted · 38 U.S.C. § 5903

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

    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” in introductory provisions.

    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”.

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

    Pub. L. 109–461 title I § 101(a)(3) · 120 Stat. 3403

    1. Amended · 38 U.S.C. § 5903

      Pub. L. 109–461 designated existing provisions as subsec. (a)

    2. Inserted · 38 U.S.C. § 5903

      Pub. L. 109–461 inserted heading

    3. Added · 38 U.S.C. § 5903

      Pub. L. 109–461 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 109–461 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

    Enacted provision · exact public law section
    (3) Suspension of individuals recognized for particular claims.— Section 5903 38 USC 5903. is amended— (A) by inserting “(a) In General.—” before “The Secretary”; and (B) by adding at the end the following new subsection: “(b) Suspension.— 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.” .

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1991–2006 · 2 rounds

2006

Pub. L. 109–461 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1991

Pub. L. 102–40 renumbered section 3403 of this title as this section.

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

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

Credits

1958–2006 · 4 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1238, § 3403
  2. 1991renumbered § 5903, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238
  3. 1991Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), , 105 Stat. 403–405
  4. 2006Pub. L. 109–461, title I, § 101(a)(3), , 120 Stat. 3407.
Show as published

(Pub. L. 85–857, , 72 Stat. 1238, § 3403; renumbered § 5903, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), , 105 Stat. 403–405; Pub. L. 109–461, title I, § 101(a)(3), , 120 Stat. 3407.)

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