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Title 38 — Veterans’ Benefits

Part IV · Chapter 59 — Agents and Attorneys

§ 5905. Penalty for certain acts

Statutory text

Whoever wrongfully withholds from any claimant or beneficiary any part of a benefit or claim allowed and due to the claimant or beneficiary, shall be fined as provided in title 18, or imprisoned not more than one year, or both.

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. § 5905

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1239, § 3405

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1239, § 3405

  2. Pub. L. 99–576 title VII § 701(81) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 5905

    Pub. L. 99–576 substituted “to the claimant or beneficiary” for “him”

    Source evidence

    Code amendment note
    Pub. L. 99–576 substituted “to the claimant or beneficiary” for “him”.

    Enacted provision · exact public law section
    (81) Section 3405 is amended by striking out “him” and inserting in lieu thereof “to the claimant or beneficiary”.

  3. Pub. L. 100–687 div. A title I § 104(b) · 102 Stat. 4105

    Substituted · 38 U.S.C. § 5905

    Pub. L. 100–687 substituted “shall be fined as provided in title 18, or imprisoned not more than one year, or both” for “shall be fined not more than $500 or imprisoned at hard labor for not more than two years, or both”

    Source evidence

    Code amendment note
    Pub. L. 100–687 substituted “shall be fined as provided in title 18, or imprisoned not more than one year, or both” for “shall be fined not more than $500 or imprisoned at hard labor for not more than two years, or both”.

    Enacted provision · exact public law section
    (b) Violation To Be a Misdemeanor.— Section 3405 of such title is amended by striking out “shall be fined not more than $500 or imprisoned at hard labor for not more than two years, or both” and inserting in lieu thereof “shall be fined as provided in title 18, or imprisoned not more than one year, or both”.

    Effective date note
    Amendment by Pub. L. 100–687 effective Sept. 1, 1989, see section 401(a) of Pub. L. 100–687, set out as an Effective Date note under section 7251 of this title.

  4. Department of Veterans Affairs Health-Care Personnel Act of 1991

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

    Substituted · 38 U.S.C. § 5905

    Pub. L. 102–40 renumbered section 3405 of this title as this section and substituted “5904” for “3404”

    Source evidence

    Code amendment note
    Pub. L. 102–40 renumbered section 3405 of this title as this section and substituted “5904” for “3404”.

    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.

  5. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5905

    Pub. L. 102–83 substituted “1984” for “784”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83 substituted “1984” for “784”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

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

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

    Struck · 38 U.S.C. § 5905

    Pub. L. 109–461 struck out “(1) directly or indirectly solicits, contracts for, charges, or receives, or attempts to solicit, contract for, charge, or receive, any fee or compensation except as provided in sections 5904 or 1984 of this title, or (2)” after “Whoever”

    Source evidence

    Code amendment note
    Pub. L. 109–461 struck out “(1) directly or indirectly solicits, contracts for, charges, or receives, or attempts to solicit, contract for, charge, or receive, any fee or compensation except as provided in sections 5904 or 1984 of this title, or (2)” after “Whoever”.

    Enacted provision · exact public law section
    (g) Repeal of Penalty for Certain Acts.— Section 5905 38 USC 5905. is amended by striking “(1)” and all that follows through “(2)”.

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

Editorial Notes

Amendments1986–2006 · 4 rounds

2006

Pub. L. 109–461 struck out “(1) directly or indirectly solicits, contracts for, charges, or receives, or attempts to solicit, contract for, charge, or receive, any fee or compensation except as provided in sections 5904 or 1984 of this title, or (2)” after “Whoever”.

1991

Pub. L. 102–40 renumbered section 3405 of this title as this section and substituted “5904” for “3404”.

Pub. L. 102–83 substituted “1984” for “784”.

1988

Pub. L. 100–687 substituted “shall be fined as provided in title 18, or imprisoned not more than one year, or both” for “shall be fined not more than $500 or imprisoned at hard labor for not more than two years, or both”.

1986

Pub. L. 99–576 substituted “to the claimant or beneficiary” for “him”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–687 effective , see section 401(a) of Pub. L. 100–687, set out as an Effective Date note under section 7251 of this title.

Credits

1958–2006 · 6 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1239, § 3405
  2. 1986Pub. L. 99–576, title VII, § 701(81), , 100 Stat. 3298
  3. 1988Pub. L. 100–687, div. A, title I, § 104(b), , 102 Stat. 4109
  4. 1991renumbered § 5905 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239
  5. 1991Pub. L. 102–83, § 5(c)(1), , 105 Stat. 406
  6. 2006Pub. L. 109–461, title I, § 101(g), , 120 Stat. 3408.
Show as published

(Pub. L. 85–857, , 72 Stat. 1239, § 3405; Pub. L. 99–576, title VII, § 701(81), , 100 Stat. 3298; Pub. L. 100–687, div. A, title I, § 104(b), , 102 Stat. 4109; renumbered § 5905 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239; Pub. L. 102–83, § 5(c)(1), , 105 Stat. 406; Pub. L. 109–461, title I, § 101(g), , 120 Stat. 3408.)

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