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38 U.S.C. § 5901 — Prohibition against acting as claims agent or attorney

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5901 — Prohibition against acting as claims agent or attorney

**(a) In General.—** Except as provided by [section 500 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section500&num=0&edition=prelim), no individual may act as an agent or attorney in the preparation, presentation, or prosecution of any claim under laws administered by the Secretary unless such individual has been recognized for such purposes by the Secretary. **(b) Warnings About Potential Predatory Practices.—** (1) The Secretary shall ensure that, each time a claimant under a law administered by the Secretary logs in to a website or online tool of the Department, such website or online tool issues to the claimant, in plain language— (A) a warning about individuals who seek to act in violation of this chapter; (B) a link to an online tool of the Department through which the claimant may report such an individual; (C) a link to an online tool of the Department through which the claimant may search for a recognized agent, attorney, or other entity recognized by the Secretary for the preparation, presentation, or prosecution of any claim under laws administered by the Secretary; and (D) a link to a website or an online tool of the Department providing final decisions on discipline of agents, attorneys, and entities, described in subparagraph (C), by the Secretary for violations of this chapter. (2) The Secretary shall provide all information under paragraph (1) in the following languages: (A) English. (B) Spanish. (C) Tagalog. (D) The seven other languages most commonly spoken in the United States.

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Source file: Laws/federal/codes/united-states-code/title-38/section-5901-prohibition-against-acting-as-claims-agent-or-attorney--0244dd5725.md
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Source location: Title 38, Chapter 59, § 5901; chapter-059-agents-and-attorneys.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 500 — Administrative practice; general provisions

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim); and (2) “State” means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. **(b)** An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. **(c)** An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. **(d)** This section does not— (1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; (2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; (3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. **(e)** Subsections (b)–(d) of this section do not apply to practice

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5901 — Prohibition against acting as claims agent

Page 1099 TITLE 38—VETERANS’ BENEFITS § 5901 processing, maintenance, use, sharing, dis- semination, or disposition of information, whether automated or manual. (14) INTEGRITY.—The term ‘‘integrity’’ means guarding against improper information modi- fication or destruction, and includes ensuring information non-repudiation and authenticity. (15) NATIONAL SECURITY SYSTEM.—The term ‘‘national security system’’ means an informa- tion system that is protected at all times by policies and procedures established for the processing, maintenance, use, sharing, dis- semination or disposition of information that has been specifically authorized under criteria established by statute or Executive Order to be kept classified in the interest of national defense or foreign policy. (16) PLAN OF ACTION AND MILESTONES.—The term ‘‘plan of action and milestones’’, means a plan used as a basis for the quarterly reporting requirements of the Office of Management and Budget that includes the following informa- tion: (A) A description of the security weakness. (B) The identity of the office or organiza- tion responsible for resolving the weakness. (C) An estimate of resources required to resolve the weakness by fiscal year. (D) The scheduled completion date. (E) Key milestones with estimated comple- tion dates. (F) Any changes to the original key mile- stone date. (G) The source that identified the weak- ness. (H) The status of efforts to correct the weakness. (17) PRINCIPAL CREDIT REPORTING AGENCY.— The term ‘‘principal credit reporting agency’’ means a consumer reporting agency as de- scribed in section 603(p) of the Fair Credit Re- porting Act (15 U.S.C. 1681a(p)). (18) SECURITY INCIDENT.—The term ‘‘security incident’’ means an event that has, or could have, r

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