38 U.S.C. § 5905 — Penalty for certain acts

Page 1104 TITLE 38—VETERANS’ BENEFITS § 5905 out as a note under section 101 of this title, and brack- eted note thereunder. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–461, title I, § 101(h), Dec. 22, 2006, 120 Stat. 3408, provided that: ‘‘The amendments made by sub- sections (c)(1) and (d) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 22, 2006] and shall apply with respect to services of agents and attorneys that are provided with respect to cases in which notices of disagreement are filed on or after that date.’’ Pub. L. 109–461, title I, § 101(i), Dec. 22, 2006, 120 Stat. 3408, provided that: ‘‘No assessments on fees may be collected under paragraph (6) of section 5904(a) of title 38, United States Code (as added by subsection (a)(1)(D) of this section), until the date on which the Secretary of Veterans Affairs prescribes the regulations [regula- tions prescribed effective June 23, 2008, see 73 F.R. 29851] required by the amendments made by this sec- tion [amending this section and sections 5902, 5903, and 5905 of this title].’’ EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–446, title V, § 504(b), Nov. 2, 1994, 108 Stat. 4664, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to fee agreements entered into on or after the date of the enactment of this Act [Nov. 2, 1994].’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–405, title III, § 303(b), Oct. 9, 1992, 106 Stat. 1985, provided that: ‘‘Paragraph (3) [now (4)] of section 5904(c) of title 38, United States Code, as added by sub- section (a), shall apply with respect to services of agents and attorneys provided after the date of the en- actment of this Act [Oct. 9, 1992].’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–687 effective Sept. 1, 1989, see section 401(a) of Pub. L. 100–687, set out as an Effec- tive Date note under section 7251 of this title. FEE AGREEMENTS Subsec. (d) of this section not to prevent award of fees and expenses under section 2412(d) of Title 28, Judi- ciary and Judicial Procedure, but subsec. (d) of this section inapplicable to such award where fees for the same work are received under both sections and claim- ant’s attorney refunds to claimant amount of smaller fee, see section 506(c) of Pub. L. 102–572, set out as a note under section 2412 of Title 28. APPLICABILITY TO ATTORNEYS’ FEES Pub. L. 100–687, title IV, § 403, Nov. 18, 1988, 102 Stat. 4122, which provided that the amendment to subsec. (c) of this section by section 104(a) of Pub. L. 100–687 ap- plied only to services of agents and attorneys in cases in which a notice of disagreement was filed with the Department of Veterans Affairs on or after Nov. 18, 1988, was repealed by Pub. L. 107–103, title VI, § 603(b), Dec. 27, 2001, 115 Stat. 999. [Repeal of section 403 of Pub. L. 100–687, formerly set out above, applicable to any appeal filed with the United States Court of Appeals for Veterans Claims on or after Dec. 27, 2001, or before that date but in which a final decision has not been made under section 7291 of this title as of that date, see section 603(d) of Pub. L. 107–103, set out as a note under section 7251 of this title.] § 5905. Penalty for certain acts Whoever wrongfully withholds from any claimant or beneficiary any part of a benefit or claim allowed and due to the claimant or bene- ficiary, shall be fined as provided in title 18, or imprisoned not more than one year, or both. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1239, § 3405; Pub. L. 99–576, title VII, § 701(81), Oct. 28, 1986, 100 Stat. 3298; Pub. L. 100–687, div. A, title I, § 104(b), Nov. 18, 1988, 102 Stat. 4109; renumbered § 5905 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–461, title I, § 101(g), Dec. 22, 2006, 120 Stat. 3408.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–461 struck out ‘‘(1) directly or indi- rectly solicits, contracts for, charges, or receives, or at- tempts 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 Sept. 1, 1989, see section 401(a) of Pub. L. 100–687, set out as an Effec- tive Date note under section 7251 of this title. § 5906. Availability of legal assistance at Depart- ment facilities (a) IN GENERAL.—Not less frequently than three times each year, the Secretary shall facili- tate the provision by a qualified legal assistance clinic of pro bono legal assistance described in subsection (c) to eligible individuals at not fewer than one medical center of the Depart- ment of Veterans Affairs, or such other facility of the Department as the Secretary considers appropriate, in each State. (b) ELIGIBLE INDIVIDUALS.—For purposes of this section, an eligible individual is— (1) any veteran; (2) any surviving spouse; or (3) any child of a veteran who has died. (c) PRO BONO LEGAL ASSISTANCE DESCRIBED.— The pro bono legal assistance described in this subsection is the following: (1) Legal assistance with any program ad- ministered by the Secretary. (2) Legal assistance associated with— (A) improving the status of a military dis- charge or characterization of service in the Armed Forces, including through a dis- charge review board; or (B) seeking a review of a military record before a board of correction for military or naval records. (3) Such other legal assistance as the Sec- retary— (A) considers appropriate; and