§ 5902. — Recognition of representatives of organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5902]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 59--AGENTS AND ATTORNEYS
Sec. 5902. Recognition of representatives of organizations
(a)(1) The Secretary may recognize representatives of the American
National Red Cross, the American Legion, the Disabled American Veterans,
the United Spanish War Veterans, the Veterans of Foreign Wars, and such
other organizations as the Secretary may approve, in the preparation,
presentation, and prosecution of claims under laws administered by the
Secretary.
(2) The Secretary may, in the discretion of the Secretary, furnish,
if available, space and office facilities for the use of paid full-time
representatives of national organizations so recognized.
(b) No individual shall be recognized under this section--
(1) unless the 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 any claim; and
(2) unless, with respect to each claim, such individual has
filed with the Secretary a power of attorney, executed in such
manner and form as the Secretary may prescribe.
(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 organization, the
Secretary shall notify the organization at the address designated by the
organization for the purpose of receiving the notification concerned.
(d) Service rendered in connection with any such claim, while not on
active duty, by any retired officer, warrant officer, or enlisted member
of the Armed Forces recognized under this section shall not be a
violation of sections 203, 205, 206, or 207 of title 18.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1238, Sec. 3402; Pub. L. 91-24,
Sec. 12(b), June 11, 1969, 83 Stat. 34; Pub. L. 98-160, title VII,
Sec. 703(5), Nov. 21, 1983, 97 Stat. 1010; renumbered Sec. 5902, Pub. L.
102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.
102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405;
Pub. L. 104-275, title V, Sec. 508(a), Oct. 9, 1996, 110 Stat. 3343.)
Amendments
1996--Subsecs. (c), (d). Pub. L. 104-275 added subsec. (c) and
redesignated former subsec. (c) as (d).
1991--Pub. L. 102-40 renumbered section 3402 of this title as this
section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration''.
Subsecs. (a)(2), (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
1983--Subsec. (a)(1). Pub. L. 98-160, Sec. 703(5)(A), substituted
``the Administrator'' for ``he''.
Subsec. (a)(2). Pub. L. 98-160, Sec. 703(5)(B), substituted ``the
discretion of the Administrator'' for ``his discretion''.
Subsec. (b)(1). Pub. L. 98-160, Sec. 703(5)(C), substituted ``the
individual'' for ``he''.
Subsec. (c). Pub. L. 98-160, Sec. 703(5)(D), substituted ``member''
for ``man''.
1969--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''.
Effective Date of 1996 Amendment
Section 508(b) of Pub. L. 104-275 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.''
Section Referred to in Other Sections
This section is referred to in sections 521, 1711, 2041 of this
title; title 10 section 2679.
