Page:United States Statutes at Large Volume 120.djvu/3438

 PUBLIC LAW 109–461—DEC. 22, 2006

120 STAT. 3407

‘‘(2) 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.’’. (3) SUSPENSION OF INDIVIDUALS RECOGNIZED FOR PARTICULAR CLAIMS.—Section 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.’’. (b) ADDITIONAL BASES FOR SUSPENSION OF INDIVIDUALS.—Subsection (b) of section 5904 is amended— (1) by inserting ‘‘SUSPENSION OF AGENTS AND ATTORNEYS.— ’’ after ‘‘(b)’’; (2) in paragraph (4), by striking ‘‘or’’ at the end; (3) in paragraph (5), by striking the period and inserting a semicolon; and (4) by adding at the end the following new paragraphs: ‘‘(6) has presented to the Secretary a frivolous claim, issue, or argument, involving conduct inconsistent with ethical standards for the practice of law; ‘‘(7) has been suspended or disbarred by any court or bar to which such agent or attorney was previously admitted to practice, or has been disqualified from participating in or appearing before any Federal agency, and has not been subsequently reinstated; ‘‘(8) has charged excessive or unreasonable fees, as determined by the Secretary in accordance with subsection (c)(3)(A); or ‘‘(9) has failed to comply with any other condition specified in regulations prescribed by the Secretary for purposes of this subsection.’’. (c) MODIFICATION OF DATE FOR COMMENCEMENT OF SERVICES SUBJECT TO FEES.— (1) MODIFICATION.—Effective as provided in subsection (h), paragraph (1) of subsection (c) of such section is amended— (A) by striking ‘‘the Board of Veterans’ Appeals first makes a final decision in’’ and inserting ‘‘a notice of disagreement is filed with respect to’’; (B) by striking the second sentence; and (C) in the third sentence, by inserting ‘‘fees charged, allowed, or paid for’’ before ‘‘services provided’’. (2) REPORT.—Not later than 42 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report that sets forth an assessment of the effects of allowing agents and attorneys recognized under section 5904 of title 38, United States Code, to charge a fee to a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department of Veterans Affairs after a notice of disagreement has been filed. Such report shall include the recommendations of the Secretary with respect to agent and attorney representation. (d) MODIFICATION OF REQUIREMENTS TO FILE ATTORNEY FEE AGREEMENTS.—Effective as provided in subsection (h), paragraph (2) of subsection (c) of such section is amended—

VerDate 14-DEC-2004

12:05 Jul 13, 2007

Jkt 059194

PO 00003

Frm 00210

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.109

38 USC 5903.

APPS06

PsN: PUBL003

�