Page:United States Statutes at Large Volume 120.djvu/3439

 120 STAT. 3408

38 USC 5905. 38 USC 5904 note.

Regulations. 38 USC 5904 note.

VerDate 14-DEC-2004

12:05 Jul 13, 2007

PUBLIC LAW 109–461—DEC. 22, 2006

(1) by striking ‘‘after the Board first makes a final decision in the case’’ and inserting ‘‘after a notice of disagreement is filed with respect to the case’’; (2) by striking ‘‘with the Board at such time as may be specified by the Board’’ and inserting ‘‘with the Secretary pursuant to regulations prescribed by the Secretary’’; and (3) by striking the second and third sentences. (e) ATTORNEY FEES.—Subsection (c) of such section is further amended— (1) in paragraph (1), by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’; and (2) by redesignating paragraph (3) as paragraph (4); (3) by inserting after paragraph (2) the following new paragraph (3): ‘‘(3)(A) The Secretary may, upon the Secretary’s own motion or at the request of the claimant, review a fee agreement filed pursuant to paragraph (2) and may order a reduction in the fee called for in the agreement if the Secretary finds that the fee is excessive or unreasonable. ‘‘(B) A finding or order of the Secretary under subparagraph (A) may be reviewed by the Board of Veterans’ Appeals under section 7104 of this title. ‘‘(C) If the Secretary under subsection (b) suspends or excludes from further practice before the Department any agent or attorney who collects or receives a fee in excess of the amount authorized under this section, the suspension shall continue until the agent or attorney makes full restitution to each claimant from whom the agent or attorney collected or received an excessive fee. If the agent or attorney makes such restitution, the Secretary may reinstate such agent or attorney under such rules as the Secretary may prescribe.’’. (f) TECHNICAL AND CONFORMING AMENDMENTS.—Subsection (d) of such section is amended— (1) by inserting ‘‘PAYMENT OF FEES OUT OF PAST-DUE BENEFITS.—’’ after ‘‘(d)’’; (2) by inserting ‘‘agent or’’ before ‘‘attorney’’ each place it appears; (3) in paragraph (1), by striking ‘‘of this subsection’’ after ‘‘paragraph (2)’’; (4) in paragraph (2)(B), by striking ‘‘of this paragraph’’ after ‘‘subparagraph (A)’’; and (5) in paragraph (3)— (A) by striking ‘‘attorneys’ fee’’ and inserting ‘‘fee to an agent or attorney’’; and (B) by striking ‘‘of this subsection’’ after ‘‘paragraph (1)’’. (g) REPEAL OF PENALTY FOR CERTAIN ACTS.—Section 5905 is amended by striking ‘‘(1)’’ and all that follows through ‘‘(2)’’. (h) EFFECTIVE DATE.—The amendments made by subsections (c)(1) and (d) shall take effect on the date that is 180 days after the date of the enactment of this Act 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. (i) LIMITATION ON COLLECTION OF FEE ASSESSMENT.—No assessments on fees may be collected under paragraph (6) of section 5904(a) of title 38, United States Code (as added by subsection

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