[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3492 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3492

To amend title 38, United States Code, to allow claimants for benefits 
  under laws administered by the Secretary of Veterans Affairs to pay 
   fees for attorney services during any stage of the Department of 
                    Veterans Affairs claims process.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2003

Mr. Franks of Arizona (for himself, Mr. King of Iowa, Mr. Hoekstra, Mr. 
   Manzullo, Mr. Souder, Mr. Wilson of South Carolina, Mr. Burton of 
Indiana, Mrs. Christensen, Mr. Peterson of Pennsylvania, Mr. Garrett of 
 New Jersey, and Mrs. Myrick) introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to allow claimants for benefits 
  under laws administered by the Secretary of Veterans Affairs to pay 
   fees for attorney services during any stage of the Department of 
                    Veterans Affairs claims process.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Right to an Attorney Act 
of 2003''.

SEC. 2. REPEAL OF PROHIBITION ON PAYING ATTORNEYS DURING THE DEPARTMENT 
              OF VETERANS AFFAIRS CLAIMS PROCESS.

    (a) Repeal.--Section 5904(c) of title 38, United States Code, is 
amended--
            (1) by striking paragraphs (1) and (3);
            (2) by striking ``(c)'' and all that follows through ``(2) 
        A person'' and inserting ``(c) A person''; and
            (3) in the first sentence--
                    (A) by striking ``in a case referred to in 
                paragraph (1) of this subsection'' and inserting ``in 
                connection with a proceeding with respect to benefits 
                under laws administered by the Secretary''; and
                    (B) by striking ``after the Board first makes a 
                final decision in the case''.
    (b) Conforming Amendments.--
            (1) Section 5905 of such title is amended--
                    (A) by striking ``Whoever'' and inserting ``(a) 
                Whoever'';
                    (B) by striking ``in sections 5904 or 1984 of this 
                title'' and inserting ``in subsection (b) of this 
                section''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(b) Subsection (a)(1) does not apply to a fee or compensation for 
services as provided in section 1984 of this title or in connection 
with a proceeding with respect to benefits under laws administered by 
the Secretary, except if in violation of an order of the Board made 
under the second sentence of section 5904(c) of this title.''.
            (2) Section 7263(d) of such title is amended by striking 
        ``5904(c)(2)'' and inserting ``5904(c)''.
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