I 

118TH CONGRESS 

1ST SESSION H. R. 1139 

To amend title 38, United States Code, to reinstate penalties for persons 

charging veterans unauthorized fees relating to claims for benefits under 

the laws administered by the Secretary of Veterans Affairs, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 21, 2023 

Mr. PAPPAS (for himself, Mrs. RADEWAGEN, Mr. FITZPATRICK, Mr. VAN

DREW, Mr. ALLRED, Ms. BROWNLEY, Mr. CICILLINE, Ms. DEAN of 

Pennsylvania, Mrs. DINGELL, Mr. FINSTAD, Mr. KEATING, Mr. KIM of 

New Jersey, Mr. PETERS, Ms. STRICKLAND, Ms. HOULAHAN, Mr. 

SABLAN, Mr. FOSTER, Ms. DELBENE, Ms. NORTON, Mr. COSTA, Ms. 

BARRAGA ́N, Mr. VALADAO, Ms. STEFANIK, Mr. CARSON, Mr. COHEN, Mr. 

WITTMAN, Mr. LYNCH, Ms. BONAMICI, Mrs. MCBATH, Ms. PORTER, Ms. 

TOKUDA, Ms. WILD, Ms. TITUS, Ms. KELLY of Illinois, Ms. SCANLON, 

Ms. UNDERWOOD, Mr. GROTHMAN, Mr. LIEU, Mr. NEGUSE, Mr. 

VICENTE GONZALEZ of Texas, Ms. LEE of California, Mr. HERN, Mr. 

LAMALFA, Mr. KRISHNAMOORTHI, Mr. VEASEY, Mr. BOYLE of Pennsylvania, Mr. JOHNSON of Ohio, Mr. STANTON, Mr. GOTTHEIMER, Mr. 

MCGOVERN, Ms. SHERRILL, Mr. BACON, Mr. CASE, Mr. MOULTON, Ms. 

DAVIDS of Kansas, Mr. CASTEN, Mr. COURTNEY, Mr. GARBARINO, Mrs. 

FLETCHER, Mr. KELLY of Mississippi, Mr. CONNOLLY, Mr. PHILLIPS, 

Mr. CUELLAR, Ms. JACOBS, Ms. ROSS, Ms. PINGREE, Ms. LOFGREN, Mr. 

OBERNOLTE, Mr. WEBSTER of Florida, and Ms. BUDZINSKI) introduced 

the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend title 38, United States Code, to reinstate penalties 


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2 

•HR 1139 IH

for persons charging veterans unauthorized fees relating 

to claims for benefits under the laws administered by 

the Secretary of Veterans Affairs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Governing 

5 Unaccredited Representatives Defrauding VA Benefits 

6 Act’’ or the ‘‘GUARD VA Benefits Act’’. 

7 SEC. 2. REINSTATEMENT OF PENALTIES FOR CHARGING 

8 VETERANS UNAUTHORIZED FEES RELATING 

9 TO CLAIMS FOR BENEFITS UNDER LAWS AD10 MINISTERED BY THE SECRETARY OF VET11 ERANS AFFAIRS. 

12 Section 5905 of title 38, United States Code, is 

13 amended— 

14 (1) in the section heading, by striking ‘‘Pen15 alty’’ and inserting ‘‘Penalties’’ (and conforming 

16 the table of sections at the beginning of chapter 59 

17 of such title accordingly); 

18 (2) by inserting ‘‘(a) WITHHOLDING OF BENE19 FITS.—’’ before ‘‘Whoever’’; and 

20 (3) by adding at the end the following new sub21 section: 


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•HR 1139 IH

1 ‘‘(b) CHARGING OF UNAUTHORIZED FEES.—Except 

2 as provided in sections 5904 or 1984 of this title, whoever 

3 solicits, contracts for, charges, or receives, or attempts to 

4 solicit, contract for, charge, or receive, any fee or com5 pensation with respect to the preparation, presentation, or 

6 prosecution of any claim for benefits under the laws ad7 ministered by the Secretary shall be fined as provided in 

8 title 18.’’. 

Æ 


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