GUARD VA Benefits Act

Subjects: Armed Forces and National Security, Civil actions and liability, Fraud offenses and financial crimes, User charges and fees, Veterans' pensions and compensation

Summary:  <p><strong>Governing Unaccredited Representatives Defrauding VA Benefits Act or the GUARD VA Benefits Act</strong></p> <p>This bill imposes fines on individuals for soliciting, contracting for, charging, or receiving any unauthorized fee or compensation with respect to the preparation, presentation, or prosecution of any claim for Department of Veterans Affairs benefits. The attempted commission of such offenses is also punishable by fine.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1139 Introduced in House (IH)]

&lt;DOC&gt;






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. Barragan, 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 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.

    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 ``Governing Unaccredited 
Representatives Defrauding VA Benefits Act'' or the ``GUARD VA Benefits 
Act''.

SEC. 2. REINSTATEMENT OF PENALTIES FOR CHARGING VETERANS UNAUTHORIZED 
              FEES RELATING TO CLAIMS FOR BENEFITS UNDER LAWS 
              ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.

    Section 5905 of title 38, United States Code, is amended--
            (1) in the section heading, by striking ``Penalty'' and 
        inserting ``Penalties'' (and conforming the table of sections 
        at the beginning of chapter 59 of such title accordingly);
            (2) by inserting ``(a) Withholding of Benefits.--'' before 
        ``Whoever''; and
            (3) by adding at the end the following new subsection:
    ``(b) Charging of Unauthorized Fees.--Except as provided in 
sections 5904 or 1984 of this title, whoever solicits, contracts for, 
charges, or receives, or attempts to solicit, contract for, charge, or 
receive, any fee or compensation with respect to the preparation, 
presentation, or prosecution of any claim for benefits under the laws 
administered by the Secretary shall be fined as provided in title 
18.''.
                                 &lt;all&gt;
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