Title: GUARD VA Benefits Act
Policy area: Armed Forces and National Security

Summary:
Governing Unaccredited Representatives Defrauding VA Benefits Act or the GUARD VA Benefits Act
This bill imposes criminal penalties and/or fines on individuals for directly or indirectly 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 or imprisonment.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5089 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5089

To amend title 38, United States Code, to reinstate criminal 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 SENATE OF THE UNITED STATES

                           November 15, 2022

 Mr. Boozman (for himself, Mr. Blumenthal, Mr. Graham, Ms. Murkowski, 
Mr. King, Ms. Rosen, Mr. Sanders, Mr. Brown, Mr. Kelly, Mr. Wyden, Mrs. 
 Feinstein, Ms. Klobuchar, Ms. Hassan, Mr. Tester, Mr. Bennet, and Mr. 
Braun) introduced the following bill; which was read twice and referred 
                 to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to reinstate criminal 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 directly or indirectly 
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, or imprisoned not more than one year, or both.''.
                                 <all>