What This Bill Does
This bill reinstates penalties against people who charge veterans unauthorized fees for help with veterans benefits claims. The bill specifically targets unauthorized representatives who solicit (ask for), contract for, charge, or receive fees related to preparing, presenting, or prosecuting any claim for benefits under the Department of Veterans Affairs.
Who It Affects
People who charge veterans unauthorized fees for help with veterans benefits claims. Veterans who file claims for benefits through the Department of Veterans Affairs.
Key Provisions
• The bill changes the heading of Section 5905 of title 38 from "Penalty" to "Penalties" to reflect the new additions (Sec. 2(1)).
• A new subsection is added that makes it illegal for anyone to solicit, contract for, charge, or receive any fee or compensation for preparing, presenting, or prosecuting any claim for benefits under the Secretary of Veterans Affairs, except in cases allowed under sections 5904 or 1984 (Sec. 2(3)).
• People who violate this prohibition face fines as provided in title 18 (Sec. 2(3)).
What Changes
Section 5905 of title 38 will now explicitly address two types of violations: withholding of benefits and charging unauthorized fees. The unauthorized fee provision makes it illegal to ask for, agree to, charge, or receive fees for help with veterans benefits claims, with exceptions only for situations allowed in sections 5904 or 1984.
Important Definitions
None defined in the bill text.
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 Pennsyl-
vania, 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’ Af-
fairs, and in addition to the Committee on the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation 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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•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 pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Governing
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Unaccredited Representatives Defrauding VA Benefits
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Act’’ or the ‘‘GUARD VA Benefits Act’’.
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SEC. 2. REINSTATEMENT OF PENALTIES FOR CHARGING
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VETERANS UNAUTHORIZED FEES RELATING
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TO CLAIMS FOR BENEFITS UNDER LAWS AD-
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MINISTERED BY THE SECRETARY OF VET-
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ERANS AFFAIRS.
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Section 5905 of title 38, United States Code, is
12
amended—
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(1) in the section heading, by striking ‘‘Pen-
14
alty’’ and inserting ‘‘Penalties’’ (and conforming
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the table of sections at the beginning of chapter 59
16
of such title accordingly);
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(2) by inserting ‘‘(a) WITHHOLDING OF BENE-
18
FITS.—’’ before ‘‘Whoever’’; and
19
(3) by adding at the end the following new sub-
20
section:
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•HR 1139 IH
‘‘(b) CHARGING OF UNAUTHORIZED FEES.—Except
1
as provided in sections 5904 or 1984 of this title, whoever
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solicits, contracts for, charges, or receives, or attempts to
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solicit, contract for, charge, or receive, any fee or com-
4
pensation with respect to the preparation, presentation, or
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prosecution of any claim for benefits under the laws ad-
6
ministered by the Secretary shall be fined as provided in
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title 18.’’.
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Æ
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