GUARD VA Benefits Act of 2023

Governing Unaccredited Representatives Defrauding VA Benefits Act of 2023 or the GUARD VA Benefits Act of 2023

This bill imposes criminal penalties 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 commission or attempted commission of such offenses is punishable by a fine, imprisonment for up to one year, or both.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 740 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 740

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

                             March 9, 2023

 Mr. Boozman (for himself, Mr. Blumenthal, Mr. Tester, and Mr. Graham) 
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 of 2023'' or the ``GUARD VA 
Benefits Act of 2023''.

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 striking ``Whoever'' and inserting the following:
    ``(a) Withholding of Benefits.--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.''.
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