H.R. 1139House118th Congress (2023-2025)In Committee

GUARD VA Benefits Act

Introduced February 21, 2023

AI-Generated Summary

Updated January 20, 2026 at 3:54 AM UTC

The GUARD VA Benefits Act restores criminal penalties for people who charge veterans unauthorized fees when helping them file claims for VA benefits. It updates the law to make it clear that such fee‑charging is prohibited and subject to fines under federal law. The bill mainly affects veterans seeking benefits and any individuals or companies that try to profit from preparing or presenting those claims.

Key Provisions

  • Amends 38 U.S.C. §5905 to change the heading from “Penalty” to “Penalties.”
  • Adds a new clause allowing the withholding of benefits for violations.
  • Creates a new subsection that makes it a federal offense to solicit, charge, or receive any fee for preparing, presenting, or prosecuting a VA benefit claim, with penalties under Title 18.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Subcommittee Hearings Held.

March 29, 2023

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HouseIntro Referral

Introduced in House

February 21, 2023

HouseIntro Referral

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.

February 21, 2023

HouseCommittee

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

March 20, 2023

HouseCommittee

Subcommittee Hearings Held.

March 29, 2023

Floor Debate

4 members

What members said about H.R. 1139 on the floor

4 Republicans
Monica De La Cruz
Rep. Monica De La CruzR-TX-15 · Sep 12, 2023

Under clause 7 of rule XII, sponsors were added to public bills and resolutions, as follows: H.R. 16: Ms. Tokuda, Mr. Magaziner, Mr. Casten, Mr. Casar, Mr. Sherman, Ms. Caraveo, and Mr. Sablan. H.R.…

Kevin Hern
Rep. Kevin HernR-OK-1 · Feb 27, 2023

Mr. Speaker, I hereby remove my name as cosponsor of H.R. 1139.

Nancy Mace
Rep. Nancy MaceR-SC-1 · Mar 19, 2024

Mr. Speaker, I hereby remove my name as cosponsor of H.R. 1139.

Eric Burlison
Rep. Eric BurlisonR-MO-7 · Apr 11, 2024

Mr. Speaker, I hereby remove my name as cosponsor of

Bill Text

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Introduced in HouseIssued February 21, 2023

I

118th CONGRESS

1st Session

H. R. 1139

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. Barragán, 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.

1.

Short title

This Act may be cited as the Governing Unaccredited Representatives Defrauding VA Benefits Act or the GUARD VA Benefits Act.

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.

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