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S. 740Senate118th Congress (2023-2025)In Committee

GUARD VA Benefits Act of 2023

Sponsored by John BoozmanSen. John Boozman (R-AR)
Introduced March 9, 2023

AI-Generated Summary

Updated January 20, 2026 at 4:38 AM UTC

The GUARD VA Benefits Act of 2023 restores criminal penalties for people who charge veterans unauthorized fees when they seek benefits administered by the Department of Veterans Affairs. It updates the law to treat such fee‑charging as a punishable offense, aiming to protect veterans from fraud. The bill applies to anyone who directly or indirectly solicits, contracts for, charges, or receives fees related to preparing or pursuing a VA benefit claim, except where other specific statutes already apply.

Key Provisions

  • Amends 38 U.S.C. §5905 to change the heading from “Penalty” to “Penalties.”
  • Adds a new subsection that makes it a crime to solicit, contract for, charge, receive, or attempt any fee for preparing, presenting, or prosecuting a VA benefit claim, unless exempted by sections 5904 or 1984.
  • Specifies that violators can be fined under title 18, imprisoned for up to one year, or both.

Legislative Activity

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2 earlier actions
SenateCommittee Latest Action

Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 118-160.

Veterans' Affairs Committee

April 26, 2023

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SenateIntro Referral

Introduced in Senate

March 9, 2023

SenateIntro Referral

Read twice and referred to the Committee on Veterans' Affairs.

Veterans' Affairs Committee

March 9, 2023

SenateCommittee

Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 118-160.

Veterans' Affairs Committee

April 26, 2023

Bill Text

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Introduced in SenateIssued March 9, 2023

II

118th CONGRESS

1st Session

S. 740

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.

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.

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.

.