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”.
Governing Unaccredited Representatives Defrauding VA Benefits Act of 2023
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.
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—
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);
by striking “Whoever” and inserting the following:
“(a) Withholding of benefits—Whoever”
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.”