GUARD VA Benefits Act
- Sponsor
- Rep. Pappas, Chris [D-NH-1]
- Committees
- Veterans' Affairs Committee (primary)
- Last action
- Mar 18, 2026
Bottom line
The GUARD VA Benefits Act reinstates criminal penalties for unaccredited individuals who charge veterans unauthorized fees for assistance with their VA benefit claims, aiming to protect veterans from predatory practices.
What it actually does
This bill amends title 38, United States Code, to reinstate penalties for individuals who charge veterans unauthorized fees for assistance with claims for benefits administered by the Secretary of Veterans Affairs. Specifically, it adds a new subsection (b) to Section 5905, making it illegal to solicit, contract for, charge, or receive any fee for the preparation, presentation, or prosecution of VA benefit claims, except as permitted by existing law for accredited representatives. Violators would be subject to fines as provided in title 18 of the U.S. Code.
Proponents argue
Supporters argue that this bill is crucial for protecting vulnerable veterans from predatory individuals and organizations that exploit them by charging illegal fees for services that are often available for free or through accredited representatives. They contend that reinstating these penalties will deter bad actors and ensure veterans receive the full benefits they are entitled to without being defrauded.
Opponents contend
Critics might argue that while the intent is good, overly broad restrictions could inadvertently limit veterans' access to assistance, even from well-meaning but unaccredited individuals or organizations. Some might also raise concerns about the potential for misinterpretation of what constitutes an 'unauthorized fee,' though the bill explicitly references existing legal exceptions for accredited representatives.
The bill is concise and easily understandable, allowing for quick evaluation of its core provisions.
Section 2 of the bill, amending Section 5905 of title 38, United States Code
Reinstatement of Penalties for Charging Unauthorized Fees to Veterans
This provision is the core of the bill. It amends existing law (38 U.S.C. 5905) to explicitly reinstate penalties for anyone who charges or attempts to charge a veteran a fee for helping them prepare, present, or prosecute a claim for VA benefits, unless that person is an accredited representative operating under specific legal exceptions (sections 5904 or 1984 of title 38). Violators would face fines as outlined in title 18 of the U.S. Code, which typically covers criminal offenses.
Supporters argue
Proponents argue this provision directly addresses a critical vulnerability for veterans, preventing them from being exploited by unaccredited actors who often provide substandard advice while charging exorbitant, illegal fees. They assert that this strengthens the existing framework designed to ensure veterans receive free or appropriately regulated assistance.
Critics contend
While direct opposition to protecting veterans from fraud is rare, some might argue that the broad language could, in rare cases, create confusion for individuals offering informal, non-commercial assistance to veterans, even if not intending to charge fees. However, the explicit exceptions for accredited representatives mitigate much of this concern.
Tradeoffs
The primary tension involves balancing robust protection for veterans against potential, albeit unlikely, chilling effects on legitimate, informal assistance. The bill aims to resolve this by clearly defining what constitutes an unauthorized fee and exempting established, accredited channels.