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PRIOR PRINTER'S NO. 1489 PRINTER'S NO. 1508
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1209
Session of
2026
INTRODUCED BY PENNYCUICK, MASTRIANO, ROBINSON, LAUGHLIN,
FONTANA, BROWN, STEFANO, BAKER, VOGEL AND MILLER,
MARCH 11, 2026
SENATOR MASTRIANO, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
AS AMENDED, MARCH 17, 2026
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in State Veterans' Commission and
Deputy Adjutant General for Veterans' Affairs, further
providing for Veterans' Trust Fund; in veterans'
organizations, further providing for grants to veterans'
service officer programs and providing for veterans' claims
assistance standards; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1721(a) and (c) of Title 51 of the
Pennsylvania Consolidated Statutes are amended by adding
paragraphs to read:
§ 1721. Veterans' Trust Fund.
(a) Source of revenue.--In addition to transfers under
section 1719-G of the act of April 9, 1929 (P.L.343, No.176),
known as The Fiscal Code, the Veterans' Trust Fund shall include
funds from the following sources:
* * *
(2.2) Amounts collected and payable to the fund under
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section 9305 (relating to veterans' claims assistance
standards).
* * *
(c) Authorized purposes.--The department may expend money
from the Veterans' Trust Fund for the following purposes:
* * *
(8) Grants under section 9304 (relating to g rants to
veterans' service officer programs).
* * *
Section 2. Section 9304(a) introductory paragraph of Title
51 is amended to read:
§ 9304. Grants to veterans' service officer programs.
(a) Award allocations.--From funds specifically appropriated
for this purpose a nd from money in the Veterans' Trust Fund
under section 1721 (relating to Veterans' Trust Fund), the
department shall award grants to designated veterans' service
organizations to support veterans' service officer programs.
Grants awarded under this section shall be used solely to
support accredited veterans' service officers and the associated
costs, including:
* * *
Section 3. Title 51 is amended by adding a section to read:
§ 9305. Veterans' claims assistance standards.
(a) Applicability.--This section shall apply to a person
that, for compensation, assists a veteran, service member or
eligible dependent with the preparation, presentation or
prosecution of a claim for veterans' benefits.
(b) Nonapplicability.--This section shall not apply to any
of the following:
(1) A county director of veterans affairs or an employee
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of a county veterans affairs office acting in the course of
official duties.
(2) An employee of the department acting in the course
of official duties.
(3) A member of the Congress of the United States or an
employee of the Congress of the United States acting in the
course of official duties.
(4) A member of the General Assembly or an employee of
the General Assembly acting in the course of official duties.
(5) An accredited representative of a congressionally
chartered veterans' service organization, as authorized under
38 U.S.C. § 5902 (relating to recognition of representatives
of organizations).
(6) An accredited agent or attorney operating under 38
CFR 14.629 (relating to requirements for accreditation of
service organization representatives; agents; and attorneys).
(7) A nonprofit organization that assists veterans
without charging compensation of any kind.
(8) An individual providing informal support to a family
member or friend without receiving or expecting compensation.
(c) Registration.--A person subject to this section shall
register annually with the department on a form and manner
specified by the department. THE DEPARTMENT SHALL PUBLISH A LIST
OF ALL REGISTERED ENTITIES ON ITS PUBLICLY ACCESSIBLE INTERNET
WEBSITE. Registration shall include all of the following:
(1) The name and contact information of the person
providing services.
(2) Disclosure of accreditation status under 38 CFR
14.629, if applicable.
(3) A description of services offered, including whether
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assistance includes claim preparation, presentation,
consultation or related support.
(4) A statement of all fees and compensation structures
the person intends to charge for veterans' benefits
assistance.
(5) Each county in which the person will offer services.
(d) Written disclosure.--
(1) Before a person subject to this section provides
services to a veteran, service member or eligible dependent,
the person shall provide the veteran, service member or
eligible dependent with a written disclosure. The written
disclosure shall include all of the following:
(i) A statement that free assistance is available
from county directors of veterans affairs,
congressionally chartered veterans' service organizations
and accredited representatives.
(ii) A clear explanation of all fees, charges or
compensation the person may collect in connection with a
veterans' benefits matter.
(iii) A description of the specific services the
person will perform, including whether the person will
prepare, present or consult on a veterans' benefits
claim.
(iv) A statement of whether the person is accredited
under 38 CFR 14.629 and, if accredited, the category of
accreditation.
(v) A notice that the United States Department of
Veterans Affairs does not require paid assistance to file
a veterans' benefits claim and that filing a claim
through a paid provider does not guarantee a favorable
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outcome or a specific disability rating.
(vi) An acknowledgment signature line for the
veteran, service member or eligible dependent confirming
receipt of the disclosure.
(2) A person subject to this section shall provide the
disclosure under paragraph (1) in printed form and in an
electronic format accessible online. The disclosure shall
appear in large, clear and readable font and shall be written
in plain, easily understandable English.
(e) Advertising disclosure.--A person subject to this
section that advertises veterans' benefits claim assistance
services shall include the following disclosure in the
advertisement:
This business is not sponsored by or affiliated with the
United States Department of Veterans Affairs or the
Pennsylvania Department of Military and Veterans Affairs
or any other federally chartered veterans' service
organization. Other organizations, including the
Pennsylvania Department of Military and Veterans Affairs,
your local county veterans service agency and other
federally chartered veterans' service organizations, may
be able to provide you with these services free of
charge. You may qualify for other veterans' benefits
beyond the services that this business offers.
(f) Prohibited practices.--A person subject to this section
may not:
(1) Directly solicit an individual veteran, service
member or eligible dependent by telephone, text message,
email, social media or in person for the purpose of offering
veterans' benefits assistance.
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(2) Promise, guarantee or imply a specific outcome,
veterans' benefits level, disability rating or increase in
veterans' benefits.
(3) Utilize an international call center for the
processing of a veteran's personal information.
(4) Obtain, request or retain a veteran's personal
medical, financial or government benefits login credentials,
including usernames or passwords.
(5) Receive compensation for referring or directing a
veteran, service member or eligible dependent to another
person for veterans' benefits claim assistance services.
(6) REPRESENT THAT A PERSON HAS SPECIAL ACCESS TO
GOVERNMENT CLAIMS SYSTEMS OR THE ABILITY TO EXPEDITE
VETERANS' BENEFITS CLAIMS.
(g) Data security and access.--
(1) A person subject to this section shall maintain a
veteran's personal medical and financial information only on
a secure system or server that complies with applicable
standards of the National Institute of Standards and
Technology on the effective date of this paragraph.
(2) Before a person subject to this section authorizes
an individual to access a veteran's personal medical or
financial information, the person shall ensure that the
individual submits to and passes a background check conducted
by a reputable source that includes identity verification and
a criminal history records check.
(3) A PERSON SUBJECT TO THIS SECTION MAY NOT REQUEST,
REQUIRE OR INDUCE A VETERAN, SERVICE MEMBER OR DEPENDENT TO
PROVIDE LOGIN CREDENTIALS, PASSWORDS, AUTHENTICATION TOKENS
OR OTHER SECURE ACCESS INFORMATION FOR ANY FEDERAL OR STATE
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VETERANS' BENEFITS SYSTEM.
(h) Compensation limits.--A person subject to this section
may not charge or receive compensation for assisting with a
veterans' benefits matter unless all of the following apply:
(1) Compensation is contingent solely upon a successful
increase in veterans' benefits and the person collects no fee
or payment in advance.
(2) If the claim results in an increase in veterans'
benefits, compensation does not exceed the lesser of:
(i) five times the amount of the monthly increase
awarded based on the claim; or
(ii) $12,500 total.
(3) No compensation is due or payable until the veteran
receives the increased veterans' benefits for at least one
month.
(i) Timing restrictions.-- A person subject to this section
may not receive compensation for assisting with a veterans'
benefits matter filed within 365 days of a veteran's release
from active duty service. This subsection shall not apply if the
veteran executes a written waiver acknowledging all of the
following:
(1) The veteran is within 365 days of release from
active duty service.
(2) Free assistance is available through county
directors of veterans affairs, congressionally chartered
veterans' service organizations or accredited
representatives.
(3) The veteran knowingly elects to receive compensated
assistance.
(j) Veterans' Trust Fund.-- Money collected under this
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section shall be deposited into the Veterans' Trust Fund.
(k) Penalties.--A person that violates this section commits
a misdemeanor of the third degree. Each separate act that
constitutes a violation of this section shall constitute a
separate offense. In addition to criminal penalties, the
department may impose a civil penalty not to exceed $5,000 per
violation MAY BE IMPOSED .
(l) Enforcement.--The Office of Attorney General may
investigate a complaint, issue a subpoena, review the record of
a person subject to this section and take administrative action
necessary to enforce this section.
(L) ENFORCEMENT.--A CONTRACT ENTERED INTO IN VIOLATION OF
THIS SECTION SHALL BE VOID AND UNENFORCEABLE, AND A PERSON MAY
NOT COLLECT OR RETAIN COMPENSATION OBTAINED THROUGH A CONTRACT
ENTERED INTO IN VIOLATION OF THIS SECTION. THE DEPARTMENT OF
MILITARY AND VETERANS AFFAIRS MAY REFER SUSPECTED VIOLATIONS OF
THIS SECTION TO:
(1) THE ATTORNEY GENERAL;
(2) THE APPROPRIATE DISTRICT ATTORNEY; OR
(3) ANY RELEVANT PROFESSIONAL LICENSING BOARD.
(m) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Compensation." Anything of value, including a fee,
commission, payment or other remuneration, received directly or
indirectly in exchange for assistance described under
subsection (a).
"Eligible dependent." A dependent eligible to receive
veterans' benefits through a veteran or service member.
"Service member." An individual who serves in the United
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States Armed Forces, including a reserve component or the
Pennsylvania National Guard.
"Veteran." An individual who served in the United States
Armed Forces, including a reserve component or the Pennsylvania
National Guard, and who was discharged or released from service
under conditions other than dishonorable.
"Veterans' benefits." Benefits, programs, services or
payments administered by the United States Department of
Veterans Affairs.
Section 4. This act shall take effect in one year.
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