Charniele Herring House Bill 398 Establishes Safeguarding American Veteran Empowerment Act

Sep 10, 2026, 1:30 PM ET

American flag draped over a stone bench in an autumn forest

RICHMOND, Va. – The Virginia House of Delegates and Senate have passed House Bill 398, establishing the Safeguarding American Veteran Empowerment Act to shield veterans from exploitative practices in accessing their earned benefits. The measure, which regulates compensated assistance with veterans’ benefits claims, cleared both chambers with overwhelming support, reflecting broad consensus on prioritizing service members’ welfare.

Introduced by Delegate Charniele Herring on January 12, 2026, and offered on January 14, HB 398 was promptly referred to the House Committee on Labor and Commerce. The committee’s Subcommittee 2, assigned on January 19, recommended reporting the bill with amendments on February 5, voting 7-0. The full Labor and Commerce Committee followed suit on February 10, approving it 22-0 and sending it to Appropriations.

The House Appropriations subcommittee on General Government and Capital Outlay endorsed the bill on February 13 with a 5-2 vote, and the full committee reported it 19-3 the same day. After first reading on February 15, second reading and adoption of Labor and Commerce amendments occurred on February 16, engrossing the bill. On February 17, the House passed HB 398 by a decisive 88-5 margin.

The Senate received the bill on February 18, referring it to the Committee on General Laws and Technology. That panel reported it favorably on February 25 with a 14-1 vote. Rules were suspended on February 27, and after passing by for the day on a block vote, the Senate gave final approval on March 2, passing it 40-0.

The Act creates Chapter 60 in Title 59.1 of the Code of Virginia, comprising sections 59.1-614 through 59.1-616. It defines key terms such as ‘veterans’ benefits matter,’ encompassing any claim, benefit, or administrative proceeding related to benefits administered by the U.S. Department of Veterans Affairs.

Central prohibitions include barring compensation for referrals to others who prepare, present, prosecute, advise, consult, or assist on veterans’ benefits matters. Additionally, no fees can be charged for services on claims filed within one year of a veteran’s release from active duty unless the veteran signs a waiver acknowledging free services available during that period.

House amendments adopted during committee deliberations strengthen accountability. One requires consultants to refund compensation if a benefits award is reversed, excluding cases where benefits are lowered due to improved functionality. Another clarifies fee restrictions specifically for rendering such services.

The bill mandates disclosures before any compensated assistance, ensuring veterans understand free options from accredited representatives, veterans service organizations, or VA personnel. It prohibits guaranteeing claim outcomes or using high-pressure tactics. Access to a veteran’s medical or financial information requires a reputable background check.

Violations qualify as prohibited practices under the Virginia Consumer Protection Act, as amended by § 59.1-200, subjecting offenders to civil penalties and enforcement actions. Multiple fiscal impact statements from the Department of Planning and Budget, issued from January through March, accompanied the bill’s progress, indicating careful review of implementation costs.

This legislation addresses concerns over ‘claims sharks’ – unregulated consultants charging exorbitant fees for services the VA provides at no cost. By curbing these practices, HB 398 preserves veterans’ benefits for their intended use, preventing financial predation on those who served the nation. The bill’s strong passage underscores Virginia’s commitment to honoring military sacrifices through practical safeguards.

With approval in both chambers, HB 398 now awaits Governor Glenn Youngkin’s signature or veto. If signed, the Act will take effect July 1, 2026, empowering veterans to navigate benefits processes without undue interference or cost.

The measure’s journey highlights efficient legislative collaboration, with unanimous or near-unanimous votes at key stages. House Labor and Commerce’s 22-0 report and Senate General Laws and Technology’s 14-1 endorsement demonstrate rigorous scrutiny yielding robust protections. Appropriations committees in both houses affirmed its fiscal prudence.

Virginia’s veteran community, numbering over 600,000, stands to benefit directly. The Act promotes transparency, refunds erroneous payments, and prioritizes no-cost assistance, aligning with federal resources like VA-accredited claims agents and county veterans service officers.

Supporters emphasize that unregulated fee-charging erodes trust in the benefits system. By integrating into consumer protection frameworks, the law equips the Attorney General and localities to pursue remedies swiftly.

As the session advances, HB 398 exemplifies targeted reform safeguarding honorable service with enforceable standards.

Virginia House of Delegates Virginia Senate Aaron Rouse Abigail Spanberger Adam Ebbin Adele McClure Alex Askew Alfonso Lopez Amendments Amy Laufer Angelia Williams Graves Anne Tata Atoosa Reaser Barbara Favola Barry Knight Betsy Carr Bill DeSteph Bill Wiley Bonita Anthony Briana Sewell Bryce Reeves Buddy Fowler Budget Charlie Schmidt Charniele Herring Chris Runion Christie Craig Christopher Head Cia Price Cliff Hayes Creigh Deeds Dan Helmer Danica Roem Danny Diggs David Marsden David Reid David Suetterlein Debra Gardner Delores McQuinn Delores Oates Destiny LeVere Bolling Don Scott Elizabeth Bennett-Parker Elizabeth Guzmán Ellen McLaughlin Emily Jordan Eric Phillips Eric Zehr Garrett McGuire Glen Sturtevant Glenn Youngkin Governor Gretchen Bulova Hillary Kent Holly Seibold House of Delegates Irene Shin Israel O'Quinn Jackie Glass Jas Jeet Singh Jason Ballard Jay Leftwich Jeion Ward Jennifer Boysko Jennifer Carroll Foy Jeremy McPike Jessica Anderson John McAuliff Joseph McNamara Josh Thomas Joshua Cole Justin Pence Kacey Carnegie Kannan Srinivasan Karen Hamilton Karen Keys-Gamarra Karrie Delaney Kathy Tran Katrina Callsen Keith Hodges Kelly Convirs-Fowler Kimberly Pope Adams Labor Lamont Bagby Lashrecse Aird Laura Cohen Lee Ware Legislation Leslie Mehta Lily Franklin Lindsey Dougherty Louise Lucas Luke Torian Luther Cifers Madison Whittle Mamie Locke Marcus Simon Margaret Franklin Mark Downey Mark Obenshain Mark Peake Marty Martinez May Nivar Michael Feggans Michael Jones Michael Webert Michelle Maldonado Mike Cherry Mitchell Cornett Nadarius Clark Nicole Cole Otto Wachsmann Patrick Hope Paul Krizek Phil Hernandez Phillip Scott Rae Cousins Richard Stuart Richmond Rip Sullivan Robert Bloxom Rodney Willett Rozia Henson Russet Perry Ryan McDougle Saddam Salim Sam Rasoul Schuyler VanValkenburg Scott Surovell Scott Wyatt Senate Shelly Simonds Stacey Carroll Stella Pekarsky Tammy Mulchi Tara Durant Technology Terry Austin Terry Kilgore Tim Griffin Timmy French Todd Pillion Tom Garrett Tommy Wright Tony Wilt Travis Hackworth Veterans Violations Virgil Thornton Virginia Virginia House Virginia House of Delegates Virginia Senate Vivian Watts voting Wendell Walker Will Davis Will Morefield William Stanley Wren Williams