[Congressional Record Volume 165, Number 24 (Thursday, February 7, 2019)]
[House]
[Pages H1406-H1409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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PREVENTING CRIMES AGAINST VETERANS ACT OF 2019
Ms. BASS. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 450) to amend title 18, United States Code, to provide an
additional tool to prevent certain frauds against veterans, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 450
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Crimes Against
Veterans Act of 2019''.
SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST
VETERANS.
(a) In General.--Chapter 63 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1352. Fraud regarding veterans' benefits
``(a) Whoever knowingly executes, or attempts to execute,
any scheme or artifice to defraud an individual of veterans'
benefits, or in connection with obtaining veteran's benefits
for that individual, shall be fined under this title,
imprisoned not more than 5 years, or both.
``(b) In this section--
``(1) the term `veteran' has the meaning given that term in
section 101 of title 38; and
``(2) the term `veterans' benefits' means any benefit
provided by Federal law for a veteran or a dependent or
survivor of a veteran.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 63 of title 18, United States Code, is
amended by adding at the end the following new item:
``1352. Fraud regarding veterans' benefits.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Bass) and the gentleman from Georgia (Mr. Collins) each
will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. BASS. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks and include
extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased to support H.R. 450, the Preventing Crimes
Against Veterans Act of 2019, as amended, which would make it a crime
to knowingly engage in any scheme to defraud a veteran of his or her
veterans benefits.
This legislation provides an important, additional tool for Federal
prosecutors to use to combat veterans benefits fraud.
Because we honor their service and because of the sacrifices our
veterans have made for us, it is particularly important that we protect
them from fraud and ensure the integrity of the system of benefits we
provide for them.
Currently, there are about 21 million veterans of the U.S. military,
men and women who selfishly serve our Nation. Unfortunately, many of
our veterans, as a result of their service, have been scarred, whether
physically, mentally, or both. Often, it is the scars that we cannot
visually see that are the hardest to address.
There are well over 1 million American veterans with service-
connected disabilities.
The suicide rate among veterans is 300 percent above the national
average, and it is estimated that about 30 percent of all Vietnam
veterans and 20 percent of veterans of the recent Middle East conflicts
suffer from post-traumatic stress disorder in a given year.
In addition, veterans are more likely than nonveterans to become
homeless. They comprise 17 percent of our homeless population. On any
given night, an estimated 50,000 veterans are sleeping on American
streets. That is just not right.
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In recognition of the extreme sacrifice by our veterans and the
hardships many of them continue to face after their military service,
it is our duty to provide, to the best of our ability, an appropriate
measure of compensation for them, particularly those in need.
This is the least we can do, and it is still not enough. There
continue to be issues with the medical care we provide our veterans and
problems about some benefits never being processed and paid because of
the loss of claims by the Veterans Benefits Administration.
That is why we must prohibit any schemes that would defraud a veteran
of their benefits. Under H.R. 450, anyone convicted of such crime could
be fined, imprisoned, or subject to both penalties.
This bill is important because it fills in a gap in enforcement for
the protection of veterans. Under current law, the VA allows agents or
attorneys to assess a nominal fee to assist claimants who are appealing
different aspects of their benefits.
It is illegal for a nonattorney or a person not registered as an
agent to assist such claimants. However, if an unauthorized individual
offers a veteran assistance in person, they cannot be prosecuted under
current Federal law. The wire fraud statutes do not extend to such in-
person contact.
Because of this, fraudsters routinely take advantage of this
loophole. I am aware of at least one specific instance in which a bad
actor visited an assisted living facility in Florida and asked the
staff to round up all veterans for a seminar. He could not be
prosecuted under the law as it stands today. This is unconscionable. We
need this bill, because the example I just gave is not an isolated
incident.
More broadly, those who defraud veterans or their surviving spouses
or dependents endanger our system of veterans benefits not only by
harming the victims, but also by diminishing resources required to pay
the claims and fund the programs that are needed to help those who have
served our country.
Mr. Speaker, I commend the bill's sponsors, Mr. Deutch and Mr.
Meadows, for their hard work and bipartisan efforts to address this
critical problem.
Mr. Speaker, I urge my colleagues to support this important
legislation, and I reserve the balance of my time.
Mr. COLLINS of Georgia. Mr. Speaker, I yield myself as much time as I
may consume.
Mr. Speaker, the bill before us today makes a small but significant
change to the Federal fraud statutes to protect veterans from
fraudsters who seek to steal their benefits. It does so by inserting a
new provision into the criminal code to complement the mail and wire
fraud statutes.
In recent years, there have been reports of criminals entering
nursing homes in search of elderly veterans with the intent to defraud
them of their Federal benefits. Like many crimes of fraud, Mr. Speaker,
the worst part is that people often present themselves as helpful to
the veteran. This is a truly heinous crime worthy of Congress'
attention.
This legislation has passed this House twice by overwhelming margins,
and it also incorporates technical assistance from the Department of
Justice, ensuring it will be effective in practice.
This is a bill that is supported by many. My colleague, Mr. Meadows
from North Carolina, has spoken eloquently about this, and we will be
entering his message under general leave as well.
As a member of the Air Force Reserve and an Iraq veteran, Mr.
Speaker, this issue is near and dear to my heart. I have introduced
numerous pieces of legislation over the years to protect our veterans
and to expedite the benefits process.
Our men and women in uniform have sacrificed much for us. They are
entitled to our gratitude, our respect, and our protection.
As President Abraham Lincoln reminded us 156 years ago, it is our
duty ``to care for him who shall have borne the battle and for his
widow, and his orphan.''
Mr. Speaker, there is nothing in my mind more heinous than someone
who tries to defraud a veteran of what they have earned. This is
something that we can all come around on. This is something we can all
support.
Mr. Speaker, I urge support of this legislation, and I reserve the
balance of my time.
Ms. BASS. Mr. Speaker, I yield 5 minutes to the gentleman from
Florida (Mr. Deutch).
Mr. DEUTCH. Mr. Speaker, I thank my friend from California for the
time and for her support of this legislation, and I thank Mr. Collins
from Georgia for his service and for his support of this legislation.
Mr. Speaker, I rise today in support of our Nation's veterans. Our
veterans distinguish themselves in service to our country, but that
distinction is too often recognized and preyed upon by scam artists.
H.R. 450, the Preventing Crimes Against Veterans Act, will close a
loophole in our criminal law and will give Federal law enforcement the
tools they need to crack down on financial fraud schemes that target
our veterans.
My friend, veteran, and former Congressman Tom Rooney introduced this
bill with me in the past two Congresses. It passed by a voice vote in
the 115th Congress and passed unanimously 411-0 in the 114th.
It is time to pass it again and to finally make it law to help our
veterans.
Mr. Speaker, I am grateful to Representative Meadows for continuing
this important bipartisan work to protect America's veterans.
In a 2017 survey, AARP found that 78 percent of veterans receive scam
pitches specifically targeted to their military service. They also
found that 16 percent of veterans lost money to financial fraud over
the past 5 years, double the rate of nonveterans.
Mr. Speaker, I thank Greg Dover of Palm Beach County Veterans
Services, who sounded the alarm and helped fight for this important
legislation.
I have heard too many stories from south Floridians--veterans,
survivors, families, and their veterans service officers--who have been
taken advantage of through so-called pension poaching scams that target
the supplemental aid and attendance pension benefit.
In one case, a veteran responded to a solicitation with the hope of
securing additional pension benefits. He was met with a high-pressure
sales tactic in his own home. The sales representative tried to
convince him to apply for benefits that he didn't want and that he
wasn't eligible for.
In addition to filing an improper claim on the veteran's behalf, the
scammer lied and told the veteran that he was required to enter into a
long-term healthcare contract in order to receive the benefits.
Pension poachers comb through south Florida's senior communities to
look for targets. They gather residents for high-pressure sales pitches
to convince them to file inaccurate claims.
In one case, a scammer intentionally withheld spousal income from a
veteran's application to illegally unlock additional benefits. The
veteran paid excessive filing fees of over $600, but that wasn't the
worst of it. The VA eventually learned about the additional unreported
income. They learned that the veteran was not eligible, and they sought
to claw back nearly $50,000 in overpayments.
By the time the veteran faced financial ruin, the scammer had
disappeared and couldn't be found.
As our senior population continues to grow, aging veterans will
require assistance with activities of daily living that the veterans
aid and attendance benefit can provide. The application of financial
eligibility requirements offers an opportunity for scam artists to take
advantage of our most vulnerable American veterans with empty promises
and hidden consequences.
Veterans don't have to face benefit hurdles alone, but they shouldn't
be easy targets for criminals either.
This legislation will help law enforcement fight back against pension
poachers and other scammers. It will root out scam operations. And it
will protect our veterans from falling prey to these ploys.
Mr. Speaker, I urge my colleagues to be there for our veterans, just
as they have been there for us. Please vote ``yes'' on this important
legislation.
Mr. COLLINS of Georgia. Mr. Speaker, I reserve the balance of my
time.
Ms. BASS. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the gentlewoman from California
for her leadership, and I thank
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both the ranking member and the full committee chair. And I thank Mr.
Deutch from Florida, for it looks like, in this instance, Florida and
Texas and many other States certainly are--how should I say it?--in
coalition with the number of veterans that we have and the stories that
we have heard about fraudulent activities as it relates to our
veterans.
I would think that all veterans want to do after battling on behalf
of this Nation and securing this Nation is to come home to a safe and
secure community and people who welcome them and treat them with the
dignity that they deserve. Unfortunately, because veterans have
resources through their veterans benefits, they are targeted by those
who have no goodwill, but evil intent.
Currently, there are approximately 21 million veterans of the United
States Armed Forces living in our country. It is estimated that about
30 percent of all Vietnam veterans have had post-traumatic stress
disorder, and up to 20 percent of veterans serving in more recent
conflicts in the Middle East are estimated to suffer from PTSD in a
given year.
Given the extreme sacrifice of our veterans and the hardships many of
them continue to face after their military service, it is our duty, to
the best of our ability, to have an appropriate measure of compensation
for them, particularly for those in need.
For instance, we provide disability payments to those with service-
connected disabilities, pensions for veterans with limited income,
education and training under the GI Bill, and various life insurance
benefits.
Over 71,000 veterans live in my congressional district.
H.R. 450 provides law enforcement with another tool to bring to
justice those who knowingly defraud a veteran of their benefits or
engage in fraud in connection with obtaining veterans benefits.
Unfortunately, Mr. Speaker, there are many of them. 476,515 veterans
are living with PTSD and need their benefits.
Mr. Speaker, how many have come to us in our offices and indicated
that, through a telemarketing scheme, they have given up their benefits
or they have taken their benefits to invest or buy something that
either is never seen or doesn't help them, and never is their money
returning back to them.
Mr. Speaker, I thank the gentleman from Florida in particular for
being sensitive enough to listen to his constituents. In listening to
my constituents and solving cases in our offices, there are cases that
come into our offices where veterans have had their benefits taken away
or they wind up homeless because resources are taken away and they
don't have the necessary resources.
This is a good, good step to acknowledge their service and how
important they are; to stop those who think that they are easy prey
from defrauding our veterans; and to make the right kind of legal
traps, if you will, that law enforcement can place, not for veterans
who have served us, but for those who wish to defraud them.
Mr. Speaker, I congratulate the gentleman from Florida and ask my
colleagues to support H.R. 450, the Preventing Crimes Against Veterans
Act of 2019.
Mr. Speaker, I rise today in strong support of H.R. 450, the
``Preventing Crimes Against Veterans Act of 2017,'' which provides an
additional tool to deter, detect, and punish fraudulent activity
against veterans.
The Preventing Crimes Against Veterans Act of 2017 would make it
unlawful to knowingly execute, or attempt to execute, any scheme or
artifice to defraud an individual of veterans' benefits, or in
connection with obtaining veterans benefits.
We honor our veterans' service and their sacrifices; it is important
that we protect veterans from fraud and ensure the integrity of the
system of benefits we provide for them.
Currently, there are approximately 21 million veterans of the United
States Armed Forces living in our country.
It is estimated that about 30 percent of all Vietnam veterans have
had post-traumatic stress disorder (PTSD) and up to 20 percent of
veterans serving in more recent conflicts in the Middle East are
estimated to suffer from PTSD in a given year.
Given the extreme sacrifice by our veterans and the hardships many of
them continue to face after their military service, it is our duty to
provide, to the best of our ability, an appropriate measure of
compensation for them--particularly for those in need.
For instance, we provide disability payments to those with service-
connected disabilities, pensions for veterans with limited incomes,
education and training under the GI Bill, and various life insurance
benefits.
Over 71,749 veterans reside in my 18th Congressional District and one
of my top priorities is to fight for their benefits and to fight for
the rights of our most patriotic Americans.
H.R. 450 provides law enforcement with another tool to bring to
justice those who knowingly defraud a veteran of their benefits or
engage in fraud in connection with obtaining veterans' benefits.
Mr. Speaker, 476,515 veterans are living with PTSD and need their
benefits to obtain needed care for their disorder; it is criminal that
some are left untreated.
Those who defraud veterans and the system of veterans' benefits harm
the victims and diminish resources needed to pay the claims and fund
the programs that are needed to help those who have served their
country.
I urge all Members to join me in voting to pass H.R. 450.
{time} 1330
Mr. COLLINS of Georgia. Mr. Speaker, I think this is something we can
all get around. I think, again, when we deal with our veterans, I have
made the comments many times before, not specifically in dealing with
this fraud and dealing with the issues here that are just heinous--and
anybody who would do this definitely would put themselves on the
margins of society--but also on a broader picture with our veterans.
I think this scenario where we can all come together--I long for a
time in which my constituents services folks back in Georgia, I long
for a time when I listen to their report each week, and I want to come
to a time when there are no veteran issues.
We should strive in our country to have a time in which no veteran
should feel the need to have to go to their Congressman to get help.
That is something that we can all shoot for. That is a worthy goal. I
would love to have that time to let them help other people and not
these men and women who have served us so proudly. Mr. Speaker, I know
you would join me in that.
Mr. Speaker, I ask for support of this bill, and I yield back the
balance of my time.
Ms. BASS. Mr. Speaker, we should do everything we can to protect our
veterans who have given so much of themselves to our Nation.
Our veterans have laid their lives on the line. We owe them much, and
we should repay our gratitude whenever we can. Certainly, helping to
ensure that their veterans benefits are protected against fraud, as
H.R. 450 would do, is one way of expressing our appreciation, and it is
the right and the just thing to do. For these reasons, I urge my
colleagues to join me in supporting this bill.
Mr. Speaker, I yield back the balance of my time.
Mr. MEADOWS. Mr. Speaker, I rise today in support of a bill to
provide real consequences against those who would seek to commit fraud
at the expense of America's Veterans.
H.R 450, the Bipartisan ``Preventing Crimes Against Veterans Act,''
would close loopholes in existing laws and provide law enforcement with
additional tools to crack down on fraud cases in connection with
Veterans' benefits.
In recent history, financial predators have increasingly begun
targeting America's veterans, particularly those in low income housing,
looking to commit fraud and rob them of their federal benefits. Many of
these fraudsters pose as federal caseworkers, offering to expedite
Veterans' claims or assist them with unanswered questions--only to
charge them exorbitant fees while providing little or no service in
return.
Absolutely no veteran should be defrauded of their well-earned
benefits, particularly those in need. Those who defraud veterans and
their families of their benefits not only harm these victims, but they
also diminish resources required to pay the claims and fund the
programs needed to assist those who have served our Nation.
Mr. Speaker, Congress has both a responsibility and an obligation to
step up and protect our Veterans against this activity.
Unfortunately, current law hamstrings prosecutors and allows for
criminals engaging in this type of conduct to escape with minimal
penalty.
H.R. 450 would make needed changes to that process. It would impose
new penalties on fraudsters--including a fine, imprisonment of up to
five years, or both. By attaching a criminal penalty to this behavior,
the bill provides prosecutors with the tools to take adequate and
appropriate legal action against those who seek to defraud veterans.
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This is a common sense reform that would send a loud and clear
message of support to those who have served our country so faithfully
and protect them against any effort to rob them of their hard earned
benefits.
Finally, I want to thank the gentleman from Florida, Ted Deutch, who
is the lead Democratic cosponsor, for his leadership on this important
measure.
I support this bill and I urge my colleagues to do the same.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Bass) that the House suspend the rules
and pass the bill, H.R. 450, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. BASS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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