[Congressional Record Volume 167, Number 108 (Tuesday, June 22, 2021)]
[House]
[Pages H2952-H2954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PREVENTING CRIMES AGAINST VETERANS ACT OF 2021

  Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 983) 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. 983

       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 2021''.

     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 gentleman from New 
York (Mr. Nadler) and the gentleman from North Carolina (Mr. Bishop) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New York.

                              {time}  1530


                             General Leave

  Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 983.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am proud to support H.R. 983, the Preventing Crimes 
Against Veterans Act of 2021, bipartisan legislation that would make it 
a crime to knowingly engage in any scheme to defraud a veteran of his 
or her veteran's benefits.
  Our Nation owes a great debt to veterans. There are currently about 
18 million veterans of the United States military, men and women who 
selflessly served our Nation.
  Unfortunately, many of our veterans, as a result of their service, 
have physical and mental scars. There are well over 1 million American 
veterans with service-connected disabilities, and 43 percent of post-9/
11 veterans have a service-connected disability which may entitle them 
to certain benefits.
  Receipt of benefits requires the veteran to file an application and 
undergo a thorough review by the Department of Veterans Affairs. 
Sometimes these benefits are granted outright. Other times, the veteran 
must appeal their initial denial to receive the benefits they deserve.
  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. They are not permitted, however, to charge for services 
related to the initial preparation and filing of their claims.
  Accordingly, it is currently illegal for a nonattorney or a person 
not registered as an agent to assist such initial claims. The rationale 
for this prohibition is that many veterans may fall victim to benefit 
fraud schemes, where individuals may divert benefits or apply for 
benefits that should not be awarded.
  To enforce this prohibition, Federal prosecutors currently rely on 
the wire and mail fraud statutes to ensure that nonattorneys or 
nonregistered agents do not assist in benefit applications or 
unlawfully divert benefits.
  However, if an unauthorized individual offers a veteran assistance in 
person, they cannot be prosecuted under current fraud statutes. The 
wire and mail fraud statutes do not extend to in-person fraudulent 
schemes.
  The Preventing Crimes Against Veterans Act would close this critical 
loophole and would ensure that in-person benefit fraud schemes may also 
be prosecuted.
  For example, in one instance, a scammer held briefing seminars in a 
senior community. He asked the staff to round up the veterans, then 
used high-pressure sales tactics to coerce the veterans to apply for 
benefits.
  In-person solicitation like this requires no electronic or mail 
transmission and, thus, evades wire and mail fraud criminal 
prohibitions. Other reports indicate that scammers have also been known 
to hand out flyers outside of VA regional medical centers and VA 
regional offices to identify unwitting veterans.
  These examples are precisely why closing this loophole is so 
critically important. Under H.R. 983, anyone convicted of such crimes 
could be fined, imprisoned, or be subject to both penalties.
  By adopting this bill, Congress would affirm the integrity of the 
benefits program and would protect veterans and their survivors who 
receive payments, such as those to veterans with service-connected 
disabilities, pensions for veterans with limited incomes, and education 
and training payments under the GI bill.
  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 for those who are in 
need.
  This legislation would ensure that attempts to defraud them of the 
benefits they need and deserve may be fully prosecuted.
  I commend the bill's sponsors, Mr. Deutch and Mr. Fitzpatrick, for 
their hard work and bipartisan efforts to address this critical 
problem.
  I urge my colleagues to support this important legislation, and I 
reserve the balance of my time.

[[Page H2953]]

  

  Mr. BISHOP of North Carolina. Mr. Speaker, I yield myself such 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 criminals 
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.
  Unfortunately, there have been reports in recent years 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, these fraudsters present themselves to 
their victims as a helping hand in a time of need. This is a truly 
despicable crime worthy of this body's attention.
  This legislation has passed this House three times by overwhelming 
margins, including a vote of 417-0 last Congress.
  Our men and women in uniform have sacrificed much for us. They have 
earned our gratitude, our respect, and our protection.
  Mr. Speaker, there is little, in my mind, more contemptuous than 
someone who tries to defraud a veteran of what they have earned in 
defense of our country. We must put an end to this fraud.
  I urge all my colleagues to support this measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Florida (Mr. Deutch).
  Mr. DEUTCH. Mr. Speaker, I rise in support of H.R. 983, the 
Preventing Crimes Against Veterans Act.
  Financial fraud is an increasingly sophisticated enterprise. The 
unfortunate reality is that our Nation's veterans have become one of 
its biggest new targets.
  Far too often, so-called pension poachers prey on elderly veterans. 
They use high-pressure sales pitches to con vulnerable veterans, 
survivors, and their families out of their hard-earned and well-
deserved benefits.
  Scammers make big promises, knowing that they will never be able to 
deliver. In the end, they leave veterans with their personal 
information and financial security compromised.
  These criminals not only prey on our veterans, they prey on every 
American taxpayer who wants to do right by those who have served our 
country. Sadly, the COVID-19 pandemic has only made the situation 
worse, as scams have been on the rise.
  The VA, community groups, and veterans service organizations are 
working to alert and educate our communities about these scams. But 
Congress must ensure that we do not let pension poachers get away with 
taking advantage of those who have served.
  Unfortunately, our current laws fail to keep up with the increasing 
complexity of these fraudulent schemes.
  This bill will give Federal prosecutors the tools they need to target 
criminals who actively work to avoid current mail and wire fraud 
statutes. It will specifically outlaw attempts to defraud veterans of 
their benefits.
  It is past time that we take action to crack down on pension poachers 
and other fraudsters who prey on our veterans.
  I want to thank the Palm Beach County Veterans Services office 
including, Greg Dover, Jose Capellan, Rohn Hultgren, Andrew Reese, and 
Yolanda Asante. They are working hard to help veterans receive their 
benefits, and they first raised the troubling rise of pension poaching 
with me years ago.
  I thank Congressman Fitzpatrick for his leadership on this important 
bipartisan effort. Again, I want to thank Mr. Nadler and the gentleman 
from North Carolina, and I am thankful to every Member of this body who 
voted to pass this legislation last Congress 417-0.
  I would, again, ask my colleagues to support and honor our veterans 
by passing the Preventing Crimes Against Veterans Act. Our veterans 
have done so much to protect this Nation. It is now our turn, and this 
bill is an opportunity for us to help protect them.
  Mr. BISHOP of North Carolina. Mr. Speaker, I reserve the balance of 
my time.
  Mr. NADLER. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I am proud to lend my voice in support 
of H.R. 983, the Preventing Crimes Against Veterans Act, and I 
congratulate the gentleman from Florida (Mr. Deutch) for his work, 
again, on an enormously commonsense bill.
  This is a commonsense and needed bipartisan fix to close a loophole 
in Federal law that allows con artists who make in-person pitches to 
defraud veterans of their well-earned benefits.
  The State of Texas is home to 1.5 million veterans, and the State of 
Texas operates a large network of nursing homes for veterans.
  All of us have heard stories in our offices, through our veterans' 
caseworker, of the horrible, horrible attacks on veterans because of 
the benefits they receive. Yes, financial attacks. And they are 
attacks. Unlike the battlefield, where they can defend themselves, 
these attacks, they cannot.
  Veterans at these homes and veterans seeking treatment at medical 
treatment facilities may be susceptible to the in-person grifters 
falsely claiming that they can facilitate the provisions of additional 
veterans' benefits.
  This bill would help hold scammers accountable and allow the 
Department of Justice to protect the integrity of veterans' benefits 
programs. Protecting veterans and their survivors from these types of 
in-person scams is particularly important, since so many depend on 
service-connected disability payments.
  As chair of the Crime, Terrorism, and Homeland Security Subcommittee, 
I am focused on addressing fraud and other veterans' issues.
  To that end, I ask my colleagues today to join me as I also work on 
legislation to buttress veterans' courts and to make them a more 
equitable and successful rehabilitation model.
  I thank my colleague from the Judiciary Committee, Ted Deutch, for 
championing this bill and persisting in his effort.
  Mr. Speaker, I ask my colleagues to support this bill.
  Mr. Speaker, I am proud to lend my voice in support of H.R. 983, the 
``Preventing Crimes Against Veterans Act.''
  This bill is a commonsense and needed bipartisan fix to close a 
loophole in federal law that allows con artists who make in-person 
pitches to defraud veterans of their well-earned benefits.
  My state of Texas is home to nearly 1.5 million veterans, and the 
state of Texas operates a large network of nursing homes for veterans.
  Veterans at these homes and veterans seeking treatment at medical 
treatment facilities may be susceptible to the in-person grifters 
falsely claiming that they can facilitate the provision of additional 
veterans benefits.
  This bill would help hold scammers accountable and allow the 
Department of Justice to protect the integrity of veterans' benefits 
programs. Protecting veterans and their survivors from these types of 
in-person scams is particularly important since so many depend on 
service-connected disability payments.
  As Chair of the Crime, Terrorism, and Homeland Security Subcommittee, 
I am focused on addressing fraud and other veterans' issues.
  To that end, I ask my colleagues here today to join me as I also work 
on legislation to buttress veterans' courts and to make them more 
equitable and successful rehabilitation models.
  I thank my colleague on the Judiciary Committee, Representative Ted 
Deutch, for championing this bill and persisting in this effort.
  Mr. BISHOP of North Carolina. Mr. Speaker, I urge my colleagues to 
support this bill, and I yield back the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself the balance of my time for 
closing.
  Mr. Speaker, Congress owes a continuing debt to veterans. This bill 
would help protect the more than 1 million veterans diagnosed with 
service-connected disabilities who receive related benefits, as well as 
the thousands who are undiagnosed and may apply for such benefits in 
the future.
  Helping to ensure that their benefits are protected against fraud, as 
H.R. 983 would do, is one way of expressing our appreciation for 
veterans' service.
  For these reasons, I urge my colleagues to join me in supporting this 
bill, and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I am proud to lend my voice in support 
of H.R. 983, the ``Preventing Crimes Against Veterans Act.''
  This bill is a commonsense and needed bipartisan fix to close a 
loophole in federal law that allows con artists who make in-person

[[Page H2954]]

pitches to defraud veterans of their well-earned benefits.
  My state of Texas is home to nearly 1.5 million veterans, and the 
state of Texas operates a large network of nursing homes for veterans.
  Veterans at these homes and veterans seeking treatment at medical 
treatment facilities may be susceptible to the in-person grifters 
falsely claiming that they can facilitate the provision of additional 
veterans benefits.
  This bill would help hold scammers accountable and allow the 
Department of Justice to protect the integrity of veterans' benefits 
programs. Protecting veterans and their survivors from these types of 
in-person scams is particularly important since so many depend on 
service-connected disability payments.
  As Chair of the Crime, Terrorism, and Homeland Security Subcommittee, 
I am focused on addressing fraud and other veterans' issues.
  To that end, I ask my colleagues here today to join me as I also work 
on legislation to buttress veterans' courts and to make them more 
equitable and successful rehabilitation models.
  I thank my colleague on the Judiciary Committee, Representative Ted 
Deutch, for championing this bill and persisting in this effort.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Judiciary 
Committee and the Chair of its Subcommittee on Crime, Terrorism, and 
Homeland Security, I rise in strong support of H.R. 983, the 
``Preventing Crimes Against Veterans Act,'' commonsense and necessary 
bipartisan legislation that establishes a new criminal offense for 
knowingly engaging in or attempting to engage in a scheme to defraud 
veterans of their hard-earned benefits.
  My state of Texas is home to nearly 1.5 million veterans, and the 
state operates a large network of nursing homes for veterans called 
Texas State Veterans Homes.
  Houston houses over 282,000 of these veterans, many of whom live in 
these state-owned nursing homes.
  Veterans at these Texas nursing homes or those seeking treatment at 
medical facilities are susceptible to in-person scammers falsely 
claiming that they can facilitate the provision of additional veterans 
benefits when they are actually swindling veterans out of their 
benefits.
  H.R. 983 will help hold these con artists accountable and provide an 
additional tool to the Department of Justice to protect the integrity 
of veterans' benefits programs and prevent fraud.
  Protecting veterans and their survivors from these types of in-person 
scams is imperative since so many depend on service-connected 
disability payments, including those in my district in Houston.
  I ask my colleagues here today to join me as I also work on 
legislation to strengthen veterans' courts and to make them more 
equitable and successful rehabilitation models.
  I thank my colleague from the Judiciary Committee, Congressman Deutch 
of Florida, for championing this bill and persisting in his effort to 
protect our veterans with this legislation.
  I urge all Members to join me in voting to pass H.R. 983, the 
Preventing Crimes Against Veterans Act of 2021.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Nadler) that the House suspend the rules 
and pass the bill, H.R. 983, 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.
  Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________