Jerrold Nadler

Mr. NADLER

Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished gentleman from Maryland (Mr. Hoyer).

Mr. NADLER. Mr. Speaker, I yield 2 minutes to the gentleman from Oregon (Mr. Blumenauer).

Mr. NADLER. Mr. Speaker, I yield 2 minutes to the gentleman from Massachusetts (Mr. Moulton).

Mr. NADLER. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I am heartened to see Members on both sides of the aisle speak in support of this important bill. It is vital that we pass this legislation and it is vital that we do so quickly. As we speak, nearly 20,000 of our Afghan allies are facing increasing threats from the Taliban and insurgent groups. The administration will begin evacuating some individuals at the end of this month. As Members of Congress, we must also do our part to honor the sacrifices made by these brave men and women and pass the Allies Act. It is much too bad that we cannot do more, but this is the least that we can do. I urge my colleagues to vote in support of this bill, and I yield back the balance of my time.

Mr. NADLER. Mr. Speaker, on that I demand the yeas and nays.

Mr. NADLER

Mr. NADLER. Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise in strong support of the Consumer Protection and Recovery Act. This legislation is essential to promoting the Federal Trade Commission's mission to enforce antitrust law and to protect consumers. For decades, the commission has secured monetary relief for victims of unfair, deceptive, and anticompetitive conduct, such as pharmaceutical companies blocking access to lower-cost drugs. In a recent example, the FTC returned nearly $60 million to patients suffering from opioid addiction. But a few months ago, the Supreme Court severely weakened one of the FTC's most vital tools for protecting consumers and deterring bad conduct by ruling that the FTC could not seek monetary relief under one of the key statutes that it enforces. This legislation would reverse the Court's decision and would restore one of the Commission's critical tools for fighting monopolists and protecting consumers. Mr. Speaker, I commend the bill's sponsor, Mr. Cardenas, and I thank Chairman Pallone and Chairwoman Schakowsky for their leadership to address this urgent problem, and I urge my colleagues to support this important legislation.

Mr. NADLER

Mr. NADLER. Madam Speaker, I would like to take this opportunity to recognize the exceptional service of William E. Havemann, who served in the House's Office of General Counsel as an Associate General Counsel. During his tenure, Mr. Havemann played an integral role in advancing and protecting the legal interests of the House of Representatives and its Members, Officers, and employees in connection with Federal court litigation involving issues of the highest institutional importance. Mr. Havemann provided invaluable legal counsel and representation to numerous Committees of the House, greatly assisting them both in fulfilling their constitutionally authorized oversight functions and defending those prerogatives in litigation. In particular, Mr. Havemann was primarily responsible for developing the House's legal position in support of challenges to the Trump administration's attempt to change the criteria for determining whether immigrants to the United States are likely to become a ``public charge.'' The amicus briefs filed by the House and oral arguments presented by Mr. Havemann directly contributed to the Trump administration's position being invalidated by multiple federal courts. Additionally, Mr. Havemann provided essential legal counsel to the House regarding both Presidential impeachments, as well as with respect to the defense of long-standing institutional powers, including House Committees' authority to enforce its subpoenas and the House's constitutional authority to adopt rules permitting its Members to participate in the legislative process remotely by proxy during an unprecedented global pandemic. Mr. Havemann's work on behalf of the House has been of the highest caliber and I have no doubt that clients of the Hogan Lovells' law firm will benefit from his excellent legal counsel. On behalf of the entire House community, I thank Mr. Havemann for his dedicated service to the House, and I wish for him the very best in all of his future endeavors.

Mr. NADLER

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.

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.

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.

Mr. NADLER. Mr. Speaker, I yield 3 minutes to the gentleman from Florida (Mr. Deutch).

Mr. NADLER. Mr. Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee).

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.

Mr. NADLER

Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 2922.

Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 2922, the bipartisan Elder Abuse Protection Act of 2021. This bill would make permanent the Department of Justice's Elder Justice Initiative and would assign the initiative a number of critical responsibilities that would protect vulnerable seniors from fraud and abuse. The bill includes critical elder abuse preventive measures, including an obligation to post elder abuse prevention resources online, to coordinate with the Office of Tribal Justice to address elder fraud on reservations, and to publish Spanish-language elder fraud and abuse materials. Additionally, the bill would authorize the Department's operation of the National Elder Fraud Hotline. These changes are a testament to the importance this Congress places on elder justice and its continued commitment to address emerging elder fraud issues. Sadly, tens of thousands of elderly Americans are abused and exploited every day. By one estimate, American seniors lose at least $2.9 billion each year due to financial abuse and exploitation. The U.S. Consumer Financial Protection Bureau similarly estimates that elder Americans suffer an average annual loss of $34,200 due to fraud. Tragically, instances of elder fraud and abuse have only gone up. From 2013 to 2017, financial scams and other crimes targeting older Americans quadrupled. Elderly individuals are vulnerable to abuse on account of a myriad of factors, with social isolation and mental impairment, such as dementia or Alzheimer's disease, playing outsized roles. By making permanent and expanding the Elder Justice Initiative's mandate, the Department of Justice can more effectively protect our Nation's seniors and prosecute instances of elder abuse. At a time when seniors are perhaps at their most vulnerable, it only makes sense that the government redouble its efforts to protect America's seniors. It is particularly important that marginalized elder communities get the educational and preventive resources they need. The Elder Abuse Protection Act does exactly that by requiring that the Elder Justice Initiative coordinate with the Office of Tribal Justice on how to address elder abuse on reservations. This provision would mean fewer elder indigenous Americans will fall victim to exploitation. The bill also makes permanent the elder abuse fraud hotline. With the hotline, concerned Americans can report instances of elder abuse directly to the Department of Justice, and victims can obtain support and resources that they need. The Elder Abuse Protection Act also requires that the Elder Justice Initiative share their materials online and in Spanish. More Americans will have access to the DOJ's resources. Greater access to those materials is critical so that older Latinos, who comprise almost 4 million individuals, can also access these crucial resources. In short, Mr. Speaker, H.R. 2922 redoubles the government's commitment to preventing elder fraud and abuse, and to ensuring that seniors have access to the resources they need. I thank Representatives Garcia and Spartz, the sponsors of this bipartisan legislation, for their vision and their leadership on this important issue. I strongly support this legislation, and I urge my colleagues to support it as well. Mr. Speaker, I reserve the balance of my time.

Mr. NADLER

Mr. NADLER. Mr. Speaker, I yield 3 minutes to the distinguished gentlewoman from Texas (Ms. Jackson Lee).

Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the gentlewoman from Texas.

Mr. NADLER

Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3241) to make improvements in the enactment of title 54, United States Code, into a positive law title and to improve the Code, as amended.

Mr. NADLER. Mr. Speaker, I have no further speakers, and I reserve the balance of my time.

Mr. NADLER. Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.

Mr. NADLER

Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 704) to amend section 708 of title 17, United States Code, to permit the Register of Copyrights to waive fees for filing an application for registration of a copyright claim in certain circumstances, and for other purposes.

Mr. NADLER

Mr. NADLER. Mr. Speaker, the AMIGOS Act is bipartisan legislation that would improve our economy and strengthen our ties with an important and longstanding ally. Mr. Speaker, I urge all Members to support the bill, and I yield back the balance of my time.

Mr. NADLER

Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2694) to amend title 18, United States Code, to provide for transportation and subsistence for criminal justice defendants, and for other purposes.

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. 2694.

Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 2694, the Criminal Judicial Administration Act of 2021, is bipartisan legislation that makes two modest but important amendments to current law, promoting efficient, effective, and fair administration of justice. The first part of this bill concerns out-of-custody criminal defendants, particularly those who are released pending trial to live in communities that are located far from the courthouses where their cases are being heard. Most Federal criminal defendants are detained pending trial. The U.S. Marshals Service is responsible for housing and transporting them to court hearings, including trial. Under current law, the court may order the marshals to provide funds for a criminal defendant who is released pending trial but cannot afford the cost of travel to the location of the courthouse for required court proceedings. However, defendants must fund their own way back home, and defendants in this position are not able to receive financial support from the marshals for subsistence, such as lodging and meals. For an indigent defendant, these costs are sometimes insurmountable. For years, Federal courts have struggled with how to assist indigent defendants when they find themselves in these difficult situations. Unfortunately, the courts' efforts have come up against the text of the statute. This bill would authorize courts, in the interest of justice, to order the U.S. marshals to cover roundtrip travel and subsistence for defendants who must attend court hearings but who cannot afford to pay this on their own. The Judicial Conference of the United States has urged us to correct this grave unfairness, and I am pleased to see that we are finally doing so with this bill. The second part of this bill, concerning Federal magistrate judges, is also supported by the Judicial Conference. Magistrate judges have trial jurisdiction over certain misdemeanors, except for Class A misdemeanors, for which the maximum sentence is up to 1 year in custody. With a defendant's consent, however, a magistrate judge may exercise trial jurisdiction over a case involving a Class A misdemeanor. Magistrate judges frequently do so and often hear Class A misdemeanor cases all the way through judgment and sentencing. Under current law, a magistrate judge's jurisdiction ends after judgment is entered in a misdemeanor case, and post-judgment jurisdiction reverts to the district court. Indeed, magistrate judges are not authorized to hear post-judgment motions, such as motions to vacate a sentence, even though they are the ones who handled the entire matter at the trial level and are best equipped to hear such post- judgment motions. Among other things, this bill would authorize a magistrate judge to hear post-judgment motions in misdemeanor cases in which he or she exercised trial jurisdiction. This amendment clearly improves judicial economy and makes perfect sense. This is a straightforward and bipartisan measure that will help our criminal justice system operate in a more effective and fair manner. I thank Mr. Jeffries and Mr. Roy for sponsoring this legislation, and I urge all Members to support it. Mr. Speaker, I reserve the balance of my time.