H. R. 3590—661 
requires State legislation (other than legislation appropriating 
funds) in order for the plan to meet the additional requirement 
imposed by the amendments made by this subtitle, the State plan 
or child health plan shall not be regarded as failing to comply 
with the requirements of such title solely on the basis of its failure 
to meet this additional requirement before the first day of the 
first calendar quarter beginning after the close of the first regular 
session of the State legislature that begins after the date of the 
enactment of this Act. For purposes of the previous sentence, in 
the case of a State that has a 2-year legislative session, each 
year of such session shall be deemed to be a separate regular 
session of the State legislature. 
Subtitle G—Additional Program Integrity 
Provisions 
SEC. 6601. PROHIBITION ON FALSE STATEMENTS AND REPRESENTA-
TIONS. 
(a) PROHIBITION.—Part 5 of subtitle B of title I of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 519. PROHIBITION ON FALSE STATEMENTS AND REPRESENTA-
TIONS. 
‘‘No person, in connection with a plan or other arrangement 
that is multiple employer welfare arrangement described in section 
3(40), shall make a false statement or false representation of fact, 
knowing it to be false, in connection with the marketing or sale 
of such plan or arrangement, to any employee, any member of 
an employee organization, any beneficiary, any employer, any 
employee organization, the Secretary, or any State, or the represent-
ative or agent of any such person, State, or the Secretary, con-
cerning— 
‘‘(1) the financial condition or solvency of such plan or 
arrangement; 
‘‘(2) the benefits provided by such plan or arrangement; 
‘‘(3) the regulatory status of such plan or other arrangement 
under any Federal or State law governing collective bargaining, 
labor management relations, or intern union affairs; or 
‘‘(4) the regulatory status of such plan or other arrangement 
regarding exemption from state regulatory authority under this 
Act. 
This section shall not apply to any plan or arrangement that does 
not fall within the meaning of the term ‘multiple employer welfare 
arrangement’ under section 3(40)(A).’’. 
(b) CRIMINAL PENALTIES.—Section 501 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1131) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Any person’’; and 
(2) by adding at the end the following: 
‘‘(b) Any person that violates section 519 shall upon conviction 
be imprisoned not more than 10 years or fined under title 18, 
United States Code, or both.’’. 
(c) CONFORMING AMENDMENT.—The table of sections for part 
5 of subtitle B of title I of the Employee Retirement Income Security 
Act of 1974 is amended by adding at the end the following: 
‘‘Sec. 519. Prohibition on false statement and representations.’’.
H. R. 3590—662 
SEC. 6602. CLARIFYING DEFINITION. 
Section 24(a)(2) of title 18, United States Code, is amended 
by inserting ‘‘or section 411, 518, or 511 of the Employee Retirement 
Income Security Act of 1974,’’ after ‘‘1954 of this title’’. 
SEC. 6603. DEVELOPMENT OF MODEL UNIFORM REPORT FORM. 
Part C of title XXVII of the Public Health Service Act (42 
U.S.C. 300gg–91 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 2794. UNIFORM FRAUD AND ABUSE REFERRAL FORMAT. 
‘‘The Secretary shall request the National Association of Insur-
ance Commissioners to develop a model uniform report form for 
private health insurance issuer seeking to refer suspected fraud 
and abuse to State insurance departments or other responsible 
State agencies for investigation. The Secretary shall request that 
the National Association of Insurance Commissioners develop rec-
ommendations for uniform reporting standards for such referrals.’’. 
SEC. 6604. APPLICABILITY OF STATE LAW TO COMBAT FRAUD AND 
ABUSE. 
(a) IN GENERAL.—Part 5 of subtitle B of title I of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.), 
as amended by section 6601, is further amended by adding at 
the end the following: 
‘‘SEC. 520. APPLICABILITY OF STATE LAW TO COMBAT FRAUD AND 
ABUSE. 
‘‘The Secretary may, for the purpose of identifying, preventing, 
or prosecuting fraud and abuse, adopt regulatory standards estab-
lishing, or issue an order relating to a specific person establishing, 
that a person engaged in the business of providing insurance 
through a multiple employer welfare arrangement described in 
section 3(40) is subject to the laws of the States in which such 
person operates which regulate insurance in such State, notwith-
standing section 514(b)(6) of this Act or the Liability Risk Retention 
Act of 1986, and regardless of whether the law of the State is 
otherwise preempted under any of such provisions. This section 
shall not apply to any plan or arrangement that does not fall 
within the meaning of the term ‘multiple employer welfare arrange-
ment’ under section 3(40)(A).’’. 
(b) CONFORMING AMENDMENT.—The table of sections for part 
5 of subtitle B of title I of the Employee Retirement Income Security 
Act of 1974, as amended by section 6601, is further amended 
by adding at the end the following: 
‘‘Sec. 520. Applicability of State law to combat fraud and abuse.’’. 
SEC. 6605. ENABLING THE DEPARTMENT OF LABOR TO ISSUE ADMINIS-
TRATIVE SUMMARY CEASE AND DESIST ORDERS AND 
SUMMARY SEIZURES ORDERS AGAINST PLANS THAT ARE 
IN FINANCIALLY HAZARDOUS CONDITION. 
(a) IN GENERAL.—Part 5 of subtitle B of title I of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.), 
as amended by section 6604, is further amended by adding at 
the end the following:
H. R. 3590—663 
‘‘SEC. 521. ADMINISTRATIVE SUMMARY CEASE AND DESIST ORDERS 
AND SUMMARY SEIZURE ORDERS AGAINST MULTIPLE 
EMPLOYER WELFARE ARRANGEMENTS IN FINANCIALLY 
HAZARDOUS CONDITION. 
‘‘(a) IN GENERAL.—The Secretary may issue a cease and desist 
(ex parte) order under this title if it appears to the Secretary 
that the alleged conduct of a multiple employer welfare arrangement 
described in section 3(40), other than a plan or arrangement 
described in subsection (g), is fraudulent, or creates an immediate 
danger to the public safety or welfare, or is causing or can be 
reasonably expected to cause significant, imminent, and irreparable 
public injury. 
‘‘(b) HEARING.—A person that is adversely affected by the 
issuance of a cease and desist order under subsection (a) may 
request a hearing by the Secretary regarding such order. The Sec-
retary may require that a proceeding under this section, including 
all related information and evidence, be conducted in a confidential 
manner. 
‘‘(c) BURDEN OF PROOF.—The burden of proof in any hearing 
conducted under subsection (b) shall be on the party requesting 
the hearing to show cause why the cease and desist order should 
be set aside. 
‘‘(d) DETERMINATION.—Based upon the evidence presented at 
a hearing under subsection (b), the cease and desist order involved 
may be affirmed, modified, or set aside by the Secretary in whole 
or in part. 
‘‘(e) SEIZURE.—The Secretary may issue a summary seizure 
order under this title if it appears that a multiple employer welfare 
arrangement is in a financially hazardous condition. 
‘‘(f) REGULATIONS.—The Secretary may promulgate such regula-
tions or other guidance as may be necessary or appropriate to 
carry out this section. 
‘‘(g) EXCEPTION.—This section shall not apply to any plan or 
arrangement that does not fall within the meaning of the term 
‘multiple employer welfare arrangement’ under section 3(40)(A).’’. 
(b) CONFORMING AMENDMENT.—The table of sections for part 
5 of subtitle B of title I of the Employee Retirement Income Security 
Act of 1974, as amended by section 6604, is further amended 
by adding at the end the following: 
‘‘Sec. 521. Administrative summary cease and desist orders and summary seizure 
orders against health plans in financially hazardous condition.’’. 
SEC. 6606. MEWA PLAN REGISTRATION WITH DEPARTMENT OF LABOR. 
Section 101(g) of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1021(g)) is amended— 
(1) by striking ‘‘Secretary may’’ and inserting ‘‘Secretary 
shall’’; and 
(2) by inserting ‘‘to register with the Secretary prior to 
operating in a State and may, by regulation, require such 
multiple employer welfare arrangements’’ after ‘‘not group 
health plans’’. 
SEC. 6607. PERMITTING EVIDENTIARY PRIVILEGE AND CONFIDENTIAL 
COMMUNICATIONS. 
Section 504 of the Employee Retirement Income Security Act 
of 1974 (29 U.S.C. 1134) is amended by adding at the end the 
following:
H. R. 3590—664 
‘‘(d) The Secretary may promulgate a regulation that provides 
an evidentiary privilege for, and provides for the confidentiality 
of communications between or among, any of the following entities 
or their agents, consultants, or employees: 
‘‘(1) A State insurance department. 
‘‘(2) A State attorney general. 
‘‘(3) The National Association of Insurance Commissioners. 
‘‘(4) The Department of Labor. 
‘‘(5) The Department of the Treasury. 
‘‘(6) The Department of Justice. 
‘‘(7) The Department of Health and Human Services. 
‘‘(8) Any other Federal or State authority that the Secretary 
determines is appropriate for the purposes of enforcing the 
provisions of this title. 
‘‘(e) The privilege established under subsection (d) shall apply 
to communications related to any investigation, audit, examination, 
or inquiry conducted or coordinated by any of the agencies. A 
communication that is privileged under subsection (d) shall not 
waive any privilege otherwise available to the communicating 
agency or to any person who provided the information that is 
communicated.’’. 
Subtitle H—Elder Justice Act 
SEC. 6701. SHORT TITLE OF SUBTITLE. 
This subtitle may be cited as the ‘‘Elder Justice Act of 2009’’. 
SEC. 6702. DEFINITIONS. 
Except as otherwise specifically provided, any term that is 
defined in section 2011 of the Social Security Act (as added by 
section 6703(a)) and is used in this subtitle has the meaning given 
such term by such section. 
SEC. 6703. ELDER JUSTICE. 
(a) ELDER JUSTICE.— 
(1) IN GENERAL.—Title XX of the Social Security Act (42 
U.S.C. 1397 et seq.) is amended— 
(A) in the heading, by inserting ‘‘AND ELDER JUS-
TICE’’ after ‘‘SOCIAL SERVICES’’; 
(B) by inserting before section 2001 the following: 
‘‘Subtitle A—Block Grants to States for 
Social Services’’; 
and 
(C) by adding at the end the following: 
‘‘Subtitle B—Elder Justice 
‘‘SEC. 2011. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) ABUSE.—The term ‘abuse’ means the knowing infliction 
of physical or psychological harm or the knowing deprivation 
of goods or services that are necessary to meet essential needs 
or to avoid physical or psychological harm.
H. R. 3590—665 
‘‘(2) ADULT PROTECTIVE SERVICES.—The term ‘adult protec-
tive services’ means such services provided to adults as the 
Secretary may specify and includes services such as— 
‘‘(A) receiving reports of adult abuse, neglect, or exploi-
tation; 
‘‘(B) investigating the reports described in subpara-
graph (A); 
‘‘(C) case planning, monitoring, evaluation, and other 
case work and services; and 
‘‘(D) providing, arranging for, or facilitating the provi-
sion of medical, social service, economic, legal, housing, 
law enforcement, or other protective, emergency, or support 
services. 
‘‘(3) CAREGIVER.—The term ‘caregiver’ means an individual 
who has the responsibility for the care of an elder, either 
voluntarily, by contract, by receipt of payment for care, or 
as a result of the operation of law, and means a family member 
or other individual who provides (on behalf of such individual 
or of a public or private agency, organization, or institution) 
compensated or uncompensated care to an elder who needs 
supportive services in any setting. 
‘‘(4) DIRECT CARE.—The term ‘direct care’ means care by 
an employee or contractor who provides assistance or long- 
term care services to a recipient. 
‘‘(5) ELDER.—The term ‘elder’ means an individual age 
60 or older. 
‘‘(6) ELDER JUSTICE.—The term ‘elder justice’ means— 
‘‘(A) from a societal perspective, efforts to— 
‘‘(i) prevent, detect, treat, intervene in, and pros-
ecute elder abuse, neglect, and exploitation; and 
‘‘(ii) protect elders with diminished capacity while 
maximizing their autonomy; and 
‘‘(B) from an individual perspective, the recognition 
of an elder’s rights, including the right to be free of abuse, 
neglect, and exploitation. 
‘‘(7) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 
State or local government agency, Indian tribe or tribal 
organization, or any other public or private entity that is 
engaged in and has expertise in issues relating to elder justice 
or in a field necessary to promote elder justice efforts. 
‘‘(8) EXPLOITATION.—The term ‘exploitation’ means the 
fraudulent or otherwise illegal, unauthorized, or improper act 
or process of an individual, including a caregiver or fiduciary, 
that uses the resources of an elder for monetary or personal 
benefit, profit, or gain, or that results in depriving an elder 
of rightful access to, or use of, benefits, resources, belongings, 
or assets. 
‘‘(9) FIDUCIARY.—The term ‘fiduciary’— 
‘‘(A) means a person or entity with the legal responsi-
bility— 
‘‘(i) to make decisions on behalf of and for the 
benefit of another person; and 
‘‘(ii) to act in good faith and with fairness; and 
‘‘(B) includes a trustee, a guardian, a conservator, an 
executor, an agent under a financial power of attorney 
or health care power of attorney, or a representative payee.
H. R. 3590—666 
‘‘(10) GRANT.—The term ‘grant’ includes a contract, coopera-
tive agreement, or other mechanism for providing financial 
assistance. 
‘‘(11) GUARDIANSHIP.—The term ‘guardianship’ means— 
‘‘(A) the process by which a State court determines 
that an adult individual lacks capacity to make decisions 
about self-care or property, and appoints another individual 
or entity known as a guardian, as a conservator, or by 
a similar term, as a surrogate decisionmaker; 
‘‘(B) the manner in which the court-appointed surrogate 
decisionmaker carries out duties to the individual and the 
court; or 
‘‘(C) the manner in which the court exercises oversight 
of the surrogate decisionmaker. 
‘‘(12) INDIAN TRIBE.— 
‘‘(A) IN
GENERAL.—The term ‘Indian tribe’ has the 
meaning given such term in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b). 
‘‘(B) INCLUSION OF PUEBLO AND RANCHERIA.—The term 
‘Indian tribe’ includes any Pueblo or Rancheria. 
‘‘(13) LAW
ENFORCEMENT.—The term ‘law enforcement’ 
means the full range of potential responders to elder abuse, 
neglect, and exploitation including— 
‘‘(A) police, sheriffs, detectives, public safety officers, 
and corrections personnel; 
‘‘(B) prosecutors; 
‘‘(C) medical examiners; 
‘‘(D) investigators; and 
‘‘(E) coroners. 
‘‘(14) LONG-TERM CARE.— 
‘‘(A) IN GENERAL.—The term ‘long-term care’ means 
supportive and health services specified by the Secretary 
for individuals who need assistance because the individuals 
have a loss of capacity for self-care due to illness, disability, 
or vulnerability. 
‘‘(B) LOSS OF CAPACITY FOR SELF-CARE.—For purposes 
of subparagraph (A), the term ‘loss of capacity for self- 
care’ means an inability to engage in 1 or more activities 
of daily living, including eating, dressing, bathing, manage-
ment of one’s financial affairs, and other activities the 
Secretary determines appropriate. 
‘‘(15) LONG-TERM CARE FACILITY.—The term ‘long-term care 
facility’ means a residential care provider that arranges for, 
or directly provides, long-term care. 
‘‘(16) NEGLECT.—The term ‘neglect’ means— 
‘‘(A) the failure of a caregiver or fiduciary to provide 
the goods or services that are necessary to maintain the 
health or safety of an elder; or 
‘‘(B) self-neglect. 
‘‘(17) NURSING FACILITY.— 
‘‘(A) IN GENERAL.—The term ‘nursing facility’ has the 
meaning given such term under section 1919(a). 
‘‘(B) INCLUSION
OF
SKILLED
NURSING
FACILITY.—The 
term ‘nursing facility’ includes a skilled nursing facility 
(as defined in section 1819(a)).
H. R. 3590—667 
‘‘(18) SELF-NEGLECT.—The term ‘self-neglect’ means an 
adult’s inability, due to physical or mental impairment or 
diminished capacity, to perform essential self-care tasks 
including— 
‘‘(A) obtaining essential food, clothing, shelter, and 
medical care; 
‘‘(B) obtaining goods and services necessary to maintain 
physical health, mental health, or general safety; or 
‘‘(C) managing one’s own financial affairs. 
‘‘(19) SERIOUS BODILY INJURY.— 
‘‘(A) IN
GENERAL.—The term ‘serious bodily injury’ 
means an injury— 
‘‘(i) involving extreme physical pain; 
‘‘(ii) involving substantial risk of death; 
‘‘(iii) involving protracted loss or impairment of 
the function of a bodily member, organ, or mental 
faculty; or 
‘‘(iv) requiring medical intervention such as sur-
gery, hospitalization, or physical rehabilitation. 
‘‘(B) CRIMINAL SEXUAL ABUSE.—Serious bodily injury 
shall be considered to have occurred if the conduct causing 
the injury is conduct described in section 2241 (relating 
to aggravated sexual abuse) or 2242 (relating to sexual 
abuse) of title 18, United States Code, or any similar offense 
under State law. 
‘‘(20) SOCIAL.—The term ‘social’, when used with respect 
to a service, includes adult protective services. 
‘‘(21) STATE
LEGAL
ASSISTANCE
DEVELOPER.—The term 
‘State legal assistance developer’ means an individual described 
in section 731 of the Older Americans Act of 1965. 
‘‘(22) STATE
LONG-TERM
CARE
OMBUDSMAN.—The term 
‘State Long-Term Care Ombudsman’ means the State Long- 
Term Care Ombudsman described in section 712(a)(2) of the 
Older Americans Act of 1965. 
‘‘SEC. 2012. GENERAL PROVISIONS. 
‘‘(a) PROTECTION OF PRIVACY.—In pursuing activities under this 
subtitle, the Secretary shall ensure the protection of individual 
health privacy consistent with the regulations promulgated under 
section 264(c) of the Health Insurance Portability and Accountability 
Act of 1996 and applicable State and local privacy regulations. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this subtitle shall 
be construed to interfere with or abridge an elder’s right to practice 
his or her religion through reliance on prayer alone for healing 
when this choice— 
‘‘(1) is contemporaneously expressed, either orally or in 
writing, with respect to a specific illness or injury which the 
elder has at the time of the decision by an elder who is com-
petent at the time of the decision; 
‘‘(2) is previously set forth in a living will, health care 
proxy, or other advance directive document that is validly 
executed and applied under State law; or 
‘‘(3) may be unambiguously deduced from the elder’s life 
history.
H. R. 3590—668 
‘‘PART I—NATIONAL COORDINATION OF 
ELDER JUSTICE ACTIVITIES AND RESEARCH 
‘‘Subpart A—Elder Justice Coordinating Council 
and Advisory Board on Elder Abuse, Neglect, 
and Exploitation 
‘‘SEC. 2021. ELDER JUSTICE COORDINATING COUNCIL. 
‘‘(a) ESTABLISHMENT.—There is established within the Office 
of the Secretary an Elder Justice Coordinating Council (in this 
section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Council shall be composed of the 
following members: 
‘‘(A) The Secretary (or the Secretary’s designee). 
‘‘(B) The Attorney General (or the Attorney General’s 
designee). 
‘‘(C) The head of each Federal department or agency 
or other governmental entity identified by the Chair 
referred to in subsection (d) as having responsibilities, or 
administering programs, relating to elder abuse, neglect, 
and exploitation. 
‘‘(2) REQUIREMENT.—Each member of the Council shall be 
an officer or employee of the Federal Government. 
‘‘(c) VACANCIES.—Any vacancy in the Council shall not affect 
its powers, but shall be filled in the same manner as the original 
appointment was made. 
‘‘(d) CHAIR.—The member described in subsection (b)(1)(A) shall 
be Chair of the Council. 
‘‘(e) MEETINGS.—The Council shall meet at least 2 times per 
year, as determined by the Chair. 
‘‘(f) DUTIES.— 
‘‘(1) IN GENERAL.—The Council shall make recommenda-
tions to the Secretary for the coordination of activities of the 
Department of Health and Human Services, the Department 
of Justice, and other relevant Federal, State, local, and private 
agencies and entities, relating to elder abuse, neglect, and 
exploitation and other crimes against elders. 
‘‘(2) REPORT.—Not later than the date that is 2 years after 
the date of enactment of the Elder Justice Act of 2009 and 
every 2 years thereafter, the Council shall submit to the Com-
mittee on Finance of the Senate and the Committee on Ways 
and Means and the Committee on Energy and Commerce of 
the House of Representatives a report that— 
‘‘(A) describes the activities and accomplishments of, 
and challenges faced by— 
‘‘(i) the Council; and 
‘‘(ii) the entities represented on the Council; and 
‘‘(B) makes such recommendations for legislation, 
model laws, or other action as the Council determines 
to be appropriate. 
‘‘(g) POWERS OF THE COUNCIL.— 
‘‘(1) INFORMATION FROM FEDERAL AGENCIES.—Subject to the 
requirements of section 2012(a), the Council may secure directly 
from any Federal department or agency such information as 
the Council considers necessary to carry out this section. Upon
H. R. 3590—669 
request of the Chair of the Council, the head of such department 
or agency shall furnish such information to the Council. 
‘‘(2) POSTAL SERVICES.—The Council may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Government. 
‘‘(h) TRAVEL EXPENSES.—The members of the Council shall 
not receive compensation for the performance of services for the 
Council. The members shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized for employees 
of agencies under subchapter I of chapter 57 of title 5, United 
States Code, while away from their homes or regular places of 
business in the performance of services for the Council. Notwith-
standing section 1342 of title 31, United States Code, the Secretary 
may accept the voluntary and uncompensated services of the mem-
bers of the Council. 
‘‘(i) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Govern-
ment employee may be detailed to the Council without reimburse-
ment, and such detail shall be without interruption or loss of 
civil service status or privilege. 
‘‘(j) STATUS AS PERMANENT COUNCIL.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Council. 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
‘‘SEC. 2022. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND 
EXPLOITATION. 
‘‘(a) ESTABLISHMENT.—There is established a board to be known 
as the ‘Advisory Board on Elder Abuse, Neglect, and Exploitation’ 
(in this section referred to as the ‘Advisory Board’) to create short- 
and long-term multidisciplinary strategic plans for the development 
of the field of elder justice and to make recommendations to the 
Elder Justice Coordinating Council established under section 2021. 
‘‘(b) COMPOSITION.—The Advisory Board shall be composed of 
27 members appointed by the Secretary from among members of 
the general public who are individuals with experience and expertise 
in elder abuse, neglect, and exploitation prevention, detection, treat-
ment, intervention, or prosecution. 
‘‘(c) SOLICITATION OF NOMINATIONS.—The Secretary shall pub-
lish a notice in the Federal Register soliciting nominations for 
the appointment of members of the Advisory Board under subsection 
(b). 
‘‘(d) TERMS.— 
‘‘(1) IN
GENERAL.—Each member of the Advisory Board 
shall be appointed for a term of 3 years, except that, of the 
members first appointed— 
‘‘(A) 9 shall be appointed for a term of 3 years; 
‘‘(B) 9 shall be appointed for a term of 2 years; and 
‘‘(C) 9 shall be appointed for a term of 1 year. 
‘‘(2) VACANCIES.— 
‘‘(A) IN GENERAL.—Any vacancy on the Advisory Board 
shall not affect its powers, but shall be filled in the same 
manner as the original appointment was made. 
‘‘(B) FILLING UNEXPIRED TERM.—An individual chosen 
to fill a vacancy shall be appointed for the unexpired term 
of the member replaced.