110 HR 1599 IH: Expanding, Rebuilding, and Improving

U.S. House of Representatives
2007-03-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1599
		IN THE HOUSE OF REPRESENTATIVES

			March 20, 2007
			Mr. Jefferson
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To ensure an adequate supply of public health
		  professionals, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Expanding, Rebuilding, and Improving
			 Access to Qualified Health Care Professionals in Hurricanes Katrina and Rita
			 Affected Areas Act.
		2.FindingsThe Congress finds as follows:
			(1)Studies state the New Orleans area is now
			 home to one million people, just under the pre-Katrina population of 1.3
			 million. But the health care resources necessary to adequately serve that level
			 of population have not returned: only half of the previous 4,000 hospital beds
			 are available; there is no level I trauma center; there are 34 nursing homes,
			 down from 63; and 19 clinics, down from 90.
			(2)According to
			 recent statements in the New England Journal of Medicine, the
			 health care situation in New Orleans area remains unacceptably primitive. The
			 absence of chronic care facilities contributes to the lengthening of stay in
			 acute care hospitals whose costs exceed Centers for Medicare & Medicaid
			 Services reimbursement, and these additional uncompensated expenses may soon
			 force recently reopened hospital beds to close again. Without rapid,
			 coordinated, and effective help from government agencies, it is feared that
			 disproportionate human suffering and death will continue to plague greater New
			 Orleans.
			(3)According to the
			 Bureau of Health Professions, National Center for Health Workforce Analysis,
			 the Louisiana health care system before Hurricane Katrina and Rita was
			 struggling with a shortage of primary care areas in 55 parishes and shortages
			 of physician assistants, nurse practitioners, nurse midwives, dentists,
			 psychologists, and social workers.
			(4)Health profession
			 students, starting a new academic year, were forced to evacuate the city. Many
			 trainees from Tulane University were relocated to Houston and Galveston in
			 Texas. Less than a month later, on 24 September, another hurricane, Rita, hit
			 land near the Louisiana-Texas border. Many of the 5,000 medical students and
			 doctors in training in Texas were evacuated again.
			(5)Prior to
			 Hurricanes Katrina and Rita, Louisiana had the highest cost of health care in
			 the Nation, but was rated the least healthiest State with the second highest
			 infant mortality rate, the highest rate of premature deaths, and the third
			 highest uninsured rate.
			(6)After Hurricanes
			 Katrina and Rita, Louisiana lost vast amounts of medical services (preventive,
			 primary care, acute, emergency, critical care, surgical, subspecialty,
			 maternity, gynecologic, family planning, sexually transmitted disease
			 treatment, psychiatric/mental health, rehabilitation, administrative,
			 diagnostic imaging, and laboratory).
			(7)After Hurricanes
			 Katrina and Rita, Louisiana lost over 7,500 health care professionals,
			 including doctors, nurses, allied health care professionals, dentists, medial
			 support providers, public health professionals, behavioral specialists, mental
			 health workers, and physical therapists.
			(8)New Orleans’ only
			 certified level I trauma unit is still closed as of October 2006, and the
			 number of staffed hospital beds in the City of New Orleans was about 60 percent
			 less than before Hurricane Katrina. Prior to Katrina, 90 clinics were in
			 operation, including 70 clinics run by the Medical Center of Louisiana at New
			 Orleans, with the remainder being federally qualified health centers, mental
			 health or addictive disorder clinics, or other specialty clinics.
			 Post-hurricane, 19 clinics were open and generally operating at less than 50
			 percent of pre-Katrina capacity.
			(9)More than
			 three-fourths of the safety net clinics in New Orleans remain closed, and many
			 of those that were open had limited capacity, according to data gathered by
			 officials.
			3.Hurricane katrina
			 and rita public health workforce scholarship and loan repayment
			 programPart E of title VII of
			 the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at
			 the end the following:

				3Public health
				workforce scholarship and loan repayment program
					775.Hurricanes
				Katrina and Rita public health workforce scholarship program
						(a)EstablishmentThe Secretary shall establish the
				Hurricanes Katrina and Rita Public Health Workforce Scholarship Program
				(referred to in this section as the ‘Program’) to ensure an adequate supply of
				public health professionals to eliminate critical public health preparedness
				workforce shortages in State and local public health agencies in areas directly
				affected by Hurricane Katrina or Rita.
						(b)EligibilityTo
				be eligible to participate in the Program, an individual shall—
							(1)be accepted for enrollment, or be enrolled,
				as a full-time student—
								(A)in an accredited
				(as determined by the Secretary) educational institution in a State directly
				affected by Hurricane Katrina or Rita; and
								(B)in a course of study or program, offered by
				such institution and approved by the Secretary, leading to a health professions
				degree (graduate, undergraduate, or associate) or certificate, which may
				include laboratory sciences, epidemiology, environmental health, health
				communications, health education and behavioral sciences, psychology, physical
				therapy, gerontology, sociology, health policy, social work, information
				sciences, or public administration;
								(2)be a citizen of the United States or an
				alien lawfully admitted for permanent residence in the United States;
							(3)submit an
				application to the Secretary to participate in the Program; and
							(4)sign and submit to
				the Secretary, at the time of the submission of such application, a written
				contract (described in subsection (d)) to serve, upon the completion of the
				course of study or program involved, for the applicable period of obligated
				service in the full-time employment of a Federal, State or local public health
				agency, organization, or association in an area directly affected by Hurricane
				Katrina or Rita.
							(c)Dissemination of
				information
							(1)Application and
				contract formsThe Secretary
				shall disseminate application forms and contract forms to individuals desiring
				to participate in the Program. The Secretary shall include with such
				forms—
								(A)a fair summary of the rights and
				liabilities of an individual whose application is approved (and whose contract
				is accepted) by the Secretary, including in the summary a clear explanation of
				the damages to which the United States is entitled to recover in the case of
				the individual’s breach of the contract; and
								(B)information relating to the service
				obligation and such other information as may be necessary for the individual to
				understand the individual’s prospective participation in the Program.
								(2)Information for
				schoolsThe Secretary shall
				distribute to health professions schools, Historically Black Colleges and
				Universities, Hispanic-serving institutions, Tribal Colleges and Universities,
				Asian-American- and Pacific Islander-serving institutions, secondary
				educational institutions, and other appropriate accredited academic
				institutions and relevant Federal, State, local, and tribal public health
				agencies, materials providing information on the Program and shall encourage
				such schools, institutions, and agencies to disseminate such materials to
				potentially eligible students.
							(3)Understandability,
				and timingThe application form, contract form, and all other
				information furnished by the Secretary under this section shall—
								(A)be written in a manner calculated to be
				understood by the average individual applying to participate in the Program;
				and
								(B)be made available
				by the Secretary on a date sufficiently early to ensure that such individuals
				have adequate time to carefully review and evaluate such forms and
				information.
								(4)Special
				considerationIndividuals who
				are eligible under subsection (b) shall be provided special consideration if
				the individuals are from medically underserved communities, as defined in
				section 799B of the Public Health Service Act (42 U.S.C. 295p).
							(d)ContractThe written contract (referred to in this
				section) between the Secretary and an individual shall contain—
							(1)an agreement on the part of the Secretary
				that the Secretary will provide the individual with a scholarship for a period
				of years (not to exceed 5 academic years) during which the individual shall
				pursue an approved course of study or program to prepare the individual to
				serve in the public health workforce;
							(2)an agreement on
				the part of the individual that the individual will—
								(A)maintain full-time enrollment in the
				approved course of study or program described in subsection (b)(1) until the
				individual completes that course of study or program;
								(B)while enrolled in
				the course of study or program, maintain an acceptable level of academic
				standing (as determined under regulations of the Secretary by the educational
				institution offering such course of study or program); and
								(C)immediately upon graduation, serve in the
				full-time employment of a Federal, State, or local public health agency,
				organization, or association in a position related to the course of study or
				program for which the contract was awarded for a period of time (referred to in
				this section as the ‘period of obligated service’) equal to the greater
				of—
									(i)1 year for each academic year for which the
				individual was provided a scholarship under the Program; or
									(ii)3
				years;
									(3)an agreement by both parties as to the
				nature and extent of the scholarship assistance, which may include—
								(A)payment of the tuition expenses of the
				individual;
								(B)payment of all other reasonable educational
				expenses of the individual including fees, books, equipment, and laboratory
				expenses; and
								(C)payment of a stipend of not more than
				$2,400 per month for each month of the academic year involved (indexed to
				account for increases in the Consumer Price Index); and
								(4)a provision that
				any financial obligation of the United States arising out of a contract entered
				into under this section and any obligation of the individual which is
				conditioned thereon, is contingent upon funds being appropriated for
				scholarships under this section;
							(5)a statement of the
				damages to which the United States is entitled for the individual’s breach of
				the contract; and
							(6)such other
				statements of the rights and liabilities of the Secretary and of the
				individual, not inconsistent with the provisions of this section.
							(e)Postponing
				obligated serviceWith
				respect to an individual receiving a degree or certificate from a school of
				medicine, public health, nursing, osteopathic medicine, dentistry, veterinary
				medicine, optometry, podiatry, pharmacy, psychology, or social work under a
				scholarship under the Program, the date of the initiation of the period of
				obligated service may be postponed, upon the submission by the individual of a
				petition for such postponement and approval by the Secretary, to the date on
				which the individual completes an approved internship, residency, or other
				relevant public health preparedness advanced training program.
						(f)Administrative
				provisions
							(1)Contracts with
				institutionsThe Secretary
				may contract with an educational institution in which a participant in the
				Program is enrolled, for the payment to the educational institution of the
				amounts of tuition and other reasonable educational expenses described in
				subsection (d)(3).
							(2)Employment
				ceilingsNotwithstanding any other provision of law, individuals
				who have entered into written contracts with the Secretary under this section,
				while undergoing academic training, shall not be counted against any employment
				ceiling affecting the Department or any other Federal agency.
							(g)Breach of
				contractAn individual who
				fails to comply with the contract entered into under subsection (d) shall be
				subject to the same financial penalties as provided for under section 338E for
				breaches of scholarship contracts under sections 338A.
						775–1.Hurricane
				katrina and rita public health workforce recovery loan repayment
				program
						(a)EstablishmentThe
				Secretary shall establish the Hurricanes Katrina and Rita Public Health
				Workforce Loan Repayment Program (referred to in this section as the
				Program) to ensure an adequate supply of public health
				professionals to eliminate critical public health preparedness workforce
				shortages in Federal, State, local, and public health agencies, organizations,
				and associations in areas directly affected by Hurricane Katrina or
				Rita.
						(b)EligibilityTo
				be eligible to participate in the Program, an individual shall—
							(1)(A)be accepted for enrollment, or be enrolled,
				as a full-time or part-time student in an accredited academic educational
				institution in a State or territory in the final year of a course of study or
				program offered by that institution leading to a health professions degree or
				certificate, which may include a degree (graduate, undergraduate, or associate)
				or certificate relating to laboratory sciences, epidemiology, environmental
				health, health communications, health education and behavioral sciences,
				information sciences, or public administration; or
								(B)have graduated, within 10 years, from an
				accredited educational institution in a State or territory and received a
				health professions degree (graduate, undergraduate, or associate) or
				certificate, which may include a degree (graduate, undergraduate, or associate)
				or certificate related to laboratory sciences, epidemiology, environmental
				health, health communications, health education and behavioral sciences,
				psychology, physical therapy, gerontology, sociology, health policy, social
				work, information sciences, or public administration;
								(2)(A)in the case of an
				individual described in paragraph (1)(A), have accepted employment with a
				Federal, State, local, or tribal public health agency, as recognized by the
				Secretary, to commence upon graduation; or
								(B)in the case of an individual described
				in paragraph (1)(B), be employed by, or have accepted employment with, a
				Federal, State, or local public health agency, organization, or association, as
				recognized by the Secretary;
								(3)be a citizen of the United States or an
				alien lawfully admitted for permanent residence in the United States;
							(4)submit an
				application to the Secretary to participate in the Program; and
							(5)sign and submit to
				the Secretary, at the time of the submission of such application, a written
				contract (described in subsection (d)) to serve for the applicable period of
				obligated service in the full-time employment of a Federal, State, local, or
				tribal public health agency.
							(c)Dissemination of
				information
							(1)Application and
				contract formsThe Secretary
				shall disseminate application forms and contract forms to individuals desiring
				to participate in the Program. The Secretary shall include with such
				forms—
								(A)a fair summary of the rights and
				liabilities of an individual whose application is approved (and whose contract
				is accepted) by the Secretary, including in the summary a clear explanation of
				the damages to which the United States is entitled to recover in the case of
				the individual’s breach of the contract; and
								(B)information
				relating to the service obligation and such other information as may be
				necessary for the individual to understand the individual’s prospective
				participation in the Program.
								(2)Information for
				schoolsThe Secretary shall
				distribute to health professions schools and other appropriate accredited
				academic institutions, health professions schools, Historically Black Colleges
				and Universities, Hispanic serving Institutions, Tribal Colleges and
				Universities, Asian-American and Pacific Islander-serving institutions,
				secondary educational institutions, and relevant Federal, State, and local
				public health agencies, materials providing information on the Program and
				shall encourage such schools, institutions, and agencies to disseminate such
				materials to potentially eligible students.
							(3)Understandability,
				and timingThe application form, contract form, and all other
				information furnished by the Secretary under this section shall—
								(A)be written in a manner calculated to be
				understood by the average individual applying to participate in the Program;
				and
								(B)be made available
				by the Secretary on a date sufficiently early to ensure that such individuals
				have adequate time to carefully review and evaluate such forms and
				information.
								(4)Special
				considerationIndividuals who are eligible under subsection (b)
				shall be provided special consideration if the individuals are from medically
				underserved communities, as defined in section 799B of the Public Health
				Service Act (42 U.S.C. 295p).
							(d)
				ContractThe written contract
				(referred to in this section) between the Secretary and an individual shall
				contain—
							(1)an agreement on
				the part of the Secretary that the Secretary will repay on behalf of the
				individual loans incurred by the individual in the pursuit of the relevant
				public health preparedness workforce educational degree or certificate in
				accordance with the terms of the contract;
							(2)an agreement on
				the part of the individual that the individual will serve, immediately upon
				graduation in the case of an individual described in subsection (b)(1)(A), or
				in the case of an individual described in subsection (b)(1)(B) will continue to
				serve, in the full-time employment of a Federal, State, or local public health
				agency, organization, or association in a position related to the course of
				study or program for which the contract was awarded for a period of time
				(referred to in this section as the ‘period of obligated service’) equal to the
				greater of—
								(A)4 years; or
								(B)such longer period
				of time as determined appropriate by the Secretary and the individual;
								(3)an agreement, as appropriate, on the part
				of the individual to relocate for the entire period of obligated service to a
				political jurisdiction designated by the Secretary to be a Hurricane Katrina or
				Rita priority service area in exchange for an additional loan repayment
				incentive amount that does not exceed 30 percent of the individual’s eligible
				loan repayment award per academic year such that the total of the loan
				repayment and the incentive amount shall not exceed ½ of the eligible loan
				balance per year;
							(4)in the case of an
				individual described in subsection (b)(1)(A) who is in the final year of study
				and who has accepted employment with a Federal, State, or local public health
				agency, organization, or association upon graduation, an agreement on the part
				of the individual to complete the education or training, maintain an acceptable
				level of academic standing (as determined by the education institution offering
				the course of study or training), and complete the period of obligated
				service;
							(5)a provision that
				any financial obligation of the United States arising out of a contract entered
				into under this section and any obligation of the individual that is
				conditioned thereon, is contingent on funds being appropriated for loan
				repayments under this section;
							(6)a statement of the
				damages to which the United States is entitled under this section for the
				individual’s breach of the contract; and
							(7)such other
				statements of the rights and liabilities of the Secretary and of the
				individual, not inconsistent with this section.
							(e)Payments
							(1)In
				generalA loan repayment provided for an individual under a
				written contract under the Program shall consist of payment, in accordance with
				paragraph (2), on behalf of the individual of the principal, interest, and
				related expenses on government and commercial loans received by the individual
				regarding the undergraduate or graduate (or both) education of the individual,
				which loans were made for—
								(A)tuition expenses;
				or
								(B)any other
				reasonable educational expenses, including fees, books, and laboratory
				expenses, incurred by the individual.
								(2)Payments for
				years served
								(A)In
				generalFor each year of obligated service that an individual
				contracts to serve under subsection (d) the Secretary may pay up to $35,000 on
				behalf of the individual for loans described in paragraph (1). With respect to
				participants under the Program whose total eligible loans are less than
				$125,000, the Secretary shall pay an amount that does not exceed ½ of the
				eligible loan balance for each year of obligated service of the
				individual.
								(B)Repayment
				scheduleAny arrangement made by the Secretary for the making of
				loan repayments in accordance with this subsection shall provide that any
				repayments for a year of obligated service shall be made no later than the end
				of the fiscal year in which the individual completes such year of
				service.
								(3)Tax
				liabilityFor the purpose of
				providing reimbursements for tax liability resulting from payments under
				paragraph (2) on behalf of an individual—
								(A)the Secretary
				shall, in addition to such payments, make payments to the individual in an
				amount not to exceed 39 percent of the total amount of loan repayments made for
				the taxable year involved; and
								(B)may make such
				additional payments as the Secretary determines to be appropriate with respect
				to such purpose.
								(4)Payment
				scheduleThe Secretary may enter into an agreement with the
				holder of any loan for which payments are made under the Program to establish a
				schedule for the making of such payments.
							(f)Postponing
				obligated serviceWith
				respect to an individual receiving a degree or certificate from a school of
				medicine, public health, nursing, osteopathic medicine, dentistry, veterinary
				medicine, optometry, podiatry, pharmacy, psychology, or social work, the date
				of the initiation of the period of obligated service may be postponed, upon the
				submission by the individual of a petition for such postponement and approval
				by the Secretary, to the date on which the individual completes an approved
				internship, residency, or other relevant public health preparedness advanced
				training program.
						(g)Administrative
				provisions
							(1)Hiring
				priorityNotwithstanding any other provision of law, Federal,
				State, local, and tribal public health agencies may give hiring priority to any
				individual who has qualified for and is willing to execute a contract to
				participate in the Program.
							(2)Employment
				ceilingsNotwithstanding any other provision of law, individuals
				who have entered into written contracts with the Secretary under this section,
				who are serving as full-time employees of a State or local public health
				agency, or who are in the last year of public health workforce academic
				preparation, shall not be counted against any employment ceiling affecting the
				Department or any other Federal agency.
							(h)Breach of
				contractAn individual who
				fails to comply with the contract entered into under subsection (d) shall be
				subject to the same financial penalties as provided for under section 338E for
				breaches of loan repayment contracts under section 338B.
						775–2.Grants for
				State and local programs in hurricane katrina and rita affected areas
						(a) In
				generalFor the purpose of
				operating Hurricane Katrina and Rita State and local public health workforce
				loan repayment programs, the Secretary shall award a grant to any public health
				agency, organization, or association that receives public health preparedness
				cooperative agreements, or other successor cooperative agreements, from the
				Department of Health and Human Services.
						(b)RequirementsA
				State or local loan repayment program operated with a grant under subsection
				(a) shall incorporate all provisions of the Hurricanes Katrina and Rita Public
				Health Workforce Loan Repayment Program under section 775–1, including the
				ability to designate Hurricane Katrina and Rita priority service areas within
				the relevant political jurisdiction.
						(c)AdministrationThe
				head of the State or local office that receives a grant under subsection (a)
				shall be responsible for contracting and operating the loan repayment program
				under the grant.
						(d)Rule of
				constructionNothing in this section shall be construed to
				obligate or limit any State or local government entity from implementing
				independent or supplemental public health workforce development programs within
				their borders.
						775–3.Authorization
				of appropriations
						(a)Scholarship
				programFor the purpose of
				carrying out section 775, there is authorized to be appropriated $35,000,000
				for fiscal year 2008, and such sums as may be necessary for each of fiscal
				years 2009 through 2013.
						(b)Loan repayment
				programs
							(1)In
				generalFor the purpose of carrying out sections 775–1 and 775–2,
				there is authorized to be appropriated $225,000,000 for fiscal year 2008, and
				such sums as may be necessary for each of fiscal years 2009 through
				2013.
							(2)AllocationNot
				less than 80 percent of the amount appropriated under paragraph (1) in each
				fiscal year shall be made available to carry out section
				775–2.
							.
		4.Cultural
			 competence training for health care and emergency relief professionals
			(a)In
			 generalThe Secretary of Health and Human Services, acting
			 through the Administrator of the Health Resources and Services Administration,
			 the Deputy Assistant Secretary for Minority Health, and the Director of the
			 National Center on Minority Health and Health Disparities, shall award grants
			 to eligible entities to test, implement, and evaluate models of cultural
			 competence training, including continuing education, for health care and
			 emergency relief providers.
			(b)EligibilityTo
			 be eligible to receive a grant under subsection (a), an entity shall—
				(1)be an academic
			 medical center, a health center or clinic, a hospital, a health plan, a health
			 system, or a health care professional guild (including a mental health care
			 professional guild);
				(2)partner with a
			 minority serving institution, minority professional association, or
			 community-based organization representing minority populations, in addition to
			 a research institution to carry out activities under this grant; and
				(3)prepare and submit
			 to the Secretary an application at such time, in such manner, and containing
			 such information as the Secretary may require.
				(c)Authorization of
			 appropriationsThere is authorized to be appropriated to carry
			 out this section such sums as may be necessary for each of fiscal years 2008
			 through 2013.
			5.Health careers
			 opportunity program
			(a)PurposeIt
			 is the purpose of this section to diversify the health care workforce by
			 increasing the number of individuals from disadvantaged backgrounds in the
			 health and allied health professions by enhancing the academic skills of
			 students from disadvantaged backgrounds and supporting them in successfully
			 entering, competing in, and graduating from health professions training
			 programs.
			(b)Authorization of
			 appropriationsSection 740(c) of the Public Health Service Act
			 (42 U.S.C. 293d(c)) is amended by striking there is authorized to be
			 appropriated $29,400,000 and all that follows through
			 2002 and inserting there are authorized to be
			 appropriated $50,000,000 for fiscal year 2008, and such sums as may be
			 necessary for each of fiscal years 2009 through 2013.
			6.Program of
			 excellence in health professions education for underrepresented
			 minorities
			(a)PurposeIt
			 is the purpose of this section to diversify the health care workforce by
			 supporting programs of excellence in designated health professions schools that
			 demonstrate a commitment to under represented minority populations with a focus
			 on minority health issues, cultural and linguistic competence, and eliminating
			 health disparities.
			(b)Authorization of
			 appropriationSection 736(h)(1) of the Public Health Service Act
			 (42 U.S.C. 293(h)(1)) is amended to read as follows:

					(1)Authorization of
				appropriationsFor the
				purpose of making grants under subsection (a), there are authorized to be
				appropriated $50,000,000 for fiscal year 2008, and such sums as may be
				necessary for each of the fiscal years 2009 through
				2013.
					.
			7.National health
			 service corps; recruitment and fellowships for individuals from disadvantaged
			 backgrounds
			(a)In
			 generalSection 331(b) of the Public Health Service Act (42
			 U.S.C. 254d(b)) is amended by adding at the end the following:

					(3)The Secretary shall ensure that the
				individuals with respect to whom activities under paragraphs (1) and (2) are
				carried out include individuals from disadvantaged backgrounds, including
				activities carried out to provide health professions students with information
				on the Scholarship and Loan Repayment
				Programs.
					.
			(b)Assignment of
			 corps personnelSection 333(a) of the Public Health Service Act
			 (42 U.S.C. 254f(a)) is amended by adding at the end the following:

					(4)In assigning Corps personnel under this
				section, the Secretary shall give preference to applicants who request
				assignment to a Federally-qualified health center (as defined in section
				1861(aa) of the Social Security Act) or to a provider organization that has a
				majority of patients who are minorities or individuals from low-income families
				(families with a family income that is less than 200 percent of the poverty
				line, as defined by the Office of Management and Budget and revised annually in
				accordance with section 673(2) of the Community Services Block Grant
				Act).
					.
			8.Loan repayment
			 program of centers for disease control and preventionSection 317F(c) of the Public Health Service
			 Act (42 U.S.C. 247b–7(c)) is amended—
			(1)by striking and after
			 1994,; and
			(2)by inserting
			 before the period the following: $750,000 for fiscal year 2008, and such
			 sums as may be necessary for each of the fiscal years 2009 through
			 2013.
			9.Mid-career health
			 professions scholarship programPart B of title VII of the Public Health
			 Service Act is amended by adding at the end the following:

				742.Mid-career
				health professions scholarship program
					(a)In
				generalThe Secretary may
				make grants to eligible schools for awarding scholarships to eligible
				individuals to attend the school involved, for the purpose of enabling the
				individuals to make a career change from a non-health profession to a health
				profession.
					(b)ExpensesAmounts
				awarded as a scholarship under this section—
						(1)subject to
				paragraph (2), may be expended only for tuition expenses, other reasonable
				educational expenses, and reasonable living expenses incurred in the attendance
				of the school involved; and
						(2)may be expended
				for stipends to eligible individuals for the enrolled period at eligible
				schools, except that such a stipend may not be provided to an individual for
				more than 4 years, and such a stipend may not exceed $35,000 per year
				(notwithstanding any other provision of law regarding the amount of
				stipends).
						(c)DefinitionsIn this section: —
						(1)Eligible
				schoolThe term ‘eligible school’ means a school of medicine,
				osteopathic medicine, dentistry, nursing (as defined in section 801), pharmacy,
				podiatric medicine, optometry, veterinary medicine, public health,
				chiropractic, or allied health, a school offering a graduate program in mental
				and behavioral health practice, or an entity providing programs for the
				training of physician assistants.
						(2)Eligible
				individualThe term ‘eligible individual’ means an individual who
				has obtained a secondary school diploma or its recognized equivalent.
						(d)PriorityIn
				providing scholarships to eligible individuals, eligible schools shall give
				priority to individuals who are from disadvantaged backgrounds and seek to work
				in areas affected by Hurricane Katrina or Rita.
					(e)Authorization of
				appropriationsThere are authorized to be appropriated to carry
				out this section, such sums as may be necessary for each of fiscal years 2008
				through
				2013.
					.
		10.Emergency
			 medical and rescue services for children
			(a)In
			 generalSection 1910(a) of the Public Health Service Act (42
			 U.S.C. 300w–9(a)) is amended—
				(1)by striking ‘‘may make grants to States or
			 accredited schools of medicine in States to support a program of demonstration
			 projects for the expansion and improvement of emergency medical services for
			 children who need treatment for trauma or critical care’’ and inserting ‘‘may
			 make grants to, or enter into contracts with, States, local government
			 entities, Indian tribes, accredited schools of medicine, and nonprofit
			 children’s hospitals to improve emergency medical services for children who
			 need treatment for trauma or critical care, including injury prevention
			 activities and data collection’’;
				(2)by striking
			 ‘‘3-year’’ and inserting ‘‘4-year’’; and
				(3)by striking
			 ‘‘4th’’ and inserting ‘‘5th’’.
				(b)Authorization of
			 appropriationsSubsection (d) of section 1910 of the Public
			 Health Service Act (42 U.S.C. 300w–9) is amended—
				(1)by striking
			 and before such sums; and
				(2)by
			 inserting $65,000,000 for the period of fiscal years 2008 through
			 2011 before the period at the end.
				11.Block Grants to
			 States for Social Services
			(a)In
			 generalNotwithstanding
			 section 2003 and paragraphs (1) and (4) of section 2005(a) of the Social
			 Security Act (42 U.S.C. 1397b, 1397d(a)), the Secretary of Health and Human
			 Services shall make additional payments under title XX of the Social Security
			 Act (42 U.S.C. 1397 et seq.) to States directly affected by Hurricane Katrina
			 or Rita for health services (including mental health services); for health
			 professional recruitment, training, and retention programs; and for repair,
			 renovation, and construction of health facilities (including mental health
			 facilities).
			(b)Authorization of
			 appropriations
				(1)In
			 generalTo carry out this section, there is authorized to be
			 appropriated $250,000,000 for fiscal year 2008.
				(2)AllocationOf
			 the amount appropriated pursuant to paragraph (1)—
					(A)25 percent shall
			 be for additional payments under this section to Mississippi; and
					(B)75 percent shall be
			 for additional payments under this section to Louisiana.


115 HR 6452 IH: Federal Employees Sustainable Investment Act
U.S. House of Representatives
2018-07-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6452IN THE HOUSE OF REPRESENTATIVESJuly 19, 2018Mr. Langevin (for himself, Mr. Tonko, Mr. Capuano, and Mr. Cicilline) introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo amend title 5, United States Code, to provide for a corporate responsibility investment option
			 under the Thrift Savings Plan.

 1.Short titleThis Act may be cited as the Federal Employees Sustainable Investment Act. 2.FindingsCongress finds the following:
 (1)The Department of Labor has asserted that socially responsible investments meet the fiduciary standards set in the Employee Retirement Income Security Act.
 (2)Eighty-four percent of mutual fund investors would be more likely to invest in a fund if one of its principles was to invest in companies that engage in ethical business practices in terms of operations and reporting.
 (3)Seventy-one percent of investors agree that companies that operate with higher levels of integrity carry less investment risk, and 67 percent of investors believe that these companies deliver better investment returns.
 (4)The United States National Research Council has established that human activity is largely responsible for recent climate change and threatens significant harm to our Nation’s public health and welfare, security, agriculture and forestry, natural resources, infrastructure, and economy.
 (5)In 2012, $3,740,000,000,000 was invested in socially responsible funds in the United States. 3.Corporate Responsibility Stock Index Fund (a)DefinitionSection 8438(a) of title 5, United States Code, is amended—
 (1)by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively; (2)by inserting after paragraph (1) the following:

 (2)the term Corporate Responsibility Stock Index Fund means the fund established under subsection (b)(1)(G).; and (3)in paragraph (10), as redesignated by paragraph (1) of this subsection, by striking paragraph (8)(D) each place it appears and inserting paragraph (9)(D).
				(b)Establishment
 (1)In generalSection 8438(b)(1) of title 5, United States Code, is amended— (A)in subparagraph (E), by striking and at the end;
 (B)in subparagraph (F), by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

 (G)a Corporate Responsibility Stock Index Fund as provided under paragraph (6).. (2)Fund requirementsSection 8438(b) of title 5, United States Code, is amended by adding at the end the following:

						(6)
							(A)
 (i)The Board shall select a minimum of one index which is a commonly recognized, passively managed index comprised of stocks (from the United States or international equity markets) that have been analyzed and selected based on criteria consistent with the purposes of this paragraph.
 (ii)The criteria under clause (i) shall at a minimum include— (I)corporate governance;
 (II)environmental practices (including greenhouse gas emissions and contribution to climate change); (III)workplace relations and benefits;
 (IV)product safety and impact; (V)international operations and human rights;
 (VI)involvement with repressive regimes; and (VII)community relations.
 (iii)The historical performance of each index selected under this subparagraph shall be comparable to that of the other investment funds and options available under this subsection.
 (B)The Corporate Responsibility Stock Index Fund shall be invested in a portfolio designed to replicate the performance of the index in subparagraph (A) (or, if more than one index is selected, the overall average performance). The portfolio shall be designed such that, to the extent practicable, the percentage of the Corporate Responsibility Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index (or indexes)..


		III
		109th CONGRESS
		2d Session
		S. RES. 469
		IN THE SENATE OF THE UNITED
		  STATES

			May 8, 2006
			Mr. Lieberman (for
			 himself, Mr. Martinez,
			 Mr. Nelson of Florida,
			 Mr. Menendez, Mr. Ensign, Mr.
			 McCain, Mr. Biden,
			 Mr. Dodd, Mr.
			 Salazar, Mr. Frist,
			 Mr. Durbin, Mr.
			 DeWine, Mr. Chambliss,
			 Mr. Lautenberg, Mr. Sununu, Mr.
			 Allard, and Mr. Graham)
			 submitted the following resolution; which was referred to the
			 Committee on Foreign
			 Relations

			May 23, 2006
			Reported by Mr. Lugar,
			 without amendment

			May 25, 2006
			Considered and agreed to

		RESOLUTION
		Condemning the April 25, 2006, beating and
		  intimidation of Cuban dissident Martha Beatriz Roque.

		Whereas
			 the 47-year communist dictatorship of Fidel Castro in Cuba received the lowest
			 rating from Freedom House in its Freedom in the World 2005
			 report for political rights and civil liberties, and is categorized by that
			 organization as repressive and having virtually no
			 freedom;
		Whereas
			 Human Rights Watch describes Cuba in its World Report 2006 as
			 an undemocratic government that represses nearly all forms of political
			 dissent;
		Whereas
			 human rights observers have documented that the regime in Cuba attempts to
			 intimidate human rights dissidents and their families through acts of
			 repudiation, consisting of mobs of regime supporters screaming threats
			 and insults;
		Whereas, on April 25, 2006, an act of
			 repudiation against Martha Beatriz Roque became violent when she was punched,
			 knocked down, and dragged outside her home in Havana while she was leaving to
			 attend a meeting with Michael E. Parmly, the Chief of Mission-Designate for the
			 United States Interests Section in Havana, Cuba;
		Whereas
			 Martha Beatriz Roque is a citizen of Cuba and leader of the Assembly to Promote
			 Civil Society in Cuba, a coalition of 365 independent civil society groups
			 within Cuba;
		Whereas, in March 2003, the regime of Fidel
			 Castro imprisoned dozens of Cuban dissidents including Martha Beatriz Roque for
			 their activities supporting freedom and democracy; and
		Whereas
			 Martha Beatriz Roque was released in 2005 for health reasons without a pardon
			 or a commutation of her sentence: Now, therefore, be it

		That the Senate—
			(1)condemns the brutality of the regime of
			 Fidel Castro toward Martha Beatriz Roque, a 61-year-old woman in frail
			 health;
			(2)demands the regime of Cuba allow the people
			 of Cuba to exercise their fundamental human rights, rather than responding to
			 calls for freedom with imprisonment and intimidation;
			(3)commends the courage and perseverance of
			 Martha Beatriz Roque and all dissidents in Cuba;
			(4)calls on the regime of Cuba to release the
			 hundreds of political prisoners still held today and to stop the intimidation
			 of dissidents and their families; and
			(5)calls for continued international support
			 and solidarity with pro-democracy leaders in Cuba.


		II
		111th CONGRESS
		2d Session
		S. 3996
		IN THE SENATE OF THE UNITED STATES

			December 1, 2010
			Mr. Lautenberg
			 introduced the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To amend the Truth in Lending Act and the Higher
		  Education Act of 1965 to require additional disclosures and protections for
		  students and cosigners with respect to student loans, and for other
		  purposes.

		1.Short title;
			 findings
			(a)Short
			 titleThis Act may be cited
			 as the Christopher Bryski Student Loan
			 Protection Act or Christopher’s Law.
			(b)FindingsThe
			 Congress finds the following:
				(1)There is no
			 requirement for Federal or private educational lenders to provide information
			 with respect to creating a durable power of attorney for financial
			 decisionmaking in accordance with State law to be used in the event of the
			 death, incapacitation, or disability of the borrower or any cosigner.
				(2)No requirement
			 exists for private educational lenders’ master promissory notes to include a
			 clear and conspicuous description of the responsibilities of a borrower and
			 cosigner in the event the borrower or cosigner becomes disabled, incapacitated,
			 or dies.
				(3)An estimated
			 1,700,000 people sustain a traumatic brain injury each year, with older
			 adolescents aged 15 to 19 years old more likely to sustain a traumatic brain
			 injury than other age groups.
				(4)It has been estimated that the annual
			 incidence of spinal cord injury, not including those who die at the scene of an
			 accident, is approximately 40 cases per 1,000,000 people in the United States
			 or approximately 12,000 new cases each year. These injuries can lead to
			 permanent disability or loss of movement and can prohibit the victim from
			 engaging in any substantial gainful activity.
				(5)In the 2007–2008 academic year, 13 percent
			 of students attending a 4-year public institution of higher education, and 26.2
			 percent of students attending a 4-year private institution of higher education,
			 borrowed monies from private educational lenders.
				(6)According to Sallie Mae, in 2009, the
			 percentage of cosigned private education loans increased from 66 percent to 84
			 percent of all private education loans.
				2.Additional
			 student loan protections
			(a)In
			 general
				(1)AmendmentSection 140 of the Truth in Lending Act (15
			 U.S.C. 1650) is amended by adding at the end the following:

						(g)Additional
				protections relating to death or disability of borrower or cosigner of a
				private education loan
							(1)Obligation to
				provide information about power of attorneyIn conjunction with—
								(A)any student loan counseling provided by a
				covered educational institution to any new borrower and any cosigner at the
				time of any loan application, loan origination, or loan consolidation, or at
				the time the cosigner assumes responsibility for repayment, the institution
				shall provide information with respect to creating a durable power of attorney
				for financial decisionmaking, in accordance with the State law where the
				institution is located; and
								(B)any application for a private education
				loan, the private educational lender involved in such loan shall provide
				information to the borrower, and any cosigner, concerning the creation of a
				durable power of attorney for financial decisionmaking, in accordance with the
				State law where the institution to be attended by the borrower is located, with
				respect to such loan.
								(2)Clear and
				conspicuous description of cosigner’s obligationIn the case of any private educational
				lender who extends a private education loan for which any cosigner is jointly
				liable, the lender shall clearly and conspicuously describe, in writing, the
				cosigner’s obligations with respect to the loan, including the effect the
				death, disability, or inability to engage in any substantial gainful activity
				of the borrower or any cosigner would have on any such obligation, in language
				that the Board determines would give a reasonable person a reasonable
				understanding of the obligation being assumed by becoming a cosigner for the
				loan.
							(3)Model
				formsThe Board shall publish model forms under section 105
				for—
								(A)the information required under paragraph
				(1) with respect to a durable power of attorney for financial decisionmaking
				for each State (and such model forms under this subparagraph shall be uniform
				for all States to the greatest extent possible); and
								(B)describing a
				cosigner’s obligation for purposes of paragraph (2).
								(4)Definition of
				death, disability, or inability to engage in any substantial gainful
				activityFor the purposes of
				this subsection with respect to a borrower or cosigner, the term death,
				disability, or inability to engage in any substantial gainful
				activity—
								(A)means any
				condition described in section 437(a) of the Higher Education Act of 1965 (20
				U.S.C. 1087(a)); and
								(B)shall be
				interpreted by the Board in such a manner as to conform with the regulations
				prescribed by the Secretary of Education under section 437(a) of such Act (20
				U.S.C. 1087(a)) to the fullest extent practicable, including safeguards to
				prevent fraud and
				abuse.
								.
				(2)Conforming
			 amendmentEffective on the designated transfer date established
			 under section 1062 of the Dodd-Frank Wall Street Reform and Consumer Protection
			 Act (12 U.S.C. 5582), section 140(g) of the Truth in Lending Act (15 U.S.C.
			 1650(g)), as added by this subsection, is amended by striking
			 Board each place the term occurs and inserting
			 Bureau.
				(b)DefinitionsSubsection (a) of section 140 of the Truth
			 in Lending Act (15 U.S.C. 1650(a)) is amended—
				(1)by redesignating paragraphs (1) and (2)
			 through (8) as paragraphs (2) and (4) through (10), respectively;
				(2)by inserting
			 before paragraph (2) the following:

						(1)the term cosigner—
							(A)means any
				individual who is liable for the obligation of another without compensation,
				regardless of how designated in the contract or instrument;
							(B)includes any
				person whose signature is requested as condition to grant credit or to forbear
				on collection; and
							(C)does not include a
				spouse of an individual referred to in subparagraph (A) whose signature is
				needed to perfect the security interest in the
				loan;
							;
				and
				(3)by inserting
			 after paragraph (2) (as redesignated by paragraph (1)) the following:

						(3)(A)the term durable power of
				attorney has the meaning given to such term under State law; or
							(B)in
				the case of a State that does not have a law described in subparagraph (A), the
				terms durable and power of attorney have the meanings
				given to such terms in section 102 of the Uniform Power of Attorney Act, as
				approved by the National Conference of Commissioners on State Laws in
				2006;
							.
				3.Federal student
			 loansSection 485(l)(2) of the
			 Higher Education Act of 1965 (20 U.S.C. 1092(l)(2)) is amended by adding at the
			 end the following:

				(L)Information on the conditions required to
				discharge the loan due to the death, disability, or inability to engage in any
				substantial gainful activity of the borrower in accordance with section 437(a),
				and an explanation that, in the case of a private education loan made through a
				private educational lender (as such terms are defined in section 140 of the
				Truth in Lending Act (20 U.S.C. 1019)), the borrower, the borrower’s estate,
				and any cosigner of such a private education loan may be obligated to repay the
				full amount of the loan, regardless of the death or disability of the borrower
				or any other condition described in section 437(a).
				(M)(i)The model form with respect to durable
				power of attorney for financial decisionmaking, as published by the Board of
				Governors of the Federal Reserve System or the Bureau of Consumer Financial
				Protection (as the case may be) in accordance with section 140(g)(3)(A) of the
				Truth in Lending Act (15 U.S.C. 1650(g)(3)(A)), for the State in which the
				institution is located.
					(ii)In the case of a borrower who is not a
				resident of the State in which the institution is located, information on how
				to access such model form for the State in which the borrower
				resides.
					.


114 S2630 IS: Pay Stub Disclosure Act
U.S. Senate
2016-03-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS2d SessionS. 2630IN THE SENATE OF THE UNITED STATESMarch 3, 2016Mr. Franken (for himself and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Fair Labor Standards Act of 1938 to require certain disclosures be included on
			 employee pay stubs, and for other purposes.

 1.Short titleThis Act may be cited as the Pay Stub Disclosure Act. 2.FindingsCongress finds the following:
 (1)The lack of a Federal requirement to provide employees with pay stubs indicating how their pay is calculated or to allow employee inspections of employers’ payroll records significantly impedes efforts to identify and challenge wage and hour violations.
 (2)In a survey of 4,387 low-wage workers in New York, Los Angeles, and Chicago, more than one-fourth of such workers were paid less than the minimum wage and among those who worked more than 40 hours per week, more than three-fourths were not paid overtime. Fifty-seven percent of these workers reported that they did not receive a pay stub in the previous week.
 (3)Some employers are increasingly engaging in practices that make it extremely difficult for workers to calculate their pay, including paying workers in cash or by personal checks.
 (4)While the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the regulations of the Department of Labor require employers to keep records of employees’ pay, the lack of remedies diminishes the effectiveness of this requirement.
 (5)The Supreme Court held in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 (1946)) that where an employer fails to keep records that are required under the Fair Labor Standards Act of 1938, when an employee presents sufficient evidence of the amount and extent of that work for which the employee was improperly compensated, the burden shifts to the employer to disprove the employee’s testimony and evidence of the hours the employee worked and how much he or she was paid.
 (6)Far too many courts have failed to shift the burden to the employer, where the employer has failed to keep records or has kept inadequate records, instead giving the employer’s testimony equal weight to credible evidence produced by the employee.
			3.Pay stub requirements
 (a)Disclosure requirementsSection 11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 211) is amended by adding at the end the following:

					(e)Information To Be disclosed to certain employees
 (1)Initial disclosureEach employer shall provide an initial disclosure to each employee who is not subject to any exemption set forth in section 13 within 15 days of the date such employee is hired or any of the information described in subparagraphs (A) through (C) changes with respect to that employee. Such disclosure shall include—
 (A)the rate or rates of pay and whether the employee is paid by the hour, shift, day, week, or job, or by salary, piece rate, commission, or other form of compensation;
 (B)the name of the employer and any other name used by the employer to conduct business; and (C)the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if such mailing address is different from the address of the main office or principal place of business.
 (2)Disclosures required in each pay stubEach employer shall disclose to each employee who is not subject to any exemption set forth in section 13 in a pay stub provided each pay period—
 (A)the pay period covered; (B)the name of the employee;
 (C)the total hours worked by the employee, including the number of hours worked per workweek in the pay period;
 (D)(i)in the case of an employee who is paid an hourly wage, the total gross and net wages paid, and the rate of pay for each hour worked;
 (ii)in the case of an employee who is paid a salary in lieu of an hourly wage, the amount of salary paid during the pay period;
 (iii)in the case of an employee employed at piece rate, the number of piece-rate units earned, the applicable piece rate, and the total amount paid in accordance with such piece rate; and
 (iv)in the case of an employee who receives commission or is paid on the basis of any other type of rate, the total amount paid in commission or in accordance with such rate and any additional information relating to such pay as determined by the Secretary;
 (E)the number of overtime hours worked during each workweek of the pay period and the hourly rate of pay for each such overtime hour, or, in the case of an employee employed at piece rate, the piece rate paid for each such overtime hour;
 (F)any additional compensation paid or benefits provided, including an explanation of each type of compensation or benefit; and
 (G)any deductions, with an explanation of each deduction, and any allowances or reimbursements, with an explanation of each allowance or reimbursement.
 (3)Requirements related to disclosure of compensation, benefits, allowances, and reimbursementsIn disclosing the information required to be disclosed pursuant to subparagraphs (F) and (G) of paragraph (2)—
 (A)the compensation and benefits required to be disclosed include— (i)any bonus, paid leave (including paid vacation or personal time, paid sick leave, or any other paid leave), or other compensation;
 (ii)any employer contributions to health care coverage or to a retirement account for the employee and any transit or other benefits provided by the employer; and
 (iii)any additional form of pay that is required under State or local law, or for which records are required to be kept pursuant to State or local law, such as reporting time pay, split shift pay, paid sick leave, or paid family or medical leave;
 (B)the allowances and reimbursements required to be disclosed include any amounts paid to or reimbursed to an employee for meals, clothing, lodging, or any other item for which the employer makes an allowance or provides a reimbursement; and
 (C)the explanation for any additional compensation, benefits, allowances, or reimbursements shall be itemized and may not be described as miscellaneous.
 (4)Form of disclosure requiredThe pay stub required by paragraph (2) shall be provided to an employee each pay period and may be provided—
 (A)as a separate document, accompanying an employee’s pay; (B)as a detachable part of a paycheck for employees receiving a paycheck; or
 (C)electronically, at the election of the employee, if the employee receives his or her pay through electronic deposit..
 (b)Recordkeeping requirementsSection 11 of such Act (29 U.S.C. 211) is further amended by adding at the end of subsection (c) the following: An employer shall keep records of the information disclosed in an employee’s pay stub, as required by subsection (e), for a period of 3 years from the date of issuance of each pay stub..
 (c)Investigations and inspectionsSection 11 of such Act (29 U.S.C. 211) is further amended by adding at the end of subsection (a) the following: In the event that an employee who is not subject to any exemption set forth in section 13 requests an inspection of such employee’s records described in subsection (c), the employer shall provide copies of such records to the employee for a period of not more than 3 years prior to such request. An employer shall comply with such employee’s request to inspect records within 21 days of such request..
 (d)Notice and posting requirementSection 11 of such Act (29 U.S.C. 211) is further amended by inserting after subsection (e) (as added by subsection (a)) the following:

 (f)(1)Every employer subject to any provision of this Act or of any order issued under this Act shall provide, to each employee who is not subject to any exemption set forth in section 13, a notice that includes—
 (A)a description of the employee’s right to receive a pay stub and the information which the pay stub must contain;
 (B)the address and telephone number for the applicable local office of the Department of Labor; and (C)such additional information as the Secretary shall require by regulation.
 (2)An employer shall provide an employee described in paragraph (1) with the notice required under such paragraph—
 (A)within 15 days of the date of hire, except as provided in subparagraph (B); and (B)in the case of employee employed by an employer on the date of enactment of the Pay Stub Disclosure Act, within 15 days of the effective date of such Act..
 (e)Conforming amendmentThe section heading of section 11 of such Act is amended by inserting Pay stub Disclosures, after Records,. 4.Enforcement (a)In generalSection 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is further amended—
 (1)in subsection (b)— (A)by inserting after the second sentence the following: An employer who violates subsection (e) or (f) of section 11 shall be liable to the affected employee for $50 for the initial pay period in which such a violation occurs and $100 per employee for each violation in a subsequent pay period, not to exceed an aggregate of $4,000 per employee.; and
 (B)by striking either of the preceding sentences and inserting any of the preceding sentences; (2)in subsection (e)—
 (A)by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (B)by inserting after paragraph (2) the following:

 (3)An employer who fails to make, keep, and preserve records as required by section 11(c), or fails to permit a current or former employee to inspect or copy records as required by section 11(a), shall be subject to a civil penalty of $750 per violation.; and
 (3)by adding at the end the following:  (f)The Secretary shall have the authority to periodically increase, in accordance with inflation, the amounts provided for in this section as penalties or recoverable in an action described in subsection (b)..
 (b)Evidentiary standardsSection 15 of such Act (29 U.S.C. 215) is amended by adding at the end the following:  (c)In the event that an employer fails to keep sufficient records as required by section 11(c) and any related regulations, the employee’s production of credible evidence and testimony regarding the amount and extent of the work for which the employee was improperly compensated shall be sufficient to create a rebuttable presumption that the employee’s records are accurate, consistent with the Supreme Court’s decision in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 (1946))..
 5.DefinitionsSection 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following:

 (z)Pay stub means a paper that itemizes in writing all wages and deductions paid to an employee each pay period..
		6.Regulations and technical assistance
 (a)RegulationsNot later than 1 year after the date of enactment of this Act, the Secretary of Labor shall prescribe such regulations as are necessary to carry out this Act, including a list of State and local laws—
 (1)with requirements that are substantially similar to the requirements of this Act and the amendments made by this Act; and
 (2)compliance with which the Secretary may determine satisfies the requirements of this Act and the amendments made by this Act.
 (b)Guidance and technical assistanceIn order to achieve the objectives of this Act, the Secretary of Labor— (1)acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing the disclosures required pursuant to this Act and the amendments made by this Act; and
 (2)shall provide technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act and the amendments made by this Act.
 7.Effective dateThe amendments made by this Act shall take effect on the earlier of— (1)the date that is 6 months after the date on which final regulations are issued by the Secretary of Labor under section 6(a); and
 (2)the date that is 18 months after the date of enactment of this Act.


113 HR 4466 IH: Financial Regulatory Clarity Act of 2014
U.S. House of Representatives
2014-04-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4466
		IN THE HOUSE OF REPRESENTATIVES

			April 10, 2014
			Mrs. Capito (for herself and Mr. Meeks) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To require certain financial regulators to determine whether new regulations or orders are
			 duplicative or inconsistent with existing Federal regulations, and for
			 other purposes.

		1.Short titleThis Act may be cited as the Financial Regulatory Clarity Act of 2014.
		2.Federal Deposit Insurance CorporationSection 9 of the Federal Deposit Insurance Act (12 U.S.C. 1819) is amended by adding at the end the
			 following:

				(c)Review of regulations
					(1)In generalBefore issuing a regulation or order the Corporation shall assess other Federal regulations and
			 orders to determine the interaction between the proposed regulation or
			 order and other Federal regulations and orders.
					(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Corporation shall evaluate the following:
						(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.
						(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.
						(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.
						(D)Whether other Federal regulations or orders are outdated.
						(3)Resolving duplicative or inconsistent regulations or ordersThe Corporation shall take all available measures under current law to resolve any duplicative or
			 inconsistent existing regulation or order with any proposed regulation or
			 order before issuing a final regulation or order.
					(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Corporation makes a
			 determination under paragraph (2), the Corporation shall issue a report to
			 the Congress containing recommendations made by the Corporation, including
			 any recommendations of Federal laws or regulations that should be repealed
			 or amended, so that the Congress may repeal or amend any conflicting,
			 inconsistent, duplicative, or outdated laws or regulations.
					(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.
					(6)Regulation and order definedFor purposes of this subsection:
						(A)In generalThe terms regulation and order shall have the meaning given those terms, respectively, by the Corporation, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators, other than the Corporation.
						(B)Federal financial regulatorsThe term Federal financial regulators means the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial
			 Protection, the Commodity Futures Trading Commission, the Comptroller of
			 the Currency, the Corporation, the National Credit Union Administration,
			 and the Securities and Exchange Commission..
		3.Office of Comptroller of the CurrencySection 324 of the Revised Statutes of the United States (12 U.S.C. 1) is amended by adding at the end the following:

				(c)Review of regulations
					(1)In generalBefore issuing a regulation or order the Comptroller of the Currency shall assess other Federal
			 regulations and orders to determine the interaction between the proposed
			 regulation or order and other Federal regulations and orders.
					(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Comptroller shall evaluate the following:
						(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.
						(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.
						(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.
						(D)Whether other Federal regulations or orders are outdated.
						(3)Resolving duplicative or inconsistent regulations or ordersThe Comptroller shall take all available measures under current law to resolve any duplicative or
			 inconsistent existing regulation or order with any proposed regulation or
			 order before issuing a final regulation or order.
					(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Comptroller makes a
			 determination under paragraph (2), the Comptroller shall issue a report to
			 the Congress containing recommendations made by the Comptroller, including
			 any recommendations of Federal laws or regulations that should be repealed
			 or amended, so that the Congress may repeal or amend any conflicting,
			 inconsistent, duplicative, or outdated laws or regulations.
					(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.
					(6)Regulation and order definedFor purposes of this subsection, the terms regulation and order shall have the meaning given those terms, respectively, by the Comptroller, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the
			 Comptroller..
		4.Board of Governors of the Federal Reserve SystemSection 10 of the Federal Reserve Act is amended by inserting before paragraph (12) the following:

				(11)Review of regulations
					(A)In generalBefore issuing a regulation or order the Board of Governors of the Federal Reserve System shall
			 assess other Federal regulations and orders to determine the interaction
			 between the proposed regulation or order and other Federal regulations and
			 orders.
					(B)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Board of Governors shall evaluate the following:
						(i)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.
						(ii)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.
						(iii)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.
						(iv)Whether other Federal regulations or orders are outdated.
						(C)Resolving duplicative or inconsistent regulations or ordersThe Board of Governors shall take all available measures under current law to resolve any
			 duplicative or inconsistent existing regulation or order with any proposed
			 regulation or order before issuing a final regulation or order.
					(D)Report to CongressNot later than the end of the 60-day period beginning on the date the Board of Governors makes a
			 determination under subparagraph (B), the Board of Governors shall issue a
			 report to the Congress containing recommendations made by the Board of
			 Governors, including any recommendations of Federal laws or
			 regulations
			 that should be repealed or amended, so that the Congress may repeal or
			 amend any conflicting, inconsistent, duplicative, or outdated laws or
			 regulations.
					(E)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this paragraph.
					(F)Regulation and order definedFor purposes of this paragraph, the terms regulation and order shall have the meaning given those terms, respectively, by the Board of Governors, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Board of
			 Governors..
		5.Bureau of Consumer Financial ProtectionSection 1022 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5512) is amended by adding
			 at the end the following:

				(e)Review of regulations
					(1)In generalBefore issuing a regulation or order the Bureau shall assess other Federal regulations and orders
			 to determine the interaction between the proposed regulation or order and
			 other Federal regulations and orders.
					(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Bureau shall evaluate the following:
						(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.
						(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.
						(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.
						(D)Whether other Federal regulations or orders are outdated.
						(3)Resolving duplicative or inconsistent regulations or ordersThe Bureau shall take all available measures under current law to resolve any duplicative or
			 inconsistent existing regulation or order with any proposed regulation or
			 order before issuing a final regulation or order.
					(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Bureau makes a determination
			 under paragraph (2), the Bureau shall issue a report to the Congress
			 containing recommendations made by the Bureau, including any
			 recommendations of Federal laws or regulations that should be repealed or
			 amended, so that the Congress may repeal or amend any conflicting,
			 inconsistent, duplicative, or outdated laws or regulations.
					(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.
					(6)Regulation and order definedFor purposes of this subsection, the terms regulation and order shall have the meaning given those terms, respectively, by the Bureau, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the Bureau..
		6.National Credit Union AdministrationSection 102 of the Federal Credit Union Act (12 U.S.C. 1752a) is amended by adding at the end the
			 following:

				(g)Review of regulations
					(1)In generalBefore issuing a regulation or order the Administration shall assess other Federal regulations and
			 orders to determine the interaction between the proposed regulation or
			 order and other Federal regulations and orders.
					(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Administration shall evaluate the following:
						(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.
						(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.
						(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.
						(D)Whether other Federal regulations or orders are outdated.
						(3)Resolving duplicative or inconsistent regulations or ordersThe Administration shall take all available measures under current law to resolve any duplicative
			 or inconsistent existing regulation or order with any proposed regulation
			 or order before issuing a final regulation or order.
					(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Administration makes a
			 determination under paragraph (2), the Administration shall issue a report
			 to the Congress containing recommendations made by the Administration,
			 including any recommendations of Federal laws or regulations that should
			 be repealed or amended, so that the Congress may repeal or amend any
			 conflicting, inconsistent, duplicative, or outdated laws or regulations.
					(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.
					(6)Regulation and order definedFor purposes of this subsection, the terms regulation and order shall have the meaning given those terms, respectively, by the Administration, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the
			 Administration..
		7.Securities and Exchange CommissionSection 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end
			 the following:

				(j)Review of regulations
					(1)In generalBefore issuing a regulation or order the Commission shall assess other Federal regulations and
			 orders to determine the interaction between the proposed regulation or
			 order and other Federal regulations and orders.
					(2)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Commission shall evaluate the following:
						(A)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.
						(B)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.
						(C)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.
						(D)Whether other Federal regulations or orders are outdated.
						(3)Resolving duplicative or inconsistent regulations or ordersThe Commission shall take all available measures under current law to resolve any duplicative or
			 inconsistent existing regulation or order with any proposed regulation or
			 order before issuing a final regulation or order.
					(4)Report to CongressNot later than the end of the 60-day period beginning on the date the Commission makes a
			 determination under paragraph (2), the Commission shall issue a report to
			 the Congress containing recommendations made by the Commission, including
			 any recommendations of Federal laws or regulations that should be repealed
			 or amended, so that the Congress may repeal or amend any conflicting,
			 inconsistent, duplicative, or outdated laws or regulations.
					(5)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this subsection.
					(6)Regulation and order definedFor purposes of this subsection, the terms regulation and order shall have the meaning given those terms, respectively, by the Commission, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the
			 Commission..
		8.Commodity Futures Trading CommissionSection 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) is amended by adding at the end the
			 following:

				(16)Review of regulations
					(A)In generalBefore issuing a regulation or order the Commission shall assess other Federal regulations and
			 orders to determine the interaction between the proposed regulation or
			 order and other Federal regulations and orders.
					(B)ConsiderationsIn making a determination of the interaction between the proposed regulation or order and other
			 Federal regulations, the Commission shall evaluate the following:
						(i)Whether the proposed regulation or order is in conflict with other Federal regulations or orders.
						(ii)Whether the proposed regulation or order is inconsistent with other Federal regulations or orders.
						(iii)Whether the proposed regulation or order is duplicative of other Federal regulations or orders.
						(iv)Whether other Federal regulations or orders are outdated.
						(C)Resolving duplicative or inconsistent regulations or ordersThe Commission shall take all available measures under current law to resolve any duplicative or
			 inconsistent existing regulation or order with any proposed regulation or
			 order before issuing a final regulation or order.
					(D)Report to CongressNot later than the end of the 60-day period beginning on the date the Commission makes a
			 determination under subparagraph (B), the Commission shall issue a report
			 to the Congress containing recommendations made by the Commission,
			 including any recommendations of Federal laws or regulations that should
			 be repealed or amended, so that the Congress may repeal or amend any
			 conflicting, inconsistent, duplicative, or outdated laws or regulations.
					(E)Limitation on judicial reviewNotwithstanding any other provision of law, a court may not compel action or hold unlawful and set
			 aside any action solely on the basis of compliance or noncompliance with
			 the requirements of this paragraph.
					(F)Regulation and order definedFor purposes of this paragraph, the terms regulation and order shall have the meaning given those terms, respectively, by the Commission, and the term other Federal regulations and orders shall mean regulations and orders of the Federal financial regulators (as defined under section
			 9(c)(6)(B) of the Federal Deposit Insurance Act), other than the
			 Commission..
		9.Treatment of joint rulemakingsIn the case of a joint rulemaking with respect to which an assessment and determination is required
			 pursuant to an amendment made under sections 2 through 8 of this Act, the
			 agencies shall jointly make such assessment and determination and shall
			 submit a single report with respect to such determination.


109 HR 4809 RH: Regulation in Plain Language Act of 2006
U.S. House of Representatives
2006-09-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
Union Calendar No. 393
109th CONGRESS 2d Session
H. R. 4809
[Report No. 109–660]
IN THE HOUSE OF REPRESENTATIVES

February 28, 2006
Mrs. Miller of Michigan (for herself and Mr. Lynch) introduced the following bill; which was referred to the Committee on Government Reform

September 14, 2006
Additional sponsors: Mr. Tiberi, Mr. Akin, and Mr. Cannon

September 14, 2006
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL
To amend the provisions of chapter 35 of title 44, United States Code, commonly referred to as the Paperwork Reduction Act, to ensure usability and clarity of information disseminated by Federal agencies, and to facilitate compliance with Federal paperwork requirements.

1.Short titleThis Act may be cited as the Regulation in Plain Language Act of 2006.
2.DefinitionsIn this Act:
(1)AgencyThe term agency means an Executive agency, as that term is defined in section 105 of title 5, United States Code.
(2)RegulationThe term regulation means a rule, as that term is defined in section 551(4) of title 5, United States Code, that is issued by an agency.
3.Procedures for ensuring usability and clarity in rulemaking
(a)Definition of plain languageSection 3502 of title 44, United States Code, is amended—
(1)by striking and at the end of paragraph (13);
(2)by striking the period and inserting ; and at the end of paragraph (14); and
(3)by adding at the end the following new paragraph:

(15)the term plain language means language that is clear and readily understandable to the intended reader and complies with the following standards:
(A)Uses short words, sentences, and paragraphs.
(B)Uses active verbs.
(C)Contains explanations of legal, foreign, and technical terms, unless the terms are commonly understood.
(D)Avoids defining terms that are commonly understood.
(E)Uses personal pronouns to refer to affected persons and the responsible agency if helpful to improve clarity.
(F)Minimizes cross-references.
(G)Avoids sentences with double negatives or exceptions to exceptions.
(H)Uses tables, diagrams, pictures, maps, and vertical lists to improve clarity.
(I)Demonstrates logical organization.
(J)Addresses separate audiences separately.
(K)Places general material before exceptions and specialized information.
(L)Addresses processes covered by a rule in chronological order.
(M)Follows other best practices of plain language writing..
(b)Responsibility of Federal agencies to promote plain languageSection 3506(d) of title 44, United States Code, is amended—
(1)by striking and at the end of paragraph (3);
(2)by striking the period at the end of paragraph (4) and inserting ; and; and
(3)by adding at the end the following new paragraph:

(5)ensure that regulations are written in plain, understandable language consistent with the definition of plain language in section 3502(15) of this title, through—
(A)designating an agency official as plain language coordinator;
(B)establishing a process for reviewing each regulation to ensure its compliance with this paragraph before publishing it in the Federal Register;
(C)publishing guidelines to implement this paragraph—
(i)not later than 120 days after the date of the enactment of this paragraph;
(ii)after consulting with other Federal agencies and the Interagency Committee on Government Information to promote consistency of application between agencies; and
(iii)after consulting with affected stakeholders;
(D)training employees who write regulations to write in plain language;
(E)reporting to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate annually for the first 2 years after the date of the enactment of this paragraph and once every 3 years thereafter on compliance with this paragraph, including—
(i)agency implementation of its guidelines;
(ii)agency actions to ensure consistency with other Federal agency guidelines; and
(iii)examples of some of the changes made to draft regulations in the previous year to conform with this paragraph..

September 14, 2006
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


116 S1263 IS: Accelerating Veterans Recovery Outdoors Act
U.S. Senate
2019-05-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1263IN THE SENATE OF THE UNITED STATESMay 1, 2019Ms. Cortez Masto (for herself and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo require the Secretary of Veterans Affairs to establish an interagency task force on the use of
			 public lands to provide medical treatment and therapy to veterans through
			 outdoor recreation.

 1.Short titleThis Act may be cited as the Accelerating Veterans Recovery Outdoors Act. 2.Interagency Task Force on Outdoor Recreation for Veterans (a)EstablishmentNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a task force to be known as the Task Force on Outdoor Recreation for Veterans (in this section referred to as the Task Force).
 (b)CompositionThe Task Force shall be composed of the following members or their designees: (1)The Secretary of Veterans Affairs.
 (2)The Secretary of the Interior. (3)The Secretary of Health and Human Services.
 (4)The Secretary of Agriculture. (5)The Secretary of Defense.
 (6)The Secretary of Homeland Security. (7)The Chief of the Army Corps of Engineers.
 (8)Any other member that the Secretary of Veterans Affairs determines to be appropriate. (c)ChairpersonsThe Secretary of Veterans Affairs and the Secretary of the Interior shall serve as co-chairpersons of the Task Force (in this section referred to as the Chairpersons).
			(d)Duties
 (1)Task ForceThe duties of the Task Force shall be— (A)to identify opportunities to formalize coordination between the Department of Veterans Affairs, public land agencies, and partner organizations regarding the use of public lands or other outdoor spaces for medical treatment and recreational therapy for veterans;
 (B)to identify barriers that exist to providing veterans with opportunities for medical treatment and therapy through the use of outdoor recreation on public lands or other outdoor spaces; and
 (C)to develop recommendations to better facilitate the use of public lands or other outdoor spaces for preventative care, medical treatment, and therapy for veterans.
 (2)ConsultationThe Task Force shall carry out the duties under paragraph (1) in consultation with appropriate veterans outdoor recreation groups.
				(e)Reports
 (1)Preliminary reportNot later than 180 days after the date on which the Task Force is established, the Chairpersons shall submit to Congress a report on the preliminary findings of the Task Force.
 (2)Final reportNot later than one year after the date of the submittal of the preliminary report under paragraph (1), the Chairpersons shall submit to Congress a report on the findings of the Task Force, which shall include the recommendations developed under subsection (d)(1)(C).
 (f)DurationThe Task Force shall terminate on the date that is one year after the date of the submittal of the final report under in subsection (e)(2).
 (g)DefinitionsIn this section: (1)The term public lands means any recreational lands under the jurisdiction of the Federal Government or a State or local government.
 (2)The term veteran has the meaning given that term in section 101 of title 38, United States Code.