115 S473 IS: Educational Development for Troops and Veterans Act of 2017
U.S. Senate
2017-02-28
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.

		II
		115th CONGRESS1st Session
		S. 473
		IN THE SENATE OF THE UNITED STATES

			February 28, 2017
			Mr. Tester (for himself, Mr. Franken, Mr. Van Hollen, Ms. Hassan, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

		A BILL
		To amend title 38, United States Code, to make qualification requirements for entitlement to
			 Post-9/11 Education Assistance more equitable, to improve support of
			 veterans receiving such educational assistance, and for other purposes.

 1.Short titleThis Act may be cited as the Educational Development for Troops and Veterans Act of 2017. 2.Eligibility of reserve component members for Post-9/11 Educational AssistanceSection 3301(1)(B) of title 38, United States Code, is amended by striking or 12304 and inserting 12304, 12304a, or 12304b.
		3.Eligibility of reserve component members for nonreduction in pay while serving in the uniformed
 services or National GuardSection 5538(a) of title 5, United States Code, is amended in the matter preceding paragraph (1) by inserting after under the following: section 12301(d), section 12304b, or.
		4.Modification of time limitation for training and rehabilitation for veterans with service-connected
 disabilitiesSection 3103(f) of title 38, United States Code, is amended by striking or 12304 and inserting 12304, 12304a, or 12304b. 5.Deferral of students loans for certain period in connection with receipt of orders for mobilization for war or national emergency (a)Federal Family Education LoansSection 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended—
 (1)in the matter preceding clause (i), by striking , during any period;
 (2)in clause (i), by striking during which and inserting during any period during which;
 (3)in clause (ii), by striking during which and inserting during any period during which;
 (4)in clause (iii)—
 (A)by striking during which and inserting during any period during which; and
 (B)in the matter following subclause (II), by striking or after the semicolon;
 (5)by redesignating clause (iv) as clause (vi);
 (6)by inserting after clause (iii) the following:

 (iv)in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of—
 (I)the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and
 (II)the 180-day period preceding the first day of such service;
 (v)notwithstanding clause (iv)—
 (I)in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and
 (II)in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and;
				and
 (7)in clause (vi) (as redesignated by paragraph (5)), by striking not in excess and inserting during any period not in excess.
				(b)Direct
 LoansSection 455(f)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)(2)) is amended—
 (1)in the matter preceding subparagraph (A), by striking during any period;
 (2)in subparagraph (A), by striking during which and inserting during any period during which;
 (3)in subparagraph (B), by striking not in excess and inserting during any period not in excess;
 (4)in subparagraph (C)—
 (A)by striking during which and inserting during any period during which; and
 (B)in the matter following clause (ii), by striking or after the semicolon;
 (5)by redesignating subparagraph (D) as subparagraph (F);
 (6)by inserting after subparagraph (C) the following:

 (D)in the case of any borrower who has received a call or order to duty described in clause (i) or (ii) of subparagraph (C), during the shorter of—
 (i)the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in clause (i) or (ii) of subparagraph (C); and
 (ii)the 180-day period preceding the first day of such service;
 (E)notwithstanding subparagraph (D)—
 (i)in the case of any borrower described in such subparagraph whose call or order to duty is cancelled before the first day of the service described in clause (i) or (ii) of subparagraph (C) because of a personal injury in connection with training to prepare for such service, during the period described in subparagraph (D) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and
 (ii)in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in clause (i), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and;
				and
 (7)in subparagraph (F) (as redesignated by paragraph (5)), by striking not in excess and inserting during any period not in excess.
				(c)Perkins
 LoansSection 464(c)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended—
 (1)in the matter preceding clause (i), by striking during any period;
 (2)in clause (i), by striking during which and inserting during any period during which;
 (3)in clause (ii), by striking not in excess and inserting during any period not in excess;
 (4)in clause (iii), by striking during which and inserting during any period during which;
 (5)by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively;
 (6)by inserting after clause (iii) the following:

 (iv)in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of—
 (I)the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and
 (II)the 180-day period preceding the first day of such service;
 (v)notwithstanding clause (iv)— (I)in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and
 (II)in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled;;

 (7)in clause (vi) (as redesignated by paragraph (5)), by striking not in excess and inserting during any period not in excess; and
 (8)in clause (vii) (as redesignated by paragraph (5)), by striking during which and inserting during any period during which.
				(d)Rule of
 constructionNothing in the amendments made by this section shall be construed to authorize any refunding of any repayment of a loan.
 (e)ApplicabilityThe amendments made by this section shall apply with respect to all loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
			(f)Conforming
 amendmentsTitle IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is further amended—
 (1)in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078–2(d)(1)(A)(ii)), by striking 428(b)(1)(M)(i)(I) and inserting or clause (i)(I), (iv), or (v) of section 428(b)(1)(M); and
 (2)in section 493D(a) (20 U.S.C. 1098f(a)), by striking section 428(b)(1)(M)(iii), 455(f)(2)(C), or 464(c)(2)(A)(iii) and inserting clause (iii) or (iv) of section 428(b)(1)(M), subparagraph (C) or (D) of section 455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A).
				6.Grant program to establish, maintain, and improve veteran student centers
 (a)In generalPart T of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161t) is amended to read as follows:

					TGrants for Veteran Student Centers
						873.Grants for Veteran Student Centers
 (a)Grants authorizedSubject to the availability of appropriations under subsection (i), the Secretary shall award grants to institutions of higher education or consortia of institutions of higher education to assist in the establishment, maintenance, improvement, and operation of Veteran Student Centers. The Secretary shall award not more than 30 grants under this subsection.
							(b)Eligibility
 (1)ApplicationAn institution or consortium seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
 (2)CriteriaThe Secretary may award a grant under subsection (a) to an institution or a consortium if the institution or consortium meets each of the following criteria:
 (A)The institution or consortium enrolls in undergraduate or graduate courses— (i)a significant number of veteran students, members of the Armed Forces serving on active duty, and members of a reserve component of the Armed Forces; or
 (ii)a significant percentage of veteran students, as measured by comparing the overall enrollment of the institution or consortium to the number, for the most recent academic year for which data are available, of veteran students, members of the Armed Forces serving on active duty, and members of a reserve component of the Armed Forces who are enrolled in undergraduate or graduate courses at the institution or consortium.
 (B)The institution or consortium presents a sustainability plan to demonstrate that its Veteran Student Center will be maintained and will continue to operate after the grant period of the grant received under subsection (a) has ended.
 (3)Additional criteriaIn awarding grants under subsection (a), the Secretary— (A)shall consider institutions or consortia representing a broad spectrum of sectors and sizes, including institutions or consortia from urban, suburban, and rural regions of the United States; and
 (B)may provide consideration to institutions or consortia that meet 1 or more of the following criteria:
 (i)The institution or consortium is located in a region or community that has a significant population of veterans.
 (ii)The institution or consortium carries out programs or activities that assist veterans in the local community and the spouses of veteran students.
 (iii)The institution or consortium partners in its veteran-specific programming with nonprofit veteran service organizations, local workforce development organizations, or institutions of higher education.
 (iv)The institution or consortium commits to hiring a staff at the Veteran Student Center that includes veterans (including veteran student volunteers and veteran students participating in a Federal work-study program under part C of title IV, a work-study program administered by the Secretary of Veteran Affairs, or a State work-study program).
 (v)The institution or consortium is willing to consider providing veteran students with academic credit for comparable subject-area training received while serving in the Armed Forces and commits to dedicating resources to helping its student veterans navigate their way through the transfer credit process.
 (vi)The institution or consortium commits to using a portion of the grant received under this section to develop an early warning veteran student retention program carried out by the Veteran Student Center.
 (vii)The institution or consortium commits to providing mental health counseling to its veteran students and their spouses.
										(c)Use of funds
 (1)In generalAn institution or consortium that is awarded a grant under subsection (a) shall use such grant to establish, maintain, improve, or operate a Veteran Student Center.
 (2)Other allowable usesAn institution or consortium receiving a grant under subsection (a) may use a portion of such funds to carry out supportive instruction services for student veterans, including—
 (A)assistance with special admissions and transfer of credit from previous postsecondary education or experience; and
 (B)any other support services the institution or consortium determines to be necessary to ensure the success of veterans on campus in achieving education and career goals.
									(d)Amounts awarded
 (1)DurationEach grant awarded under subsection (a) shall be for a 4-year period. (2)Total amount of grant and scheduleEach grant awarded under subsection (a) may not exceed a total of $500,000. The Secretary shall disburse to an institution or consortium the amounts awarded under the grant in such amounts and at such times during the grant period as the Secretary determines appropriate.
 (e)ReportFrom the amounts appropriated to carry out this section, and not later than 3 years after the date on which the first grant is awarded under subsection (a), the Secretary shall submit to Congress a report on the grant program established under subsection (a), including—
 (1)the number of grants awarded; (2)the institutions of higher education and consortia that have received grants;
 (3)with respect to each such institution of higher education and consortium— (A)the amounts awarded;
 (B)how such institution or consortium used such amounts; (C)a description of the students to whom services were offered as a result of the award; and
 (D)data enumerating whether the use of the amounts awarded helped veteran students at the institution or consortium toward completion of a degree, certificate, or credential;
 (4)best practices for veteran student success, identified by reviewing data provided by institutions and consortia that received a grant under this section; and
 (5)a determination by the Secretary with respect to whether the grant program under this section should be extended or expanded.
 (f)TerminationThe authority of the Secretary to carry out the grant program established under subsection (a) shall terminate on the date that is 4 years after the date on which the first grant is awarded under subsection (a).
 (g)Department of education best practices websiteSubject to the availability of appropriations under subsection (i) and not later than 3 years after the date on which the first grant is awarded under subsection (a), the Secretary shall develop and implement a website for veteran student services at institutions of higher education, which details best practices for serving veteran students at institutions of higher education.
 (h)DefinitionsIn this section: (1)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101.
 (2)Veteran Student CenterThe term Veteran Student Center means a dedicated space on a campus of an institution of higher education that provides students who are veterans or members of the Armed Forces with the following:
 (A)A lounge or meeting space for such veteran students, their spouses or partners, and veterans in the community.
 (B)A centralized office for veteran services that— (i)is a single point of contact to coordinate comprehensive support services for veteran students;
 (ii)is staffed by trained employees and volunteers, which includes veterans and at least 1 full-time employee or volunteer who is trained as a veterans’ benefits counselor;
 (iii)provides veteran students with assistance relating to— (I)transitioning from the military to student life;
 (II)transitioning from the military to the civilian workforce; (III)networking with other veteran students and veterans in the community;
 (IV)understanding and obtaining benefits provided by the institution of higher education, Federal Government, and State for which such students may be eligible;
 (V)understanding how to succeed in the institution of higher education, including by understanding academic policies, the course selection process, and institutional policies and practices related to the transfer of academic credits; and
 (VI)understanding their disability-related rights and protections under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
 (iv)provides comprehensive academic and tutoring services for veteran students, including peer-to-peer tutoring and academic mentorship.
 (i)Authorization of appropriationsThere are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2017 and each of the 3 succeeding fiscal years..
 (b)Continuation of awardsAn institution of higher education that received a grant under section 873 of the Higher Education Act of 1965 (20 U.S.C. 1161t) before the date of enactment of this Act, as such section 873 (20 U.S.C. 1161t) was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such grant.
			7.Modification of basis
			 for annual adjustments in amounts of educational assistance for members of
			 the
			 Selected Reserve
			(a)In
 generalSection 16131(b)(2) of title 10, United States Code, is amended by striking equal to and all that follows and inserting the following: “not less than the percentage by which—

 (A)the average cost of undergraduate tuition in the United States, as determined by the National Center for Education Statistics, for the last academic year preceding the beginning of the fiscal year for which the increase is made, exceeds
 (B)the average cost of undergraduate tuition in the United States, as so determined, for the academic year preceding the academic year described in subparagraph (A).
					.
			(b)Effective
 dateThe amendment made by subsection (a) shall take effect on October 1, 2017, and shall apply to adjustments in amounts of educational assistance for members of the Selected Reserve that are made for fiscal years beginning on or after that date.
			8.Monthly stipend for certain members of the reserve components of the Armed Forces
 (a)In generalSection 3313 of title 38, United States Code, is amended by adding at the end the following new subsection:

					(j)Determination of monthly stipends during certain active duty service
 (1)Pro rata basisIn any month in which an individual described in paragraph (2) is performing active duty service described in section 3301(1)(B) of this title, the Secretary shall determine the amount of monthly stipends payable under this section for such month on a pro rata basis for the period of such month in which the covered individual is not performing such active duty service.
 (2)Individual describedAn individual described in this paragraph is an individual who is— (A)a member of the reserve components of the Armed Forces; and
 (B)pursuing a program of education using educational assistance under this chapter.. (b)ApplicationThe amendment made by subsection (a) shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2016.


110 HR 4479 IH: To extend the temporary suspension of duty on waste of

U.S. House of Representatives
2007-12-12
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. 4479
		IN THE HOUSE OF REPRESENTATIVES

			December 12, 2007
			Mr. Courtney
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on waste of
		  camel hair.

		1.Waste of camel hair
			(a)In
			 generalHeading 9902.12.21 of
			 the Harmonized Tariff Schedule of the United States is amended by striking
			 12/31/2009 and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies with respect to goods entered, or withdrawn from
			 warehouse for consumption, on or after the 15th day after the date of the
			 enactment of this Act.


		II
		112th CONGRESS
		2d Session
		S. 3598
		IN THE SENATE OF THE UNITED STATES

			September 20, 2012
			Mr. Blumenthal
			 introduced the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To protect elder adults from exploitation and financial
		  crime, to prevent elder adult abuse and financial exploitation, and to promote
		  safety for elder adults.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Robert Matava Exploitation
			 Protection for Elder Adults Act of 2012.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Definitions.
					TITLE I—Federal prosecution of abuse and exploitation directed at
				elders
					Sec. 101. Enhanced penalty for telemarketing and
				email-marketing fraud directed at elders.
					Sec. 102. Data collection.
					TITLE II—Coordination of civil protections and criminal
				prosecution as it relates to elder justice
					Sec. 201. Model States laws and practices.
					Sec. 202. Civil protection and criminal
				prosecution.
					TITLE III—Interstate initiatives
					Sec. 301. Interstate agreements and compacts.
					Sec. 302. Recommendations on interstate
				communication.
					TITLE IV—GAO report
					Sec. 401. GAO report to assess cost of elder abuse on Federal
				programs.

			2.Definitions
			(a)In
			 generalIn this Act—
				(1)the terms abuse,
			 elder, elder justice, exploitation, and
			 neglect have the meanings given those terms in section 2011 of the
			 Social Security Act (42 U.S.C. 1397j);
				(2)the term
			 adult protective services—
					(A)means such
			 services provided to adults as specified in Federal, State, or local law
			 pertaining to adult protective services; and
					(B)includes services
			 such as—
						(i)receiving reports
			 of adult abuse, neglect, or exploitation;
						(ii)investigating
			 the reports described in clause (i);
						(iii)case planning,
			 monitoring, evaluation, and other case work and services; and
						(iv)providing,
			 arranging for, or facilitating the provision of medical, social service,
			 economic, legal, housing, law enforcement, or other protective emergency, or
			 support services;
						(3)the term
			 caregiver—
					(A)means an
			 individual who has the responsibility for the care of an elder either
			 voluntarily, by contract, by receipt of payment for care, or as a result of the
			 operation of law; and
					(B)shall include a
			 family member or other individual who provides (on behalf of such individual or
			 of a public or private agency, organization, or institution) compensated or
			 uncompensated care to an elder who needs supportive services in any
			 setting;
					(4)the term
			 elder abuse includes neglect and exploitation;
				(5)the term
			 fiduciary—
					(A)means an
			 individual or entity with the legal responsibility—
						(i)to
			 make decisions on behalf of and for the benefit of another individual;
			 and
						(ii)to
			 act in good faith and with fairness; and
						(B)shall
			 include—
						(i)a
			 trustee;
						(ii)a
			 guardian;
						(iii)a
			 conservator;
						(iv)an
			 executor;
						(v)an
			 agent under a financial power of attorney or health care power of attorney;
			 or
						(vi)a
			 representative payee; and
						(6)the term
			 State means any of the several States, the District of Columbia,
			 the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam,
			 American Samoa, and the Commonwealth of the Mariana Islands.
				IFederal
			 prosecution of abuse and exploitation directed at elders
			101.Enhanced
			 penalty for telemarketing and email-marketing fraud directed at elders
				(a)In
			 generalChapter 113A of title
			 18, United States Code, is amended—
					(1)in the chapter heading by inserting
			 and email
			 marketing after Telemarketing;
					(2)by striking section 2325 and inserting the
			 following:

							2325.DefinitionIn this chapter, the term
				telemarketing or email marketing—
								(1)means a plan, program, promotion, or
				campaign that is conducted to induce—
									(A)purchases of
				goods or services;
									(B)participation in
				a contest or sweepstakes;
									(C)a charitable
				contribution, donation, or gift of money or any other thing of value;
									(D)investment for
				financial profit;
									(E)participation in
				a business opportunity;
									(F)commitment to a
				loan; or
									(G)participation in
				a fraudulent medical study, research study, or pilot study,
									by use of
				1 or more interstate telephone calls, emails, text messages, or electronic
				instant messages initiated either by a person who is conducting the plan,
				program, promotion, or campaign or by a prospective purchaser or contest or
				sweepstakes participant or charitable contributor, donor, or investor;
				and(2)does not include
				the solicitation of sales through the posting, publication, or mailing of a
				catalog that—
									(A)contains a
				written description or illustration of the goods or services offered for
				sale;
									(B)includes the
				business address of the seller;
									(C)includes multiple
				pages of written material or illustration; and
									(D)has been issued
				not less frequently than once a year,
									if the
				person making the solicitation does not solicit customers by telephone, email,
				text message, or electronic instant message, but only receives interstate
				telephone calls, emails, text messages, or electronic instant messages
				initiated by customers in response to the catalog and in response to those
				interstate telephone calls, emails, text messages, or electronic instant
				messages does not conduct further
				solicitation;;
				and
					(3)in section 2326,
			 in the matter preceding paragraph (1)—
						(A)by striking
			 or 1344 and inserting 1344, or 1347 or section 1128B of
			 the Social Security Act (42 U.S.C. 1320a–7b); and
						(B)by inserting
			 or email marketing after telemarketing.
						(b)Technical and
			 conforming amendmentThe table of chapters at the beginning of
			 part I of title 18, United States Code, is amended by striking the item
			 relating to chapter 113A and inserting the following:

							113A.Telemarketing and email marketing
				  fraud2325

						.
				102.Data
			 collectionThe Attorney
			 General, in consultation with the Secretary of Health and Human Services,
			 shall, on an annual basis—
				(1)collect from
			 Federal, State, and local law enforcement agencies and prosecutor offices
			 statistical data relating to the incidence of elder abuse, including data
			 relating to—
					(A)the number of
			 elder abuse cases referred to law enforcement agencies, adult protective
			 services, or any other State entity tasked with addressing elder abuse;
					(B)the number and
			 types of cases filed in Federal, State, and local courts; and
					(C)the outcomes of
			 the cases described in subparagraphs (A) and (B) and the reasons for such
			 outcomes;
					(2)identify common
			 data points among Federal, State, and local law enforcement agencies and
			 prosecutor offices that would allow for the collection of uniform national
			 data;
				(3)publish a summary
			 of the data collected under paragraphs (1) and (2);
				(4)identify—
					(A)the types of data
			 relevant to elder abuse that should be collected; and
					(B)what entity is
			 most capable of collecting the data described in subparagraph (A); and
					(5)develop
			 recommendations for collecting additional data relating to elder abuse.
				IICoordination of
			 civil protections and criminal prosecution as it relates to elder
			 justice
			201.Model States
			 laws and practicesThe
			 Attorney General, in consultation with the Secretary of Health and Human
			 Services and the Elder Justice Coordinating Council (established under section
			 2021 of the Social Security Act (42 U.S.C. 1397k)), shall—
				(1)create, compile,
			 evaluate, and disseminate materials and information, and provide the necessary
			 training and technical assistance, to assist States and units of local
			 government in—
					(A)investigating,
			 prosecuting, pursuing, preventing, understanding, and mitigating the impact
			 of—
						(i)physical, sexual,
			 and psychological abuse of elders;
						(ii)exploitation of
			 elders, including financial abuse and scams targeting elders; and
						(iii)neglect of
			 elders; and
						(B)assessing,
			 addressing, and mitigating the physical and psychological trauma to victims of
			 elder abuse;
					(2)collect data and
			 perform an evidence-based evaluation to—
					(A)assure the
			 efficacy of measures and methods intended to prevent, detect, respond to, or
			 redress elder abuse; and
					(B)evaluate the
			 number of victims of elder abuse in each State and the extent to which the
			 needs of the victims are served by crime victim services, programs, and sources
			 of funding;
					(3)publish a report,
			 on an annual basis, that describes the results of the evaluations conducted
			 under paragraphs (1) and (2), and submit the report to each Federal agency,
			 each State, and the Committee on the Judiciary and the Special Committee on
			 Aging of the Senate and the Committee on the Judiciary of the House of
			 Representatives;
				(4)evaluate training
			 models to determine best practices, create replication guides, create training
			 materials, if necessary, for law enforcement officers, prosecutors, judges,
			 emergency responders, individuals working in victim services, adult protective
			 services, social services, and public safety, medical personnel, mental health
			 personnel, financial services personnel, and any other individuals whose work
			 may bring them in contact with elder abuse regarding how to—
					(A)conduct
			 investigations in elder abuse cases;
					(B)address
			 evidentiary issues and other legal issues; and
					(C)appropriately
			 assess, respond to, and interact with victims and witnesses in elder abuse
			 cases, including in administrative, civil, and criminal judicial
			 proceedings;
					(5)conduct, and
			 update on a regular basis, a study of laws and practices relating to elder
			 abuse, neglect, and exploitation, including—
					(A)a comprehensive
			 description of State laws and practices;
					(B)an analysis of
			 the effectiveness of State laws and practices, including—
						(i)whether the State
			 laws are enforced; and
						(ii)if
			 enforced—
							(I)how the State
			 laws are enforced; and
							(II)how enforcement
			 of the State laws has effected elder abuse within the State;
							(C)a review of State
			 definitions of the terms abuse, neglect, and
			 exploitation in the context of elder abuse cases;
					(D)a review of State
			 laws that mandate reporting of elder abuse, including adult protective services
			 laws, laws that require the reporting of nursing home deaths or suspicious
			 deaths of elders to coroners or medical examiners, and other pertinent
			 reporting laws, that analyzes—
						(i)the
			 impact and efficacy of the State laws;
						(ii)whether the
			 State laws are enforced;
						(iii)the levels of
			 compliance with the State laws; and
						(iv)the response to,
			 and actions taken as a result of, reports made under the State laws;
						(E)a review of State
			 evidentiary, procedural, sentencing, choice of remedies, and data retention
			 issues relating to elder abuse, neglect, and exploitation;
					(F)a review of State
			 fiduciary laws, including law relating to guardianship, conservatorship, and
			 power of attorney;
					(G)a review of State
			 laws that permit or encourage employees of depository institutions (as defined
			 in section 3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(1))
			 and State credit unions (as defined in section 101 of the Federal Credit Union
			 Act (12 U.S.C. 1752)) to prevent and report suspected elder abuse, neglect, and
			 exploitation;
					(H)a review of State
			 laws used in civil court proceedings to prevent and address elder abuse;
					(I)a review of State
			 laws relating to fraud and related activities in connection with mail,
			 telemarketing, the Internet, or health care;
					(J)a review of State
			 laws that create programs, offices, entities, or other programs that address or
			 respond to elder abuse; and
					(K)an analysis of
			 any other State laws relating to elder abuse; and
					(6)carry out such
			 other duties as the Attorney General determines necessary in connection with
			 enhancing the understanding, prevention, detection, and response to elder
			 abuse.
				202.Civil
			 protection and criminal prosecution
				(a)Establishment
					(1)In
			 generalThe Attorney General, in cooperation with the Secretary
			 of Health and Human Services and the Legal Services Corporation, shall
			 establish a demonstration program to provide grants on an annual basis to not
			 more than 6 civil legal services entities that could prevent or provide
			 remedies for abuse, neglect, and exploitation and collaborate with other
			 organizations seeking to prevent, detect, and respond to elder abuse.
					(2)EligibilityGrants
			 awarded under paragraph (1) shall be provided to entities that demonstrate a
			 commitment to representation of elder abuse victims or potential victims and
			 participating in multidisciplinary and interagency efforts to combat elder
			 abuse.
					(b)RequirementsTo
			 receive a grant under this section an entity shall—
					(1)be an experienced
			 nonprofit legal services provider; and
					(2)propose or
			 demonstrate—
						(A)collaboration
			 with State or local aging, social, and human services and law enforcement
			 agencies;
						(B)partnership with
			 professionals with knowledge and experience relating to the criminal justice
			 system; and
						(C)methodology for
			 timely evidenced-based evaluation.
						(c)ReportNot
			 later than 6 months after the completion of the demonstration program under
			 this section, the Secretary shall submit to Congress a report on such program,
			 that includes the results of the program and recommendations for such
			 legislation and administrative action as the Attorney and Secretary determines
			 to be appropriate.
				(d)Authorization
			 of appropriationsThere are authorized to be appropriated to the
			 Attorney General such sums as are necessary for fiscal years 2013 through 2017
			 to carry out this section.
				IIIInterstate
			 initiatives
			301.Interstate
			 agreements and compactsThe
			 consent of Congress is given to any 2 or more States (acting through State
			 agencies with jurisdiction over adult protective services) to enter into
			 agreements or compacts for cooperative effort and mutual assistance—
				(1)in promoting the safety and well-being of
			 elders; and
				(2)in enforcing their respective laws and
			 policies to promote such safety and well-being.
				302.Recommendations
			 on interstate communicationThe Executive Director of the State Justice
			 Institute, in consultation with State or local aging, social, and human
			 services and law enforcement agencies and nationally recognized nonprofit
			 associations with expertise in data sharing among criminal justice agencies and
			 familiarity with the issues raised in elder exploitation cases, shall submit to
			 Congress legislative proposals relating to the facilitation of interstate
			 agreements and compacts.
			IVGAO
			 report
			401.GAO report to
			 assess cost of elder abuse on Federal programsNot later than 1 year after the date of
			 enactment of this Act, the Comptroller General of the United States, in
			 consultation with the Secretary of Health and Human Services, the Department of
			 Health and Human Services Office of the Inspector General, the Attorney
			 General, and the Chairman of the Federal Trade Commission, shall publish a
			 report reviewing any findings on the financial cost to the Federal Government
			 from the abuse and exploitation of elders.


IV
111th CONGRESS
2d Session
H. RES. 1030
In the House of Representatives, U. S.,

January 26, 2010

RESOLUTION
Congratulating Messiah College men’s and women’s soccer teams on winning the 2009 NCAA Division III national championships.

Whereas Messiah College men’s and women’s soccer teams won the 2009 NCAA Division III championships on December 5, 2009, against Calvin College and Washington University-St. Louis;
Whereas the 2009 championship was the seventh national championship for Messiah College men’s soccer team since 2000 and the third national championship for the women’s team since 2000;
Whereas Messiah College is the only college in the NCAA to win both the men's and women's soccer national championship in the same year;
Whereas Messiah College is a Christian liberal arts college that was founded in 1909 and is located in Grantham, Pennsylvania;
Whereas Messiah College has 22 intercollegiate athletic teams that have won 11 NCAA national championships; and
Whereas Messiah College encourages athletes to develop their athletic excellence and to develop character: Now, therefore, be it

That the House of Representatives—
(1)congratulates Messiah College men’s and women’s soccer teams on winning the 2009 NCAA Division III national championships; and
(2)recognizes Messiah College for excellence in academics, athletics, and character.

Lorraine C. Miller,Clerk.


110 S963 IS: To authorize the Secretary of Education to

U.S. Senate
2007-03-22
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.

		II
		110th CONGRESS
		1st Session
		S. 963
		IN THE SENATE OF THE UNITED STATES

			March 22, 2007
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To authorize the Secretary of Education to
		  make grants to educational organizations to carry out educational programs
		  about the Holocaust.

		1.Short titleThis Act may be cited as the Simon
			 Wiesenthal Holocaust Education Assistance Act.
		2.Findings and
			 purposes
			(a)FindingsThe Congress makes the following
			 findings:
				(1)The Holocaust was an historical event that
			 resulted in the systemic, state-sponsored mass murders by Nazi Germany of
			 approximately 6,000,000 Jews, along with millions of others, in the name of
			 racial purity.
				(2)Six States (California, Florida, Illinois,
			 Massachusetts, New Jersey, and New York) now mandate that the Holocaust be
			 taught in the educational curriculum, 11 States (Connecticut, Georgia, Indiana,
			 Nevada, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee,
			 Virginia, and Washington) recommend teaching the Holocaust but do not provide
			 sufficient funds to assist in the training and educating of teachers, and 3
			 States (Alabama, Mississippi, and West Virginia) have established councils or
			 commissions that promote Holocaust education.
				(3)The Holocaust is a sensitive and difficult
			 issue about which to teach, and to do so effectively, educators need
			 appropriate teaching tools and training to increase their knowledge to enhance
			 the educational experience.
				(b)PurposesThe purposes of this Act are the
			 following:
				(1)To educate Americans so that they
			 can—
					(A)explore the lessons that the Holocaust
			 provides for all people; and
					(B)be less susceptible to the falsehood of
			 Holocaust denial and to the destructive messages of hate that arise from
			 Holocaust denial.
					(2)To provide resources and support for
			 education programs that—
					(A)portray accurate historical information
			 about the Holocaust;
					(B)sensitize communities to the circumstances
			 that gave rise to the Holocaust;
					(C)convey the lessons that the Holocaust
			 provides for all people; and
					(D)by developing curriculum guides and
			 providing training, help teachers incorporate into their mainstream disciplines
			 the study of the Holocaust and its lessons.
					3.Authority to make
			 grantsFrom any amounts made
			 available to carry out this Act, the Secretary may make grants under this Act
			 to educational organizations to carry out proposed or existing Holocaust
			 education programs.
		4.Use of grant
			 amounts
			(a)In
			 GeneralAn educational
			 organization receiving grant amounts under this Act shall use such grant
			 amounts only to carry out the Holocaust education program for which the grant
			 amounts were provided.
			(b)RequirementsAn educational organization receiving grant
			 amounts under this Act shall comply with the following requirements:
				(1)Continuation of
			 eligibilityThe educational
			 organization shall, throughout the period that the educational organization
			 receives and uses such grant amounts, continue to be an educational
			 organization.
				(2)Supplementation
			 of existing fundsThe
			 educational organization shall ensure that such grant amounts are used to
			 supplement, and not supplant, non-Federal funds that would otherwise be
			 available to the educational organization to carry out the Holocaust education
			 program for which the grant amounts were provided.
				(c)Additional
			 ConditionsThe Secretary may
			 require additional terms and conditions in connection with the use of grant
			 amounts provided under this Act as the Secretary considers appropriate.
			5.Selection
			 criteria
			(a)In
			 GeneralThe Secretary shall
			 award grant amounts under this Act in accordance with competitive criteria to
			 be established by the Secretary.
			(b)Consultation
			 With Holocaust EducatorsIn
			 establishing the competitive criteria under subsection (a), the Secretary shall
			 consult with a variety of individuals, to be determined by the Secretary, who
			 are prominent educators in the field of Holocaust education.
			6.ApplicationThe Secretary may award grant amounts under
			 this Act only to an educational organization that has submitted an application
			 to the Secretary at such time, in such manner, and containing such information
			 as the Secretary may require.
		7.Review and
			 sanctions
			(a)Annual
			 ReviewThe Secretary shall
			 review at least annually each educational organization receiving grant amounts
			 under this Act to determine the extent to which the educational organization
			 has complied with the provisions of this Act.
			(b)Imposition of
			 SanctionsThe Secretary may
			 impose sanctions on an educational organization for any failure of the
			 educational organization to comply substantially with the provisions of this
			 Act. The Secretary shall establish the sanctions to be imposed for a failure to
			 comply substantially with the provisions of this Act.
			8.Annual
			 reportNot later than February
			 1 of each year, the Secretary shall submit to the Senate and House of
			 Representatives a report describing the activities carried out under this Act
			 and containing any related information that the Secretary considers
			 appropriate.
		9.DefinitionsFor purposes of this Act, the following
			 definitions shall apply:
			(1)Educational
			 organizationThe term
			 educational organization means an entity—
				(A)described in section 501(c)(3) of the
			 Internal Revenue Code of 1986;
				(B)exempt from tax under section 501(a) of the
			 Internal Revenue Code of 1986; and
				(C)organized and operated for cultural,
			 literary, or educational purposes.
				(2)Holocaust
			 education programThe term
			 Holocaust education program means a program that—
				(A)has as its specific and primary purpose to
			 improve awareness and understanding of the Holocaust; and
				(B)to achieve such purpose, furnishes one or
			 more of the following:
					(i)Classes, seminars, or conferences.
					(ii)Educational materials.
					(iii)Teacher training.
					(iv)Any other good or service designed to
			 improve awareness and understanding of the Holocaust.
					(3)HolocaustThe term Holocaust means the
			 historical event that resulted in the systemic, state-sponsored mass murders by
			 Nazi Germany of approximately 6,000,000 Jews, along with millions of others, in
			 the name of racial purity.
			(4)SecretaryThe term Secretary means the
			 Secretary of Education.
			10.RegulationsThe Secretary shall issue any regulations
			 necessary to carry out this Act.
		11.Authorization of
			 appropriationsFor grants
			 under this Act, there is authorized to be appropriated to the Secretary
			 $2,000,000 each fiscal year for five fiscal years, beginning with the first
			 fiscal year to commence after the date of enactment of this Act, to remain
			 available until expended.


		I
		111th CONGRESS
		1st Session
		H. R. 4135
		IN THE HOUSE OF REPRESENTATIVES

			November 19, 2009
			Ms. DeLauro (for
			 herself, Mr. Hare,
			 Mr. Hastings of Florida,
			 Mr. Tonko,
			 Ms. Norton,
			 Ms. Woolsey,
			 Ms. Linda T. Sánchez of California,
			 Mr. Nadler of New York,
			 Mr. Capuano, and
			 Ms. Jackson-Lee of Texas) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To keep Americans working by strengthening and expanding
		  short-time compensation programs that provide employers with an alternative to
		  layoffs.

		1.Short titleThis Act may be cited as the
			 Keep Americans Working
			 Act.
		2.PurposeThe purpose of this Act is to keep Americans
			 working by strengthening and expanding short-time compensation programs that
			 provide employers with an alternative to layoffs.
		3.Treatment of
			 short-time compensation programs
			(a)In
			 generalSection 3306 of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new subsection:

					(v)Short-Time
				compensation programFor purposes of this chapter, the term
				short-time compensation program means a program under
				which—
						(1)the participation
				of an employer is voluntary;
						(2)an employer
				reduces the number of hours worked by employees through certifying that such
				reductions are in lieu of temporary layoffs;
						(3)such employees
				whose workweeks have been reduced by at least 10 percent are eligible for
				unemployment compensation;
						(4)the amount of
				unemployment compensation payable to any such employee is a pro rata portion of
				the unemployment compensation which would be payable to the employee if such
				employee were totally unemployed;
						(5)such employees are
				not expected to meet the availability for work or work search test requirements
				while collecting short-time compensation benefits, but are required to be
				available for their normal workweek;
						(6)eligible employees
				may participate in an employer-sponsored training program to enhance job skills
				if such program has been approved by the State agency;
						(7)beginning on the
				date which is 2 years after the date of enactment of this subsection, the State
				agency shall require an employer to certify that continuation of health
				benefits and retirement benefits under a defined benefit pension plan (as
				defined in section 3(35) of the Employee Retirement Income Security Act of
				1974) is not affected by participation in the program;
						(8)the State agency
				shall require an employer (or an employer's association which is party to a
				collective bargaining agreement) to submit a written plan describing the manner
				in which the requirements of this subsection will be implemented and containing
				such other information as the Secretary of Labor determines is
				appropriate;
						(9)in the case of
				employees represented by a union, the appropriate official of the union has
				agreed to the terms of the employer’s written plan and implementation is
				consistent with employer obligations under the National Labor Relations Act;
				and
						(10)the program meets
				such other requirements as the Secretary of Labor determines
				appropriate.
						.
			(b)Assistance and
			 guidance in implementing programs
				(1)Assistance and
			 guidance
					(A)In
			 generalIn order to assist States in establishing, qualifying,
			 and implementing short-time compensation programs, as defined in section
			 3306(v) of the Internal Revenue Code of 1986 (as added by subsection (a)), the
			 Secretary of Labor (in this section referred to as the
			 Secretary) shall—
						(i)develop model
			 legislative language which may be used by States in developing and enacting
			 short-time compensation programs and shall periodically review and revise such
			 model legislative language;
						(ii)provide technical
			 assistance and guidance in developing, enacting, and implementing such
			 programs;
						(iii)establish
			 biannual reporting requirements for States, including number of averted
			 layoffs, number of participating companies and workers, and retention of
			 employees following participation; and
						(iv)award start-up
			 grants to State agencies under subparagraph (B).
						(B)Grants
						(i)In
			 generalThe Secretary shall award start-up grants to State
			 agencies that apply not later than September 30, 2010, in States that enact
			 short-time compensation programs after the date of enactment of this Act for
			 the purpose of creating such programs. The amount of such grants shall be
			 awarded depending on the costs of implementing such programs.
						(ii)EligibilityIn
			 order to receive a grant under clause (i) a State agency shall meet
			 requirements established by the Secretary, including any reporting requirements
			 under clause (iii). Each State agency shall be eligible to receive not more
			 than one such grant.
						(iii)ReportingThe
			 Secretary may establish reporting requirements for State agencies receiving a
			 grant under clause (i) in order to provide oversight of grant funds used by
			 States for the creation of short-time compensation programs.
						(iv)FundingThere
			 are appropriated, out of any moneys in the Treasury not otherwise appropriated,
			 to the Secretary, such sums as the Secretary certifies as necessary for the
			 period of fiscal years 2010 and 2011 to carry out this subparagraph.
						(2)TimeframeThe
			 initial model legislative language referred to in paragraph (1)(A) shall be
			 developed not later than 60 days after the date of enactment of this
			 Act.
				(c)Reports
				(1)Initial
			 reportNot later than 4 years after the date of enactment of this
			 Act, the Secretary shall submit to Congress and to the President a report or
			 reports on the implementation of this section. Such report or reports shall
			 include—
					(A)a study of
			 short-time compensation programs;
					(B)an analysis of the
			 significant impediments to State enactment and creation of such programs;
			 and
					(C)such
			 recommendations as the Secretary determines appropriate.
					(2)Subsequent
			 reportsAfter the submission of the report under paragraph (1),
			 the Secretary may submit such additional reports on the implementation of
			 short-time compensation programs as the Secretary deems appropriate.
				(3)FundingThere
			 are appropriated, out of any moneys in the Treasury not otherwise appropriated,
			 to the Secretary, $1,500,000 to carry out this subsection, to remain available
			 without fiscal year limitation.
				(d)Conforming
			 amendments
				(1)Internal Revenue
			 Code of 1986
					(A)Subparagraph (E)
			 of section 3304(a)(4) of the Internal Revenue Code of 1986 is amended to read
			 as follows:

							(E)amounts may be
				withdrawn for the payment of short-time compensation under a short-time
				compensation program (as defined in section
				3306(v));
							.
					(B)Subsection (f) of
			 section 3306 of the Internal Revenue Code of 1986 is amended—
						(i)by
			 striking paragraph (5) (relating to short-term compensation) and inserting the
			 following new paragraph:

								(5)amounts may be
				withdrawn for the payment of short-time compensation under a short-time
				compensation program (as defined in subsection
				(v));
								,
				and
						(ii)by
			 redesignating paragraph (5) (relating to self-employment assistance program) as
			 paragraph (6).
						(2)Social Security
			 ActSection 303(a)(5) of the Social Security Act is amended by
			 striking the payment of short-time compensation under a plan approved by
			 the Secretary of Labor and inserting the payment of short-time
			 compensation under a short-time compensation program (as defined in section
			 3306(v) of the Internal Revenue Code of 1986).
				(3)RepealSubsections
			 (b) through (d) of section 401 of the Unemployment Compensation Amendments of
			 1992 (26 U.S.C. 3304 note) are repealed.
				(e)Effective
			 dateThe amendments made by this section shall take effect on the
			 date of enactment of this Act.
			4.Temporary
			 financing of certain short-time compensation programs
			(a)Payments to
			 States with certified programs
				(1)In
			 generalNot later than 30 days after the date of enactment of
			 this Act, the Secretary shall establish a program under which the Secretary
			 shall make payments to any State unemployment trust fund to be used for the
			 payment of unemployment compensation if the Secretary approves an application
			 for certification submitted under paragraph (3) for such State to operate a
			 short-time compensation program (as defined in section 3306(v) of the Internal
			 Revenue Code of 1986 (as added by section 3(a))) which requires the maintenance
			 of health and retirement employee benefits as described in paragraph (7) of
			 such section 3306(v), notwithstanding the otherwise effective date of such
			 requirement.
				(2)Full
			 reimbursementSubject to subsection (d), the payment to a State
			 under paragraph (1) shall be an amount equal to 100 percent of the total amount
			 of benefits paid to individuals by the State pursuant to the short-time
			 compensation program during the period—
					(A)beginning on the
			 date a certification is issued by the Secretary with respect to such program;
			 and
					(B)ending on
			 September 30, 2011.
					(3)Certification
			 requirements
					(A)In
			 generalAny State seeking full reimbursement under this
			 subsection shall submit an application for certification at such time, in such
			 manner, and complete with such information as the Secretary may require
			 (whether by regulation or otherwise), including information relating to
			 compliance with the requirements of paragraph (7) of such section 3306(v). The
			 Secretary shall, within 30 days after receiving a complete application, notify
			 the State agency of the State of the Secretary’s findings with respect to the
			 requirements of such paragraph (7).
					(B)FindingsIf
			 the Secretary finds that the short-time compensation program operated by the
			 State meets the requirements of such paragraph (7), the Secretary shall certify
			 such State's short-time compensation program thereby making such State eligible
			 for full reimbursement under this subsection.
					(b)Timing of
			 application submittalsNo application under subsection (a)(3) may
			 be considered if submitted before the date of enactment of this Act or after
			 the latest date necessary (as specified by the Secretary) to ensure that all
			 payments under this section are made before September 30, 2011.
			(c)Terms of
			 paymentsPayments made to a State under subsection (a)(1) shall
			 be payable by way of reimbursement in such amounts as the Secretary estimates
			 the State will be entitled to receive under this section for each calendar
			 month, reduced or increased, as the case may be, by any amount by which the
			 Secretary finds that the Secretary's estimates for any prior calendar month
			 were greater or less than the amounts which should have been paid to the State.
			 Such estimates may be made on the basis of such statistical, sampling, or other
			 method as may be agreed upon by the Secretary and the State agency of the State
			 involved.
			(d)Limitations
				(1)General payment
			 limitationsNo payments shall be made to a State under this
			 section for benefits paid to an individual by the State pursuant to a
			 short-time compensation program that is in excess of 26 weeks of
			 benefits.
				(2)Employer
			 limitationsNo payments shall be made to a State under this
			 section for benefits paid to an individual by the State pursuant to a
			 short-time compensation program if such individual is employed by an
			 employer—
					(A)whose workforce
			 during the 3 months preceding the date of the submission of the employer's
			 short-time compensation plan has been reduced by temporary layoffs of more than
			 20 percent;
					(B)on a seasonal,
			 temporary, or intermittent basis; or
					(C)engaged in a labor
			 dispute.
					(3)Program payment
			 limitationIn making any payments to a State under this section
			 pursuant to a short-time compensation program, the Secretary may limit the
			 frequency of employer participation in such program.
				(e)Charging
			 ruleUnder a short-time compensation program reimbursed under
			 this section, a State may require short-time compensation benefits paid to an
			 individual to be charged to a participating employer regardless of the base
			 period charging rule.
			(f)Retention
			 requirement
				(1)In
			 generalA participating employer under this section is required
			 to comply with the terms of the written plan approved by the State agency and
			 act in good faith to retain participating employees, and the State shall, in
			 the event of any violation, require such employer to repay to the State a sum
			 based on the amount expended by the State under the program as a result of that
			 violation.
				(2)Oversight and
			 monitoringThe Secretary shall establish an oversight and
			 monitoring process by regulation by which State agencies will ensure that
			 participating employers comply with the requirements of paragraph (1).
				(3)Penalty
			 remittanceIn the case of any State which receives reimbursement
			 under this section, if such State determines that a violation of paragraph (1)
			 has occurred, the State shall transfer an appropriate amount to the United
			 States of the repayment the State required of the employer pursuant to such
			 paragraph.
				(g)FundingThere
			 are appropriated, from time to time, out of any moneys in the Treasury not
			 otherwise appropriated, to the Secretary, such sums as the Secretary certifies
			 are necessary to carry out this section (including to reimburse any additional
			 administrative expenses incurred by the States in operating such short-time
			 compensation programs).
			(h)Definition of
			 StateIn this section, the term State includes the
			 District of Columbia, the Commonwealth of Puerto Rico, and the Virgin
			 Islands.


110 HR 4991 IH: Vaccine Shortage Preparedness Act of

U.S. House of Representatives
2008-01-16
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
		2d Session
		H. R. 4991
		IN THE HOUSE OF REPRESENTATIVES

			January 16, 2008
			Mr. Waxman (for
			 himself and Ms. Roybal-Allard)
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the Social Security Act, the Federal Food, Drug,
		  and Cosmetic Act, and the Public Health Service Act to ensure a sufficient
		  supply of vaccines, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Vaccine Shortage Preparedness Act of
			 2008.
		2.Sales from
			 6-month supplySection
			 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)) is amended by
			 inserting before the last sentence the following: The Secretary may sell
			 such quantities of vaccines from such supply to public health departments or
			 back to the vaccine manufacturers as the Secretary determines appropriate.
			 Proceeds received from such sales shall be available to the Secretary only for
			 the purposes of procuring pediatric vaccine stockpiles under this section and
			 shall remain available until expended..
		3.One-year notice
			 on discontinuing manufacture of vaccineSubchapter A of chapter V of the Federal
			 Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting
			 after section 506C the following section:

				506D.Discontinuance
				of vaccine
					(a)In
				general
						(1)Notice to
				secretaryA manufacturer of a vaccine approved by the Secretary
				shall notify the Secretary of a discontinuance of the manufacture of the
				vaccine at least 12 months prior to the date of the discontinuance.
						(2)Director of
				centers for disease control and preventionPromptly after
				receiving a notice under paragraph (1), the Secretary shall inform the Director
				of the Centers for Disease Control and Prevention of the notice. Promptly after
				determining that a reduction under subsection (b) applies with respect to such
				a notice, the Secretary shall inform such Director of the reduction.
						(3)Relationship to
				separate notice programIn the case of a vaccine that is approved
				by the Secretary and is a drug described in section 506C(a), this section
				applies to the vaccine in lieu of section 506C.
						(b)Reduction in
				notification periodThe notification period required under
				subsection (a) for a manufacturer may be reduced if the manufacturer certifies
				to the Secretary that good cause exists for the reduction, such as a situation
				in which—
						(1)a public health
				problem may result from continuation of the manufacturing for the 12-month
				period;
						(2)a biomaterials
				shortage prevents the continuation of the manufacturing for the 12-month
				period;
						(3)a liability
				problem may exist for the manufacturer if the manufacturing is continued for
				the 12-month period;
						(4)continuation of the
				manufacturing for the 12-month period may cause substantial economic hardship
				for the manufacturer; or
						(5)the manufacturer
				has filed for bankruptcy under chapter 7 or 11 of title 11, United States
				Code.
						(c)DistributionTo
				the maximum extent practicable, the Secretary shall distribute information on
				the discontinuation of the manufacture of vaccines to appropriate physician and
				patient
				organizations.
					.
		4.Certain
			 authorities regarding influenza and other vaccines
			(a)AuthoritiesPart B of title III of the Public Health
			 Service Act (42 U.S.C. 243 et seq.) is amended—
				(1)by redesignating
			 section 317A as section 317A–1; and
				(2)by inserting after
			 section 317 the following section:

						317A.Certain
				authorities regarding influenza and other vaccines
							(a)DeclarationThe Secretary may declare a public health
				emergency if—
								(1)there is a shortage
				of an approved vaccine for an infectious disease; and
								(2)there is a
				significant risk of a significant outbreak of such disease.
								(b)RequirementIf
				the Secretary publishes in the Federal Register a declaration of a public
				health emergency under subsection (a), each person who is a manufacturer or
				distributor of such vaccine shall provide to the Secretary such information as
				the Secretary may require with respect to the location of supplies of the
				vaccine, including supplies in the possession of the person, supplies scheduled
				to be received by the person, and supplies sold by the person. Any such person
				who fails to comply with an order of the Secretary under the preceding sentence
				is liable to the United States for a civil penalty not exceeding $1,000 for
				each day for which the person is in violation of the order.
							(c)Availability to
				States
								(1)In
				generalSubject to paragraph (2), the Secretary shall, at the
				request of a State, provide to the State information collected by the Secretary
				under subsection (b).
								(2)Restriction;
				confidentialityThe Secretary may provide to a State information
				collected by the Secretary under subsection (b) only if the State
				agrees—
									(A)to restrict its
				use of the information to facilitating access to vaccines; and
									(B)to otherwise keep
				such information
				confidential.
									.
				(b)Study on
			 reallocation of vaccineNot later than 1 year after the date of
			 the enactment of this Act, the Secretary of Health and Human Services shall
			 complete a study and submit a report to the Congress on successful models and
			 alternatives for tracking and facilitating, in consultation with State and
			 local health officials, reallocation of vaccine at the local level in times of
			 shortage or emergency.


115 S249 ES: To direct the Secretary of State to develop a strategy to regain observer status for Taiwan in the World Health Organization, and for other purposes.
U.S. Senate

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.

116th CONGRESS2d SessionS. 249IN THE SENATE OF THE UNITED STATESAN ACTTo direct the Secretary of State to develop a strategy to regain observer status for Taiwan in the World Health Organization, and for other purposes.1.Participation of Taiwan in the World Health Organization(a)FindingsCongress makes the following findings:(1)The World Health Organization (WHO) is a specialized agency of the United Nations, charged with coordinating health efforts within the United Nations system. The World Health Assembly (WHA) is the decision-making body of the WHO, which convenes annually in May to set the policies and priorities of the organization. Statehood is not a requirement for attendance at the WHA, and numerous observers, including non-members and non-governmental organizations, attended the most recent WHA in May 2018.(2)Taiwan began seeking to participate in the WHO as an observer in 1997. In 2009, with strong support from successive United States Administrations, Congress, and like-minded WHO Member States, and during a period of improved Cross-Strait relations, Taiwan received an invitation to attend the WHA as an observer under the name Chinese Taipei. Taiwan received the same invitation each year until 2016, when following the election of President Tsai-Ing Wen of the Democratic Progressive Party, Taiwan’s engagement in the international community began facing increased resistance from the People’s Republic of China (PRC). Taiwan’s invitation to the 2016 WHA was received late and included new language conditioning Taiwan’s participation on the PRC’s one China principle. In 2017 and 2018, Taiwan did not receive an invitation to the WHA.(3)Taiwan remains a model contributor to world health, having provided financial and technical assistance to respond to numerous global health challenges. Taiwan has invested over $6,000,000,000 in international medical and humanitarian aid efforts impacting over 80 countries since 1996. In 2014, Taiwan responded to the Ebola crisis by donating $1,000,000 and providing 100,000 sets of personal protective equipment. Through the Global Cooperation and Training Framework, the United States and Taiwan have jointly conducted training programs for experts to combat MERS, Dengue Fever, and Zika. These diseases know no borders, and Taiwan’s needless exclusion from global health cooperation increases the dangers presented by global pandemics.(4)Taiwan’s international engagement has faced increased resistance from the PRC. Taiwan was not invited to the 2016 Assembly of the International Civil Aviation Organization (ICAO), despite participating as a guest at the organization’s prior summit in 2013. Taiwan’s requests to participate in the General Assembly of the International Criminal Police Organization (INTERPOL) have also been rejected. In May 2017, PRC delegates disrupted a meeting of the Kimberley Process on conflict diamonds held in Perth, Australia, until delegates from Taiwan were asked to leave. Since 2016, the Democratic Republic of São Tomé and Príncipe, the Republic of Panama, the Solomon Islands, the Republic of Kiribati, the Dominican Republic, Burkina Faso, and the Republic of El Salvador have terminated longstanding diplomatic relationships with Taiwan and granted diplomatic recognition to the PRC. (5)Congress has established a policy of support for Taiwan’s participation in international bodies that address shared transnational challenges, particularly in the WHO. Congress passed H.R. 1794 in the 106th Congress, H.R. 428 in the 107th Congress, and S. 2092 in the 108th Congress to direct the Secretary of State to establish a strategy for, and to report annually to Congress on, efforts to obtain observer status for Taiwan at the WHA. Congress also passed H.R. 1151 in the 113th Congress, directing the Secretary to report on a strategy to gain observer status for Taiwan at the ICAO Assembly, and H.R. 1853 in the 114th Congress, directing the Secretary to report on a strategy to gain observer status for Taiwan at the INTERPOL Assembly. However, since 2016 Taiwan has not received an invitation to attend any of these events as an observer.(b)Augmentation of report concerning the participation of Taiwan in the World Health Organization(1)In generalSubsection (c) of section 1 of Public Law 108–235 (118 Stat. 656) is amended by adding at the end the following new paragraph:(3)An account of the changes and improvements the Secretary of State has made to the United States plan to endorse and obtain observer status for Taiwan at the World Health Assembly, following any annual meetings of the World Health Assembly at which Taiwan did not obtain observer status..(2)Effective dateThe amendment made by paragraph (1) shall take effect and apply beginning with the first report required under subsection (c) of section 1 of Public Law 108–235 that is submitted after the date of the enactment of this Act.2.Briefing on United States strategy regarding Taiwan’s international recognition(a)In generalNot later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for three years, the Secretary of State, or the Secretary's designee, shall provide to the appropriate congressional committees a briefing on actions taken by the United States to reaffirm and strengthen Taiwan’s official and unofficial diplomatic relationships.(b)ElementsThe briefing required by subsection (a) shall include the following elements:(1)A description of the actions taken by the United States commencing May 20, 2016, to consult with governments around the world, including the governments that maintain official diplomatic relations with Taiwan, with the purpose of inducing those governments to maintain official diplomatic relations with Taiwan or otherwise strengthen unofficial relations with Taiwan.(2)An enumeration of specific countries of concern, if any, and a description of the actions taken, or actions anticipated, by those governments, commencing May 20, 2016, to alter the formal diplomatic ties with Taiwan or to otherwise downgrade official or unofficial relations.(3)A plan of action to engage with the governments of the countries identified in paragraphs (1) and (2) and increase cooperation with respect to Taiwan.(c)Appropriate congressional committeesIn this section, the term appropriate congressional committees means—(1)the Committee on Foreign Relations of the Senate; and(2)the Committee on Foreign Affairs of the House of Representatives.3.Sense of Congress on the implementation of the Asia Reassurance Initiative ActIt is the sense of Congress that the full and timely implementation of section 209 of the Asia Reassurance Initiative Act (Public Law 115–409), which reiterates longstanding bipartisan United States policy, is critical to demonstrate United States support for Taiwan.Passed the Senate May 11, 2020.Secretary


114 SCON 30 RS: Expressing concern over the disappearance of David Sneddon, and for other purposes.
U.S. Senate
2016-02-10
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.

IIICalendar No. 709114th CONGRESS2d SessionS. CON. RES. 30IN THE SENATE OF THE UNITED STATESFebruary 10, 2016Mr. Lee (for himself, Mr. Hatch, Mrs. Fischer, Mr. Sasse, Mr. Rubio, Mr. Flake, Mr. Gardner, Mr. Coons, and Mr. Sullivan) submitted the following concurrent resolution; which was referred to the Committee on Foreign RelationsDecember 7, 2016Reported by Mr. Corker, without amendmentCONCURRENT RESOLUTIONExpressing concern over the disappearance of David Sneddon, and for other purposes.

 Whereas David Louis Sneddon is a United States citizen who disappeared while touring the Yunnan Province in the People’s Republic of China as a university student on August 14, 2004, at the age of 24;
 Whereas David had last reported to family members prior to his disappearance that he intended to hike the Tiger Leaping Gorge in the Yunnan Province before returning to the United States and had placed a down payment on student housing for the upcoming academic year, planned business meetings, and scheduled law school entrance examinations in the United States for the fall;
 Whereas People's Republic of China officials have reported to the Department of State and the family of David that he most likely died by falling into the Jinsha River while hiking the Tiger Leaping Gorge, although no physical evidence or eyewitness testimony exists to support this conclusion;
 Whereas there is evidence indicating that David did not fall into the river when he traveled through the gorge, including eyewitness testimonies from people who saw David alive and spoke to him in person after his hike, as recorded by members of David’s family and by embassy officials from the Department of State in the months after his disappearance;
 Whereas family members searching for David shortly after he went missing obtained eyewitness accounts that David stayed overnight in several guesthouses during and after his safe hike through the gorge, and these guesthouse locations suggest that David disappeared after passing through the gorge, but the guest registers recording the names and passport numbers of foreign overnight guests could not be accessed;
 Whereas Chinese officials have reported that evidence does not exist that David was a victim of violent crime, or a resident in a local hospital, prison, or mental institution at the time of his disappearance, and no attempt has been made to use David’s passport since the time of his disappearance, nor has any money been withdrawn from his bank account since that time;
 Whereas David Sneddon is the only United States citizen to disappear without explanation in the People’s Republic of China since the normalization of relations between the United States and China during the administration of President Richard Nixon;
 Whereas investigative reporters and nongovernmental organizations with expertise in the Asia-Pacific region, and in some cases particular expertise in the Asian Underground Railroad and North Korea’s documented program to kidnap citizens of foreign nations for espionage purposes, have repeatedly raised the possibility that the Government of the Democratic People’s Republic of Korea (DPRK) was involved in David’s disappearance; and
 Whereas investigative reporters and nongovernmental organizations who have reviewed David’s case believe it is possible that the Government of North Korea was involved in David’s disappearance because—
 (1)the Yunnan Province is regarded by regional experts as an area frequently trafficked by North Korean refugees and their support networks, and the Government of the People's Republic of China allows North Korean agents to operate throughout the region to repatriate refugees, such as prominent North Korean defector Kang Byong-sop and members of his family who were captured near the China-Laos border just weeks prior to David’s disappearance;
 (2)in 2002, North Korean officials acknowledged that the Government of North Korea has carried out a policy since the 1970s of abducting foreign citizens and holding them captive in North Korea for the purpose of training its intelligence and military personnel in critical language and culture skills to infiltrate foreign nations;
 (3)Charles Robert Jenkins, a United States soldier who deserted his unit in South Korea in 1965 and was held captive in North Korea for nearly 40 years, left North Korea in July 2004 (one month before David disappeared in China) and Jenkins reported that he was forced to teach English to North Korean intelligence and military personnel while in captivity;
 (4)David Sneddon is fluent in the Korean language and was learning Mandarin, skills that could have been appealing to the Government of North Korea after Charles Jenkins left the country;
 (5)tensions between the United States and North Korea were heightened during the summer of 2004 due to recent approval of the North Korean Human Rights Act of 2004 (Public Law 108–333) that increased United States aid to refugees fleeing North Korea, prompting the Government of North Korea to issue a press release warning the United States to drop its hostile policy;
 (6)David Sneddon’s disappearance fits a known pattern often seen in the abduction of foreigners by the Government of North Korea, including the fact that David disappeared the day before North Korea’s Liberation Day patriotic national holiday, and the Government of North Korea has a demonstrated history of provocations near dates it deems historically significant;
 (7)a well-reputed Japanese non-profit specializing in North Korean abductions shared with the United States its expert analysis in 2012 about information it stated was received from a reliable source that a United States university student largely matching David Sneddon’s description was taken from China by North Korean agents in August 2004; and
 (8)commentary published in the Wall Street Journal in 2013 cited experts looking at the Sneddon case who concluded that it is most probable that a U.S. national has been abducted to North Korea, and there is a strong possibility that North Korea kidnapped the American: Now, therefore, be it—

 that Congress— (1)expresses its ongoing concern about the disappearance of David Louis Sneddon in Yunnan Province, People’s Republic of China, in August, 2004;
 (2)directs the Department of State and the intelligence community to jointly continue investigations and to consider all plausible explanations for David’s disappearance, including the possibility of abduction by the Government of the Democratic People’s Republic of Korea;
 (3)urges the Department of State and the intelligence community to coordinate investigations with the Governments of the People's Republic of China, Japan, and South Korea and solicit information from appropriate regional affairs and law enforcement experts on plausible explanations for David’s disappearance;
 (4)encourages the Department of State and the intelligence community to work with foreign governments known to have diplomatic influence with the Government of the Democratic People’s Republic of Korea to better investigate the possibility of the involvement of the Government of the Democratic People’s Republic of Korea in David Sneddon’s disappearance and to possibly seek his recovery; and
 (5)requests that the Department of State and the intelligence community continue to work with and inform Congress and the family of David Sneddon on efforts to possibly recover David and to resolve his disappearance.December 7, 2016Reported without amendment


110 HR 100 IH: Veterans’ Equity in Education Act of 2007
U.S. House of Representatives
2007-01-04
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. 100
IN THE HOUSE OF REPRESENTATIVES

January 4, 2007
Mrs. Davis of California introduced the following bill; which was referred to the  Committee on Education and Labor

A BILL
To amend the Higher Education Act of 1965 to prevent veterans’ contributions to education benefits from reducing Federal student financial assistance.

1.Short titleThis Act may be cited as the Veterans’ Equity in Education Act of 2007.
2.Treatment of veterans’ education benefits in estimated financial assistance calculationSection 480(j) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended by adding at the end the following new paragraph:

(4)Notwithstanding paragraph (1), for the first year a student receives veterans’ education benefits under chapter 30 of title 38, United States Code, the amount of such veterans’ education benefits that is treated as estimated financial assistance not received under this title for the purposes of section 471(3) shall be calculated by subtracting the amount that the student’s basic pay was reduced under section 3011(b) or 3012(c) of such title in order to be eligible to receive such benefits from the amount of such veterans’ education benefits..
3.Effective DateThe amendment made by section 2 shall take effect on July 1, 2007.


110 HR 6244 IH: To amend the Homeland Security Act of 2002 to direct the

U.S. House of Representatives
2008-06-11
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
		2d Session
		H. R. 6244
		IN THE HOUSE OF REPRESENTATIVES

			June 11, 2008
			Mr. Thompson of
			 Mississippi introduced the following bill; which was referred to the
			 Committee on Homeland
			 Security

		A BILL
		To amend the Homeland Security Act of 2002 to direct the
		  Secretary of Homeland Security to issue regulations that require that any award
		  fee under a cost-plus-award-fee contract entered into by the Department of
		  Homeland Security shall be determined and paid based on a successful
		  acquisition outcome that is specified in the contract, and for other
		  purposes.

		1.Regulations regarding award
			 fees under contracts of the Department of Homeland Security
			(a)Regulations
			 requiredSubtitle D of title
			 VIII of the Homeland Security Act of 2008 is amended by adding at the end the
			 following:

					836.Regulations
				regarding award fees
						(a)In
				generalThe Secretary shall
				issue regulations that require that any award fee under a cost-plus-award-fee
				contract entered into by the Department shall be determined and paid based on a
				successful acquisition outcome that is specified in the contract in terms of
				cost, schedule, and performance.
						(b)ApplicationThe
				regulations issued under this section shall apply with respect to any contract
				that is awarded or renewed by the Department after the end of the 30-day period
				beginning on the date of the enactment of this section.
						(c)DefinitionsIn this section each of the terms
				cost-plus-award-fee contract and award fee has
				the meaning that term has under subpart 16.405–1 of the Federal Acquisition
				Regulation, as in effect on the date of the enactment of this
				section.
						.
			(b)DeadlineThe
			 Secretary shall issue regulations under the amendment made by subsection (a) by
			 not later than 30 days after the date of the enactment of this Act.
			(c)Clerical
			 amendmentThe table of contents in section 1(b) of such Act is
			 amended by inserting after the item relating to section 835 the
			 following:

						Sec. 836. Regulations regarding award
				fees.

					.


113 HR 975 IH: Servicemember Mental Health Review Act
U.S. House of Representatives
2013-03-05
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
		1st Session
		H. R. 975
		IN THE HOUSE OF REPRESENTATIVES

			March 5, 2013
			Mr. Walz (for
			 himself, Mr. Jones,
			 Ms. Tsongas,
			 Mr. Rooney,
			 Ms. Pingree of Maine, and
			 Mr. Denham) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services

		A BILL
		To amend title 10, United States Code, to extend the
		  duration of the Physical Disability Board of Review and to expand the authority
		  of such Board to review the separation of members of the Armed Forces on the
		  basis of a mental condition not amounting to disability, including separation
		  on the basis of a personality or adjustment disorder.

		1.Short titleThis Act may be cited as the
			 Servicemember Mental Health Review
			 Act.
		2.Findings
			(1)Since September 11, 2001, approximately
			 30,000 veterans have been separated from the Armed Forces on the basis of a
			 personality disorder or adjustment disorder.
			(2)Nearly all veterans who are separated on
			 the basis of a personality or adjustment disorder are prohibited from accessing
			 service-connected disability compensation, disability severance pay, and
			 disability retirement pay.
			(3)Many veterans who are separated on the
			 basis of a personality or adjustment disorder are unable to find employment
			 because of the personality disorder or adjustment
			 disorder label on their Certificate of Release or Discharge from Active
			 Duty.
			(4)The Government Accountability Office has
			 found that the regulatory compliance of the Department of Defense in separating
			 members of the Armed Forces on the basis of a personality or adjustment
			 disorder was as low as 40 percent between 2001 and 2007.
			(5)Expansion of the authority of the Physical
			 Disability Board of Review to include review of the separation of members of
			 the Armed Forces on the basis of a mental condition not amounting to
			 disability, including separation on the basis of a personality or adjustment
			 disorder, is warranted in order to ensure that any veteran wrongly separated on
			 such basis will have the ability to access disability benefits and employment
			 opportunities available to veterans.
			3.Review by
			 Physical Disability Board of Review of military separation on basis of a mental
			 condition not amounting to disability
			(a)Members entitled
			 To review by Physical Disability Board of ReviewSection 1554a of
			 title 10, United States Code, is amended—
				(1)in subsection
			 (a)(1), by striking disability determinations of covered individuals by
			 Physical Evaluation Boards and inserting disability and
			 separation determinations regarding certain members and former members of the
			 armed forces described in subsection (b); and
				(2)by striking
			 subsection (b) and inserting the following new subsection:

						(b)Covered
				individualsFor purposes of
				this section, covered individuals are members and former members of the armed
				forces who—
							(1)during the period beginning on September
				11, 2001, and ending on December 31, 2014, are separated from the armed forces
				due to unfitness for duty because of a medical condition with a disability
				rating of 20 percent disabled or less and are found to be not eligible for
				retirement; or
							(2)before December 31, 2014, are separated
				from the armed forces due to unfitness for duty because of a mental condition
				not amounting to disability, including separation on the basis of a personality
				disorder or adjustment
				disorder.
							.
				(b)Nature and scope
			 of reviewSuch section is further amended—
				(1)by redesignating
			 subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;
			 and
				(2)by inserting after
			 subsection (c) the following new subsection (d):

						(d)Review of
				separations due to unfitness for duty because of a mental condition not
				amounting to disability(1)Upon the request of a covered individual
				described in paragraph (2) of subsection (b), or a surviving spouse, next of
				kin, or legal representative of a covered individual described in such
				paragraph, the Physical Disability Board of Review shall review the findings
				and decisions of the Physical Evaluation Board with respect to such covered
				individual. In addition, the Physical Disability Board of Review may review,
				upon its own motion, the findings and decisions of the Physical Evaluation
				Board with respect to a covered individual described in such paragraph.
							(2)Whenever a review is conducted under
				paragraph (1), the members of the Physical Disability Board of Review must
				include at least one licensed psychologist and one licensed psychiatrist who
				has not had any fiduciary responsibility to the Department of Defense since
				December 31, 2001.
							(3)In conducting the review under paragraph
				(1), the Physical Disability Board of Review shall consider—
								(A)the findings of the psychologist or
				psychiatrist of the Department of Defense who diagnosed the mental
				condition;
								(B)the findings and decisions of the
				separation authority with respect to the covered individual; and
								(C)whether the separation authority
				correctly followed the process for separation as set forth in law, including
				Department of Defense regulations, directives, and policies.
								(4)The review by the Physical Disability Board
				of Review under paragraph (1) shall be based on the records of the Department
				of Defense and the Department of Veterans Affairs and such other evidence as
				may be presented to the Physical Disability Board of Review. The board shall
				consider any and all evidence to be considered, including private mental health
				records submitted by the covered individual in support of the claim.
							(5)If the Physical Disability Board of Review
				proposes, upon its own motion, to conduct a review under paragraph (1) with
				respect to a covered individual, the board shall notify the covered individual,
				or a surviving spouse, next of kin, or legal representative of the covered
				individual, of the proposed review and obtain the consent of the covered
				individual or a surviving spouse, next of kin, or legal representative of the
				covered individual before proceeding with the review.
							(6)After the Physical Disability Board of
				Review has completed the review under this subsection with respect to the
				separation of a covered individual, the board must provide the claimant with a
				statement of reasons concerning the board’s decision. The covered individual
				has the right to raise with the board a motion for reconsideration if—
								(A)new evidence can be presented that
				would address the issues raised in the board’s statement of reasons; or
								(B)the board has made a plain error in making
				its
				recommendation.
								.
				(c)Correction of
			 military recordsSubsection
			 (f) of such section, as redesignated by subsection (b)(1), is amended to read
			 as follows:

					(f)Correction of
				military records(1)The Secretary of the military department
				concerned shall correct the military records of a covered individual in
				accordance with the recommendation made by the Physical Disability Board of
				Review under subsection (e) unless the Secretary determines that the board has
				made a clearly erroneous recommendation. Any such correction shall be made
				effective as of the date of the separation of the covered individual.
						(2)In the case of a covered individual
				previously separated with a lump-sum or other payment of back pay and
				allowances at separation, the amount of pay or other monetary benefits to which
				such individual would be entitled based on the individual’s military record as
				corrected shall be adjusted to take into account receipt of such lump-sum or
				other payment in such manner as the Secretary of the military department
				concerned considers appropriate.
						(3)If the Physical Disability Board of Review
				makes a recommendation not to correct the military records of a covered
				individual, the action taken on the report of the Physical Evaluation Board to
				which such recommendation relates shall be treated as final as of the date of
				such
				action.
						.
			(d)Conforming
			 amendmentsSuch section is further amended—
				(1)in subsection
			 (c)—
					(A)by inserting after
			 Review the following:
			 of separations due to
			 unfitness for duty because of medical condition with a low disability
			 rating; and
					(B)in paragraph
			 (1)—
						(i)by
			 inserting described in paragraph (1) of subsection (b) after
			 a covered individual the first place it appears;
						(ii)by inserting described in such
			 paragraph after a covered individual the second place it
			 appears; and
						(iii)by
			 striking the second sentence and inserting the following new sentence:
			 In addition, the Physical Disability Board of Review may review, upon
			 its own motion, the findings and decisions of the Physical Evaluation Board
			 with respect to a covered individual described in such paragraph.;
			 and
						(2)in subsection (e),
			 as redesignated by subsection (b)(1), by striking under subsection
			 (c) and inserting conducted under subsection (c) or
			 (d).
				(e)Notification of
			 new availability of review
				(1)Notification
			 requirementIn the case of
			 individuals described in subsection (b)(2) of section 1554a of title 10, United
			 States Code, as amended by subsection (a), who have been separated from the
			 Armed Forces during the period beginning on September 11, 2001, and ending on
			 the date of the enactment of this Act or who are separated after that date, the
			 Secretary of Defense shall ensure, to the greatest extent practicable, that
			 such individuals receive oral and written notification of their right to a
			 review of their separation from the Armed Forces under such section
			 1554a.
				(2)ComplianceThe Secretary of the military department
			 with jurisdiction over the Armed Force in which the individual served
			 immediately before separation shall be responsible for providing to the
			 individual the notification required by paragraph (1). The Secretary of Defense
			 shall monitor compliance with this notification requirement and promptly notify
			 Congress of any failures to comply.
				(3)Legal
			 counselThe notification
			 required by paragraph (1) shall—
					(A)inform the individual of the right to
			 obtain legal or non-legal counsel to represent the individual before the
			 Physical Disability Board of Review; and
					(B)include a list of
			 organizations that may provide such counsel at no cost to the
			 individual.
					(f)Clerical
			 amendments
				(1)Section
			 headingThe heading of such
			 section is amended to read as follows:

						1554a.Physical
				Disability Board of Review: review of separations with disability rating of 20
				percent or less and separations on basis of mental condition not amounting to
				disability
						.
				(2)Table of
			 sectionsThe table of sections at the beginning of chapter 79 of
			 such title is amended by striking the item relating to section 1554a and
			 inserting the following new item:

							1554a. Physical Disability Board of
				Review: review of separations with disability rating of 20 percent or less and
				separations on basis of mental condition not amounting to
				disability.

						.