Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Total Health Requires Improved
Vaccination Efforts Act of 2005'' or the ``THRIVE Act of 2005''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Since the 1990s, the United States has achieved and
        maintained high levels of childhood immunization, yet certain
        problems persist within the national immunization system. Data
        from the Centers for Disease Control indicate the following:
                    (A) Immunization coverage rates among adults are
                well below those achieved among children.
                    (B) Significant racial and ethnic disparities exist
                between coverage rates among adults.
                    (C) Many at-risk adults are not getting the
                vaccines they need to prevent diseases such as
                influenza, pneumococcal pneumonia and hepatitis B.
            (2) Vaccine-preventable diseases in adults cause a
        staggering number of deaths and illnesses each year. Research
        shows that the following applies each year in the United
        States:
                    (A) 200,000 individuals are hospitalized due to
                influenza complications and approximately 36,000 will
                die.
                    (B) 33,000 people suffer from invasive pneumococcal
                disease and 5,000 will die.
                    (C) 80,000 individuals become newly infected with
                hepatitis B, and of these 5,000 will die.
                    (D) Pneumonia and influenza together are the sixth
                leading cause of death among older adults.
            (3) The Centers for Disease Control and Prevention
        (``CDC'') estimates that the overall cost to the Nation from
        these vaccine-preventable diseases of adults exceeds $10
        billion per year.
            (4) Recommended adult immunizations are cost effective and
        would produce significant savings for the health care system of
        the United States. According to current research and CDC
        statistics:
                    (A) Influenza vaccine saves $14.71 per person
                vaccinated between the ages of 18 and 63.
                    (B) Influenza vaccine saves $182 in medical costs
                for each person vaccinated aged 65 or over.
                    (C) Pneumococcal vaccine saves $8.87 in medical
                costs per person vaccinated aged 65 or over.
                    (D) Hepatitis B vaccine saves $100 million in
                medical costs for every 1 million high-risk adults
                vaccinated.
            (5) The shortage of influenza vaccine for the 2004-2005
        season revealed a number of weaknesses in the adult
        immunization infrastructure in the United States: insufficient
        vaccine to meet demand; uneven distribution of vaccine; and
        impaired abilities to administer vaccine to those in greatest
        need. Such problems undermine public health and confidence in
        the public health system, create confusion and uncertainty, and
        destabilize the vaccine market place.
            (6) These deficiencies in adult immunization in the United
        States are further exacerbated by decreasing Federal and State
        resources for immunizations:
                    (A) The Federal budget for immunizations has
                decreased over the last five years, shifting more of
                the immunization infrastructural costs to states
                already facing budget shortfalls.
                    (B) With most currently available State and Federal
                immunization resources directed toward childhood
                immunization, adult immunization policies and programs
                are increasingly at risk.
                    (C) The diminishing resource base compromises the
                abilities of State health departments to collect data
                about adult immunization, assess immunization rates and
                conduct and implement strategic planning to protect
                adults from vaccine-preventable diseases.
            (7) There is, therefore, a vital need to enhance the
        Nation's efforts to protect adults against vaccine-preventable
        diseases. Establishing a strong and effective adult
        immunization infrastructure in the Unites States makes good
        sense:
                    (A) From a public health perspective it will better
                prepare the health care system for an anticipated
                influenza pandemic.
                    (B) From a homeland security preparedness stance it
                will enable the public health community to respond more
                quickly and effectively to biological threats.
                    (C) From a biomedical standpoint it will encourage
                American adults to capitalize on newly developed
                vaccines for other diseases such as cervical cancer and
                shingles.
            (8) There are proven ways to bolster the adult immunization
        system:
                    (A) Rigorous studies have shown that removing
                financial barriers increases vaccination rates among
                adults.
                    (B) Measuring how well providers deliver
                immunizations increases vaccination rates.
                    (C) Existing performance measurement systems are
                excellent incentives to ensure that health care workers
                are immunized against infectious diseases that could
                potentially spread to vulnerable patients.
                    (D) Health education campaigns are proven ways to
                positively impact immunization behaviors.

SEC. 3. CENTERS FOR DISEASE CONTROL AND PREVENTION; PROGRAM FOR
              INCREASING IMMUNIZATION RATES FOR ADULTS.

    (a) Activities of Centers for Disease Control and Prevention.--
Section 317(j) of the Public Health Service Act (42 U.S.C. 247b(j)) is
amended by adding at the end the following paragraphs:
    ``(3)(A) For the purpose of carrying out activities toward
increasing immunization rates for adults through the immunization
program under this subsection, and for the purpose of carrying out
subsection (k)(2), there are authorized to be appropriated $75,000,000
for fiscal year 2006, and such sums as may be necessary for each of the
fiscal years 2007 through 2010. Such authorization is in addition to
amounts available under paragraphs (1) and (2) for such purposes.
    ``(B) In expending amounts appropriated under subparagraph (A), the
Secretary shall give priority to adults who are medically underserved
and are at risk for vaccine-preventable diseases.
    ``(C) The purposes for which amounts appropriated under
subparagraph (A) are available include (with respect to immunizations
for adults) payment of the costs of storing vaccines, outreach
activities to inform individuals of the availability of the
immunizations, and other program expenses necessary for the
establishment or operation of immunization programs carried out or
supported by States or other public entities pursuant to this
subsection.
    ``(D)(i) Of the amounts appropriated under subparagraph (A), the
Secretary may, for three consecutive fiscal years during the fiscal
years 2006 through 2010, reserve in the aggregate for such three years
not more than $25,000,000 to make grants to not more than four States
for the purpose of carrying out demonstration projects to provide
immunizations against influenza to individuals who are in the age group
19 through 64, are uninsured with respect to such vaccine, and are at
high risk with respect to influenza.
    ``(ii) In making grants pursuant to clause (i), the Secretary shall
give preference to any State that--
            ``(I) has a low rate of adult immunizations for influenza
        and pneumococcus among populations that are at high risk with
        respect to such diseases; or
            ``(II) has a racial or ethnic minority group for which
        there is a significant disparity in the rate of adult
        immunizations for influenza and pneumococcus as compared to the
        general population of the State.
    ``(iii) A grant may be made pursuant to clause (i) only if the
State involved agrees that, before the demonstration project under such
clause begins providing immunizations, the State will, for purposes of
determining the effects of the project, make an estimate of the rate of
immunizations with influenza vaccine in the population that will be
served by the project.
    ``(iv) Upon the request of a State that will carry out a
demonstration project under clause (i), the Secretary shall provide
technical assistance to the State with respect to making the estimate
described in clause (iii) and with respect to identifying intervention
and comparison sites for the project.
    ``(v) For purposes of this subparagraph:
            ``(I) An individual shall be considered to be uninsured
        with respect to influenza vaccine if the individual does not
        have benefits with respect to the cost of such vaccine under a
        health insurance policy or plan (including a group health plan,
        a prepaid health plan, or an employee welfare benefit plan
        under the Employee Retirement Income Security Act of 1974).
            ``(II) With respect to influenza, an individual shall be
        considered to be at high risk if the individual meets the high-
        risk criteria identified by the Advisory Committee on
        Immunization Practices (an advisory committee established by
        the Secretary).
    ``(4)(A) The Secretary shall annually submit to the Congress a
report that--
                    ``(i) evaluates the extent to which the
                immunization system in the United States has been
                effective in providing for adequate immunization rates
                for adults, taking into account the applicable year
                2010 health objectives established by the Secretary
                regarding the health status of the people of the United
                States; and
                    ``(ii) describes any issues identified by the
                Secretary that may affect such rates.
    ``(B) For each fiscal year for which demonstration projects under
paragraph (3)(D) are being carried out, the report under subparagraph
(A) shall include information on--
            ``(i) the effectiveness of the projects in increasing the
        rate of immunizations with influenza vaccine in the populations
        involved;
            ``(ii) demographic information on the individuals to whom
        the projects have provided immunizations (including with
        respect to race and ethnicity); and
            ``(iii) the types of health care entities that have been
        involved in the projects.
    ``(5) In carrying out this subsection and paragraphs (1) and (2) of
subsection (k), the Secretary shall consider recommendations regarding
immunizations that are made in reports issued by the Institute of
Medicine.''.
    (b) Research, Demonstrations, and Education.--Section 317(k) of the
Public Health Service Act (42 U.S.C. 247b(k)) is amended--
            (1) by redesignating paragraphs (2) through (4) as
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following
        paragraph:
    ``(2)(A) The Secretary, directly or through grants under paragraph
(1), shall provide for the following:
            ``(i) The Secretary shall coordinate with public and
        private entities (including nonprofit private entities), and
        develop and disseminate guidelines, toward the goal of ensuring
        that immunizations are routinely offered to adults by public
        and private health care providers.
            ``(ii) The Secretary shall cooperate with public and
        private entities to obtain information for the annual
        evaluations required in subsection (j)(4)(A)(i).
    ``(B)(i) The Secretary, directly or through grants under paragraph
(1), shall provide for a campaign of education on the importance of
adults receiving immunizations. Such campaign shall have--
            ``(I) a component directed toward the general public;
            ``(II) a component or components directed toward health
        professionals, providers of health insurance and plans, and
        employers; and
            ``(III) components directed toward particular populations
        for which the rate of immunizations is low relative to the
        general population.
    ``(ii) In carrying out the campaign under clause (i), the Secretary
shall seek to use innovative educational methods, and shall seek to
meet the following goals:
            ``(I) Increase the demand for immunizations.
            ``(II) Correct misconceptions and unjustified concerns
        about the safety of vaccines.
            ``(III) Promote the inclusion in health insurance and plans
        of coverage of immunizations for adults.
            ``(IV) Promote the use of evidence-based approaches for
        improving the rate of immunizations.
    ``(iii) The Secretary shall provide for an evaluation, including
through surveys, of the effects of the campaign under clause (i) on the
knowledge, attitudes, and practices of the populations described in
subclauses (I) through (III) of such clause.''.

SEC. 4. MEDICARE AND MEDICAID PROGRAMS; STANDARDS TO MEASURE USAGE AND
              COVERAGE OF ADULT IMMUNIZATIONS.

    (a) In General.--The Secretary of Health and Human Services, acting
through the Administrator of the Centers for Medicare & Medicaid
Services, shall establish standards for the measurement of use by
beneficiaries under the medicare and medicaid programs of adult
immunizations for influenza.
    (b) Study for Use of Standards as a Quality Measure.--The
Secretary, acting through the Administrator of the Centers for Medicare
& Medicaid Services, shall conduct a study to determine the feasibility
and advisability of including adult immunization for influenza by
medicare and medicaid beneficiaries, as a performance measure under
quality initiatives conducted by the Secretary under the medicare and
medicaid programs.
    (c) Measurement of Usage by Health Care Workers.--The Secretary,
acting through the Administrator of the Centers for Medicare & Medicaid
Services, shall establish standards for the measurement of use by
health care workers, as defined by the Secretary for purposes of this
section, working in a provider of services (as defined in section
1861(u) of the Social Security Act (42 U.S.C. 1395x(u)) of adult
immunizations for influenza.
    (d) Assessment of Best Practices to Improve Coverage of Adult
Immunizations.--The Secretary of Health and Human Services, acting
through the Agency for Healthcare Research and Quality, shall conduct a
study of the best practices of health insurers and managed care
organizations to encourage the use of adult immunizations for influenza
by enrollees of such insurers and organizations, such as informed
refusal and other interventions.

SEC. 5. STUDY ON ADULT IMMUNIZATION FOR INFLUENZA FOR HEALTH CARE
              WORKERS AS A QUALITY INDICATOR FOR PURPOSES OF
              ACCREDITATION.

    (a) Study.--The Secretary of Health and Human Services shall
conduct a study to determine the feasibility and advisability of
including as a requirement of accreditation of a provider of services
(as defined in section 1861(u) of the Social Security Act (42 U.S.C.
1395x(u)) compliance with recommended adult immunizations, including
influenza, for all health care workers employed by the provider of
services. Any such requirement should include a provision for informed
refusal by the health care worker of the immunization and appropriate
documentation of usage and refusal of such immunizations.
    (b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the study conducted under subsection (a), and shall include in that
report a description of the difficulties of implementing such a
requirement as well as recommendations for the resolution of those
difficulties.

SEC. 6. FEHBP COVERAGE OF QUALIFIED IMMUNIZATION SERVICES.

    (a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following:
    ``(p)(1) A contract may not be made or a plan approved which does
not (A) offer qualified immunization services to eligible enrollees,
and (B) provide for the waiver of any deductible that might otherwise
apply with respect to any such services provided to any such enrollee.
    ``(2) For purposes of this subsection--
            ``(A) the term `qualified immunization services' means--
                    ``(i) pneumococcal vaccine and its administration;
                and
                    ``(ii) influenza vaccine and its administration;
                and
            ``(B) the term `eligible enrollee', as used with respect to
        a health benefits plan, means an individual enrolled in such
        plan under this chapter who is 18 years of age or older and who
        is at high risk of contracting pneumonia or influenza, as
        determined under criteria of the Advisory Committee on
        Immunization Practices or another similar body (as identified
        by the Office).''.
    (b) Effective Date.--The amendment made by this section shall apply
to services provided under any contract entered into or renewed for any
contract year beginning later than 9 months after the date of the
enactment of this Act.

Output:
Total Health Requires Improved Vaccination Efforts Act of 2005 or the THRIVE Act of 2005 - Amends the Public Health Service Act to expand the Center for Disease Control's adult immunization program by: (1) authorizing additional appropriations for activities to increase immunizations rates for adults; and (2) making grants to states for demonstrations projects to provide influenza immunizations to uninsured adults at high risk for influenza.

Requires the Secretary of Health and Human Services to: (1) develop and disseminate guidelines to ensure that immunizations are routinely offered to adults by health care providers; and (2) provide for an educational campaign on the importance of adult immunizations.

Requires the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to: (1) establish standards for adult influenza immunizations under the Medicare and Medicaid programs; (2) determine the feasibility and advisability of including such immunizations as a performance measure under program quality initiatives; and (3) establish standards for immunizations for influenza of health care workers.

Requires the Secretary, acting through the Agency for Healthcare Research and Quality (AHRQ), to study the best practices of health insurers and managed care organizations to encourage the use of adult immunizations for influenza by enrollees.

Requires the Secretary to determine the feasibility and advisability of requiring compliance with recommendations for immunizations for all health care workers for provider accreditation.

Prohibits a contract or plan under the federal employees health benefit program from being made or approved which does not offer and waive the deductible for pneumococcal and influenza immunization services to high risk adult enrollees.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Workforce Improvement and
Jobs Protection Act''.

SEC. 2. EXEMPTING ALIENS EARNING MASTER'S OR HIGHER DEGREE IN UNITED
              STATES FROM NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended by adding at the end the following:
    ``(9) For any fiscal year, the applicable numerical limitation
contained in paragraph (1)(A) shall not apply to any nonimmigrant alien
issued a visa or otherwise provided status under section
101(a)(15)(H)(i)(b) who has earned a master's or higher degree from an
institution of higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))), until the number of
aliens who are exempted from such numerical limitation during such year
exceeds 20,000.''.

SEC. 3. MAKING PERMANENT CERTAIN REQUIREMENTS AND AUTHORITIES WITH
              RESPECT TO H-1B NONIMMIGRANTS.

    (a) Attestation Requirements.--Section 212(n)(1)(E)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended
by striking ``subparagraph, and before October 1, 2003,'' and inserting
``subparagraph''.
    (b) Fee.--Section 214(c)(9)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ``before October 1,
2003''.
    (c) Department of Labor Investigative Authorities.--Section
413(e)(2) of the American Competitiveness and Workforce Improvement Act
of 1998 (8 U.S.C. 1182 note) is repealed.
    (d) Effective Dates.--
            (1) Attestation requirements.--The amendment made by
        subsection (a) shall apply to applications under section
        212(n)(1) of the Immigration and Nationality Act filed on or
        after the date that is 30 days after the date of the enactment
        of this Act.
            (2) Fee.--The amendment made by subsection (b) shall apply
        to petitions under section 214(c) of the Immigration and
        Nationality Act filed on or after the date that is 30 days
        after the date of the enactment of this Act.
            (3) Department of labor investigative authority.--The
        amendment made by subsection (c) shall take effect on the date
        of the enactment of this Act.

SEC. 4. FRAUD PREVENTION AND DETECTION FEE.

    (a) Imposition of Fee.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the
following:
    ``(12)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention and
detection fee on an employer filing a petition under paragraph (1)--
            ``(i) initially to grant an alien nonimmigrant status
        described in subparagraph (H)(i)(b) or (L) of section
        101(a)(15); or
            ``(ii) to obtain authorization for an alien having such
        status to change employers.
    ``(B) In addition to any other fees authorized by law, the
Secretary of State shall impose a fraud prevention and detection fee on
an alien filing an application abroad for a visa authorizing admission
to the United States as a nonimmigrant described in section
101(a)(15)(L), if the alien is covered under a blanket petition
described in paragraph (2)(A).
    ``(C) The amount of the fee imposed under subparagraph (A) or (B)
shall be $500.
    ``(D) The fee imposed under subparagraph (A) or (B) shall only
apply to principal aliens and not to the spouses or children who are
accompanying or following to join such principal aliens.
    ``(E) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(v).''.
    (b) Establishment of Account; Use of Fees.--Section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
the end the following:
    ``(v) H-1B and L Fraud Prevention and Detection Account.--
            ``(1) In general.--There is established in the general fund
        of the Treasury a separate account, which shall be known as the
        `H-1B and L Fraud Prevention and Detection Account'.
        Notwithstanding any other provision of law, there shall be
        deposited as offsetting receipts into the account all fees
        collected under section 214(c)(12).
            ``(2) Use of fees to combat fraud.--
                    ``(A) Secretary of state.--One-third of the amounts
                deposited into the H-1B and L Fraud Prevention and
                Detection Account shall remain available to the
                Secretary of State until expended for programs and
                activities at United States embassies and consulates
                abroad--
                            ``(i) to increase the number diplomatic
                        security personnel assigned exclusively to the
                        function of preventing and detecting fraud by
                        applicants for visas described in subparagraph
                        (H)(i) or (L) of section 101(a)(15);
                            ``(ii) otherwise to prevent and detect such
                        fraud pursuant to the terms of a memorandum of
                        understanding or other cooperative agreement
                        between the Secretary of State and the
                        Secretary of Homeland Security; and
                            ``(iii) upon request by the Secretary of
                        Homeland Security, to assist such Secretary in
                        carrying out the fraud prevention and detection
                        programs and activities described in
                        subparagraph (B).
                    ``(B) Secretary of homeland security.--One-third of
                the amounts deposited into the H-1B and L Fraud
                Prevention and Detection Account shall remain available
                to the Secretary of Homeland Security until expended
                for programs and activities to prevent and detect fraud
                with respect to petitions under paragraph (1) or (2)(A)
                of section 214(c) to grant an alien nonimmigrant status
                described in subparagraph (H)(i) or (L) of section
                101(a)(15).
                    ``(C) Secretary of labor.--One-third of the amounts
                deposited into the H-1B and L Fraud Prevention and
                Detection Account shall remain available to the
                Secretary of Labor until expended for enforcement
                programs and activities described in section 212(n).
                    ``(D) Consultation.--The Secretary of State, the
                Secretary of Homeland Security, and the Secretary of
                Labor shall consult one another with respect to the use
                of the funds in the H-1B and L Fraud Prevention and
                Detection Account.''.
    (c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and the fees imposed
under such amendments shall apply to petitions under section 214(c) of
the Immigration and Nationality Act, and applications for nonimmigrant
visas under section 222 of such Act, filed on or after the date that is
90 days after the date of the enactment of this Act.

SEC. 5. ENSURING INTEGRITY OF VISAS FOR INTRACOMPANY TRANSFEREES.

    (a) Nonimmigrant L-1 Visa Category.--
            (1) In general.--Section 214(c)(2) of the Immigration and
        Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at
        the end the following:
    ``(F) An alien who will serve in a capacity involving specialized
knowledge with respect to an employer for purposes of section
101(a)(15)(L) and will be stationed primarily at the worksite of an
employer other than the petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for classification under
section 101(a)(15)(L) if--
            ``(i) the alien will be controlled and supervised
        principally by such unaffiliated employer; or
            ``(ii) the placement of the alien at the worksite of the
        unaffiliated employer is part of an arrangement merely to
        provide labor for the unaffiliated employer rather than in
        connection with the provision of a product or service for which
        specialized knowledge specific to the petitioning employer is
        necessary.''.
            (2) Applicability.--The amendment made by paragraph (1)
        shall apply to petitions filed on or after the effective date
        of this section, whether for initial, extended, or amended
        classification.
    (b) Requirement for Prior Continuous Employment for Certain
Intracompany Transferees.--
            (1) In general.--Section 214(c)(2)(A) of the Immigration
        and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by
        striking the last sentence (relating to reduction of the 1-year
        period of continuous employment abroad to 6 months).
            (2) Applicability.--The amendment made by paragraph (1)
        shall apply only to petitions for initial classification filed
        on or after the effective date of this section.
    (c) Maintenance of Statistics.--
            (1) In general.--The Secretary of Homeland Security shall
        maintain statistics regarding petitions filed, approved,
        extended, and amended with respect to nonimmigrants described
        in section 101(a)(15)(L) of the Immigration and Nationality Act
        (8 U.S.C. 1101(a)(15)(L)), including the number of such
        nonimmigrants who are classified on the basis of specialized
        knowledge and the number of nonimmigrants who are classified on
        the basis of specialized knowledge in order to work primarily
        at offsite locations.
            (2) Applicability.--Paragraph (1) shall apply to petitions
        filed on or after the effective date of this section.
    (d) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act.

Output:
American Workforce Improvement and Jobs Protection Act - Amends the Immigration and Nationality Act to exempt up to 20,000 aliens holding a master's or higher degree from the numerical limitation on H-1B (temporary employment in a specialty occupation) nonimmigrants in any fiscal year.

Makes permanent: (1) the attestation requirement concerning nondisplacement of U.S. workers applicable to H-1B-dependent employers and willful violators; (2) the filing fee applicable to H-1B petitioners; and (3) the Secretary of Labor's authority under the American Competitiveness and Workforce Improvement Act to investigate an employer's alleged failure to meet specified labor attestation conditions (by repealing a sunset provision in that Act).

Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on H-1B or L (intracompany business personnel) petitioners for use in combating fraud and carrying out labor attestation enforcement activities. Establishes an H-1B and L Fraud Prevention and Detection Account for the deposit of such fees.

Renders ineligible for L visa status those aliens who will serve in a capacity involving specialized knowledge at the worksite of an employer other than the petitioning employer or its affiliate if: (1) the alien will be controlled principally by the unaffiliated employer; or (2) the placement with the unaffiliated employer is part of an arrangement merely to provide labor rather than to use the alien's specialized knowledge.

Eliminates the current reduction in the continuous employment requirement for aliens seeking L visa status pursuant to an employer's blanket petition.

Requires the Secretary of Homeland Security to maintain statistics regarding L visa petitions.


Input:
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Veterans
Adjudication Procedures Act of 1993''.
    (b) References to Title 38, United States Code.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.

SEC. 2. WORK RATE STANDARDS FOR ADJUDICATIVE EMPLOYEES.

    (a) In General.--(1) Chapter 7 is amended by adding at the end the
following new section:
``Sec. 713. Work rate standards for adjudicative employees
    ``(a) The Secretary shall provide that under the work rate
standards that apply to employees of the Department who adjudicate
claims for benefits that have been submitted to the Secretary, those
employees do not receive credit for work on a claim until the decision
on the claim becomes final. Such a decision shall not be considered to
have become final until the claimant has exhausted, or failed to timely
exercise, the right to appellate review by the Board of Veterans'
Appeals.''.
    (2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:

``713. Work rate standards for adjudicative employees.''.
    (b) Effective Date.--Section 713 of title 38, United States Code,
as added by subsection (a), shall apply with respect to claims for
benefits that are submitted to the Secretary of Veterans Affairs after
the end of the 180-day period beginning on the date of the enactment of
this Act.

SEC. 3. ANNUAL REPORT ON STATUS OF CLAIMS FOR BENEFITS.

    (a) In General.--(1) Chapter 5 is amended by inserting after
section 529 the following new section:
``Sec. 530. Annual report on status of claims for benefits
    ``(a) The Secretary shall submit to Congress an annual report on
the status of claims for benefits before the Department during the
preceding fiscal year. The report for any fiscal year shall be
submitted in conjunction with the report under section 7101(d) of this
title for that year.
    ``(b)(1) Each report under subsection (a) shall separately set
forth, with regard to claims for benefits in which a decision of the
agency of original jurisdiction or the Board of Veterans' Appeals
became final during the preceding fiscal year, the average number of
days that passed from the date on which the claim was initially
received by the Department until the following dates, as applicable:
            ``(A) The date on which the notice of decision was provided
        to the claimant, for those cases in which the claimant did not
        file a timely notice of disagreement (along with the number of
        such cases).
            ``(B) The date on which the statement of the case was
        provided to the claimant, for those cases in which the claimant
        filed a timely notice of disagreement, and the agency of
        original jurisdiction did not conduct a hearing, and the
        claimant did not file a timely substantive appeal to the Board
        of Veterans' Appeals (along with the number of such cases).
            ``(C) The date on which the statement of the case was
        provided to the claimant or the date on which the notice of the
        decision rendered after the conduct of a hearing of the agency
        of original jurisdiction, whichever is later, for those cases
        in which the claimant filed a timely notice of disagreement,
        and agency of original jurisdiction conducted a hearing, and
        the claimant did not file a timely substantive appeal to the
        Board of Veterans' Appeals (along with the number of such
        cases).
            ``(D) The date on which the notice of the Board of
        Veterans' Appeals decision was provided to the claimant, for
        those cases in which the Board of Veterans' Appeals did not
        remand to the agency of original jurisdiction before issuing
        its decision and neither the agency of original jurisdiction
        nor the Board of Veterans' Appeals conducted a formal hearing
        (along with the number of such cases).
            ``(E) The date on which the notice of the Board of
        Veterans' Appeals decision was provided to the claimant, for
        those cases in which the agency of original jurisdiction
        conducted a hearing, and the Board of Veterans' Appeals issued
        a decision on the appeal of the claim without conducting a
        formal hearing and without remanding the appeal to the agency
        of original jurisdiction before issuing its decision (along
        with the number of such cases).
            ``(F) The date on which the notice of the Board of
        Veterans' Appeals decision was provided to the claimant, for
        those cases in which the agency of original jurisdiction
        conducted a hearing and the Board of Veterans' Appeals issued a
        decision on the appeal of the claim after conducting a formal
        hearing and without remanding the appeal to the agency of
        original jurisdiction before issuing its decision (along with
        the number of such cases).
            ``(G) The date on which the notice of the Board of
        Veterans' Appeals decision was provided to the claimant, for
        those cases in which the agency of original jurisdiction did
        not conduct a hearing, and the Board of Veterans' Appeals
        issued a decision on the appeal of the claim after conducting a
        formal hearing and without remanding the appeal to the agency
        of original jurisdiction before issuing its decision (along
        with the number of such cases).
            ``(H) The date on which the notice of the Board of
        Veterans' Appeals final decision was provided to the claimant,
        for those cases in which the Board of Veterans' Appeals did not
        conduct a formal hearing and remanded the case on one or more
        occasions to the agency of original jurisdiction before issuing
        its final decision (along with the number of such cases).
            ``(I) The date on which the notice of the Board of
        Veterans' Appeals final decision was provided to the claimant,
        for those cases in which the Board of Veterans' Appeals
        conducted a formal hearing and remanded the case on one or more
        occasions to the agency of original jurisdiction before issuing
        its final decision (along with the number of such cases).
    ``(2) Each report under subsection (a) shall also set forth the
number of claims for benefits pending a final decision as of the end of
the fiscal year preceding the submission of the report.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 529 the
following new item:

``530. Annual report on status of claims for benefits.''.
    (b) Effective Date.--(1) Section 530 of title 38, United States
Code, as added by subsection (a), shall apply only with respect to
claims for benefits that are received by the Secretary of Veterans
Affairs more than 180 days after the date of the enactment of this Act.
    (2) The Secretary of Veterans Affairs shall submit the first annual
report under subsection (a) of such section 530, as so added, for the
third fiscal year ending after the date of the enactment of this Act.

SEC. 4. OFFICIALS DETERMINING ORIGINAL AND REOPENED CLAIMS FOR
              BENEFITS.

    (a) In General.--Subchapter I of chapter 51 is amended by adding at
the end the following new section:
``Sec. 5109A. Officials acting on behalf of the Secretary
    ``(a) The functions of the Secretary under this chapter in making
determinations on a claim for benefits filed under this chapter shall
be carried out in each case by a single official (known as a `rating
official'). A single rating official (rather than a board of officials)
shall make the initial determination of the Secretary on all original
and reopened claims filed with the Secretary.
    ``(b) Whenever a hearing is requested following a decision of a
rating official denying (in whole or in part) a claim for benefits, the
official who conducts the hearing shall make a determination in the
case without referring the case back to the rating official who
initially decided the case (or another rating official) and shall issue
a decision on the case in the manner prescribed in section 5104 of this
title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5109 the following new item:

``5109A. Officials acting on behalf of the Secretary.''.

SEC. 5. BOARD OF VETERANS' APPEALS PROCEDURES.

    (a) Termination of Action by BVA Through Sections.--(1) Sections
7102 and 7103 are amended to read as follows:
``Sec. 7102. Decisions by the Board
    ``A proceeding instituted before the Board shall be assigned to an
individual member of the Board (other than the Chairman). A member who
is assigned a proceeding shall make a determination thereon, including
any motion filed in connection therewith. The member shall make a
report under section 7104(d) of this title on any such determination,
which report shall constitute the member's final disposition of the
proceeding.
``Sec. 7103. Reconsideration; correction of obvious errors
    ``(a) The decision of the member of the Board determining a matter
under section 7102 of this title is final unless the Chairman orders
reconsideration of the case. Such an order may be made on the
Chairman's initiative or upon motion of the claimant.
    ``(b) If the Chairman orders reconsideration in a case, the case
shall upon reconsideration be heard by a section of the Board. Any such
section shall consist of not less than three members of the Board (and
may include the Chairman). The member of the Board who made the
decision under reconsideration may not serve as a member of the
section.
    ``(c) When a case is heard by a section of the Board after such an
order for reconsideration, the decision of a majority of the members of
the section shall constitute the final decision of the Board.
    ``(d) The Board on its own motion may correct an obvious error in
the record, without regard to whether there has been a motion or order
for reconsideration.''.
    (2) The items relating to sections 7102 and 7103 in the table of
sections at the beginning of chapter 71 are amended to read as follows:

``7102. Decisions by the Board.
``7103. Reconsideration; correction of obvious errors.''.
    (b) Conforming Amendments.--(1) Section 7110 is amended by striking
out ``section'' both places it appears and inserting in lieu thereof
``member''.
    (2)(A) The heading of section 7110 is amended to read as follows:
``Sec. 7110. Traveling members''.
    (B) The item relating to section 7110 in the table of sections at
the beginning of chapter 71 is amended to read as follows:

``7110. Traveling members.''.

SEC. 6. REVISION OF DECISIONS BASED ON CLEAR AND UNMISTAKABLE ERROR.

    (a) Original Decisions.--(1) Chapter 51 is amended by inserting
after section 5109A, as added by section 4, the following new section:
``Sec. 5109B. Revision of decisions on grounds of clear and
              unmistakable error
    ``(a) A decision by the Secretary under this chapter is subject to
revision on the grounds of clear and unmistakable error. If evidence
establishes the error, the prior decision shall be reversed or revised.
    ``(b) For the purposes of authorizing benefits, a rating or other
adjudicative decision that constitutes a reversal or revision of a
prior decision on the grounds of clear and unmistakable error has the
same effect as if the rating or decision had been made on the date of
the prior decision.
    ``(c) Review to determine whether clear and unmistakable error
exists in a case may be instituted by the Secretary on the Secretary's
own motion or upon request of the claimant.
    ``(d) A request for revision of a decision of the Secretary based
on clear and unmistakable error may be made at any time after that
decision is made.
    ``(e) Such a request shall be submitted to the Secretary and shall
be decided in the same manner as any other claim.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5109A, as added
by section 4, the following new item:

``5109B. Revision of decisions on grounds of clear and unmistakable
                            error.''.
    (b) BVA Decisions.--(1) Chapter 71 is amended by adding at the end
the following new section:
``Sec. 7111. Revision of decisions on grounds of clear and unmistakable
              error
    ``(a) A decision by the Board is subject to revision on the grounds
of clear and unmistakable error. If evidence establishes the error, the
prior decision shall be reversed or revised.
    ``(b) For the purposes of authorizing benefits, a rating or other
adjudicative decision of the Board that constitutes a reversal or
revision of a prior decision of the Board on the grounds of clear and
unmistakable error has the same effect as if the rating or decision had
been made on the date of the prior decision.
    ``(c) Review to determine whether clear and unmistakable error
exists in a case may be instituted by the Board on the Board's own
motion or upon request of the claimant.
    ``(d) A request for revision of a decision of the Board based on
clear and unmistakable error may be made at any time after that
decision is made.
    ``(e) Such a request shall be submitted directly to the Board and
shall be decided by the Board on the merits, without referral to any
adjudicative or hearing official acting on behalf of the Secretary.
    ``(f) A claim filed with the Secretary that requests reversal or
revision of a previous Board decision due to clear and unmistakable
error shall be considered to be a request to the Board under this
section, and the Secretary shall promptly transmit any such request to
the Board for its consideration under this section.''.
    (2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:

``7111. Revision of decisions on grounds of clear and unmistakable
                            error.''.
    (c) Effective Date.--(1) Section 5109B and 7110 of title 38, United
States Code, apply to any determination made before, on, or after the
date of the enactment of this Act.
    (2) Notwithstanding section 402 of the Veterans Judicial Review Act
(38 U.S.C. 7251 note), chapter 72 of title 38, United States Code,
shall apply with respect to any decision of the Board of Veterans'
Appeals on a claim alleging that a previous determination of the Board
was the product of clear and unmistakable error if that claim is filed
after, or was pending before the Department of Veterans Affairs, the
Court of Veterans Appeals, the Court of Appeals for the Federal
Circuit, or the Supreme Court on the date of the enactment of this Act.

Output:
Veterans Adjudication Procedures Act of 1993 - Directs the Secretary of Veterans Affairs to provide that under the work rate standards that apply to Department of Veterans Affairs employees who adjudicate claims for benefits that have been submitted to the Secretary, such employees shall not receive credit for work on a claim until the claim decision becomes final.  Requires the Secretary to report annually to the Congress the status of claims for benefits before the Department during the preceding fiscal year, including the average length of time required for such adjudications. Requires a rating official to make the initial determination of the Secretary on all original and reopened claims filed with the Secretary.
Allows a single member (currently three) of the Board of Veterans' Appeals to be assigned to and make a determination on a proceeding before such Board.  Makes such decision final unless the Chairman of such Board orders reconsideration, in which case three other Board members must hear the proceeding.  Subjects decisions made by the Secretary or the Board to revision or reversal on the grounds of clear and unmistakable error.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeownership Opportunities for
Uniformed Services and Educators Act''.

SEC. 2. REDUCED DOWNPAYMENT REQUIREMENTS FOR LOANS FOR TEACHERS AND
              PUBLIC SAFETY OFFICERS.

    (a) In General.--Section 203(b) of the National Housing Act (12
U.S.C. 1709(b)) is amended by adding at the end the following new
paragraph:
            ``(11) Reduced downpayment requirements for teachers and
        public safety officers.--
                    ``(A) In general.--Notwithstanding paragraph (2),
                in the case of a mortgage described in subparagraph
                (B)--
                            ``(i) the mortgage shall involve a
                        principal obligation in an amount that does not
                        exceed the sum of 99 percent of the appraised
                        value of the property and the total amount of
                        initial service charges, appraisal, inspection,
                        and other fees (as the Secretary shall approve)
                        paid in connection with the mortgage;
                            ``(ii) no other provision of this
                        subsection limiting the principal obligation of
                        the mortgage based upon a percentage of the
                        appraised value of the property subject to the
                        mortgage shall apply; and
                            ``(iii) the matter in paragraph (9) that
                        precedes the first proviso shall not apply and
                        the mortgage shall be executed by a mortgagor
                        who shall have paid on account of the property
                        at least 1 percent of the cost of acquisition
                        (as determined by the Secretary) in cash or its
                        equivalent.
                    ``(B) Mortgages covered.--A mortgage described in
                this subparagraph is a mortgage--
                            ``(i) under which the mortgagor is an
                        individual who--
                                    ``(I) is employed on a part- or
                                full-time basis as--
                                            ``(aa) a teacher or
                                        administrator in a public or
                                        private school that provides
                                        elementary or secondary
                                        education, as determined under
                                        State law, except that
                                        elementary education shall
                                        include pre-Kindergarten
                                        education, and except that
                                        secondary education shall not
                                        include any education beyond
                                        grade 12; or
                                            ``(bb) a public safety
                                        officer (as such term is
                                        defined in section 1204 of the
                                        Omnibus Crime Control and Safe
                                        Streets Act of 1968 (42 U.S.C.
                                        3796b), except that such term
                                        shall not include any officer
                                        serving a public agency of the
                                        Federal Government); and
                                    ``(II) has not, during the 12-month
                                period ending upon the insurance of the
                                mortgage, had any present ownership
                                interest in a principal residence
                                located in the jurisdiction described
                                in clause (ii); and
                            ``(ii) made for a property that is located
                        within the jurisdiction of--
                                    ``(I) in the case of a mortgage of
                                a mortgagor described in clause
                                (i)(I)(aa), the local educational
                                agency (as such term is defined in
                                section 14101 of the Elementary and
                                Secondary Education Act of 1965 (20
                                U.S.C. 8801)) for the school in which
                                the mortgagor is employed (or, in the
                                case of a mortgagor employed in a
                                private school, the local educational
                                agency having jurisdiction for the area
                                in which the private school is
                                located); or
                                    ``(II) in the case of a mortgage of
                                a mortgagor described in clause
                                (i)(I)(bb), the jurisdiction served by
                                the public law enforcement agency,
                                firefighting agency, or rescue or
                                ambulance agency that employs the
                                mortgagor.''.
    (b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of
the National Housing Act (12 U.S.C. 1709(c)) is amended--
            (1) in paragraph (2), in the matter preceding subparagraph
        (A), by striking ``Notwithstanding'' and inserting ``Except as
        provided in paragraph (3) and notwithstanding''; and
            (2) by adding at the end the following new paragraph:
    ``(3) Deferral and reduction of up-front premium.--In the case of
any mortgage described in subsection (b)(11)(B)--
            ``(A) paragraph (2)(A) of this subsection (relating to
        collection of up-front premium payments) shall not apply; and
            ``(B) if, at any time during the 5-year period beginning on
        the date of the insurance of the mortgage, the mortgagor ceases
        to be employed as described in subsection (b)(11)(B)(i)(I) or
        pays the principal obligation of the mortgage in full, the
        Secretary shall, at such time, collect a single premium payment
        in an amount equal to the amount of the single premium payment
        that, but for this paragraph, would have been required under
        paragraph (2)(A) of this subsection with respect to the
        mortgage, as reduced by 20 percent of such amount for each
        successive 12-month period completed during such 5-year period
        before such cessation or prepayment occurs.''.

Output: Homeownership Opportunities for Uniformed Services and Educators Act - Amends the National Housing Act to provide for one percent downpayments for Federal Housing Administration mortgage loans for qualified elementary and secondary school teachers and administrators and non-Federal public safety officers to purchase homes within the jurisdictions of their employing agencies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Renewable Fuels Marketing Act of
2010''.

SEC. 2. FUEL COMPATIBILITY WITH INFRASTRUCTURE.

    (a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42
U.S.C. 6991 et seq.) is amended as follows:
            (1) By redesignating section 9014 as section 9015.
            (2) By inserting after section 9013 the following new
        section:

``SEC. 9014. COMPATIBILITY.

    ``(a) Compatibility With Renewable Fuels.--
            ``(1) Guidelines.--Not later than 1 year after the date of
        enactment of the Renewable Fuels Marketing Act of 2010, the
        Administrator shall issue guidelines for determining whether
        underground storage tanks and associated dispensing equipment
        are compatible with any fuel or fuel additive that is
        authorized by the Administrator or by statute for use in a
        motor vehicle, nonroad vehicle, or engine.
            ``(2) Application.--Guidelines issued under this subsection
        shall apply with respect to existing underground storage tanks
        and associated dispensing equipment and with respect to new
        underground storage tanks and associated dispensing equipment.
            ``(3) Previously listed as compatible.--Underground storage
        tanks and associated dispensing equipment that, as of the date
        of enactment of this section, have been listed by a nationally
        recognized testing laboratory as compatible with a fuel or fuel
        additive described in paragraph (1) shall be deemed compatible
        under the guidelines issued under this subsection.
    ``(b) Liability.--No person shall be liable under any provision of
this Act or any other provision of Federal or State law on the basis
that an underground storage tank or associated dispensing equipment
that stores or dispenses any fuel or fuel additive described in
subsection (a)(1) is not compatible with such fuel or fuel additive if
such tank or equipment has been determined to be compatible with such
fuel or fuel additive pursuant to the guidelines issued under such
subsection.
    ``(c) Financial Assurance.--A provider of financial assurance may
not deny payment for a claim on the basis that an underground storage
tank or associated dispensing equipment is not compatible with any fuel
or fuel additive described in subsection (a)(1) if such tank or
equipment is determined to be compatible with such fuel or fuel
additive pursuant to the guidelines issued under such subsection.
    ``(d) Definitions.--In this section:
            ``(1) Associated dispensing equipment.--The term
        `associated dispensing equipment' means equipment that is--
                    ``(A) for the dispensing or storage at retail of
                any fuel or fuel additive described in subsection
                (a)(1); and
                    ``(B) subject to regulation under section 1926.152
                of title 29, Code of Federal Regulations, as in effect
                on the date of enactment of the Renewable Fuels
                Marketing Act of 2010.
            ``(2) Compatible.--The term `compatible' has the meaning
        given such term in section 280.12 of title 40, Code of Federal
        Regulations, as in effect on the date of enactment of the
        Renewable Fuels Marketing Act of 2010.
            ``(3) Provider of financial assurance.--The term `provider
        of financial assurance' has the meaning given such term in
        section 280.92 of title 40, Code of Federal Regulations, as in
        effect on the date of enactment of the Renewable Fuels
        Marketing Act of 2010.''.
    (b) Table of Contents.--The table of contents in section 1001 of
the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by striking
the item related to section 9014 and inserting the following:

``9014. Compatibility.
``9015. Authorization of appropriations.''.

SEC. 3. MISFUELING.

    (a) Misfueling.--Section 211(g) of the Clean Air Act (42 U.S.C.
7545(g)) is amended by adding at the end the following new paragraph:
    ``(3)(A) Not later than one year after the date of enactment of the
Renewable Fuels Marketing Act of 2010, the Administrator shall
promulgate regulations that set forth requirements for the labeling of
associated dispensing equipment as the Administrator determines
necessary to prevent the introduction of any transportation fuel
described in subparagraph (C) into a motor vehicle, nonroad vehicle, or
engine that is not compatible with such transportation fuel.
    ``(B) A person selling a transportation fuel described in
subparagraph (C) who complies with the regulations under subparagraph
(A) shall not be liable, under any provision of this Act or any other
provision of Federal or State law, for--
            ``(i) a self-service purchaser's introduction of such a
        transportation fuel into a motor vehicle, nonroad vehicle, or
        engine that is not compatible with such transportation fuel; or
            ``(ii) the voiding of the manufacturer's warranty of such a
        vehicle or engine from such introduction of such a
        transportation fuel.
    ``(C) A transportation fuel described in this subparagraph is a
fuel that contains a fuel or fuel additive that is authorized, after
January 1, 2010, by the Administrator or by statute, for use in a motor
vehicle, nonroad vehicle, or engine.
    ``(D) In this paragraph the term `associated dispensing equipment'
has the meaning given such term in section 9014(d) of the Solid Waste
Disposal Act.''.
    (b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C.
7545(d)) is amended--
            (1) in paragraph (1), by inserting ``(g),'' after ``or the
        regulations prescribed under subsection (c),''; and
            (2) in paragraph (2), by inserting ``(g),'' after ``of the
        regulations prescribed under subsections (c),''.

Output:
Renewable Fuels Marketing Act of 2010 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to issue guidelines for determining whether underground storage tanks and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized by the Administrator or by statute for use in a motor vehicle, nonroad vehicle, or engine.

Deems tanks and equipment that have been listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under the guidelines. Declares that no person shall be liable under any federal or state law, and no provider of financial assurance may deny payment for a claim, on the basis that a tank (or associated dispensing equipment) is not compatible with such fuel or fuel additive if such tank or equipment has been determined to be compatible pursuant to the guidelines issued under this Act.

Amends the Clean Air Act to direct the Administrator to promulgate regulations that establish requirements for the labeling of associated dispensing equipment to prevent the introduction into a motor vehicle, nonroad vehicle, or engine of transportation fuel that contains a fuel or fuel additive that is authorized, after January 1, 2010, by the Administrator or by statute for use in motor vehicles, nonroad vehicles, or engines but that is not compatible with such vehicle or engine. Shields a person selling such fuel who complies with such regulations from liability for: (1) a self-service purchaser's introduction of such a fuel into a vehicle or engine that is not compatible with such fuel; or (2) the voiding of the manufacturer's warranty of such vehicle or engine from introduction of such fuel. Sets penalties for violation of such regulations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizen Legislature Anti-Corruption
Reform Act'' or the ``CLEAN Act''.

SEC. 2. TERMINATION OF FURTHER RETIREMENT BENEFITS FOR MEMBERS OF
              CONGRESS.

    (a) Amendments Relating to the Civil Service Retirement System.--
            (1) In general.--Subchapter III of chapter 83 of title 5,
        United States Code, is amended by inserting after section 8335
        the following:
``Sec. 8335a. Termination of further retirement coverage of Members of
              Congress
    ``(a) In General.--Notwithstanding any other provision of this
subchapter and subject to subsection (f), effective on the date that is
90 days after the date of enactment of this section--
            ``(1) a Member shall not be subject to this subchapter for
        any further period of time; and
            ``(2) no further Government contributions or deductions
        from basic pay may be made with respect to such Member for
        deposit in the Treasury of the United States to the credit of
        the Fund.
    ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this subchapter with respect to any
Member covering any period prior to the date of enactment of this
section.
    ``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
    ``(d) Regulations.--Any regulations necessary to carry out this
section may--
            ``(1) except with respect to matters relating to the Thrift
        Savings Plan, be prescribed by the Director of the Office of
        Personnel Management; and
            ``(2) with respect to matters relating to the Thrift
        Savings Plan, be prescribed by the Executive Director (as
        defined by section 8401(13)).
    ``(e) Exclusion.--For purposes of this section, the term `Member'
does not include the Vice President.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 83 of title 5, United States Code, is
        amended by inserting after the item relating to section 8335
        the following:

``8335a. Termination of further retirement coverage of Members of
                            Congress.''.
    (b) Amendments Relating to the Federal Employees Retirement
System.--
            (1) In general.--Subchapter II of chapter 84 of title 5,
        United States Code, is amended by inserting after section 8425
        the following:
``Sec. 8425a. Termination of further retirement coverage of Members of
              Congress
    ``(a) In General.--Notwithstanding any other provision of this
chapter, effective on the date that is 90 days after the date of
enactment of this section--
            ``(1) subject to subsection (f), in the case of an
        individual who first becomes a Member before such date of
        enactment--
                    ``(A) such Member shall not be subject to this
                chapter for any further period of time after such date
                of enactment; and
                    ``(B) no further Government contributions or
                deductions from basic pay may be made with respect to
                such Member for deposit in the Treasury of the United
                States to the credit of the Fund; and
            ``(2) in the case of an individual who first becomes a
        Member on or after such date of enactment--
                    ``(A) such Member shall not be subject to this
                chapter; and
                    ``(B) no Government contributions or deductions
                from basic pay may be made with respect to such Member
                for deposit in the Treasury of the United States to the
                credit of the Fund.
    ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this chapter with respect to any Member
covering any period prior to the date of enactment of this section.
    ``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
    ``(d) Regulations.--
            ``(1) In general.--Any regulations necessary to carry out
        this section may--
                    ``(A) except with respect to matters relating to
                the Thrift Savings Plan, be prescribed by the Director
                of the Office of Personnel Management; and
                    ``(B) with respect to matters relating to the
                Thrift Savings Plan, be prescribed by the Executive
                Director (as defined by section 8401(13)).
            ``(2) Refunds.--Notwithstanding subsection (b), the
        regulations under paragraph (1)(A) shall, in the case of a
        Member who has not completed at least 5 years of civilian
        service as of the date of enactment of this section, provide
        that the lump-sum credit shall be payable to such Member to the
        same extent and in the same manner as if such Member satisfied
        paragraphs (1) through (4) of section 8424(a) as of such date
        of enactment.
    ``(e) Exclusions.--For purposes of this section, the term `Member'
does not include the Vice President.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 84 of title 5, United States Code, is
        amended by inserting after the item relating to section 8425
        the following:

``8425a. Termination of further retirement coverage of Members of
                            Congress.''.

SEC. 3. PROHIBITING MULTIPLE SUBJECTS IN SINGLE BILL.

    (a) In General.--Each bill, order, resolution, or vote submitted by
Congress to the President under section 7 of article I of the
Constitution of the United States shall embrace no more than one
subject, and that subject shall be clearly and descriptively expressed
in the title of the bill, order, resolution or vote.
    (b) Effective Date.--Subsection (a) shall apply with respect to the
One Hundred Fifteenth Congress and each succeeding Congress.

SEC. 4. REQUIRING EQUAL APPLICATION OF LAWS TO MEMBERS OF CONGRESS.

    (a) In General.--Notwithstanding any other provision of law, any
provision of law that provides an exception in its application to a
Member of Congress or an employee of the office of a Member of Congress
shall have no effect.
    (b) Clarification Relating to Exercise of Official or
Representational Duties.--Subsection (a) shall not be construed to
apply to provisions of law or rules which permit Members of Congress or
employees of offices of Members of Congress to carry out official
duties that are tied directly to lawmaking, including provisions or
rules permitting Members and employees to enter and use the United
States Capitol, the United States Capitol grounds, and other buildings
and facilities.
    (c) Definition.--In this section, the term ``Member of Congress''
means a Senator or a Representative in, or Delegate or Resident
Commissioner to, the Congress.

SEC. 5. REQUIRING USE OF INDEPENDENT NONPARTISAN COMMISSIONS TO CARRY
              OUT REDISTRICTING.

    (a) Requirement.--
            (1) Congressional redistricting.--Each State shall conduct
        Congressional redistricting (beginning with the redistricting
        carried out pursuant to the decennial census conducted during
        2020) in accordance with a redistricting plan developed by a
        nonpartisan independent redistricting commission.
            (2) Redistricting for state legislative districts.--
        Notwithstanding any other provision of law, a State may not use
        any funds provided by the Federal Government directly for
        election administration purposes unless the State certifies to
        the Election Assistance Commission that the State conducts
        redistricting for State legislative districts in the State
        (beginning with the first such redistricting carried out after
        the date of the enactment of this Act) in accordance with a
        redistricting plan developed by a nonpartisan independent
        redistricting commission.
    (b) Nonpartisan Independent Status.--For purposes of this section,
a commission shall be considered to be a nonpartisan independent
commission if--
            (1) the number of its members who are affiliated with the
        political party with the largest percentage of the registered
        voters in the State who are affiliated with a political party
        (as determined with respect to the most recent Statewide
        election for Federal office held in the State for which such
        information is available) is equal to the number of its members
        who are affiliated with the political party with the second
        largest percentage of the registered voters in the State who
        are affiliated with a political party (as so determined); and
            (2) none of its members is an elected public official.
    (c) State Defined.--In this section, the term ``State'' means each
of the several States.

SEC. 6. REQUIRING OPEN PRIMARIES.

    (a) In General.--
            (1) Elections for federal office.--Each State shall hold
        open primaries for elections for Federal office held in the
        State.
            (2) Elections for state and local office.--Notwithstanding
        any other provision of law, a State may not use any funds
        provided by the Federal Government directly for election
        administration purposes unless the State certifies to the
        Election Assistance Commission that the State holds open
        primaries for elections for State and local office.
    (b) Open Primaries Described.--For purposes of this section, a
State holds open primaries for an election for an office if any
individual who is registered to vote in a general election for such
office in the State may cast a ballot in any primary election
(including a primary election held for the selection of delegates to a
national nominating convention of a political party and a primary
election held for the expression of a preference for the nomination of
individuals for election to the office of President) held by any
political party to nominate candidates for election for that office,
including a convention or caucus of a political party which has
authority to nominate a candidate.
    (c) State Defined.--In this section, the term ``State'' has the
meaning given such term in section 901 of the Help America Vote Act of
2002 (52 U.S.C. 21141).
    (d) Effective Date.--Subsection (a) shall apply with respect to
elections held after the date of the enactment of this Act.

Output: Citizen Legislature Anti-Corruption Reform Act or the CLEAN Act  This bill amends the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude Members of Congress, except the Vice President, from further CSRS and FERS retirement coverage. The bill prohibits further government contributions or deductions from such Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. Nothing in this bill shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before enactment of this bill; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan (TSP) in accordance with otherwise applicable law. The bill requires that each bill, order, resolution, or vote submitted by Congress to the President be limited to one subject which shall be clearly expressed in the measure's or vote's title.  Any provision of law that provides an exception in its application to a Member of Congress or an employee of such Member shall have no effect.  Each state must conduct congressional redistricting, beginning with the decennial census conducted during 2020, using a redistricting plan developed by a nonpartisan independent redistricting commission (NIRC). After such redistricting, no state may use federal funds directly for election administration purposes unless it certifies to the Election Assistance Commission (EAC) that it conducts redistricting for its legislative districts using an NIRC redistricting plan. Each state must hold open primaries for elections for federal office. A state may not use any federal funds provided directly for election administration purposes unless it certifies to the EAC that it holds open primaries for elections for state and local office.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Schools Improvement Act of
2010''.

SEC. 2. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND
              STATISTICS.

    (a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the
Safe and Drug-Free Schools and Communities Act (20 U.S.C.
7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and
harassment,'' after ``violence''.
    (b) State Application.--Section 4113(a) of such Act (20 U.S.C.
7113(a)) is amended--
            (1) in paragraph (9)--
                    (A) in subparagraph (C), by striking ``and'' at the
                end;
                    (B) by redesignating subparagraph (D) as
                subparagraph (F); and
                    (C) by inserting after subparagraph (C) (as amended
                by subparagraph (A)) the following:
                    ``(D) the incidence and prevalence of reported
                incidents of bullying and harassment;
                    ``(E) the perception of students regarding their
                school environment, including with respect to the
                prevalence and seriousness of incidents of bullying and
                harassment and the responsiveness of the school to
                those incidents; and'';
            (2) in paragraph (18), by striking ``and'' at the end;
            (3) by redesignating paragraph (19) as paragraph (20); and
            (4) by inserting after paragraph (18) (as amended by
        paragraph (2)) the following:
            ``(19) provides an assurance that the State educational
        agency will provide assistance to school districts and schools
        in their efforts to prevent and appropriately respond to
        incidents of bullying and harassment and describes how the
        State educational agency will meet the requirements of this
        paragraph; and''.
    (c) Local Educational Agency Program Application.--Section 4114(d)
of such Act (20 U.S.C. 7114(d)) is amended--
            (1) in paragraph (2)(B)(i)--
                    (A) in subclause (I), by striking ``and'' at the
                end; and
                    (B) by adding at the end the following:
                                    ``(III) performance indicators for
                                bullying and harassment prevention
                                programs and activities; and''; and
            (2) in paragraph (7)--
                    (A) in subparagraph (A), by inserting ``, including
                bullying and harassment'' after ``disorderly conduct'';
                    (B) in subparagraph (D), by striking ``and'' at the
                end; and
                    (C) by adding at the end the following:
                    ``(F) annual notice to parents and students
                describing the full range of prohibited conduct
                contained in the discipline policies described in
                subparagraph (A); and
                    ``(G) grievance procedures for students or parents
                that seek to register complaints regarding the
                prohibited conduct contained in the discipline policies
                described in subparagraph (A), including--
                            ``(i) the name of the school district
                        officials who are designated as responsible for
                        receiving such complaints; and
                            ``(ii) timelines that the school district
                        will follow in the resolution of such
                        complaints;''.
    (d) Authorized Activities.--Section 4115(b)(2) of such Act (20
U.S.C. 7115(b)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) in clause (vii), by striking the period at the
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(viii) teach students about the
                        consequences of bullying and harassment.''; and
            (2) in subparagraph (E), by adding at the end the
        following:
                            ``(xxiii) Programs that address the causes
                        of bullying and harassment and that train
                        teachers, administrators, specialized
                        instructional support personnel, and other
                        school personnel regarding strategies to
                        prevent bullying and harassment and to
                        effectively intervene when incidents of
                        bullying and harassment occur.''.
    (e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C.
7116(a)(2)(B)) is amended by inserting ``, including bullying and
harassment,'' after ``drug use and violence''.
    (f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132)
is amended--
            (1) in subsection (a)(2), by striking ``and school
        violence'' and inserting ``school violence, including bullying
        and harassment,''; and
            (2) in the first sentence of subsection (b), by inserting
        ``, including bullying and harassment,'' after ``drug use and
        violence''.
    (g) Definitions.--
            (1) Drug and violence prevention.--Paragraph (3)(B) of
        section 4151 of such Act (20 U.S.C. 7161) is amended by
        inserting ``, bullying, and other harassment'' after ``sexual
        harassment and abuse''.
            (2) Protective factor, buffer, or asset.--Paragraph (6) of
        such section is amended by inserting ``, including bullying and
        harassment'' after ``violent behavior''.
            (3) Risk factor.--Paragraph (7) of such section is amended
        by inserting ``, including bullying and harassment'' after
        ``violent behavior''.
            (4) Bullying and harassment.--Such section is further
        amended--
                    (A) by redesignating paragraphs (4) through (11)
                (as amended by paragraphs (2) and (3)), as paragraphs
                (6) through (13), respectively;
                    (B) by redesignating paragraphs (1) through (3) (as
                amended by paragraph (1)), as paragraphs (2) through
                (4), respectively;
                    (C) by inserting before paragraph (2) (as
                redesignated by subparagraph (B)) the following:
            ``(1) Bullying.--The term `bullying'--
                    ``(A) means conduct that adversely affects the
                ability of one or more students to participate in or
                benefit from the school's educational programs or
                activities by placing the student (or students) in
                reasonable fear of physical harm; and
                    ``(B) includes conduct that is based on--
                            ``(i) a student's actual or perceived--
                                    ``(I) race;
                                    ``(II) color;
                                    ``(III) national origin;
                                    ``(IV) sex;
                                    ``(V) disability;
                                    ``(VI) sexual orientation;
                                    ``(VII) gender identity; or
                                    ``(VIII) religion;
                            ``(ii) any other distinguishing
                        characteristics that may be defined by a State
                        or local educational agency; or
                            ``(iii) association with a person or group
                        with one or more of the actual or perceived
                        characteristics listed in clause (i) or
                        (ii).''; and
                    (D) by inserting after paragraph (4) (as
                redesignated by subparagraph (B)) the following:
            ``(5) Harassment.--The term `harassment'--
                    ``(A) means conduct that adversely affects the
                ability of one or more students to participate in or
                benefit from the school's educational programs or
                activities because the conduct, as reasonably perceived
                by the student (or students), is so severe, persistent,
                or pervasive; and
                    ``(B) includes conduct that is based on--
                            ``(i) a student's actual or perceived--
                                    ``(I) race;
                                    ``(II) color;
                                    ``(III) national origin;
                                    ``(IV) sex;
                                    ``(V) disability;
                                    ``(VI) sexual orientation;
                                    ``(VII) gender identity; or
                                    ``(VIII) religion;
                            ``(ii) any other distinguishing
                        characteristics that may be defined by a State
                        or local educational agency; or
                            ``(iii) association with a person or group
                        with one or more of the actual or perceived
                        characteristics listed in clause (i) or
                        (ii).''.
    (h) Effect on Other Laws.--
            (1) Amendment.--The Safe and Drug-Free Schools and
        Communities Act (20 U.S.C. 7101 et seq.) is amended by adding
        at the end the following:

``SEC. 4156. EFFECT ON OTHER LAWS.

    ``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to invalidate or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
under any other Federal law or law of a State or political subdivision
of a State, including title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of
1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part
are in addition to those imposed by title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
    ``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
(including remedies and procedures) available to individuals under,
other Federal laws that establish protections for freedom of speech or
expression.''.
            (2) Clerical amendment.--The table of contents of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
        et seq.) is amended by adding after the item relating to
        section 4155 the following:

``Sec. 4156. Effect on other laws.''.

Output:
Safe Schools Improvement Act of 2010 - Amends the Safe and Drug-Free Schools and Communities Act to require: (1) states to use grants for safe and drug-free schools to collect and report information on the incidence of bullying and harassment; and (2) local educational agencies (LEAs) and schools to use subgrants to prevent and respond to incidents of bullying and harassment.

Requires such LEAs or schools to: (1) notify parents and students annually of conduct prohibited in their school discipline policies, that now must include bullying and harassment; and (2) establish grievance procedures for students and parents to register complaints regarding such conduct.