SECTION 1. SHORT TITLE. This Act may be cited as the ``Secondary Payer Advancement, Rationalization, and Clarification Act'' or the ``SPARC Act''. SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG SECONDARY CLAIMS RESPONSIBILITY. (a) In General.--Section 1860D-2(a)(4) of the Social Security Act (42 U.S.C. 1395w-102(a)(4)) is amended to read as follows: ``(4) Secondary payor and recovery rights.-- ``(A) In general.-- ``(i) Application of secondary payor.--A prescription drug plan shall be secondary payor to any valid and collectible payment from a primary drug plan (as defined in clause (iv)) until such time as such primary drug plan pays a final settlement, judgment, or award to an individual enrolled under the prescription drug plan with regard to an injury or illness involved or otherwise terminates its ongoing responsibility for medical payments with respect to the individual. ``(ii) Limitation on parties making prescription drug plans primary.--A primary drug plan (as defined in clause (iv), other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a self-insured plan, a service benefit plan, a managed care organization, a pharmacy benefit manager, or other party that, by statute, contract, or agreement, is legally responsible for payment of a claim for a covered outpatient drug, in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, may not take into account that the individual is enrolled under a prescription drug plan under this part or is eligible for or is provided coverage for covered part D drugs under this part. ``(iii) Limitation on secretarial claims through subrogation.--The Secretary shall not assert any claim on behalf or against a prescription drug plan, other than through the recovery from such a plan of amounts paid related to a covered part D drug event that has been repaid to the plan through a subrogation action or otherwise. ``(iv) Primary drug plan defined.--In this paragraph, the term `primary drug plan' means, with respect to benefits for covered part D drugs, a group health plan or large group health plan (other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a workers' compensation law or plan, an automobile or liability insurance policy or plan (including a self-insured plan) or no- fault insurance insofar as such a plan, law, policy, or insurance provides such benefits, insofar as, under the provisions of section 1862(b)(2), such coverage would be treated as a primary plan if benefits for covered part D drugs were treated as benefits under parts A and B. For purposes of this clause, an entity that engages in a business, trade, or profession shall be deemed to have a self- insured plan if it carries its own risk (whether by a failure to obtain insurance, or otherwise) in whole or in part. ``(B) Waiver.--A prescription drug plan may waive (in whole or in part) the provisions of this paragraph in the case of an individual claim if the plan determines that the waiver is in the best interests of the program established under this part. ``(C) Recovery.--A prescription drug plan shall be subrogated (to the extent of payment made under this part by the plan for any covered part D drug before the date the plan received notice pursuant to subparagraph (D)) to any right of an individual or any other entity to payment, with respect to such covered part D drug, under a primary drug plan. A subrogation claim may not be asserted pursuant to this subparagraph by a prescription drug plan with respect to a payment for a covered part D drug after the date that is 3 years after the date such plan receives notice of a payment, with respect to such covered part D drug, pursuant to subparagraph (D). Any such subrogation claim shall be the exclusive legal remedy of the PDP sponsor of the plan and shall be reduced to take into account the cost of procuring the judgment or settlement with respect to such claim if an individual's liability, workers' compensation, or no-fault claim is disputed. Any costs or expense incurred by a prescription drug plan related to recoveries pursuant to this subparagraph shall not be considered an administrative cost or expense, as those terms are used in this part. ``(D) Coordination of benefits information.--Not later than 15 days after the date the Secretary receives information under paragraph (7) or (8) of section 1862(b) relating to an individual enrolled in a prescription drug plan during an applicable time, the Secretary shall provide such information to such prescription drug plan in a format convenient and accessible to such plans. The Secretary shall waive any requirements under this part that a prescription drug plan establish procedures for determining whether costs for part D eligible individuals are being reimbursed through insurance or otherwise or identify payers that are primary to the program under subparagraph (A)(ii) other than as required under this paragraph. ``(E) Coordination of benefits.--A prescription drug plan shall, in the case of receipt of a notice pursuant to subparagraph (D) related to an enrollee for whom a primary drug plan has reported on ongoing responsibility for medical costs pursuant to paragraph (7) or (8) of section 1862(b), authorize the provider of such covered part D drug to charge, in accordance with the charges allowed under the prescription drug plan, such primary drug plan for such covered part D drug related to or arising out of the treatment accident or injury subject to such notice (other than payments subject to a claim under subparagraph (B) or (F)) for the period in which the enrollee remains enrolled in such plan through the date upon which such primary drug plan has terminated such ongoing responsibility for medical payments. ``(F) Use of web site to determine final reimbursement amount.-- ``(i) Notification of plans.--Not later than 10 days after the date the Secretary receives a notice under section 1862(b)(2)(B)(vii)(I) relating to an individual during the period the individual is enrolled in a prescription drug plan, the Secretary shall provide such notice to the plan. ``(ii) Statement by plan.-- ``(I) In general.--Not later than 30 days after the date a plan receives a notice under clause (i), the plan may provide the Secretary with a statement of any covered part D drug for which the plan seeks reimbursement, including the amount of such reimbursement. ``(II) Failure to provide statement.--The prescription drug plan shall be deemed to have waived its rights under subparagraph (B)-- ``(aa) in the case that the prescription drug plan does not provide such statement by such date, with respect to any covered part D drug provided to such individual with respect to such notice; and ``(bb) in the case that the prescription drug plan provides such statement by such date, with respect to any covered part D drug provided to such individual which was not identified in the notice. ``(iii) Inclusion of information on web site.--The Secretary shall include any covered part D drug identified by a prescription drug plan pursuant to clause (ii) within the Secretary's statement of reimbursement amount on the Web site as described in section 1862(b)(2)(B)(vii). ``(iv) Collection.--The Secretary may collect (on behalf of a prescription drug plan) the reimbursement amount for covered part D drugs, as identified pursuant to clause (ii), from the individual involved or the primary drug plan pursuant to the procedures set forth under section 1862(b)(2)(B)(vii). Any such amounts collected by the Secretary for covered part D drugs directly paid by the plan shall be remitted directly by the Secretary to the appropriate prescription drug plan that enrolled the individual related to the notice during the applicable time period for which such individual was enrolled, and the Secretary shall retain such amounts as were paid to the plan in subsidy for such drugs.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to drugs dispensed in years beginning more than 6 months after the date of the enactment of this Act.

Summary: Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill specifies recovery rules and timelines with respect to secondary claims responsibility under the Medicare prescription drug benefit. Current law specifies only that secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans.


SECTION 1. SHORT TITLE. This Act may be cited as the ``One Strike You're Out, Part II Act''. SEC. 2. SCREENING OF PROSPECTIVE ASSISTED FAMILIES. (a) In General.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Denial of Assistance to Criminal Offenders.--In making assistance under this section available on behalf of eligible families, a public housing agency may deny the provision of such assistance in the same manner, for the same period, and subject to the same conditions that an owner of federally assisted housing may deny occupancy in such housing under section 642(b) of the Housing and Community Development Act of 1992.''. (b) Conforming Amendment.--Clause (A) of section 8(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended to read as follows: ``(A) the selection of tenants for such units shall be function of the owner, subject to the provisions of the annual contributions contract between the Secretary and the public housing agency, except that in making such assistance available the public housing agency may limit the provision of assistance pursuant to subsection (l);''. SEC. 3. OCCUPANCY SCREENING. Section 642 of the Housing and Community Development Act of 1992 (42 U.S.C. 13602)-- (1) by inserting ``(a) General Criteria.--'' before ``In''; and (2) by adding at the end the following new subsections: ``(b) Authority to Deny Occupancy for Criminal Offenders.--In selecting tenants for occupancy of dwelling units in federally assisted housing, if the owner of such housing determines that an applicant for occupancy in the housing or any member of the applicant's household is or was, during the preceding 3 years, engaged in any activity described in paragraph (2)(C) of section 645, the owner may-- ``(1) deny such applicant occupancy and consider the applicant (for purposes of any waiting list) as not having applied for such occupancy ; and ``(2) after the expiration of the 3-year period beginning upon such activity, require the applicant, as a condition of occupancy in the housing or application for occupancy in the housing, to submit to the owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant's household who engaged in criminal activity for which denial was made under paragraph (1) have not engaged in any criminal activity during such 3-year period. ``(c) Authority to Require Access to Criminal Records.--An owner of federally assisted housing may require, as a condition of providing occupancy in a dwelling unit in such housing to an applicant for occupancy and the members of the applicant's household, that each adult member of the household provide the owner with a signed, written authorization for the owner to obtain records described in section 646(a) regarding such member of the household from the National Crime Information Center, police departments, and other law enforcement agencies.''. SEC. 4. TERMINATION OF TENANCY. (a) Public Housing.-- (1) Expedited grievance procedure.--Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended in the first sentence of the matter following paragraph (6) by striking ``For'' and all that follows through ``off such premises'' and inserting the following: ``For any grievance concerning an eviction or termination of tenancy that involves any activity that is described in subsection (l)(5)''. (2) Leases.--Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended by striking paragraphs (4) and (5) and inserting the following new paragraphs: ``(4) require that the public housing agency may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; ``(5) provide that any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the public housing agency or other manager of the housing, ``(B) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(C) is criminal activity (including drug-related criminal activity) on or off the premises, shall be cause for termination of tenancy; and''. (b) Section 8 Assistance.--Section 8(d)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by striking clauses (ii) and (iii) and inserting the following new clauses: ``(ii) the owner may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; ``(iii) any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(I) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the owner or other manager of the housing, ``(II) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(III) is criminal activity (including drug- related criminal activity) on or off the premises, shall be cause for termination of tenancy; and''. (c) Federally Assisted Housing.--Subtitle C of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) is amended-- (1) by adding at the end the following new section: ``SEC. 645. TERMINATION OF TENANCY. ``Each lease for a dwelling unit in federally assisted housing shall provide that-- ``(1) the owner may not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; and ``(2) any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control (regardless of whether the tenant had actual knowledge of such activity), that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the owner or other manager of the housing, ``(B) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises, or ``(C) is criminal activity (including drug-related criminal activity) on or off the premises, shall be cause for termination of tenancy.''; and (2) in section 683 (42 U.S.C. 13641), by adding at the end the following new paragraph: ``(6) Drug-related criminal activity.--The term `drug- related criminal activity' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 102 of the Controlled Substances Act).''. SEC. 6. AVAILABILITY OF CRIMINAL RECORDS FOR TENANT SCREENING AND EVICTION. Subtitle C of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) is amended adding after section 645 (as added by section 5(c) of this Act) the following new section: ``SEC. 646. AVAILABILITY OF RECORDS. ``(a) In General.-- ``(1) Provision of information.--Notwithstanding any other provision of law other than paragraph (2), upon the request of an owner of federally assisted housing, the National Crime Information Center, a police department, and any other law enforcement agency shall provide to the owner of federally assisted housing information regarding the criminal conviction records of an adult applicant for, or tenants of, the federally assisted housing for purposes of applicant screening, lease enforcement, and eviction, but only if such Center, department, or agency is presented with a written authorization, signed by such applicant, for the release of such information to such owner. ``(2) Exception.--A law enforcement agency described in paragraph (1) shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality. ``(b) Opportunity to Dispute.--Before an adverse action is taken with regard to assistance for federally assisted housing on the basis of a criminal record, the public housing agency or owner, as applicable, shall provide the tenant or applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record. ``(c) Fee.--A public housing agency or owner of federally assisted housing may be charged a reasonable fee for information provided under subsection (a). ``(d) Records Management.--Each public housing agency and owner of federally assisted housing that receives criminal record information under this section shall establish and implement a system of records management that ensures that any criminal record received by the agency or owner is-- ``(1) maintained confidentially; ``(2) not misused or improperly disseminated; and ``(3) destroyed, once the purpose for which the record was requested has been accomplished. ``(e) Definition.--For purposes of this section, the term `adult' means a person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law.''.

Summary: One Strike You're Out, Part II Act - Amends the United States Housing Act of 1937 with regard to section 8 housing, and the Housing and Community Development Act of 1992 with regard to federally assisted housing, to authorize denial of occupancy assistance or occupancy to criminal offender-applicants. Amends such Acts to provide for termination of tenancy for criminal activity or activity that threatens the safety or peaceful enjoyment of others. Amends the Housing and Community Development Act of 1992 to make adult (and juvenile if permitted by State, local, or tribal authority) applicant and tenant criminal records available to owners of federally assisted housing under specified circumstances.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act''. SEC. 2. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. (a) Enhanced Penalties.-- (1) In general.--Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following: ``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS. ``(a) Illicit Spotting.--Any person who knowingly transmits, by any means, to another person the location, movement, or activities of any Federal, State, local, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(b) Destruction of United States Border Controls.--Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent, or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry-- ``(1) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; and ``(2) if, at the time of the offense, the person uses or carries a firearm or who, in furtherance of any such crime, possesses a firearm, that person shall be fined under such title 18, imprisoned not more than 20 years, or both. ``(c) Conspiracy and Attempt.--Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection.''. (2) Clerical amendment.--The table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 294 the following: ``Sec. 295. Unlawfully hindering immigration, border, and customs controls.''. (b) Prohibiting Carrying or Use of a Firearm During and in Relation to an Alien Smuggling Crime.--Section 924(c) of title 18, United States Code, is amended-- (1) by striking ``For purposes of this subsection,'' each place such phrase appears; (2) in paragraph (1)-- (A) in subparagraph (A), by inserting ``, alien smuggling crime,'' after ``crime of violence'' each place that term appears; and (B) in subparagraph (D)(ii), by inserting ``, alien smuggling crime,'' after ``crime of violence''; (3) in paragraph (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margin accordingly; (4) by redesignating paragraphs (2), (3), and (4) as subparagraphs (D), (C), and (B), respectively, and adjusting the margin accordingly; (5) by transferring subparagraph (B), as redesignated, to appear before subparagraph (C), as redesignated; (6) by transferring subparagraph (D), as redesignated, to appear after subparagraph (C), as redesignated; (7) by redesignating paragraph (5) as paragraph (2) and transferring the redesignated paragraph to appear after paragraph (1); (8) by inserting after paragraph (2), as redesignated and transferred, the following: ``(3) As used in this subsection-- ``(A) the term `alien smuggling crime' means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);''; and (9) in paragraph (3), as redesignated-- (A) in subparagraph (B), as redesignated, by striking the period at the end and inserting a semicolon; and (B) in subparagraph (C)(ii), as redesignated, by striking the period at the end and inserting ``; and''. (c) Conforming Amendments.-- (1) Bankruptcy code.--Section 707(c)(1)(B) of title 11, United States Code, is amended by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; (2) Criminal code.--Title 18, United States Code, is amended-- (A) in section 844(o)-- (i) by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and (ii) by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; (B) in section 1028(b)(3)(B), by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''; and (C) in section 4042(b)(3)-- (i) in subparagraph (A), by striking ``section 924(c)(2)'' and inserting ``section 924(c)(3)(D)''; and (ii) in subparagraph (B), by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''. (3) Prisons.--Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 (42 U.S.C. 13726a(1)) is amended by striking ``section 924(c)(3)'' and inserting ``section 924(c)(3)(C)''. (d) Statute of Limitations.--Section 3298 of title 18, United States Code, is amended-- (1) by inserting ``or 295'' after ``274(a)''; and (2) by inserting ``(8 U.S.C. 1324(a) and 1363b)'' after ``Immigration and Nationality Act''.

Summary: Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act This bill amends the Immigration and Nationality Act to prohibit: (1) transmitting to another person the location, movement, or activities of law enforcement agents while intending to further a federal crime relating to U.S. immigration; (2) destroying, altering, or damaging any physical or electronic device used by the federal government to control the border or any port of entry; or (3) carrying or using a firearm in an alien smuggling crime.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Safety Net Access Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Supplemental reimbursement for Federally qualified health centers participating in medicare managed care. Sec. 3. Revision of Federally qualified health center payment limits. Sec. 4. Coverage of additional Federally qualified health center services. Sec. 5. Providing safe harbor for certain collaborative efforts that benefit medically underserved populations. SEC. 2. SUPPLEMENTAL REIMBURSEMENT FOR FEDERALLY QUALIFIED HEALTH CENTERS PARTICIPATING IN MEDICARE MANAGED CARE. (a) Supplemental Reimbursement.-- (1) In general.--Section 1833(a)(3) of the Social Security Act (42 U.S.C. 1395l(a)(3)) is amended to read as follows: ``(3) in the case of services described in section 1832(a)(2)(D)-- ``(A) except as provided in subparagraph (B), the costs which are reasonable and related to the cost of furnishing such services or which are based on such other tests of reasonableness as the Secretary may prescribe in regulations, including those authorized under section 1861(v)(1)(A), less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A), but in no case may the payment for such services (other than for items and services described in section 1861(s)(10)(A)) exceed 80 percent of such costs; or ``(B) with respect to the services described in clause (ii) of section 1832(a)(2)(D) that are furnished to an individual enrolled with a Medicare+Choice organization under part C pursuant to a written agreement described in section 1853(j), the amount by which-- ``(i) the amount of payment that would have otherwise been provided under subparagraph (A) (calculated as if `100 percent' were substituted for `80 percent' in such subparagraph) for such services if the individual had not been so enrolled; exceeds ``(ii) the amount of the payments received under such written agreement for such services (not including any financial incentives provided for in such agreement such as risk pool payments, bonuses, or withholds), less the amount the Federally qualified health center may charge as described in section 1857(e)(3)(C);''. (b) Continuation of Medicare+Choice Monthly Payments.-- (1) In general.--Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is amended by adding at the end the following new subsection: ``(j) Special Payment Rule for Federally Qualified Health Center Services.--If an individual who is enrolled with a Medicare+Choice organization under this part receives a service from a Federally qualified health center that has a written agreement with such organization for providing such a service (including any agreement required under section 1857(e)(3))-- ``(1) the Secretary shall pay the amount determined under section 1833(a)(3)(B) directly to the Federally qualified health center not less frequently than quarterly; and ``(2) the Secretary shall not reduce the amount of the monthly payments to the Medicare+Choice organization made under section 1853(a) as a result of the application of paragraph (1).''. (2) Conforming amendments.-- (A) Paragraphs (1) and (2) of section 1851(i) of the Social Security Act (42 U.S.C. 1395w-21(i)(1)) are each amended by inserting ``1853(j),'' after ``1853(h),''. (B) Section 1853(c)(5) is amended by striking ``subsections (a)(3)(C)(iii) and (i)'' and inserting ``subsections (a)(3)(C)(iii), (i), and (j)(1)''. (c) Additional Medicare+Choice Contract Requirements.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(3) Agreements with federally qualified health centers.-- ``(A) Ensuring equal access to services of fqhcs.-- A contract under this part shall require the Medicare+Choice organization to enter into (and to demonstrate to the Secretary that it has entered into) a sufficient number of written agreements with Federally qualified health centers providing Federally qualified health center services for which payment may be made under this title in the service area of each Medicare+Choice plan offered by such organization so that such services are reasonably available to individuals enrolled in the plan. ``(B) Ensuring equal payment levels and amounts.--A contract under this part shall require the Medicare+Choice organization to provide a level and amount of payment to each Federally qualified health center for services provided by such health center that are covered under the written agreement described in subparagraph (A) that is not less than the level and amount of payment that the organization would make for such services if the services had been furnished by a provider of services that was not a Federally qualified health center. ``(C) Cost-sharing.--Under the written agreement described in subparagraph (A), a Federally qualified health center must accept the Medicare+Choice contract price plus the Federal payment as payment in full for services covered by the contract, except that such a health center may collect any amount of cost-sharing permitted under the contract under this part, so long as the amounts of any deductible, coinsurance, or copayment comply with the requirements under section 1854(e) and do not result in a total payment to the center in excess of the amount determined under section 1833(a)(3)(A) (calculated as if `100 percent' were substituted for `80 percent' in such section).''. (d) Safe Harbor From Antikickback Prohibition.--Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) any remuneration between a Federally qualified health center (or an entity controlled by such a health center) and a Medicare+Choice organization pursuant to the written agreement described in section 1853(j).''. (e) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 2003, and contract years beginning on or after such date. SEC. 3. REVISION OF FEDERALLY QUALIFIED HEALTH CENTER PAYMENT LIMITS. (a) Per Visit Payment Requirements for FQHCs.--Section 1833(a)(3)(A) of the Social Security Act (42 U.S.C. 1395l(a)(3)(A)), as amended by section 2(a), is amended by adding ``(which regulations may not limit the per visit payment amount, or a component of such amount, for services described in section 1832(a)(2)(D)(ii))'' after ``the Secretary may prescribe in regulations''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services provided on or after January 1, 2003. SEC. 4. COVERAGE OF ADDITIONAL FEDERALLY QUALIFIED HEALTH CENTER SERVICES. (a) Coverage for FQHC Ambulatory Services.--Section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended to read as follows: ``(3) The term `Federally qualified health center services' means-- ``(A) services of the type described in subparagraphs (A) through (C) of paragraph (1), and such other services furnished by a Federally qualified health center for which payment may otherwise be made under this title if such services were furnished by a health care provider or health care professional other than a Federally qualified health center; and ``(B) preventive primary health services that a center is required to provide under section 330 of the Public Health Service Act, when furnished to an individual as a patient of a Federally qualified health center.''. (b) Offsite FQHC Services.-- (1) Patients of hospitals and critical access hospitals.-- Section 1862(a)(14) of the Social Security Act (42 U.S.C. 1395y(a)) is amended by inserting ``Federally qualified health center services,'' after ``qualified psychologist services,''. (2) Exclusion of federally qualified health center services from the pps for skilled nursing facilities.--Section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) is amended-- (A) in paragraph (2)(A)(i)(II), by striking ``clauses (ii) and (iii)'' and inserting ``clauses (ii) through (iv)''; and (B) by adding at the end of paragraph (2)(A) the following new clause: ``(iv) Exclusion of federally qualified health center services.--Services described in this clause are Federally qualified health center services (as defined in section 1861(aa)(3)).''. (c) Technical Corrections.-- (1) Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``subsection (hh)(1)),,'' and inserting ``subsection (hh)(1)),''. (2) Clauses (i) and (ii)(II) of section 1861(aa)(4)(A) of the Social Security Act (42 U.S.C. 1395x(aa)(4)(A)) are each amended by striking ``(other than subsection (h))''. (d) Effective Dates.--The amendments made-- (1) by subsections (a) and (b) shall apply to services furnished on or after January 1, 2003; and (2) by subsection (c) shall take effect on the date of enactment of this Act. SEC. 5. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT BENEFIT MEDICALLY UNDERSERVED POPULATIONS. (a) In General.--Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7(b)(3)), as amended by section 2(d), is amended-- (1) in subparagraph (F), by striking ``and'' after the semicolon at the end; (2) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(H) any remuneration between a public or nonprofit private health center entity described under clauses (i) and (ii) of section 1905(l)(2)(B) and any individual or entity providing goods, items, services, donations or loans, or a combination thereof, to such health center entity pursuant to a contract, lease, grant, loan, or other agreement, if such agreement produces a community benefit that will be used by the health center entity to maintain or increase the availability or accessibility, or enhance the quality, of services provided to a medically underserved population served by the health center entity.''. (b) Rulemaking for Exception for Health Center Entity Arrangements.-- (1) Establishment.-- (A) In general.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall establish, on an expedited basis, standards relating to the exception for health center entity arrangements to the antikickback penalties described in section 1128B(b)(3)(F) of the Social Security Act, as added by subsection (a). (B) Factors to consider.--In establishing standards relating to the exception for health center entity arrangements under subparagraph (A), the Secretary-- (i) shall extend the exception where the arrangement between the health center entity and the other party-- (I) results in savings of Federal grant funds or increased revenues to the health center entity; (II) does not limit or restrict a patient's freedom of choice; and (III) does not interfere with a health care professional's independent medical judgment regarding medically appropriate treatment; and (ii) may include other standards and criteria that are consistent with the intent of Congress in enacting the exception established under this subsection. (2) Interim final effect.--No later than 60 days after the date of enactment of this Act, the Secretary shall publish a rule in the Federal Register consistent with the factors under paragraph (1)(B). Such rule shall be effective and final immediately on an interim basis, subject to change and revision after public notice and opportunity (for a period of not more than 60 days) for public comment, provided that any change or revision shall be consistent with this subsection.

Summary: Medicare Safety Net Access Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment for certain Federally qualified health center (FQHC) services furnished to an individual enrolled with a Medicare+Choice organization under Medicare part C (Medicare+Choice), allowing for supplemental reimbursement, among other changes.Amends Medicare+Choice to add additional Medicare+Choice contract requirements.Amends SSA title XI with respect to criminal penalties for acts involving Federal health care programs, particularly illegal remunerations (kickbacks). Exempts from the prohibition against such remunerations any remuneration: (1) between a FQHC (or an entity controlled by such a health center) and a Medicare+Choice organization pursuant to a specified written agreement; and (2) between a certain kind of public or nonprofit private health center entity and any individual or entity providing goods, items, services, donations, loans, or a combination, to such health center entity pursuant to an agreement, if such agreement produces a community benefit that will be used by the health center entity to maintain or increase the availability or accessibility, or enhance the quality, of services provided to a medically underserved population served by the health center entity.Amends Medicare to provide for coverage of additional FQHC services.Directs the Secretary of Health and Human Services to establish standards relating to the exception for health center entity arrangements to specified anti-kickback penalties.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Partnership Act of 2015''. SEC. 2. AUTHORIZATION OF THE OFFICE FOR COMMUNITY PARTNERSHIPS OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Title I of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``SEC. 104. OFFICE FOR COMMUNITY PARTNERSHIPS. ``(a) Definitions.--In this section-- ``(1) the term `countering violent extremism' means proactive and relevant actions to counter efforts by extremists to radicalize, recruit, and mobilize followers to violence and to address the conditions that allow for violent extremist recruitment and radicalization; and ``(2) the term `violent extremism' means ideologically motivated violence as a method of advancing a cause. ``(b) Establishment.--There is in the Department an Office for Community Partnerships. ``(c) Head of Office.--The Office for Community Partnerships shall be headed by an Assistant Secretary for Community Partnerships, who shall be designated by the Secretary. ``(d) Deputy Assistant Secretary; Assignment of Personnel.--The Secretary shall-- ``(1) designate a career Deputy Assistant Secretary for Community Partnerships; and ``(2) assign or hire, as appropriate, permanent staff to the Office for Community Partnerships. ``(e) Responsibilities.--The Assistant Secretary for Community Partnerships shall be responsible for the following: ``(1) Leading the efforts of the Department to counter violent extremism across all the components and offices of the Department that conduct strategic and supportive efforts to counter violent extremism. Such efforts shall include the following: ``(A) Partnering with communities to address vulnerabilities that can be exploited by violent extremists in the United States and explore potential remedies for government and nongovernment institutions. ``(B) Working with civil society groups and communities to counter violent extremist propaganda, messaging, or recruitment. ``(C) In coordination with the Office for Civil Rights and Civil Liberties of the Department, managing the outreach and engagement efforts of the Department directed toward communities at risk for radicalization and recruitment for violent extremist activities. ``(D) Ensuring relevant information, research, and products inform efforts to counter violent extremism. ``(E) Developing and maintaining Departmentwide plans, strategy guiding policies, and programs to counter violent extremism. Such plans shall, at a minimum, address each of the following: ``(i) The Department's plan to leverage new and existing Internet and other technologies and social media platforms to improve nongovernment efforts to counter violent extremism, as well as the best practices and lessons learned of other Federal, State, local, tribal, territorial, and foreign partners engaged in similar counter-messaging efforts. ``(ii) The Department's countering violent extremism-related engagement efforts. ``(iii) The use of cooperative agreements with State, local, tribal, territorial, and other Federal departments and agencies responsible for efforts relating to countering violent extremism. ``(F) Coordinating with the Office for Civil Rights and Civil Liberties of the Department to ensure all of the activities of the Department related to countering violent extremism fully respect the privacy, civil rights, and civil liberties of all persons. ``(G) In coordination with the Under Secretary for Science and Technology and in consultation with the Under Secretary for Intelligence and Analysis, identifying and recommending new research and analysis requirements to ensure the dissemination of information and methods for Federal, State, local, tribal, and territorial countering violent extremism practitioners, officials, law enforcement, and nongovernmental partners to utilize such research and analysis. ``(H) Assessing the methods used by violent extremists to disseminate propaganda and messaging to communities at risk for recruitment by violent extremists. ``(2) Developing a digital engagement strategy that expands the outreach efforts of the Department to counter violent extremist messaging by-- ``(A) exploring ways to utilize relevant Internet and other technologies and social media platforms; and ``(B) maximizing other resources available to the Department. ``(3) Serving as the primary representative of the Department in coordinating countering violent extremism efforts with other Federal departments and agencies and nongovernmental organizations. ``(4) Serving as the primary Department-level representative in coordinating with the Department of State on international countering violent extremism issues. ``(5) In coordination with the Administrator of the Federal Emergency Management Agency, providing guidance regarding the use of grants made to State, local, and tribal governments under sections 2003 and 2004 under the allowable uses guidelines related to countering violent extremism. ``(6) Developing a plan to expand philanthropic support for domestic efforts related to countering violent extremism, including by identifying viable community projects and needs for possible philanthropic support. ``(7) Administering the assistance described in subsection (f). ``(f) Grants To Counter Violent Extremism.-- ``(1) In general.--In accordance with this subsection, the Secretary may award grants or cooperative agreements directly to eligible recipients identified in paragraph (2) to support the efforts of local communities in the United States to counter violent extremism. ``(2) Eligible recipients.--The Secretary may award competitive grants or cooperative agreements based on need directly to-- ``(A) States; ``(B) local governments; ``(C) tribal governments; ``(D) nonprofit organizations; or ``(E) institutions of higher education. ``(3) Use of funds.--Each entity receiving a grant or cooperative agreement under this subsection shall use the grant or cooperative agreement for one or more of the following purposes: ``(A) To train or exercise for countering violent extremism, including building training or exercise programs designed to improve cultural competency and to ensure that communities, government, and law enforcement receive accurate, intelligence-based information about the dynamics of radicalization to violence. ``(B) To develop, implement, or expand programs or projects with communities to discuss violent extremism or to engage communities that may be targeted by violent extremist radicalization. ``(C) To develop and implement projects that partner with local communities to prevent radicalization to violence. ``(D) To develop and implement a comprehensive model for preventing violent extremism in local communities, including existing initiatives of State or local law enforcement agencies and existing mechanisms for engaging the resources and expertise available from a range of social service providers, such as education administrators, mental health professionals, and religious leaders. ``(E) To educate the community about countering violent extremism, including the promotion of community-based activities to increase the measures taken by the community to counter violent extremism. ``(F) To develop or assist social service programs that address root causes of violent extremism and develop, build, or enhance alternatives for members of local communities that may be targeted by violent extremism. ``(G) To develop or enhance State or local government initiatives that facilitate and build overall capacity to address the threats post by violent extremism. ``(H) To support such other activities, consistent with the purposes of this subsection, as the Secretary determines appropriate. ``(4) Grant guidelines.-- ``(A) In general.--For each fiscal year, before awarding a grant or cooperative agreement under this subsection, the Secretary shall develop guidelines published in a notice of funding opportunity that describe-- ``(i) the process for applying for grants and cooperative agreements under this subsection; ``(ii) the criteria that the Secretary will use for selecting recipients based on the need demonstrated by the applicant; and ``(iii) the requirements that recipients must follow when utilizing funds under this subsection to conduct training and exercises and otherwise engage local communities regarding countering violent extremism. ``(B) Considerations.--In developing the requirements under subparagraph (A)(iii), the Secretary shall consider the following: ``(i) Training objectives should be clearly defined to meet specific countering violent extremism goals, such as community engagement, cultural awareness, or community-based policing. ``(ii) Engaging diverse communities in the United States to counter violent extremism may require working with local grassroots community organizations to develop engagement and outreach initiatives. ``(iii) Training programs should-- ``(I) be sensitive to constitutional values, such as protecting fundamental civil rights and civil liberties, and eschew notions of racial and ethnic profiling; and ``(II) adhere to the standards and ethics of the Department, ensuring that the clearly defined objectives are in line with the strategies of the Department to counter violent extremism. ``(iv) Establishing vetting procedures for self-selected countering violent extremism training experts who offer programs that may claim to counter violent extremism, but serve to demonize certain individuals or whole cross sections of a community. ``(v) Providing a review process to determine if countering violent extremism training focuses on community engagement and outreach. ``(vi) Providing support to law enforcement to enhance knowledge, skills, and abilities to increase engagement techniques with diverse communities in the United States. ``(g) Annual Report.--Beginning in the first fiscal year beginning after the date of enactment of this section, and in each of the next 5 fiscal years, the Assistant Secretary of the Office for Community Partnerships shall submit to Congress an annual report on the Office for Community Partnerships, which shall include-- ``(1) a description of the status of the programs and policies of the Department for countering violent extremism in the United States; ``(2) a description of the efforts of the Office for Community Partnerships to cooperate with and provide assistance to other Federal departments and agencies; ``(3) qualitative and quantitative metrics for evaluating the success of such programs and policies and the steps taken to evaluate the success of such programs and policies; and ``(4) an accounting of-- ``(A) grants awarded by the Department to counter violent extremism; and ``(B) all training specifically aimed at countering violent extremism sponsored by the Department.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 103 the following: ``Sec. 104. Office for Community Partnerships.''.

Summary: Community Partnership Act of 2015 This bill amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) an Office for Community Partnerships, headed by an Assistant Secretary for Community Partnerships. The Assistant Secretary shall be responsible for: leading strategic and supportive efforts by DHS components and offices to counter violent extremism; developing a digital engagement strategy that expands the outreach efforts of DHS to counter violent extremist messaging; serving as the primary DHS representative in coordinating countering violent extremism efforts with other federal agencies and nongovernmental organizations and in coordinating with the Department of State on international countering violent extremism issues; providing guidance, in coordination with the Federal Emergency Management Agency (FEMA), regarding the use of grants made to state, local, and tribal governments under the Urban Area Security Initiative and the State Homeland Security Grant Program under the allowable uses guidelines related to countering violent extremism; developing a plan to expand philanthropic support for domestic efforts related to countering violent extremism; and administering grants to counter extremism, as authorized below. DHS may award grants or cooperative agreements directly, based on need, to states, local governments, tribal governments, nonprofit organizations, or institutions of higher education to support the efforts of local communities in the United States to prevent and counter violent extremism.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving America's Pollinators Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Pollination services are a vital part of agricultural production, valued at over $125,000,000,000 globally. According to a 2014 Presidential memorandum, pollinators provide for an annual amount of $24,000,000,000 to the economy of the United States and honey bees account for $15,000,000,000 of such amount. Similarly, pollination services of native pollinators, such as bumblebees, squash bees, and mason bees, contribute over $3,000,000,000 to the United States agricultural economy and are estimated to contribute between $937,000,000 and $2,400,000,000 to the economy of California alone. (2) One-third of food produced in North America--including nearly 100 varieties of fruits and vegetables such as almonds, avocados, cranberries, and apples--depends on pollination by bees. (3) Over the past several years, documented incidents of colony collapse disorder and other forms of excess bee mortality have been at a record high, with some beekeepers repeatedly losing 100 percent of their operations. The national honey crop reported in 2013 was the lowest in many decades. (4) A recent national survey sponsored by the Federal Government indicates that United States beekeepers experienced a 45.2 percent annual mortality rate with their hives during the period beginning in April 2012 and ending in March 2013. During the winter of 2013-2014, two-thirds of beekeepers experienced loss rates greater than the established acceptable winter mortality rate. (5) According to scientists at the Department of Agriculture, current losses of honey bee colonies are too high to confidently ensure the United States will be able to meet the pollination demands for agricultural crops. (6) Native pollinators, such as bumble bees, have also suffered alarming population declines. There are currently more than 40 pollinator species federally-listed as threatened or endangered, and most recently, the iconic monarch butterfly has declined by 90 percent. (7) Scientists have linked the use of a certain class of systemic insecticides, known as neonicotinoids, to the rapid decline of pollinators and to the deterioration of pollinator health. (8) Neonicotinoids cause sublethal effects, including impaired foraging and feeding behavior, disorientation, weakened immunity, delayed larval development, and increased susceptibility to viruses, diseases, and parasites. Numerous reports also document acute, lethal effects from the application of neonicotinoids. (9) Conclusions from a recent global review of the impacts of systemic pesticides, primarily neonicotinoids, warn that they are causing significant damage to a wide range of beneficial invertebrate species, are a key factor in the decline of bees, and pose a global threat to biodiversity and ecosystem services. Another recent global review documented high levels of freshwater contamination. (10) Science has demonstrated that a single corn kernel coated with a neonicotinoid is toxic enough to kill a songbird. Peer-reviewed research from the Netherlands has shown that the most severe bird population declines occurred in those areas where neonicotinoid pollution was highest. Starlings, tree sparrows, and swallows were among the most affected. (11) In January 2013, the European Food Safety Authority determined that the most widely used neonicotinoids pose unacceptable hazards to bees, prompting the European Union to suspend their use on agricultural crops. (12) In June 2013, over 50,000 bumblebees were killed as a direct result of exposure to a neonicotinoid applied to linden trees for cosmetic purposes. (13) In February 2014, Eugene, Oregon, voted to ban the use of neonicotinoid pesticides on city property. Similar bans and restrictions have been enacted in Thurston County, Spokane, and Seattle, Washington, and Skagway, Alaska. (14) In June 2014, a Presidential memorandum established a Pollinator Health Task Force after identifying pollinator decline as a threat to the sustainability of food production systems, the agricultural economy, and the health of the environment in the United States. (15) In July 2014, the United States Fish and Wildlife Service announced plans to phase out neonicotinoid pesticides in all national wildlife refuges across the United States by January 2016. The United States Fish and Wildlife Service recognized that the prophylactic use of neonicotinoids for agricultural purposes harms a wide range of non-target species and is therefore inconsistent with the management policy of the United States Fish and Wildlife Service. (16) In October 2014, an assessment by the Environmental Protection Agency found that neonicotinoid seed coatings provide little benefit to overall soybean crop yield. Additional studies determined that in approximately 80 to 90 percent of row crop uses, neonicotinoid coatings are unnecessary. The prophylactic overuse of neonicotinoids violates the fundamental principles of integrated pest management. (17) In November 2014, the Province of Ontario announced the province will move to restrict the use of neonicotinoid- coated corn and soybean seeds because of the broad harms from their overuse, with a goal of 80-percent reduction by 2017. SEC. 3. URGENT REGULATORY RESPONSE FOR HONEY BEE AND POLLINATOR PROTECTION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered, conditionally or otherwise, under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) for use in seed treatment, soil application, or foliar treatment on bee-attractive plants, trees, and cereals until the Administrator has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators based on-- (1) an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honey bees, birds, bats, and other species of beneficial insects; and (2) a completed field study that meets the criteria required by the Administrator and evaluates residues, including residue buildup after repeated annual application, chronic low- dose exposure, cumulative effects of multiple chemical exposures, and any other protocol determined to be necessary by the Administrator to protect managed and native pollinators. (b) Conditions on Certain Pesticides Registrations.-- Notwithstanding section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a), for purposes of the protection of honey bees, other pollinators, and beneficial insects, the Administrator of the Environmental Protection Agency shall not issue any new registrations, conditional or otherwise, for any seed treatment, soil application, and foliar treatment on bee-attractive plants, trees, and cereals under such Act until the Administrator has made the determination described in subsection (a), based on an evaluation described in subsection (a)(1) and a completed field study described in subsection (a)(2), with respect to such insecticide. (c) Monitoring of Native Bees.--The Secretary of the Interior, in coordination with the Administrator of the Environmental Protection Agency, shall, for purposes of protecting and ensuring the long-term viability of native bees and other pollinators of agricultural crops, horticultural plants, wild plants, and other plants-- (1) regularly monitor the health and population status of native bees, including the status of native bees in agricultural and nonagricultural habitats and areas of ornamental plants, residential areas, and landscaped areas; (2) identify the scope and likely causes of unusual native bee mortality; and (3) beginning not later than 180 days after the date of the enactment of this Act and each year thereafter, submit to Congress, and make available to the public, a report on such health and population status.

Summary: Saving America's Pollinators Act of 2015 This bill requires the Environmental Protection Agency (EPA) to suspend the registration of members of the nitro group of neonicotinoid insecticides that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use in seed treatment, soil application, or foliar treatment on bee-attractive plants, trees, and cereals until the EPA determines that the insecticides will not cause unreasonable adverse effects on pollinators. The determination must be based on: an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of those neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honeybees, birds, bats, and other species of beneficial insects; and a completed field study that meets the criteria required by the EPA and evaluates residues, chronic low-dose exposure, and cumulative effects of multiple chemical exposures. The EPA may not issue new registrations of the neonicotinoid pesticides for any seed treatment, soil application, and foliar treatment on bee-attractive plants, trees, and cereals under FIFRA until it has made the determination with respect to the insecticide. For purposes of protecting and ensuring the long-term viability of native bees and other pollinators, the Department of the Interior must: (1) regularly monitor the health and population status of native bees, (2) identify the scope and likely causes of unusual native bee mortality, and (3) submit to Congress and make public an annual report on the health and population status of native bees.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act'' or the ``SAFER TRANSIT Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nationwide, Americans rely on 6,800 public transportation systems for their daily commute. Every weekday, public transportation riders take 35,000,000 trips. Public transportation significantly improves quality of life, saving Americans who live in areas served by public transportation systems nearly 865,000,000 hours in travel time annually. (2) Increasingly, public transportation is becoming a target of terrorist activity. (3) In 2004, terrorists simultaneously detonated explosives concealed inside backpacks on Madrid's commuter train system, killing 191 and injuring nearly 2,000. (4) In 2005, four suicide bombers attacked London's public transportation system, killing 52. (5) In 2011, authorities discovered an improvised explosives device near Amtrak and commuter train tracks. The same year, German police found multiple firebombs alongside high speed rail tracks and in tunnels leading into train stations. (6) On March 22, 2016, a coordinated terrorist attack targeted both the Brussels Airport and a metro station in the city killing 32 and injuring nearly 300 travelers. (7) According to the Global Terrorism Database, there were 57 terror attacks on transportation from 2006 to 2014. (8) To ensure the continued effectiveness of public transportation, the Federal Government must balance transit system security and accessibility. (9) The Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), conferred to the Department of Homeland Security the responsibility for assuring public transportation security. (10) A May 2016 report by the Inspector General of the Department of Homeland Security found that the Transportation Security Administration has limited regulatory oversight of Amtrak's passenger security. (11) A May 2016 report by the Government Accountability Office recommended that the Federal Air Marshal Service undertake a number of measures to ensure resources are allocated according to risk assessments. (12) Congress must provide the agencies and municipalities with the necessary resources to combat terrorism, and continue to conduct oversight of their effective use. SEC. 3. RAIL SECURITY. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Office of Management and Budget, shall submit to Congress a report on the plan of the Secretary to expedite the implementation of the requirements of subtitle B of title XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1161 et seq.) to-- (1) assign rail carriers to high-risk tiers; and (2) establish a rail security training program. SEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS. (a) Authorization of Appropriations.--Section 1303(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1112) is amended by striking ``fiscal years 2007 through 2011'' and inserting ``fiscal years 2016 through 2020''. (b) Surface Transportation Security Inspectors.--Section 1304(j) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1113) is amended by striking ``this section'' and all that follows and inserting ``this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 5. PUBLIC TRANSPORTATION SECURITY RESEARCH AND DEVELOPMENT. Section 1409(h) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1138) is amended by striking ``to make grants'' and all that follows and inserting ``to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 6. RAILROAD SECURITY. Section 1513(i)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1163) is amended by striking ``Out of funds'' and all that follows and inserting: ``There are authorized to be appropriated to the Secretary to carry out this section such sums as necessary for fiscal years 2016 through 2020.''. SEC. 7. OVER-THE-ROAD BUS SECURITY ASSISTANCE. Section 1532(k)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182) is amended by striking ``From amounts'' and all that follows and inserting ``There are authorized to be appropriated to the Secretary to carry out this section such sums as necessary for fiscal years 2016 through 2020.''. SEC. 8. PUBLIC TRANSIT SECURITY POLICE TRAINING PROGRAM. (a) In General.--The Secretary of Homeland Security shall develop a program, to be known as the ``Local Transit Security Instructor Training Program'', which shall be carried out at the Federal Law Enforcement Training Centers. (b) Contents.--The program developed under subsection (a) shall be an intensive training program designed to-- (1) cover the comprehensive tactical subject matters pertaining to the unique nature of public transit operational environments and threats; (2) provide high-quality training and instill the knowledge, skills, and aptitudes needed for the highest proficiency in transit security; and (3) leverage the existing skills of trainee officers by emphasizing leadership, teach backs, and adult learning as well as the traditional technical skills needed by field training officers. (c) Availability.--The Secretary shall make such program available to law enforcement agencies that are eligible for the Homeland Security Grant Program under section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) and have jurisdiction over a geographic area where a public transit system operates rail or bus service. SEC. 9. EFFECTIVENESS OF FEDERAL AIR MARSHAL PROGRAM. The Secretary of Homeland Security shall take such steps as may be necessary to ensure that the Federal Air Marshal Service (hereinafter in this section referred to as the ``FAMS'') uses its resources to cover the highest-risk flights. In carrying out this section, the Secretary shall-- (1) consider risk when determining how to divide the international flight coverage resources of the FAMS among international destinations, incorporate risk into the method of the FAMS for initially setting its annual target numbers of average daily international and domestic flights; (2) conduct and document a risk assessment to further support the domestic resource allocation decisions of the FAMS, including the identification of high-priority geographic areas; (3) in conducting such risk assessment, evaluate the threat environment with regard to each of the different modes of transportation supported by the FAMS to inform resource allocation decisions, including the identification of high- priority modes of transportation; (4) document the rationale for the selection of international destinations by FAMS for air marshal deployment and the proportion of flights to cover at each destination; (5) adopt a consistent name and definition for the performance measure referred to as the TSA coverage score that accurately reflects its calculation method and composite nature; and (6) report the performance results for each of the subcategories that comprise the TSA coverage score to FAMS and TSA leadership.

Summary: Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act or the SAFER TRANSIT Act This bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Visible Intermodal Prevention and Response (VIPR) program and other specified activities related to public transportation security. (Authorization for the VIPR program expired after FY2011.) The Department of Homeland Security must: (1) develop a Local Transit Security Instructor Training Program, and (2) take steps necessary to ensure that the Federal Air Marshal Service uses its resources to cover the highest-risk flights.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy-Efficient Cool Roof Jobs Act''. SEC. 2. DEPRECIATION RECOVERY PERIOD FOR CERTAIN ROOF SYSTEMS. (a) 20-Year Recovery Period.-- (1) In general.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any qualified energy-efficient cool roof replacement property.''. (2) Qualified energy-efficient cool roof replacement property.--Section 168(e) of such Code is amended by adding at the end the following new paragraph: ``(9) Qualified energy-efficient cool roof replacement property.-- ``(A) In general.--The term `qualified energy- efficient cool roof replacement property' means any roof system-- ``(i) which is placed in service above conditioned or semi-heated space on an eligible commercial building, ``(ii) which has a slope equal to or less than 2:12, ``(iii) which replaces an existing roof system, and ``(iv) which includes-- ``(I) insulation which meets or exceeds the minimum prescriptive requirements in tables A-1 to A-9 in the Normative Appendix A of ASHRAE Standard 189.1-2011, and ``(II) in the case of an eligible commercial building located in a climate zone other than climate zone 6, 7, or 8 (as specified in ASHRAE Standard 189.1-2011), a primary roof covering which has a cool roof surface. ``(B) Cool roof surface.--The term `cool roof surface' means a roof the exterior surface of which-- ``(i) has a 3-year-aged solar reflectance of at least 0.55 and a 3-year-aged thermal emittance of at least 0.75, as determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program, or ``(ii) has a 3-year-aged solar reflectance index (SRI) of at least 64, as determined in accordance with ASTM Standard E1980, determined-- ``(I) using a medium-wind-speed convection coefficient of 12 W/ m2.K, and ``(II) using the values for 3-year- aged solar reflectance and 3-year-aged thermal emittance determined in accordance with the Cool Roof Rating Council CRRC-1 Product Rating Program. ``(C) Roof system.--The term `roof system' means a system of roof components, including roof insulation and a membrane or primary roof covering, but not including the roof deck, designed to weather-proof and improve the thermal resistance of a building. ``(D) Eligible commercial building.--The term `eligible commercial building' means any building-- ``(i) which is within the scope of ASHRAE Standard 90.1-2010, ``(ii) which is located in the United States, ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(iv) which was placed in service before the date that is 3 years prior to the date the roof system described in subparagraph (A) is placed in service. ``(E) ASHRAE.--The term `ASHRAE' means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.''. (b) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(J) Any qualified energy-efficient cool roof replacement property.''. (c) Alternative System.--The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``(F)(i)........................................... 25 (F)(ii)........................................... 27.5''. (d) Depreciation Rules for Certain Qualified Energy-Efficient Cool Roof Replacement Property for Purposes of Computing the Earnings and Profits of a Real Estate Investment Trust.-- (1) In general.--Paragraph (3) of section 312(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Treatment of qualified energy-efficient cool roof replacement property.--In the case of any qualified energy-efficient cool roof replacement property (within the meaning of section 168(e)(9)), the adjustment for depreciation to earnings and profits of a real estate investment trust for any taxable year shall be determined under the alternative depreciation method (within the meaning of section 168(g)(2)), except that the recovery period shall be 20 years.''. (2) Conforming amendment.--Subparagraph (A) of section 312(k)(3) of such Code is amended by striking ``subparagraph (B),'' and inserting ``subparagraphs (B) and (C),''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Summary: Energy-Efficient Cool Roof Jobs Act - Amends the Internal Revenue Code to classify any qualified energy-efficient cool roof replacement property as 20-year property for depreciation purposes. Defines "qualified energy-efficient cool roof replacement property" as any roof system that: (1) is placed in service above conditioned or semiheated space on an eligible commercial building, (2) has a slope equal to or less than 2:12 (low-slope roof), (3) replaces an existing roof system, and (4) includes insulation meeting specified standards and a primary roof covering that has a cool roof surface. Requires the adjustment for depreciation to the earnings and profits of a real estate investment trust for any taxable year, in the case of such property, to be determined under the alternative depreciation method, except that the recovery period shall be 20 years.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nye County Higher Education Campus Conveyance Act''. SEC. 2. DEFINITIONS. (a) Definitions.--In this Act: (1) Chancellor.--The term ``Chancellor'' means the Chancellor of the University system. (2) County.--The term ``County'' means the County of Nye, Nevada. (3) College.--The term ``College'' means the Nye County Nevada Higher Education Campus in Pahrump Valley, Nevada, a component of the University system. (4) Federal land.--The term ``Federal land'' means the parcel of Bureau of Land Management land identified on the map as the N\1/2\ (excluding the NW\1/4\NW\1/4\) of sec. 2 of T. 21 S., R. 54 E. (5) Map.--The term ``map'' means the map entitled ``Southern Nevada Public Land Management Act'' and dated October 1, 2002. (6) State.--The term ``State'' means the State of Nevada. (7) University system.--The term ``University system'' means the University and Community College System of Nevada. SEC. 3. CONVEYANCE TO THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA. (a) In General.--Notwithstanding the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and section 1(c) of the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), not later than 1 year after the date on which a survey defining the official metes and bounds of the Federal land is approved by the Secretary, the Secretary shall convey to the University system without consideration, all right, title, and interest of the United States in and to the Federal land for use as a campus for the College. (b) Conditions.-- (1) In general.--As a condition of the conveyance under subsection (a), the Chancellor shall agree in writing-- (A) to pay any administrative costs associated with the conveyance, including the cost of any environmental, wildlife, cultural, or historical resources studies; (B) to use the Federal land conveyed for educational and recreational purposes; (C) to release and indemnify the United States from any claims or liabilities which may arise from uses that are carried out on the Federal land on or before the date of enactment of this Act by the United States or any person; (D) as soon as practicable after the date of the conveyance under subsection (a), to erect at the College an appropriate and centrally located monument that acknowledges the conveyance of the Federal land by the United States for the purpose of furthering the higher education of citizens in the State; and (E) to assist the Bureau of Land Management in providing information to the students of the College and the citizens of the State on-- (i) public land in the State; and (ii) the role of the Bureau of Land Management in managing, preserving, and protecting the public land. (2) Valid existing rights.--The conveyance under subsection (a) shall be subject to all valid existing rights. (c) Use of Federal Land.-- (1) In general.--The University system may use the land conveyed under subsection (a) for-- (A) any purpose relating to the establishment, operation, growth, and maintenance of the College; and (B) any uses relating to those purposes, including residential and commercial development that would generally be associated with an institution of higher education. (2) Other entities.--The University system may-- (A) consistent with Federal and State law, lease or otherwise provide property or space at the College, with or without consideration, to religious, public interest, community, or other groups for services and events that are of interest to the College, the University system, or any community located in the County; (B) allow the County or any other community in the County to use facilities of the College for educational and recreational programs of the County or community; and (C) in conjunction with the County, plan, finance (including through the provision of cost-share assistance), construct, and operate facilities for the County on the Federal land for educational or recreational purposes consistent with this section. (d) Reversion.--If the Federal land or any portion of the Federal land conveyed under subsection (a) ceases to be used for the College, the Federal land or any portion of the Federal land shall, at the discretion of the Secretary, revert to the United States.

Summary: Nye County Higher Education Campus Conveyance Act - Requires the conveyance, without consideration, of all right, title, and interest of the United States in and to specified Bureau of Land Management land in the State of Nevada to the University and Community College System of Nevada for use as a campus for the Nye County Nevada Higher Education Campus in Pahrump Valley, Nevada.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Rapid Deployment Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) The December 1999 United Nations ``Report on the Independent Inquiry into the Actions of the United Nations During the 1994 Genocide in Rwanda'' indicates that in April 1994, the United Nations Security Council failed to deploy 5,500 United Nations peacekeepers to Rwanda within two weeks of the initial violence, thereby allowing the conflict to escalate. The six-month estimated cost of the deployment would have been $115,000,000. Instead, the genocide consumed 800,000 lives along with $2,000,000,000 in humanitarian aid. (2) The April 2000 report of the United Nations Secretary General, ``We the Peoples, The Role of the United Nations in the 21st Century'', states that only member nations of the United Nations can fix the structural weakness of United Nations peace operations. The report compares the current system for launching peacekeeping operations to a volunteer fire department that has to find fire engines and the funds to run them before starting to douse any flames. The present United Nations system relies almost entirely on last minute, ad hoc arrangements that guarantee delay, with respect to the provision of civilian personnel even more so than military personnel. Availability and readiness of forces is very unpredictable and constraints on resources preclude rapid deployment. (3) In August 2000, the specially-appointed panel on United Nations Peace Operations issued its findings. Known as the ``Brahimi Report'' (A/55/305; S/2000/809), the report concludes that ``few of the basic building blocks are in place for the United Nations to rapidly acquire and deploy the human and material resources required to mount any complex peace operation in the future''. These building blocks include a standing police corps, a reserve corps of mission leadership, a sufficient stockpile of equipment, and arrangements for recruitment of civilian personnel. Furthermore, the report encourages member nations to enter partnerships with one another in the context of the United Nations Stand-by Arrangements System (UNSAS). These partnerships would form the basis for Rapid Deployment Brigades (RDBs), which would develop the operational capabilities to fully deploy ``traditional'' peacekeeping operations within 30 days of the adoption of an authorizing Security Council resolution and to fully deploy ``complex'' peacekeeping operations within 90 days of the adoption of an authorizing Security Council resolution. (4) Former United States Ambassador Richard C. Holbrooke, speaking before the United Nations Security Council on November 15, 2000, stated that ``[u]nless we move decisively on meaningful peacekeeping reform, those that threaten peacekeepers across the globe may draw the conclusion that the UN lacks the will, the cohesion and even the capability to perform its essential peacekeeping function''. (5) Both the nations of Europe and the United States have recognized the value and need for rapidly deployable combat units in response to a full spectrum of contingencies, including peacekeeping and humanitarian operations, low- intensity conflicts, and full-scale warfare. The European Union has proposed forming a standing police force and rapid deployment brigades as part of the European Defense Force, and in the United States, the Department of Defense is establishing interim brigade combat teams as part of the overall Army transformation strategy. (6) The United States' veto power in the United Nations Security Council gives it the capacity to halt the deployment of United Nations forces if the deployment is not in the national interests of the United States. SEC. 3. ESTABLISHMENT OF A UNITED NATIONS RAPID DEPLOYMENT POLICE AND SECURITY FORCE. (a) Establishment.--The President shall direct the United States representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations-- (1) to establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) that-- (A) is rapidly deployable under the authority of the United Nations Security Council; (B) should be able to deploy within 15 days of a United Nations Security Council resolution to establish international peace operations; (C) is limited to a maximum deployment of six months for any given mission; (D) should be deployed only when the United Nations Security Council determines that violations of human rights, breaches of the peace, or the failure to restore the rule of law, requires rapid response to ensure adherence to negotiated agreements to prevent or end hostilities; (E) should be composed of at least 6,000 volunteers who train together and are appropriately equipped expressly for international peace operations, including civilian policing; and (F) should be given the authority to protect itself, execute negotiated peace accords, disarm combatants, protect civilians, detain war criminals, restore the rule of law, and to carry out other purposes as detailed in United Nations Security Council resolutions; (2) to recruit personnel to serve in the Force; and (3) to provide equitable and reliable funding for the Force. (b) Definition.--In this section, the term ``international peace operations'' means any operation carried out under a United Nations Security Council resolution. SEC. 4. ESTABLISHMENT OF RAPID DEPLOYMENT BRIGADES. In order to promote the development of human and material resources for United Nations peacekeeping operations as recommended by the August 2000 Report of the Panel on United Nations Peace Operations (A/55/305; S/2000/809), commonly known as the ``Brahimi Report'', the President-- (1) shall direct the Secretary of State and the United States representative to the United Nations to encourage the member nations of the United Nations to enter into partnerships with one another, in the context of the United Nations Stand-by Arrangements System (UNSAS), to form the basis for Rapid Deployment Brigades, which would develop the operational capabilities to fully deploy ``traditional'' peacekeeping operations within 30 days of the adoption of a Security Council resolution and ``complex'' peacekeeping operations within 90 days of the adoption of a Security Council resolution; and (2) shall direct the Secretary of Defense to undertake a study, not later than six months after the date of the enactment of this Act, to determine the advisability of and the feasibility of using interim combat brigade teams as part of Rapid Deployment Brigades as described in paragraph (1). SEC. 5. REPORT ON UNITED NATIONS RAPID DEPLOYMENT. Not later than one year after the date of enactment of this Act, the President shall prepare and transmit to the Congress a report on-- (1) the status of negotiations to establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) in accordance with section 3; (2) the status of United States activities to encourage member nations of the United Nations to establish Rapid Deployment Brigades in accordance with section 4(1); and (3) the results of the study conducted under section 4(2).

Summary: United Nations Rapid Deployment Act of 2001 - Requires the President to direct the U.S. representative to the United Nations (UN) to use the voice, vote, and influence of the United States to urge the UN to: (1) establish a United Nations Rapid Deployment Police and Security Force (UNRDPSF) that is rapidly deployable under the authority of the UN Security Council, and that meets other specified requirements; (2) recruit UNRDPSF personnel; and (3) provide equitable and reliable funding.Requires the President, in order to promote the development of human and material resources for UN peacekeeping operations as recommended by the August 2000 Report of the Panel on UN Peace Operations (Brahimi Report), to: (1) direct the Secretary of State and the U.S. representative to the UN to encourage UN member nations to enter into partnerships with one another to form Rapid Deployment Brigades which could develop operational capabilities to fully deploy peacekeeping operations within a specified time; and (2) direct the Secretary of Defense to study the advisability of and feasibility of using interim combat brigade teams as part of the Rapid Deployment Brigades.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Marriage from the Courts Act of 2015''. SEC. 2. LEGISLATIVE FINDINGS. The Senate makes the following findings: (1) In Baker v. Nelson, 409 U.S. 810 (1972), the Supreme Court of the United States upheld a State law defining marriage as the union of one man and one woman against a constitutional challenge by a same-sex couple seeking to marry. The Court rejected the challenge in a one-sentence order that read, ``The appeal is dismissed for want of a substantial federal question.''. (2) The Supreme Court's judgment in Baker is as sound today as it was then. Challenging a State marriage law on the basis that it does not extend to same-sex couples raises no substantial Federal question because nothing in the text or history of the 14th Amendment to the Constitution of the United States even arguably indicates a general public understanding at the time of ratification that the ratifiers had adopted a constitutional principle that invalidated State laws defining marriage as a male-female union. (3) It follows that the power to decide whether to extend the legal status and benefits of marriage to same-sex couples does not belong to the courts, but rests instead with the people through their elected State representatives, unless their State constitutions provide otherwise. The Constitution of the United States leaves it to the people of each State to decide for themselves through their democratic processes how to redefine the legal meaning of marriage for purposes of their respective State laws. (4) Numerous Federal courts, including the United States Courts of Appeals for the Fourth, Seventh, Ninth, and Tenth Circuits, have nevertheless invalidated State marriage laws that do not allow the licensing of same-sex marriages. In so doing, these courts have exceeded their authority under the Constitution and have usurped the people's exclusive authority to decide this issue. Pending before the Supreme Court are 4 related cases challenging the marriage laws in Kentucky, Michigan, Ohio, and Tennessee. (5) The purpose of this Act (including the amendment made by this Act) is to maintain the authority of the States to define marriage and to prevent, consistent with the Constitution, any further unlawful action by Federal courts until such time as an amendment to the Constitution is enacted unequivocally guaranteeing that the States have the power to define marriage as limited to the union of one man and one woman. (6) This Act prevents that unlawful action by eliminating the jurisdiction of all courts created by Federal law, as well as the appellate jurisdiction of the Supreme Court, to adjudicate claims pertaining to the constitutionality of State marriage laws. Because section 1 of article III of the Constitution gives Congress the power to ``ordain and establish'' ``inferior Courts'', the Supreme Court has long held that Congress has the power to limit the jurisdiction of the lower Federal courts. See Palmore v. United States, 411 U.S. 389, 400-01 (1973). In addition, section 2 of article III of the Constitution gives Congress the power to make ``Exceptions'' to the appellate jurisdiction of the Supreme Court. The Supreme Court itself has acknowledged that this power applies even to cases that are pending before the Court. See Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 (1869). (7) Finally, this Act makes clear that a court's judgment only applies to the parties before the court and that nonparties have no legal obligation to comply with the decision until so ordered by a court. SEC. 3. LIMITATION OF JURISDICTION. (a) In General.--Chapter 99 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1632. Limitations on Federal jurisdiction ``(a) No court created by Federal law shall have jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to adjudicate or enforce any claim pertaining to the validity, under the Constitution of the United States, of a State law, or State administrative or judicial decision, that-- ``(1) defines marriage as limited to the union of one man and one woman; or ``(2) refuses State recognition of or allows the State to refuse recognition of same-sex marriages performed and licensed in other States. ``(b) To the extent that either a court created by Federal law or the Supreme Court has entered a final judgment on a claim described in subsection (a) before the effective date of this section, that judgment binds only the parties to the case. No person who is not a party to the case shall have any obligation to comply with the decision in the case.''. (b) Severability.--If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected. (c) Effective Date and Application.-- (1) Effective date.--This Act (including the amendment made by this Act) takes effect on the date of enactment of this Act. (2) Application.--This Act applies to all claims pending on or after that date of enactment. (d) Amendments to the Table of Sections.--The table of sections for chapter 99 of title 28, United States Code, is amended by adding at the end the following: ``1632. Limitations on Federal jurisdiction.''.

Summary: Protect Marriage from the Courts Act of 2015 Prohibits federal courts from having jurisdiction to adjudicate or enforce any claim pertaining to the validity, under the U.S. Constitution, of a state law or a state administrative or judicial decision that: (1) defines marriage as limited to the union of one man and one woman, or (2) refuses state recognition of, or allows the state to refuse recognition of, same-sex marriages performed and licensed in other states. Allows final judgments entered by federal courts before the enactment of this Act to remain binding on the parties to the case, but persons who are not a party to such a case are not obligated to comply with such decisions.