Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Cost and Tax Relief Act''.

SEC. 2. TAX CREDIT FOR ENERGY CONSERVATION EXPENDITURES IN RESIDENCES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits against tax) is amended by inserting after section 25B
the following new section:

``SEC. 25C. ENERGY CONSERVATION PROPERTY IN RESIDENCES.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 50 percent of the expenditures
made by the taxpayer for qualified energy conservation property during
such taxable year.
    ``(b) Limitation.--The credit allowed under subsection (a) with
respect to each dwelling unit for any taxable year shall not exceed
$2,500.
    ``(c) Qualified Energy Conservation Property.--For purposes of this
section--
            ``(1) In general.--The term `qualified energy conservation
        property' means energy conservation property described in
        paragraph (2) if--
                    ``(A) the property is certified by the Secretary of
                Energy to equal or exceed energy conservation standards
                for such property or for the installation of such
                property, and
                    ``(B) the property is installed on or in connection
                with a dwelling unit which is located in the United
                States and which is used by the taxpayer as a
                residence.
            ``(2) Description of energy conservation property.--For
        purposes of paragraph (1), energy conservation property
        described in this paragraph is the following:
                    ``(A) Ceiling insulation.
                    ``(B) Weatherstripping.
                    ``(C) Water heater insulation blankets.
                    ``(D) Low-flow showerheads.
                    ``(E) Caulking in ceilings.
                    ``(F) Insulation of plenums and ducts.
                    ``(G) Storm windows with a U-value of 0.45 or less.
                    ``(H) Thermal doors and windows.
                    ``(I) Duty cyclers.
                    ``(J) Clock thermostats.
                    ``(K) Evaporative coolers.
                    ``(L) Whole house fans.
                    ``(M) External shading devices.
                    ``(N) Thermal energy storage devices with central
                control systems.
                    ``(O) Controls and automatic switching devices
                between natural and electric lighting.
                    ``(P) Any other property that the Secretary of
                Energy determines to be an effective device for the
                conservation of energy.
    ``(d) Certification.--For purposes of subsection (c)(1)(A)--
            ``(1) Products.--A certification with respect to qualified
        energy conservation property shall be made by the manufacturer
        of such property.
            ``(2) Installation.--A certification with respect to the
        installation of qualified energy conservation property shall be
        made by the person who sold or installed the property.
            ``(3) Form.--Certifications referred to in this subsection
        shall be in such form as the Secretary shall prescribe, and,
        except in the case of a certification by a representative of a
        local building regulatory authority, shall include the taxpayer
        identification number of the person making the certification.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) Dollar amounts in case of joint occupancy.--In the
        case of any dwelling unit which if jointly occupied and used
        during any calendar year as a residence by 2 or more
        individuals the following shall apply:
                    ``(A) The amount of the credit allowable under
                subsection (a) by reason of expenditures (as the case
                may be) made during such calendar year by any of such
                individuals with respect to such dwelling unit shall be
                determined by treating all of such individuals as 1
                taxpayer whose taxable year is such calendar year.
                    ``(B) There shall be allowable with respect to such
                expenditures to each of such individuals, a credit
                under subsection (a) for the taxable year in which such
                calendar year ends in an amount which bears the same
                ratio to the amount determined under subparagraph (A)
                as the amount of such expenditures made by such
                individual during such calendar year bears to the
                aggregate of such expenditures made by all of such
                individuals during such calendar year.
            ``(2) Tenant-stockholder in cooperative housing
        corporation.--In the case of an individual who is a tenant-
        stockholder (as defined in section 216) in a cooperative
        housing corporation (as defined in such section), such
        individual shall be treated as having made his tenant-
        stockholder's proportionate share (as defined in section
        216(b)(3)) of any expenditures of such corporation.
            ``(3) Condominiums.--
                    ``(A) In general.--In the case of an individual who
                is a member of a condominium management association
                with respect to a condominium which he owns, such
                individual shall be treated as having made his
                proportionate share of any expenditures of such
                association.
                    ``(B) Condominium management association.--For
                purposes of this paragraph, the term `condominium
                management association' means an organization which
                meets the requirements of paragraph (1) of section
                528(c) (other than subparagraph (E) thereof) with
                respect to a condominium project substantially all of
                the units of which are used as residences.
            ``(4) Joint ownership of energy items.--
                    ``(A) In general.--Any expenditure otherwise
                qualifying as an expenditure for qualified energy
                conservation property shall not be treated as failing
                to so qualify merely because such expenditure was made
                with respect to 2 or more dwelling units.
                    ``(B) Limits applied separately.--In the case of
                any expenditure described in subparagraph (A), the
                amount of the credit allowable under subsection (a)
                shall (subject to paragraph (1)) be computed separately
                with respect to the amount of the expenditure made for
                each dwelling unit.
            ``(5) Allocation in certain cases.--If less than 80 percent
        of the use of an item is for nonbusiness residential purposes,
        only that portion of the expenditures for such item which is
        properly allocable to use for nonbusiness residential purposes
        shall be taken into account.
            ``(6) When expenditure made; amount of expenditure.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), an expenditure with respect to an
                item shall be treated as made when the original
                installation of the item is completed.
                    ``(B) Expenditures part of building construction.--
                In the case of an expenditure in connection with the
                construction or reconstruction of a structure, such
                expenditure shall be treated as made when the original
                use of the constructed or reconstructed structure by
                the taxpayer begins.
                    ``(C) Amount.--The amount of any expenditure shall
                be the cost thereof.
            ``(7) Other applicable rules.--Rules similar to the rules
        of paragraphs (4) and (5) of section 48(a) shall apply for
        purposes of this section.
    ``(f) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
    ``(g) Denial of Double Benefit.--No deduction or other credit shall
be allowed under this chapter for any expenditure for which credit is
allowed under this section.
    ``(h) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.
    ``(i) Application of Section.--This section shall apply to
expenditures with respect to property placed in service after December
31, 2000.''.
    (b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code (relating to general rule for adjustments to basis) is amended by
striking ``and'' at the end of paragraph (27), by striking the period
at the end of paragraph (28) and inserting ``, and'', and by adding at
the end the following new paragraph:
            ``(29) in the case of a residence with respect to which a
        credit was allowed under section 25C, to the extent provided in
        section 25C(f).''.
    (c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25B the following new
item:

                              ``Sec. 25C. Energy conservation property
                                        in residences.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 3. TAX CREDIT FOR PURCHASES OF ENERGY EFFICIENT APPLIANCES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits against tax), as amended by section 2, is amended by
inserting after section 25C the following new section:

``SEC. 25D. ENERGY EFFICIENT APPLIANCES.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter an
amount equal to 50 percent of the amount paid by the taxpayer for the
purchase of any qualified appliance.
    ``(b) Limitation.--The credit allowed under subsection (a) for any
taxable year shall not exceed $2,500.
    ``(c) Qualified Appliance.--For purposes of this section--
            ``(1) In general.--The term `qualified appliance' means any
        appliance listed in paragraph (2) if it meets the standards in
        the Appliance Standards Program of the Department of Energy (in
        part 430 of chapter II of title 10 of the Code of Federal
        Regulations).
            ``(2) List of appliances.--For purposes of paragraph (1),
        the appliances listed in this paragraph are the following:
                    ``(A) Air conditioners--central air and heat pumps.
                    ``(B) Air conditioners--room.
                    ``(C) Clothes dryers.
                    ``(D) Clothes washers.
                    ``(E) Heating equipment--furnaces and boilers.
                    ``(F) Kitchen ranges and ovens.
                    ``(G) Refrigerators, refrigerator-freezers, and
                freezers.
                    ``(H) Showerheads and faucets.
                    ``(I) Water closets and urinals.
                    ``(J) Water heaters.''.
    (b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code, as amended by
section 2, is amended by inserting after the item relating to section
25C the following new item:

``25D. Energy efficient appliances.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

Output: Energy Cost and Tax Relief Act- Amends the Internal Code to provide, for an individual, tax credits equal to 50 percent of: (1) the expenditures (up to a limit of $2,500 annually for each dwelling unit) for qualified energy conservation property during a year; and (2) the expenditures (up to a limit of $2,500 annually) for the purchase of any qualified appliance.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Caribbean Basin
Trade Enhancement Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
               TITLE I--CENTER FOR CARIBBEAN BASIN TRADE

Sec. 101. Findings.
Sec. 102. Establishment.
Sec. 103. Activities.
Sec. 104. Administrative provisions.
Sec. 105. Sense of Congress.
        TITLE II--CARIBBEAN BASIN SKILLS-BASED TRAINING PROGRAM

Sec. 201. Findings.
Sec. 202. Establishment.
Sec. 203. Activities.
Sec. 204. Sense of Congress.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Report.
Sec. 302. Definitions.
Sec. 303. Authorization of appropriations.

               TITLE I--CENTER FOR CARIBBEAN BASIN TRADE

SEC. 101. FINDINGS.

    Congress finds the following:
            (1) Increased globalization and economic integration are
        requiring countries throughout the world to rethink their
        competitiveness strategies and to take affirmative steps to
        improve their trade capacities.
            (2) Countries of the Caribbean Basin can benefit from
        assistance to improve their trade capacities.
            (3) The Organization of American States (OAS) has relevant
        experience in developing trade capacity initiatives and
        programs of countries of the Western Hemisphere. In particular,
        the Office for Trade, Growth and Competitiveness of the OAS has
        successfully trained trade negotiators, particularly within the
        context of negotiations to conclude a Free Trade Area of the
        Americas (FTAA).

SEC. 102. ESTABLISHMENT.

    The Secretary of State is authorized to make a voluntary
contribution on a grant basis to the Organization of American States to
establish a Center for Caribbean Basin Trade (hereinafter in this title
referred to as the ``Center'') in accordance with the provisions of
this title.

SEC. 103. ACTIVITIES.

    The Center shall carry out the following activities:
            (1) Provide government officials of Caribbean Basin
        countries, including trade negotiators, with technical
        assistance in developing and implementing trade agreements.
            (2) Assist government officials and private sector
        representatives of Caribbean Basin countries to further assist
        firms in developing export readiness, such as developing firms'
        commitment, identifying primary target markets, selecting
        market entry strategies, developing an international market
        plan, and developing distribution networks in other countries.
            (3) Provide training and consulting services to Caribbean
        Basin countries to upgrade port facilities, strengthen security
        measures, upgrade customs procedures, and modernize other
        infrastructure critical to trade.
            (4) Provide training and consulting services to government
        officials and private sector representatives of Caribbean Basin
        countries on import requirements of major trading countries for
        the Caribbean Basin region, including the United States, as
        well as financing mechanisms.

SEC. 104. ADMINISTRATIVE PROVISIONS.

    The Secretary of State, acting through the Assistant Secretary of
State for Western Hemisphere Affairs and the United States Permanent
Representative to the Organization of American States, shall work with
the Organization of American States to determine the location, staffing
requirements, programs, and working methodology of the Center.

SEC. 105. SENSE OF CONGRESS.

    It is the sense of Congress that a thorough study and analysis
should be undertaken to determine a permanent location of the Center.

        TITLE II--CARIBBEAN BASIN SKILLS-BASED TRAINING PROGRAM

SEC. 201. FINDINGS.

    Congress finds the following:
            (1) Studies demonstrate that greater emphasis needs to be
        given to secondary education in countries of the Western
        Hemisphere, including Caribbean Basin countries, in order to
        bridge the widening educational and technology gap in such
        countries, which ultimately hinders job growth.
            (2) Access to education is fundamental in helping to
        eradicate the poverty which limits economic growth in the
        countries of the Caribbean Basin.
            (3) Countries of the Western Hemisphere have consistently
        lagged behind the countries of Asia and other regions,
        suffering a self-perpetuating cycle of low-growth and
        increasing poverty.
            (4) The community college system in the United States
        provides skills-based training for United States workers and is
        a useful model for a skills-based training system for Caribbean
        Basin countries.
            (5) A skills-based training program established under the
        management of the Organization of American States (OAS) would
        be an effective means of addressing the needs of individuals
        and economic concerns in the Caribbean Basin region.
            (6) Such a program would provide individuals with the
        skills required to improve their standard of living and,
        together with employers, would further facilitate the economic
        integration of the countries of the Western Hemisphere.

SEC. 202. ESTABLISHMENT.

    The Secretary of State is authorized to make a voluntary
contribution on a grant basis to the Organization of American States to
establish a skills-based training program for Caribbean Basin countries
(hereinafter in this title referred to as the ``program'') in
accordance with the provisions of this title.

SEC. 203. ACTIVITIES.

    The program shall carry out activities to support a productive
workforce in Caribbean Basin countries.

SEC. 204. SENSE OF CONGRESS.

    It is the sense of Congress that the program should focus on mid-
level technical education and training for the workforce in Caribbean
Basin countries, utilizing existing educational facilities, cooperative
private sector and government entities, and Internet-based training.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. REPORT.

    Not later than one year after the date of the enactment of this
Act, the Secretary of State shall submit to the appropriate
congressional committees a report on the implementation of this Act.

SEC. 302. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on International Relations and
                the Committee on Appropriations of the House of
                Representatives; and
                    (B) the Committee on Foreign Relations and the
                Committee on Appropriations of the Senate.
            (2) Caribbean basin countries; countries of the caribbean
        basin.--The term ``Caribbean Basin countries'' or ``countries
        of the Caribbean Basin'' means the countries and territories
        specified in the matter preceding paragraph (1) of section
        212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C.
        2702(b)).
            (3) OAS.--The term ``OAS'' means the Organization of
        American States.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State to carry out this Act such sums
as may be necessary for fiscal year 2006.
    (b) Sense of Congress.--Of the amount appropriated pursuant to the
authorization of appropriations under subsection (a), it is the sense
of Congress that up to $10,000,000 should be available to carry out
title I of this Act and up to $10,000,000 should be available to carry
out title II of this Act.

Output:
Caribbean Basin Trade Enhancement Act of 2005 - Authorizes the Secretary of State to make a voluntary contribution (on a grant basis) to the Organization of American States to establish a: (1) Center for Caribbean Basin Trade; and (2) a skills-based training program for Caribbean Basin countries.

Expresses the sense of Congress that: (1) a thorough study and analysis should be undertaken to determine a permanent location of the Center; and (2) the skills-based program should focus on mid-level technical education and training for the workforce in Caribbean Basin countries, utilizing existing educational facilities, cooperative private sector and government entities, and Internet-based training.


Input:
SECTION 1. CHILD SUPPORT AUDIT ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') shall establish a committee
which shall be known as the Child Support Audit Advisory Committee (in
this Act referred to as the ``Committee'').
    (b) Duties.--The Committee shall assist the Secretary in--
            (1) developing revised audit criteria and standards to be
        used pursuant to section 452(a)(4) of the Social Security Act
        based on--
                    (A) common data elements which are defined,
                collected, and reported in a uniform manner from each
                State;
                    (B) numeric measures of the outcomes of the child
                support enforcement program under part D of title IV of
                such Act; and
                    (C) numeric measures for assessing compliance with
                the regulations issued by the Secretary pursuant to
                subsections (h) and (i) of section 452 of such Act;
            (2) formulating a definition of substantial compliance that
        is based on such revised audit criteria and standards;
            (3) determining the period of time after interim or final
        Federal regulations are issued implementing such revised audit
        criteria and standards after which a State may be audited to
        determine compliance with such regulations; and
            (4) recommending to the Congress such legislation as may be
        necessary, with respect to the financing of State child support
        programs under part D of title IV of such Act, to enhance the
        effectiveness of audits required to be conducted under section
        452(a)(4) of such Act and the associated penalty process under
        section 403(h) of such Act.
    (c) Membership.--The Committee shall be composed of not less than 6
members appointed by the Secretary, including--
            (1) at least 1 director of a State child support
        enforcement program operating under part D of title IV of the
        Social Security Act;
            (2) at least 1 commissioner of a State human services
        agency;
            (3) individuals who have demonstrated expertise in the
        development of quantitative and qualitative measures for
        performance-based audits; and
            (4) at least 2 representatives of recipients of child
        support enforcement services.
    (d) Procedure.--
            (1) Participation of the secretary.--The Secretary (or a
        designee of the Secretary) shall be an ex officio member of the
        Committee, and shall not vote on matters before the Committee.
            (2) Meetings.--The Committee shall meet at the call of the
        Secretary or a designee of the Secretary.
    (e) Compensation.--
            (1) In general.--No member of the Committee may receive
        compensation for service on the Committee.
            (2) Travel expenses.--Each member of the Committee shall
        receive travel expenses, including per diem in lieu of
        subsistence, in accordance with sections 5702 and 5703 of title
        5, United States Code.
    (f) Administrative Support.--Upon request of the Committee, the
Secretary shall provide to the Committee the administrative support
services necessary for the Committee to carry out its duties under this
Act.
    (g) Inapplicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act shall not apply to the Committee.
    (h) Report.--Within 180 days after the date of the enactment of
this Act, the Committee shall submit to the Secretary a report that
contains proposed criteria and standards for conducting audits under
section 452(a)(4) of the Social Security Act, which emphasize program
outcomes.

SEC. 2. NEW CHILD SUPPORT AUDIT PROCESS.

    (a) In General.--After consultation with the Committee, the
Secretary shall--
            (1) in accordance with subsection (b), promulgate new
        criteria and standards for conducting audits under section
        452(a)(4) of the Social Security Act, which emphasize program
        outcomes; and
            (2) not later than the 1st day of the 12th calendar month
        beginning after the date of the enactment of this Act,
        recommend to the Congress such legislation as may be necessary,
        with respect to the financing of State child support programs
        under part D of title IV of the Social Security Act, to enhance
        the effectiveness of such audits and the associated penalty
        process under section 403(h) of the Social Security Act.
    (b) Timing.--
            (1) Notice of proposed rulemaking.--Not later than 270 days
        after the date of the enactment of this Act, the Secretary
        shall issue a notice of proposed rulemaking with respect to the
        audit criteria and standards required by subsection (a)(1).
            (2) Final regulations.--Not later than the first day of the
        12th calendar month beginning after the date of the enactment
        of this Act, and after allowing not less than 45 days for
        public comment on the proposed rulemaking required by paragraph
        (1) of this subsection, the Secretary shall issue final
        regulations with respect to the audit criteria and standards
        required by subsection (a)(1).

Output: Directs the Secretary of Health and Human Services to:  (1) establish the Child Support Audit Advisory Committee to assist in developing new criteria and standards for audits of State child support agencies which emphasize program outcomes; and (2) issue final regulations to implement such criteria and standards.


Input:
SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The United States District Court for the Western
        District of Texas (in this Act referred to as the ``Western
        District'') has jurisdiction over Federal criminal matters
        involving a majority of the Texas-Mexico border region. United
        States-Mexico border-related criminal activities pose an
        enormous challenge to the Western District, where the caseload
        involving border-related crimes has crowded the docket in
        recent years. These challenges are confronted by the judiciary
        at the John H. Wood, Jr. U.S. Courthouse, in San Antonio (in
        this Act referred to as the ``Wood Courthouse''), a building
        which was not designed to serve as a courthouse, is not
        equipped with adequate security features, and has fallen into
        disrepair to a degree that places human health and safety in
        jeopardy.
            (2) The Wood Courthouse was originally designed and
        constructed to serve as a temporary pavilion for the 1968
        World's Fair. Consistently one of the busiest courts in the
        Nation, the courthouse has been remodeled several times over
        the last 45 years to accommodate the ever increasing number of
        judges and staff--expanding from an initial 2 United States
        District Court Judges and a staffing level of 24, to the
        current 7 judges and over 280 staff. The workload of the
        Western District has grown significantly over the years, in
        large part due to an increased number of criminal cases,
        including those related to drug trafficking and gang activity
        along the border region.
            (3) The Wood Courthouse's inadequate security features lead
        to judges, United States Marshals, judicial staff, and jurors
        routinely facing defendants charged with violent crimes in
        corridors, elevators, and entryways. The courthouse has no
        security sally port. Judges, employees, and prisoners all use
        the same entrance to access the courthouse.
            (4) Other Wood Courthouse security-related concerns include
        the following: The current building has inadequate vehicle
        gates. Cell block doors and walls are not built to institution
        standards. There is little to no fencing surrounding the
        property, and nearly the complete circumference of the building
        is easily accessible by foot. There are no barriers surrounding
        the property. The facility's intrusion detection system fails
        to meet minimum standards. Cooperating prisoners and other
        prisoners or gang members in protective custody cannot be
        adequately segregated. There is only one room available for
        attorneys to meet with their clients--a room that is also used
        by pretrial officers and probation officers for interviews.
        Conversations can be overhead by others, including
        conversations addressing becoming a cooperating witness in the
        prosecution of others. The operations area for the deputy
        marshals to conduct their work is insufficient and the control
        room (providing audiovisual control of the building and
        exterior) is both inadequate and contains obsolete equipment.
        Judges, staff, and jurors very often encounter criminal
        defendants in the corridors because of these serious security
        lapses.
            (5) Even if some of the problems identified above were
        remedied, the 1968 theatre design of the building cannot be
        reconfigured to address the security problems inherent in the
        structure.
            (6) Environmental contamination, as well as aging,
        deteriorated drinking water facilities, pose urgent public
        health concerns in the Wood Courthouse. Water sampling
        conducted in the courthouse building in July and August 2015
        found high levels of lead and bacteria in 9 of the building's
        sources of drinking water, including 5 water fountains and 2
        break room sinks. Health regulations classify lead
        concentrations of more than 15 parts per billion as
        unacceptable; the testing found levels ranging from 2 to 6
        times higher than 15 parts per billion. An August 25, 2015,
        water sampling revealed that 7 of 25 samples contained
        unacceptable levels of lead. Two of the 25 samples tested
        unacceptable for high levels of iron. Three of the 25 samples
        tested unacceptable for high levels of bacteria. The Federal
        Occupational Health office within the Department of Health and
        Human Services has confirmed that 8 water fountains or faucets
        test unacceptable because of high levels of lead, iron, or
        both. Lead is highly toxic and can cause kidney and blood
        pressure problems in adults. In children, lead can lead to
        delays in physical and mental development. The source of
        contamination in the Wood Courthouse is currently undetermined.
        Tests indicate that drinking water piped into the Wood
        Courthouse is not contaminated. Contamination could be related
        to pipes within the building, or to pipes that connect to the
        underground water main.
            (7) The Wood Courthouse has serious HVAC deficiencies.
        There are a total of 14 air handlers in the building. One of
        the air handlers is broken and out of service. Two other air
        handlers are original 1968 or 1975 equipment. They all are
        rotten and leak. The thermostats that are supposed to
        electronically control the building's HVAC system have not
        worked for over 4 years. Louvers in the building are manually
        adjusted to balance the air sent to the courtrooms or offices
        which cause wild temperature fluctuations. In the crawl space
        located below the courthouse, the pipes leak. When it rains,
        water accumulates. The building's fresh air passes through the
        crawl space and then flows into the building and the air is
        impacted by the mold in the air handlers and duct systems.
        Additionally, electrical wires in the crawl space are exposed
        to the mold and water accumulation. There is no separate
        prisoner elevator, separate prisoner circulation, and
        concomitant secure air exhaust or germicidal systems. Any
        prisoner with a communicable airborne disease can infect the
        entire building.
            (8) There is consensus among the Federal judicial and
        executive branches, including the Administrative Office of the
        United States Courts and the General Services Administration,
        that the Wood Courthouse needs to be replaced by a new
        courthouse to be constructed on available land to be conveyed
        to the General Services Administration by the City of San
        Antonio. The Wood Courthouse must be replaced with a modern
        building to allow for justice to be properly served, and to
        protect the safety and health of all those who are involved in
        Federal judicial matters.

SEC. 2. EMERGENCY APPROPRIATIONS.

     There is hereby appropriated for the fiscal year ending September
30, 2016, out of any money in the Treasury not otherwise appropriated
or obligated, $135,000,000 for the construction of a new courthouse for
the United States District Court for the Western District of Texas:
Provided, That such amount, or any portion of such amount, may be
derived from the Assets Forfeiture Fund and the Federal Buildings Fund:
Provided further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 3. REAL PROPERTY EXCHANGE.

     The courthouse construction to be funded pursuant to section 2
shall include an exchange of titles to real property, on terms to be
negotiated between the Administrator of General Services and the City
of San Antonio. The property exchange shall involve federally owned
land including the Wood Courthouse and Spears Judicial Training Center,
located at 655 and 643, respectively, East Cesar E. Chavez Boulevard,
San Antonio, Texas, and city-owned land commonly known as the San
Antonio Police Headquarters Site, 214 West Nueva Street, at the corner
of West Nueva and Santa Rosa Streets, San Antonio, Texas.

SEC. 4. REPORT TO CONGRESS.

     Not later than 6 months after the date of enactment of this Act,
the Administrator of General Services shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
Committees on Appropriations of the House of Representatives and the
Senate, a report on progress of the implementation of sections 2 and 3
of this Act.

Output: This bill provides $135 million in FY2016 emergency appropriations for the construction of a new courthouse for the U.S. District Court for the Western District of Texas. The bill designates the funds as an emergency requirement, which exempts the funds from limits on discretionary spending and other budget enforcement rules.  The construction of the courthouse must include a real property exchange between the city of San Antonio, Texas, and the General Services Administration (GSA) involving: (1) federally owned land including the Wood Courthouse and Spears Judicial Training Center, and (2) city-owned land commonly known as the San Antonio Police Headquarters Site.  Within six months of enactment of this bill, the GSA must provide a progress report to Congress.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``529 and ABLE Account Improvement Act
of 2016''.

SEC. 2. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS AND
              QUALIFIED ABLE PROGRAMS.

    (a) In General.--Subsection (a) of section 132 of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
paragraph (7), by striking the period at the end of paragraph (8) and
inserting ``, or'', and by adding at the end the following new
paragraph:
            ``(9) qualified tuition program and qualified ABLE program
        contributions.''.
    (b) Qualified Tuition Program and Qualified ABLE Program
Contributions Defined.--Section 132 of such Code is amended by
redesignating subsection (o) as subsection (p) and inserting after
subsection (n) the following new subsection:
    ``(o) Qualified Tuition Program and Qualified ABLE Program
Contributions Defined.--
            ``(1) In general.--For purposes of this section, the term
        `qualified tuition and qualified ABLE program contributions'
        means contributions (including matching contributions) made by
        an employer directly to a qualified tuition program (as
        described in section 529) or qualified ABLE program (as
        described in section 529A) designated by an employee if--
                    ``(A) such contribution is made to an account under
                such program for which the designated beneficiary is
                the employee or a member of the family of the employee
                (within the meaning of section 529(e)(2)), and
                    ``(B) such contribution is made in connection with
                a qualified payroll deduction contribution program
                established by the employer.
            ``(2) Qualified payroll deduction contribution program.--
        For purposes of this subsection, the term `qualified payroll
        deduction contribution program' means a program established by
        an employer--
                    ``(A) under which employees may elect to make
                contributions to accounts described in paragraph (1)(A)
                which reduce the amount of wages received directly by
                such employee by the amount of such contribution, and
                    ``(B) which is made available on substantially the
                same terms to each member of a group of employees which
                is defined under a reasonable classification set up by
                the employer which does not discriminate in favor of
                highly compensated employees (as defined in section
                414(q)).
            ``(3) Limitation on exclusion.--The amount of qualified
        tuition and qualified ABLE program contributions which may be
        excluded from gross income under subsection (a)(9) with respect
        to any employee shall not exceed $100 in any calendar year.
            ``(4) Nondiscrimination rule for employer contributions.--
        Subsection (a)(9) shall only apply to contributions provided
        with respect to a highly compensated employee if such
        contributions meet the requirements of paragraph (2)(B).
            ``(5) Inflation adjustment.--
                    ``(A) In general.--In the case of any taxable year
                beginning in a calendar year after 2016, the $100
                amount contained in paragraph (3) shall be increased by
                an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year in which the taxable year begins,
                        determined by substituting `calendar year 2015'
                        for `calendar year 1992' in subparagraph (B)
                        thereof.
                    ``(B) Rounding.--Any increase determined under
                subparagraph (A) shall be rounded to the nearest
                multiple of $25.''.
    (c) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2016.

SEC. 3. TAX CREDIT FOR SMALL EMPLOYER COSTS OF ESTABLISHING DIRECT
              PAYROLL DEDUCTION INTO QUALIFIED TUITION PROGRAMS AND
              QUALIFIED ABLE PROGRAMS.

    (a) In General.--Section 45E of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(f) Application to Programs for Payroll Deduction Contributions
to Qualified Tuition Programs and Qualified ABLE Programs.--In the case
of a qualified payroll deduction contribution program (as defined in
section 132(o)(2)) established by an employer--
            ``(1) such program shall be treated as an eligible employer
        plan for purposes of this section,
            ``(2) this section (including the limitation of subsection
        (b)) shall be applied separately with respect to such programs
        and any other eligible employer plans of the employer, and
            ``(3) subsection (d)(1)(A)(ii) shall be applied by
        substituting `education' for `retirement-related education'.''.
    (b) Clerical Amendments.--
            (1) The heading for section 45E of such Code is amended by
        striking ``pension''.
            (2) The table of sections for subpart D of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the item relating to section 45E and inserting the following
        new item:

``Sec. 45E. Small employer plan startup costs.''.
    (c) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred in taxable years beginning after the
date of the enactment of this Act.

SEC. 4. EXEMPTIONS FROM ADDITIONAL TAX FOR CERTAIN DISTRIBUTIONS FROM
              QUALIFIED TUITION PROGRAMS.

    (a) In General.--Section 529(c)(6) of the Internal Revenue Code of
1986 is amended by striking the last sentence and inserting the
following: ``This paragraph shall not apply to the extent that--
                    ``(A) a payment or distribution is contributed to
                an individual retirement plan of the account owner or
                the designated beneficiary with respect to the calendar
                year in which the payment or distribution is received,
                    ``(B) a payment or distribution is used (within 90
                days of the payment or distribution) to make a payment
                of interest or principal on a qualified education loan
                (as defined in section 222(d)(1)) on behalf of the
                designated beneficiary or a member of the family of
                such designated beneficiary within the meaning of
                section 529(e)(2)), or
                    ``(C) the recipient of a payment or distribution
                makes (within 90 days of the receipt of the payment or
                distribution) a contribution to an organization
                described in section 170(b)(1)(A) (other than any
                organization described in section 509(a)(3) or any fund
                or account described in section 4966(d)(2)), but only
                if--
                            ``(i) a deduction for the entire payment or
                        distribution is allowable under section 170,
                        and
                            ``(ii) the total payments and distributions
                        taken into account under this subparagraph with
                        respect to such recipient for any taxable year
                        does not exceed $1,000.''.
    (b) Effective Date.--The amendments made by this section shall
apply to distributions after the date of the enactment of this Act.

SEC. 5. CLARIFICATION REGARDING INVESTMENT DIRECTION IN QUALIFIED
              TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS.

    (a) Investment Direction in Qualified Tuition Programs.--Paragraph
(4) of section 529(b) of the Internal Revenue Code of 1986 is amended
by adding at the end the following: ``For purposes of this paragraph,
rebalancing investments among broad-based investment strategies
established under the program shall not be treated as investment
direction by a contributor or designated beneficiary unless the
specific investments within those broad-based strategies are directed
by the contributor or designated beneficiary.''.
    (b) Investment Direction in Qualified ABLE Programs.--Paragraph (4)
of section 529A(b) of such Code is amended by adding at the end the
following: ``For purposes of this paragraph, rebalancing investments
among broad-based investment strategies established under the program
shall not be treated as investment direction by a designated
beneficiary unless the specific investments within those broad-based
strategies are directed by the designated beneficiary.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to calendar years beginning after the date of the
enactment of this Act.

SEC. 6. ROLLOVERS BETWEEN QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE
              PROGRAMS.

    (a) Rollovers From Qualified Tuition Programs to Qualified ABLE
Programs.--Clause (i) of section 529(c)(3)(C) of the Internal Revenue
Code of 1986 is amended by striking ``or'' at the end of subclause (I),
by striking the period at the end of subclause (II) and inserting ``,
or'', and by adding at the end the following new subclause:
                                    ``(III) to an ABLE account (as
                                defined in section 529A(e)(6)) of the
                                designated beneficiary or a member of
                                the family of the designated
                                beneficiary.
                        Subclause (III) shall not apply to so much of a
                        distribution which, when added to all other
                        contributions made to the ABLE account for the
                        taxable year, exceeds the limitation under
                        section 529A(b)(2)(B).''.
    (b) Rollovers From Qualified ABLE Programs to Qualified Tuition
Programs.--Clause (i) of section 529A(c)(1)(C) of such Code is
amended--
            (1) by striking ``such payment or distribution, into
        another'' and inserting ``such payment or distribution--
                                    ``(I) into another'';
            (2) by striking the period at the end and inserting ``,
        or'', and
            (3) by adding at the end the following new subclause:
                                    ``(II) to a qualified tuition
                                program (as described in section 529)
                                for the benefit of the same designated
                                beneficiary or a member of the family
                                of such designated beneficiary.''.
    (c) Effective Date.--The amendments made by this section shall
apply to distributions after the date of the enactment of this Act.

Output: 529 and ABLE Account Improvement Act of 2016  This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans) and ABLE accounts. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.)  The bill excludes from gross income a fringe benefit consisting of up to $100 per year (adjusted for inflation after 2016) of employer contributions to an employee's 529 or ABLE account. The employer contribution must be made: (1) to an account for which the designated beneficiary is the employee or a member of the employee's family, and (2) in connection with a payroll deduction contribution program established by the employer.  The bill also: (1) expands the tax credit for small employer pension plan startup costs to include the costs of establishing a payroll deduction contribution program for 529 plans and ABLE accounts;(2) permits 529 funds to be used for transfers to an Individual Retirement Account (IRA), education loan payments, or charitable contributions without being subject to the additional tax for distributions that are not used for qualified higher education expenses; and (3) permits tax-free rollovers of funds between 529 and ABLE accounts for the benefit of the same beneficiary or a family member of the beneficiary. For the purpose of current law restrictions on the frequency of investment directions that a beneficiary or contributor may provide for a 529 or ABLE account, rebalancing investments among broad-based investment strategies established under the program is not an investment direction unless the beneficiary or contributor directs the specific investments within the strategies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Quality Improvement Act''.

SEC. 2. MEDICARE HEALTH CARE QUALITY DEMONSTRATION PROGRAMS.

    Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by inserting after section 1866B the following:

              ``health care quality demonstration program

    ``Sec. 1866C. (a) Definitions.--In this section:
            ``(1) Beneficiary.--The term `beneficiary' means a
        beneficiary who is enrolled in the traditional fee-for-service
        program under parts A and B or a beneficiary in a staff model
        or dedicated group model health maintenance organization under
        the Medicare+Choice program under part C.
            ``(2) Health care group.--
                    ``(A) In general.--The term `health care group'
                means--
                            ``(i) a group of physicians that is
                        organized at least in part for the purpose of
                        providing physician's services under this
                        title;
                            ``(ii) an integrated health care delivery
                        system that delivers care through coordinated
                        hospitals, clinics, home health agencies,
                        ambulatory surgery centers, skilled nursing
                        facilities, and employed or contracted
                        physicians; or
                            ``(iii) an organization representing
                        regional coalitions of groups or systems
                        described in clause (i) or (ii).
                    ``(B) Inclusion.--As the Secretary determines
                appropriate, a health care group may include a hospital
                or any other individual or entity furnishing items or
                services for which payment may be made under this title
                that is affiliated with the health care group under an
                arrangement structured so that such individual or
                entity participates in a demonstration project under
                this section.
            ``(3) Physician.--Except as otherwise provided for by the
        Secretary, the term `physician' means any individual who
        furnishes services that may be paid for as physicians' services
        under this title.
    ``(b) Demonstration Projects.--The Secretary shall establish a 5-
year demonstration program under which the Secretary shall approve
demonstration projects that examine health delivery factors that
encourage the delivery of improved quality in patient care, including--
            ``(1) the provision of incentives to improve the safety of
        care provided to beneficiaries;
            ``(2) the appropriate use of best practice guidelines by
        providers and services by beneficiaries;
            ``(3) reduced scientific uncertainty in the delivery of
        care through the examination of variations in the utilization
        and allocation of services, and outcomes measurement and
        research;
            ``(4) encourage shared decision-making between providers
        and patients;
            ``(5) the provision of incentives for improving the quality
        and safety of care and achieving the efficient allocation of
        resources;
            ``(6) the appropriate use of culturally and ethnically
        sensitive health care delivery; and
            ``(7) the financial effects on the health care marketplace
        of altering the incentives for care delivery and changing the
        allocation of resources.
    ``(c) Administration by Contract.--
            ``(1) In general.--Except as otherwise provided in this
        section, the Secretary may administer the demonstration program
        established under this section in the same manner as a
        demonstration program established under section 1866A is
        administered in accordance with section 1866B.
            ``(2) Alternative payment systems.--A health care group
        that receives assistance under this section may, with respect
        to the demonstration project to be carried out with such
        assistance, include proposals for the use of alternative
        payment systems for items and services provided to
        beneficiaries by the group that are designed to--
                    ``(A) encourage the delivery of high quality care
                while accomplishing the objectives described in
                subsection (b); and
                    ``(B) streamline documentation and reporting
                requirements otherwise required under this title.
            ``(3) Benefits.--A health care group that receives
        assistance under this section may, with respect to the
        demonstration project to be carried out with such assistance,
        include modifications to the package of benefits available
        under the traditional fee-for-service program under parts A and
        B or the package of benefits available through a staff model or
        a dedicated group model health maintenance organization under
        part C. The criteria employed under the demonstration program
        under this section to evaluate outcomes and determine best
        practice guidelines and incentives shall not be used as a basis
        for the denial of medicare benefits under the demonstration
        program to patients against their wishes (or if the patient is
        incompetent, against the wishes of the patient's surrogate) on
        the basis of the  patient's age or expected length of life or
of the patient's present or predicted disability, degree of medical
dependency, or quality of life.
    ``(d) Eligibility Criteria.--To be eligible to receive assistance
under this section, an entity shall--
            ``(1) be a health care group;
            ``(2) meet quality standards established by the Secretary,
        including--
                    ``(A) the implementation of continuous quality
                improvement mechanisms that are aimed at integrating
                community-based support services, primary care, and
                referral care;
                    ``(B) the implementation of activities to increase
                the delivery of effective care to beneficiaries;
                    ``(C) encouraging patient participation in
                preference-based decisions;
                    ``(D) the implementation of activities to encourage
                the coordination and integration of medical service
                delivery; and
                    ``(E) the implementation of activities to measure
                and document the financial impact of altering the
                incentives of health care delivery and changing the
                allocation of resources, on the health care
                marketplace; and
            ``(3) meet such other requirements as the Secretary may
        establish.
    ``(e) Waiver Authority.--The Secretary may waive such requirements
of titles XI and XVIII as may be necessary to carry out the purposes of
the demonstration program established under this section.
    ``(f) Budget Neutrality.--With respect to the 5-year period of the
demonstration program under subsection (b), the aggregate expenditures
under this title for such period shall not exceed the aggregate
expenditures that would have been expended under this title if the
program established under this section had not been implemented.
    ``(g) Notice Requirements.--In the case of an individual that
receives health care items or services under a demonstration program
carried out under this section, the Secretary shall ensure that such
individual is notified of any waivers of coverage or payment rules that
are applicable to such individual under this title as a result of the
participation of the individual in such program.
    ``(h) Participation and Support by Federal Agencies.--In carrying
out the demonstration program under this section, the Secretary may
direct--
            ``(1) the Director of the National Institutes of Health to
        expand the efforts of the Institutes to evaluate current
        medical technologies and improve the foundation for evidence-
        based practice;
            ``(2) the Administrator of the Agency for Healthcare
        Research and Quality to, where possible and appropriate, use
        the program under this section as a laboratory for the study of
        quality improvement strategies and to evaluate, monitor, and
        disseminate information relevant to such program; and
            ``(3) the Administrator of the Centers for Medicare &
        Medicaid Services to support linkages of relevant medicare data
        to registry information from participating health care groups
        for the beneficiary populations served by the participating
        groups, for analysis supporting the purposes of the
        demonstration program, consistent with the applicable
        provisions of the Health Insurance Portability and
        Accountability Act.
    ``(i) National Steering Committee for Medicare Quality and Safety
Demonstration Programs.--
            ``(1) Establishment.--The Secretary shall establish within
        the Department of Health and Human Services a national steering
        committee for medical excellence demonstration programs to
        carry out the duties described in paragraph (3).
            ``(2) Membership.--The membership of the steering committee
        established under paragraph (1) shall be appointed by the
        Secretary and shall include--
                    ``(A) at least 1 representative from--
                            ``(i) the Assistant Secretary for Planning
                        and Evaluation;
                            ``(ii) the Agency for Healthcare Research
                        and Quality;
                            ``(iii) the National Institutes of Health;
                        and
                            ``(iv) the Centers for Medicare & Medicaid
                        Services;
                    ``(B) a nationally recognized leader from the field
                of health care quality improvement;
                    ``(C) an employer that provides employer-based
                health care;
                    ``(D) a health care consumer;
                    ``(E) a representative from the disability
                community;
                    ``(F) at least 2 health care providers; and
                    ``(G) an expert in quality of health care
                monitoring or in the evaluation of patient safety
                standards.
            ``(3) Duties.--The steering committee shall make
        recommendations to the Secretary regarding the design,
        evaluation, and participation criteria of the program
        established under this section.''.

Output: Medicare Quality Improvement Act - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for a health care quality demonstration program under which the Secretary of Health and Human Services (HHS) shall approve demonstration projects that examine health delivery factors that encourage the delivery of improved quality in patient care. Directs the Secretary to establish within HHS a national steering committee for medical excellence demonstration programs to make recommendations to the Secretary regarding program design, evaluation, and participation criteria.


Input:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Terrorism
Insurance Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Congressional findings.
Sec. 3. Submission of premium information to Secretary of Commerce.
Sec. 4. Individual company retention.
Sec. 5. Federal cost-sharing for commercial insurers.
Sec. 6. Terrorism loss repayment surcharge.
Sec. 7. Administration of surcharges.
Sec. 8. State preemption.
Sec. 9. Consistent State guidelines for coverage for acts of terrorism.
Sec. 10. Consultation with State insurance regulators and NAIC.
Sec. 11. Limitation on punitive damages.
Sec. 12. Definitions.
Sec. 13. Regulations.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) the terrorist attacks on the World Trade Center and the
        Pentagon of September 11, 2001, resulted in a large number of
        deaths and injuries, the destruction and damage to buildings,
        and interruption of business operations;
            (2) the attacks have inflicted the largest losses for a
        man-made event ever incurred by insurers and reinsurers;
            (3) while the insurance and reinsurance industries have
        committed to pay the losses arising from the September 11
        attacks, the resulting disruption has created widespread market
        uncertainties with regard to the risk of losses arising from
        possible future terrorist attacks;
            (4) such uncertainty threatens the continued availability
        of United States commercial property casualty insurance for
        terrorism risk at meaningful coverage levels;
            (5) the unavailability of affordable commercial property
        and casualty insurance for terrorist acts threatens the growth
        and stability of the United States economy, by, among other
        things, impeding the ability of financial services providers to
        finance commercial property acquisitions and new construction;
            (6) in the past, the private insurance markets have shown a
        remarkable resiliency in adapting to changed circumstances,
        and, given time, the private markets will diversify and develop
        risk spreading mechanisms to increase capacity and guard
        against possible future losses incurred by terrorist attacks;
            (7) it is necessary in the short-term, however, to provide
        Federal assistance and to create a temporary industry risk
        sharing program to ensure the continued availability of
        commercial property and casualty insurance and reinsurance for
        terrorism-related risks;
            (8) such action is necessary to limit immediate market
        disruptions, encourage economic stabilization, and facilitate a
        transition to a viable market for private terrorism risk
        insurance; and
            (9) Federal involvement in the provision of commercial
        terrorism insurance should be short-term and should provide
        appropriate incentives for insurance companies and the
        commercial property insurance industry to continue providing
        terrorism insurance while minimizing terrorism risk and
        protecting American taxpayers.

SEC. 3. SUBMISSION OF PREMIUM INFORMATION TO THE SECRETARY.

    To the extent such information is not otherwise available to the
Secretary, the Secretary may require each insurer to submit, to the
Secretary or to the NAIC, a statement specifying the aggregate premium
amount of coverage written by such insurer for properties and persons
in the United States under each line of commercial property and
casualty insurance sold by such insurer during such periods as the
Secretary may provide.

SEC. 4. INDIVIDUAL COMPANY RETENTION.

    (a) In General.--For purposes of this Act, a ``triggering
determination'' is a determination by the Secretary that a commercial
insurer's annual insured losses for covered lines resulting from acts
of terrorism occurring in calendar year 2002 or 2003 exceed the greater
of--
            (1) $10,000,000; or
            (2) 5 percent of the commercial insurer's gross direct
        written premiums on covered lines for the preceding calendar
        year.
    (b) Determinations Regarding Events.--For purposes of subsection
(a), the Secretary shall have the sole authority to determine whether--
            (1) an act of terrorism occurred; and
            (2) it occurred during calendar year 2002 or 2003.

SEC. 5. FEDERAL COST-SHARING FOR COMMERCIAL INSURERS.

    (a) In General.--The Secretary shall provide financial assistance,
pursuant to a triggering determination, to commercial insurers in
accordance with this section to cover insured losses resulting from
acts of terrorism, which shall be repaid in accordance with subsection
(e).
    (b) Amount.--Subject to subsection (c), with respect to a
triggering determination, the amount of financial assistance made
available under this section to each commercial insurer shall be equal
to 80 percent of the amount of the covered losses of the insurer as a
result of the acts of terrorism.
    (c) Aggregate Limitation.--The aggregate amount of financial
assistance provided pursuant to this section may not exceed
$100,000,000,000.
    (d) Limitations.--The Secretary may establish limitations to ensure
that payments under this section in connection with a triggering
determination are made only to commercial insurers that are not in
default of any obligation under section 6 to collect surcharges.
    (e) Repayment.--Financial assistance made available under this
section shall be repaid through surcharges collected by commercial
insurers under section 6 and remitted to the Secretary. Any such
amounts collected or remitted shall be deposited into the general fund
of the Treasury. The aggregate amount of financial assistance repaid
pursuant to this subsection may not exceed--
            (1) $50,000,000,000, plus market rate interest for
        assistance provided for acts of terrorism occurring in calendar
        year 2002; and
            (2) $50,000,000,000 for acts of terrorism occurring in
        calendar year 2003.
    (f) Emergency Designation.--Congress designates the amount of new
budget authority and outlays in all fiscal years resulting from this
section as an emergency requirement pursuant to section 252(e) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(e)). Such amount shall be available only to the extent that a
request, that includes designation of such amount as an emergency
requirement as defined in such Act, is transmitted by the President to
Congress.

SEC. 6. TERRORISM LOSS REPAYMENT SURCHARGE.

    (a) Imposition and Collection.--If, pursuant to a triggering
determination, the Secretary Provides Federal assistance to commercial
insurers under this Act, the Secretary shall--
            (1) establish and impose a policyholder premium surcharge,
        as provided under this section, on commercial insurers' covered
        lines of insurance written after such determination, for the
        purpose of repaying financial assistance made available under
        section 5 in connection with such triggering determination; and
            (2) provide for commercial insurers to collect such
        surcharge and remit amounts collected to the Secretary.
    (b) Amount and Duration.--The surcharge under this section shall be
established in such amount, and shall apply to covered lines of
insurance written during such period, as the Secretary determines is
necessary to recover the aggregate amount of financial assistance
provided under section 5 subject to the limitation in section 5(e).
    (c) Limitation on Surcharge.--The surcharge applied to any
policyholder under this section--
            (1) may not exceed 6 percent of the policyholder's annual
        premium for covered lines of insurance; and
            (2) shall be imposed with respect to all covered lines of
        insurance written during the period referred to in subsection
        (b).

SEC. 7. ADMINISTRATION OF ASSESSMENTS AND SURCHARGES.

    (a) Manner and Method.--The Secretary shall provide for the manner
and method of imposing, collecting, and remitting surcharges under
section 6, including the timing and procedures of making such
surcharges, notifying commercial insurers of surcharge requirements,
collecting surcharges through commercial insurers, and refunding or
crediting of any excess amounts remitted.
    (b) Effect of Surcharges on Urban and Smaller Commercial and Rural
Areas and Different Lines of Insurance.--In determining the method and
manner of imposing surcharges under section 6, and the amount thereof,
the Secretary shall take into consideration--
            (1) the economic impact of any such surcharges on
        commercial centers of urban areas, including the effect on
        commercial rents and commercial insurance premiums,
        particularly rents and premiums charged  to small businesses,
and the availability of lease space and commercial insurance within
urban areas;
            (2) the risk factors related to rural areas and smaller
        commercial centers, including the potential exposure to loss
        and the likely magnitude of such loss, as well as any resulting
        cross-subsidization that might result; and
            (3) the various exposures to terrorism risk for different
        lines of commercial property and casualty insurance.
    (c) Timing of Coverages and Assessments.--The Secretary may adjust
the timing of coverages and assessments provided under this Act to
provide for equivalent application of the provisions of this Act to
commercial insurers and policies that are not based on a calendar year.
    (d) Application to Self-Insurance Arrangements.--The Secretary may,
in consultation with the NAIC, apply the provisions of this Act, as
appropriate, to self-insurance arrangements by municipalities and other
public entities, but only if such application is determined before the
occurrence of a triggering event and all of the provisions of this Act
are applied uniformly to such entities.

SEC. 8. STATE PREEMPTION.

    (a) Covered Perils.--A commercial insurer shall be considered to
have complied with any State law that requires or regulates the
provision of insurance coverage for acts of terrorism if the insurer
provides coverage in accordance with the definitions regarding acts of
terrorism under the regulations issued by the Secretary.
    (b) File and Use.--With respect only to covered lines of insurance
covering acts of terrorism, any provision of State law that requires,
as a condition precedent to the effectiveness of rates or policies for
such insurance that is made available by an insurer licensed to
transact such business in the State, any action (including prior
approval by the State insurance regulator for such State) other than
filing of such rates and policies and related information with such
State insurance regulator is preempted to the extent such law requires
such additional actions for such insurance coverage. This subsection
shall not be considered to preempt a provision of State law solely
because the law provides that rates and policies for such insurance
coverage are, upon such filing, subject to subsequent review and
action, which may include actions to disapprove or discontinue use of
such rates or policies, by the State insurance regulator.

SEC. 9. CONSISTENT STATE GUIDELINES FOR COVERAGE FOR ACTS OF TERRORISM.

    (a) Sense of Congress Regarding Covered Perils.--It is the sense of
the Congress that--
            (1) the NAIC, in consultation with the Secretary, should
        develop appropriate definitions for acts of terrorism and
        appropriate standards for making determinations regarding
        events or occurrences of acts of terrorism;
            (2) each State should adopt the definitions and standards
        developed by the NAIC for purposes of regulating insurance
        coverage made available in that State;
            (3) in consulting with the NAIC, the Secretary should
        advocate and promote the development of definitions and
        standards that are appropriate for purposes of this Act; and
            (4) after consultation with the NAIC, the Secretary should
        adopt definitions for acts of terrorism and standards for
        determinations that are appropriate for this Act.
    (b) Guidelines Regarding Disclosure of Pricing and Terms of
Coverage.--
            (1) Sense of congress.--It is the sense of the Congress
        that the States should require, by laws or regulations
        governing the provision of commercial property and casualty
        insurance that includes coverage for acts of terrorism, that
        the price of any such terrorism coverage, including the costs
        of any terrorism related assessments or surcharges under this
        Act, be separately disclosed.
            (2) Adoption of national guidelines.--If the Secretary
        determines that the States have not enacted laws or adopted
        regulations adequately providing for the disclosures described
        in paragraph (1) within a reasonable period of time after the
        date of the enactment of this Act, the Secretary shall, after
        consultation with the NAIC, adopt guidelines on a national
        basis requiring such disclosure in a manner that supersedes any
        State law regarding such disclosure.

SEC. 10. CONSULTATION WITH STATE INSURANCE REGULATORS AND NAIC.

    The Secretary shall consult with the State insurance regulators and
the NAIC in carrying out this Act. The Secretary may take such actions,
including entering into such agreements and providing such technical
and organizational assistance to insurers and State insurance
regulators, as may be necessary to provide for the distribution of
financial assistance under section 5 and the collection and remitting
of surcharges under section 6.

SEC. 11. LIMITATION ON PUNITIVE DAMAGES.

    (a) In General.--In any claim brought in any court for damages
arising from an act of terrorism, as determined by the Secretary, no
punitive damages may be awarded.
    (b) Exception.--The preceding sentence does not apply to a
defendant who committed the act of terrorism or knowingly conspired to
commit that act.

SEC. 12. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Act of terrorism.--
                    (A) In general.--The term ``act of terrorism''
                means any act that the Secretary determines meets the
                requirements under subparagraph (B), as such
                requirements are further defined and specified by the
                Secretary in consultation with the NAIC.
                    (B) Requirements.--An act meets the requirements of
                this subparagraph if the act--
                            (i) is unlawful;
                            (ii) causes harm to a person, property, or
                        entity, in the United States;
                            (iii) is committed by a group of persons or
                        associations who--
                                    (I) are not a government of a
                                foreign country or the de facto
                                government of a foreign country; and
                                    (II) are recognized by the
                                Department of State or the Secretary as
                                a terrorist group or have conspired
                                with such a group or the group's agents
                                or surrogates; and
                            (iv) has as its purpose to overthrow or
                        destabilize the government of any country or to
                        influence the policy or affect the conduct of
                        the government of the United States by
                        coercion.
            (2) Covered line.--The term ``covered line'' means any one
        or a combination of the following, written on a direct basis,
        as reported by property and casualty insurers in required
        financial reports on Statutory Page 14 of the NAIC Annual
        Statement Blank:
                    (A) Fire.
                    (B) Allied lines.
                    (C) Commercial multiple peril.
                    (D) Ocean marine.
                    (E) Inland marine.
                    (F) Workers compensation.
                    (G) Products liability.
                    (H) Commercial auto no-fault (personal injury
                protection), other commercial auto liability, or
                commercial auto physical damage.
                    (I) Aircraft (all peril).
                    (J) Fidelity and surety.
                    (K) Burglary and theft.
                    (L) Boiler and machinery.
            (3) Covered losses.--The term ``covered losses'' means
        direct incurred losses from an act of terrorism for covered
        lines in excess of the participating insurer's retention,
        defense, and cost containment expenses.
            (4) NAIC.--The term ``NAIC'' means the National Association
        of Insurance Commissioners.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (6) State.--The term ``State'' means the States of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Commonwealth of the Northern Mariana Islands,
        Guam, the Virgin Islands, American Samoa, and any other
        territory or possession of the United States.
            (7) State insurance regulator.--The term ``State insurance
        regulator'' means, with respect to a State, the principal
        insurance regulatory authority of the State.

SEC. 13. REGULATIONS.

    The Secretary shall issue any regulations necessary to carry out
this Act.

Output: Terrorism Insurance Act - Authorizes the Secretary of Commerce to require each commercial insurer to submit to the Secretary or the National Association of Insurance Commissioners (NAIC) a statement specifying the aggregate premium amount of coverage written for properties and persons in the United States under each line of commercial property and casualty insurance sold during specified periods.Directs the Secretary to provide financial assistance to commercial insurers to cover insured losses resulting from acts of terrorism, conditioned upon payment of a terrorism loss repayment surcharge collected by such insurers and remitted to the Secretary.Permits extension of this Act to self-insurance arrangements by municipalities and other public entities.Expresses the sense of Congress that: (1) NAIC, in consultation with the Secretary, should develop appropriate definitions for acts of terrorism and appropriate standards for making determinations regarding such acts; (2) each State should adopt those definitions and standards for purposes of regulating insurance coverage; and (3) after consultation with the NAIC, the Secretary should adopt definitions for acts of terrorism and standards for determinations appropriate for this Act.Expresses the sense of Congress that the States should require separate disclosure by insurance companies of the price of any terrorism coverage, including the costs of any terrorism related assessments or surcharges under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Gift Card Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Gift certificate, store gift card, other prepaid
        cards.--The terms ``gift certificate'', ``store gift card'',
        and ``general-use prepaid card'' have the following meanings:
                    (A) Gift certificate.--The term ``gift
                certificate'' means a written promise that is--
                            (i) usable at a single merchant or an
                        affiliated group of merchants that share the
                        same name, mark, or logo;
                            (ii) issued in a specified amount and
                        cannot be increased;
                            (iii) purchased on a prepaid basis in
                        exchange for payment; and
                            (iv) honored upon presentation by such
                        single merchant or affiliated group of
                        merchants for goods or services.
                    (B) Store gift card.--The term ``store gift card''
                means a plastic card or other electronic payment device
                that is--
                            (i) usable at a single merchant or an
                        affiliated group of merchants that share the
                        same name, mark, or logo;
                            (ii) issued in a specified amount and may
                        or may not be increased in value or reloaded;
                            (iii) purchased on a prepaid basis in
                        exchange for payment; and
                            (iv) honored upon presentation by such
                        single merchant or affiliated group of
                        merchants for goods or services.
                    (C) General-use prepaid card.--
                            (i) In general.--The term ``general-use
                        prepaid card'' means a card or other electronic
                        payment device issued by a bank or financial
                        institution, or by a licensed money transmitter
                        that is--
                                    (I) usable at multiple,
                                unaffiliated merchants or service
                                providers, or at automated teller
                                machines;
                                    (II) issued in a requested amount
                                whether or not that amount may be, at
                                the option of the issuer, increased in
                                value or reloaded if requested by the
                                holder;
                                    (III) purchased or loaded on a
                                prepaid basis; and
                                    (IV) honored, upon presentation, by
                                merchants for goods or services, or at
                                automated teller machines.
                            (ii) Exception.--The term ``general-use
                        prepaid card'' does not include a debit card
                        that is linked to a demand deposit or share
                        draft account.
                    (D) Exclusion.--The terms ``gift certificate'',
                ``store gift card'', and ``general-use prepaid card''
                do not include a written promise, plastic card, or
                other electronic device that is--
                            (i) used solely for telephone services; or
                            (ii) associated with a demand deposit,
                        checking, savings or similar account in the
                        name of the individual at a bank or financial
                        institution, and that provides payment solely
                        by debiting such account.
            (2) Debit card.--The term ``debit card'' has the meaning
        given that term under section 603(r)(3) of the Fair Credit
        Reporting Act (15 U.S.C. 1681a(r)(3)).
            (3) Financial institution.--The term ``financial
        institution'' has the meaning given that term under section
        603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)).
            (4) Dormancy fee; inactivity charge or fee.--The terms
        ``dormancy fee'' and ``inactivity charge or fee'' mean a fee,
        charge, or penalty for non use or inactivity of a gift
        certificate, store gift card, or prepaid general-use card.
            (5) Service fee.--The term ``service fee'' means a periodic
        fee, charge, or penalty for holding or use of a gift
certificate, store card, or prepaid general use card.
            (6) Licensed money transmitter.--The term ``licensed money
        transmitter'' means a person who sells or issues payment
        instruments or engages in the business of receiving money for
        transmission or transmitting money within the United States or
        to locations abroad by any and all means, including but not
        limited to payment instrument, wire, facsimile or electronic
        transfer.

SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
              CONNECTION WITH GIFT CARDS.

    (a) Imposition of Fees or Charges.--
            (1) In general.--Except as provided for in paragraphs (2),
        (3), and (4) it is unlawful for any person to impose with
        respect to a gift certificate, store gift card, or general-use
        prepaid card a dormancy fee, inactivity charge or fee or a
        service fee.
            (2) Exception.--A dormancy fee, inactivity charge or fee,
        or service fee described in paragraph (1) may be charged with
        respect to a gift certificate, store gift card, or general-use
        prepaid card if--
                    (A) at the time the charge or fee is assessed the
                certificate or card has a remaining value of $5 or
                less;
                    (B) the charge or fee does not exceed $1;
                    (C) there has been no activity with respect to the
                certificate or the card for at least 24 consecutive
                months;
                    (D) the holder of the certificate or the card may
                reload or add value to the certificate or the card; and
                    (E) the requirements of paragraph (3) are met.
            (3) Requirements.--The requirements of this paragraph are
        that--
                    (A) the certificate or card clearly and
                conspicuously states in 10-point font--
                            (i) that a charge or fee described in
                        paragraph (1) may be charged; and
                            (ii) the amount of the charge or fee, how
                        often the charge or fee may be assessed, and
                        that the charge or fee may be assessed for
                        inactivity; and
                    (B) the issuer of the certificate or card informs
                the purchaser of the charge or the fee before the
                certificate or card is purchased, regardless of whether
                the certificate or card is purchased in person, over
                the Internet, or by telephone.
            (4) Exclusion.--The prohibitions and requirements contained
        in this subsection shall not apply to gift certificates that--
                    (A) are distributed pursuant to an award, loyalty,
                or promotional program and with respect to which there
                is no money or other value exchanged; or
                    (B) expire not later than 30 days after the date
                they are sold and are sold below the face value of the
                certificate to an employer, or to a nonprofit or
                charitable organization for fundraising purposes.
    (b) Limitations on Expiration Date.--
            (1) In general.--Except as provided in paragraph (2), it is
        unlawful for any person to sell or issue a gift certificate,
        store gift card, or general-use prepaid card that is subject to
        an expiration date.
            (2) Exceptions.--A gift certificate, store gift card, or
        general-use prepaid card may contain an expiration date if the
        expiration date is not less than 5 years from the date the card
        is purchased. Expiration terms must be prominently disclosed in
        at least 10-point font and in all capital letters.

SEC. 4. RELATION TO STATE LAWS.

    The Act and any regulations or standards established pursuant to
this Act shall not supersede any State law or regulation with respect
to charges, fees, and expiration dates of gift certificates, store gift
card, or general-use prepaid cards.

SEC. 5. ENFORCEMENT.

    (a) Unfair or Deceptive Act or Practice.--A violation of this Act
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Actions by the Commission.--The Federal Trade Commission shall
enforce this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act.
    (c) Individual Cause of Action.--Nothing in this Act shall be
construed to limit an individual's rights to enforce a State law
relating to unfair or deceptive acts or practices.

Output:
Fair Gift Card Act - States it is unlawful for any person to impose a dormancy fee, inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card.

Exempts from this prohibition any such charge or fee if: (1) the certificate or card has a remaining value of $5 or less at the time the charge or fee is assessed; (2) the charge or fee does not exceed $1; (3) there has been no activity with respect to the certificate or card for at least the last 24 months; (4) the holder of the certificate or the card may reload or add value to the certificate or the card; and (5) specified charge or fee disclosure requirements have been met.

Declares it is unlawful to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date unless the date is not less than five years from the date the card is purchased and the expiration terms are prominently disclosed in specified font size and in all capital letters.

States that a violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act.