OF CLAIMS.

    (a) In General.--Except as otherwise provided for in this section,
the time for the commencement of a health care lawsuit shall be 3 years
after the date of manifestation of injury or 1 year after the claimant
discovers, or through the use of reasonable diligence should have
discovered, the injury, whichever occurs first.
    (b) General Exception.--The time for the commencement of a health
care lawsuit shall not exceed 3 years after the date of manifestation
of injury unless the tolling of time was delayed as a result of--
            (1) fraud;
            (2) intentional concealment; or
            (3) the presence of a foreign body, which has no
        therapeutic or diagnostic purpose or effect, in the person of
        the injured person.
    (c) Minors.--An action by a minor shall be commenced within 3 years
from the date of the alleged manifestation of injury except that if
such minor is under the full age of 6 years, such action shall be
commenced within 3 years of the manifestation of injury, or prior to
the eighth birthday of the minor, whichever provides a longer period.
Such time limitation shall be tolled for minors for any period during
which a parent or guardian and a health care provider or health care
organization have committed fraud or collusion in the failure to bring
an action on behalf of the injured minor.

SEC. 5. COMPENSATING PATIENT INJURY.

    (a) Unlimited Amount of Damages for Actual Economic Losses in
HEALTH Care Lawsuits.--In any health care lawsuit, nothing in this Act
shall limit the recovery by a claimant of the full amount of the
available economic damages, notwithstanding the limitation contained in
subsection (b).
    (b) Additional Noneconomic Damages.--In any health care lawsuit,
the amount of noneconomic damages recovered, if otherwise available
under applicable Federal or State law, may be as much as $250,000,
regardless of the number of parties against whom the action is brought
or the number of separate claims or actions brought with respect to the
same occurrence.
    (c) No Discount of Award for Noneconomic Damages.--In any health
care lawsuit--
            (1) an award for future noneconomic damages shall not be
        discounted to present value;
            (2) the jury shall not be informed about the maximum award
        for noneconomic damages under subsection (b);
            (3) an award for noneconomic damages in excess of $250,000
        shall be reduced either before the entry of judgment, or by
        amendment of the judgment after entry of judgment, and such
        reduction shall be made before accounting for any other
        reduction in damages required by law; and
            (4) if separate awards are rendered for past and future
        noneconomic damages and the combined awards exceed $250,000,
        the future noneconomic damages shall be reduced first.
    (d) Fair Share Rule.--In any health care lawsuit, each party shall
be liable for that party's several share of any damages only and not
for the share of any other person. Each party shall be liable only for
the amount of damages allocated to such party in direct proportion to
such party's percentage of responsibility. A separate judgment shall be
rendered against each such party for the amount allocated to such
party. For purposes of this section, the trier of fact shall determine
the proportion of responsibility of each party for the claimant's harm.

SEC. 6. MAXIMIZING PATIENT RECOVERY.

    (a) Court Supervision of Share of Damages Actually Paid to
Claimants.--
            (1) In general.--In any health care lawsuit, the court
        shall supervise the arrangements for payment of damages to
        protect against conflicts of interest that may have the effect
        of reducing the amount of damages awarded that are actually
        paid to claimants.
            (2) Contingency fees.--
                    (A) In general.--In any health care lawsuit in
                which the attorney for a party claims a financial stake
                in the outcome by virtue of a contingent fee, the court
                shall have the power to restrict the payment of a
                claimant's damage recovery to such attorney, and to
                redirect such damages to the claimant based upon the
                interests of justice and principles of equity.
                    (B) Limitation.--The total of all contingent fees
                for representing all claimants in a health care lawsuit
                shall not exceed the following limits:
                            (i) 40 percent of the first $50,000
                        recovered by the claimant(s).
                            (ii) 33\1/3\ percent of the next $50,000
                        recovered by the claimant(s).
                            (iii) 25 percent of the next $500,000
                        recovered by the claimant(s).
                            (iv) 15 percent of any amount by which the
                        recovery by the claimant(s) is in excess of
                        $600,000.
    (b) Applicability.--
            (1) In general.--The limitations in subsection (a) shall
        apply whether the recovery is by judgment, settlement,
        mediation, arbitration, or any other form of alternative
        dispute resolution.
            (2) Minors.--In a health care lawsuit involving a minor or
        incompetent person, a court retains the authority to authorize
        or approve a fee that is less than the maximum permitted under
        this section.
    (c) Expert Witnesses.--
            (1) Requirement.--No individual shall be qualified to
        testify as an expert witness concerning issues of negligence in
        any health care lawsuit against a defendant unless such
        individual--
                    (A) except as required under paragraph (2), is a
                health care professional who--
                            (i) is appropriately credentialed or
                        licensed in 1 or more States to deliver health
                        care services; and
                            (ii) typically treats the diagnosis or
                        condition or provides the type of treatment
                        under review; and
                    (B) can demonstrate by competent evidence that, as
                a result of training, education, knowledge, and
                experience in the evaluation, diagnosis, and treatment
                of the disease or injury which is the subject matter of
                the lawsuit against the defendant, the individual was
                substantially familiar with applicable standards of
                care and practice as they relate to the act or omission
                which is the subject of the lawsuit on the date of the
                incident.
            (2) Physician review.--In a health care lawsuit, if the
        claim of the plaintiff involved treatment that is recommended
        or provided by a physician (allopathic or osteopathic), an
        individual shall not be qualified to be an expert witness under
        this subsection with respect to issues of negligence concerning
        such treatment unless such individual is a physician.
            (3) Specialties and subspecialties.--With respect to a
        lawsuit described in paragraph (1), a court shall not permit an
        expert in one medical specialty or subspecialty to testify
        against a defendant in another medical specialty or
        subspecialty unless, in addition to a showing of substantial
        familiarity in accordance with paragraph (1)(B), there is a
        showing that the standards of care and practice in the two
        specialty or subspecialty fields are similar.
            (4) Limitation.--The limitations in this subsection shall
        not apply to expert witnesses testifying as to the degree or
        permanency of medical or physical impairment.

SEC. 7. ADDITIONAL HEALTH BENEFITS.

    (a) In General.--The amount of any damages received by a claimant
in any health care lawsuit shall be reduced by the court by the amount
of any collateral source benefits to which the claimant is entitled,
less any insurance premiums or other payments made by the claimant (or
by the spouse, parent, child, or legal guardian of the claimant) to
obtain or secure such benefits.
    (b) Preservation of Current Law.--Where a payor of collateral
source benefits has a right of recovery by reimbursement or subrogation
and such right is permitted under Federal or State law, subsection (a)
shall not apply.
    (c) Application of Provision.--This section shall apply to any
health care lawsuit that is settled or resolved by a fact finder.

SEC. 8. PUNITIVE DAMAGES.

    (a) Punitive Damages Permitted.--
            (1) In general.--Punitive damages may, if otherwise
        available under applicable State or Federal law, be awarded
        against any person in a health care lawsuit only if it is
        proven by clear and convincing evidence that such person acted
        with malicious intent to injure the claimant, or that such
        person deliberately failed to avoid unnecessary injury that
        such person knew the claimant was substantially certain to
        suffer.
            (2) Filing of lawsuit.--No demand for punitive damages
        shall be included in a health care lawsuit as initially filed.
        A court may allow a claimant to file an amended pleading for
        punitive damages only upon a motion by the claimant and after a
        finding by the court, upon review of supporting and opposing
        affidavits or after a hearing, after weighing the evidence,
        that the claimant has established by a substantial probability
        that the claimant will prevail on the claim for punitive
        damages.
            (3) Separate proceeding.--At the request of any party in a
        health care lawsuit, the trier of fact shall consider in a
        separate proceeding--
                    (A) whether punitive damages are to be awarded and
                the amount of such award; and
                    (B) the amount of punitive damages following a
                determination of punitive liability.
        If a separate proceeding is requested, evidence relevant only
        to the claim for punitive damages, as determined by applicable
        State law, shall be inadmissible in any proceeding to determine
        whether compensatory damages are to be awarded.
            (4) Limitation where no compensatory damages are awarded.--
        In any health care lawsuit where no judgment for compensatory
        damages is rendered against a person, no punitive damages may
        be awarded with respect to the claim in such lawsuit against
        such person.
    (b) Determining Amount of Punitive Damages.--
            (1) Factors considered.--In determining the amount of
        punitive damages under this section, the trier of fact shall
        consider only the following:
                    (A) the severity of the harm caused by the conduct
                of such party;
                    (B) the duration of the conduct or any concealment
                of it by such party;
                    (C) the profitability of the conduct to such party;
                    (D) the number of products sold or medical
                procedures rendered for compensation, as the case may
                be, by such party, of the kind causing the harm
                complained of by the claimant;
                    (E) any criminal penalties imposed on such party,
                as a result of the conduct complained of by the
                claimant; and
                    (F) the amount of any civil fines assessed against
                such party as a result of the conduct complained of by
                the claimant.
            (2) Maximum award.--The amount of punitive damages awarded
        in a health care lawsuit may not exceed an amount equal to two
        times the amount of economic damages awarded in the lawsuit or
        $250,000, whichever is greater. The jury shall not be informed
        of the limitation under the preceding sentence.
    (c) Liability of Health Care Providers.--A health care provider who
prescribes, or who dispenses pursuant to a prescription, a drug or
device (including blood products) approved by the Food and Drug
Administration shall not be named as a party to a product liability
lawsuit invoking such drug or device and shall not be liable to a
claimant in a class action lawsuit against the manufacturer,
distributor, or product seller of such drug or device.

SEC. 9. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN
              HEALTH CARE LAWSUITS.

    (a) In General.--In any health care lawsuit, if an award of future
damages, without reduction to present value, equaling or exceeding
$50,000 is made against a party with sufficient insurance or other
assets to fund a periodic payment of such a judgment, the court shall,
at the request of any party, enter a judgment ordering that the future
damages be paid by periodic payments in accordance with the Uniform
Periodic Payment of Judgments Act promulgated by the National
Conference of Commissioners on Uniform State Laws.
    (b) Applicability.--This section applies to all actions which have
not been first set for trial or retrial before the effective date of
this Act.

SEC. 10. EFFECT ON OTHER LAWS.

    (a) Vaccine Injury.--
            (1) In general.--To the extent that title XXI of the Public
        Health Service Act establishes a Federal rule of law applicable
        to a civil action brought for a vaccine-related injury or
        death--
                    (A) this Act shall not affect the application of
                the rule of law to such an action; and
                    (B) any rule of law prescribed by this Act in
                conflict with a rule of law of such title XXI shall not
                apply to such action.
            (2) Exception.--If there is an aspect of a civil action
        brought for a vaccine-related injury or death to which a
        Federal rule of law under title XXI of the Public Health
        Service Act does not apply, then this Act or otherwise
        applicable law (as determined under this Act) will apply to
        such aspect of such action.
    (b) Other Federal Law.--Except as provided in this section, nothing
in this Act shall be deemed to affect any defense available to a
defendant in a health care lawsuit or action under any other provision
of Federal law.

SEC. 11. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.

    (a) HEALTH Care Lawsuits.--The provisions governing health care
lawsuits set forth in this Act shall preempt, subject to subsections
(b) and (c), State law to the extent that State law prevents the
application of any provisions of law established by or under this Act.
The provisions governing health care lawsuits set forth in this Act
supersede chapter 171 of title 28, United States Code, to the extent
that such chapter--
            (1) provides for a greater amount of damages or contingent
        fees, a longer period in which a health care lawsuit may be
        commenced, or a reduced applicability or scope of periodic
        payment of future damages, than provided in this Act; or
            (2) prohibits the introduction of evidence regarding
        collateral source benefits.
    (b) Preemption of Certain State Laws.--The provisions of this Act
shall preempt any constitutional provision, statute, or rule of State
law, whether enacted prior to, on, or after the date of enactment of
this Act, that--
            (1) prohibits the application of any limitation on the
        amount of compensatory, punitive, or total damages in a health
        care lawsuit; or
            (2) provides for a greater amount of compensatory,
        punitive, or total damages in a health care lawsuit than those
        provided for under this Act.
    (c) Protection of State's Rights and Other Laws.--
            (1) In general.--Any issue that is not governed by a
        provision of law established by or under this Act (including
        the State standards of negligence) shall be governed by
        otherwise applicable Federal or State law.
            (2) Rule of construction.--Nothing in this Act shall be
        construed to--
                    (A) preempt or supersede any Federal or State law
                that imposes greater procedural or substantive
                protections (such as a shorter statute of limitations)
                for a health care provider, health care organization,
                or the manufacturer, distributor, supplier, marketer,
                promoter, or seller of a medical product from
                liability, loss, or damages than those provided by this
                Act;
                    (B) create a cause of action that is not otherwise
                available under Federal or State law; or
                    (C) affect the scope of preemption of any other
                Federal law.

SEC. 12. APPLICABILITY; EFFECTIVE DATE.

    This Act shall apply to any health care lawsuit brought in a
Federal or State court, or subject to an alternative dispute resolution
system, that is initiated on or after the date of the enactment of this
Act, except that any health care lawsuit arising from an injury
occurring prior to the date of enactment of this Act shall be governed
by the applicable statute of limitations provisions in effect at the
time the injury occurred.

Summary: Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005 or the HEALTH Act of 2005 - Sets forth provisions regulating lawsuits for health care liability claims concerning the provisions of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under Federal or State law. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury such person knew the claimant was substantially certain to suffer. And (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing an Food and Drug Administration (FDA)-approved prescription drug or device. Provides for periodic payments of future damage awards.

A bill to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Tax Revenue
Nondiscrimination Act of 1997''.

SEC. 2. REPEAL PROVISIONS GRANTING PROPERTY TAX RELIEF TO CERTAIN
              ENTITIES IN THE DISTRICT OF COLUMBIA.

    (a) In General.--
            (1) American chemical society; american forestry
        association; brookings institution; carnegie institution of
        washington, dc; medical society of the district of columbia;
        national academy of sciences; american pharmaceutical
        association; national geographic society; national lutheran
        home; american association to promote the teaching of speech to
        the deaf.--Section 1(k) of the Act entitled ``An Act to define
        real property exempt from taxation in the District of
        Columbia'', approved December 24, 1942 (D.C. Code 47-1002(11))
        is hereby repealed.
            (2) Disabled american veterans.--The Act entitled ``An Act
        to exempt from taxation certain property of the Disabled
        American Veterans in the District of Columbia'', approved May
        15, 1946 (D.C. Code 47-1003) is hereby repealed.
            (3) National society of the colonial dames of america.--The
        Act entitled ``An Act to exempt from taxation certain property
        of the National Society of the Colonial Dames of America in the
        District of Columbia'', approved September 7, 1949 (D.C. Code
        47-1004) is hereby repealed.
            (4) Jewish war veterans, u.s.a., national memorial
        incorporated.-- Public Law 98-486 (D.C. Code 47-1005) is hereby
        repealed.
            (5) Louise home.--The Act entitled, ``An Act to incorporate
        the trustees of the Louise Home, and for other purposes'',
        approved March 3, 1875 (D.C. Code 47-1012) is hereby repealed.
            (6) Oak hill.--Section 10 of the Act entitled ``An Act to
        incorporate the Oak Hill Cemetery, in the District of
        Columbia'', approved March 3, 1849 (D.C. Code 47-1015) is
        hereby repealed.
            (7) Corcoran gallery of art.--
                    (A) Real property and works of art.--Section 4 of
                the Act entitled ``An Act to incorporate the Trustees
                of the Corcoran Gallery of Art, and for other
                purposes'', approved May 24, 1870 (D.C. Code 47-1016)
                is hereby repealed.
                    (B) Endowment fund.--The Act entitled ``An Act to
                exempt from taxation all property held by the trustees
                of the Corcoran Gallery of Art, and for other
                purposes'', approved January 26, 1887 (D.C. Code 47-
                1017) is hereby repealed.
            (8) Luther statue association.--Section 4 of the Act
        entitled ``An Act to incorporate the Luther Statue Association,
        to erect and maintain a monument or statue in memory of Martin
        Luther in the District of Columbia'', approved March 3, 1885
        (D.C. Code 47-1019) is hereby repealed.
            (9) Young woman's christian association.--
                    (A) Young women's christian home.--Section 2 of the
                Act entitled ``An Act to incorporate the trustees of
                the Young Woman's Christian Home in Washington,
                District of Columbia'', approved February 23, 1887
                (D.C. Code 47-1021) is amended by striking ``:
                Provided,'' and all that follows and inserting a
                period.
                    (B) Property.--Section 1 of the Act entitled ``An
                Act to exempt the property of the Young Women's
                Christian Association in the District of Columbia from
                national and municipal taxation'', approved June 16,
                1938 (D.C. Code 47-1022) is amended by striking ``and
                municipal''.
            (10) Young men's christian association.--The Act entitled
        ``An Act to exempt the property of the Young Men's Christian
        Association of the District of Columbia'', approved June 16,
        1894 (D.C. Code 47-1024) is hereby repealed.
            (11) Edes home.--Section 2 of the Act entitled ``An Act to
        incorporate the Edes Home'', approved January 1, 1906 (D.C.
        Code 47-1026) is amended by striking the second sentence.
            (12) General education board.--Section 6 of the Act
        entitled ``An Act to incorporate the General Education Board'',
        approved January 12, 1903 (D.C. Code 47-1027) is hereby
        repealed.
            (13) Daughters of the american revolution.--The following
        provisions of law are hereby repealed:
                    (A) The Act entitled ``An Act to exempt from
                taxation certain property of the Daughters of the
                American Revolution in Washington, District of
                Columbia'', approved May 21, 1924 (D.C. Code 47-1028).
                    (B) The Act entitled ``An Act to exempt from
                taxation certain property of the Daughters of the
                American Revolution in Washington, District of
                Columbia'', approved February 27, 1903 (D.C. Code 47-
                1029).
                    (C) The Act entitled ``An Act to exempt from
                taxation certain property of the Daughters of the
                American Revolution in Washington, District of
                Columbia'', approved September 16, 1922 (D.C. Code 47-
                1030).
                    (D) The Act entitled ``An Act to exempt from
                taxation certain property of the Daughters of the
                American Revolution in Washington, District of
                Columbia'', approved August 15, 1916 (D.C. Code 47-
                1031).
                    (E) The Act entitled ``An Act to exempt from
                taxation certain property of the Daughters of the
                American Revolution in Washington, District of
                Columbia'', approved March 3, 1917 (D.C. Code 47-1032).
            (14) National society united states daughters of 1812.--The
        Act entitled ``An Act to exempt from taxation certain property
        of the National Society United States Daughters of 1812 in the
        District of Columbia'', approved June 4, 1934 (D.C. Code 47-
        1033) is hereby repealed.
            (15) National society of the sons of the american
        revolution.--The Act entitled ``An Act to exempt from taxation
        certain property of the National Society of the Sons of the
        American Revolution'', approved June 16, 1934 (D.C. Code 47-
        1034) is hereby repealed.
            (16) American legion.--The Act entitled ``An Act to exempt
        from taxation certain property of the American Legion in the
        District of Columbia'', approved June 13, 1934 (D.C. Code 47-
        1035) is hereby repealed.
            (17) National education association.--Section 4 of the Act
        entitled ``An Act to incorporate the National Education
        Association of the United States'', approved June 30, 1906
        (D.C. Code 47-1036) is hereby repealed.
            (18) Society of the cincinnati.--The Act entitled ``An Act
        to exempt from taxation certain property of the Society of the
        Cincinnati, a corporation of the District of Columbia'',
        approved February 24, 1938 (D.C. Code 47-1037) is hereby
        repealed.
            (19) American veterans of wwii.--The Act entitled ``An Act
        to exempt from taxation certain property of the AMVETS,
        American Veterans of WWII, in the District of Columbia'',
        approved June 28, 1952 (D.C. Code 47-1038) is hereby repealed.
            (20) Veterans of foreign wars.--The Act entitled ``An Act
        to exempt from taxation certain property of the Veterans of
        Foreign Wars in the District of Columbia'', approved July 19,
        1954 (D.C. Code 47-1039) is hereby repealed.
            (21) National woman's party.--Public Law 86-706 (D.C. Code
        47-1040) is hereby repealed.
            (22) American association of university women, educational
        foundation, incorporated.--Public Law 86-709 (D.C. Code 47-
        1041) is hereby repealed. .
            (23) National guard association of the united states.--
        Public Law 86-727 (D.C. Code 47-1042) is hereby repealed.
            (24) Woodrow wilson house.--Public Law 88-470 (D.C. Code
        47-1043) is hereby repealed.
            (25) American institute of architects foundation.--Section
        203 of the District of Columbia Revenue Act of 1970 (D.C. Code
        47-1044) is hereby repealed.
    (b) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after December 1997.

SEC. 3. PERMITTING DISTRICT OF COLUMBIA TO TAX CERTAIN GOVERNMENT-
              SPONSORED ENTERPRISES.

    (a) Federal National Mortgage Association.--Section 309(c)(2) of
the Federal National Mortgage Association Charter Act (12 U.S.C.
1723a(c)(2)) is amended by striking ``States, or by the District of
Columbia'' and inserting ``States (other than the District of
Columbia)''.
    (b) Federal Home Loan Mortgage Corporation.--Section 303(e) of the
Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(e)) is
amended by striking ``authority,'' and inserting ``authority (other
than the District of Columbia)''.
    (c) Student Loan Marketing Association.--Section 439(b)(2) of the
Higher Education Act of 1965 (20 U.S.C. 1087-2(b)(2)) is amended by
striking ``States, or by the District of Columbia'' and inserting
``States (other than the District of Columbia)''.
    (d) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after December 1997.

Summary: District of Columbia Tax Revenue Nondiscrimination Act of 1997 - Repeals various District of Columbia Code property tax exemptions for specified organizations located in the District of Columbia. Amends specified Federal laws to permit the District of Columbia Government to tax: (1) the Federal National Mortgage Association, (2) the Federal Home Loan Mortgage Corporation, and (3) the Student Loan Marketing Association .


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Online Communication
Enforcement Act of 2000''.

SEC. 2. ENHANCED PRIVACY PROTECTION FOR INFORMATION ON COMPUTER
              NETWORKS.

    (a) In General.--Section 2703(b) of title 18, United States Code,
is amended by striking paragraph (1) and inserting the following new
paragraph (1):
            ``(1) In general.--A governmental entity may require a
        provider of remote computing service to disclose the contents
        of any electronic communication to which this paragraph is made
        applicable by paragraph (2)--
                    ``(A) pursuant to a warrant issued under the
                Federal Rules of Criminal Procedure or equivalent State
                warrant, a copy of which warrant shall be served on the
                subscriber or customer of such remote computing service
                before or at the same time the warrant is served on the
                provider of the remote computing service; or
                    ``(B) pursuant to a Federal or State grand jury or
                trial subpoena, a copy of which subpoena shall be
                served on the subscriber or customer of such remote
                computing service under circumstances allowing the
                subscriber or customer a meaningful opportunity to
                challenge the subpoena.''.
    (b) Conforming Amendments.--Paragraph (2) of that section is
amended--
            (1) by indenting the paragraph 2 ems;
            (2) by inserting ``Applicability.--'' after ``(2)''; and
            (3) by indenting subparagraphs (A) and (B) 4 ems.

SEC. 3. ENHANCEMENT OF SECURE ON-LINE COMMUNICATIONS.

    (a) Applicability of Limitations on Disclosure of Communication
Records.--Paragraph (1) of section 2703(c) of title 18, United States
Code, is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``, or an operator of an Internet
                Web site (including an agent of such operator) or other
                third party,'' after ``remote computing service''; and
                    (B) by inserting ``or Internet Web site'' after
                ``of such service''; and
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i)--
                            (i) by inserting ``, or an operator of an
                        Internet Web site (including an agent of such
                        operator) or other third party,'' after
                        ``remote computing service''; and
                            (ii) by inserting ``or Internet Web site''
                        after ``of such service''; and
                    (B) in clause (iv), by inserting ``or operator''
                after ``of such provider''.
    (b) Disclosure of Communication Records to Non-Government
Entities.--Paragraph (1)(A) of such section is further amended by
striking ``other than a government entity.'' and inserting ``other than
a government entity only if the disclosure is--
            ``(i) necessary to initiate, provide, bill, or collect for
        such service or for access to or use of such Internet Web site;
            ``(ii) necessary to protect the rights or property of the
        provider of such service or Internet Web site;
            ``(iii) made at the request of the subscriber or customer;
            ``(iv) made with the affirmative consent of the subscriber
        or customer given at the time the disclosure is sought; or
            ``(v) required by law.''.
    (c) Information Covered by Limitations on Disclosure.--Such section
is further amended in paragraphs (1)(A) and (1)(B) by inserting before
the end parenthesis the following: ``, but including information
generated in the process of accessing or otherwise using the
Internet''.
    (d) Disclosure of Aggregate Information.--Such section is further
amended by adding at the end the following new paragraph:
    ``(3) Nothing in this subsection may be construed to prohibit a
provider of electronic communication service or remote computing
service, operator of an Internet Web site (including an agent of such
operator), or third party from using, disclosing, or permitting access
to aggregate customer or subscriber information from which individual
customer or subscriber information and characteristics have been
removed.''.
    (e) Protection of Service.--Such section is further amended by
adding at the end the following new paragraph:
    ``(4) A provider of electronic communication service or remote
computing service or operator of an Internet Web site may not terminate
the provision of such service or access to or use of such Internet Web
site to an individual who refuses to consent to the disclosure of
records or other information under paragraph (1)(A)(iv) as a result of
such refusal.''.
    (f) Federal Preemption.--Such section is further amended by adding
at the end the following new paragraph:
    ``(5) This subsection preempts any State or local law regarding the
disclosure by providers of electronic communication service or remote
computing service and operators of Internet Web sites of records or
other information covered by this subsection.''.
    (g) Conforming Amendment.--The subsection heading of such section
is amended by striking ``or Remote Computing Service'' and inserting
``, Remote Computing Service, or Internet Web Site''.
    (h) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of enactment.

Summary: Includes an operator of an Internet web site or other third party within the scope of limitations on disclosure of records currently applicable to electronic communication service (ECS), and remote computing service (RCS), providers. Limits any such disclosure to non-government entities except: (1) as necessary to initiate, provide, bill, or collect for such service or for access to or use of such Internet web site, or to protect the rights or property of the provider. (2) as made at the request of the subscriber or customer, or with the affirmative consent of the subscriber or customer given at the time the disclosure is sought. Or (3) as required by law. Includes within the scope of such restrictions on disclosure information generated in the process of accessing or otherwise using the Internet. Authorizes a provider of ECS or RCS, operator of an Internet web site, or third party to use, disclose, or permit access to aggregate customer or subscriber information from which individual customer or subscriber information and characteristics have been removed. Prohibits a provider of ECS, RCS, or an operator of an Internet web site from terminating the provision of such service or access to, or use of, such web site to an individual who refuses to consent to the disclosure of records or other information under this Act as a result of such refusal. Preempts any State or local law regarding the disclosure by providers of ECS, RCS, and operators of Internet web sites of records or other information covered by this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Humanitarian Assistance to Combat
HIV/AIDS in sub-Saharan Africa and the Caribbean and National Security
Act of 2003''.

SEC. 2. FINDINGS.

     Congress makes the following findings:
            (1) The National Security Strategy of the United States,
        dated September 17, 2002, states: ``[I]n Africa, promise and
        opportunity sit side-by-side with disease, war and desperate
        poverty. This threatens both a core value of the United States
        preserving human dignity and our strategic priority combating
        global terror. American interests and American principles,
        therefore, lead in the same direction: we will work with others
        for an African continent that lives in liberty, peace, and
        growing prosperity.''.
            (2) On March 19, 2002, the Director of Central Intelligence
        testified before Congress that ``[T]he chronic problems of sub-
        Saharan Africa make it, too, fertile ground for direct and
        indirect threats to United States interests. Governments
        without accountability and natural disasters have left Africa
        with the highest concentration of human misery in the world.''.
            (3) Sub-Saharan Africa has been far more severely affected
        by HIV/AIDS than any other part of the world. In fact, AIDS has
        surpassed malaria as the leading cause of death in sub-Saharan
        Africa, and it kills many times more people than Africa's armed
        conflicts.
            (4) Africa, where an estimated 3,500,000 people were newly
        infected with HIV in 2002, has approximately 10 percent of the
        world's population but more than 70 percent of the worldwide
        total of people infected with HIV.
            (5) In November 2002, the Joint United Nations Programme on
        HIV/AIDS (UNAIDS) reported that in 2002, 29,400,000 people were
        living with HIV/AIDS in sub-Saharan Africa, an increase from
        28,500,000 people in 2001.
            (6) At the end of 2001, an estimated 21,500,000 Africans
        had lost their lives to AIDS, including an estimated 2,200,000
        individuals who died in that year. UNAIDS estimates that by
        2020, an additional 55,000,000 Africans will lose their lives
        to the epidemic.
            (7) The HIV/AIDS epidemic in Africa is having a much
        greater impact on children than is the case in other parts of
        the world.
            (8) According to UNAIDS, more than 600,000 African infants
        become infected with HIV each year through mother-to-child
        transmission, either at birth or through breast-feeding. These
        children have short life expectancies, and the number currently
        alive may be about 1,000,000 children.
            (9) In 2001, an estimated 11,000,000 children who became
        orphans by AIDS were living in Africa.
            (10) Because of the stigma attached to AIDS, children who
        become orphans by AIDS are at high risk for being malnourished,
        abused, and denied an education.
            (11) According to UNAIDS, women make up an estimated 58
        percent of the HIV-positive adult population in sub-Saharan
        Africa, as compared to 50 percent of the HIV-positive adult
        population worldwide.
            (12) Young women are particularly at risk. In 2001, an
        estimated 6 to 11 percent of African women aged 15 to 24 were
        HIV-positive, compared to 3 to 6 percent of young men.
            (13)(A) The HIV-infection rate among adults is
        approximately 8.8 percent in Africa, compared with 1.2 percent
        worldwide. The HIV/AIDS epidemic in sub-Saharan Africa is a
        major component of this African crisis.
            (B) In 7 sub-Saharan African countries, 20 percent or more
        of the adult population is infected with HIV, and the rate has
        reached 38.8 percent in Botswana.
            (C) Moreover, in Cameroon, a West African country, the
        adult HIV-infection rate has increased from 4.7 percent in 1996
        to 11.8 percent in 2001.
            (D) In Nigeria, with a population that exceeds 125,000,000,
        an estimated 5.8 percent of adults were HIV-positive in 2001,
        and infection rates in some areas of Nigeria have reached
        levels seen in neighboring Cameroon.
            (14) Nongovernmental organizations working in Africa, donor
        governments, and African governments have responded to the HIV/
        AIDS epidemic primarily by attempting to reduce the number of
        new HIV infections, and to some degree, by trying to ameliorate
        the damage done by AIDS to families, societies, and economies.
            (15)(A) A 1999 United Nations study found that community-
        based organizations, sometimes with the support of
        nongovernmental organizations, have emerged to supply
        additional labor, home care for the sick, house repair, and
        other services to AIDS-afflicted families.
            (B) Programs and projects aimed at combating the epidemic
        typically provide information on how HIV is spread, and on how
        it can be avoided, through the media, posters, lectures, and
        skits. AIDS awareness programs can be found in many African
        schools and increasingly in the workplace, where employers are
        recognizing their interest in reducing the HIV-infection rate
        among their employees.
            (16) Public-private partnerships have also become an
        important vehicle for responding to the HIV/AIDS pandemic in
        Africa.
            (17)(A) The United States Agency for International
        Development estimates that in fiscal year 2000, all donors and
        lending agencies, together with African governments, spent
        approximately $500,000,000 in combating HIV/AIDS, but donors
        have committed to increasing this amount.
            (B) On July 23, 2000, leaders at the G-8 world economic
        summit in Okinawa, Japan, pledged to reduce the number of young
        people infected with the HIV virus by 25 percent.
            (18) The World Health Organization estimates that a pledge
        by the G-8 countries to combat malaria and tuberculosis, and
        reduce the HIV virus in Africa by 25 percent, would cost at
        least $5,000,000,000 per year for 5 years. The World Bank
        launched its Multi-Country HIV/AIDS Program (MAP) for Africa in
        September 2000, and a World Bank official said in October 2002
        that to date, $1,000,000,000 had been committed.
            (19) On December 9, 2001, Peter Piot, Executive Director of
        UNAIDS, told an international AIDS conference in Burkina Faso
        that assistance to fight HIV/AIDS in sub-Saharan Africa should
        be increased ``many-fold'', and that the region requires
        $5,000,000,000 per year to confront the HIV/AIDS pandemic.
            (20) While the AIDS epidemic in Caribbean countries does
        not compare to the severity of the epidemic in Africa, there
        are an estimated 420,000 people living with AIDS in Caribbean
        countries. Moreover, the HIV/AIDS adult prevalence rate in
        several countries in the Caribbean is among the highest outside
        of sub-Saharan Africa.
            (21) Caribbean countries with the highest prevalence of HIV
        infection rates are Haiti and the Bahamas, with adult HIV
        infection rates at more than 4 percent. Overall, an estimated 1
        out of 50 people in Caribbean countries is infected with HIV.
        Haiti and the Dominican Republic, with a combined 340,000
        adults and children living with HIV/AIDS, account for
        approximately 87 percent of the infected population of
        Caribbean countries. As noted by the United States Agency for
        International Development, Haiti's poverty, civil conflict, and
        unstable governance have contributed to the rapid spread of
        AIDS. In some urban areas of Haiti, HIV infection rates are at
        more than 10 percent of the population.
            (22) In Caribbean countries, access to treatment and care
        is non-existent for many infected with HIV. Nevertheless, many
        projects demonstrate that even in severely impoverished
        countries with little health infrastructure, there can be
        sustained treatment for people with HIV/AIDS.

SEC. 3. SENSE OF CONGRESS.

     It is the sense of Congress that--
            (1) effectively addressing the HIV/AIDS problem in
        countries in sub-Saharan Africa and the Caribbean is a moral
        issue of the greatest magnitude and is in the national security
        interest of the United States; and
            (2) the President should enter into direct talks with the
        governments of other member countries of the G-8 and member
        countries of the European Union to increase the amount of
        financial support to combat the HIV/AIDS pandemic in sub-
        Saharan Africa and the Caribbean.

SEC. 4. GRANTS TO COMBAT HIV/AIDS IN SUB-SAHARAN AFRICA AND CARIBBEAN
              COUNTRIES.

     The Administrator of the United States Agency for International
Development is authorized to award grants to nongovernmental
organizations for the prevention, treatment, and control of HIV/AIDS in
countries in sub-Saharan Africa and Caribbean countries, including by
expanding activities to prevent the mother-to-child transmission of HIV
by providing treatment, medical care, and support services to HIV-
infected parents and their children. In carrying out the preceding
sentence, it is the sense of Congress that the Secretary of Health and
Human Services, acting through the Director of the Centers for Disease
Control and Prevention, should provide appropriate medical and
technical expertise to the Administrator and recipient governments.

SEC. 5. APPOINTMENT OF HEALTH OFFICERS TO UNITED STATES EMBASSIES IN
              SUB-SAHARAN AFRICA AND THE CARIBBEAN.

    The Secretary of State, in conjunction with the Secretary of Health
and Human Services, is authorized to appoint to the country team in
each United States embassy in sub-Saharan Africa and the Caribbean a
health officer to advise the United States Ambassador and assist in
coordination of the effort to combat HIV/AIDS with local governments.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act $500,000,000 for each of the fiscal years 2004 through
2008.
    (b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.

SEC. 7. DEFINITIONS.

     In this Act:
            (1) AIDS.--The term ``AIDS'' means acquired immune
        deficiency syndrome.
            (2) Caribbean countries.--The term ``Caribbean countries''
        means the countries described in section 212(b) of the
        Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)).
            (3) HIV.--The term ``HIV'' means the human immunodeficiency
        virus, the pathogen that causes AIDS.
    (4) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an
individual, an individual who is infected with HIV or living with AIDS.
            (5) Countries in sub-saharan africa.--The term ``countries
        in sub-Saharan Africa'' has the meaning given such term in
        section 107 of the African Growth and Opportunity Act (19
        U.S.C. 3706).

Summary: Humanitarian Assistance to Combat HIVAIDS in sub-Saharan Africa and the Caribbean and National Security Act of 2003 - Declares the sense of Congress that: (1) effectively addressing the HIVAIDS problem in countries in sub-Saharan Africa and the Caribbean is a moral issue of the greatest magnitude and is in the national security interest of the United States. And (2) the President should enter into direct talks with the governments of other member countries of the G-8 and member countries of the European Union to increase the amount of financial support to combat the HIVAIDS pandemic in sub-Saharan Africa and the Caribbean. Authorizes the Administrator of the United States Agency for International Development (USAID) to award grants to nongovernmental organizations (NGOs) for the prevention, treatment, and control of HIVAIDS in countries in sub-Saharan Africa and Caribbean countries, including treatment, medical care, and support services to HIV-infected parents and their children. Expresses the sense of Congress that the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, should provide appropriate medical and technical expertise to the Administrator and recipient governments. Authorizes the Secretary of State, in conjunction with the Secretary of HHS, to appoint to the country team in each US embassy in sub-Saharan Africa and the Caribbean a health officer to advise the US Ambassador and assist in coordination of the effort to combat HIVAIDS with local governments.

To authorize assistance to combat the growing HIV/AIDS problem in countries in sub-Saharan Africa and the Caribbean.


SECTION 1.  SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``National Policies
Toward Gambling Review Act of 1995''.
    (b) Findings.--The Congress finds the following:
            (1) In 1976, the Commission on the Review of the National
        Policy Toward Gambling issued its final report to Congress. At
        the time of the report--
                    (A) casino gambling was legal in just 1 State,
                where it was a $1,000,000,000 a year industry;
                    (B) Indian tribal gambling did not exist;
                    (C) State lotteries existed in just 13 States; and
                    (D) the link between gambling and organized crime
                was the paramount concern of the commission.
            (2) The gambling industry has grown dramatically in recent
        years as demonstrated by the following:
                    (A) Casino gambling is legal in well over 20 States
                and referenda on legalization are being considered in
                many other States.
                    (B) Casino gambling has become a $30,000,000,000 a
                year industry.
                    (C) Indian tribal casino gambling accounts for over
                15 percent of all casino revenues.
                    (D) State lotteries exist in 36 States.
                    (E) Gambling in some form exists in all but 2
                States in the Union.
            (3) Implementation of the Indian Gaming Regulatory Act in
        1988 created a competitive environment between Indian tribes
        and States to legalize and develop casinos at a swift pace, as
        evidenced by the current status of casino gambling among
        recreational activities in the United States.
            (4) Today, the paramount public policy concern relative to
        gambling is the impact of the gambling industry itself on
        communities, States, and the Nation as a whole.
            (5) Gambling brings with it certain externalities that
        other industries do not bring. Specifically, the proliferation
        of the gambling industry raises concerns regarding--
                    (A) corresponding proliferation of gambling
                addiction;
                    (B) proliferation in addiction-related crime;
                    (C) proliferation in cross addictions between
                gambling and alcohol and drugs;
                    (D) decreases in worker productivity at the
                national level due to excessive gambling;
                    (E) a potentially adverse impact on the health and
                viability of existing small businesses in communities
                where gambling is legalized and in communities
                surrounding Indian reservations where gambling exists;
                    (F) a competitive atmosphere developing between
                States and Indian tribes, between States and other
States, and between States and bordering countries, particularly
Canada, to attract the gambling dollar; and
                    (G) dramatic growth in the political influence of
                gambling advocates in city halls and statehouses across
                the country, where governments must act as both
                regulator and profiteer of gambling.
            (6) There are variations and conflicts in the regulatory
        structures controlling gambling nation-wide, and in particular
        between Federal oversight through the Indian Gaming Regulatory
        Act and State laws.
            (7) There is no adequate core or body of knowledge at the
        national level on the impact of gambling proliferation on the
        United States.
            (8) Most of the economic impact studies of casino gambling
        have been sponsored by the gambling industry.
            (9) Little funding has been made available at the State or
        Federal level for research into gambling addiction and the
        socioeconomic cost to the Nation of gambling addiction.
            (10) Policymakers at the local, State, and Federal levels
        are in need of sound information and data on the social and
        economic impact of gambling proliferation on the Nation.

SEC. 2. ESTABLISHMENT

    There is established a commission to be known as the ``Commission
on the Review of National Policies Toward Gambling'' (in this Act
referred to as the ``Commission'').

SEC. 3 DUTIES.

    (a) In General.--The Commission shall conduct a comprehensive legal
and factual study of (1) gambling activities in the United States, (2)
the social and economic impact of such gambling activities, and (3)
existing Federal, State, and local policy and practices with respect to
legal prohibition and taxation of such gambling activities, and in
particular the relationship between the Indian Gaming Regulatory Act
and State and local laws. The Commission shall formulate and propose
such changes in such policies and practices as the Commission may
consider appropriate.
    (b) Requirements.--The study to be conducted under subsection (a)
shall, at a minimum, include the following:
            (1) An examination of the impact of gambling activities on
        communities nationwide and the Nation as a whole in terms of--
                    (A) the economic well-being of existing small
                businesses and jobs;
                    (B) the growth in gambling addiction;
                    (C) the socioeconomic impact of gambling addiction;
                and
                    (D) the growth in gambling related crime and
                gambling-addiction related crime, particularly given
                the proliferation of casino gambling in recent years.
            (2) A review of the effectiveness of existing practices in
        law enforcement, judicial administration, and corrections in
        the United States and in foreign legal jurisdictions for the
        enforcement of the prohibition and taxation of gambling
        activities, including consideration of possible alternatives to
        such practices.
            (3) A study of existing statutes of the United States and
        State and local jurisdictions that prohibit and tax gambling
        activities, including preparation of such a proposal for
        codification, revision, or repeal of such statutes as the
        Commission may determine to be required to carry into effect
        such policy and practice changes as it may consider to
        necessary or desirable.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 15
members appointed not later than 90 days after the date of the
enactment of this Act as follows:
            (1) Four individuals appointed jointly by the President of
        the Senate and the minority leader of the Senate.
            (2) Four individuals appointed jointly by the Speaker of
        the House of Representatives and the minority leader of the
        House of Representatives.
            (3) Seven individuals appointed by the President of the
        United States.
    (b) Qualifications.--Members appointed pursuant to subsection (a)
shall be appointed from among individuals who are not officers of the
executive branch of the Government or Members of Congress and who are
specially qualified to serve on the Commission by virtue of training
and experience.
    (c) Chairman.--The President of the United States shall designate a
Chairman from among the members of the Commission.
    (d) Quorum.--Eight members of the Commission shall constitute a
quorum.
    (e) Vacancies.--Any vacancy in the Commission shall not affect the
powers of the Commission but shall be filled in the same manner in
which the original appointment was made.
    (f) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2),
        members of the Commission shall each be entitled to receive
        $100.00 for each day (including travel time) during which they
        are engaged in the actual performance of duties vested in the
        Commission.
            (2) Prohibition of compensation of members of the federal
        judiciary.--Members of the Commission who are members of the
        Federal judiciary may not receive additional pay, allowances,
        or benefits by reason of their service on the Commission.
    (g) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.

SEC. 5. STAFF.

    (a) Appointments.--Subject to such rules and regulations as may be
adopted by the Commission, the Chairman of the Commission shall have
the power to appoint and fix the compensation of a Director and such
additional staff personnel (but not to exceed 15 staff members) as the
Chairman considers necessary.
    (b) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates; except that
an individual so appointed may not receive pay in excess of the rate of
basic pay payable for level I of the Executive Schedule.
    (c) Qualifications.--In making appointments pursuant to this
section, the Chairman of the Commission shall include among the
Chairman's appointments individuals determined by the Chairman to be
competent social scientists, lawyers, law enforcement officers, and
others with professional expertise in areas related to gambling.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
    (f) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas
        requiring the attendance and testimony of witnesses and the
        production of any evidence relating to any matter which the
        Commission is empowered to investigate by this Act. The
        attendance of witnesses and the production of evidence may be
        required from any place within the United States at any
        designated place of hearing within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to
        obey a subpoena issued under paragraph (1), the Commission may
        apply to a United States district court for an order requiring
        that person to appear before the Commission to give testimony,
        produce evidence, or both, relating to the matter under
        investigation. The application may be made within the judicial
        district where the hearing is conducted or where that person is
        found, resides, or transacts business. Any failure to obey the
        order of the court may be punished by the court as civil
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission
        shall be served in the manner provided for subpoenas issued by
        a United States district court under the Federal Rules of Civil
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which
        application is to be made under paragraph (2) may be served in
        the judicial district in which the person required to be served
        resides or may be found.
    (g) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses).

SEC. 7. REPORTS.

    (a) Interim Reports.--The Commission may submit to the President of
the United States and the Congress interim reports as the Commission
considers appropriate.
    (b) Final Report.--The Commission shall transmit a final report to
the President of the United States and the Congress not later than 2
years after the date of the first meeting of the Commission. The final
report shall contain a detailed statement of the findings and
conclusions of the Commission.

SEC. 8 TERMINATION.

    The Commission shall terminate on the 60th day following submittal
of the final report of the Commission pursuant to section 7(b).

Summary: National Policies Toward Gambling Review Act of 1995 - Establishes a Commission on the Review of National Policies Toward Gambling to conduct a comprehensive legal and factual study of: (1) gambling activities in the United States, (2) their social and economic impact. And (3) existing Federal, State, and local policy and practices with respect to legal prohibition and taxation of such activities, particularly the relationship between the Indian Gaming Regulatory Act and State and local laws.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cut Taxes for the
Middle Class Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
              TITLE I--STATE AND LOCAL SALES TAX DEDUCTION

Sec. 101. Extension of deduction of State and local general sales
                            taxes.
        TITLE II--PROVISIONS RELATING TO EDUCATION TAX BENEFITS

Sec. 201. Extension of above-the-line deduction for qualified tuition
                            and related expenses.
Sec. 202. Extension of deduction for certain expenses of elementary and
                            secondary school teachers.
     TITLE III--PROVISIONS RELATING TO MEMBERS OF THE ARMED FORCES

Sec. 301. Extension of housing allowance exclusion for determining area
                            median gross income for low-income housing
                            credit and qualified residential rental
                            project exempt facility bonds.
Sec. 302. Extension of employer wage credit for employees who are
                            active duty members of the uniformed
                            services.
              TITLE IV--PROVISIONS RELATING TO BUSINESSES

Sec. 401. Extension of work opportunity tax credit.
Sec. 402. Extension of new markets tax credit.
Sec. 403. Extension and modification of research credit.

              TITLE I--STATE AND LOCAL SALES TAX DEDUCTION

SEC. 101. EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL SALES
              TAXES.

    (a) In General.--Subparagraph (I) of section 164(b)(5) of the
Internal Revenue Code of 1986 is amended by striking ``January 1,
2014'' and inserting ``January 1, 2015''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.

        TITLE II--PROVISIONS RELATING TO EDUCATION TAX BENEFITS

SEC. 201. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION
              AND RELATED EXPENSES.

    (a) In General.--Subsection (e) of section 222 of the Internal
Revenue Code of 1986 is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2014''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.

SEC. 202. EXTENSION OF DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND
              SECONDARY SCHOOL TEACHERS.

    (a) In General.--Subparagraph (D) of section 62(a)(2) of the
Internal Revenue Code of 1986 is amended by striking ``or 2013'' and
inserting ``2013, or 2014''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.

     TITLE III--PROVISIONS RELATING TO MEMBERS OF THE ARMED FORCES

SEC. 301. EXTENSION OF HOUSING ALLOWANCE EXCLUSION FOR DETERMINING AREA
              MEDIAN GROSS INCOME FOR LOW-INCOME HOUSING CREDIT AND
              QUALIFIED RESIDENTIAL RENTAL PROJECT EXEMPT FACILITY
              BONDS.

    (a) In General.--Subsection (b) of section 3005 of the Housing
Assistance Tax Act of 2008 is amended by striking ``January 1, 2014''
each place it appears and inserting ``January 1, 2015''.
    (b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 3005 of the Housing
Assistance Tax Act of 2008.

SEC. 302. EXTENSION OF EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE
              ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES.

    (a) In General.--Subsection (f) of section 45P of the Internal
Revenue Code of 1986 is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2014''.
    (b) Effective Date.--The amendment made by this section shall apply
to payments made after December 31, 2013.

              TITLE IV--PROVISIONS RELATING TO BUSINESSES

SEC. 401. EXTENSION OF WORK OPPORTUNITY TAX CREDIT.

    (a) In General.--Subparagraph (B) of section 51(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2013'' and inserting ``December 31, 2014''.
    (b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after December 31, 2013.

SEC. 402. EXTENSION OF NEW MARKETS TAX CREDIT.

    (a) In General.--Subparagraph (G) of section 45D(f)(1) of the
Internal Revenue Code of 1986 is amended by striking ``and 2013'' and
inserting ``2013, and 2014''.
    (b) Carryover of Unused Limitation.--Paragraph (3) of section
45D(f) of such Code is amended by striking ``2018'' and inserting
``2019''.
    (c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2013.

SEC. 403. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

    (a) In General.--Subparagraph (B) of section 41(h)(1) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2013'' and inserting ``December 31, 2014''.
    (b) Conforming Amendment.--Subparagraph (D) of section 45C(b)(1) of
such Code is amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
    (c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2013.

Summary: Cut Taxes for the Middle Class Act of 2014 - Amends the Internal Revenue Code to extend through 2014: (1) the tax deduction for state and local general sales taxes in lieu of state and local income taxes, (2) the tax deductionnbsp. For qualified tuition and related expenses, (3) the tax deduction for expenses of elementary and secondary school teachers, (4) the tax credit for differential wage payments to employees who are active duty members of the Uniformed Services, (5) the work opportunity tax credit, (6) the new markets tax credit, and (7) the tax credit for increasing research activities. Amends the Housing Assistancenbsp. Tax Act of 2008 to extend through 2014 the exemption of the basic military housing allowance from the income test for programs financed by tax-exempt housing bonds. nbsp,


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paskenta Band Restoration Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Tribe'' means the Paskenta Band of Nomlaki
        Indians of the Paskenta Rancheria of California.
            (2) The term ``Secretary'' means the Secretary of the
        Interior.
            (3) The term ``Interim Council'' means the governing body
        of the Tribe specified in section 7.
            (4) The term ``member'' means an individual who meets the
        membership criteria under section 6(b).
            (5) The term ``State'' means the State of California.
            (6) The term ``reservation'' means those lands acquired and
        held in trust by the Secretary for the benefit of the Tribe
        pursuant to section 5.
            (7) The term ``service area'' means the counties of Tehama
        and Glenn, in the State of California.

SEC. 3. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. Except as otherwise provided in this Act, all laws and
regulations of general application to Indians and nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this Act shall be applicable to the Tribe and its members.
    (b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and its members
under any Federal treaty, Executive order, agreement, or statute, or
under any other authority which were diminished or lost under the Act
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby
restored and the provisions of such Act shall be inapplicable to the
Tribe and its members after the date of enactment of this Act.
    (c) Federal Services and Benefits.--Without regard to the existence
of a reservation, the Tribe and its members shall be eligible, on and
after the date of enactment of this Act, for all Federal services and
benefits furnished to federally recognized Indian tribes or their
members. In the case of Federal services available to members of
federally recognized Indian tribes residing on a reservation, members
of the Tribe residing in the Tribe's service area shall be deemed to be
residing on a reservation.
    (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this
Act shall expand, reduce, or affect in any manner any hunting, fishing,
trapping, gathering, or water right of the Tribe and its members.
    (e) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its
members.
    (f) Certain Rights Not Altered.--Except as specifically provided in
this Act, nothing in this Act shall alter any property right or
obligation, any contractual right or obligation, or any obligation for
taxes levied.

SEC. 4. ECONOMIC DEVELOPMENT.

    (a) Plan for Economic Development.--The Secretary shall--
            (1) enter into negotiations with the governing body of the
        Tribe with respect to establishing a plan for economic
        development for the Tribe;
            (2) in accordance with this section and not later than two
        years after the adoption of a tribal constitution as provided
        in section 8, develop such a plan; and
            (3) upon the approval of such plan by the governing body of
        the Tribe, submit such plan to the Congress.
    (b) Restrictions.--Any proposed transfer of real property contained
in the plan developed by the Secretary under subsection (a) shall be
consistent with the requirements of section 5.

SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken in Trust.--The Secretary shall accept any
real property located in Tehama County, California, for the benefit of
the Tribe if conveyed or otherwise transferred to the Secretary if, at
the time of such conveyance or transfer, there are no adverse legal
claims to such property, including outstanding liens, mortgages, or
taxes owned. The Secretary may accept any additional acreage in the
Tribe's service area pursuant to the authority of the Secretary under
the Act of June 18, 1934 (25 U.S.C. 461 et seq.).
    (b) Lands To Be Part of the Reservation.--Subject to the conditions
imposed by this section, any real property conveyed or transferred
under this section shall be taken in the name of the United States in
trust for the Tribe and shall be part of the Tribe's reservation.
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SEC. 6. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Within one year after
the date of the enactment of this Act, the Secretary shall, after
consultation with the Tribe, compile a membership roll of the Tribe.
    (b) Criteria for Membership.--(1) Until a tribal constitution is
adopted pursuant to section 8, an individual shall be placed on the
membership roll if such individual is living, is not an enrolled member
of another federally recognized Indian tribe, is of Nomlaki Indian
ancestry, and if--
            (A) such individual's name was listed on the Paskenta
        Indian Rancheria distribution roll compiled on February 26,
        1959, by the Bureau of Indian Affairs and approved by the
        Secretary of the Interior on July 7, 1959, pursuant to Public
        Law 85-671;
            (B) such individual was not listed on the Paskenta Indian
        Rancheria distribution list, but met the requirements that had
        to be met to be listed on the Paskenta Indian Rancheria list;
            (C) such individual is identified as an Indian from
        Paskenta in any of the official or unofficial rolls of Indians
        prepared by the Bureau of Indian Affairs; or
            (D) such individual is a lineal descendant of an
        individual, living or dead, identified in subparagraph (A),
        (B), or (C).
    (2) After adoption of a tribal constitution pursuant to section 8,
such tribal constitution shall govern membership in the Tribe.
    (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose
of subsection (b), the Secretary shall accept any available evidence
establishing Paskenta Indian ancestry. The Secretary shall accept as
conclusive evidence of Paskenta Indian ancestry, information contained
in the census of the Indians in and near Paskenta, prepared by Special
Indian Agent John J. Terrell, in any other roll or census of Paskenta
Indians prepared by the Bureau of Indian Affairs, and in the Paskenta
Indian Rancheria distribution list, compiled by the Bureau of Indian
Affairs on February 26, 1959.

SEC. 7. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become
effective under section 8, the Tribe's governing body shall be an
Interim Council. The initial membership of the Interim Council shall
consist of the members of the Tribal Council of the Tribe on the date
of the enactment of this Act, and the Interim Council shall continue to
operate in the manner prescribed for the Tribal Council under the
tribal constitution adopted December 18, 1993. Any new members filling
vacancies on the Interim Council shall meet the membership criteria set
forth in section 6(b) and be elected in the same manner as are Tribal
Council members under the tribal constitution adopted December 18,
1993.

SEC. 8. TRIBAL CONSTITUTION.

    (a) Election; Time and Procedure.--Upon the completion of the
tribal membership roll under section 6(a) and upon the written request
of the Interim Council, the Secretary shall conduct, by secret ballot,
an election for the purpose of adopting a constitution and bylaws for
the Tribe. The election shall be held according to section 16 of the
Act of June 18, 1934 (25 U.S.C. 476), except that absentee balloting
shall be permitted regardless of voter residence.
    (b) Election of Tribal Officials; Procedures.--Not later than 120
days after the Tribe adopts a constitution and bylaws under subsection
(a), the Secretary shall conduct an election by secret ballot for the
purpose of electing tribal officials as provided in such tribal
constitution. Such election shall be conducted according to the
procedures specified in subsection (a) except to the extent that such
procedures conflict with the tribal constitution.

SEC. 9. GENERAL PROVISION.

    The Secretary may promulgate such regulations as may be necessary
to carry out the provisions of this Act.

Summary: Paskenta Band Restoration Act - Extends Federal recognition and restores rights and privileges of the Paskenta Band of Nomlaki Indians of the Paskenta Rancheria of California.

Paskenta Band Restoration Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Worldwide Tobacco Disclosure Act of
1997''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Cigarette.--The term ``cigarette'' means--
                    (A) any roll of tobacco wrapped in paper or in any
                substance not containing tobacco which is to be burned,
                    (B) any roll of tobacco wrapped in any substance
                containing tobacco which, because of its appearance,
                the type of tobacco used in the filler, or its
                packaging and labeling is likely to be offered to, or
                purchased by consumers as a cigarette described in
                subparagraph (A),
                    (C) little cigars which are any roll of tobacco
                wrapped in leaf tobacco or any substance containing
                tobacco (other than any roll of tobacco which is a
                cigarette within the meaning of subparagraph (A)) and
                as to which 1000 units weigh not more than 3 pounds,
                and
                    (D) loose rolling tobacco and papers or tubes used
                to contain such tobacco.
            (2) Domestic concern.--The term ``domestic concern''
        means--
                    (A) any individual who is a citizen, national, or
                resident of the United States; and
                    (B) any corporation, partnership, association,
                joint-stock company, business trust, unincorporated
                organization, or sole proprietorship which has its
                principal place of business in the United States, or
                which is organized under the laws of a State of the
                United States or a territory, possession, or
                commonwealth of the United States.
            (3) Nondiscriminatory law or regulation.--The term
        ``nondiscriminatory law or regulation'' means a law or
        regulation of a foreign country that adheres to the principle
        of national treatment and applies no less favorable treatment
        to goods that are imported into that country than it applies to
        like goods that are the product, growth, or manufacture of that
        country.
            (4) Package.--The term ``package'' means a pack, box,
        carton, or other container of any kind in which cigarettes or
        other tobacco products are offered for sale, sold, or otherwise
        distributed to customers.
            (5) Sale or distribution.--The term ``sale or
        distribution'' includes sampling or any other distribution not
        for sale.
            (6) State.--The term ``State'' includes, in addition to the
        50 States, the District of Columbia, Guam, the Commonwealth of
        Puerto Rico, the Commonwealth of the Northern Mariana Islands,
        the Virgin Islands, American Samoa, the Republic of the
        Marshall Islands, the Federated States of Micronesia, and the
        Republic of Palau.
            (7) Tobacco product.--The term ``tobacco product'' means--
                    (A) cigarettes;
                    (B) little cigars;
                    (C) cigars as defined in section 5702 of the
                Internal Revenue Code of 1986;
                    (D) pipe tobacco;
                    (E) loose rolling tobacco and papers used to
                contain such tobacco;
                    (F) products referred to as spit tobacco; and
                    (G) any other form of tobacco intended for human
                use or consumption.
            (8) United states.--The term ``United States'' includes the
        States and installations of the Armed Forces of the United
        States located outside a State.

SEC. 3. RESTRICTIONS ON NEGOTIATIONS REGARDING FOREIGN LAWS REGULATING
              TOBACCO PRODUCTS.

    No funds appropriated by law may be used by any officer, employee,
department, or agency of the United States--
            (1) to seek, through negotiation or otherwise, the removal
        or reduction by any foreign country of any nondiscriminatory
        law or regulation, or any proposed nondiscriminatory law or
        regulation, in that country that restricts the advertising,
        manufacture, packaging, taxation, sale, importation, labeling,
        or distribution of tobacco products; or
            (2) to encourage or promote the export, advertising,
        manufacture, sale, or distribution of tobacco products.

SEC. 4. CIGARETTE EXPORT LABELING.

    (a) Labeling Requirements for Export of Cigarettes.--
            (1) In general.--It shall be unlawful for any domestic
        concern to export from the United States, or to sell or
        distribute in, or export from, any other country, any
        cigarettes whose package does not contain a warning label
        that--
                    (A) complies with Federal labeling requirements for
                cigarettes manufactured, imported, or packaged for sale
                or distribution within the United States; and
                    (B) is in the primary language of the country in
                which the cigarettes are intended for consumption.
            (2) Labeling format.--Federal labeling format requirements
        shall apply to a warning label described in paragraph (1) in
        the same manner, and to the same extent, as such requirements
        apply to cigarettes manufactured, imported, or packaged for
        sale or distribution within the United States.
            (3) Rotation of labeling.--Federal rotation requirements
        for warning labels shall apply to a warning label described in
        paragraph (1) in the same manner, and to the same extent, as
        such requirements apply to cigarettes manufactured, imported,
        or packaged for sale or distributed within the United States.
            (4) Waivers.--
                    (A) In general.--The President may waive the
                labeling requirements required by this Act for
                cigarettes, if the cigarettes are exported to a foreign
                country included in the list described in subparagraph
                (B) and if that country is the country in which the
                cigarettes are intended for consumption. A waiver under
                this subparagraph shall be in effect prior to the
                exportation of any cigarettes not in compliance with
                the requirements of this section by a person to a
                foreign country included in the list.
                    (B) List of eligible countries for waiver.--
                            (i) In general.--Not later than 90 days
                        after the date of enactment of this Act, the
                        President shall develop and publish in the
                        Federal Register a list of foreign countries
                        that have in effect requirements for the
                        labeling of cigarette packages substantially
                        similar to or more stringent than the
                        requirements for labeling of cigarette packages
                        set forth in paragraphs (1) through (3). The
                        President shall use the list to grant a waiver
                        under subparagraph (A).
                            (ii) Update of list.--The President shall--
                                    (I) update the list described in
                                clause (i) to include a foreign country
                                on the list if the country meets the
                                criteria described in clause (i), or to
                                remove a foreign country from the list
                                if the country fails to meet the
                                criteria; and
                                    (II) publish the updated list in
                                the Federal Register.
    (b) Penalties.--
            (1) Fine.--Any person who violates the provisions of
        subsection (a) shall be fined not more than $100,000 per day
        for each such violation. Any person who knowingly reexports
        from or transships cigarettes through a foreign country
        included in the list described in subsection (a)(4)(B) to avoid
        the requirements of this Act shall be fined not more than
        $150,000 per day for each such occurrence.
            (2) Injunction proceedings.--The district courts of the
        United States shall have jurisdiction, for cause shown, to
        prevent and restrain violations of subsection (a) upon the
        application of the Attorney General of the United States.
    (c) Repeal.--Section 12 of the Federal Cigarette Labeling and
Advertising Act (15 U.S.C. 1340) is repealed.
    (d) Regulatory Authority.--Not later than 90 days after the date of
enactment of this Act, the President shall promulgate such regulations
and orders as may be necessary to carry out this section.
    (e) Effective Date.--The provisions of subsections (a) through (c)
shall take effect upon the effective date of the regulations
promulgated under subsection (d).

Summary: Worldwide Tobacco Disclosure Act of 1997 - Prohibits the use of appropriated funds by any US employee, department, or agency to: (1) seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products. Or (2) promote the export, advertising, manufacture, sale, or distribution of tobacco products. Makes it unlawful to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label that: (1) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States. And (2) is in the primary language of the country in which the cigarettes are intended for consumption. Authorizes the President to waive such prohibition if the importing country has similar or more stringent labeling requirements. Sets forth penalties for violation of this Act.