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S. 442

Internet Tax Freedom Act

TABLE OF CONTENTS:

Title I: Moratorium on Certain Taxes

Title II: Other Provisions

Title III: Government Paperwork Elimination Act

Title IV: Children's Online Privacy Protection

Title V: Oregon Institute of Public Service and

Constitutional Studies

Title VI: Paul Simon Public Policy Institute

Title VII: Howard Baker School of Government

Title VIII: John Glenn Institute for Public Service and

Public Policy

Internet Tax Freedom Act - Title I: Moratorium on Certain Taxes - Prohibits a State or political subdivision thereof from imposing the following taxes on Internet transactions occurring during the period beginning on October 1, 1998, and ending three years after the date of enactment of this Act: (1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; or (2) multiple or discriminatory taxes on electronic commerce. Provides an exception from such moratorium for: (1) persons selling or transferring, by means of the World Wide Web, material that is harmful to minors, unless such a person requires the use of an adult personal identification number or other procedures as the Federal Communications Commission may prescribe to restrict access to such material by persons under 17 years of age; and (2) an Internet access provider unless such provider offers its customer screening software designed to permit the customer to limit access to Internet material that is harmful to minors.

(Sec. 102) Establishes the Advisory Commission on Electronic Commerce to study and report to the Congress on Federal, State, local, and international taxation and tariff treatment of transactions using the Internet and Internet access and other comparable intrastate, interstate, or international sales activities.

Title II: Other Provisions - Expresses the sense of the Congress that no new Federal taxes similar to the taxes described above should be enacted with respect to the Internet and Internet access during the moratorium period.

(Sec. 202) Amends the Trade Act of 1974 to direct the U.S. Trade Representative to identify and analyze foreign acts, policies, or practices which constitute significant barriers to U.S. electronic commerce, as well as to estimate the value of additional U.S. electronic commerce that would have been exported into, or invested in, such country except for such acts, policies, or practices.

(Sec. 203) Expresses the sense of the Congress that the President should seek bilateral, regional, and multilateral agreements to remove barriers to global electronic commerce through specified international organizations and other appropriate venues. Includes as negotiating objectives under such agreements: (1) to assure that electronic commerce is free from tariff and nontariff barriers, burdensome and discriminatory regulation, and discriminatory taxation; and (2) to accelerate the growth of electronic commerce by expanding market access opportunities for the development of telecommunications infrastructure, the procurement of telecommunications equipment, the provision of Internet access and telecommunications services, and the exchange of goods, services, and digitalized information.

Title III: Government Paperwork Elimination Act - Government Paperwork Elimination Act - Requires the Director of the Office of Management and Budget to acquire alternative information technologies that provide for: (1) electronic submission, maintenance, or disclosure of information as a substitute for paper; and (2) the use and acceptance of electronic signatures. Requires the Director to: (1) develop procedures for the use and acceptance of electronic signatures by executive agencies; (2) ensure that such agencies, within five years after enactment of this Act, provide for the option of the electronic submission, maintenance, or disclosure of information as a substitute for paper, as well as for the use of electronic signatures; (3) develop procedures to permit private employers to store and file electronically with executive agencies forms containing information pertaining to the employees of such employers; and (4) conduct an ongoing study (with required periodic reports) of the use of electronic signatures under this title on paperwork reduction and electronic commerce, individual privacy, and the security and authenticity of transactions.

(Sec. 307) Provides for the: (1) full legal effect and enforcement of electronic records and signatures developed under this title; and (2) protection of such records and related information from unauthorized disclosure.

Title IV: Children's Online Privacy Protection - Children's Online Privacy Protection Act of 1998 - Prohibits an operator of a website or online service directed to children, or any operator having actual knowledge that it is doing so, from collecting personal information from a child in a manner that violates regulations required under this title which are designed to protect such children from unlawful and deceptive practices in the collection of personal information. Provides an exception for information disclosed to a child's parent.

Directs the Federal Trade Commission (FTC) to prescribe regulations requiring such operators to follow specified procedures in connection with the collection and use of personal information from children, including: (1) obtaining verifiable parental consent for the collection, use, or disclosure of such information; and (2) requiring such operators to establish and maintain procedures to protect the confidentiality, security, and integrity of collected information. Provides exceptions to the parental consent requirement.

(Sec. 404) Allows an operator to satisfy such regulatory requirements by following a set of FTC-approved self-regulatory guidelines established by appropriate online representatives. Directs the FTC to provide incentives for such self-regulation.

(Sec. 405) Authorizes the States to enforce such regulations by bringing actions on behalf of its residents, requiring the appropriate attorney general to first notify the FTC of such action. Authorizes the FTC to intervene in any such action.

(Sec. 406) Provides for the enforcement of this title through the Federal Trade Commission Act.

(Sec. 407) Directs the FTC to review and report to the Congress on the implementation of this title.

Title V: Oregon Institute of Public Service and Constitutional Studies - Authorizes the Secretary of Education (Secretary) to award a grant to Portland State University in Portland, Oregon, for the establishment of an endowment fund to support the Oregon Institute of Public Service and Constitutional Studies at the Mark O. Hatfield School of Government at such University. Directs the University to establish such Institute to receive such grant. Sets forth Institute duties, including to generate resources, improve teaching, enhance curriculum development, and further the knowledge and understanding of students of all ages about public service, the U.S. Government, and the Constitution. Requires the Institute to operate under a Leadership Council.

(Sec. 506) Requires the endowment fund to be managed in accordance with standard endowment policies established by the Oregon University System.

(Sec. 507) Authorizes appropriations for FY 1999.

Title VI: Paul Simon Public Policy Institute - Authorizes the Secretary to award a grant to Southern Illinois University for the establishment of an endowment fund to support the Paul Simon Public Policy Institute. Directs the University to establish such Institute to receive such grant. Requires the Institute to engage in research, analysis, debate, and policy recommendations affecting world hunger, mass media, foreign policy, education, and employment. Provides: (1) a matching funds requirement; and (2) authorized endowment investments, withdrawals, and expenditures. Authorizes the Secretary to terminate a grant and recover grant funds if the University fails endowment requirements.

(Sec. 606) Authorizes appropriations for FY 1999.

Title VII: Howard Baker School of Government - Authorizes the Secretary to award a grant to the University of Tennessee in Knoxville, Tennessee, for the establishment of an endowment fund to support the Howard Baker School of Government at such University. Directs the University, to receive such grant, to establish the School, which shall further the study of democratic institutions and public affairs. Requires the School to operate under the advice and guidance of a Board of Advisors.

(Sec. 705) Requires the endowment fund to be managed in accordance with standard endowment policies established by the University of Tennessee System.

(Sec. 706) Authorizes appropriations for FY 2000.

Title VIII: John Glenn Institute for Public Service and Public Policy - Authorizes the Secretary to award a grant to Ohio State University in Columbus, Ohio, for the establishment of an endowment fund to support the John Glenn Institute for Public Service and Public Policy, which shall further the study of public service and public policy issues. Provides: (1) a matching funds requirement; and (2) authorized endowment investments, withdrawals, and expenditures. Limits awarded grants to 20-year periods. Authorizes the Secretary to terminate a grant and recover grant funds if the University fails endowment requirements.

(Sec. 806) Authorizes appropriations for FY 2000.

Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection, for a period to be subsequently determined by the Chairman.

Sen. Wyden, Ron [D-OR](D-OR)Sponsor
10 cosponsors4 D6 R
10cosponsors7committees48actions97amendments7related bills102subjects
  1. CommitteeH11000

    Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection, for a period to be subsequently determined by the Chairman.

    Telecommunications, Trade, and Consumer Protection Subcommittee
  2. IntroReferralH11100

    Referred to House Ways and Means

    Ways and Means Committee
  3. IntroReferralH11100

    Referred to House Government Reform

    Oversight and Government Reform Committee
  4. IntroReferralH11100

    Referred to House Commerce

    Energy and Commerce Committee
  5. IntroReferralH11100

    Referred to House Education and the Workforce

    Education and Workforce Committee
  6. IntroReferralH11100-A

    Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Commerce, Government Reform and Oversight, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  7. IntroReferralH11100

    Referred to House Judiciary

    Judiciary Committee
  8. CommitteeH19100

    See H.R.4105.

    Judiciary Committee
  9. CommitteeH19100

    See H.R.3849.

    Judiciary Committee
  10. CommitteeH19100

    See H.R.3529.

    Judiciary Committee
  11. CommitteeH19100

    See H.R.1054.

    Judiciary Committee
  12. CommitteeH11000

    Referred to the Subcommittee on Commercial and Administrative Law.

    Commercial and Administrative Law Subcommittee
  13. FloorH15000

    Held at the desk.

  14. Floor

    Message on Senate action sent to the House.

  15. FloorH14000

    Received in the House.

  16. Floor

    Passed Senate with amendments by Yea-Nay Vote. 96-2. Record Vote No: 308.

  17. Floor17000

    Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay Vote. 96-2. Record Vote No: 308.

  18. Floor

    Previously agreed to Amendment SP 3718 was further modified by Unanimous Consent.

  19. Floor

    Considered by Senate. (consideration: CR S11847-11865)

  20. Floor

    The amendment (SP 3678), previously agreed to, was modified by Unanimous Consent.

  21. Floor

    Cloture invoked in Senate by Yea-Nay Vote. 94-4. Record Vote No: 302. (consideration: CR S11649)

  22. Floor

    Considered by Senate. (consideration: CR S11651-11670, S11675-11679, S11682-11691)

  23. Floor

    Considered by Senate. (consideration: CR S11572-11577)

  24. Floor

    Cloture motion presented in Senate. (consideration: CR S11307)

  25. Floor

    Considered by Senate. (consideration: CR S11305-11321, S11324-11325)

  26. Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S11269-11272)

  27. Floor

    Motion to proceed to consideration of measure agreed to in Senate. (consideration: CR S11239)

  28. Floor

    Motion to proceed considered in Senate. (consideration: CR S11154, S11177-11178)

  29. Floor

    Motion to proceed considered in Senate. (consideration: CR S11085-11087, S11103)

  30. Floor

    Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 89-6. Record Vote No: 292. (consideration: CR S11085)

  31. Floor

    Cloture motion on the motion to proceed presented in Senate. (consideration: CR S10969-10970)

  32. Floor

    Motion to proceed to consideration of measure made in Senate. (consideration: CR S10969)

  33. Floor

    Star Print ordered on Senate Report 105-276.

  34. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 509.

  35. Committee

    Committee on Finance. Reported to Senate by Senator Roth with an amendment in the nature of a substitute. With written report No. 105-276. Minority views filed.

    Finance Committee
  36. Committee14000

    Committee on Finance. Reported to Senate by Senator Roth with an amendment in the nature of a substitute. With written report No. 105-276. Minority views filed.

    Finance Committee
  37. Committee

    Committee on Finance. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Finance Committee
  38. IntroReferral

    Referred to the Committee on Finance by unanimous consent for a period not to extend beyond July 30, 1998.

    Finance Committee
  39. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S4625-4626)

  40. Calendars

    Placed on Senate Legislative Calendar under General Orders. 357.

  41. Committee

    Committee on Commerce. Reported to Senate by Senator McCain with an amendment in the nature of a substitute. With written report No. 105-184. Minority views filed.

    Commerce, Science, and Transportation Committee
  42. Committee14000

    Committee on Commerce. Reported to Senate by Senator McCain with an amendment in the nature of a substitute. With written report No. 105-184. Minority views filed.

    Commerce, Science, and Transportation Committee
  43. Committee

    Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Commerce, Science, and Transportation Committee
  44. Committee

    Committee on Commerce. Committee consideration and Mark Up Session held.

    Commerce, Science, and Transportation Committee
  45. Committee

    Subcommittee on Communications. Hearings held. Hearings printed: S.Hrg. 105-435.

    Communications Subcommittee
  46. IntroReferral

    Read twice and referred to the Committee on Commerce.

    Commerce, Science, and Transportation Committee
  47. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S2282-2283)

  48. IntroReferral10000

    Introduced in Senate

Oct 8, 199835

TABLE OF CONTENTS:

Title I: Moratorium on Certain Taxes

Title II: Other Provisions

Title III: Government Paperwork Elimination Act

Title IV: Children's Online Privacy Protection

Title V: Oregon Institute of Public Service and

Constitutional Studies

Title VI: Paul Simon Public Policy Institute

Title VII: Howard Baker School of Government

Title VIII: John Glenn Institute for Public Service and

Public Policy

Internet Tax Freedom Act - Title I: Moratorium on Certain Taxes - Prohibits a State or political subdivision thereof from imposing the following taxes on Internet transactions occurring during the period beginning on October 1, 1998, and ending three years after the date of enactment of this Act: (1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; or (2) multiple or discriminatory taxes on electronic commerce. Provides an exception from such moratorium for: (1) persons selling or transferring, by means of the World Wide Web, material that is harmful to minors, unless such a person requires the use of an adult personal identification number or other procedures as the Federal Communications Commission may prescribe to restrict access to such material by persons under 17 years of age; and (2) an Internet access provider unless such provider offers its customer screening software designed to permit the customer to limit access to Internet material that is harmful to minors.

(Sec. 102) Establishes the Advisory Commission on Electronic Commerce to study and report to the Congress on Federal, State, local, and international taxation and tariff treatment of transactions using the Internet and Internet access and other comparable intrastate, interstate, or international sales activities.

Title II: Other Provisions - Expresses the sense of the Congress that no new Federal taxes similar to the taxes described above should be enacted with respect to the Internet and Internet access during the moratorium period.

(Sec. 202) Amends the Trade Act of 1974 to direct the U.S. Trade Representative to identify and analyze foreign acts, policies, or practices which constitute significant barriers to U.S. electronic commerce, as well as to estimate the value of additional U.S. electronic commerce that would have been exported into, or invested in, such country except for such acts, policies, or practices.

(Sec. 203) Expresses the sense of the Congress that the President should seek bilateral, regional, and multilateral agreements to remove barriers to global electronic commerce through specified international organizations and other appropriate venues. Includes as negotiating objectives under such agreements: (1) to assure that electronic commerce is free from tariff and nontariff barriers, burdensome and discriminatory regulation, and discriminatory taxation; and (2) to accelerate the growth of electronic commerce by expanding market access opportunities for the development of telecommunications infrastructure, the procurement of telecommunications equipment, the provision of Internet access and telecommunications services, and the exchange of goods, services, and digitalized information.

Title III: Government Paperwork Elimination Act - Government Paperwork Elimination Act - Requires the Director of the Office of Management and Budget to acquire alternative information technologies that provide for: (1) electronic submission, maintenance, or disclosure of information as a substitute for paper; and (2) the use and acceptance of electronic signatures. Requires the Director to: (1) develop procedures for the use and acceptance of electronic signatures by executive agencies; (2) ensure that such agencies, within five years after enactment of this Act, provide for the option of the electronic submission, maintenance, or disclosure of information as a substitute for paper, as well as for the use of electronic signatures; (3) develop procedures to permit private employers to store and file electronically with executive agencies forms containing information pertaining to the employees of such employers; and (4) conduct an ongoing study (with required periodic reports) of the use of electronic signatures under this title on paperwork reduction and electronic commerce, individual privacy, and the security and authenticity of transactions.

(Sec. 307) Provides for the: (1) full legal effect and enforcement of electronic records and signatures developed under this title; and (2) protection of such records and related information from unauthorized disclosure.

Title IV: Children's Online Privacy Protection - Children's Online Privacy Protection Act of 1998 - Prohibits an operator of a website or online service directed to children, or any operator having actual knowledge that it is doing so, from collecting personal information from a child in a manner that violates regulations required under this title which are designed to protect such children from unlawful and deceptive practices in the collection of personal information. Provides an exception for information disclosed to a child's parent.

Directs the Federal Trade Commission (FTC) to prescribe regulations requiring such operators to follow specified procedures in connection with the collection and use of personal information from children, including: (1) obtaining verifiable parental consent for the collection, use, or disclosure of such information; and (2) requiring such operators to establish and maintain procedures to protect the confidentiality, security, and integrity of collected information. Provides exceptions to the parental consent requirement.

(Sec. 404) Allows an operator to satisfy such regulatory requirements by following a set of FTC-approved self-regulatory guidelines established by appropriate online representatives. Directs the FTC to provide incentives for such self-regulation.

(Sec. 405) Authorizes the States to enforce such regulations by bringing actions on behalf of its residents, requiring the appropriate attorney general to first notify the FTC of such action. Authorizes the FTC to intervene in any such action.

(Sec. 406) Provides for the enforcement of this title through the Federal Trade Commission Act.

(Sec. 407) Directs the FTC to review and report to the Congress on the implementation of this title.

Title V: Oregon Institute of Public Service and Constitutional Studies - Authorizes the Secretary of Education (Secretary) to award a grant to Portland State University in Portland, Oregon, for the establishment of an endowment fund to support the Oregon Institute of Public Service and Constitutional Studies at the Mark O. Hatfield School of Government at such University. Directs the University to establish such Institute to receive such grant. Sets forth Institute duties, including to generate resources, improve teaching, enhance curriculum development, and further the knowledge and understanding of students of all ages about public service, the U.S. Government, and the Constitution. Requires the Institute to operate under a Leadership Council.

(Sec. 506) Requires the endowment fund to be managed in accordance with standard endowment policies established by the Oregon University System.

(Sec. 507) Authorizes appropriations for FY 1999.

Title VI: Paul Simon Public Policy Institute - Authorizes the Secretary to award a grant to Southern Illinois University for the establishment of an endowment fund to support the Paul Simon Public Policy Institute. Directs the University to establish such Institute to receive such grant. Requires the Institute to engage in research, analysis, debate, and policy recommendations affecting world hunger, mass media, foreign policy, education, and employment. Provides: (1) a matching funds requirement; and (2) authorized endowment investments, withdrawals, and expenditures. Authorizes the Secretary to terminate a grant and recover grant funds if the University fails endowment requirements.

(Sec. 606) Authorizes appropriations for FY 1999.

Title VII: Howard Baker School of Government - Authorizes the Secretary to award a grant to the University of Tennessee in Knoxville, Tennessee, for the establishment of an endowment fund to support the Howard Baker School of Government at such University. Directs the University, to receive such grant, to establish the School, which shall further the study of democratic institutions and public affairs. Requires the School to operate under the advice and guidance of a Board of Advisors.

(Sec. 705) Requires the endowment fund to be managed in accordance with standard endowment policies established by the University of Tennessee System.

(Sec. 706) Authorizes appropriations for FY 2000.

Title VIII: John Glenn Institute for Public Service and Public Policy - Authorizes the Secretary to award a grant to Ohio State University in Columbus, Ohio, for the establishment of an endowment fund to support the John Glenn Institute for Public Service and Public Policy, which shall further the study of public service and public policy issues. Provides: (1) a matching funds requirement; and (2) authorized endowment investments, withdrawals, and expenditures. Limits awarded grants to 20-year periods. Authorizes the Secretary to terminate a grant and recover grant funds if the University fails endowment requirements.

(Sec. 806) Authorizes appropriations for FY 2000.

Jul 30, 199803

TABLE OF CONTENTS:

Title I: Moratorium on Certain Taxes

Title II: Other Provisions

Internet Tax Freedom Act - Title I: Moratorium on Certain Taxes - Prohibits a State or political subdivision thereof from imposing the following taxes on Internet transactions occurring during the period beginning on July 29, 1998, and ending two years after the date of enactment of this Act: (1) taxes on Internet access; (2) bit taxes; or (3) multiple or discriminatory taxes on electronic commerce. Provides an exception from such moratorium for Internet access offered as part of a package of other services, unless the service provider separately states the portion of the user's bill that applies to Internet access.

(Sec. 102) Establishes the Advisory Commission on Electronic Commerce to study and report to the Congress on Federal, State, local, and international taxation and tariff treatment of transactions using the Internet and Internet access and other comparable interstate or international sales activities.

Title II: Other Provisions - Expresses the sense of the Congress that no new Federal taxes similar to the taxes described above should be enacted with respect to the Internet and Internet access during the moratorium period.

(Sec. 202) Amends the Trade Act of 1974 to direct the U.S. Trade Representative to identify and analyze foreign acts, policies, or practices which constitute significant barriers to U.S. electronic commerce, as well as to estimate the value of additional U.S. electronic commerce that would have been exported into, or invested in, such country except for such acts, policies, or practices.

(Sec. 203) Expresses the sense of the Congress that the President should seek bilateral, regional, and multilateral agreements to remove barriers to global electronic commerce through specified international organizations and other appropriate venues. Includes as negotiating objectives under such agreements: (1) to assure that electronic commerce is free from tariff and nontariff barriers, burdensome and discriminatory regulation, and discriminatory taxation; and (2) to accelerate the growth of electronic commerce by expanding market access opportunities for the development of telecommunications infrastructure, the procurement of telecommunications equipment, the provision of Internet access and telecommunications services, and the exchange of goods, services, and digitalized information.

May 5, 199802

Internet Tax Freedom Act - Prohibits a State or political subdivision thereof, prior to January 1, 2004, from imposing, assessing, or attempting to collect any tax on: (1) communications or transactions using the Internet; or (2) online services or Internet access services (services). Provides that such prohibition shall not: (1) affect the authority of a State or political subdivision to impose a sales, use, or other transaction tax on Internet use or services if such tax is the same as the tax imposed on similar sales, use, or transactions not using the Internet or such services; (2) apply to taxes imposed on or measured by income derived from such services, communications, or transactions, or on value added, net worth, or capital stock; (3) apply to business license taxes, taxes paid by a provider or user of such services as a consumer of goods and services not otherwise excluded from taxation, property taxes, certain taxes imposed on common carriers or providers of telecommunications or cable services, or franchise fees imposed for the provision of cable services.

Directs the Secretaries of the Treasury, Commerce, and State to: (1) undertake an examination of U.S. and international taxation of Internet communications, transactions and services, as well as the telecommunications infrastructure used by the Internet and related services; (2) consider specific proposals made by various entities concerning appropriate taxation parameters; and (3) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of Internet communications, transactions, and services.

Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that commercial transactions using the Internet be free from tariff and taxation.

Mar 13, 199700

Internet Tax Freedom Act - Prohibits a State or political subdivision thereof from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes.

Directs the Secretaries of the Treasury, Commerce, and State to: (1) undertake an examination of U.S. and international taxation of the Internet and ICs, as well as commerce conducted thereon; and (2) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs. Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996.

Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation.