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Union Calendar No. 339
105th CONGRESS
2d Session
H. R. 3849
[Report No. 105-570, Parts I and II]
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to establish a national policy
against Federal and State regulation of Internet access and online
services, and to exercise congressional jurisdiction over interstate
and foreign commerce by establishing a moratorium on the imposition of
exactions that would interfere with the free flow of commerce conducted
over the Internet, and for other purposes.
_______________________________________________________________________
June 25, 1998
The Committees on Ways and Means and Rules discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
Union Calendar No. 339
105th CONGRESS
2d Session
H. R. 3849
[Report No. 105-570, Parts I and II]
To amend the Communications Act of 1934 to establish a national policy
against Federal and State regulation of Internet access and online
services, and to exercise congressional jurisdiction over interstate
and foreign commerce by establishing a moratorium on the imposition of
exactions that would interfere with the free flow of commerce conducted
over the Internet, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 1998
Mr. Cox of California (for himself and Mr. White) introduced the
following bill; which was referred to the Committee on Commerce, and in
addition to the Committees on Ways and Means, the Judiciary, and Rules,
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
June 5, 1998
Reported from the Committee on Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
June 5, 1998
Referral to the Committees on Ways and Means, the Judiciary, and Rules
extended for a period ending not later than June 19, 1998
June 19, 1998
Reported from the Committee on the Judiciary with amendments
[Omit the part in black brackets and insert the part printed in
boldface roman]
June 19, 1998
Referral to the Committee on Ways and Means and Rules extended for a
period ending not later than June 26, 1998
June 25, 1998
Additional sponsors: Mr. Ehlers, Mr. Solomon, and Mr. Fossella
June 25, 1998
The Committees on Ways and Means and Rules discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to establish a national policy
against Federal and State regulation of Internet access and online
services, and to exercise congressional jurisdiction over interstate
and foreign commerce by establishing a moratorium on the imposition of
exactions that would interfere with the free flow of commerce conducted
over the Internet, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Internet Tax Freedom
Act''.</DELETED>
<DELETED>SEC. 2. PROVISION OF INTERNET ACCESS AND ONLINE
SERVICES.</DELETED>
<DELETED> Title II of the Communications Act of 1934 is amended by
inserting after section 230 (47 U.S.C. 230) the following new
section:</DELETED>
<DELETED>``SEC. 231. PROHIBITION ON REGULATION OF INTERNET ACCESS AND
ONLINE SERVICES.</DELETED>
<DELETED> ``(a) The Commission shall have no authority or
jurisdiction under this title or section 4(i) of the Communications Act
of 1934, as amended (47 U.S.C. 154(i)), nor shall any State commission
have any authority or jurisdiction, to regulate the prices or charges
paid by subscribers for Internet access or online services.</DELETED>
<DELETED> ``(b) Preservation of Authority.--Nothing in this
subsection shall limit or otherwise affect--</DELETED>
<DELETED> ``(1) the Commission's or State Commission's
implementation of the Telecommunications Act of 1996 (Public
Law 104-104) or the amendments made by such Act; and</DELETED>
<DELETED> ``(2) the Commission's or State Commission's
authority to regulate common carriers that offer Internet
access or online services in conjunction with the provision of
any telephone toll, telephone exchange, or exchange access
services as such terms are defined in title I.</DELETED>
<DELETED> ``(c) Definitions.--As used in this section:</DELETED>
<DELETED> ``(1) Internet.--The term `Internet' means the
combination of computer facilities and electromagnetic
transmission media, and related equipment and software,
comprising the interconnected world-wide network of computer
networks that employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocol, to transmit
information.</DELETED>
<DELETED> ``(2) Internet access.--The term `Internet access'
means a service that enables users to access content,
information, and other services offered over the
Internet.</DELETED>
<DELETED> ``(3) Online service.--The term `online service'
means the offering or provision of content or information
services to a user as part of a package of services that are
combined with Internet access.''.</DELETED>
<DELETED>SEC. 3. FEDERAL REGULATORY FEES.</DELETED>
<DELETED> (a) No Regulatory Fees.--Title II of the Communications
Act of 1934 is amended by inserting in section 9(h) (47 U.S.C. 159(h))
after ``47 C.F.R. Part 97'' ``; or (3) providers of Internet access or
online service''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 9(h) of the
Communications Act of 1934 (47 U.S.C. 159(h)) is amended by striking
``or'' that appears before ``(2)''.</DELETED>
<DELETED> (c) Determination.--Not later than 1 year after the date
of the enactment of this Act, the National Telecommunications and
Information Administration shall determine whether any direct or
indirect Federal regulatory fees, other than the fees identified in
subsection (a), are imposed on providers of Internet access or online
services, and if so, make recommendations to the Congress regarding
whether such fees should be modified or eliminated.</DELETED>
<DELETED>SEC. 4. REPORT ON FOREIGN COMMERCE.</DELETED>
<DELETED> (a) Contents of Report.--In order to promote electronic
commerce, the Secretary of Commerce, in consultation with appropriate
committees of the Congress, shall undertake an examination of--
</DELETED>
<DELETED> (1) barriers imposed in foreign markets on United
States providers of property, goods, services, or information
engaged in electronic commerce and on United States providers
of telecommunications services;</DELETED>
<DELETED> (2) how the imposition of such barriers will
affect United States consumers, the competitiveness of United
States citizens providing property, goods, service, or
information in foreign markets, and the growth and maturing of
the Internet; and</DELETED>
<DELETED> (3) what measures the Government should pursue to
foster, promote, and develop electronic commerce in the United
States and in foreign markets.</DELETED>
<DELETED> (b) Public Comment.--For purposes of this section, the
Secretary of Commerce shall give all interested persons an opportunity
to comment on the matters identified in subsection (a) through written
or oral presentations of data, views, or arguments.</DELETED>
<DELETED> (c) Transmittal to the President.--Not later than 18
months after the date of the enactment of this Act, the Secretary of
Commerce shall transmit to the President a report containing the
results of the examination undertaken in accordance with subsection
(a).</DELETED>
<DELETED> (d) Recommendations of the President.--Not later than 2
years and 45 days after the date of the enactment of this Act, the
President shall review the report described in subsection (c) and
submit to the appropriate committees of Congress such policy
recommendations as the President deems necessary or
expedient.</DELETED>
<DELETED>[SEC. 5. MORATORIUM ON CERTAIN TAXES.</DELETED>
<DELETED> [(a) Moratorium.--For a period of 3 years following the
date of the enactment of this Act, neither any State, nor any political
subdivision thereof, shall impose, assess, collect, or attempt to
collect--</DELETED>
<DELETED> [(1) taxes on Internet access or online
services;</DELETED>
<DELETED> [(2) bit taxes; or</DELETED>
<DELETED> [(3) multiple or discriminatory taxes on
electronic commerce.</DELETED>
<DELETED> [(b) Exception to Moratorium.--(1) The moratorium in
subsection (a)(1) shall not apply to taxes on Internet access or online
services generally imposed and actually enforced under State law before
March 1, 1998.</DELETED>
<DELETED> [(2) Subsection (b)(1) shall be enforceable only if a
State enacts a law to expressly impose such tax within one year from
the date of enactment. Failure of a State to act does not affect
liabilities for taxes accrued and enforced prior to March 1, 1998 nor
does it affect ongoing litigation relating to such
assessments.</DELETED>
<DELETED> [(c) Application of Moratorium.--Subsection (a) shall not
apply with respect to the provision of Internet access or online
services that are offered for sale as part of a package of services
that includes services other than Internet access or online services,
unless the service provider separately states that portion of the
billing that applies to such services on the user's bill.</DELETED>
<DELETED>[SEC. 6. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.</DELETED>
<DELETED> [(a) Establishment of Commission.--There is established a
temporary commission to be known as the Advisory Commission on
Electronic Commerce (in this Act referred to as the ``Commission'').
The Commission shall--</DELETED>
<DELETED> [(1) be composed of 29 members, which includes 2
chairpersons selected in accordance with subsection (b);
and</DELETED>
<DELETED> [(2) conduct its business in accordance with the
provisions of this Act.</DELETED>
<DELETED> [(b) Membership.--</DELETED>
<DELETED> [(1) In general.--The Commissioners shall serve
for the life of the Commission. The membership of the
Commission shall be as follows:</DELETED>
<DELETED> [(A) Two representatives from the Federal
Government comprised of the Secretary Of Commerce and
the Secretary of the Treasury, or their respective
representatives.</DELETED>
<DELETED> [(B) Fourteen representatives from State,
local, and county governments comprised of 2
representatives each from the National governors'
Association, the National Conference of State
Legislatures, the Council of State Governments, the
National Association of Counties, the National League
of Cities, and the United States Conferences of Mayors;
and 1 representative each from the International City/
County Managers Association and the American
Legislative Exchange Council.</DELETED>
<DELETED> [(C) Thirteen representatives of taxpayers
and business, of which 3 shall be appointed by the
President and 2 each shall be appointed by the Senate
majority leader, the Senate minority leader, the
Speaker of the House, the House majority leader, and
the house minority leader.</DELETED>
<DELETED> [(2) Chairperson.--The Commission shall have 2
chairpersons to serve as co-chairpersons. One of the
Chairpersons shall be a representative selected by the National
Governors Association from 1 of the groups identified in
subsection (b)(1)(B). The other Chairperson shall be a
representative selected jointly by the Speaker of the house of
Representatives and the majority leader of the Senate from 1 of
the groups identified in subsection (b)(1)(C).</DELETED>
<DELETED> [(3) Appointments.--Appointments to the Commission
shall be made not later than 45 days after the date of
enactment of this Act. The Chairpersons shall be appointed not
later than 60 days after the date of the enactment of this
Act.</DELETED>
<DELETED> [(c) Acceptance of Gifts and Grants.--The Commission may
accept, use, and dispose of gifts or grants of services or property,
both real and personal, for purposes of aiding or facilitating the work
of the Commission. Gifts or grants not used at the expiration of the
Commission shall be returned to the donor or grantor.</DELETED>
<DELETED> [(d) Other Resources.--The Commission shall have
reasonable access to materials, resources, data, and other information
from the Department of Commerce and the Department of the Treasury. The
Commission shall also have reasonable access to use the facilities of
the Department of the Commerce and Department of the Treasury for
purposes of conducting meetings.</DELETED>
<DELETED> [(e) Sunset.--The existence of the Commission shall
terminate--</DELETED>
<DELETED> [(1) when the last of the committees of
jurisdiction referred to in section 8 concludes consideration
of the legislation proposed under section 7; or</DELETED>
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