SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Obamacare Marriage Penalty
Elimination Act''.

SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN HEALTH INSURANCE PREMIUM TAX
              CREDIT.

    (a) In General.--Section 36B(d) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
            ``(4) Elimination of marriage penalty.--In the case of a
        joint return--
                    ``(A) Credit determined separately with respect to
                each spouse.--The credit allowed under this section
                shall be sum of the two credits determined under this
                section separately with respect to each spouse (as
                provided under this subparagraph).
                    ``(B) Treatment of income of spouses.--
                            ``(i) In general.--Except as provided in
                        clause (ii), each spouse shall take into
                        account the income of such spouse for purposes
                        of this section.
                            ``(ii) Income split not to result in
                        ineligibility for credit for either spouse.--
                        If--
                                    ``(I) the poverty line with respect
                                to a spouse (determined after
                                application of this paragraph but
                                without regard to this clause) exceeds
                                the income taken into account by such
                                spouse for purposes of this section (as
                                so determined), and
                                    ``(II) the income taken into
                                account by the other spouse for
                                purposes of this section (as so
                                determined) exceeds the sum of the
                                poverty line with respect to such other
                                spouse (as so determined) plus the
                                excess described in subclause (I),
                        the excess described in subclause (I) shall be
                        taken into account as income of the spouse
                        referred to in subclause (I) and not as income
                        of the spouse referred to in subclause (II).
                    ``(C) Treatment of dependents.--
                            ``(i) In general.--Except as provided in
                        clause (ii), dependents of the taxpayer shall
                        be allocated between the two spouses at the
                        election of the taxpayer. For purposes of
                        determining the family size involved and
                        household income with respect to each spouse,
                        only such spouse and the dependents allocated
                        to such spouse under this subparagraph shall be
                        taken into account
                            ``(ii) Limitation on taxpayer allocation.--
                        The number of dependents allocated to a spouse
                        under clause (i) cannot exceed the number of
                        dependents allocated to the other spouse by
                        more than 1 dependent.
                    ``(D) Treatment of premiums.--To the extent that
                the amount of any monthly premium is determined
                separately with respect to either spouse or any
                dependent of the taxpayer, such premium shall be taken
                into account by such spouse or the spouse to which such
                dependent is allocated under subparagraph (C). In the
                case of any monthly premium which is not so separately
                determined, such premium may be allocated between the
                two spouses at the election of the taxpayer.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.

SEC. 3. REDUCTION IN POVERTY LINE ELIGIBILITY LIMITATION FOR HEALTH
              INSURANCE PREMIUM TAX CREDIT.

    (a) Amendments to the Internal Revenue Code of 1986.--
            (1) In general.--Section 36B(c)(1)(A) of the Internal
        Revenue Code of 1986 is amended by striking ``400 percent'' and
        inserting ``the applicable percentage''.
            (2) Applicable percentage.--Section 36B(c)(1) of such Code
        is amended by redesignating subparagraphs (B), (C), and (D) as
        subparagraphs (C), (D), and (E), respectively, and by inserting
        after subparagraph (A) the following new subparagraph:
                    ``(B) Applicable percentage.--The term `applicable
                percentage' means such percentage as the Secretary,
                after consultation with the Secretary of Health and
                Human Services, determines will result in a combination
                of increased Federal revenues and reduced Federal
                outlays which is equal to the combination of reduced
                Federal revenues and increased Federal outlays as a
                result of the amendments made by section 2 of the
                Obamacare Marriage Penalty Elimination Act.''.
            (3) Conforming amendments.--
                    (A) Section 36B(b)(3)(A)(i) of such Code is amended
                by inserting ``and subsection (c)(1)(A)'' after
                ``Except as provided in clause (ii)''.
                    (B) Section 36B(f)(2)(B)(i) of such Code is amended
                by striking ``400 percent'' and inserting ``the
                applicable percentage (as defined in subsection
                (c)(1)(B))''.
            (4) Effective date.--The amendments made by this subsection
        shall apply to taxable years beginning after December 31, 2015.
    (b) Amendments to the Patient Protection and Affordable Care Act.--
            (1) In general.--Section 1402(b)(2) of the Patient
        Protection and Affordable Care Act is amended by striking ``400
        percent'' and inserting ``the applicable percentage (as defined
        in section 36B(c)(1)(B) of the Internal Revenue Code of
        1986)''.
            (2) Conforming amendments.--
                    (A) Section 1402(c)(1)(A) of such Act is amended by
                striking ``The reduction'' and inserting ``Except as
                provided in subsection (b)(2), the reduction''.
                    (B) Section 1402(c)(1)(B)(i) of such Act is amended
                by striking ``The Secretary'' and inserting ``Except as
                provided in subsection (b)(2), the Secretary''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to months beginning after December 31, 2015.

Summary: Obamacare Marriage Penalty Elimination Act This bill amends the Internal Revenue Code, with respect to the tax credit for health care insurance premium assistance, to: (1) calculate the amount of such credit in the case of a joint tax return as the sum of each credit amount allowed to each spouse, thusnbsp, preventing the tax effect known as the marriage penalty. And (2) replace the 400 poverty line eligibility limit for such credit with an applicable percentage based on a calculation of the combination of increased tax revenues and decreased outlays resulting from this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Volunteer Emergency Services
Recruitment and Retention Act of 2006''.

SEC. 2. ELECTIVE TREATMENT OF LENGTH OF SERVICE AWARD PROGRAMS AS
              ELIGIBLE DEFERRED COMPENSATION PLANS.

    (a) In General.--Section 457(e) of the Internal Revenue Code of
1986 (relating to other definitions and special rules) is amended by
adding at the end the following new paragraph:
            ``(19) Special rules applicable to length of service award
        plans.--
                    ``(A) In general.--The term `eligible deferred
                compensation plan' shall include, at the election of
                its sponsor, any length of service award plan. Any such
                election shall be irrevocable. In the case of a length
                of service award plan whose sponsor has elected to have
                such plan treated as an eligible deferred compensation
                plan, such plan shall be administered in a manner
                consistent with the requirements of this section and
                such sponsor shall be treated as an eligible employer
                described in paragraph (1)(A).
                    ``(B) Length of service award plan.--For purposes
                of this paragraph--
                            ``(i) In general.--The term `length of
                        service award plan' means any plan paying
                        solely length of service awards to bona fide
                        volunteers (or their beneficiaries) on account
                        of qualified services performed by such
                        volunteers.
                            ``(ii) Bona fide volunteer.--An individual
                        shall be treated as a bona fide volunteer if
                        the only compensation received by such
                        individual for performing qualified services is
                        in the form of--
                                    ``(I) reimbursement for (or a
                                reasonable allowance for) reasonable
                                expenses incurred in the performance of
                                such services, or
                                    ``(II) reasonable benefits
                                (including length of service awards),
                                and fees for such services, customarily
                                paid by eligible employers in
                                connection with the performance of such
                                services by volunteers.
                            ``(iii) Qualified services.--The term
                        `qualified services' means fire fighting and
                        prevention services, emergency medical
                        services, ambulance services, and emergency
                        rescue services.
                    ``(C) Maximum deferral amount.--In the case of a
                length of service award plan whose sponsor has elected
                to have such plan treated as an eligible deferred
                compensation plan, subsection (b)(2) shall be applied
                by striking `the lesser of--' and all that follows and
                inserting `the applicable dollar amount,'.
                    ``(D) Distribution requirements.--In the case of a
                length of service award plan whose sponsor has elected
                to have such plan treated as an eligible deferred
                compensation plan, subsection (d)(1)(A)(ii) shall be
                applied by deeming a severance from employment to have
                occurred at the later of--
                            ``(i) the payment date under the terms of
                        the plan, or
                            ``(ii) the date on which the plan
                        participant ceases to perform qualified
                        services.
                    ``(E) Limitation on accruals.--
                            ``(i) In general.--In the case of a length
                        of service award plan that is a defined benefit
                        plan (as defined in section 414(j)) whose
                        sponsor has not elected to have such plan
                        treated as an eligible deferred compensation
                        plan, such plan shall be treated as not
                        providing for the deferral of compensation if
                        the aggregate amount of length of service
                        awards accruing with respect to any year of
                        service for any bona fide volunteer does not
                        exceed $5,000. In the case of a length of
                        service award plan described in the preceding
                        sentence that is a defined benefit plan (as
                        defined in section 414(j)), the limitation on
                        the annual deferral shall apply to the
                        actuarial present value of the aggregate amount
                        of length of service awards accruing with
                        respect to any year of service. Such actuarial
                        present value shall be calculated using
                        reasonable actuarial assumptions and methods
                        assuming payment shall be made under the most
                        valuable form of payment of the length of
                        service award under the program with payment
                        commencing at the later of the earliest age at
                        which unreduced benefits are payable under the
                        program or the participant's current age.
                            ``(ii) Cost-of-living adjustment.--In the
                        case of taxable years beginning after December
                        31, 2007, the Secretary shall adjust the $5,000
                        amount under clause (i) at the same time and in
                        the same manner as under section 415(d), except
                        that the base period shall be the calendar
                        quarter beginning July 1, 2006, and any
                        increase under this paragraph that is not a
                        multiple of $500 shall be rounded to the next
                        lowest multiple of $500.''.
    (b) Conforming Amendments.--
            (1) Section 457(e)(11) of the Internal Revenue Code of 1986
        is amended to read as follows:
            ``(11) Certain plans excluded.--Any bona fide vacation
        leave, sick leave, compensatory time, severance pay, disability
        pay, or death benefit plan shall be treated as not providing
        for the deferral of compensation.''.
            (2) Section 3121(a)(5)(I) is amended by striking ``section
        457(e)(11)(A)(ii)'' and inserting ``section 457(e)(19)''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.

SEC. 3. EXEMPTION OF LENGTH OF SERVICE AWARD PROGRAMS FROM THE EMPLOYEE
              RETIREMENT INCOME SECURITY ACT OF 1974.

    The Secretary of Labor shall issue guidance clarifying that a
length of service award program described in section 457(e)(19) of the
Internal Revenue Code of 1986 is not an employee pension benefit plan
under section 3(2) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(2)).

Summary: Volunteer Emergency Services Recruitment and Retention Act of 2006 - Amends the Internal Revenue Code to allow sponsors of certain deferred compensation plans to elect to include length of service award plans for bona fide volunteers providing fire fighting and prevention services, emergency medical services, and emergency rescue services. Directs the Secretary of Labor to issue regulations exempting a length of service award program from treatment as an employee pension benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA).

To amend the Internal Revenue Code of 1986 to provide recruitment and retention incentives for volunteer emergency service workers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Security Officer Quality
Assurance Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) employment of private security officers in the United
        States is growing rapidly;
            (2) private security officers function as an adjunct to
        public law enforcement by helping to reduce and prevent crime;
            (3) the private security industry provides numerous
        opportunities for entry-level job applicants, including
        individuals suffering from unemployment due to economic
        conditions or dislocations;
            (4) such private security officers protect individuals,
        tangible and intangible property and proprietary information
        and provide protection to such diverse operations as banks,
        hospitals, chemical companies, oil and gas refineries,
        airports, communication facilities and operations, office
        complexes, schools, residential properties, apartment
        complexes, gated communities and many others;
            (5) sworn law enforcement officers provide significant
        services to the citizens of the United States in its public
        areas, and are only supplemented by private security officers
        who provide prevention and reporting services in support of,
        but not in place of, regular sworn police;
            (6) given the growth of large private shopping malls, and
        the consequent reduction in the number of public shopping
        streets, the American public is more likely to have contact
        with private security personnel in the course of a day than
        with sworn law enforcement officers;
            (7) the trend in the Nation toward growth in such security
        services has accelerated rapidly as the per capita number of
        public sector law enforcement officers has decreased;
            (8) such growth serves important public policy goals in
        making available more public sector law enforcement officers to
        combat serious and violent crimes;
            (9) regardless of the differences in their duties, skill,
        and responsibilities, the public has difficulty in discerning
        the difference between sworn law enforcement officers and
        private security personnel;
            (10) the American public demands the employment of
        qualified, well-trained private security personnel as an
        adjunct, but not a replacement for sworn law enforcement
        officers; and
            (11) private security officers and applicants for private
        security officer positions should be screened as thoroughly as
        possible, particularly since many private security officers
        bear weapons.

SEC. 3. BACKGROUND CHECKS.

    (a) In General.--(1) At the request of an employer of private
security officers, an association of employers of private security
officers, designated for the purpose of this section by the Attorney
General, must submit to the Attorney General fingerprints or other
methods of positive identification of an employee of such employer for
purposes of a background check.
    (2) An employer may seek authorization from its employees to submit
their fingerprints for purposes of a background check.
    (3) Upon receipt of fingerprints from an association designated
under this section, the Attorney General shall search the records of
the Interstate Information Index of the National Crime Information
Center and the Identification Division of the Federal Bureau of
Investigation, and shall provide any identification and criminal
history records corresponding to the fingerprints to the requesting
association within 30 business days.
    (4) The Attorney General shall, to the maximum extent possible,
encourage the use of the best technology available in compiling
criminal history information and in responding to requests under this
section.
    (5) An association designated under this section shall submit
employee fingerprints to the Attorney General for identification and
appropriate processing within one business day of receiving them. Such
an association shall also transfer a copy of the identification and
criminal history records that it receives from the Attorney General to
the requesting employer within one business day of receiving them.
    (6) An association designated under this section shall provide a
copy to the appropriate licensing authorities or regulatory agencies in
the States of the requests it makes on behalf of employers for
identification and criminal history records. The association shall also
provide a copy of the information it transfers to employers to such
States.
    (b) Regulations.--The Attorney General may prescribe such
regulations as may be necessary to carry out this section, including
measures relating to the security, confidentiality, accuracy, use, and
dissemination of information and audits and recordkeeping and the
imposition of fees necessary for the recovery of costs.
    (c) Report.--The Attorney General shall report to the Senate and
House Committees on the Judiciary 2 years after the date of enactment
of this bill on the number of inquiries made by the association of
employers under this section and their disposition.

SEC. 4. CONFORMING AMENDMENTS.

    Subsection (d) of section 534 of title 28, United States Code, is
amended by adding the following paragraph:
            ``(3) an association of employers of private security
        officers designated by the Attorney General for purposes of
        conducting background checks on employees or prospective
        employees.''.

SEC. 5. CRIMINAL PENALTY.

    Whoever knowingly and intentionally uses any information obtained
pursuant to section 3 other than for the purpose of determining the
suitability of an individual for employment as a private security
officer shall be fined not more than $50,000 or imprisoned for not more
than two years, or both.

SEC. 6. EMPLOYER LIABILITY.

    Where an employer of private security officers reasonably relies
for employment determinations upon criminal history information
provided by the Attorney General, such employer shall not be liable in
any action for damages based on such employment determinations.

SEC. 7. DEFINITIONS.

    As used in this Act--
            (1) the term ``Attorney General'' includes any person or
        entity designated by the Attorney General, including the
        Federal Bureau of Investigation;
            (2) the term ``employee'' includes an applicant for
        employment;
            (3) the term ``employer'' means any person that--
                    (A) provides, as an independent contractor, for
                consideration, the services of one or more private
                security officers (possibly including oneself); and
                    (B) is licensed by one or more States as a provider
                of private security services, or is certified as such
                by the chief law enforcement officer of one or more
                States;
            (4) the term ``fingerprint'' includes any other method of
        positive identification approved by the Attorney General;
            (5) the term ``private security officer''--
                    (A) means an individual who performs security
                services, full or part time, for consideration as an
                independent contractor or an employee, whether armed or
                unarmed and in uniform or plain clothes whose primary
                duty is to perform security services, but
                    (B) does not include--
                            (i) sworn police officers who have law
                        enforcement powers in the State,
                            (ii) attorneys, accountants, and other
                        professionals who are otherwise licensed in the
                        State,
                            (iii) employees whose duties are primarily
                        internal audit or credit functions,
                            (iv) persons whose duties may incidentally
                        include the reporting or apprehension of
                        shoplifters or trespassers,
                            (v) an individual on active duty in the
                        military service,
                            (vi) employees of electronic security
                        system companies acting as technicians or
                        monitors,
                            (vii) employees whose duties primarily
                        involve the secure movement of prisoners, or
                            (viii) employees of armored vehicle
                        companies;
            (6) the term ``security services'' means the performance of
        one or more of the following:
                    (A) the observation or reporting of intrusion,
                larceny, vandalism, fire or trespass;
                    (B) the deterrence of theft or misappropriation of
                any goods, money, or other item of value;
                    (C) the observation or reporting of any unlawful
                activity;
                    (D) the protection of individuals or property,
                including proprietary information, from harm or
                misappropriation;
                    (E) the control of access to premises being
                protected;
                    (F) the maintenance of order and safety at
                athletic, entertainment, or other public activities;
                and
                    (G) the provision of canine services for protecting
                premises or for the detection of any unlawful device or
                substance; and
            (7) the term ``State'' means any of the several States, the
        District of Columbia, the Commonwealth of Puerto Rico, the
        United States Virgin Islands, American Samoa, Guam, and the
        Commonwealth of the Northern Mariana Islands.

SEC. 8. USER FEES.

    Notwithstanding any other provision of law, the Attorney General
may collect a user fee for a request, under any applicable law, for an
individual's criminal history information.

SEC. 9. EFFECTIVE DATE.

    The effective date of this Act shall be July 1, 1999.

Summary: Private Security Officer Quality Assurance Act of 1997 - Directs the Attorney General (AG) to designate an association of employers of private security officers, which must submit to the AG, at the request of an employer of officers, fingerprints or other methods of positive identification for background checks of such officers. Allows an employer to seek authorization from its employees for a background check. Directs the AG, upon receipt of fingerprints from an association, to: (1) search records of the Interstate Information Index of the National Crime Information Center and the Identification Division of the Federal Bureau of Investigation. And (2) provide any corresponding identification and criminal history records to the requesting association. Authorizes the AG to prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Directs the AG to report to specified congressional committees two years after enactment of this Act on the number of inquiries made by the association of employers and their disposition. Establishes criminal penalties for misuse of such background check information. Provides that employers shall not be held liable in any action for damages based on employment determinations that rely on such criminal history information from the AG. Authorizes the AG to collect a user fee for a request, under any applicable law, for an individual's criminal history information.


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SECTION 1. RESTORATION OF WASHINGTON SQUARE.

    (a) Restoration.--The Secretary of the Interior (acting through the
Director of the National Park Service) is authorized to provide a grant
to the City of Philadelphia to undertake the restoration of the area
known as Washington Square, as depicted on the map numbered 391-80,016
and dated September 1994. Such grant may not be used to fund more than
66.6 percent of the costs of such restoration. The grant shall be
conditioned on the conduct of such restoration in accordance with such
standards as may be established by the Secretary in order to facilitate
the inclusion of the square in Independence National Historical Park
pursuant to section 2 of this Act. Such standards shall provide for the
use of the most cost-efficient design and materials that are both
consistent with the historical values of the square and suitable for
inclusion in Independence National Historical Park. The grant shall
also be conditioned upon the entrance by the city into a memorandum of
understanding with the Secretary with respect to the long-term lease
and administration of the square.
    (b) Offset of Funding.--Any Federal funds, other than those
authorized to be appropriated under this Act, that are appropriated for
the purpose of restoring Washington Square (as depicted on the map
referred to in subsection (a)) shall be used to offset any funds made
available to the National Park Service pursuant to this Act.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated for the purposes of this section not more than $2,600,000
for the fiscal year 1995.

SEC. 2. INCLUSION WITHIN INDEPENDENCE NATIONAL HISTORICAL PARK.

    Upon completion of the restoration, pursuant to section 1, of
Washington Square (as depicted on the map referred to in section 1),
the Secretary of the Interior is authorized to enter into a lease
agreement with the city of Philadelphia for the lease of such area to
the National Park Service for an amount not to exceed $1 per year, and
to acquire such area or an interest in the area by donation, and the
Secretary is authorized to modify the boundaries of Independence
National Historical Park to include such area within such boundaries,
and to provide for the administration of such area as part of such
Park.

SEC. 3. ROLE OF CITY OF PHILADELPHIA.

    In accordance with the terms set forth in the Memorandum of
Understanding signed by the Department of the Interior, the city of
Philadelphia, and the Fairmount Park Commission and dated November 25,
1991, and as a condition of receiving the grant referred to in section
1(a), the city of Philadelphia shall provide, without cost to the
Federal Government, services for Washington Square (as depicted on the
map referred to in section 1) with respect to electricity, natural gas,
water and sewer, curbside garbage collection of bagged trash or receipt
of hauled trash at a city collection point, and police services
comparable to those provided in the surrounding community.

Summary: Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to provide a grant to Philadelphia, Pennsylvania, to undertake the restoration of Washington Square in accordance with the standards established to facilitate its inclusion in Independence National Historical Park and upon the entrance by the city into a memorandum of understanding with the Secretary concerning the long-term lease and administration of the Square. Requires such standards to provide for the use of the most cost-efficient design and materials that are consistent with the historical values of the Square and suitable for inclusion in the Park. Prohibits such grant from being used to fund more than 66.6 percent of the costs of such restoration. Requires Federal funds, other than those authorized to be appropriated under this Act, that are appropriated for the purpose of restoring the Square, to be used to offset any funds made available to the National Park Service pursuant to this Act. Authorizes appropriations for FY 1995. Authorizes the Secretary to: (1) enter into an agreement with Philadelphia for the lease of the restored Square to the Service in an amount not to exceed one dollar per year. (2) acquire such Square or an interest in it by donation, (3) modify the Park's boundaries to include the Square. And (4) provide for the administration of the Square as part of the Park. Requires Philadelphia to provide, without cost to the Government, services for the Square with respect to electricity, natural gas, water and sewer, curbside garbage collection of bagged trash or receipt of hauled trash at a city collection point, and police services comparable to those provided in the surrounding community.

To provide for the restoration of Washington Square in Philadelphia and for its inclusion within Independence National Historical Park, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Tax Freedom Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) As a massive global network spanning not only State but
        international borders, the Internet is inherently a matter of
        interstate and foreign commerce within the jurisdiction of the
        United States Congress under Article I, Section 8 of the United
        States Constitution.
            (2) Even within the United States, the Internet does not
        respect State lines and operates independently of State
        boundaries. Addresses on the Internet are designed to be
        geographically indifferent. Internet transmissions are
        insensitive to physical distance and can have multiple
        geographical addresses.
            (3) Because transmissions over the Internet are made
        through packet-switching, it is impossible to determine with
        any degree of certainty the precise geographic route or
        endpoints of specific Internet transmissions, and infeasible to
        separate intrastate from interstate, and domestic from foreign,
        Internet transmissions.
            (4) Inconsistent and unadministrable taxes imposed on
        Internet activity by State and local governments threaten not
        only to subject consumers, businesses, and other users engaged
        in interstate and foreign commerce to multiple, confusing, and
        burdensome taxation, but also to restrict the growth and
        continued technological maturation of the Internet itself, and
        to call into question the continued viability of this dynamic
        medium.
            (5) Because the tax laws and regulations of so many
        jurisdictions were established before the Internet or
        interactive computer services, their application to this new
        medium in unintended and unpredictable ways threatens every
        Internet user, access provider, vendor, and interactive
        computer service provider.
            (6) The electronic marketplace of services, products, and
        ideas available through the Internet or interactive computer
        services can be especially beneficial to senior citizens, the
        physically challenged, citizens in rural areas, and small
        businesses. It also offers a variety of uses and benefits for
        educational institutions and charitable organizations.
            (7) Consumers, businesses, and others engaging in
        interstate and foreign commerce through the Internet or
        interactive computer services could become subject to more than
        30,000 separate taxing jurisdictions in the United States
        alone.
            (8) The consistent and coherent national policy regarding
        taxation of Internet activity that is needed to avoid burdening
        this evolving form of interstate and foreign commerce can best
        be achieved by the United States exercising its authority under
        Article I, Section 8, Clause 3 of the United States
        Constitution.

SEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET OR INTERACTIVE
              COMPUTER SERVICES.

    (a) Moratorium.--Except as otherwise provided in this section, no
State or local government (including any political subdivision) may
impose, assess, or attempt to collect any tax or fee directly or
indirectly on--
            (1) the Internet or interactive computer services; or
            (2) the use of the Internet or interactive computer
        services.
    (b) Preservation of State and Local Taxing Authority.--Subsection
(a)--
            (1) does not apply to taxes imposed on and measured by net
        income derived from the Internet or interactive computer
        services;
            (2) does not apply to fairly apportioned business license
        taxes applied to businesses that have a business location in
        the taxing jurisdiction, and
            (3) does not affect the authority of a State, or political
        subdivision thereof, to impose a sales or use tax on sales or
        other transactions effected by use of the Internet or
        interactive computer services if--
                    (A) the tax is the same as the tax imposed and
                collected by that State, or political subdivision
                thereof, on sales or interstate transactions effected
                by mail order, telephone, or other remote means within
                its taxing jurisdiction; and
                    (B) the obligation to collect the tax from sales or
                other transactions effected by use of the Internet or
                interactive computer services is imposed on the same
                person or entity as in the case of sales or
                transactions effected by mail order, telephone, or
                other remote means.

SEC. 4. ADMINISTRATION POLICY RECOMMENDATIONS TO CONGRESS.

    (a) Consultative Group.--The Secretaries of the Treasury, Commerce,
or State, in consultation with appropriate committees of the Congress,
consumer and business groups, States and political subdivisions
thereof, and other appropriate groups, shall--
            (1) undertake an examination of United States domestic and
        international taxation of the Internet and interactive computer
        services, as well as commerce conducted thereon; and
            (2) jointly submit appropriate policy recommendations
        concerning United States domestic and foreign policies toward
        taxation of the Internet and interactive computer services, if
        any, to the President within 18 months after the date of
        enactment of this Act.
    (b) President.--Not later than 2 years after the date of enactment
of this Act, the President shall transmit to the appropriate committees
of Congress policy recommendations on the taxation of sales and other
transactions effected on the Internet or through interactive computer
services.
     (c) Recommendations to Be Consistent With Telecommunications Act
of 1996 Policy Statement.--The Secretaries and the President shall take
care to ensure that any such policy recommendations are fully
consistent with the policy set forth in paragraphs (1) and (2) of
section 230(b) of the Communications Act of 1934 (47 U.S.C. 230(b)).

SEC. 5. BAN ON REGULATION OF INTERNET PRICES BY THE FEDERAL
              COMMUNICATIONS COMMISSION.

    (a) Prohibition on Commission Regulation of Computer Services.--
Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is
amended--
            (1) by redesignating subsections (d) and (e) as subsections
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new
        subsection:
    ``(d) Prohibition on Commission Regulation of Computer Services.--
The Commission shall have no authority or jurisdiction under this Act,
nor shall any State commission have any authority or jurisdiction, to
regulate the prices or charges paid by subscribers for interactive
computer services, or information services transmitted through the
Internet, except for the requirement in section 254(h) that such
services be provided at affordable rates to rural health care
providers, schools, and libraries.''.
    (b) Conforming Amendment.--Section 223(h)(2) of the Communications
Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking ``230(e)(2)''
and inserting ``230(f)(2)''.

SEC. 6. DECLARATION THAT THE INTERNET BE FREE OF FOREIGN TARIFFS, TRADE
              BARRIERS, AND OTHER RESTRICTIONS.

    It is the sense of the Congress that the President should seek
bilateral and multilateral agreements through the World Trade
Organization, the Organization for Economic Cooperation and
Development, the Asia Pacific Economic Cooperation Council, or other
appropriate international fora to establish activity on the Internet
and interactive computer services is free from tariff and taxation.

SEC. 7. DEFINITIONS.

    For purposes of this Act--
            (1) Internet; interactive computer service.--The terms
        ``Internet'' and ``interactive computer service'' have the
        meaning given such terms by paragraphs (1) and (2),
        respectively, of section 230(e) of the Communications Act of
        1934 (47 U.S.C. 230(e)).
            (2) Tax.--The term ``tax'' includes any tax, license, or
        fee that is imposed by any governmental entity and the
        imposition on the seller of an obligation to collect and remit
        a tax imposed on the buyer.

Summary: Internet Tax Freedom Act - Prohibits a State or local government 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, or State to: (1) undertake an examination of US 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. Amends the Communications Act of 1934 to state that the Federal Communications Commission or any equivalent State commission shall have no regulatory authority or jurisdiction with respect to charges paid by subscribers for ICs or information services transmitted through the Internet, except for the requirement that such services be provided at affordable rates to rural health care providers, schools, and libraries. 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.

Internet Tax Freedom Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``400 Years of African-American
History Commission Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commemoration.--The term ``commemoration'' means the
        commemoration of the 400th anniversary of the arrival of
        Africans in the English colonies, at Point Comfort, Virginia,
        in 1619.
            (2) Commission.--The term ``Commission'' means the 400
        Years of African-American History Commission established by
        section 3(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 3. ESTABLISHMENT.

    (a) In General.--There is established a commission, to be known as
the ``400 Years of African-American History Commission''.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 15
        members, of whom--
                    (A) 3 members shall be appointed by the Secretary,
                after considering the recommendations of Governors of
                States, including the Governor of Virginia;
                    (B) 6 members shall be appointed by the Secretary,
                after considering the recommendations of civil rights
                organizations and historical organizations;
                    (C) 1 member shall be an employee of the National
                Park Service having experience relating to the
                historical and cultural resources related to the
                commemoration, to be appointed by the Secretary;
                    (D) 2 members shall be appointed by the Secretary,
                after considering the recommendations of the Secretary
                of the Smithsonian Institution; and
                    (E) 3 members shall be individuals who have an
                interest in, support for, and expertise appropriate to
                the commemoration, to be appointed by the Secretary,
                after considering the recommendations of Members of
                Congress.
            (2) Time of appointment.--Each appointment of an initial
        member of the Commission shall be made before the expiration of
        the 120-day period beginning on the date of enactment of this
        Act.
            (3) Term; vacancies.--
                    (A) Term.--A member of the Commission shall be
                appointed for the life of the Commission.
                    (B) Vacancies.--
                            (i) In general.--A vacancy on the
                        Commission shall be filled in the same manner
                        in which the original appointment was made.
                            (ii) Partial term.--A member appointed to
                        fill a vacancy on the Commission shall serve
                        for the remainder of the term for which the
                        predecessor of the member was appointed.
                    (C) Continuation of membership.--If a member of the
                Commission was appointed to the Commission as an
                employee of the National Park Service, and ceases to be
                an employee of the National Park Service, that member
                may continue to serve on the Commission for not longer
                than the 30-day period beginning on the date on which
                that member ceases to be an employee of the National
                Park Service.
    (c) Duties.--The Commission shall--
            (1) plan, develop, and carry out programs and activities
        throughout the United States--
                    (A) appropriate for the commemoration;
                    (B) to recognize and highlight the resilience and
                contributions of African-Americans since 1619;
                    (C) to acknowledge the impact that slavery and laws
                that enforced racial discrimination had on the United
                States; and
                    (D) to educate the public about--
                            (i) the arrival of Africans in the United
                        States; and
                            (ii) the contributions of African-Americans
                        to the United States;
            (2) encourage civic, patriotic, historical, educational,
        artistic, religious, economic, and other organizations
        throughout the United States to organize and participate in
        anniversary activities to expand understanding and appreciation
        of--
                    (A) the significance of the arrival of Africans in
                the United States; and
                    (B) the contributions of African-Americans to the
                United States;
            (3) provide technical assistance to States, localities, and
        nonprofit organizations to further the commemoration;
            (4) coordinate and facilitate for the public scholarly
        research on, publication about, and interpretation of--
                    (A) the arrival of Africans in the United States;
                and
                    (B) the contributions of African-Americans to the
                United States;
            (5) ensure that the commemoration provides a lasting legacy
        and long-term public benefit by assisting in the development of
        appropriate programs; and
            (6) help ensure that the observances of the commemoration
        are inclusive and appropriately recognize the experiences and
        heritage of all individuals present at the arrival of Africans
        in the United States.

SEC. 4. COMMISSION MEETINGS.

    (a) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
    (b) Meetings.--The Commission shall meet--
            (1) at least 3 times each year; or
            (2) at the call of the Chairperson or the majority of the
        members of the Commission.
    (c) Quorum.--A majority of the voting members shall constitute a
quorum, but a lesser number may hold meetings.
    (d) Chairperson and Vice Chairperson.--
            (1) Election.--The Commission shall elect the Chairperson
        and the Vice Chairperson of the Commission on an annual basis.
            (2) Absence of the chairperson.--The Vice Chairperson shall
        serve as the Chairperson in the absence of the Chairperson.
    (e) Voting.--The Commission shall act only on an affirmative vote
of a majority of the members of the Commission.

SEC. 5. COMMISSION POWERS.

    (a) Gifts.--The Commission may solicit, accept, use, and dispose of
gifts, bequests, or devises of money or other property for aiding or
facilitating the work of the Commission.
    (b) Appointment of Advisory Committees.--The Commission may appoint
such advisory committees as the Commission determines to be necessary
to carry out this Act.
    (c) Authorization of Action.--The Commission may authorize any
member or employee of the Commission to take any action that the
Commission is authorized to take under this Act.
    (d) Procurement.--
            (1) In general.--The Commission may procure supplies,
        services, and property, and make or enter into contracts,
        leases, or other legal agreements, to carry out this Act
        (except that a contract, lease, or other legal agreement made
        or entered into by the Commission shall not extend beyond the
        date of termination of the Commission).
            (2) Limitation.--The Commission may not purchase real
        property.
    (e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
    (f) Grants and Technical Assistance.--The Commission may--
            (1) provide grants in amounts not to exceed $20,000 per
        grant to communities and nonprofit organizations for use in
        developing programs to assist in the commemoration;
            (2) provide grants to research and scholarly organizations
        to research, publish, or distribute information relating to the
        arrival of Africans in the United States; and
            (3) provide technical assistance to States, localities, and
        nonprofit organizations to further the commemoration.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) In general.--Except as provided in paragraph (2), a
        member of the Commission shall serve without compensation.
            (2) Federal employees.--A member of the Commission who is
        an officer or employee of the Federal Government shall serve
        without compensation other than the compensation received for
        the services of the member as an officer or employee of the
        Federal Government.
    (b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
    (c) Director and Staff.--
            (1) In general.--The Chairperson of the Commission may,
        without regard to the civil service laws (including
        regulations), nominate an executive director to enable the
        Commission to perform the duties of the Commission.
            (2) Confirmation of executive director.--The employment of
        an executive director shall be subject to confirmation by the
        Commission.
    (d) Compensation.--
            (1) In general.--Except as provided in paragraph (2), the
        Commission may fix the compensation of the executive director
        and other personnel without regard to the provisions of chapter
        51 and subchapter III of chapter 53 of title 5, United States
        Code, relating to classification of positions and General
        Schedule pay rates.
            (2) Maximum rate of pay.--The rate of pay for the executive
        director and other personnel shall not exceed the rate payable
        for level V of the Executive Schedule under section 5316 of
        title 5, United States Code.
    (e) Detail of Government Employees.--
            (1) Federal employees.--
                    (A) Detail.--At the request of the Commission, the
                head of any Federal agency may detail, on a
                reimbursable or nonreimbursable basis, any of the
                personnel of the agency to the Commission to assist the
                Commission in carrying out the duties of the Commission
                under this Act.
                    (B) Civil service status.--The detail of an
                employee under subparagraph (A) shall be without
                interruption or loss of civil service status or
                privilege.
            (2) State employees.--The Commission may--
                    (A) accept the services of personnel detailed from
                the State; and
                    (B) reimburse the State for services of detailed
                personnel.
    (f) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
    (g) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
such voluntary and uncompensated services as the Commission determines
to be necessary.
    (h) Support Services.--
            (1) In general.--The Secretary shall provide to the
        Commission, on a reimbursable basis, such administrative
        support services as the Commission may request.
            (2) Reimbursement.--Any reimbursement under this paragraph
        shall be credited to the appropriation, fund, or account used
        for paying the amounts reimbursed.
    (i) No Effect on Authority.--Nothing in this section supersedes the
authority of the National Park Service with respect to the
commemoration.

SEC. 7. PLANS; REPORTS.

    (a) Strategic Plan.--The Commission shall prepare a strategic plan
for the activities of the Commission carried out under this Act.
    (b) Final Report.--Not later than July 1, 2020, the Commission
shall complete and submit to Congress a final report that contains--
            (1) a summary of the activities of the Commission;
            (2) a final accounting of funds received and expended by
        the Commission; and
            (3) the findings and recommendations of the Commission.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the
Commission such sums as are necessary to carry out this Act.
    (b) Availability.--Amounts made available under subsection (a)
shall remain available until July 1, 2020.

SEC. 9. TERMINATION OF COMMISSION.

    (a) Date of Termination.--The Commission shall terminate on July 1,
2020.
    (b) Transfer of Documents and Materials.--Before the date of
termination specified in subsection (a), the Commission shall transfer
all documents and materials of the Commission to the National Archives
or another appropriate Federal entity.

Summary: Years of African-American History Commission Act This bill establishes the 400 Years of African-American History Commission to develop and carry out activities throughout the United States to commemorate the 400th anniversary of the arrival of Africans in the English colonies at Point Comfort, Virginia, in 1619. The commission must: plan programs to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States. Encourage civic, patriotic, historical, educational, artistic, religious, and economic organizations to organize and participate in anniversary activities, assist states, localities, and nonprofit organizations to further the commemoration. And coordinate for the public scholarly research on the arrival of Africans in the United States and their contributions to this country. The commission may provide: (1) grants to communities and nonprofit organizations for the development of programs. (2) grants to research and scholarly organizations to research, publish, or distribute information relating to the arrival of Africans in the United States. And (3) technical assistance to states, localities, and nonprofit organizations to further the commemoration. The commission must prepare a strategic plan and submit a final report to Congress that contains a summary of its activities, an accounting of its received and expended funds, and its recommendations. The commission shall terminate on July 1, 2020.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grand Jury Reform Act of 1998''.

SEC. 2. GRAND JURIES.

    (a) In General.--Rule 6 of the Federal Rules of Criminal Procedure
is amended--
            (1) in subdivision (a), by adding at the end the following:
            ``(3) Instruction on rights, responsibilities, and
        duties.--Upon impaneling a grand jury, the court shall instruct
        and charge the grand jury on the rights, responsibilities, and
        duties of the grand jury under this rule, including--
                    ``(A) the duty to inquire into criminal offenses
                that are alleged to have been committed within the
                jurisdiction;
                    ``(B) the right to call and interrogate witnesses;
                    ``(C) the right to request production of a book,
                paper, document, or other object, including exculpatory
                evidence;
                    ``(D) the necessity of finding credible evidence of
                each material element of the crime charged before
                returning a true bill;
                    ``(E) the right to request that the attorney for
                the government draft indictments for charges other than
                those originally requested by that attorney;
                    ``(F) the obligation of secrecy under subdivision
                (e)(2); and
                    ``(G) such other rights, responsibilities, and
                duties as the court determines to be appropriate.'';
            (2) in subdivision (d), by inserting ``and counsel for that
        witness (as provided in subdivision (i))'' after ``under
        examination'';
            (3) in subdivision (e)(2), by adding at the end the
        following: ``The court shall have the authority to investigate
        any violation of this paragraph, including the authority to
        appoint counsel to investigate and report to the court
        regarding any such violation.''; and
            (4) by adding at the end the following:
    ``(h) Notice to Witnesses.--Upon service of any subpoena requiring
any witness to testify or produce information at any proceeding before
a grand jury impaneled before a district court, the witness shall be
given adequate and reasonable notice of--
            ``(1) his or her right to counsel, as provided in
        subdivision (i);
            ``(2) his or her privilege against self-incrimination;
            ``(3) the subject matter of the grand jury investigation;
            ``(4) whether his or her own conduct is under investigation
        by the grand jury;
            ``(5) the criminal statute, the violation of which is under
        consideration by the grand jury, if such statute is known at
        the time of issuance of the subpoena;
            ``(6) his or her rights regarding immunity; and
            ``(7) any other rights and privileges which the court deems
        necessary or appropriate.
    ``(i) Counsel for Grand Jury Witnesses.--
            ``(1) In general.--
                    ``(A) Right of assistance.--Each witness subpoenaed
                to appear and testify before a grand jury in a district
                court, or to produce books, papers, documents, or other
                objects before that grand jury, shall be allowed the
                assistance of counsel during such time as the witness
                is questioned in the grand jury room.
                    ``(B) Retention or appointment.--Counsel for a
                witness described in subparagraph (A)--
                            ``(i) may be retained by the witness; or
                            ``(ii) in the case of a witness who is
                        determined by the court to be financially
                        unable to obtain counsel, shall be appointed as
                        provided in section 3006A of title 18, United
                        States Code.
            ``(2) Powers and duties of counsel.--A counsel retained by
        or appointed for a witness under paragraph (1)--
                    ``(A) shall be allowed to be present in the grand
                jury room only during the questioning of the witness
                and only to advise the witness; and
                    ``(B) shall not be permitted to address any grand
                juror, or otherwise participate in the proceedings
                before the grand jury.
            ``(3) Powers of the court.--
                    ``(A) In general.--If the court determines that
                counsel retained by or appointed for a witness under
                this subdivision has violated paragraph (2), or that
                such action is necessary to ensure that the activities
                of the grand jury are not unduly delayed or impeded,
                the court may remove the counsel and either appoint new
                counsel or order the witness to obtain new counsel.
                    ``(B) No effect on other sanctions.--Nothing in
                this paragraph shall be construed to affect the
                contempt powers of the court or the power of the court
                to impose other appropriate sanctions.
    ``(j) Exculpatory Evidence.--An attorney for the government shall
disclose to the grand jury any substantial evidence of which that
attorney has knowledge that directly negates the guilt of the accused.
Failure to disclose such evidence may be the basis for a motion to
dismiss the indictment, if the court determines that the evidence might
reasonably be expected to lead the grand jury not to indict.
    ``(k) Availability of Grand Jury Transcripts and Other
Statements.--
            ``(1) In general.--Subject to paragraph (2), not later than
        10 days before trial (unless the court shall for good cause
        determine otherwise), and after the return of an indictment or
        the filing of any information, a defendant shall, upon request,
        and as the court determines to be reasonable, be entitled to
        examine and duplicate a transcript or electronic recording of--
                    ``(A) the grand jury testimony of all witnesses to
                be called at trial;
                    ``(B) all statements relating to the defendant's
                case made to the grand jury by the court, the attorney
                for the government, or a special attorney;
                    ``(C) all grand jury testimony or evidence which in
                any manner could be considered exculpatory; and
                    ``(D) all other grand jury testimony or evidence
                that is determined by the court to be material to the
                defense.
            ``(2) Exception.--The court may refuse to allow a defendant
        to examine and duplicate a transcript or electronic recording
        of any testimony, statement, or evidence described in paragraph
        (1), if the court determines that such examination or
        duplication would endanger any witness.''.
    (b) Conforming Amendments.--Section 3500(e) of title 18, United
States Code, is amended--
            (1) in paragraph (1), by adding ``or'' at the end;
            (2) in paragraph (2), by striking ``, or'' and inserting a
        period; and
            (3) by striking paragraph (3).

Summary: Grand Jury Reform Act of 1998 - Amends rule 6 of the Federal Rules of Criminal Procedure to direct the court, upon impaneling a grand jury, to instruct and charge it on the rights, responsibilities, and duties of the grand jury. Grants the court the authority to investigate violations under such rule, including the authority to appoint counsel to investigate and report to the court regarding violations. Directs that a witness subpoenaed to testify or produce information at any proceeding before a grand jury impaneled before a district court be given reasonable notice of: (1) the right to counsel, (2) privilege against self-incrimination, (3) the subject matter of the investigation, (4) whether the juror's conduct is under investigation. (5) the criminal statute the violation of which is under consideration. And (6) rights regarding immunity. Allows the assistance of counsel for each witness subpoenaed to appear and testify, or to produce documents or other objects, before a grand jury in a district court during such time as the witness is questioned in the grand jury room. Provides for the appointment of counsel in the case of a witness who is determined by the court to be financially unable to obtain counsel. Sets forth provisions regarding powers and duties of counsel, powers of the court, required disclosure of exculpatory evidence, and availability of grand jury transcripts and other statements.

Grand Jury Reform Act of 1998


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Banking Equal Treatment Act of
2000''.

SEC. 2. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.

    (a) In General.--Section 19(b) of the Federal Reserve Act (12
U.S.C. 461(b)) is amended by adding at the end the following new
paragraph:
            ``(12) Earnings on reserves.--
                    ``(A) In general.--Balances maintained at a Federal
                reserve bank by or on behalf of a qualified depository
                institution may receive earnings to be paid by the
                Federal reserve bank at least once each calendar
                quarter at a rate or rates not to exceed the general
                level of short-term interest rates.
                    ``(B) Regulations relating to payments and
                distribution.--The Board may prescribe regulations
                concerning--
                            ``(i) the payment of earnings in accordance
                        with this paragraph;
                            ``(ii) the distribution of such earnings to
                        the depository institutions which maintain
                        balances at such banks or on whose behalf such
                        balances are maintained; and
                            ``(iii) the responsibilities of depository
                        institutions, Federal home loan banks, and the
                        National Credit Union Administration Central
                        Liquidity Facility with respect to the
                        crediting and distribution of earnings
                        attributable to balances maintained, in
                        accordance with subsection (c)(1)(B), in a
                        Federal reserve bank by any such entity on
                        behalf of depository institutions.
                    ``(C) Qualified depository institution defined.--
                The term `qualified depository institution' means--
                            ``(i) any depository institution that--
                                    ``(I) is an insured depository
                                institution (as defined in section 3(c)
                                of the Federal Deposit Insurance Act)
                                or an insured credit union (as defined
                                in section 101(7) of the Federal Credit
                                Union Act); and
                                    ``(II) meets the requirements for
                                affordable transaction accounts in
                                section 4 of the Banking Equal
                                Treatment Act of 2000; and
                            ``(ii) any depository institution that is
                        neither an insured depository institution (as
                        so defined) or an insured credit union (as so
                        defined).''.
    (b) Authorization for Pass Through Reserves for Member Banks.--
Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B))
is amended by striking ``which is not a member bank''.
    (c) Technical and Conforming Amendments.--Section 19 of the Federal
Reserve Act (12 U.S.C. 461) is amended--
            (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking
        subparagraph (C) and redesignating subparagraphs (D) and (E) as
        subparagraphs (C) and (D), respectively; and
            (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by
        striking ``subsection (b)(4)(C)'' and inserting ``subsection
        (b)''.

SEC. 3. TRANSFER OF FEDERAL RESERVE SURPLUSES.

    Section 7(b) of the Federal Reserve Act (12 U.S.C. 290) is amended
by adding at the end the following new paragraph:
            ``(4) Additional transfers for fiscal years 2001 through
        2005.--
                    ``(A) In general.--In addition to the amounts
                required to be transferred from the surplus funds of
                the Federal reserve banks pursuant to paragraph (1),
                the Federal reserve banks shall transfer from such
                surplus funds to the Board of Governors of the Federal
                Reserve System for transfer to the Secretary of the
                Treasury for deposit in the general fund of the
                Treasury, such sums as are necessary to equal the net
                cost of section 19(b)(12), as estimated by the Office
                of Management and Budget in each of the fiscal years
                2001 through 2005.
                    ``(B) Allocation by federal reserve board.--Of the
                total amount required to be paid by the Federal reserve
                banks under subparagraph (A) for fiscal years 2001
                through 2005, the Board of Governors of the Federal
                Reserve System shall determine the amount each such
                bank shall pay in such fiscal year.
                    ``(C) Replenishment of surplus fund prohibited.--No
                Federal reserve bank may replenish such bank's surplus
                fund by the amount of any transfer by such bank under
                subparagraph (A) during the fiscal year for which such
                transfer is made.''.

SEC. 4. AFFORDABLE BANKING SERVICES.

    (a) In General.--Except as otherwise provided in this section, each
insured depository institution shall make available to consumers a
consumer transaction account, to be known as an ``affordable
transaction account'', with the following features to be prescribed
jointly by the Federal banking agencies, by regulation:
            (1) Initial deposit.--The maximum amount which an insured
        depository institution may require as an initial deposit, if
        any.
            (2) Minimum balance.--The maximum amount an insured
        depository institution may require as a minimum balance, if
        any, to maintain such account.
            (3) Minimum number of free withdrawals.--A minimum of 8
        withdrawal transactions, including withdrawals by negotiable or
        transferable instruments for the purpose of making payments to
        third parties and electronic fund transfers, during any
        periodic cycle at no additional charge to the account holder.
            (4) Maximum monthly service charge.--The maximum amount an
        insured depository institution may charge per periodic cycle
        for the use of such account.
    (b) Fees for Withdrawal Transactions in Excess of Minimum Number of
Free Withdrawals.--
            (1) In general.--Subject to paragraph (2), in the case of
        any affordable transaction account--
                    (A) an insured depository institution may impose a
                reasonable per-transaction charge for any withdrawal
                transaction described in subsection (a)(3) other than a
                transaction required under such subsection to be
                provided free; or
                    (B) the depository institution may impose the fees
                and charges normally applied to other consumer
                transaction accounts available at that depository
                institution.
            (2) Limitations.--
                    (A) Periodic cycle fee adjustment.--The amount of
                any charge per periodic cycle imposed by an insured
                depository institution on any affordable transaction
                account pursuant to paragraph(1)(B) shall be reduced by
                the charge imposed under subsection (a)(4).
                    (B) Maximum amount.--At no time shall the total
                amount of fees and charges imposed by an insured
                depository institution on any affordable transaction
                account exceed the total amount of fees and charges
                that is normally applied to other consumer transaction
                accounts available at the depository institution.
    (c) Conditions for Opening any Affordable Transaction Account.--An
insured depository institution may require as a condition for opening
or maintaining any affordable transaction account that--
            (1) the holder of the account be a resident of the State in
        which the account is opened or maintained; and
            (2) the deposits to the account of recurring payments such
        as Social Security, wage, or pension payments be made by direct
        deposit if that form of deposit is available to both the
        consumer and the depository institution.
    (d) Other Terms and Conditions.--
            (1) In general.--Except as provided in this section and any
        regulations prescribed under this section, any affordable
        transaction account may be offered by an insured depository
        institution subject to the same rules, conditions, and terms
        normally applicable to other consumer transaction accounts
        offered by the depository institution.
            (2) Prohibition on discrimination against affordable
        transaction account holders in providing other services.--The
        amount of any fee or charge imposed on a holder of any
        affordable transaction account by an insured depository
        institution for specific services provided to such account
        holder which are not directly related to the maintenance of
        such account may not exceed the fee or charge imposed by the
        depository institution for providing the same services in
        connection with other consumer transaction accounts offered by
        the depository institution.
    (e) Affordable Transaction Accounts Not Required for Individuals
Who Maintain Other Transaction Accounts.--An insured depository
institution shall not be required to permit any person to open or
maintain an affordable transaction account pursuant to this section if
such person maintains another consumer transaction account either at
that depository institution or any other insured depository
institution.
    (f) Alternative Arrangements.--In lieu of the affordable
transaction account required by this section, an insured depository
institution may make available an alternative form of account or other
banking services if the appropriate Federal banking agency determines
that such alternative form of account or services are at least as
advantageous to consumers as the affordable transaction account.
    (g) Disclosure Requirements.--.
            (1) Posted notices.--If an insured depository institution
        posts in the public area of any office of the institution a
        notice of the availability of other consumer transaction
        accounts, the depository institution shall also post equally
        conspicuous notice in such public area and in the same manner
the availability of its affordable transaction accounts.
            (2) Printed material.--If an insured depository institution
        makes available in the public area of any office of the
        institution printed material describing the terms of its other
        consumer transaction accounts, the depository institution shall
        also make comparable descriptive printed material concerning
        the affordable transaction accounts available in the same such
        area and in the same manner.
    (h) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Consumer transaction account.--For purposes of this
        section, the term ``consumer transaction account'' means a
        demand deposit account, negotiable order of withdrawal account,
        share draft account, or any similar transaction account used
        primarily for personal, family or household purposes.
            (2) Depository institution.--The term ``depository
        institution'' has the same meaning as in section 19(b)(1)(A) of
        the Federal Reserve Act.
            (3) Federal banking agency.--The term ``Federal banking
        agency''--
                    (A) has the same meaning as in section 3(z) of the
                Federal Deposit Insurance Act; and
                    (B) includes the National Credit Union
                Administration Board.
            (4) Insured depository institution.--The term ``insured
        depository institution''--
                    (A) has the same meaning as in section 3(c)(2) of
                the Federal Deposit Insurance Act; and
                    (B) includes an insured credit union (as defined in
                section 101(7) of the Federal Credit Union Act.
    (i) Compliance With More Stringent State Law.--If a depository
institution operates in a State the laws of which, including
regulations, require a depository institution operating in such State
to meet requirements for affordable transaction accounts which are more
advantageous to the consumer than the requirements of this section or
the regulations prescribed under this section, such depository
institution may not be treated as a qualified depository institution
for purposes of section 19(b)(12) of the Federal Reserve Act, unless
such depository institution meets the requirements of this section and
the requirements of such State law.
    (j) Rule of Construction.--No provision of this section, title LXII
of the Revised Statutes of the United States, the Home Owners' Loan
Act, the Bank Enterprise Act of 1991, or any other Federal law may be
construed as preempting, or providing any basis for the Comptroller of
the Currency or the Director of the Office of Thrift Supervision to
conclude that Federal law in any way preempts, the law of any State
which requires depository institution operating in that State to
provide affordable transaction accounts, including the Omnibus Consumer
Protection and Banking Deregulation Act of 1994 of the State of New
York and the New Jersey Consumer Checking Account Act (as in effect on
the the date of the enactment of this Act).

Summary: Requires the Federal reserve banks to transfer specified surplus funds to the Board for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury for FY 2001 through 2005. Prohibits replenishment of the surplus fund during the fiscal year for which such transfer is made. Mandates that each insured depository institution make available to consumers a consumer transaction account to be known as an affordable transaction account. Sets forth operational parameters to be prescribed by the Board.

Banking Equal Treatment Act of 2000


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continuity of Congress Act of
2003''.

SEC. 2. FILLING OF VACANCIES AND INCAPACITIES IN CONGRESS FOLLOWING A
              CATASTROPHIC INCIDENT.

    (a) House of Representatives.--
            (1) In general.--In the event that one-fourth of the
        members of the House of Representatives are killed or
        incapacitated, the legislature of each State may enact such
        laws declaring who shall serve in the place of such members as
        the State determines necessary.
            (2) Options.--Any law enacted under paragraph (1) by the
        legislature of a State may provide for--
                    (A) special elections in cases of vacancy;
                    (B) appointment by the governor or legislature of
                the State, which in cases of vacancy shall be
                accompanied by a subsequent special election;
                    (C) appointment pursuant to a list of successors
                created by the incumbent member of the House of
                Representatives, which in cases of vacancy shall be
                accompanied by a subsequent special election; or
                    (D) such other procedures as the legislature of the
                State determines appropriate, which in cases of vacancy
                shall be accompanied by a subsequent special election.
            (3) Incapacity.--A member that has been incapacitated may
        reclaim his or her office at any time after such member
        determines that he or she is no longer incapacitated.
            (4) Vacancy.--In the case of vacancy under paragraph (1),
        the executive authority of the relevant State shall issue writs
        of election, which shall be held not later than 120 days after
        any such vacancy occurs. A general election occurring within
        such 120 day period shall be deemed to satisfy the requirements
        of this section.
            (5) Determination.--One-fourth of the members of the House
        of Representatives shall be considered to have been killed or
        incapacitated if--
                    (A) the Speaker of the House (or that person's
                designee) makes a joint declaration with the leader of
                the minority party in the House (or that person's
                designee) that one-fourth of such members have been
                killed or incapacitated; or
                    (B) if--
                            (i) the governors of the several States
                        individually certify that one or more of the
                        members representing their respective States
                        have been killed or incapacitated; and
                            (ii) the President certifies, based upon
                        the certifications made under clause (i), that,
                        in the aggregate, one-fourth of the members of
                        the House of Representatives have been killed
                        or incapacitated.
    (b) Senate.--
            (1) In general.--In the event that one-fourth of the
        members of the Senate are killed or incapacitated, the
        legislature of each State may enact such laws declaring who
        shall serve in the place of incapacitated members as the State
        determines necessary.
            (2) Options.--Any law enacted under paragraph (1) by the
        legislature of a State may provide for--
                    (A) appointment by the governor or legislature of
                the State;
                    (B) appointment pursuant to a list of successors
                created by the incumbent member of the Senate; or
                    (C) such other procedures as the legislature of the
                State determines appropriate.
            (3) Incapacity.--A member that has been incapacitated may
        reclaim his or her office at any time after such member
        determines that he or she is no longer incapacitated.
            (4) Determination.--One-fourth of the members of the Senate
        shall be considered to have been killed or incapacitated if--
                    (A) the Majority Leader of the Senate (or that
                person's designee) makes a joint declaration with the
                Minority Leader of the Senate (or that person's
                designee) that one-fourth of such members have been
                killed or incapacitated; or
                    (B) if--
                            (i) the governors of the several States
                        individually certify that one or more of the
                        members representing their respective States
                        have been killed or incapacitated; and
                            (ii) the President certifies, based upon
                        the certifications made under clause (i), that,
                        in the aggregate, one-fourth of the members of
                        the Senate have been killed or incapacitated.

SEC. 3. LIMITATION.

    Nothing in this Act shall limit the authority of any State under
the Constitution of the United States to fill a vacancy in the House of
Representatives or the Senate.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect upon the date of ratification of the
related amendment to the Constitution of the United States authorizing
this Act.

Summary: Continuity of Congress Act of 2003 - Authorizes the legislature of each State to enact laws declaring who shall serve in the place of members of the House of Representatives andor the Senate in the event that one-fourth of either or both Houses of Congress are killed or incapacitated.

A bill to authorize the States to implement such mechanisms as are necessary to endure the continuity of Congress in the event that one-fourth of the members of either the House of Representatives or the Senate are killed or incapacitated.