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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Digital Trade Act of 2013''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

(a) Findings.--Congress makes the following findings:
(1) The Internet has become an unprecedented medium for
competition, trade, free expression, and access to information.
(2) The Internet is a driver of the global economy and must
remain open, stable, and secure.
(3) Trade in Internet-enabled services and transfers of
data and other digital information have become increasingly
critical drivers of the economic growth of the United States.
The United States International Trade Commission found in a
July 2013 report, entitled ''Digital Trade in the U.S. and
Global Economies, Part 1'', that ''U.S. exports of digitally
enabled services (one measure of international digital trade)
grew from $282.1 billion in 2007 to $356.1 billion in 2011,
with exports exceeding imports every year''.
(4) The United States is the global leader in Internet-
enabled platforms, networks, and services. Certain liability
protections for those entities under the law of the United
States, which promote innovation and creativity and allow for
cooperative efforts to address harmful activity, have been
critical to the growth of the Internet economy in the United
States.
(5) According to McKinsey & Company, more than /4\ of the
value added by the Internet is in traditional industries.
(6) Internet-enabled commerce and digital trade benefits
small- and medium-size enterprises by providing unparalleled
access to global markets.
(7) Proposals have been put forward by some trading
partners of the United States to restrict the flow of lawful
information across borders. Those proposals would cause
increased government control over the Internet and could create
a fragmented Internet.
(8) Localization barriers to trade are frequently used to
protect, favor, or stimulate domestic industries at the expense
of industries in other countries. Those localization
requirements harm the competitiveness of and end-users in the
United States.
(9) Restrictive policies regarding the flow of information
across borders are nontariff barriers that are harmful to
innovation and economic advancement. Those policies impede
trade in digital products and services and constrain the
ability of United States companies from many sectors to
effectively operate across borders.
(10) Cross-border data flows are critical to manufacturers,
institutions of higher education, hospitals, retailers,
financial services firms, laboratories, and many other
organizations that use the Internet to improve their
productivity and manage global networks of customers,
suppliers, researchers, and employees.
(11) The free flow of information across borders provides
choices and reduces costs to consumers worldwide.
(12) The position of the United States Government has been
and is to advocate for the free flow of information across
borders.
(b) Sense of Congress.--It is the sense of Congress that--
(1) agencies in the executive branch, including the Office
of the United States Trade Representative, should be staffed
with experts and leaders to fulfill the mission of promoting an
open, global Internet that facilitates commerce and digital
trade; and
(2) private sector stakeholders should have the opportunity
to formally inform efforts of agencies in the executive branch
related to digital trade.

SEC. 3. NEGOTIATING PRINCIPLES FOR INTERNET-ENABLED COMMERCE AND
DIGITAL TRADE.

It shall be a negotiating principle of the United States in
negotiations for a bilateral, plurilateral, or multilateral agreement,
and in multi-stakeholder fora, to seek the inclusion of binding and
enforceable provisions that promote and enhance Internet-enabled
commerce and digital trade, including provisions--
(1) preventing or eliminating barriers to the movement of
electronic information across borders, including by encouraging
interoperability of data protection regimes and eliminating
barriers to accessing, processing, transferring, or storing
information;
(2) ensuring transparency in measures affecting the free
flow of information within and across borders;
(3) continuing the current practice of not imposing customs
duties on electronic transmissions;
(4) prohibiting measures that condition market access or
other commercial benefits on localization of data,
infrastructure, or investment;
(5) prohibiting any country from imposing measures that
require an entity to use computing infrastructure or services
in that country or otherwise require an entity to access,
process, transfer, or store data in the territory of that
country;
(6) ensuring that the Internet continues to operate within
the successful multi-stakeholder governance model;
(7) ensuring that provisions affecting intermediary
liability for Internet-enabled platforms, networks, and
services are consistent with the law of the United States;
(8) ensuring digital trade policies contemplate various
business activities across all industrial sectors and allow for
future technological advancement; and
(9) otherwise eliminating discriminatory treatment of
Internet-enabled commerce and digital trade.
Digital Trade Act of 2013 - Expresses the sense of Congress that: (1) executive branch agencies, including the Office of the United States Trade Representative, should be staffed with experts and leaders to promote an open, global Internet that facilitates commerce and digital trade; and (2) private sector stakeholders should have the opportunity to inform executive agency efforts related to digital trade. States that it shall be a U.S. negotiating principle in negotiations for a bilateral, plurilateral, or multilateral agreement, and in multi-stakeholder fora, to seek the inclusion of binding provisions that promote and enhance Internet-enabled commerce and digital trade.

SEC. 1. SHORT TITLE.

This Act may be cited as the ''Postal Service Enhancement Act''.

TITLE I--RATEMAKING FLEXIBILITIES

SEC. 101. COMPETITIVE AND NONCOMPETITIVE PRODUCTS DEFINED.

Section 102 of title 39, United States Code, is amended by striking
''and'' at the end of paragraph (3), by striking the period at the end
of paragraph (4) and inserting a semicolon, and by adding at the end
the following:
''(5) 'competitive product' refers to any postal product
which the Postal Rate Commission has determined, based on
appropriate economic factors prescribed by the Commission,
competes for business in a competitive market; and
''(6) 'noncompetitive product' refers to any postal product
that is not a competitive product.''.

SEC. 102. RATES AND FEES FOR NONCOMPETITIVE PRODUCTS.

(a) Current Ratemaking Procedures Cease To Apply With Respect to
Competitive Products.--Section 3622(a) of title 39, United States Code,
is amended by adding at the end the following: ''This section shall
apply only in the case of noncompetitive products.''.
(b) Prohibition on Subsidizing Competitive Products.--Section
3622(b) of title 39, United States Code, is amended by striking ''and''
at the end of paragraph (8), by redesignating paragraph (9) as
paragraph (10), and by inserting after paragraph (8) the following:
''(9) the requirement that no rate or fee for a
noncompetitive product shall subsidize any rate or fee for a
competitive product; and''.

SEC. 103. AUTHORITY TO INCREASE RATES FOR NONCOMPETITIVE PRODUCTS
INCREMENTALLY.

Section 3624 of title 39, United States Code, is amended by adding
at the end the following:
''(e) If a request made by the Postal Service under section 3622
proposes that one or more rates of postage or fees for postal services
be changed incrementally, the recommended decision of the Commission
may include provisions responsive to that proposal.''.

SEC. 104. NEGOTIATED SERVICE AGREEMENTS.

Title 39, United States Code, is amended by inserting after section
3642 the following:
''Sec. 3643. Negotiated service agreements
''(a) The Postal Service may enter into negotiated service
agreements with mail users under this section and in accordance with
the policies of this title.
''(b) A negotiated service agreement may not be entered into unless
each of the following conditions is met:
''(1) The agreement can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
''(2) The Postal Service remains willing and able to enter
into similar negotiated service agreements with other similarly
situated mail users (determined without regard to size).
''(3) Rates and fees payable during the term of the
negotiated service agreement are reasonably calculated to yield
to the Postal Service total revenues (after taking into account
any costs avoided, and any additional costs incurred, by the
Postal Service pursuant to the agreement) at least equal to the
revenues that would be generated over that same period of time
by application of the rate or rates chargeable under the
classification or classifications of mail service most similar
to the services performed under the agreement.
''(c) A negotiated service agreement that involves one or more
noncompetitive products shall not become effective unless the Postal
Rate Commission first certifies, in accordance with such expedited
procedures as the Commission shall by regulation establish, that the
agreement meets the requirements of this section. Certifications under
this subsection may, notwithstanding section 3628, be appealed to any
court of appeals of the United States.
''(d) For purposes of this section, the term 'negotiated service
agreement' means an agreement between a mail user and the Postal
Service requiring performance by the mail user, the Postal Service, or
both, of any combination of activities that, with respect to one or
more classes of mail, differs significantly from those that would
otherwise apply.''.

SEC. 105. COMPETITIVE PRODUCTS.

Subchapter II of chapter 36 of title 39, United States Code, is
amended by adding at the end the following:
''Sec. 3630. Competitive products
''(a) The Postal Service may offer competitive products under this
section and in accordance with the policies of this title.
''(b) A competitive product may not be offered unless each of the
following conditions is met:
''(1) The product can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
''(2) The rates or fees for the product--
''(A) comply with the factors specified in section
3622(b); and
''(B) are not subsidized by any rates or fees for
noncompetitive products.
''(c)(1) Interested parties who believe the Postal Service is
offering a competitive product which does not conform to the policies
set out in this title may lodge a complaint with the Postal Rate
Commission in such form and in such manner as it may prescribe. The
Commission may, in its discretion, hold hearings on such complaint and
may issue an order providing for such interim relief as the Commission
considers appropriate. The Commission shall issue an order deciding the
complaint as expeditiously as possible.
''(2) The Postal Service shall comply with orders of the Commission
under this subsection. Such orders may, notwithstanding section 3628,
be appealed to any court of appeals of the United States.
''(3) Section 3662 shall not apply to complaints relating to
competitive products.''.

SEC. 106. TECHNICAL AND CONFORMING AMENDMENTS.

(a) The heading for section 3622 of title 39, United States Code,
is amended to read as follows:
''Sec. 3622. Rates and fees for noncompetitive products''.
(b) The table of sections for chapter 36 of title 39, United States
Code, is amended--
(1) by striking the item relating to section 3622 and
inserting the following:

''3622. Rates and fees for noncompetitive products.'';
(2) by adding after the item relating to section 3629 the
following:

''3630. Competitive products.''; and
(3) by inserting after the item relating to section 3642
the following:

''3643. Negotiated service agreements.''.

SEC. 107. SAVINGS PROVISIONS.

(a) Postal Products; Rates and Fees.--Until otherwise provided in
accordance with title 39, United States Code (as amended by this title
or as deemed to have remained in effect under subsection (b), as the
case may be)--
(1) all postal products offered immediately before this Act
takes effect shall continue being offered; and
(2) all rates and fees in effect under such title
immediately before this Act takes effect shall remain in
effect.
(b) Proceedings Pending.--This title shall not affect any
proceedings pending immediately before the date of enactment of this
Act, and any such proceedings shall continue under applicable
provisions of title 39, United States Code, as last in effect before
such date of enactment, until completed or terminated in accordance
therewith.

TITLE II--NATIONAL COMMISSION ON POSTAL EFFICIENCY AND ENHANCEMENT

SEC. 201. ESTABLISHMENT.

There is established a commission to be known as the ''National
Commission on Postal Efficiency and Enhancement'' (hereinafter in this
title referred to as the ''Commission'').

SEC. 202. FUNCTIONS OF THE COMMISSION.

The Commission shall review the present practices and
organizational structure of the United States Postal Service, with a
view toward identifying--
(1) areas of inefficiency or waste; and
(2) methods for improving operations involved in the
collection, processing, or delivery of mail.

SEC. 203. MEMBERSHIP.

(a) Number and Appointment.--The Commission shall be composed of 8
members appointed by the President, except that of those members--
(1) 2 shall be appointed from among individuals recommended
by the majority leader of the Senate; and
(2) 2 shall be appointed from among individuals recommended
by the Speaker of the House of Representatives.
(b) Qualifications.--An individual appointed to serve on the
Commission shall have expertise in mail delivery, organizational
efficiency, labor relations, or other relevant subject areas.
(c) Initial Appointments.--It is the sense of the Congress that the
members of the Commission should be appointed within 90 days after the
date of enactment of this Act.
(d) Chairman.--The Chairman of the Commission shall be designated
by the President.
(e) Pay.--Members shall be paid at a rate to be established by the
President, not to exceed the rate payable for level I of the Executive
Schedule under section 5312 of title 5, United States Code.

SEC. 204. ADMINISTRATION.

(a) In General.--The Chairman of the Commission shall exercise the
executive and administrative functions of the Commission, and may
appoint such staff as may be necessary for the operation of the
Commission.
(b) Information From Agencies.--The Commission may secure from any
department, agency, independent establishment, or other instrumentality
of the United States, any information necessary to enable it to carry
out its functions under this title. Upon receiving a request under the
preceding sentence, the head of the instrumentality involved shall, to
the extent authorized by law, furnish such information directly to the
Commission.

SEC. 205. REPORTING REQUIREMENTS.

The Commission shall transmit to the President and the Congress,
within 2 years after the date of enactment of this Act, a report
containing a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for any legislation or
administrative actions which the Commission considers appropriate.

SEC. 206. TERMINATION.

The Commission shall terminate as of the date on which the work of
the Commission has been completed.

TITLE III--ENHANCED AUTHORITIES FOR THE POSTAL RATE COMMISSION

SEC. 301. ENHANCED AUTHORITIES.

Section 3604 of title 39, United States Code, is amended by adding
at the end the following:
''(f)(1) Any Commissioner of the Postal Rate Commission, any
administrative law judge appointed by the Commission under section 3105
of title 5, and any employee of the Commission designated by the
Commission, may administer oaths, examine witnesses, take depositions,
and receive evidence.
''(2) The Chairman of the Commission, any Commissioner designated
by the Chairman, and any administrative law judge appointed by the
Commission under section 3105 of title 5 may, with respect to any
proceeding conducted by the Commission under this title--
''(A) issue subpoenas requiring the attendance and
presentation of testimony, or the production of documentary or
other evidence in the possession, of any covered individual;
and
''(B) order the taking of depositions or responses to
written interrogatories by a covered individual.
''(3) In the case of contumacy or failure to obey a subpoena or
order issued under this subsection, upon application by the Commission,
the district court of the United States for the district in which the
person to whom the subpoena or order is addressed resides or is served
may issue an order requiring such person to appear at any designated
place to testify or produce documentary or other evidence. Any failure
to obey the order of the court may be punished by the court as a
contempt thereof.
''(4) For purposes of this subsection, the term 'covered
individual' means an officer or employee or agent of the Postal Service
or of a contractor of the Postal Service.
''(g)(1) If the Postal Service determines that any testimony,
document, or other matter provided pursuant to a subpoena or order
issued under subsection (f), or otherwise provided by the Postal
Service to the Postal Rate Commission in connection with any proceeding
or other purpose under this title, contains information which is
described in section 410(c) of this title, or exempt from public
disclosure under section 552(b) of title 5, the Postal Service shall,
at the time such matter is provided to the Commission, notify the
Commission, in writing, of its determination (and the reasons
therefor).
''(2) The Commission shall establish procedures for ensuring, where
appropriate, the confidentiality of any information as to which it has
been notified under paragraph (1).''.
(Sec. 104) Outlines conditions under which the Postal Service (Service) may enter into negotiated service agreements with mail users, including that: (1) the agreement will result in net benefits to the nationwide postal system; and (2) rates and fees payable under the agreement are calculated to yield revenues to the Service that are at least equal to revenues generated by rates chargeable for other mail services. Allows any such agreement that involves one or more noncompetitive products to be effective only after the Postal Rate Commission (Commission) first certifies that such agreement meets requirements applicable to all mail service agreements.
(Sec. 105) Outlines conditions under which the Service may offer competitive products. Provides conditions under which a party who believes that the Service is offering a competitive product which does not conform to such conditions may lodge a complaint with the Commission.
Title II: National Commission on Postal Efficiency and Enhancement
- Establishes the National Commission on Postal Efficiency and Enhancement to review and report on the present practices and organizational structure of the Service, with a view toward identifying waste or inefficiency and improving the collection, processing, and delivery of mail.
Title III: Enhanced Authorities for the Postal Rate Commission
- Authorizes any Commission commissioner, any administrative law judge appointed by the Commission, and any Commission employee to administer oaths, examine witnesses, take depositions, and receive evidence. Authorizes the Commission Chairman, any designated commissioner, or any Commission-appointed administrative law judge to issue subpoenas and order the taking of depositions or responses to written interrogatories.

SECTION 1. SIMPLIFIED TAX.

(a) In General.--Subtitle A of the Internal Revenue Code of 1986 is
amended to read as follows:

''Subtitle A--Income Taxes

''Chapter 1. Computation of taxable income.
''Chapter 2. Determination of tax liability.
''Chapter 3. Exempt organizations.
''Chapter 4. Withholding.
''CHAPTER 1--COMPUTATION OF TAXABLE INCOME

''Sec. 101. Nonbusiness taxable income defined.
''Sec. 102. Business receipts defined.
''Sec. 103. Cost of business inputs defined.
''Sec. 104. Cost of capital equipment, structures, and land defined.
''Sec. 105. Business taxable income defined.

''SEC. 101. NONBUSINESS TAXABLE INCOME DEFINED.

''(a) In General.--For purposes of this title, the term
'nonbusiness taxable income' means--
''(1) all compensation, and
''(2) any income other than compensation from whatever
source derived.
''(b) Compensation.--Compensation means all cash amounts paid by an
employer or received by an employee, including wages, salaries,
pensions, bonuses, prizes, and awards.
''(c) Certain Items Included.--Compensation includes--
''(1) the cash equivalent of any financial instrument
conveyed to an employee, measured as market value at the time
of conveyance; and
''(2) workman's compensation and other payments for
injuries or other compensation for damages.
''(d) Certain Items Excluded.--
''(1) Compensation.--Compensation excludes--
''(A) reimbursements to a taxpayer by an employer
for business expenses paid by the taxpayer in
connection with performance of services as an employee;
''(B) goods and services provided to employees by
employers, including but not limited to medical
benefits, insurance, meals, housing, recreational
facilities, and other fringe benefits; and
''(C) wages, salaries, and other payments for
services performed outside the United States.
''(2) Other income.--No gain from the sale or exchange of
the principal residence of a taxpayer shall be included in
income described in subsection (a)(2).

''SEC. 102. BUSINESS RECEIPTS DEFINED.

''Business receipts are the receipts of a business from the sale or
exchange of products or services produced in or passing through the
United States. Business receipts include--
''(1) gross revenue, excluding sales and excise taxes, from
the sale or exchange of goods and services;
''(2) fees, commissions, and similar receipts, if not
reported as compensation;
''(3) gross rents;
''(4) royalties;
''(5) gross receipts from the sale of plant, equipment, and
land;
''(6) the market value of goods, services, plant,
equipment, or land provided to its owners or employees;
''(7) the market value of goods, services, and equipment
delivered from the United States to points outside the United
States, if not included in sales; and
''(8) the market value of goods and services provided to
depositors, insurance policyholders, and others with a
financial claim upon the business, if not included in sales.

''SEC. 103. COST OF BUSINESS INPUTS DEFINED.

''(a) In General.--The cost of business inputs is the cost of
purchases of goods, services, and materials required for business
purposes.
''(b) Certain Items Included.--The cost of business inputs
includes--
''(1) the actual amount paid for goods, services, and
materials, whether or not resold during the year;
''(2) the market value of business inputs brought into the
United States; and
''(3) the actual cost, if reasonable, of travel and
entertainment expenses for business purposes.
''(c) Certain Items Excluded.--The cost of business inputs excludes
purchases of goods and services provided to employees or owners, unless
these are included in business receipts.

''SEC. 104. COST OF CAPITAL EQUIPMENT, STRUCTURES, AND LAND DEFINED.

''The cost of capital equipment, structures, and land includes any
purchases of these items for business purposes. In the case of
equipment brought into the United States, the cost is the market value
at time of entry into the United States.

''SEC. 105. BUSINESS TAXABLE INCOME DEFINED.

''Business taxable income is business receipts less the cost of
business inputs, less compensation paid to employees, and less the cost
of capital equipment, structures, and land.

''CHAPTER 2--DETERMINATION OF TAX LIABILITY

''Sec. 201. Personal allowance.
''Sec. 202. Nonbusiness tax.
''Sec. 203. Business tax.

''SEC. 201. PERSONAL ALLOWANCE.

''(a) In General.--The personal allowance of a taxpayer for any
taxable year is an amount equal to the sum of the allowance amounts for
the taxpayer, the spouse of the taxpayer if filing jointly, and each
dependent of the taxpayer.
''(b) Allowance Amount.--The allowance amount for any individual is
$4,000. Each year the allowance amount for taxable years beginning in
such year shall be the amount in effect for the preceding year,
increased by the proportional increase during the preceding year in the
Consumer Price Index.
''(c) Special Rules.--For purposes of this chapter--
''(1) a taxpayer is considered married if he was married at
the end of the year or if the taxpayer's spouse died during the
year,
''(2) a taxpayer is a head of a household if the taxpayer
is not married at the end of the year, and maintains as the
taxpayer's home a household which is the principal home of a
dependent of the taxpayer, and
''(3) a dependent is a son, stepson, daughter,
stepdaughter, mother, or father of the taxpayer, for whom the
taxpayer provides more than half support for a taxable year.

''SEC. 202. NONBUSINESS TAX.

''(a) In General.--There is hereby imposed a tax on the nonbusiness
taxable income of every person for each taxable year (reduced by the
amount of the personal allowance under section 201) a tax equal to--
''(1) 15 percent of so much of such income as does not
exceed the limit, plus
''(2) 25 percent of so much of such income as exceeds the
limit.
''(b) Limit.--For purposes of subsection (a)--
''(1) the limit for married taxpayers filing jointly, heads
of household, and surviving spouses is $100,000, and
''(2) the limit for any other taxpayer is $50,000.

''SEC. 203. BUSINESS TAX.

''(a) Business Defined.--Each sole proprietorship, partnership, and
corporation constitutes a business. Any organization or individual not
specifically exempt under chapter 3, with business receipts, is a
business.
''(b) Computation of Tax.--Each business will pay a tax of 19
percent of its business taxable income, or zero if business taxable
income is negative.
''(c) Filing Units.--A business may file any number of business tax
returns for its various subsidiaries or other units, provided that all
business receipts are reported in the aggregate, and provided that each
expenditure for business inputs is reported on no more than one return.
''(d) Carryforward of Losses.--When business taxable income is
negative, the negative amount may be used to offset positive taxes in
future years. The amount carried forward from one year to the next is
augmented according to an interest rate equal to the average daily
yield on 3-month Treasury Bills during the first year. There is no
limit to the amount or the duration of the carryforward.

''CHAPTER 3--EXEMPT ORGANIZATIONS

''Sec. 301. Exempt organizations.

''SEC. 301. EXEMPT ORGANIZATIONS.

''Organizations exempt from the business tax are--
''(1) State and local governments, and their subsidiary
units; and
''(2) educational, religious, charitable, philanthropic,
cultural, and community service organizations that do not
return income to individual or corporate owners.

''CHAPTER 4--WITHHOLDING

''Sec. 401. Withholding.

''SEC. 401. WITHHOLDING.

''Each employer, including exempt organizations, will withhold from
the wages, salaries, and pensions of its employees, and remit to the
Internal Revenue Service, an amount computed in the manner prescribed
in tables published by the Secretary. Every employee will receive a
credit against tax for the amount withheld.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1993.
Amends the Internal Revenue Code to provide for a simplified income tax. Allows a personal allowance of $4,000 for the taxpayer, spouse (if filing jointly), and each dependent. Adjusts such amount for inflation each year.
Imposes a nonbusiness tax on each person (reduced by the amount of the personal allowance) of 15 percent of income that does not exceed the limit, plus 25 percent of income that exceeds the limit. Specifies that limit as: (1) $100,000 for married taxpayers filing jointly, heads of household, and surviving spouses; and (2) $50,000 for any other taxpayer.
Imposes a tax on each business of 19 percent of taxable income, or zero if such income is negative. Allows the carryforward of losses.
Specifies tax-exempt organizations as: (1) State and local governments; and (2) educational, religious, charitable, philanthropic, cultural, and community service organizations that do not return income to individual or corporate owners.
Provides for tax withholding.