S.Amdt. 3092Senate108th Congress (2003-2005)2nd degree

S.Amdt. 3092

Submitted April 29, 2004

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Senate amendment submitted

April 29, 2004

Text

Submitted

TEXT OF AMENDMENTS

SA 3083. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act; which was
ordered to lie on the table; as follows:

At the end of the amendment, add the following:

SEC. __. MOTOR VEHICLE TIRES SUPPORTING MAXIMUM FUEL
EFFICIENCY.

(a) Standards for Tires Manufactured for Interstate
Commerce.--Section 30123 of title 49, United States Code, is
amended--
(1) in subsection (b), by inserting after the first
sentence the following: ``The grading system shall include
standards for rating the fuel efficiency of tires designed
for use on passenger cars and light trucks.''; and
(2) by adding at the end the following:
``(d) National Tire Fuel Efficiency Program.--(1) The
Secretary shall develop and carry out a national tire fuel
efficiency program for tires designed for use on passenger
cars and light trucks.
``(2) The program shall include the following:
``(A) Policies and procedures for testing and labeling
tires for fuel economy to enable tire buyers to make informed
purchasing decisions about the fuel economy of tires.
``(B) Policies and procedures to promote the purchase of
energy-efficient replacement tires, including purchase
incentives, website listings on the Internet, printed fuel
economy guide booklets, and mandatory requirements for tire
retailers to provide tire buyers with fuel-efficiency
information on tires.
``(C) Minimum fuel economy standards for tires, promulgated
by the Secretary.
``(3) The minimum fuel economy standards for tires shall--
``(A) ensure that the fuel economy of replacement tires is
equal to or better than the average fuel economy of tires
sold as original equipment;
``(B) secure the maximum technically feasible and cost-
effective fuel savings;
``(C) not adversely affect tire safety;
``(D) not adversely affect the average tire life of
replacement tires;
``(E) incorporate the results from--
``(i) laboratory testing; and
``(ii) to the extent appropriate and available, on-road
fleet testing programs conducted by the manufacturers; and
``(F) not adversely affect efforts to manage scrap tires.
``(4) The policies, procedures, and standards developed
under paragraph (2) shall apply to all types and models of
tires that are covered by the uniform tire quality grading
standards under section 575.104 of title 49, Code of Federal
Regulations (or any successor regulation).
``(5) Not less often than every three years, the Secretary
shall review the minimum fuel economy standards in effect for
tires under this subsection and revise the standards as
necessary to ensure compliance with requirements under
paragraph (3). The Secretary may not, however, reduce the
average fuel economy standards applicable to replacement
tires.
``(6) Nothing in this chapter shall be construed to preempt
any provision of State law relating to higher fuel economy
standards applicable to replacement tires designed for use on
passenger cars and light trucks.
``(7) Nothing in this chapter shall apply to--
``(A) a tire or group of tires with the same SKU, plant,
and year, for which the volume of tires produced or imported
is less than 15,000 annually;
``(B) a deep tread, winter-type snow tire, space-saver
tire, or temporary use spare tire;
``(C) a tire with a normal rim diameter of 12 inches or
less;
``(D) a motorcycle tire; or
``(E) a tire manufactured specifically for use in an off-
road motorized recreational vehicle.
``(8) In this subsection, the term `fuel economy', with
respect to tires, means the extent to which the tires
contribute to the fuel economy of the motor vehicles on which
the tires are mounted.
(b) Conforming Amendment.--Section 30103(b) of title 49,
United States Code, is amended in paragraph (1) by striking
``When'' and inserting ``Except as provided in section
30123(d) of this title, when''.

[[Page S4711]]

(c) Time for Implementation.--The Secretary of
Transportation shall ensure that the national tire fuel
efficiency program required under subsection (d) of section
30123 of title 49, United States Code (as added by subsection
(a)(2)), is administered so as to apply the policies,
procedures, and standards developed under paragraph (2) of
such subsection (d) beginning not later than March 31, 2006.
______

SA 3084. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act; which was
ordered to lie on the table; as follows:

At the end of the amendment, add the following:

SEC. __. STRATEGIC PETROLEUM RESERVE DRAWDOWN AUTHORITY.

Section 161(d)(2) of the Energy Policy and Conservation Act
(42 U.S.C. 6241(d)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) severe economic conditions or volatility in the price
of petroleum or petroleum products exist and pose a
significant threat to economic stability.''.
______

SA 3085. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act; which was
ordered to lie on the table; as follows:

At the end of the amendment, add the following:

SEC. __. STRATEGIC PETROLEUM RESERVE DRAWDOWN AUTHORITY.

Section 161(d)(2) of the Energy Policy and Conservation Act
(42 U.S.C. 6241(d)(2)) is amended--
(1) by striking ``(A) an emergency'' and inserting ``(A)(i)
an emergency'';
(2) by striking ``(B) a severe'' and inserting ``(ii) a
severe'';
(3) by striking ``(C) such price'' and inserting ``(iii)
such price'';
(4) by striking ``economy.'' and inserting ``economy; or'';
and
(5) by adding at the end the following:
``(B) there exist severe economic conditions or volatility
in the price of petroleum or petroleum products that pose a
significant threat to economic stability that could be
mitigated by a drawdown and sale of petroleum products from
the Strategic Petroleum Reserve.''.
______

SA 3086. Mr. JEFFORDS submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act; which was
ordered to lie on the table; as follows:

At the end of the amendment, add the following:

SEC. __. RENEWABLE PORTFOLIO STANDARD.

The Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2601 et seq.) is amended by adding at the end of title
VI the following:

``SEC. 609. FEDERAL RENEWABLE PORTFOLIO STANDARD.

``(a) Definitions.--In this section:
``(1) Base amount of electricity.--The term `base amount of
electricity' means the total amount of electricity sold by an
electric utility to electric consumers in a calendar year,
excluding--
``(A) electricity generated by a hydroelectric facility
(except incremental hydropower); and
``(B) electricity generated through the incineration of
municipal solid waste.
``(2) Distributed generation facility.--The term
`distributed generation facility' means a facility at a
customer site.
``(3) Existing renewable energy.--The term `existing
renewable energy' means--
``(A) electric energy generated at a facility (including a
distributed generation facility) placed in service before the
date of enactment of this section from solar, wind, ocean, or
geothermal energy;
``(B) biomass (as defined in section 504(b)); and
``(C) landfill gas.
``(4) Incremental hydropower.--
``(A) In general.--The term `incremental hydropower' means
additional energy generated as a result of efficiency
improvements or capacity additions that are--
``(i) made on or after the date of enactment of this
section or the effective date of an existing applicable State
renewable portfolio standard program at a hydroelectric
facility that was placed in service before that date; and
``(ii) measured on the basis of the same water flow
information used to determine a historic average annual
generation baseline for the hydroelectric facility; and
``(iii) certified by the Secretary or the Commission.
``(B) Exclusion.--The term `incremental hydropower' does
not include additional energy generated as a result of
operational changes not directly associated with efficiency
improvements or capacity additions.
``(5) New renewable energy.--The term `new renewable
energy' means--
``(A) electric energy generated at a facility (including a
distributed generation facility) placed in service on or
after the date of enactment of this section from--
``(i) solar, wind, ocean, or geothermal energy;
``(ii) biomass (as defined in section 504(b));
``(iii) landfill gas; or
``(iv) incremental hydropower; and
``(B) in the case of electric energy generated at a
facility (including a distributed generation facility) placed
in service before the date of enactment of this section, the
additional energy above the average generation during the 3
years preceding the date of enactment of this section at the
facility from--
``(i) solar, wind, ocean, or geothermal energy;
``(ii) biomass (as defined in section 504(b));
``(iii) landfill gas; or
``(iv) incremental hydropower.
``(b) Renewable Energy Requirement.--
``(1) In general.--An electric utility that sells
electricity to electric consumers shall obtain a percentage
of the base amount of electricity that the electric utility
sells to electric consumers in any calendar year from new
renewable energy or existing renewable energy.
``(2) Percentage.--The percentage obtained in a calendar
year shall not be less than the amount specified in the
following table:

``Calendar year:                             Minimum annual percentage:
2008 through 2011............................................2.5 ....

2012 through 2015............................................5.0 ....

2016 through 2019............................................7.5 ....

2020 through 2030...........................................10.0.....

``(3) Means of compliance.--An electric utility shall meet
the requirements of paragraph (1) by--
``(A) generating electric energy using new renewable energy
or existing renewable energy;
``(B) purchasing electric energy generated by new renewable
energy or existing renewable energy;
``(C) purchasing renewable energy credits issued under
subsection (c); or
``(D) a combination of the foregoing.
``(c) Renewable Energy Credit Trading Program.--
``(1) In general.--Not later than January 1, 2005, the
Secretary shall establish a renewable energy credit trading
program to permit an electric utility that does not generate
or purchase enough electric energy from renewable energy to
meet its obligations under subsection (b)(1) to satisfy the
obligations by purchasing sufficient renewable energy
credits.
``(2) Program elements.--As part of the program, the
Secretary shall--
``(A) issue renewable energy credits to generators of
electric energy from new renewable energy;
``(B) sell renewable energy credits to electric utilities
at the rate of 1.5 cents per kilowatt-hour (as adjusted for
inflation under subsection (h)); and
``(C) ensure that a kilowatt hour, including the associated
renewable energy credit, shall be used only once for purposes
of compliance with this section.
``(3) Use of credits.--A credit under paragraph (2)(A) may
be used for compliance with this section until the date that
is 3 years after the date on which the credit is issued.
``(d) Enforcement.--
``(1) Civil penalties.--An electric utility that fails to
meet the renewable energy requirements of subsection (b)
shall be subject to a civil penalty.
``(2) Amount of penalty.--The amount of the civil penalty
shall be determined by multiplying the number of kilowatt-
hours of electric energy sold to electric consumers in
violation of subsection (b) by the greater of--
``(A) 1.5 cents (adjusted for inflation under subsection
(h)); or
``(B) 200 percent of the average market value of renewable
energy credits during the year in which the violation
occurred.
``(3) Mitigation or waiver.--The Secretary may mitigate or
waive a civil penalty under this subsection if the electric
utility was unable to comply with subsection (b) for reasons
outside the reasonable control of the utility.
``(4) Procedure for assessing penalty.--The Secretary shall
assess a civil penalty under this subsection in accordance
with the procedures prescribed by section 333(d) of the
Energy Policy and Conservation Act (42 U.S.C. 6303(d)).
``(e) State Renewable Energy Account Program.--
``(1) In general.--Not later than December 31, 2008, the
Secretary shall establish a State renewable energy account
program.
``(2) Establishment of state renewable energy account.--The
State renewable energy account shall be held by the Secretary
and shall not be transferred to the Secretary of the
Treasury.

[[Page S4712]]

``(3) Deposits.--All amounts collected by the Secretary
from the sale of renewable energy credits and the assessment
of civil penalties under this section shall be deposited in
the State renewable energy account established under this
subsection.
``(4) Use of proceeds.--Proceeds deposited in the State
renewable energy account shall be used by the Secretary,
subject to appropriations, for a program to provide grants to
State agencies responsible for developing State energy
conservation plans under section 363 of the Energy Policy and
Conservation Act (42 U.S.C. 6322) for the purposes of
promoting renewable energy production.
``(5) Guidelines and criteria.--The Secretary may issue
guidelines and criteria for grants awarded under this
subsection.
``(6) Records.--A State energy office that receives a grant
under this section shall maintain such records (including
evidence of compliance) as the Secretary may require.
``(7) Preference.--In allocating funds under the program,
the Secretary shall give preference to--
``(A) States in regions that have a disproportionately
small share of economically sustainable renewable energy
generation capacity; and
``(B) State programs to stimulate or enhance innovative
renewable energy technologies.
``(f) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate
regulations implementing this section.
``(g) Exemptions.--This section shall not apply in any
calendar year to an electric utility that--
``(1) sold less than 4,000,000 megawatt-hours of electric
energy to electric consumers during the preceding calendar
year; or
``(2) that is located in Hawaii.
``(h) Inflation Adjustment.--Not later than December 31 of
each year beginning in 2008, the Secretary shall adjust for
inflation the price of a renewable energy credit under
subsection (c)(2)(B) and the amount of the civil penalty per
kilowatt-hour under subsection (d)(2).
``(i) State Programs.--
``(1) In general.--Nothing in this section diminishes any
authority of a State or political subdivision of a State to
adopt or enforce any law (including a regulation) respecting
renewable energy, but no such law shall relieve any person of
any requirement otherwise applicable under this section.
``(2) Coordination.--The Secretary, in consultation with
States having such a renewable energy program, shall, to the
maximum extent practicable, facilitate coordination between
the Federal program and State program.
``(j) Sunset.--This section ceases to be effective December
31, 2030.''.
______

SA 3087. Mr. HOLLINGS submitted an amendment intended to be proposed
by him to the bill S. 150, to make permanent the moratorium on taxes on
Internet access and multiple and discriminatory taxes on electronic
commerce imposed by the Internet Tax Freedom Act; which was ordered to
lie on the table; as follows:

Strike the last word and insert the following:

SEC. __. CONSUMER PASSTHROUGH.

The Internet Tax Freedom Act (47 U.S.C. 151 note) is
amended by adding at the end the following:

``SEC. 1109. CONSUMER PASSTHROUGH OF TAX SAVINGS.

``If the taxes, fees, or other charges imposed by a State
or local government remitted by a provider of Internet access
service for any taxable period covered by this Act are lower
than such taxes, fees, or other charges would be if this Act
were not law, then the provider shall reduce the amount it
charges retail users of its Internet access service during
the next taxable period by an aliquot amount.''.
______

SA 3088. Mr. HOLLINGS submitted an amendment intended to be proposed
by him to the bill S. 150, to make permanent the moratorium on taxes on
Internet access and multiple and discriminatory taxes on electronic
commerce imposed by the Internet Tax Freedom Act; which was ordered to
lie on the table; as follows:

On page 2, beginning with line 7, strike through line 2 on
page 3 and insert the following:

SEC.   . LIMITATION ON TAXATION OF TELECOMMUNICATIONS
SERVICES RELATED TO ADVANCED TELECOMMUNICATIONS
CAPABILITY.

Notwithstanding any provision of the Internet Tax Freedom
Act (47 U.S.C. 151 note) to the contrary (except section 1104
of that Act), no State or political subdivision thereof may
impose a tax on the retail provision of advanced
telecommunications capability (as defined in section
706(c)(1) of the Telecommunications Act of 1996 (47 U.S.C.
157 note)) to consumers during the period specified in
section 1101(a) of that Act.

SEC.   . VOIP SERVICES.

Section 1108 of the Internet Tax Freedom Act (47 U.S.C. 151
note), as added by section 6, is amended to read as follows:

``SEC. 1108. VOIP SERVICES.

``Section 1101(a) shall not apply to the imposition or
collection of any tax, fee, or charge on a service advertised
or offered to consumers for the provision of realtime voice
telecommunications (as the term `telecommunications' is
defined in section 3(43) of the Communications Act of 1934
(47 U.S.C. 153(43)) regardless of whether such service
employs circuit-switched technology, packet-switched
technology, or any successor technology or transmission
protocol.''.
______

SA 3089. Mr. HOLLINGS submitted an amendment intended to be proposed
by him to the bill S. 150, to make permanent the moratorium on taxes on
Internet access and multiple and discriminatory taxes on electronic
commerce imposed by the Internet Tax Freedom Act; which was ordered to
lie on the table; as follows:

On page 2, beginning with line 17, strike through line 2 on
page 3 and insert the following:

SEC.   . VOIP SERVICES.

Section 1108 of the Internet Tax Freedom Act (47 U.S.C. 151
note), as added by section 6, is amended to read as follows:

``SEC. 1108. VOIP SERVICES.

``Section 1101(a) shall not apply to the imposition or
collection of any tax, fee, or charge on a service advertised
or offered to consumers for the provision of realtime voice
telecommunications (as the term `telecommunications' is
defined in section 3(43) of the Communications Act of 1934
(47 U.S.C. 153(43)) regardless of whether such service
employs circuit-switched technology, packet-switched
technology, or any successor technology or transmission
protocol.''.
______

SA 3090. Mr. HOLLINGS submitted an amendment intended to be proposed
by him to the bill S. 150, to make permanent the moratorium on taxes on
Internet access and multiple and discriminatory taxes on electronic
commerce imposed by the Internet Tax Freedom Act; which was ordered to
lie on the table; as follows:

Strike all after the first word and insert the following:

SEC.   . RESTORATION OF EXISTING DEFINITION OF INTERNET
ACCESS.

(a) In General.--
(1) Paragraph (3)(D) of section 1101(d) (as redesignated by
section 2(b)(1) of this Act) is amended by striking the
second sentence and inserting ``Such term does not include
telecommunications services.''.
(2) Paragraph (5) of section 1105 (as redesignated by
section 3(1) of this Act) is amended by striking the second
sentence and inserting ``Such term does not include
telecommunications services.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on November 3, 2003.

SEC.   . LIMITATION ON TAXATION OF TELECOMMUNICATIONS
SERVICES RELATED TO ADVANCED TELECOMMUNICATIONS
CAPABILITY.

Notwithstanding any provision of the Internet Tax Freedom
Act (47 U.S.C. 151 note) to the contrary (except section 1104
of that Act), no State or political subdivision thereof may
impose a tax on the retail provision of advanced
telecommunications, capability (as defined in section
706(c)(1) of the Telecommunications Act of 1996 (47 U.S.C.
157 note)) to consumers during the period specified in
section 1101(a) of that Act.

SEC.   . VOIP SERVICES.

Section 1108 of the Internet Tax Freedom Act (47 U.S.C. 151
note), as added by section 6, is amended to read as follows:

``SEC. 1108. VOIP SERVICES.

``Section 1101(a) shall not apply to the imposition or
collection of any tax, fee, or charge on a service advertised
or offered to consumers for the provision of realtime voice
telecommunications (as the term `telecommunications' is
defined in section 3(43) of the Communications Act of 1934
(47 U.S.C. 153(43)) regardless of whether such service
employs circuit-switched technology, packet-switched
technology, or any successor technology or transmission
protocol.''.

SEC.   . GRANDFATHERING OF EXISTING TAXES.

(a) In General.--Section 1104 of the Internet Tax Freedom
Act (47 U.S.C. 151 note) is amended to read as follows:

``SEC. 1104. EXCEPTIONS FOR CERTAIN TAXES.

``(a) Pre-October, 1998, Taxes.--Section 1101(a) does not
apply to a tax on Internet access (as that term was defined
in section 1104(5) of this Act as that section was in effect
on the day before the date of enactment of the Internet Tax
Ban Extension and Improvement Act) that was generally imposed
and actually enforced prior to October 1, 1998, if, before
that date, the tax was authorized by statute and either--
``(1) a provider of Internet access services had a
reasonable opportunity to know by virtue of a rule or other
public proclamation made by the appropriate administrative
agency of the State or political subdivision thereof, that
such agency has interpreted and applied such tax to Internet
access services; or
``(2) a State or political subdivision thereof generally
collected such tax on charges for Internet access.
``(b) Taxes on Telecommunications Services.--Section
1101(a) does not apply to a tax on Internet access that was
generally imposed and actually enforced as of November 1,
2003, if, as of that date, the tax was authorized by statute
and either--

[[Page S4713]]

``(1) a provider of Internet access services had a
reasonable opportunity to know by virtue of a rule or other
public proclamation made by the appropriate administrative
agency of the State or political subdivision thereof, that
such agency has interpreted and applied such tax to Internet
access services; or
``(2) a State or political subdivision thereof generally
collected such tax on charges for Internet access service.''.
(b) Effective Date.--The amendment made by subsection (a)
takes effect on November 3, 2003.
______

SA 3091. Mr. JEFFORDS submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act; which was
ordered to lie on the table; as follows:

At the end of the amendment, add the following:
The Clean Air Act (42 U.S.C. 1701 et seq.) is amended by
adding at the end the following:

``TITLE VII--GREENHOUSE GAS EMISSIONS

``SEC. 701. DEFINITIONS.

``In this title:
``(1) Covered entity.--The term `covered entity' means an
entity that emits more than a threshold quantity of
greenhouse gas emissions.
``(2) Direct emissions.--The term `direct emissions' means
greenhouse gas emissions from a source that is owned or
controlled by an entity.
``(3) Entity.--The term `entity' includes a firm, a
corporation, an association, a partnership, and a Federal
agency.
``(4) Greenhouse gas.--The term `greenhouse gas' means--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; and
``(F) sulfur hexafluoride.
``(5) Greenhouse gas emissions.--The term `greenhouse gas
emissions' means emissions of a greenhouse gas, including--
``(A) stationary combustion source emissions, which are
emitted as a result of combustion of fuels in stationary
equipment such as boilers, furnaces, burners, turbines,
heaters, incinerators, engines, flares, and other similar
sources;
``(B) process emissions, which consist of emissions from
chemical or physical processes other than combustion;
``(C) fugitive emissions, which consist of intentional and
unintentional emissions from--
``(i) equipment leaks such as joints, seals, packing, and
gaskets; and
``(ii) piles, pits, cooling towers, and other similar
sources; and
``(D) mobile source emissions, which are emitted as a
result of combustion of fuels in transportation equipment
such as automobiles, trucks, trains, airplanes, and vessels.
``(6) Greenhouse gas emissions record.--The term
`greenhouse gas emissions record' means all of the historical
greenhouse gas emissions and project reduction data submitted
by an entity under this title, including any adjustments to
such data under section 704(c).
``(7) Greenhouse gas report.--The term `greenhouse gas
report' means an annual list of the greenhouse gas emissions
of an entity and the sources of those emissions.
``(8) Indirect emissions.--The term `indirect emissions'
means greenhouse gas emissions that are a consequence of the
activities of an entity but that are emitted from sources
owned or controlled by another entity.
``(9) National greenhouse gas emissions information
system.--The term `national greenhouse gas emissions
information system' means the information system established
under section 702(a).
``(10) National greenhouse gas emissions inventory.--The
term `national greenhouse gas emissions inventory' means the
national inventory of greenhouse gas emissions established
under section 705.
``(11) National greenhouse gas registry.--The term
`national greenhouse gas registry' means the national
greenhouse gas registry established under section 703(a).
``(12) Project reduction.--The term `project reduction'
means--
``(A) a greenhouse gas emission reduction achieved by
carrying out a greenhouse gas emission reduction project; and
``(B) sequestration achieved by carrying out a
sequestration project.
``(13) Reporting entity.--The term `reporting entity' means
an entity that reports to the Administrator under subsection
(a) or (b) of section 704.
``(14) Sequestration.--The term `sequestration' means the
long-term separation, isolation, or removal of greenhouse
gases from the atmosphere, including through a biological or
geologic method such as reforestation or an underground
reservoir.
``(15) Threshold quantity.--The term `threshold quantity'
means a threshold quantity for mandatory greenhouse gas
reporting established by the Administrator under section
704(a)(3).
``(16) Verification.--The term `verification' means the
objective and independent assessment of whether a greenhouse
gas report submitted by a reporting entity accurately
reflects the greenhouse gas impact of the reporting entity.

``SEC. 702. NATIONAL GREENHOUSE GAS EMISSIONS INFORMATION
SYSTEM.

``(a) Establishment.--In consultation with the Secretary of
Commerce, the Secretary of Agriculture, the Secretary of
Energy, States, the private sector, and nongovernmental
organizations concerned with establishing standards for
reporting of greenhouse gas emissions, the Administrator
shall establish and administer a national greenhouse gas
emissions information system to collect information reported
under section 704(a).
``(b) Submission to Congress of Draft Design.--Not later
than 180 days after the date of enactment of this title, the
Administrator shall submit to Congress a draft design of the
national greenhouse gas emissions information system.
``(c) Availability of Data to the Public.--The
Administrator shall publish all information in the national
greenhouse gas emissions information system through the
website of the Environmental Protection Agency, except in any
case in which publishing the information would reveal a trade
secret or disclose information vital to national security.
``(d) Relationship to Other Greenhouse Gas Registries.--To
the extent practicable, the Administrator shall ensure
coordination between the national greenhouse gas emissions
information system and existing and developing Federal,
regional, and State greenhouse gas registries.
``(e) Integration With Other Environmental Information.--To
the extent practicable, the Administrator shall integrate
information in the national greenhouse gas emissions
information system with other environmental information
managed by the Administrator.

``SEC. 703. NATIONAL GREENHOUSE GAS REGISTRY.

``(a) Establishment.--In consultation with the Secretary of
Commerce, the Secretary of Agriculture, the Secretary of
Energy, States, the private sector, and nongovernmental
organizations concerned with establishing standards for
reporting of greenhouse gas emissions, the Administrator
shall establish and administer a national greenhouse gas
registry to collect information reported under section
704(b).
``(b) Availability of Data to the Public.--The
Administrator shall publish all information in the national
greenhouse gas registry through the website of the
Environmental Protection Agency, except in any case in which
publishing the information would reveal a trade secret or
disclose information vital to national security.
``(c) Relationship to Other Greenhouse Gas Registries.--To
the maximum extent feasible and practicable, the
Administrator shall ensure coordination between the national
greenhouse gas registry and existing and developing Federal,
regional, and State greenhouse gas registries.
``(d) Integration With Other Environmental Information.--To
the maximum extent practicable, the Administrator shall
integrate all information in the national greenhouse gas
registry with other environmental information collected by
the Administrator.

``SEC. 704. REPORTING.

``(a) Mandatory Reporting to National Greenhouse Gas
Emissions Information System.--
``(1) Initial reporting requirements.--
``(A) In general.--Not later than April 30, 2005, in
accordance with this paragraph and the regulations
promulgated under section 706(e)(1), each covered entity
shall submit to the Administrator, for inclusion in the
national greenhouse gas emissions information system, the
greenhouse gas report of the covered entity with respect to--
``(i) calendar year 2004; and
``(ii) each greenhouse gas emitted by the covered entity in
an amount that exceeds the applicable threshold quantity.
``(B) Required elements.--Each greenhouse gas report
submitted under subparagraph (A)--
``(i) shall include estimates of direct stationary
combustion source emissions;
``(ii) shall express greenhouse gas emissions in metric
tons of the carbon dioxide equivalent of each greenhouse gas
emitted;
``(iii) shall specify the sources of greenhouse gas
emissions that are included in the greenhouse gas report;
``(iv) shall be reported on an entity-wide basis and on a
facility-wide basis; and
``(v) to the maximum extent practicable, shall be reported
electronically to the Administrator in such form as the
Administrator may require.
``(C) Method of reporting of entity-wide emissions.--Under
subparagraph (B)(iv), entity-wide emissions shall be reported
on the bases of financial control and equity share in a
manner consistent with the financial reporting practices of
the covered entity.
``(2) Final reporting requirements.--
``(A) In general.--Not later than April 30, 2006, and each
April 30 thereafter (except as provided in subparagraph
(B)(vii)), in accordance with this paragraph and the
regulations promulgated under section 706(e)(2), each covered
entity shall submit to the Administrator the greenhouse gas
report of the covered entity with respect to--
``(i) the preceding calendar year; and
``(ii) each greenhouse gas emitted by the covered entity in
an amount that exceeds the applicable threshold quantity.

[[Page S4714]]

``(B) Required elements.--Each greenhouse gas report
submitted under subparagraph (A) shall include--
``(i) the required elements specified in paragraph (1);
``(ii) estimates of indirect emissions from imported
electricity, heat, and steam;
``(iii) estimates of process emissions described in section
701(5)(B);
``(iv) estimates of fugitive emissions described in section
701(5)(C);
``(v) estimates of mobile source emissions described in
section 701(5)(D), in such form as the Administrator may
require;
``(vi) in the case of a covered entity that is a forest
product entity, estimates of direct stationary source
emissions, including emissions resulting from combustion of
biomass;
``(vii) in the case of a covered entity that owns more than
250,000 acres of timberland, estimates, by State, of the
timber and carbon stocks of the covered entity, which
estimates shall be updated every 5 years; and
``(viii) a description of any adjustments to the greenhouse
gas emissions record of the covered entity under subsection
(c).
``(3) Establishment of threshold quantities.--For the
purpose of reporting under this subsection, the Administrator
shall establish threshold quantities of emissions for each
combination of a source and a greenhouse gas that is subject
to the mandatory reporting requirements under this
subsection.
``(b) Voluntary Reporting to National Greenhouse Gas
Registry.--
``(1) In general.--Not later than April 30, 2005, and each
April 30 thereafter, in accordance with this subsection and
the regulations promulgated under section 706(f), an entity
may voluntarily report to the Administrator, for inclusion in
the national greenhouse gas registry, with respect to the
preceding calendar year and any greenhouse gas emitted by the
entity--
``(A) project reductions;
``(B) transfers of project reductions to and from any other
entity;
``(C) project reductions and transfers of project
reductions outside the United States;
``(D) indirect emissions that are not required to be
reported under subsection (a)(2)(B)(ii) (such as product
transport, waste disposal, product substitution, travel, and
employee commuting); and
``(E) product use phase emissions.
``(2) Types of activities.--Under paragraph (1), an entity
may report activities that reduce greenhouse gas emissions or
sequester a greenhouse gas, including--
``(A) fuel switching;
``(B) energy efficiency improvements;
``(C) use of renewable energy;
``(D) use of combined heat and power systems;
``(E) management of cropland, grassland, and grazing land;
``(F) forestry activities that increase carbon stocks;
``(G) carbon capture and storage;
``(H) methane recovery; and
``(I) carbon offset investments.
``(c) Adjustment Factors.--
``(1) In general.--Each reporting entity shall adjust the
greenhouse gas emissions record of the reporting entity in
accordance with this subsection.
``(2) Significant structural changes.--
``(A) In general.--A reporting entity that experiences a
significant structural change in the organization of the
reporting entity (such as a merger, major acquisition, or
divestiture) shall adjust its greenhouse gas emissions record
for preceding years so as to maintain year-to-year
comparability.
``(B) Mid-year changes.--In the case of a reporting entity
that experiences a significant structural change described in
subparagraph (A) during the middle of a year, the greenhouse
gas emissions record of the reporting entity for preceding
years shall be adjusted on a pro-rata basis.
``(3) Calculation changes and errors.--The greenhouse gas
emissions record of a reporting entity for preceding years
shall be adjusted for--
``(A) changes in calculation methodologies; or
``(B) errors that significantly affect the quantity of
greenhouse gases in the greenhouse gas emissions record.
``(4) Organizational growth or decline.--The greenhouse gas
emissions record of a reporting entity for preceding years
shall not be adjusted for any organizational growth or
decline of the reporting entity such as--
``(A) an increase or decrease in production output;
``(B) a change in product mix;
``(C) a plant closure; and
``(D) the opening of a new plant.
``(5) Explanations of adjustments.--A reporting entity
shall explain, in a statement included in the greenhouse gas
report of the reporting entity for a year--
``(A) any significant adjustment in the greenhouse gas
emissions record of the reporting entity; and
``(B) any significant change between the greenhouse gas
emissions record for the preceding year and the greenhouse
gas emissions reported for the current year.
``(d) Quantification and Verification Protocols and
Tools.--
``(1) In general.--The Administrator and the Secretary of
Commerce, the Secretary of Agriculture, and the Secretary of
Energy shall jointly work with the States, the private
sector, and nongovernmental organizations to develop--
``(A) protocols for quantification and verification of
greenhouse gas emissions;
``(B) electronic methods for quantification and reporting
of greenhouse gas emissions; and
``(C) greenhouse gas accounting and reporting standards.
``(2) Best practices.--The protocols and methods developed
under paragraph (1) shall conform, to the maximum extent
practicable, to the best practice protocols that have the
greatest support of experts in the field.
``(3) Incorporation into regulations.--The Administrator
shall incorporate the protocols developed under paragraph
(1)(A) into the regulations promulgated under section 706.
``(4) Outreach program.--The Administrator, the Secretary
of Commerce, the Secretary of Agriculture, and the Secretary
of Energy shall jointly conduct an outreach program to
provide information to all reporting entities and the public
on the protocols and methods developed under this subsection.
``(e) Verification.--
``(1) Provision of information by reporting entities.--Each
reporting entity shall provide information sufficient for the
Administrator to verify, in accordance with greenhouse gas
accounting and reporting standards developed under subsection
(d)(1)(C), that the greenhouse gas report of the reporting
entity--
``(A) has been accurately reported; and
``(B) in the case of each project reduction, represents
actual reductions in greenhouse gas emissions or actual
increases in net sequestration, as applicable.
``(2) Independent third-party verification.--A reporting
entity may--
``(A) obtain independent third-party verification; and
``(B) present the results of the third-party verification
to the Administrator for consideration by the Administrator
in carrying out paragraph (1).
``(f) Enforcement.--The Administrator may bring a civil
action in United States district court against a covered
entity that fails to comply with subsection (a), or a
regulation promulgated under section 706(e), to impose a
civil penalty of not more than $25,000 for each day that the
failure to comply continues.

``SEC. 705. NATIONAL GREENHOUSE GAS EMISSIONS INVENTORY.

``Not later than April 30, 2005, and each April 30
thereafter, the Administrator shall publish a national
greenhouse gas emissions inventory that includes--
``(1) comprehensive estimates of the quantity of United
States greenhouse gas emissions for the second preceding
calendar year, including--
``(A) for each greenhouse gas, an estimate of the quantity
of emissions contributed by each key source category;
``(B) a detailed analysis of trends in the quantity,
composition, and sources of United States greenhouse gas
emissions; and
``(C) a detailed explanation of the methodology used in
developing the national greenhouse gas emissions inventory;
and
``(2) a detailed analysis of the information reported to
the national greenhouse gas emissions information system and
the national greenhouse gas registry.

``SEC. 706. REGULATIONS.

``(a) In General.--The Administrator may promulgate such
regulations as are necessary to carry out this title.
``(b) Best Practices.--In developing regulations under this
section, the Administrator shall seek to leverage leading
protocols for the measurement, accounting, reporting, and
verification of greenhouse gas emissions.
``(c) National Greenhouse Gas Emissions Information
System.--Not later than January 31, 2005, the Administrator
shall promulgate such regulations as are necessary to
establish the national greenhouse gas emissions information
system.
``(d) National Greenhouse Gas Registry.--Not later than
January 31, 2005, the Administrator shall promulgate such
regulations as are necessary to establish the national
greenhouse gas registry.
``(e) Mandatory Reporting Requirements.--
``(1) Initial reporting requirements.--Not later than
January 31, 2005, the Administrator shall promulgate such
regulations as are necessary to implement the initial
mandatory reporting requirements under section 704(a)(1).
``(2) Final reporting requirements.--Not later than January
31, 2006, the Administrator shall promulgate such regulations
as are necessary to implement the final mandatory reporting
requirements under section 704(a)(2).
``(f) Voluntary Reporting Provisions.--Not later than
January 31, 2005, the Administrator shall promulgate such
regulations and issue such guidance as are necessary to
implement the voluntary reporting provisions under section
704(b).
``(g) Adjustment Factors.--Not later than January 31, 2005,
the Administrator shall promulgate such regulations as are
necessary to implement the adjustment factors under section
704(c).''.
______

SA 3092. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax

[[Page S4715]]

Freedom Act; which was ordered to lie on the table; as follows:

Beginning on page 3, strike line 25 and all that follows
through page 5, line 11, and insert the following:
``(A) In general.--
``(i) Regulations.--

``(I) In general.--Not later than 1 year after the date of
enactment of this paragraph, the Administrator shall
promulgate regulations to ensure that gasoline sold or
introduced into commerce in the United States (except in
Petroleum Administration for Defense Districts I, IV, and V),
on an annual average basis, contains the applicable volume of
renewable fuel determined in accordance with subparagraph
(B).
``(II) Election by governor.--Notwithstanding subclause
(I), the Governor of a State in Petroleum Administration for
Defense District I, IV, or IV may elect to be subject to the
regulations promulgated under subclause (I) by notifying the
Administrator in writing.

``(ii) Contents.--Regardless of the date of promulgation,
the regulations--

``(I) shall contain compliance provisions applicable to
refineries, blenders, distributors, and importers, as
appropriate, to ensure that the requirements of this section
are met; but
``(II) shall not--

``(aa) restrict cases in which renewable fuel may be used;
or
``(bb) impose any per-gallon obligation for the use of
renewable fuel.
``(iii) No regulations.--If the Administrator does not
promulgate the regulations, the applicable percentage
referred to in paragraph (4), on a volume percentage of
gasoline basis, shall be 2.2 in 2005.
______

SA 3093. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act; which was
ordered to lie on the table; as follows:

Beginning on page 45, strike line 24 and all that follows
through page 46, line 7, and insert the following:
(2) Effective date.--The amendments made by paragraph (1)
take effect--
(A) in the case of a State that has received a waiver under
section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)),
beginning on the date of enactment of this Act;
(B) in the case of a State that, before the date of
enactment of this Act, enacts a law prohibiting the sale of
motor vehicle fuel containing methyl tertiary butyl ether
that is to take effect earlier than the date specified in
subparagraph (C), beginning on the date that the prohibition
under State law takes effect; and
(C) in the case of any other State, beginning 270 days
after the date of enactment of this Act.
______

SA 3094. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr.
Durbin, and Mr. Johnson) to the bill S. 150, to make permanent the
moratorium on taxes on Internet access and multiple and discriminatory
taxes on electronic commerce imposed by the Internet Tax Freedom Act;
which was ordered to lie on the table; as follows:

Beginning on page 2, strike line 21 and all that follows
through page 3, line 9, and insert the following:
``(B) Renewable fuel.--
``(i) In general.--The term `renewable fuel' means--

``(I) motor vehicle fuel that--

``(aa)(AA) is produced from grain, starch, oilseeds, or
other biomass; or
``(BB) is natural gas produced from a biogas source,
including a landfill, sewage waste treatment plant, feedlot,
or other place where decaying organic material is found; and
``(bb) is used to replace or reduce the quantity of fossil
fuel present in a fuel mixture used to operate a motor
vehicle; and

``(II) a clean alternative fuel described in section
249(c)(2) that is used in any State.

______

SA 3095. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr.
Durbin, and Mr. Johnson) to the bill S. 150, to make permanent the
moratorium on taxes on Internet access and multiple and discriminatory
taxes on electronic commerce imposed by the Internet Tax Freedom Act;
which was ordered to lie on the table; as follows:

Beginning on page 10, strike line 19 and all that follows
through page 12, line 13.
______

SA 3096. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act; which was
ordered to lie on the table; as follows:

On page 46, line 3, insert ``and in the State of New York''
before the comma.
______

SA 3097. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act; which was
ordered to lie on the table; as follows:

On page 3, between lines 16 and 17, insert the following:
``(iii) Identification of renewable fuels by the secretary
of energy and the administrator.--

``(I) In general.--Not later than 270 days after the date
of enactment of this subsection, the Secretary of Energy and
the Administrator shall jointly determine which fuels meet
the definition of renewable fuel under this paragraph.
``(II) Requirement.--To meet the definition of renewable
fuel, the energy inputs of a fuel shall be less than the
energy outputs of the fuel.
``(III) Energy inputs.--For the purposes of subclause (ii),
energy inputs include--

``(aa) the production of fertilizer or seed;
``(bb) the use of gasoline, diesel fuel, or electricity;
``(cc) ground transportation of harvested corn;
``(dd) inputs to the production of capital equipment,
including farm machinery and ethanol equipment; and
``(ee) energy for irrigation.
______

SA 3098. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 3050 proposed by Mr. Daschle (for himself, Mr. Durbin,
and Mr. Johnson) to the bill S. 150, to make permanent the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act; which was
ordered to lie on the table; as follows:

Beginning on page 3, strike line 24 and all that follows
through page 6, line 15, and insert the following:
``(A) In general.--
``(i) Regulations.--Not later than 1 year after the
enactment of this subsection, the Administrator shall
promulgate regulations ensuring that motor vehicle fuel sold
or dispensed to consumers in the contiguous United States, on
an annual average basis, contains the applicable volume of
renewable fuel as specified in subparagraph (B).
``(ii) Contents.--Regardless of the date of promulgation,
the regulations--

``(I) shall contain compliance provisions applicable to
refineries, blenders, distributors, and importers, as
appropriate, to ensure that the requirements of this section
are met; and
``(II) shall provide that no refiner or blender shall
purchase renewable fuel from a producer that--

``(aa) in any civil or criminal administrative or judicial
proceeding, has been found to have engaged in price fixing or
any other form of market manipulation in violation of the
antitrust laws; and
``(bb) is identified in a list published jointly by the
Administrator and the Attorney General, including publication
on the Internet; but

``(III) shall not--

``(aa) restrict cases in which renewable fuel may be used;
or
``(bb) impose any per-gallon obligation for the use of
renewable fuel.
``(iii) No regulations.--If the Administrator does not
promulgate the regulations, the applicable percentage
referred to in paragraph (4), on a volume percentage of
gasoline basis, shall be 2.2 in 2005.
______

SA 3099. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 3080 submitted by Mr. ENZI and intended to be proposed to
the bill S. 150, to make permanent the moratorium on taxes on Internet
access and multiple and discriminatory taxes on electronic commerce
imposed by the Internet Tax Freedom Act; which was ordered to lie on
the table; as follows:

On page 1, line 7, strike ``May 31,'' and insert ``November
1,''.
______

SA 3100. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 3081 submitted by Mr. ENZI and intended to be proposed to
the bill S. 150, to make permanent the moratorium on taxes on Internet
access and multiple and discriminatory taxes on electronic commerce
imposed by the Internet Tax Freedom Act; which was ordered to lie on
the table; as follows:

On page 1, line 6, strike ``June 1,'' and insert ``November
1,''.

[[Page S4716]]

______

SA 3101. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 150, to make permanent the moratorium on taxes on
Internet access and multiple and discriminatory taxes on electronic
commerce imposed by the Internet Tax Freedom Act; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. 8. VOIP SERVICES.

Section 1108 of the Internet Tax Freedom Act (47 U.S.C. 151
note), as added by section 6, is amended to read as follows:

``SEC. 1108. VOIP SERVICES.

``Section 1101(a) shall not apply to the imposition or
collection of any tax, fee, or charge on a service advertised
or offered to consumers for the provision of realtime voice
telecommunications (as the term `telecommunications' is
defined in section 3(43) of the Communications Act of 1934
(47 U.S.C. 153(43)) regardless of whether such service
employs circuit-switched technology, packet-switched
technology, or any successor technology or transmission
protocol.''.
______

SA 3102. Mr. ENZI submitted an amendment intended to be proposed by
him to the bill S. 150, to make permanent the moratorium on taxes on
Internet access and multiple and discriminatory taxes on electronic
commerce imposed by the Internet Tax Freedom Act; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

``SEC. 1108. VOIP SERVICES.

``Notwithstanding any provision of this Act to the
contrary, section 1101(a) shall not apply to the imposition
or collection of any tax, fee, or charge on a service
advertised or offered to consumers for the provision of
realtime voice telecommunications (as the term
`telecommunications' is defined in section 3(43) of the
Communications Act of 1934 (47 U.S.C. 153(43)) regardless of
whether such service employs circuit-switched technology,
packet-switched technology, or any successor technology or
transmission protocol.''.
______

SA 3103. Mr. DURBIN submitted an amendment intended to be proposed by
him to make permanent the moratorium on taxes on Internet access and
multiple and discriminatory taxes on electronic commerce imposed by the
Internet Tax Freedom Act; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ------. ADDITIONAL EXCEPTION TO MORATORIUM.

Section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151
note), as amended by section 2 of this Act, is further
amended by adding at the end the following:
``(f) Additional Exception.--Subsection (a) shall also not
apply with respect to an Internet access provider for any
taxable period unless the provider reduces the amount it
charges each retail user of its Internet access service
during that taxable period by an amount that reflects, on a
per-subscriber basis, the amount by which--
``(1) the taxes on Internet access the Internet access
provider would have paid or incurred for that taxable period
under any State or local government tax law that was in
effect on October 31, 2003; exceeds
``(2) the taxes on Internet access actually paid or
incurred by the Internet access provider for that taxable
period.''.
______

SA 3104. Mr. McCAIN (for Mr. Lautenberg) proposed an amendment to
amendment SA 3048 proposed by Mr. McCain to the bill S. 150, to make
permanent the moratorium on taxes on Internet access and multiple and
discriminatory taxes on electronic commerce imposed by the Internet Tax
Freedom Act; as follows:

At the appropriate place, insert the following:

SEC. ----. GAO STUDY OF EFFECTS OF INTERNET TAX MORATORIUM ON
STATE AND LOCAL GOVERNMENTS AND ON BROADBAND
DEPLOYMENT.

The Comptroller General shall conduct a study of the impact
of the Internet tax moratorium, including its effects on the
revenues of State and local governments and on the deployment
and adoption of broadband technologies for Internet access
throughout the United States, including the impact of the
Internet Tax Freedom Act (47 U.S.C. 151 note) on build-out of
broadband technology resources in rural under served areas of
the country. The study shall compare deployment and adoption
rates in States that tax broadband Internet access service
with States that do not tax such service, and take into
account other factors to determine whether the Internet Tax
Freedom Act has had an impact on the deployment or adoption
of broadband Internet access services. The Comptroller
General shall report the findings, conclusions, and any
recommendations from the study to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce no later
than November 1, 2005.
______

SA 3105. Mr. McCAIN proposed an amendment to amendment SA 3048
proposed by Mr. McCain to the bill S. 150, to make permanent the
moratorium on taxes on Internet access and multiple and discriminatory
taxes on electronic commerce imposed by the Internet Tax Freedom Act;
as follows:

On page 8 strike lines 1 through 9 and insert the
following:

``SEC. 1108. EXCEPTION FOR VOICE SERVICES OVER THE INTERNET.

``Nothing in this Act shall be construed to affect the
imposition of tax on a charge for voice or similar service
utilizing Internet Protocol or any successor protocol. This
section shall not apply to any services that are incidental
to Internet access, such as voice-capable e-mail or instant
messaging''.
______

SA 3106. Mr. FRIST (for Ms. Snowe) proposed an amendment to the bill
S. 2267, to amend section 29(k) of the Small Business Act to establish
funding priorities for women's business centers; as follows:

On page 2, strike lines 9 through 14, and insert the
following:
``(ii) from the funds reserved under paragraph (4)(A), not
more than $125,000 to each eligible women's business center
established under subsection (l); and''

____________________