[Congressional Record (Bound Edition), Volume 150 (2004), Part 6]
[Senate]
[Pages 8089-8096]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           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;

[[Page 8090]]

       ``(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''.
       (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.--

[[Page 8091]]

       ``(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.
       ``(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.''.

[[Page 8092]]

       (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--
       ``(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

[[Page 8093]]

     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.
       ``(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

[[Page 8094]]

       ``(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 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.

[[Page 8095]]

       ``(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,''.
                                 ______
                                 
  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''.

[[Page 8096]]


                                 ______
                                 
  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''

                          ____________________