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S 442 105th Congress Senate

Internet Tax Freedom Act

Official title: A bill to establish a national policy against State and local government interference with interstate commerce on the Internet or interactive computer services… Show full official titleShow less

Official title: A bill to establish a national policy against State and local government interference with interstate commerce on the Internet or interactive computer services, and to exercise Congressional jurisdiction over interstate commerce by establishing a moratorium on the imposition of exactions that would interfere with the free flow of commerce via the Internet, and for other purposes.

Introduced: May 15, 1997 Introduced by: Wyden, Ron Democratic · Oregon See on congress.gov
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This bill died when the 105th Congress ended
It never became law before the 105th Congress (1997–1998) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 46 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Oct 27, 1998
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection, for a period to be subsequently determined by the Chairman.
Oct 21, 1998
Referred to House Ways and Means
Oct 21, 1998
Referred to House Government Reform
Oct 21, 1998
Referred to House Commerce
Oct 21, 1998
Referred to House Education and the Workforce
Oct 21, 1998
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Commerce, Government Reform and Oversight, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Oct 21, 1998
Referred to House Judiciary
Oct 21, 1998
See H.R.4105.
Oct 21, 1998
See H.R.3849.
Oct 21, 1998
See H.R.3529.
Oct 21, 1998
See H.R.1054.
Oct 21, 1998
Referred to the Subcommittee on Commercial and Administrative Law.
Oct 8, 1998
Held at the desk.
Oct 8, 1998
Message on Senate action sent to the House.
Oct 8, 1998
Received in the House.
Oct 8, 1998
Passed Senate with amendments by Yea-Nay Vote. 96-2. Record Vote No: 308.
Oct 8, 1998
Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay Vote. 96-2. Record Vote No: 308.
Oct 8, 1998
Previously agreed to Amendment SP 3718 was further modified by Unanimous Consent.
Oct 8, 1998
Considered by Senate. (consideration: CR S11847-11865)
Oct 7, 1998
The amendment (SP 3678), previously agreed to, was modified by Unanimous Consent.
Oct 7, 1998
Cloture invoked in Senate by Yea-Nay Vote. 94-4. Record Vote No: 302. (consideration: CR S11649)
Oct 7, 1998
Considered by Senate. (consideration: CR S11651-11670, S11675-11679, S11682-11691)
Oct 6, 1998
Considered by Senate. (consideration: CR S11572-11577)
Oct 2, 1998
Cloture motion presented in Senate. (consideration: CR S11307)
Oct 2, 1998
Considered by Senate. (consideration: CR S11305-11321, S11324-11325)
Oct 1, 1998
Measure laid before Senate by unanimous consent. (consideration: CR S11269-11272)
Oct 1, 1998
Motion to proceed to consideration of measure agreed to in Senate. (consideration: CR S11239)
Sep 30, 1998
Motion to proceed considered in Senate. (consideration: CR S11154, S11177-11178)
Sep 29, 1998
Motion to proceed considered in Senate. (consideration: CR S11085-11087, S11103)
Sep 29, 1998
Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 89-6. Record Vote No: 292. (consideration: CR S11085)
Sep 25, 1998
Cloture motion on the motion to proceed presented in Senate. (consideration: CR S10969-10970)
Sep 25, 1998
Motion to proceed to consideration of measure made in Senate. (consideration: CR S10969)
Aug 5, 1998
Star Print ordered on Senate Report 105-276.
Jul 30, 1998
Placed on Senate Legislative Calendar under General Orders. Calendar No. 509.
Jul 30, 1998
Committee on Finance. Reported to Senate by Senator Roth with an amendment in the nature of a substitute. With written report No. 105-276. Minority views filed.
Jul 28, 1998
Committee on Finance. Ordered to be reported with an amendment in the nature of a substitute favorably.
Jul 21, 1998
Referred to the Committee on Finance by unanimous consent for a period not to extend beyond July 30, 1998.
May 11, 1998
Sponsor introductory remarks on measure. (CR S4625-4626)
May 5, 1998
Placed on Senate Legislative Calendar under General Orders. 357.
May 5, 1998
Committee on Commerce. Reported to Senate by Senator McCain with an amendment in the nature of a substitute. With written report No. 105-184. Minority views filed.
Nov 4, 1997
Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.
Jun 26, 1997
Committee on Commerce. Committee consideration and Mark Up Session held.
May 22, 1997
Subcommittee on Communications. Hearings held. Hearings printed: S.Hrg. 105-435.
Mar 13, 1997
Introduced in Senate
Mar 13, 1997
Read twice and referred to the Committee on Commerce.
Mar 13, 1997
Sponsor introductory remarks on measure. (CR S2282-2283)
 Amendments to this bill 97

Amendments propose changes to this bill. Members vote on amendments separately before the final bill vote. An agreed amendment becomes part of the bill; a failed amendment does not.

25 agreed to 1 failed 71 pending / other

AmendmentSponsorPurposeStatusLatest action
SAMDT 3,719 – To make minor and technical changes in the moratorium provision. Agreed to Oct 8, 1998
SAMDT 3,718 – To revise the definitions of the terms "tax", "telecommunications service", and "tax on internet access", as … Agreed to Oct 8, 1998
SAMDT 3,711 – To define what is meant by the term "discriminatory tax" as used in the bill. Agreed to Oct 8, 1998
SAMDT 3,783 – To extend the ending date of the moratorium. Failed Oct 7, 1998
SAMDT 3,780 – To provide for an exception of the moratorium with respect to Internet access to such material by minors. Agreed to Oct 7, 1998
SAMDT 3,779 – To establish a definition of generally imposed and actually enforced. Agreed to Oct 7, 1998
SAMDT 3,760 – Relating to the duties of the Advisory Commission on Electronic Commerce. Agreed to Oct 7, 1998
SAMDT 3,735 – To make it clear that the delayed effective date for the Children's Online Privacy Act is keyed to the filing… Agreed to Oct 7, 1998
SAMDT 3,734 – To modify the Commission membership. Agreed to Oct 7, 1998
SAMDT 3,733 – To modify the report of the Commission. Agreed to Oct 7, 1998
SAMDT 3,732 – To modify the duties of the Commission. Agreed to Oct 7, 1998
SAMDT 3,727 – To include legislative recommendations in the Commission's report. Agreed to Oct 7, 1998
SAMDT 3,723 – To establish the relationship between the bill and certain other provisions of existing law, and to set forth… Agreed to Oct 7, 1998
SAMDT 3,722 – To direct the Commission to examine model State legislation. Agreed to Oct 7, 1998
SAMDT 3,721 – To make minor changes in the Commission established by the bill. Agreed to Oct 7, 1998
SAMDT 3,717 – To add a severability provisions for the entire bill. Agreed to Oct 7, 1998
SAMDT 3,713 – To correct a reference to "interstate", rather than "electronic" commerce. Agreed to Oct 7, 1998
SAMDT 3,712 – To define the term "Internet". Agreed to Oct 7, 1998
SAMDT 3,710 – To correct a reference to "consumers" to refer to "users". Agreed to Oct 7, 1998
SAMDT 3,695 – To exempt from the moratorium on Internet taxation any persons engaged in the business of selling or transfer… Agreed to Oct 7, 1998
SAMDT 3,678 – To reduce government paperwork. Agreed to Oct 7, 1998
SAMDT 3,743 – To provide support for certain institutes and schools. Agreed to Oct 6, 1998
SAMDT 3,742 – To require persons selling tangible personal property via the Internet to disclose to purchasers that they ma… Agreed to Oct 6, 1998
SAMDT 3,729 – To require a supermajority of both Houses to extend the moratorium. Agreed to Oct 6, 1998
SAMDT 3,679 – To add the provisions of S. 2326, as ordered reported by the Committee on Commerce, Science, and Transportati… Agreed to Oct 2, 1998
SAMDT 3,677 – To authorize collection of certain State and local taxes with respect to the sale, delivery, and use of tangi… Agreed to Oct 2, 1998
SAMDT 3,781 – – Pending –
SAMDT 3,778 – – Pending –
SAMDT 3,777 – – Pending –
SAMDT 3,776 – – Pending –
SAMDT 3,775 – – Pending –
SAMDT 3,774 Wyden, Ron – Pending –
SAMDT 3,773 – – Pending –
SAMDT 3,772 – – Pending –
SAMDT 3,771 – – Pending –
SAMDT 3,770 – – Pending –
SAMDT 3,769 – – Pending –
SAMDT 3,768 – – Pending –
SAMDT 3,767 – – Pending –
SAMDT 3,766 – – Pending –
SAMDT 3,765 – – Pending –
SAMDT 3,764 – – Pending –
SAMDT 3,763 – – Pending –
SAMDT 3,762 – – Pending –
SAMDT 3,761 – – Pending –
SAMDT 3,759 – – Pending –
SAMDT 3,758 – – Pending –
SAMDT 3,757 – – Pending –
SAMDT 3,756 – – Pending –
SAMDT 3,755 – – Pending –

Showing the 50 most recent of 97 amendments.

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 Latest action October 27, 1998

Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection, for a period to be subsequently determined by the Chairman.

 Plain-English summary Congressional Research Service

TABLE OF CONTENTS:

Title I: Moratorium on Certain Taxes

Title II: Other Provisions

Internet Tax Freedom Act - Title I: Moratorium on Certain Taxes - Prohibits a State or political subdivision thereof from imposing the following taxes on Internet transactions occurring during the period beginning on July 29, 1998, and ending two years after the date of enactment of this Act: (1) taxes on Internet access; (2) bit taxes; or (3) multiple or discriminatory taxes on electronic commerce. Provides an exception from such moratorium for Internet access offered as part of a package of other services, unless the service provider separately states the portion of the user's bill that applies to Internet access.

(Sec. 102) Establishes the Advisory Commission on Electronic Commerce to study and report to the Congress on Federal, State, local, and international taxation and tariff treatment of transactions using the Internet and Internet access and other comparable interstate or international sales activities.

Title II: Other Provisions - Expresses the sense of the Congress that no new Federal taxes similar to the taxes described above should be enacted with respect to the Internet and Internet access during the moratorium period.

(Sec. 202) Amends the Trade Act of 1974 to direct the U.S. Trade Representative to identify and analyze foreign acts, policies, or practices which constitute significant barriers to U.S. electronic commerce, as well as to estimate the value of additional U.S. electronic commerce that would have been exported into, or invested in, such country except for such acts, policies, or practices.

(Sec. 203) Expresses the sense of the Congress that the President should seek bilateral, regional, and multilateral agreements to remove barriers to global electronic commerce through specified international organizations and other appropriate venues. Includes as negotiating objectives under such agreements: (1) to assure that electronic commerce is free from tariff and nontariff barriers, burdensome and discriminatory regulation, and discriminatory taxation; and (2) to accelerate the growth of electronic commerce by expanding market access opportunities for the development of telecommunications infrastructure, the procurement of telecommunications equipment, the provision of Internet access and telecommunications services, and the exchange of goods, services, and digitalized information.

 Related & companion bills 4
  • HR 4105 Companion bill Internet Tax Freedom Act
  • HR 3849 Related bill Internet Tax Freedom Act
  • HR 1054 Procedurally related Internet Tax Freedom Act
  • HR 3529 Procedurally related Internet Tax Freedom Act of 1998
 Bill text 5 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 10
 Cosponsors 1
All 1 Democratic 1
D
Murray, Patty
Washington · May 15, 1997
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APA
U.S. Congress. (2026). S. 442: Internet Tax Freedom Act. 105th Congress. Open America. https://openamerica.io/bill/105-S-442/
MLA
"S. 442: Internet Tax Freedom Act." 105th Congress, 2026, Open America, https://openamerica.io/bill/105-S-442/.
Bluebook (legal)
S. 442, 105th Cong. (2026), https://openamerica.io/bill/105-S-442/.
Markdown link
[S. 442: Internet Tax Freedom Act](https://openamerica.io/bill/105-S-442/)
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