[Congressional Record Volume 153, Number 163 (Thursday, October 25, 2007)]
[Senate]
[Pages S13459-S13463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3455. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
as follows:

       Strike subsection (a) of section 219.
                                 ______
                                 
  SA 3456. Mr. SUNUNU proposed an amendment to the bill S. 294, to 
reauthorize Amtrak, and for other purposes; as follows:

       On page 35, strike line 1 and all that follows through 
     ``(A)'' on line 4 and insert the following:
       ``(b) Implementation.--Pursuant to any rules or regulations 
     promulgated under subsection (a)
       On page 35, strike lines 11 through 16.
                                 ______
                                 
  SA 3457. Mrs. MURRAY proposed an amendment to the bill S. 294, to 
reauthorize Amtrak, and for other purposes; as follows:


[[Page S13460]]


       On page 189, after line 25, add the following:

                         TITLE V--MISCELLANEOUS

     SEC. 501. STRATEGIC PLAN ON EXPANDED CROSS-BORDER PASSENGER 
                   RAIL SERVICE DURING THE 2010 OLYMPIC GAMES.

       Not later than 120 days after the date of the enactment of 
     this Act, Amtrak shall, in consultation with the Secretary of 
     Homeland Security, the Washington State Department of 
     Transportation, and the Burlington Northern Santa Fe 
     Railway--
       (1) develop a strategic plan to facilitate expanded 
     passenger rail service across the international border 
     between the United States and Canada during the 2010 Olympic 
     Games on the Amtrak passenger rail route between Vancouver, 
     British Columbia, Canada, and Eugene, Oregon (commonly known 
     as ``Amtrak Cascades'');
       (2) develop recommendations for the Department of Homeland 
     Security to process efficiently rail passengers traveling on 
     Amtrak Cascades across such international border during the 
     2010 Olympic Games; and
       (3) submit to Congress a report containing the strategic 
     plan described in paragraph (1) and the recommendations 
     described in paragraph (2).
                                 ______
                                 
  SA 3458. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 294, to reauthorize Amtrak, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 189, after line 25, add the following:

                         TITLE V--MISCELLANEOUS

     SEC. 501. COMPREHENSIVE PRECLEARANCE INSPECTIONS FOR RAIL 
                   PASSENGERS TRAVELING INTO THE UNITED STATES ON 
                   THE AMTRAK CASCADES ROUTE.

       (a) In General.--Not later than December 31, 2009, the 
     Secretary of Homeland Security shall provide comprehensive 
     preclearance inspections, including customs inspections, at 
     the Pacific Central Station in Vancouver, British Columbia, 
     Canada, for passengers traveling into the United States on 
     the Amtrak passenger rail route that travels between 
     Vancouver, British Columbia, Canada, and Eugene, Oregon 
     (commonly known as ``Amtrak Cascades'').
       (b) Progress Reports.--Not later than 180 days and 1 year 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall submit to Congress a report 
     describing the progress of the Department of Homeland 
     Security toward providing the comprehensive preclearance 
     inspections described in subsection (a).
                                 ______
                                 
  SA 3459. Mrs. MURRAY proposed an amendment to the bill S. 294, to 
reauthorize Amtrak, and for other purposes; as follows:

       On page 33, between lines 10 and 11, insert the following:

     SEC. 210A. REPORT ON SERVICE DELAYS ON CERTAIN PASSENGER RAIL 
                   ROUTES.

       Not later than 120 days after the date of the enactment of 
     this Act, the Inspector General of the Department of 
     Transportation shall submit to Congress a report that--
       (1) describes service delays and the sources of such delays 
     on--
       (A) the Amtrak passenger rail route between Seattle, 
     Washington, and Los Angeles, California (commonly known as 
     the ``Coast Starlight''); and
       (B) the Amtrak passenger rail route between Vancouver, 
     British Columbia, Canada, and Eugene, Oregon (commonly known 
     as ``Amtrak Cascades''); and
       (2) contains recommendations for improving the on-time 
     performance of such routes.
                                 ______
                                 
  SA 3460. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
as follows:

       On page 63, line 9, insert ``, infrastructure,'' after 
     ``facilities''.
                                 ______
                                 
  SA 3461. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
as follows:

       At the end of title III, add the following:

     SEC. 306. PASSENGER RAIL SYSTEM COMPARISON STUDY.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall complete a study that compares the 
     passenger rail system in the United States with the passenger 
     rail systems in Canada, Germany, Great Britain, and Japan.
       (b) Issues To Be Studied.--The study conducted under 
     subsection (a) shall include a country-by-country comparison 
     of--
       (1) the development of high speed rail;
       (2) passenger rail operating costs;
       (3) the amount and payment source of rail line construction 
     and maintenance costs;
       (4) the amount and payment source of station construction 
     and maintenance costs;
       (5) passenger rail debt service costs;
       (6) passenger rail labor agreements and associated costs;
       (7) the net profit realized by the major passenger rail 
     service providers in each of the 4 most recent quarters;
       (8) the percentage of the passenger rail system's costs 
     that are paid from general government revenues; and
       (9) the method used by the government to provide the 
     subsidies described in paragraph (8).
       (c) Report.--Not later than 180 days after the completion 
     of the study under subsection (a), the Comptroller General 
     shall submit a report containing the findings of such study 
     to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
                                 ______
                                 
  SA 3462. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AFFIRMATION THAT ANY OFFENSIVE MILITARY ACTION TAKEN 
                   AGAINST IRAN SHALL BE EXPLICITLY APPROVED BY 
                   CONGRESS BEFORE SUCH ACTION MAY BE INITIATED.

       The Senate hereby affirms that--
       (1) Article I, Section 8, of the Constitution of the United 
     States vests in Congress all power to declare war; and
       (2) any offensive military action taken by the United 
     States against Iran must be explicitly approved by Congress 
     before such action may be initiated.
                                 ______
                                 
  SA 3463. Mr. CARDIN (for himself, Mr. Warner, Ms. Mikulski and Mr. 
Webb) submitted an amendment intended to be proposed by him to the bill 
S. 294, to reauthorize Amtrak, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

    TITLE V--NATIONAL CAPITAL TRANSPORTATION AMENDMENTS ACT OF 2007

     SEC. 501. SHORT TITLE; FINDINGS.

       (a) Short Title.--This title may be cited as the ``National 
     Capital Transportation Amendments Act of 2007''.
       (b) Findings.--Congress finds as follows:
       (1) Metro, the public transit system of the Washington 
     metropolitan area, is essential for the continued and 
     effective performance of the functions of the Federal 
     Government, and for the orderly movement of people during 
     major events and times of regional or national emergency.
       (2) On 3 occasions, Congress has authorized appropriations 
     for the construction and capital improvement needs of the 
     Metrorail system.
       (3) Additional funding is required to protect these 
     previous Federal investments and ensure the continued 
     functionality and viability of the original 103-mile 
     Metrorail system.

     SEC. 502. FEDERAL CONTRIBUTION FOR CAPITAL PROJECTS FOR 
                   WASHINGTON METROPOLITAN AREA TRANSIT SYSTEM.

       The National Capital Transportation Act of 1969 (sec. 9-
     1111.01 et seq., D.C. Official Code) is amended by adding at 
     the end the following new section:


  ``AUTHORIZATION OF ADDITIONAL FEDERAL CONTRIBUTION FOR CAPITAL AND 
                    PREVENTIVE MAINTENANCE PROJECTS

       ``Sec. 18.  (a) Authorization.--Subject to the succeeding 
     provisions of this section, the Secretary of Transportation 
     is authorized to make grants to the Transit Authority, in 
     addition to the contributions authorized under sections 3, 
     14, and 17, for the purpose of financing in part the capital 
     and preventive maintenance projects included in the Capital 
     Improvement Program approved by the Board of Directors of the 
     Transit Authority.
       ``(b) Use of Funds.--The Federal grants made pursuant to 
     the authorization under this section shall be subject to the 
     following limitations and conditions:
       ``(1) The work for which such Federal grants are authorized 
     shall be subject to the provisions of the Compact (consistent 
     with the amendments to the Compact described in subsection 
     (d)).
       ``(2) Each such Federal grant shall be for 50 percent of 
     the net project cost of the project involved, and shall be 
     provided in cash from sources other than Federal funds or 
     revenues from the operation of public mass transportation 
     systems. Consistent with the terms of the amendment to the 
     Compact described in subsection (d)(1), any funds so provided 
     shall be solely from undistributed cash surpluses, 
     replacement or depreciation funds or reserves available in 
     cash, or new capital.
       ``(c) Applicability of Requirements For Mass Transportation 
     Capital Projects Receiving Funds Under Federal Transportation 
     Law.--Except as specifically provided in this section, the 
     use of any amounts appropriated pursuant to the authorization 
     under this section shall be subject to the requirements 
     applicable to capital projects for which funds are provided 
     under chapter 53 of title 49, United States Code, except to 
     the extent that the Secretary of Transportation determines 
     that the requirements are inconsistent with the purposes of 
     this section.
       ``(d) Amendments to Compact.--No amounts may be provided to 
     the Transit Authority pursuant to the authorization under 
     this section until the Transit Authority notifies the 
     Secretary of Transportation that each of the following 
     amendments to the Compact (and any further amendments

[[Page S13461]]

     which may be required to implement such amendments) have 
     taken effect:
       ``(1)(A) An amendment requiring that all payments by the 
     local signatory governments for the Transit Authority for the 
     purpose of matching any Federal funds appropriated in any 
     given year authorized under subsection (a) for the cost of 
     operating and maintaining the adopted regional system are 
     made from amounts derived from dedicated funding sources.
       ``(B) For purposes of this paragraph, the term `dedicated 
     funding source' means any source of funding which is 
     earmarked or required under State or local law to be used to 
     match Federal appropriations authorized under this Act for 
     payments to the Transit Authority.
       ``(2) An amendment establishing the Office of the Inspector 
     General of the Transit Authority in accordance with section 3 
     of the National Capital Transportation Amendments Act of 
     2007.
       ``(3) An amendment expanding the Board of Directors of the 
     Transit Authority to include 4 additional Directors appointed 
     by the Administrator of General Services, of whom 2 shall be 
     nonvoting and 2 shall be voting, and requiring one of the 
     voting members so appointed to be a regular passenger and 
     customer of the bus or rail service of the Transit Authority.
       ``(e) Amount.--There are authorized to be appropriated to 
     the Secretary of Transportation for grants under this section 
     an aggregate amount not to exceed $1,500,000,000 to be 
     available in increments over 10 fiscal years beginning in 
     fiscal year 2009, or until expended.
       ``(f) Availability.--Amounts appropriated pursuant to the 
     authorization under this section--
       ``(1) shall remain available until expended; and
       ``(2) shall be in addition to, and not in lieu of, amounts 
     available to the Transit Authority under chapter 53 of title 
     49, United States Code, or any other provision of law.
       ``(g) Access to Wireless Services in Metrorail System.--
       ``(1) Requiring transit authority to provide access to 
     service.--No amounts may be provided to the Transit Authority 
     pursuant to the authorization under this section unless the 
     Transit Authority ensures that customers of the rail service 
     of the Transit Authority have access within the rail system 
     to services provided by any licensed wireless provider that 
     notifies the Transit Authority (in accordance with such 
     procedures as the Transit Authority may adopt) of its intent 
     to offer service to the public, in accordance with the 
     following timetable:
       ``(A) Not later than 1 year after the date of the enactment 
     of the National Capital Transportation Amendments Act of 
     2007, in the 20 underground rail station platforms with the 
     highest volume of passenger traffic.
       ``(B) Not later than 4 years after such date, throughout 
     the rail system.
       ``(2) Access of wireless providers to system for upgrades 
     and maintenance.--No amounts may be provided to the Transit 
     Authority pursuant to the authorization under this section 
     unless the Transit Authority ensures that each licensed 
     wireless provider who provides service to the public within 
     the rail system pursuant to paragraph (1) has access to the 
     system on an ongoing basis (subject to such restrictions as 
     the Transit Authority may impose to ensure that such access 
     will not unduly impact rail operations or threaten the safety 
     of customers or employees of the rail system) to carry out 
     emergency repairs, routine maintenance, and upgrades to the 
     service.
       ``(3) Permitting reasonable and customary charges.--Nothing 
     in this subsection may be construed to prohibit the Transit 
     Authority from requiring a licensed wireless provider to pay 
     reasonable and customary charges for access granted under 
     this subsection.
       ``(4) Reports.--Not later than 1 year after the date of the 
     enactment of the National Capital Transportation Amendments 
     Act of 2007, and each of the 3 years thereafter, the Transit 
     Authority shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report on the implementation of this 
     subsection.
       ``(5) Definition.--In this subsection, the term `licensed 
     wireless provider' means any provider of wireless services 
     who is operating pursuant to a Federal license to offer such 
     services to the public for profit.''.

     SEC. 503. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 
                   INSPECTOR GENERAL.

       (a) Establishment of Office.--
       (1) In general.--The Washington Metropolitan Area Transit 
     Authority (hereafter referred to as the ``Transit 
     Authority'') shall establish in the Transit Authority the 
     Office of the Inspector General (hereafter in this section 
     referred to as the ``Office''), headed by the Inspector 
     General of the Transit Authority (hereafter in this section 
     referred to as the ``Inspector General'').
       (2) Definition.--In paragraph (1), the ``Washington 
     Metropolitan Area Transit Authority'' means the Authority 
     established under Article III of the Washington Metropolitan 
     Area Transit Authority Compact (Public Law 89-774).
       (b) Inspector General.--
       (1) Appointment.--The Inspector General shall be appointed 
     by the vote of a majority of the Board of Directors of the 
     Transit Authority, and shall be appointed without regard to 
     political affiliation and solely on the basis of integrity 
     and demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, or 
     investigations, as well as familiarity or experience with the 
     operation of transit systems.
       (2) Term of service.--The Inspector General shall serve for 
     a term of 5 years, and an individual serving as Inspector 
     General may be reappointed for not more than 2 additional 
     terms.
       (3) Removal.--The Inspector General may be removed from 
     office prior to the expiration of his term only by the 
     unanimous vote of all of the members of the Board of 
     Directors of the Transit Authority, and the Board shall 
     communicate the reasons for any such removal to the Governor 
     of Maryland, the Governor of Virginia, the Mayor of the 
     District of Columbia, the chair of the Committee on 
     Government Reform of the House of Representatives, and the 
     chair of the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (c) Duties.--
       (1) Applicability of duties of inspector general of 
     executive branch establishment.--The Inspector General shall 
     carry out the same duties and responsibilities with respect 
     to the Transit Authority as an Inspector General of an 
     establishment carries out with respect to an establishment 
     under section 4 of the Inspector General Act of 1978 (5 
     U.S.C. App. 4), under the same terms and conditions which 
     apply under such section.
       (2) Conducting annual audit of financial statements.--The 
     Inspector General shall be responsible for conducting the 
     annual audit of the financial accounts of the Transit 
     Authority, either directly or by contract with an independent 
     external auditor selected by the Inspector General.
       (3) Reports.--
       (A) Semiannual reports to transit authority.--The Inspector 
     General shall prepare and submit semiannual reports 
     summarizing the activities of the Office in the same manner, 
     and in accordance with the same deadlines, terms, and 
     conditions, as an Inspector General of an establishment under 
     section 5 of the Inspector General Act of 1978 (5 U.S.C. App. 
     5). For purposes of applying section 5 of such Act to the 
     Inspector General, the Board of Directors of the Transit 
     Authority shall be considered the head of the establishment, 
     except that the Inspector General shall transmit to the 
     General Manager of the Transit Authority a copy of any report 
     submitted to the Board pursuant to this paragraph.
       (B) Annual reports to local signatory governments and 
     congress.--Not later than January 15 of each year, the 
     Inspector General shall prepare and submit a report 
     summarizing the activities of the Office during the previous 
     year, and shall submit such reports to the Governor of 
     Maryland, the Governor of Virginia, the Mayor of the District 
     of Columbia, the chair of the Committee on Government Reform 
     of the House of Representatives, and the chair of the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate.
       (4) Investigations of complaints of employees and 
     members.--
       (A) Authority.--The Inspector General may receive and 
     investigate complaints or information from an employee or 
     member of the Transit Authority concerning the possible 
     existence of an activity constituting a violation of law, 
     rules, or regulations, or mismanagement, gross waste of 
     funds, abuse of authority, or a substantial and specific 
     danger to the public health and safety.
       (B) Nondisclosure.--The Inspector General shall not, after 
     receipt of a complaint or information from an employee or 
     member, disclose the identity of the employee or member 
     without the consent of the employee or member, unless the 
     Inspector General determines such disclosure is unavoidable 
     during the course of the investigation.
       (C) Prohibiting retaliation.--An employee or member of the 
     Transit Authority who has authority to take, direct others to 
     take, recommend, or approve any personnel action, shall not, 
     with respect to such authority, take or threaten to take any 
     action against any employee or member as a reprisal for 
     making a complaint or disclosing information to the Inspector 
     General, unless the complaint was made or the information 
     disclosed with the knowledge that it was false or with 
     willful disregard for its truth or falsity.
       (5) Independence in carrying out duties.--Neither the Board 
     of Directors of the Transit Authority, the General Manager of 
     the Transit Authority, nor any other member or employee of 
     the Transit Authority may prevent or prohibit the Inspector 
     General from carrying out any of the duties or 
     responsibilities assigned to the Inspector General under this 
     section.
       (d) Powers.--
       (1) In general.--The Inspector General may exercise the 
     same authorities with respect to the Transit Authority as an 
     Inspector General of an establishment may exercise with 
     respect to an establishment under section 6(a) of the 
     Inspector General Act of 1978 (5 U.S.C. App. 6(a)), other 
     than paragraphs (7), (8), and (9) of such section.
       (2) Staff.--
       (A) Assistant inspector generals and other staff.--The 
     Inspector General shall appoint and fix the pay of--
       (i) an Assistant Inspector General for Audits, who shall be 
     responsible for coordinating the activities of the Inspector 
     General relating to audits;

[[Page S13462]]

       (ii) an Assistant Inspector General for Investigations, who 
     shall be responsible for coordinating the activities of the 
     Inspector General relating to investigations; and
       (iii) such other personnel as the Inspector General 
     considers appropriate.
       (B) Independence in appointing staff.--No individual may 
     carry out any of the duties or responsibilities of the Office 
     unless the individual is appointed by the Inspector General, 
     or provides services procured by the Inspector General, 
     pursuant to this paragraph. Nothing in this subparagraph may 
     be construed to prohibit the Inspector General from entering 
     into a contract or other arrangement for the provision of 
     services under this section.
       (C) Applicability of transit system personnel rules.--None 
     of the regulations governing the appointment and pay of 
     employees of the Transit System shall apply with respect to 
     the appointment and compensation of the personnel of the 
     Office, except to the extent agreed to by the Inspector 
     General. Nothing in the previous sentence may be construed to 
     affect subparagraphs (A) through (B).
       (3) Equipment and supplies.--The General Manager of the 
     Transit Authority shall provide the Office with appropriate 
     and adequate office space, together with such equipment, 
     supplies, and communications facilities and services as may 
     be necessary for the operation of the Office, and shall 
     provide necessary maintenance services for such office space 
     and the equipment and facilities located therein.
       (e) Transfer of Functions.--To the extent that any office 
     or entity in the Transit Authority prior to the appointment 
     of the first Inspector General under this section carried out 
     any of the duties and responsibilities assigned to the 
     Inspector General under this section, the functions of such 
     office or entity shall be transferred to the Office upon the 
     appointment of the first Inspector General under this 
     section.

     SEC. 504. STUDY AND REPORT BY COMPTROLLER GENERAL.

       (a) Study.--The Comptroller General shall conduct a study 
     on the use of the funds provided under section 18 of the 
     National Capital Transportation Act of 1969 (as added by this 
     title).
       (b) Report.--Not later than 3 years after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Committee on Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate on the study conducted 
     under subsection (a).
                                 ______
                                 
  SA 3464. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 10, between lines 12 and 13, insert the following:

     SEC. 200. MISSION.

       Section 24101 is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Mission.--
       ``(1) In general.--The mission of Amtrak is to provide 
     efficient and effective intercity passenger mobility in those 
     travel markets in which passenger rail offers a trip-time and 
     service quality competitive or complementary travel option 
     consistent with the goal of continual reduction in Federal 
     operating subsidies required to provide such service.
       ``(2) Performance measurement.--All measurements of Amtrak 
     performance, including decisions on whether, and to what 
     extent, to provide operating subsidies, shall be based on the 
     Amtrak's ability to carry out the mission described in 
     paragraph (1).''.
       On page 33, line 3, strike ``may'' and insert ``shall''.
                                 ______
                                 
  SA 3465. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 33, between lines 10 and 11, insert the following:

     SEC. 210A. REPORT ON THE FEASIBILITY OF REESTABLISHING AN 
                   AMTRAK ROUTE THROUGH SOUTHERN MONTANA.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Transportation, 
     in consultation with the Montana Department of Transportation 
     and such other States and organizations as the Secretary 
     determines appropriate, shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report on the feasibility of 
     reestablishing an Amtrak passenger rail route through 
     southern Montana (formerly known as the ``North Coast 
     Hiawatha'').
       (b) Contents of Report.--The report required by subsection 
     (a) shall include an assessment of--
       (1) the costs associated with the operation of a passenger 
     rail route through southern Montana and any upgrades 
     necessary to reestablish the route;
       (2) the numbers of passengers projected to use the route;
       (3) the economic benefits to the region of a passenger rail 
     route through southern Montana;
       (4) any impact on the existing Amtrak passenger rail route 
     through northern Montana (commonly known as the ``Empire 
     Builder''); and
       (5) the availability of other modes of long-distance travel 
     to residents of southern Montana.
                                 ______
                                 
  SA 3466. Mr. REID (for Mr. Sununu (for himself, Mr. Carper, Mr. 
Stevens, Mr. Inouye, Mr. McCain, Mr. McConnell, Mr. Alexander, Mrs. 
Hutchison, and Mr. Brownback)) proposed an amendment to the bill H.R. 
3678, to amend the Internet Tax Freedom Act to extend the moratorium on 
certain taxes relating to the Internet and to electronic commerce; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Internet Tax Freedom Act 
     Amendments Act of 2007''.

     SEC. 2. MORATORIUM.

       The Internet Tax Freedom Act (47 U.S.C. 151 note) is 
     amended--
       (1) in section 1101(a) by striking ``2007'' and inserting 
     ``2014'', and
       (2) in section 1104(a)(2)(A) by striking ``2007'' and 
     inserting ``2014''.

     SEC. 3. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS.

       Section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 
     note) is amended by adding at the end the following:
       ``(c) Application of Definition.--
       ``(1) In general.--Effective as of November 1, 2003--
       ``(A) for purposes of subsection (a), the term `Internet 
     access' shall have the meaning given such term by section 
     1104(5) of this Act, as enacted on October 21, 1998; and
       ``(B) for purposes of subsection (b), the term `Internet 
     access' shall have the meaning given such term by section 
     1104(5) of this Act as enacted on October 21, 1998, and 
     amended by section 2(c) of the Internet Tax Nondiscrimination 
     Act (Public Law 108-435).
       ``(2) Exceptions.--Paragraph (1) shall not apply until June 
     30, 2008, to a tax on Internet access that is--
       ``(A) generally imposed and actually enforced on 
     telecommunications service purchased, used, or sold by a 
     provider of Internet access, but only if the appropriate 
     administrative agency of a State or political subdivision 
     thereof issued a public ruling prior to July 1, 2007, that 
     applied such tax to such service in a manner that is 
     inconsistent with paragraph (1); or
       ``(B) the subject of litigation instituted in a judicial 
     court of competent jurisdiction prior to July 1, 2007, in 
     which a State or political subdivision is seeking to enforce, 
     in a manner that is inconsistent with paragraph (1), such tax 
     on telecommunications service purchased, used, or sold by a 
     provider of Internet access.
       ``(3) No inference.--No inference of legislative 
     construction shall be drawn from this subsection or the 
     amendments to section 1105(5) made by the Internet Tax 
     Freedom Act Amendments Act of 2007 for any period prior to 
     June 30, 2008, with respect to any tax subject to the 
     exceptions described in subparagraphs (A) and (B) of 
     paragraph (2).''.

     SEC. 4. DEFINITIONS.

       Section 1105 of the Internet Tax Freedom Act (47 U.S.C. 151 
     note) is amended--
       (1) in paragraph (1) by striking ``services'',
       (2) by amending paragraph (5) to read as follows:
       ``(5) Internet access.--The term `Internet access'--
       ``(A) means a service that enables users to connect to the 
     Internet to access content, information, or other services 
     offered over the Internet;
       ``(B) includes the purchase, use or sale of 
     telecommunications by a provider of a service described in 
     subparagraph (A) to the extent such telecommunications are 
     purchased, used or sold--
       ``(i) to provide such service; or
       ``(ii) to otherwise enable users to access content, 
     information or other services offered over the Internet;
       ``(C) includes services that are incidental to the 
     provision of the service described in subparagraph (A) when 
     furnished to users as part of such service, such as a home 
     page, electronic mail and instant messaging (including voice- 
     and video-capable electronic mail and instant messaging), 
     video clips, and personal electronic storage capacity;
       ``(D) does not include voice, audio or video programming, 
     or other products and services (except services described in 
     subparagraph (A), (B), (C), or (E) that utilize Internet 
     protocol or any successor protocol and for which there is a 
     charge, regardless of whether such charge is separately 
     stated or aggregated with the charge for services described 
     in subparagraph (A), (B), (C), or (E); and
       ``(E) includes a home page electronic mail and instant 
     messaging (including voice--and video--capable electronic 
     mail and instant messaging), video clips, and personal 
     electronic storage capacity, that are provided independently 
     or not packaged with Internet access.'';
       (3) by amending paragraph (9) to read as follows:
       ``(9) Telecommunications.--The term `telecommunications' 
     means `telecommunications' as such term is defined in section 
     3(43) of the Communications Act of 1934 (47 U.S.C. 153(43)) 
     and `telecommunications service' as such term is defined in 
     section 3(46) of

[[Page S13463]]

     such Act (47 U.S.C. 153(46)), and includes communications 
     services (as defined in section 4251 of the Internal Revenue 
     Code of 1986 (26 U.S.C. 4251)).'', and
       (4) in paragraph (10) by adding at the end the following:
       ``(C) Specific exception.--
       ``(i) Specified taxes.--Effective November 1, 2007, the 
     term `tax on Internet access' also does not include a State 
     tax expressly levied on commercial activity, modified gross 
     receipts, taxable margin, or gross income of the business, by 
     a State law specifically using one of the foregoing terms, 
     that--

       ``(I) was enacted after June 20, 2005, and before November 
     1, 2007 (or, in the case of a State business and occupation 
     tax, was enacted after January 1, 1932, and before January 1, 
     1936);
       ``(II) replaced, in whole or in part, a modified value-
     added tax or a tax levied upon or measured by net income, 
     capital stock, or net worth (or, is a State business and 
     occupation tax that was enacted after January 1, 1932 and 
     before January 1, 1936);
       ``(III) is imposed on a broad range of business activity; 
     and
       ``(IV) is not discriminatory in its application to 
     providers of communication services, Internet access, or 
     telecommunications.

       ``(ii) Modifications.--Nothing in this subparagraph shall 
     be construed as a limitation on a State's ability to make 
     modifications to a tax covered by clause (i) of this 
     subparagraph after November 1, 2007, as long as the 
     modifications do not substantially narrow the range of 
     business activities on which the tax is imposed or otherwise 
     disqualify the tax under clause (i).
       ``(iii) No inference.--No inference of legislative 
     construction shall be drawn from this subparagraph regarding 
     the application of subparagraph (A) or (B) to any tax 
     described in clause (i) for periods prior to November 1, 
     2007.''.

     SEC. 5. CONFORMING AMENDMENTS.

       (a) Accounting Rule.--Section 1106 of the Internet Tax 
     Freedom Act (47 U.S.C. 151 note) is amended--
       (1) by striking ``telecommunications services'' each place 
     it appears and inserting ``telecommunications'', and
       (2) in subsection (b)(2)--
       (A) in the heading by striking ``services'',
       (B) by striking ``such services'' and inserting ``such 
     telecommunications'', and
       (C) by inserting before the period at the end the 
     following: ``or to otherwise enable users to access content, 
     information or other services offered over the Internet''.
       (b) Voice Services.--The Internet Tax Freedom Act (47 
     U.S.C. 151 note) is amended by striking section 1108.

     SEC. 6. SUNSET OF GRANDFATHER PROVISIONS.

       Section 1104(a) of the Internet Tax Freedom Act is amended 
     by adding at the end thereof the following:
       ``(3) Exception.--Paragraphs (1) and (2) shall not apply to 
     any State that has, more than 24 months prior to the date of 
     enactment of this paragraph, enacted legislation to repeal 
     the State's taxes on Internet access or issued a rule or 
     other proclamation made by the appropriate agency of the 
     State that such State agency has decided to no longer apply 
     such tax to Internet access.''.

     SEC. 7. EFFECTIVE DATE.

       This Act, and the amendments made by this Act, shall take 
     effect on November 1, 2007, and shall apply with respect to 
     taxes in effect as of such date or thereafter enacted, except 
     as provided in section 1104 of the Internet Tax Freedom Act 
     (47 U.S.C. 151 note).
                                 ______
                                 
  SA 3467. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 224. DISCLOSURE OF PER PASSENGER FEDERAL SUBSIDIES.

       Amtrak shall publicly disclose all the costs incurred for 
     each Amtrak route that are subsidized by the Federal 
     Government, including costs for maintenance, depreciation, 
     and operations. The specific per-passenger Federal subsidy on 
     each route shall be displayed on every ticket purchased for 
     that route and on Amtrak's publicly accessible website.
                                 ______
                                 
  SA 3468. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 33, strike line 22 and all that follows through 
     page 34, line 5, and insert the following:
       ``(1) any qualified rail operator or transportation company
                                 ______
                                 
  SA 3469. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 15, line 21, strike ``(b)'' and insert the 
     following:
       (b) Categorization of Revenues and Expenses.--
       (1) In general.--In carrying out subsection (a), the Amtrak 
     Board of Directors shall separately categorize routes, 
     assigned revenues, and attributable expenses by type of 
     service, including long distance routes, State-sponsored 
     routes, commuter contract routes, and Northeast Corridor 
     routes.
       (2) Northeast corridor.--Amtrak revenues generated by 
     freight and commuter railroads operating on the Northeast 
     Corridor shall be separately listed to include the charges 
     per car mile assessed by Amtrak to other freight and commuter 
     railroad entities.
       (3) Fixed overhead expenses.--Fixed overhead expenses that 
     are not directly assigned or attributed to any route (or 
     group of routes) shall be listed separately by line item and 
     expense category.
       (c)
                                 ______
                                 
  SA 3470. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 294, to reauthorize Amtrak, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 31, strike line 21 and insert the following:
       ``(7) reaching financial solvency by eliminating routes and 
     services that do not make a profit; and

                          ____________________