[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[Senate]
[Pages 28540-28542]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3472. Mr. TESTER 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 25, between lines 16 and 17, insert the following:
       (f) North Coast Hiawatha Route.--Not later than 1 year 
     after the date of enactment of this Act, Amtrak shall conduct 
     a 1-time evaluation of passenger rail service between Chicago 
     and Seattle, through Southern Montana (commonly known as the 
     ``North Coast Hiawatha Route''), which was operated by Amtrak 
     until 1979, using methodologies adopted under subsection (c), 
     to determine whether to reinstate passenger rail service 
     along the North Coast Hiawatha Route or along segments of 
     such route, provided that such service will not negatively 
     impact existing Amtrak routes.
                                 ______
                                 
  SA 3473. Mr. SANDERS 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 66, line 10, insert ``, including projects that 
     involve the purchase of environmentally sensitive, fuel-
     efficient, and cost-effective passenger rail equipment'' 
     before the period.
                                 ______
                                 
  SA 3474. Mr. COBURN 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. __. FOOD AND BEVERAGE SERVICE.

       (a) Quarterly Report.--The National Railroad Passenger 
     Corporation (referred to in this section as ``Amtrak'') shall 
     submit a quarterly report to Congress and to the Secretary of 
     Transportation that sets forth the profit or loss, as 
     applicable, relating to the provision of food and beverage 
     service on each rail line operated by Amtrak.
       (b) Contract Renegotiation.--If the food and beverage 
     service on a specific Amtrak rail line incurs a loss in any 
     fiscal year, Amtrak shall renegotiate any applicable 
     contracts relating to food and beverage service (including 
     associated labor contracts) for such rail line in an effort 
     to--
       (1) reduce the cost of such service; and
       (2) increase to likelihood to make a profit in the 
     following fiscal year.
       (c) Discontinuance.--If the food and beverage service on a 
     specific Amtrak rail line incurs a loss in any 2 consecutive 
     fiscal years, Amtrak shall terminate such service on such 
     rail line.
       (d) Reinstatement.--Amtrak may reinstate food and beverage 
     service that was discontinued under subsection (c) if--
       (1) at least 1 year has elapsed since the date on which 
     such service was discontinued on the applicable rail line;
       (2) Amtrak submits a credible proposal to Congress and to 
     the Secretary of Transportation for generating food and 
     beverage service profits on such rail line for each of the 
     following 5 fiscal years; and
       (3) the Secretary of Transportation, or the designee of the 
     Secretary, certifies to Congress that the proposal submitted 
     under paragraph (2) will likely generate food and beverage 
     service profits on such rail line for each of the following 5 
     fiscal years.
                                 ______
                                 
  SA 3475. Mr. COBURN 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 14, line 25, strike ``and'' at the end and all that 
     follows through page 15, line 20, and insert the following:
       (2) shall implement a modern financial accounting and 
     reporting system; and
       (3) shall, not later than 90 days after the end of each 
     fiscal year through fiscal year 2012--
       (A) submit to Congress a comprehensive report that 
     allocates all of Amtrak's revenues and costs to each of its 
     routes, each of its lines of business, and each major 
     activity within each route and line of business activity, 
     including--
       (i) train operations;
       (ii) equipment maintenance;
       (iii) food service;
       (iv) sleeping cars;
       (v) ticketing; and
       (vi) reservations;
       (B) include the report described in subparagraph (A) in 
     Amtrak's annual report; and
       (C) post such report on Amtrak's website.
                                 ______
                                 
  SA 3476. 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:

       On page 56, strike lines 12 through 17 and insert the 
     following:
       (1) Plan required.--Section 24101(d) is amended--
       (A) by striking ``plan to operate within the funding levels 
     authorized by section 24104 of this chapter, including the 
     budgetary goals for fiscal years 1998 through 2002.'' and 
     inserting ``plan, consistent with section 204 of the 
     Passenger Rail Investment and Improvement Act of 2007, 
     including the budgetary goals for fiscal years 2007 through 
     2012.''; and
       (B) by striking the last sentence and inserting ``Amtrak 
     and its Board of Directors shall adopt a long term plan that 
     minimizes the need for Federal operating subsidies.''.
                                 ______
                                 
  SA 3477. Mr. CRAPO 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 24, line 6, insert ``intercity passenger rail 
     service or by'' after ``served by''.
         On page 25, strike lines 10 through 16 and insert the 
     following:
       (e) Pioneer Route.--Not later than 1 year after the date of 
     the enactment of this Act, Amtrak shall conduct a 1-time 
     evaluation of passenger rail service between Seattle and 
     Chicago (commonly known as the ``Pioneer Route''), which was 
     operated by Amtrak until 1997, using methodologies adopted 
     under subsection (c), to determine whether to reinstate 
     passenger rail service along the Pioneer Route or along 
     segments of such route.
                                 ______
                                 
  SA 3478. Mr. ENSIGN 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 add the following:

                       TITLE V--E-RATE PROTECTION

     SEC. 501. PROHIBITION ON USE OF E-RATE FUNDS TO PROVIDE CELL 
                   PHONES TO STAFF.

       The Federal Communications Commission shall ensure that no 
     funds provided to an elementary school, secondary school, or 
     library for purposes of section 254(h)(1)(B) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)(1)9B)) are used 
     to provide cell phones to--
       (1) bus drivers;
       (2) janitors;

[[Page 28541]]

       (3) school administrators; or
       (4) other such staff employed by the elementary school, 
     secondary school, or library.
                                 ______
                                 
  SA 3479. Mr. ENSIGN 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 add the following:

            TITLE V--REPEAL OF CERTAIN COMMUNICATIONS TAXES

     SEC. 501. REPEAL OF EXCISE TAX ON TELEPHONE AND OTHER 
                   COMMUNICATIONS SERVICES.

       (a) In General.--Chapter 33 of the Internal Revenue Code of 
     1986 (relating to facilities and services) is amended by 
     striking subchapter B.
       (b) Conforming Amendments.--
       (1) Section 4293 of such Code is amended by striking 
     ``chapter 32 (other than the taxes imposed by sections 4064 
     and 4121) and subchapter B of chapter 33,'' and inserting 
     ``and chapter 32 (other than the taxes imposed by sections 
     4064 and 4121),''.
       (2)(A) Paragraph (1) of section 6302(e) of such Code is 
     amended by striking ``section 4251 or''.
       (B) Paragraph (2) of section 6302(e) of such Code is 
     amended--
       (i) by striking ``imposed by--'' and all that follows 
     through ``with respect to'' and inserting ``imposed by 
     section 4261 or 4271 with respect to'', and
       (ii) by striking ``bills rendered or''.
       (C) The subsection heading for section 6302(e) of such Code 
     is amended by striking ``Communications Services and''.
       (3) Section 6415 of such Code is amended by striking 
     ``4251, 4261, or 4271'' each place it appears and inserting 
     ``4261 or 4271''.
       (4) Paragraph (2) of section 7871(a) of such Code is 
     amended by inserting ``or'' at the end of subparagraph (B), 
     by striking subparagraph (C), and by redesignating 
     subparagraph (D) as subparagraph (C).
       (5) The table of subchapters for chapter 33 of such Code is 
     amended by striking the item relating to subchapter B.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid pursuant to bills first rendered 
     more than 90 days after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3480. Mr. ENSIGN 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. __. ADDITIONAL FINANCIAL REPORTING.

       (a) Reports.--
       (1) In general.--Beginning with the first fiscal year 
     beginning after the date of the enactment of this Act, Amtrak 
     shall file with the Secretary of Transportation--
       (A) not later than 60 days after the end of each fiscal 
     year, an annual report containing the information required by 
     the Securities and Exchange Commission to be included in 
     annual reports under such sections on Form 10-K, as such form 
     may be revised from time to time; and
       (B) periodic reports within the time frame and containing 
     the information prescribed in Form 8-K of the Securities and 
     Exchange Commission, as such form may be revised from time to 
     time.
       (2) Registrant defined.--As used in the reports required 
     under paragraph (1)--
       (A) Amtrak shall be deemed to be the ``registrant'' 
     described in the forms of the Securities and Exchange 
     Commission; and
       (B) references contained in such forms to Securities and 
     Exchange Commission regulations are incorporated in this 
     section by reference.
       (3) Internal control report.--Beginning with the annual 
     report for fiscal year 2010, Amtrak shall comply with the 
     rules prescribed by the Securities and Exchange Commission 
     implementing sections 302 and 404 of the Sarbanes-Oxley Act 
     of 2002 (15 U.S.C. 7241 and 7262).
       (b) Financial Reporting.--
       (1) In general.--The report required under subsection 
     (a)(1)(B) shall include all revenue and expenses associated 
     with rail operations by route, including asset depreciation.
       (2) Segment reporting.--Beginning with the reports for 
     fiscal year 2010, Amtrak shall include segment reporting in 
     the report required under subsection (a)(1)(A). Amtrak, after 
     consultation with the Secretary of Transportation, shall 
     determine the appropriate segment reporting under this 
     paragraph.
       (c) Supporting Matter.--The Secretary of Transportation 
     shall have access to the audit documentation and any other 
     supporting matter of Amtrak and its independent auditor in 
     connection with any information submitted under this section.
       (d) Revised Requirements.--The Secretary of Transportation 
     may initiate proceedings (to be conducted in accordance with 
     regulations that the Secretary shall prescribe) to improve 
     the quality, accuracy, or completeness of Amtrak data 
     required under this section if--
       (1) the data have become significantly inaccurate or can be 
     significantly improved; or
       (2) the Secretary determines that those revisions are 
     otherwise necessitated by the public interest.
       (e) Confidential Information.--If Amtrak determines that 
     any document or portion of a document, or other matter, 
     provided to the Secretary of Transportation in a nonpublic 
     annex under this section or under subsection (c) contains 
     information that is exempt from public disclosure under 
     section 552(b) of title 5, United States Code, Amtrak shall, 
     at the time of providing such matter to the Secretary, submit 
     written notification to the Secretary of such determination 
     that describes the documents or other matter for which 
     confidentiality is sought and the reasons for such 
     determination.
       (f) Monthly Performance Reports.--Amtrak shall include in 
     each monthly performance report--
       (1) expenses relating to food and beverage operations, 
     including the cost of meals and food and beverage contractor 
     performance;
       (2) expenses relating to non-payroll employees, including 
     post-retirement health care expenses, supplemental executive 
     retirement plans, and performance bonuses; and
       (3) depreciation expenses for the capital assets on each 
     passenger rail route.
                                 ______
                                 
  SA 3481. Mr. ENSIGN 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:

       Strike section 215 and insert the following:

     SEC. 215. PROHIBITION ON FINANCIAL GUARANTEES.

       (a) In General.--Notwithstanding any other provision of 
     law, beginning on the date of the enactment of this Act, the 
     Federal Government shall not make any financial guarantee or 
     commitment to amortize Amtrak's outstanding indebtedness.
       (b) Savings Provision.--Nothing in this section may be 
     construed to prohibit the Federal Government from honoring 
     any financial guarantee or commitment made by the Federal 
     Government before the date of the enactment of this Act.
                                 ______
                                 
  SA 3482. Mr. ENSIGN 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 60, after line 22, add the following:

     SEC. 224. PROHIBITION OF FEDERAL SUBSIDIES FOR FOOD AND 
                   BEVERAGE SERVICE.

       Federal funds may not be used by the National Railroad 
     Passenger Corporation to subsidize food and beverage service 
     on Amtrak trains until Amtrak is in compliance with section 
     24305(c)(4) of title 49, United States Code.
                                 ______
                                 
  SA 3483. 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 58, lines 3 through 5, strike ``its operation of 
     trains funded by the private sector in order to minimize its 
     need for Federal subsidies.'' and insert ``the operation of 
     trains funded by, or in partnership with, private sector 
     operators through competitive contracting to minimize the 
     need for Federal subsidies.''.
                                 ______
                                 
  SA 3484. 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 97, line 13, insert ``host freight railroad 
     companies, passenger railroad equipment manufacturers, and 
     other passenger railroad operators as appropriate,'' after 
     ``Administration,''.
                                 ______
                                 
  SA 3485. Mr. BOND 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 11, between lines 22 and 23, insert the following:
       (e) Amtrak's Mission.--
       (1) Section 24101 is amended--
        (A) by striking ``PURPOSE'' in the section heading and 
     inserting ``MISSION'';
       (B) by striking subsection (b) and inserting the following:
       ``(b) Mission.--
       ``(1) In general.--The mission of Amtrak is to provide 
     efficient and effective intercity passenger rail mobility 
     consisting of high quality service that is trip-time 
     competitive with other intercity travel options and that is 
     consistent with the goals of subsection (d).
       ``(2) Performance measurement.--All measurements of Amtrak 
     performance, including decisions on whether, and to what 
     extent, to provide operating subsidies, shall be based on 
     Amtrak's ability to carry out the mission described in 
     paragraph (1).''; and

[[Page 28542]]

       (C) by redesignating paragraphs (9) through (11) in 
     subsection (c) as paragraphs (10) through (12), respectively, 
     and inserting after paragraph (8) the following:
       ``(9) provide redundant or complimentary intercity 
     transportation service to ensure mobility in times of 
     national disaster or other instances where other travel 
     options are not adequately available;''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     241 is amended by striking the item relating to section 24101 
     and inserting the following:

``24101. Findings, mission, and goals''.
       On page 18, line 7, strike ``and''.
        On page 18, strike lines 8 and 9 and insert the following:
       (12) prior fiscal year and projected operating ratio, cash 
     operating loss, and cash operating loss per passenger on a 
     route, business line, and corporate basis;
       (13) prior fiscal year and projected specific costs and 
     savings estimates resulting from reform initiatives;
       (14) prior fiscal year and projected labor productivity 
     statistics on a route, business line, and corporate basis;
       (15) prior fiscal year and projected equipment reliability 
     statistics; and
       (16) capital and operating expenditure for anticipated 
     security needs.
                                 ______
                                 
  SA 3486. Mr. VITTER 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 105, between lines 13 and 14, insert the following:
       ``(12) To review rail crossing safety improvements, 
     including improvements using new safety technology.
                                 ______
                                 
  SA 3487. Mr. VITTER 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 95, between lines 2 and 3, insert the following:
       ``(13) A review of the safety of all public railway-highway 
     grade crossings, including security measures, safety 
     conditions, past accidents, possible safety improvements, and 
     any other factors that the Secretary considers relevant.
                                 ______
                                 
  SA 3488. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 294, to reauthorize Amtrak, and for 
other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING THE NEED TO MAINTAIN 
                   AMTRAK AS A NATIONAL PASSENGER RAIL SYSTEM.

       (a) Findings.--The Senate makes the following findings:
       (1) In fiscal year 2007, 3,800,000 passengers traveled on 
     Amtrak's long distance trains, an increase of 2.4 percent 
     over fiscal year 2006.
       (2) Amtrak long-distance routes generated $376,000,000 in 
     revenue in fiscal year 2007, an increase of 5 percent over 
     fiscal year 2006.
       (3) Amtrak operates 15 long-distance trains over 18,500 
     route miles that serve 39 States and the District of 
     Columbia. These trains provide the only rail passenger 
     service to 23 States.
       (4) Amtrak's long-distance trains provide an essential 
     transportation service for many communities and to a 
     significant percentage of the general public.
       (5) Many long-distance trains serve small communities with 
     limited or no significant air or bus service, especially in 
     remote or isolated areas in the United States.
       (6) As a result of airline deregulation and decisions by 
     national bus carriers to leave many communities, rail 
     transportation may provide the only feasible common carrier 
     transportation option for a growing number of areas.
       (7) If long-distance trains were eliminated, 23 States and 
     243 communities would be left with no intercity passenger 
     rail service and 16 other States would lose some rail 
     service. These trains provide a strong economic benefit for 
     the States and communities that they serve.
       (8) Long-distance trains also provide transportation during 
     periods of severe weather or emergencies that stall other 
     modes of transportation.
       (9) Amtrak provided the only reliable long-distance 
     transportation following the September 11, 2001 terrorist 
     attacks that grounded air travel.
       (10) The majority of passengers on long-distance trains do 
     not travel between the endpoints, but rather between any 
     combination of cities along the route.
       (11) Passenger trains provide transportation options, 
     mobility for underserved populations, congestion mitigation, 
     and jobs in the areas they serve.
       (12) Passenger rail has a positive impact on the 
     environment compared to other modes of transportation by 
     conserving energy, reducing greenhouse gas emissions, and 
     cutting down on other airborne particulate and toxic 
     emissions.
       (13) Amtrak communities that are served use passenger rail 
     and passenger rail stations as a significant source of 
     economic development.
       (14) This Act makes meaningful and important reforms to 
     increase the efficiency, profitability and on-time 
     performance of Amtrak's long-distance routes.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) long-distance passenger rail is a vital and necessary 
     part of our national transportation system and economy; and
       (2) Amtrak should maintain a national passenger rail 
     system, including long-distance routes, that connects the 
     continental United States from coast to coast and from border 
     to border.
                                 ______
                                 
  SA 3489. Mr. SCHUMER 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 60, after line 22, add the following:

     SEC. 224. PASSENGER RAIL COST STUDY.

       (a) In General.--The National Railroad Passenger 
     Corporation shall conduct a study to determine the potential 
     cost and economic impact of passenger rail service between 
     Scranton, Pennsylvania and Binghamton, New York.
       (b) Submission.--Not later than 1 year after the date of 
     the enactment of this Act, Amtrak shall submit a report 
     containing the results of the study conducted under this 
     section 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.

                          ____________________