To prohibit Federal subsidies in excess of specified amounts on any Amtrak train route.

TEXT OF AMENDMENTS

SA 3451. Mr. LAUTENBERG proposed an amendment to the bill S. 294, to
reauthorize Amtrak, and for other purposes; as follows:

In the table of contents, strike the items relating to
title IV.
On page 22, line 2, insert ``relevant'' after ``each''.
On page 22, line 4, insert ``single, Nationwide'' after
``implement a''.
On page 28, line 12, insert ``As part of its investigation,
the Board has authority to review the accuracy of the train
performance data.'' after ``operator.''.
On page 29, line 15, insert ``order the host rail carrier
to'' after ``appropriate,''.
On page 29, between lines 23 and 24, insert the following:
(b) Fees.--The Surface Transportation Board may establish
and collect filing fees from any entity that files a
complaint under section 24308(f)(1) of title 49, United
States Code, or otherwise requests or requires the Board's
services pursuant to this Act. The Board shall establish such
fees at levels that will fully or partially, as the Board
determines to be appropriate, offset the costs of
adjudicating complaints under that section and other requests
or requirements for Board action under this Act. The Board
may waive any fee established under this subsection for any
governmental entity as determined appropriate by the Board.
(c) Authorization of Additional Staff.--The Surface
Transportation Board may increase the number of Board
employees by up to 15 for the 5 fiscal year period beginning
with fiscal year 2008 to carry out its responsibilities under
section 24308 of title 49, United States Code, and this Act.
On page 29, line 24, strike ``(b)'' and insert ``(d)''.
On page 51, between lines 4 and 5, insert the following:
(d) Acela Service Study.--
(1) In general.--Amtrak shall conduct a conduct a study to
determine the infrastructure and equipment improvements
necessary to provide regular Acela service--
(A) between Washington, D.C. and New York City in 2 hours
and 30 minutes; and
(B) between New York City and Boston in 3 hours and 15
minutes.
(2) Issues.--The study conducted under paragraph (1) shall
include--
(A) an estimated time frame for achieving the trip time
described in paragraph (1);
(B) an analysis of any significant obstacles that would
hinder such an achievement; and
(C) a detailed description and cost estimate of the
specific infrastructure and equipment improvements necessary
for such an achievement.
(3) Secondary study.--Amtrak shall provide an initial
assessment of the infrastructure and equipment improvements,
including an order of magnitude cost estimate of such
improvements, that would be necessary to provide regular
Acela service--
(A) between Washington, D.C. and New York City in 2 hours
and 15 minutes; and
(B) between New York City and Boston in 3 hours.
(4) Report.--Not later than February 1, 2008, Amtrak shall
submit a written report containing the results of the studies
required under this subsection to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and Infrastructure of
the House of Representatives;
(D) the Committee on Appropriations of the House of
Representatives; and
(E) the Federal Railroad Administration.
On page 57, strike lines 3 through 11.
On page 57, line 12, strike ``(d)'' and insert ``(c)''.
On page 73, line 1, insert ``2003,'' after ``years''.
On page 81, line 25, strike ``and''.
On page 82, line 2, strike ``seq.).'' and insert ``seq.);
and''.
On page 82, between lines 2 and 3, insert the following:
``(3) the Railroad Unemployment Insurance Act (45 U.S.C.
351 et seq.).
On page 144, beginning with line 2, strike through the end
of the bill.

[[Page S13368]]

______

SA 3452. Mr. SUNUNU proposed an amendment to the bill S. 294, to
reauthorize Amtrak, and for other purposes; as follows:

At the end of the bill, add the following:

SECTION ____1. SHORT TITLE.

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

SEC. ______2. PERMANENT BAN OF INTERNET ACCESS TAXES.

(a) In General.--Section 1101(a) of the Internet Tax
Freedom Act (47 U.S.C. 151 note) is amended by striking
``during the period'' through ``2007''.
(b) Grand Fathering of States That Tax Internet Access.--
Section 1104(a)(2) of such Act is amended to read as follows:
``(2) State telecommunications service tax.--
``(A) Date for termination.--This subsection shall not
apply after November 1, 2006, with respect to a State
telecommunications service tax described in subparagraph (B).
``(B) Description of tax.--A State telecommunications
service tax referred to in subparagraph (A) is a State tax--
``(i) enacted by State law on or after October 1, 1991, and
imposing a tax on telecommunications service; and
``(ii) applied to Internet access through administrative
code or regulation issued on or after December 1, 2002.''.

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
November 1, 2007, 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
November 1, 2007, 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; and
``(D) does not include voice, audio or video programming,
or other products and services (except services described in
subparagraph (A), (B), or (C)) 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), or (C).'',
(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 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. 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 3453. Mr. SUNUNU proposed an amendment to the bill S. 294, to
reauthorize Amtrak, and for other purposes; as follows:

On page 32, before line 21, insert the following:
(c) Limit on Passenger Subsidies.--
(1) In general.--The Secretary of Transportation shall
prohibit any Federal funds to be used for the operation of an
Amtrak train route that has a per passenger subsidy, as
determined by the Inspector General under paragraph (2), of
not less than--
(A) $200 during the first fiscal year beginning after the
date of the enactment of this Act;
(B) $175 during the second fiscal year beginning after the
date of the enactment of this Act;
(C) $150 during the third fiscal year beginning after the
date of the enactment of this Act;
(D) $125 during the fourth fiscal year beginning after the
date of the enactment of this Act; and
(E) $100 during any fiscal year beginning after the time
period described in subparagraph (D).
(2) Determination of subsidy level.--The Inspector General
of the Department of Transportation, using data provided by
Amtrak, shall determine the difference between the average
fully allocated operating cost per passenger and the average
ticket price collected for each train route operated by
Amtrak during the most recent 12-month period for which data
is available.
(3) Report.--
(A) In general.--Not later than 6 months before the end of
each fiscal year, and every 6 months thereafter, the
Inspector General shall publish a report that--
(i) lists the subsidy levels determined under paragraph
(2); and
(ii) includes a statement that Amtrak will terminate any
train route that has a per passenger subsidy in excess of the
limits set forth in paragraph (1).
(B) Distribution.--The Inspector General shall display the
report published under subparagraph (A) on the Internet and
submit a copy of such report to--
(i) the President of Amtrak;
(ii) the Secretary of Transportation;
(iii) the Committee on Commerce, Science, and
Transportation of the Senate; and
(iv) the Committee on Transportation and Infrastructure of
the House of Representatives.

[[Page S13369]]

______

SA 3454. Mr. LAUTENBERG (for Mr. Carper) proposed an amendment to
amendment SA 3452 proposed by Mr. Sununu to the bill S. 294, to
reauthorize Amtrak, and for other purposes; as follows:

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
``2011'', and
(2) in section 1104(a)(2)(A) by striking ``2007'' and
inserting ``2011''.

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
November 1, 2007, 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
November 1, 2007, 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; and
``(D) does not include voice, audio or video programming,
or other products and services (except services described in
subparagraph (A), (B), or (C)) 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), or (C).'',
(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 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. 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).

____________________