S.Amdt. 3458

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

____________________