S.Amdt. 3480

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

[[Page S13527]]

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;
(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).

[[Page S13528]]

``(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
(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.

____________________