The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the U.S. Dept. of Transportation was published in the Senate section on pages S13367-S13369 on Oct. 24, 2007.
The publication is reproduced in full below:
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.
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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.
______
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).
____________________
