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 State was published in the Senate section on pages S13459-S13463 on Oct. 25, 2007.
The publication is reproduced in full below:
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.
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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.
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SA 3457. Mrs. MURRAY proposed an amendment to the bill S. 294, to reauthorize Amtrak, and for other purposes; as follows:
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).
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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).
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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.
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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''.
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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.
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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.
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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 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;
(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).
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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''.
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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.
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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 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).
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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.
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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
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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)
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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
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