[Congressional Record Volume 159, Number 36 (Wednesday, March 13, 2013)]
[Senate]
[Pages S1787-S1793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. MURKOWSKI (for herself, Mr. Wyden, Mr. Risch, Ms.
Cantwell, Mr. Crapo, Mrs. Murray, and Mr. Begich):
S. 545. A bill to improve hydropower, and for other purposes; to the
Committee on Energy and Natural Resources.
Ms. MURKOWSKI. Mr. President, I rise today to introduce legislation
aimed at increasing the production of our hardest working renewable
resource, one that often gets overlooked in the clean energy debate--
hydropower. The Hydropower Improvement Act of 2013 is a bipartisan bill
co-sponsored by my colleagues Senators Wyden, Risch, Cantwell, Crapo,
Murray, and Begich, true hydropower advocates. The Hydropower
Improvement Act of 2013 seeks to increase substantially the capacity
and generation of our clean, renewable hydropower resources that will
improve environmental quality and support local job creation and
economic investment across the nation.
There is no question that hydropower is, and must continue to be,
part of our energy solution. It is the largest source of renewable
electricity in the United States. The approximately 100,000 megawatts
of hydroelectric capacity we now have today provide about seven percent
of the Nation's electricity needs. Hydro-electric generation is carbon-
free baseload power that allows us to avoid over 200 million metric
tons of carbon emissions each year. Hydropower is clean, efficient, and
inexpensive. Yet, despite its tremendous benefits I am constantly
amazed at how some undervalue this important resource.
Perhaps it's because conventional wisdom dismisses our Nation's
hydropower capacity as tapped out. That is simply not the case. If
anything, hydropower is really an underdeveloped resource--something we
certainly understand in my home State of Alaska where hydro already
supplies 24 percent of the State's electricity needs and over 200
promising sites for further hydropower development have been
identified. There is great potential for additional hydropower
development in every state, not just Alaska.
According to the Department of Energy, conventional hydropower
facilities have the capacity to generate an additional 75,000 megawatts
of power--a staggering amount of clean, inexpensive power. Now, that
doesn't seem possible until you realize that only three percent of the
country's 80,000 existing dams are even electrified. Significant
amounts of new capacity--anywhere between 20,000 and 60,000 megawatts--
can be derived from simple efficiency improvements or capacity
additions at existing facilities. Additional hydropower can be captured
in existing man-made conduits and hydroelectric pumped storage projects
can help reliably integrate other renewable resources that are
intermittent, such as wind, onto our grid.
The Hydropower Improvement Act of 2013 seeks to multiply our nation's
hydropower capacity in an effort to expand clean power generation and
create domestic jobs. The bill provides the Federal Energy Regulatory
Commission with the authority to extend preliminary permit terms and to
explore a possible 2-year licensing process for hydropower development
at non-powered dams and closed loop pumped storage projects. The bill
establishes an expedited process for FERC to consider ``qualifying
conduit'' hydropower facilities and increases the rated capacity for
small hydro projects to 10 megawatts. The act also calls for the
Department of Energy to conduct studies of the technical flexibility
and grid reliability benefits that pumped storage facilities can
provide to support intermittent renewable energy, as well as on the
range of opportunities for conduit hydropower potential. Importantly,
the Hydropower Improvement Act of 2013 does not contain any spending
authorizations and therefore does not represent any new funding.
It is my hope that as the Senate considers our Nation's long-term
energy policy, we can finally recognize the important contribution the
renewable resource of hydropower makes, and will continue to make,
toward our clean energy goals. Our colleagues in the House have already
done so. The Hydropower Improve Act of 2013 is a companion piece to
H.R. 267, the Hydropower Regulatory Efficiency Act of 2013 sponsored by
Representatives McMorris-Rogers and DeGette. H.R. 267 recently passed
the House by a stunning 422-0 vote and is supported by both the
National Hydropower Association and American Rivers. I ask my
colleagues to join me in supporting this hydropower legislation to
promote the further development of our most cost-effective, clean
energy option.
______
By Mr. WYDEN (for himself, Ms. Murkowski, Mr. Begich, Ms.
[[Page S1788]]
Cantwell, Mrs. Murray, and Mr. Merkley):
S. 551. A bill to provide an election to terminate certain capital
construction funds without penalties; to the Committee on Finance.
Mr. WYDEN. Mr. President, today I am reintroducing a bill to reform
the Capital Construction Fund. This legislation would allow fishers to
withdraw monies from their CCF accounts without penalty or interest,
preventing overfishing and overcapitalization.
The Capital Construction Fund, CCF, program was developed at a time
when American fishers were having a hard time competing with highly
efficient foreign fishing vessels. The program was designed to enable
fishers to deposit a portion of their fishing-related earnings into a
CCF account on a tax-deferred basis. Fishers then make withdrawals from
their CCF account to construct, reconstruct, or under limited
circumstances, acquire fishing vessels. However, any unauthorized
withdrawal from CCF account is subject to severe interest and other
penalties.
The program was a success. The CCF program helped U.S. fishers build
a modern state-of-the-art fleet. Unfortunately, that U.S. fleet is now
overcapitalized. This problem is exacerbated by concerns surrounding
overfishing. Fisheries managers have begun to implement catch-share
limits to reduce the number of fish that they allow fishers to catch
each year. Now, the U.S. commercial fishing fleet has more harvesting
capacity than our fisheries can sustainably support. However, the
monies fishers put into CCF accounts remain and represent a potential
for further overcapitalization. Yet, current CCF regulations penalize
withdrawals made for anything other than authorized expenditures.
The resulting situation is problematic for the fishers, the industry
and the resource. That is why I am reintroducing legislation today,
along with my colleague Senator Murkowski, to address this problem and
relieve the pressure to increase further capitalization of the fishing
fleet. My legislation will enable CCF accountholders to make a one-time
withdrawal from their CCF accounts. Accountholders would be required to
pay the taxes due on the monies withdrawn, but without having to pay
tax penalties. An income-averaging formula would be applied to the
withdrawals in an effort to avoid assessing an excessive tax rate on
the one-time withdrawal. Any fisher taking advantage of one-time
withdrawal would then be required to close their CCF accounts and would
be prohibited from further participation in the program.
This is a win-win-win situation. The fisher gets to take the money
out of his CCF without having to pay penalties and interest, but still
pays the taxes when due; the government gets taxes on the withdrawals;
and the resource and the fishers who remain in the fishery avoid
further capitalization of an already over-capitalized industry.
I look forward to working with Senators Murkowski, Murray, Cantwell,
Begich and Merkley, the fishing community, and the bill's other
supporters to advance this legislation to the President's desk.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 551
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Construction Fund
Penalty Relief Act''.
SEC. 2. ELECTION TO TERMINATE CERTAIN CAPITAL CONSTRUCTION
FUNDS.
(a) Amendments to Chapter 535 of Title 46, United States
Code.--
(1) In general.--Chapter 535 of title 46, United States
Code, is amended by adding at the end the following new
section:
``Sec. 53518. Election to terminate
``(a) In General.--
``(1) Election.--Any person who has entered into an
agreement under this chapter with respect to a vessel
operated in the fisheries of the United States may make an
election under this paragraph to terminate the capital
construction fund established under such agreement.
``(2) Effect of election on individuals.--In the case of an
individual who makes an election under paragraph (1) with
respect to a capital construction fund--
``(A) any amount remaining in such capital construction
fund on the date of such election shall be distributed to
such individual as a nonqualified withdrawal, except that--
``(i) in computing the tax on such withdrawal, except as
provided in paragraph (4), subsections (c)(3)(B) and (f) of
section 53511 shall not apply; and
``(ii) the taxpayer may elect to average the income from
such withdrawal as provided in subsection (b); and
``(B) such individual shall not be eligible to enter into,
directly or indirectly, any future agreement to establish a
capital construction fund under this chapter with respect to
a vessel operated in the fisheries of the United States.
``(3) Effect of election for entities.--
``(A) In general.--In the case of a person (other than an
individual) who makes an election under paragraph (1)--
``(i) the total amount in the capital construction fund on
the date of such election shall be distributed to the
shareholders, partners, or members of such person in
accordance with the terms of the instruments setting forth
the ownership interests of such shareholders, partners, or
members;
``(ii) each shareholder, partner, or member shall be
treated as having established a special temporary capital
construction fund and having deposited amounts received in
the distribution into such special temporary capital
construction fund;
``(iii) no gain or loss shall be recognized with respect to
such distribution;
``(iv) the basis of any shareholder, partner, or member in
the person shall not be reduced as a result of such
distribution;
``(v) any amounts not distributed pursuant to clause (i)
shall be distributed in a nonqualified withdrawal; and
``(vi) such person shall not be eligible to enter into,
directly or indirectly, any future agreement to establish a
capital construction fund under this chapter with respect to
a vessel operated in the fisheries of the United States.
``(B) Special temporary capital construction funds.--For
purposes of this chapter, a special temporary capital
construction fund shall be treated in the same manner as a
capital construction fund established under section 53503,
except that the following rules shall apply:
``(i) A special temporary capital construction fund shall
be established without regard to any agreement under section
53503 and without regard to any eligible or qualified vessel.
``(ii) Section 53505 shall not apply and no amounts may be
deposited into a special temporary capital construction fund
other than amounts received pursuant to a distribution
described in subparagraph (A)(i).
``(iii) In the case of any amounts distributed from a
special temporary capital construction fund directly to a
capital construction fund of the taxpayer established under
section 53505--
``(I) no gain or loss shall be recognized;
``(II) the limitation under section 53505 shall not apply
with respect to any amount so transferred;
``(III) such amounts shall not reduce taxable income under
section 53507(a)(1); and
``(IV) for purposes of section 53511(e), such amounts shall
be treated as deposited in the capital construction fund on
the date that such funds were deposited in the capital
construction fund with respect to which the election under
paragraph (1) was made.
``(iv) In the case of any amounts distributed from a
special temporary capital construction fund pursuant to an
election under paragraph (1), clauses (i) and (ii) of
paragraph (2)(A) shall not apply to so much of such amounts
as are attributable to earnings accrued after the date of the
establishment of such special temporary capital construction
fund.
``(v) Any amount not distributed from a special temporary
capital construction fund before the due date of the tax
return (including extension) for the last taxable year of the
individual ending before January 1, 2019, shall be treated as
distributed to the taxpayer on the day before such due date
as if an election under paragraph (1) were made by the
taxpayer on such day.
``(C) Regulations.--The joint regulations shall provide
rules for--
``(i) assigning the amounts received by the shareholders,
partners, or members in a distribution described in
subparagraph (A)(i) to the accounts described in section
53508(a) in special temporary capital construction funds; and
``(ii) preventing the abuse of the purposes of this
section.
``(4) Tax benefit rule.--Rules similar to the rules under
section 53511(f)(3) shall apply for purposes of determining
tax liability on any nonqualified withdrawal under paragraph
(2)(A), (3)(A)(v), or (3)(B)(v).
``(5) Election.--Any election under paragraph (1)--
``(A) may only be made--
``(i) by a person who maintains a capital construction fund
with respect to a vessel operated in the fisheries of the
United States on the date of the enactment of this section;
or
``(ii) by a person who maintains a capital construction
fund which was established pursuant to paragraph (3)(A)(ii)
as a result of an election made by an entity in which such
person was a shareholder, partner, or member;
``(B) shall be made not later than the due date of the tax
return (including extensions) for the person's last taxable
year ending on or before December 31, 2018; and
[[Page S1789]]
``(C) shall apply to all amounts in the capital
construction fund with respect to which the election is made.
``(b) Election to Average Income.--At the election of an
individual who has received a distribution described in
subsection (a), for purposes of section 1301 of the Internal
Revenue Code of 1986--
``(1) such individual shall be treated as engaged in a
fishing business, and
``(2) such distribution shall be treated as income
attributable to a fishing business for such taxable year.''.
(2) Conforming amendments.--
(A) Section 53511 of title 46, United States Code, is
amended by striking ``section 53513'' and inserting
``sections 53513 and 53518''.
(B) The table of sections for chapter 535 of title 46,
United States Code, is amended by inserting after the item
relating to section 53517 the following new item:
``53518. Election to terminate.''.
(b) Amendments to the Internal Revenue Code of 1986.--
(1) In general.--Section 7518 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(j) Election To Terminate Capital Construction Funds.--
``(1) In general.--Any person who has entered into an
agreement under chapter 535 of title 46 of the United States
Code, with respect to a vessel operated in the fisheries of
the United States may make an election under this paragraph
to terminate the capital construction fund established under
such agreement.
``(2) Effect of election on individuals.--In the case of an
individual who makes an election under paragraph (1) with
respect to a capital construction fund, any amount remaining
in such capital construction fund on the date of such
election shall be distributed to such individual as a
nonqualified withdrawal, except that--
``(A) in computing the tax on such withdrawal, except as
provided in paragraph (4), paragraphs (3)(C)(ii) and (6) of
subsection (g) shall not apply, and
``(B) the taxpayer may elect to average the income from
such withdrawal as provided in paragraph (6).
``(3) Effect of election for entities.--
``(A) In general.--In the case of a person (other than an
individual) who makes an election under paragraph (1)--
``(i) the total amount in the capital construction fund on
the date of such election shall be distributed to the
shareholders, partners, or members of such person in
accordance with the terms of the instruments setting forth
the ownership interests of such shareholders, partners, or
members,
``(ii) each shareholder, partner, or member shall be
treated as having established a special temporary capital
construction fund and having deposited amounts received in
the distribution into such special temporary capital
construction fund,
``(iii) no gain or loss shall be recognized with respect to
such distribution,
``(iv) the basis of any shareholder, partner, or member in
the person shall not be reduced as a result of such
distribution, and
``(v) any amounts not distributed pursuant to clause (i)
shall be distributed as a nonqualified withdrawal.
``(B) Special temporary capital construction funds.--For
purposes of this section, a special temporary capital
construction fund shall be treated in the same manner as a
capital construction fund established under section 53503 of
title 46, United States Code, except that the following rules
shall apply:
``(i) Subsection (a) shall not apply and no amounts may be
deposited into a special temporary capital construction fund
other than amounts received pursuant to a distribution
described in subparagraph (A)(i).
``(ii) In the case of any amounts distributed from a
special temporary capital construction fund directly to a
capital construction fund of the taxpayer established under
section 53505 of title 46, United States Code--
``(I) no gain or loss shall be recognized;
``(II) the limitation under subsection (a) shall not apply
with respect to any amount so transferred;
``(III) such amounts shall not reduce taxable income under
subsection (c)(1)(A); and
``(IV) for purposes of subsection (g)(5), such amounts
shall be treated as deposited in the capital construction
fund on the date that such funds were deposited in the
capital construction fund with respect to which the election
under paragraph (1) was made.
``(iii) In the case of any amounts distributed from a
special temporary capital construction fund pursuant to an
election under paragraph (1), subparagraphs (A) and (B) of
paragraph (2) shall not apply to so much of such amounts as
are attributable to earnings accrued after the date of the
establishment of such special temporary capital construction
fund.
``(iv) Any amount not distributed from a special temporary
capital construction fund before the due date of the tax
return (including extension) for the last taxable year of the
individual ending before January 1, 2019, shall be treated as
distributed to the taxpayer on the day before such due date
as if an election under paragraph (1) were made by the
taxpayer on such day.
``(C) Regulations.--The joint regulations shall provide
rules for--
``(i) assigning the amounts received by the shareholders,
partners, or members in a distribution described in
subparagraph (A)(i) to the accounts described in subsection
(d)(1) in special temporary capital construction funds; and
``(ii) preventing the abuse of the purposes of this
section.
``(4) Tax benefit rule.--Rules similar to the rules under
subsection (g)(6)(B) shall apply for purposes of determining
tax liability on any nonqualified withdrawal under paragraph
(2), (3)(A)(v), or (3)(B)(iv).
``(5) Election.--Any election under paragraph (1)--
``(A) may only be made--
``(i) by a person who maintains a capital construction fund
with respect to a vessel operated in the fisheries of the
United States on the date of the enactment of this
subsection, or
``(ii) by a person who maintains a capital construction
fund which was established pursuant to subparagraph
(3)(A)(ii) as a result of an election made by an entity in
which such person was a shareholder, partner, or member,
``(B) shall be made not later than the due date of the tax
return (including extensions) for the person's last taxable
year ending on or before December 31, 2018, and
``(C) shall apply to all amounts in the capital
construction fund with respect to which the election is made.
``(6) Election to average income.--At the election of an
individual who has received a distribution described in
paragraph (2), for purposes of section 1301--
``(A) such individual shall be treated as engaged in a
fishing business, and
``(B) such distribution shall be treated as income
attributable to a fishing business for such taxable year.''.
(2) Conforming amendment.--Section 7518(g)(1) of such Code
is amended by striking ``subsection (h)'' and inserting
``subsections (h) and (j)''.
______
By Mr. JOHNSON of South Dakota (for himself, Mr. Crapo, Ms.
Collins, Mrs. Gillibrand, Ms. Hirono, Mr. Isakson, Ms.
Klobuchar, Ms. Landrieu, Mr. Merkley, Mr. Moran, Mr. Roberts,
Ms. Stabenow, Mr. Tester, Mr. Bennet, Mr. Cochran, and Mr.
Risch):
S. 553. A bill to amend the Internal Revenue Code of 1986 to provide
for an exclusion for assistance provided to participants in certain
veterinary student loan repayment or forgiveness programs; to the
Committee on Finance.
Mr. JOHNSON of South Dakota. Mr. President, I rise today to
reintroduce the Veterinary Medicine Loan Repayment Program Enhancement
Act with my friend, Senator Mike Crapo of Idaho. This bipartisan bill
would exempt Veterinary Medicine Loan Repayment Program, VMLRP, awards
from federal income taxation in order to increase veterinary services
in areas around the country that lack adequate veterinary expertise.
Authorized in 2003 by the National Veterinary Medical Services Act,
NVMSA, the United States Department of Agriculture's, USDA, Veterinary
Medicine Loan Repayment Program serves a dual purpose in assisting
qualified veterinarians in reducing their student debt while also
alleviating veterinarian shortages in rural areas. Specifically, the
program authorizes the National Institute of Food and Agriculture,
NIFA, to repay up to $25,000 of a veterinarian's debt per year if they
agree to serve in high-priority veterinary shortage areas for at least
3 years. However, awards under the program continue to be taxed at a
rate of 39 percent, effectively limiting the number of awards that can
be provided and delaying veterinary services to areas in desperate
need. The awards are taxed with the tax payments paid under the program
by the federal government, and the tax payments themselves are also
taxed.
The Department of Agriculture determines whether an area is eligible
for assistance under the VMLRP through a ``shortage situation''
declaration process. Currently, two circumstances lead to such a
designation. A geographic designation is made when a given geographic
area suffers from a shortage of veterinarians overall and an area can
also be designated as a shortage area when it suffers from a shortage
of veterinarians who practice in a particular field of veterinary
specialty. Currently, my home state of South Dakota has 6 designated
shortage situations; three of them are statewide designations noting a
shortage of practitioners in veterinary specialties. Moreover, the
Bureau of Labor Statistics estimates that employment of veterinarians
will grow by 36 percent by 2020, creating a need for 22,000 additional
veterinarians. The future growth and increased demand for veterinarians
becomes even more pressing when considered in combination with national
statistics that show
[[Page S1790]]
dozens of counties across the country that have more than 25,000 food
animals but zero veterinarians.
Attaining a professional degree in a specialized and advanced field
like veterinary medicine takes more than academic fortitude and
personal dedication. According to the American Veterinary Medicine
Association, the average VMLRP award recipient in Fiscal Year 2011 had
an average eligible debt of over $100,000. Given the financial
resources necessary to pursue a degree in higher education, I have long
fought for this legislation to make it easier for students to pay off
their loans. While South Dakota is truly a wonderful place to call
home, it is a difficult place for a young veterinarian to earn a living
when saddled with 6 figures of school debt. My legislation will help by
enhancing the assistance veterinary graduates receive in exchange for
meaningful public service while also providing important services to
underserved rural areas.
With an economic impact of $21.4 billion each year, according to the
South Dakota Department of Agriculture, the importance of agriculture
to the South Dakota economy cannot be understated. Our ranchers, many
of whom operate in very rural areas, rely on the access they have to
qualified veterinarians to care for their livestock and many of them
must drive long distances to access the nearest veterinarian that works
with their specific type of livestock. This lack of adequate access to
veterinary services could have ramifications for both human and animal
health, as well as animal welfare, disease surveillance, public safety
and economic development. Farmers and ranchers make their living in
agriculture but food security is fundamentally in all of our interests.
Everyone in America benefits from the veterinary services provided in
even the most remote areas of the country. As such, I am committed to
doing all I can to help bring veterinarians to underserved parts of our
state.
I am proud to have fought for the establishment of the VMLRP program
and for securing funding for the program through my seat on the Senate
Appropriations Committee. Unfortunately, the 39 percent tax that is
assessed on these benefits continues diminish the full benefits of the
program. With enactment of this legislation, for every three
veterinarians selected for the loan repayment awards, an additional
veterinarian could also be selected to serve in an underserved shortage
area. Moreover, such an exemption is not without precedent. In 2004,
Congress exempted from taxation the assistance received by participants
in the National Health Services Corps, NHSC.
It should be noted that nearly 140 organizations from across the
nation have announced their support for a tax exemption for VMLRP,
including the South Dakota Veterinary Medical Association, South Dakota
Farmers Union, South Dakota Farm Bureau, South Dakota Cattlemen's
Association, South Dakota Stockgrowers Association, South Dakota
Cattlemen's Association, South Dakota Pork Producers Council, the
American Veterinary Medical Association, the American Farm Bureau
Federation, the American Sheep Industry Association, the National
Farmers Union, and many, many others.
The VMLRP has had proven success in providing our agricultural
producers with access to the veterinary services that they need to be
effective. In fiscal year 2011, the program filled at least one
shortage area in 35 States. Through the Veterinary Medicine Loan
Repayment Program Enhancement Act, we can ensure that the program, and
the awards offered through it, is continued and strengthened for the
benefit of our students, rural communities, and family farms and
ranches.
Mr. President, I ask unanimous consent that a letter of support be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Statement of Support for the Veterinary Medicine Loan Repayment Program
Enhancement Act of 2013
The undersigned organizations offer our strongest support
for the Veterinary Medicine Loan Repayment Program
Enhancement Act of 2013 championed by Senator Tim Johnson (D-
SD), Senator Michael Crapo (R-ID), and Representative Kurt
Schrader (D-OR-5).
Our organizations represent a broad spectrum of animal
agriculture from all across our great country. We are
concerned about the continued economic viability of America's
farmers, ranchers, and the businesses they own. We support
public policy that promotes vibrant rural communities. We are
livestock producers; processors; animal health and research
organizations; veterinary medical associations; and livestock
feed, pet food and animal drug companies. We represent
businesses that care deeply about animal health and animal
agriculture. Together we urge Congress to pass the Veterinary
Medicine Loan Repayment Program Enhancement Act without
delay.
The legislation provides a federal income tax exemption for
awards received under the Veterinary Medicine Loan Repayment
Program (VMLRP) and similar state programs. The awards are
presently taxed at 39 percent.
Veterinary medicine loan repayment awards help qualified
veterinarians offset a portion of the educational debt in
return for practicing food animal medicine or veterinary
public health in federally designated high-priority
veterinary shortage situations. Congress set a precedent for
tax exemption in 2004 when it passed ``The American Jobs
Creation Act of 2004'' (H.R. 4520, P.L. 108-357) making the
National Health Service Corps (NHSC) loan repayment program
awards tax exempt. Prior to P.L. 108-357 the NHSC awards were
taxed at 39 percent.
VMLRP participants provide a wide array of veterinary
services for rancher's livestock (beef, dairy cows, turkeys,
chicken, swine, goats, sheep, farmed deer and elk, camelids,
and working farm horses) including accredited medical
procedures including vaccinations (i.e., Brucellosis official
calf-hood vaccination/RB51), castration and dehorning,
pregnancy detections, breeding soundness exams, and services
for acute illness, trauma, dystocia or obstetrical
difficulties. They provide required services for interstate
movement of livestock, including commuter agreements, animal
health testing requirements needed to ship livestock,
tuberculosis checks and blood sample services for
Brucellosis, Bluetongue, and Bovine Viral Diarrhea. They
perform duties for state and federal disease control and
eradication programs and play a role in a state's veterinary
emergency response teams. Veterinarians practicing in public
health provide regulatory oversight for critical programs and
activities protecting livestock and poultry populations from
catastrophic diseases of animal and public health importance.
They perform domestic and foreign animal disease surveillance
activities, epidemiological investigations, institute
mitigation measures for disease control and are active first
responders in the event of an animal disease outbreak or
incident that threatens animal or human health. Also, they
perform outreach and education contributing to animal disease
awareness for producers, veterinary practitioners and the
public.
By passing the Veterinary Medicine Loan Repayment Program
Enhancement Act, Congress will bolster animal health and
welfare, protect the nation's food supply and ensure that
ranchers and farmers will have access to veterinary services
they need for their livestock.
Sincerely,
Livestock Producers, Processors, Packers and Related Organizations
American Horse Council; American Meat Institute; American
Rabbit Breeders Association, Inc.; American Sheep
Industry Association; American Veal Association; Fur
Commission USA; International Llama Registry; Michigan
Pork Producers Association; National Aquaculture
Association; National Cattlemen's Beef Association;
National Chicken Council; National Livestock Producers
Association; National Milk Producers Federation;
National Pork Producers Council; National Renderers
Association; National Turkey Federation; Nebraska
Poultry Industries; North American Deer Farmers
Association; North American Meat Association; North
Dakota Stockmen's Association; Ohio Poultry
Association; South Dakota Cattlemen's Association;
South Dakota Pork Producers Council; South Dakota
Stockgrowers Association; Texas Association of
Dairymen; United Egg Producers; U.S. Cattlemen's
Association.
Animal Agriculture and Rural-focused Organizations
American Farm Bureau Federation'; Center for
Rural Affairs; Kansas City Animal Health Corridor;
Kansas City Area Development Council; Kansas City Area
Life Sciences Institute; Livestock Marketing
Association; National Farmers Union; National Grange;
National Association of State Departments of
Agriculture; National Council of Farmer Cooperatives;
National Dairy Herd Information Association; National
Institute for Animal Agriculture; Northeast States
Association for Agriculture Stewardship; Rocky Mountain
Farmers Union; South Dakota Farmers Union; State
Agriculture and Rural Leaders.
Animal Health and Research-focused Organizations;
American Dairy Science Association; American Society of
Animal Science;
[[Page S1791]]
American Society of Laboratory Animal Practitioners;
Federation of Animal Science Societies; Kansas
Bioscience Authority; Poultry Science Association;
Silliker, Inc.; Society for Theriogenology; United
States Animal Health Association.
Livestock Feed, Pet Food, Animal Drug Companies
American Feed Industry Association; Animal Health
Institute; Bayer Animal Health; Boehringer Ingelhelm
Vetmedica, Inc.; Ceva Animal Health; Elanco Animal
Health (A Division of Eli Lilly & Company); Pet Food
Institute; Zoetis.
Veterinary Trade and Allied Organizations
American Veterinary Medical Association; American
Association of Veterinary Laboratory Diagnosticians;
Association of American Veterinary Medical Colleges;
Academy of Rural Veterinarians; Alabama Veterinary
Medical Association; Alaska Veterinary Medical
Association; American Animal Hospital Association;
American Academy of Veterinary Nutrition; American
Association for Laboratory Animal Science; American
Association of Avian Pathologists; American Association
of Bovine Practitioners; American Association of
Corporate and Public Practice Veterinarians; American
Association of Equine Practitioners; American
Association of Feline Practitioners; American
Association of Food Hygiene Veterinarians; American
Association of Public Health Veterinarians; American
Association of Small Ruminant Practitioners; American
Association of Swine Veterinarians; American
Association of Veterinary Clinicians; American
Association of Zoo Veterinarians; American Board of
Veterinary Practitioners; American Board of Veterinary
Toxicology; American College of Laboratory Animal
Medicine; American College of Poultry Veterinarians;
American College of Theriogenologists; American College
of Veterinary Dermatology; American College of
Veterinary Pathologists; American College of Veterinary
Radiology; American Veterinary Medical Foundation;
Arizona Veterinary Medical Association; Arkansas
Veterinary Medical Association; Association for Women
Veterinarians Foundation; Association of Avian
Veterinarians; Association of Veterinary Biologics
Companies; Association of Zoos & Aquariums; California
Veterinary Medical Association; Colorado Veterinary
Medical Association; Connecticut Veterinary Medical
Association; Delaware Veterinary Medical Association;
District of Columbia Veterinary Medical Association;
Florida Veterinary Medical Association; Georgia
Veterinary Medical Association; Hawaii Veterinary
Medical Association; Idaho Veterinary Medical
Association; Illinois State Veterinary Medical
Association; Indiana Veterinary Medical Association;
Iowa Veterinary Medical Association; Kansas Veterinary
Medical Association; Kentucky Veterinary Medical
Association; Lesbian and Gay Veterinary Medical
Association; Louisiana Veterinary Medical Association;
Maine Veterinary Medical Association; Maryland
Veterinary Medical Association; Massachusetts
Veterinary Medical Association; Michigan Veterinary
Medical Association; Minnesota Veterinary Medical
Association; Mississippi Veterinary Medical
Association; Missouri Veterinary Medical Association;
Montana Veterinary Medical Association; National
Association of Federal Veterinarians; National
Association of State Public Health Veterinarians;
National Association of Veterinary Technicians in
America; National Food Animal Veterinary Institute;
Nebraska Veterinary Medical Association; Nevada
Veterinary Medical Association; New Hampshire
Veterinary Medical Association; New Jersey Veterinary
Medical Association; New Mexico Veterinary Medical
Association; New York State Veterinary Medical Society;
North Carolina Veterinary Medical Association; North
Dakota Veterinary Medical Association; Ohio Veterinary
Medical Association; Oklahoma Veterinary Medical
Association; Oregon Veterinary Medical Association;
Puerto Rico Veterinary Medical Association (Colegio de
Medicos Veterinarios de Puerto Rico); Pennsylvania
Veterinary Medical Association; Rhode Island Veterinary
Medical Association; South Carolina Association of
Veterinarians; South Dakota Veterinary Medical
Association; Student American Veterinary Medical
Association; Tennessee Veterinary Medical Association;
Texas Veterinary Medical Association; Utah Veterinary
Medical Association; Vermont Veterinary Medical
Association; Virginia Veterinary Medical Association;
Washington State Veterinary Medical Association;
Wisconsin Veterinary Medical Association; Wyoming
Veterinary Medical Association.
______
By Mr. HARKIN:
S. 555. A bill to amend the Americans with Disabilities Act of 1990
to require captioning and video description at certain movie theaters;
to the Committee on Health, Education, Labor, and Pensions.
Mr. HARKIN. Mr. President, today marks the 25th anniversary of the
appointment of Gallaudet University's first Deaf president, Dr. I. King
Jordan. This historic appointment, the product of the ``Deaf President
Now'' student protests, was truly a catalyzing moment--a moment to
establish dignity--for the Deaf community. As President Jordan stated
in his acceptance speech, the Deaf community would ``no longer accept
limits on what we can achieve.''
Deaf President Now was significant not only for the Deaf community,
but it also showed other Americans what Deaf individuals are capable
of. We saw the rights of the Deaf community brought to the forefront.
And the Deaf President Now movement, with the active involvement of the
Deaf community, helped lead to passage of the Americans with
Disabilities Act 2 years later, in 1990.
The Americans with Disabilities Act is one of the landmark civil
rights laws of the 20th century--a long-overdue emancipation
proclamation for Americans with disabilities. The ADA has played a huge
role in making our country more accessible, in raising the expectations
of people with disabilities about what they can hope to achieve at work
and in life, and in inspiring all of us to view disability issues
through the lens of equality and opportunity.
Before the ADA, life was very different for folks with disabilities.
Being an American with a disability meant not being able to ride on a
bus because there was no lift, not being able to attend a concert or
ballgame because there was no accessible seating, and not being able to
cross the street in a wheelchair because there were no curb cuts. In
short, it meant not being able to work or participate in community
life. Discrimination was both commonplace and accepted.
Since then, we have seen amazing progress. The ADA literally
transformed the American landscape by requiring that architectural
barriers be removed and replaced with accessible features such as
ramps, lifts, curb cuts, widening doorways, and closed captioning. More
importantly, the ADA gave millions of Americans the opportunity to
participate in their communities. We have made substantial progress in
advancing the four goals of the ADA--equality of opportunity, full
participation, independent living, and economic self-sufficiency.
But despite this progress, we still have more work to do. Although
most television and home videos contain captioning for individuals who
are deaf or hard of hearing--or the rest of us--most movie theaters do
not. Thus millions of Americans who are deaf or hard of hearing are not
able to attend a movie with their families or friends, at a time and
location that they want, simply because captioning is not available.
The same is true for individuals who are blind or visually impaired;
most movie theaters do not provide access to video description
technology, which would allow these individuals to have access to the
key elements of a motion picture by contemporaneous audio narrated
descriptions during the natural pauses in the audio portion of the
programming, usually through headphones.
A similar problem occurs in airplanes, with respect to in-flight
entertainment. Many airlines are now providing in-flight entertainment
for their passengers--but individuals who are deaf or hard of hearing
cannot access it, because the overwhelming majority of this programming
does not have captioning. Individuals who are blind or visually
impaired are similarly excluded, since video description is not
provided for such programming either.
So we have a situation where an individual, in his own home, can
usually access captioning or similar technology on his television when
watching live television, or a television show, or a movie. Such
captioning is often available in other venues, such as restaurants and
sports bars. I do not believe that it would be difficult to provide the
same technology access for individuals with disabilities in movie
theaters or on airplanes. This would allow these Americans with
disabilities
[[Page S1792]]
to have the same access as everyone else.
Today I am introducing two bills. These bills will allow Americans
with visual or hearing impairments to enjoy going to the movies and
watching in-flight entertainment, through captioning and video
description, just as they can at home.
The first S. 555, entitled the Captioning and Image Narration to
Enhance Movie Accessibility, CINEMA, Act, would amend Title III of the
ADA to require movie theater complexes of two or more theaters to make
captioning and video description available for all films at all
showings.
The second, S. 556, entitled the Air Carrier Access Amendments Act,
would require air carriers to make captioning and video description
available for visually-displayed entertainment programming--live
televised events, recorded programming, and motion pictures--that is
available in-flight for passengers. In instances where the programming
is only available through the use of an individual touchscreen or other
contact-sensitive controls, the bill would authorize the U.S. Access
Board to develop accessibility standards so that individuals with
disabilities can operate the displays independently.
I look forward to working with my fellow members to pass these two
bills and ensure that individuals who are deaf or hard of hearing, or
who are blind or visually impaired, can have the same access to movies
and in-flight entertainment as other Americans.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 555
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captioning and Image
Narration to Enhance Movie Accessibility Act'' or the
``CINEMA Act''.
SEC. 2. MOVIE THEATER ACCESSIBILITY.
Section 302(b) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12182(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Movie theater accessibility.--
``(A) Definitions.--In this paragraph:
``(i) Closed captioning.--The term `closed captioning'
means a method, process, or mechanism, which may include a
device, that--
``(I) allows an individual who is deaf or hard of hearing
to have access to the content of a motion picture; and
``(II) allows that access by displaying, through an
individual device or individually used technology, all of the
audio portion of the motion picture (including displaying the
dialogue and any narration, as well as descriptions of on-
and off-screen sounds such as sound effects, music, or lyrics
for music, and information identifying the character who is
speaking) as text that can be effectively viewed and
controlled by that individual while the individual
simultaneously watches the motion picture.
``(ii) Covered entity.--The term `covered entity' means an
entity--
``(I) that operates a complex of 2 or more movie theaters,
screening rooms, or similar venues, at a single location,
that are used for the exhibition of copyrighted motion
pictures, if such exhibition is open to the public; and
``(II) whose operations affect commerce.
``(iii) Open captioning.--The term `open captioning' means
a method, process, or mechanism that--
``(I) allows an individual who is deaf or hard of hearing
to have access to the content of a motion picture; and
``(II) allows that access by openly displaying on the movie
screen involved all of the audio portion of the motion
picture (including displaying the dialogue and any narration,
as well as descriptions of on- and off-screen sounds such as
sound effects, music, or lyrics for music, and information
identifying the character who is speaking) as text that can
be effectively viewed by that individual and other members of
the audience while the individual and members simultaneously
watch the motion picture.
``(iv) Video description.--The term `video description'
means a method, process, or mechanism, including a device,
that--
``(I) allows an individual who is blind or visually
impaired to have access to the key visual elements of a
motion picture (such as actions, settings, facial
expressions, costumes, and scene changes); and
``(II) allows that access through the provision of
contemporaneous audio narrated descriptions of those elements
during the natural pauses in the audio portion of the motion
picture, or during the audio portion if necessary.
``(B) Accessibility.--It shall be discriminatory for any
person who owns, leases (or leases to), or operates a covered
entity to fail to ensure that all motion pictures shown at
the complex involved are accessible to individuals with
disabilities, including--
``(i) providing, or making available, open captioning for
individuals with disabilities, including individuals who are
deaf or hard of hearing;
``(ii) providing, or making available, closed captioning
for individuals with disabilities, including individuals who
are deaf or hard of hearing; and
``(iii) providing, or making available, video description
for individuals with disabilities, including individuals who
are blind or visually impaired.
``(C) Rule of construction.--Nothing in this Act shall be
construed to limit or prohibit an individual with a
disability from utilizing technology in connection with a
personal device in a manner that may provide the individual
with access to closed captioning, open captioning, or video
description that is equivalent to or greater than the
corresponding access required under subparagraph (B).''.
SEC. 3. CONFORMING AMENDMENT.
Section 308(a)(2) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12188(a)(2)) is amended by striking ``and
section 303(a)'' and inserting ``, 302(b)(3), and 303(a)''.
SEC. 4. EFFECTIVE DATE.
This Act takes effect 1 year after the date of enactment of
this Act.
______
By Mr. HARKIN:
S. 556. A bill to amend title 49, United States Code, to improve the
accessibility of entertainment programming provided by air carriers on
passenger flights, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 556
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Carrier Access
Amendments Act''.
SEC. 2. ACCESSIBILITY OF IN-FLIGHT ENTERTAINMENT PROGRAMMING.
(a) In General.--Subchapter I of chapter 417 of title 49,
United States Code, is amended by inserting after section
41705 the following:
``Sec. 41705a. Accessibility of in-flight entertainment
programming
``(a) In General.--In providing air transportation, an air
carrier, including (subject to section 40105(b)) any foreign
air carrier, shall ensure that--
``(1) on and after the date that is 180 days after the date
of the enactment of the Air Carrier Access Amendments Act,
all visually displayed entertainment programming available to
passengers on a flight is accessible to individuals with
disabilities, including by--
``(A) providing, or making available, open captioning for
individuals with disabilities, including individuals who are
deaf or hard of hearing, when such programming is available
to passengers through shared video displays, such as a
monitor located in a passenger access aisle;
``(B) providing, or making available, closed captioning for
individuals with disabilities, including individuals who are
deaf or hard of hearing, when such programming is available
to passengers through individual video displays; and
``(C) providing, or making available, video description for
individuals with disabilities, including individuals who are
blind or visually impaired, when such programming is
available to passengers through individual video displays or
shared video displays; and
``(2) not later than the effective date of the regulations
prescribed under subsection (c)(2), all individual video
displays that display entertainment programming or
information to passengers on a flight that are operated
primarily by using touchscreens or other contact-sensitive
controls include a mechanism that allows individuals with
disabilities, including individuals who are blind or visually
impaired, to independently operate the displays in accordance
with the standards prescribed under subsection (c).
``(b) Enforcement.--
``(1) In general.--The remedies and procedures set forth in
section 308(a) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12188(a)), including the injunctive relief
described in paragraph (2) of that section, shall be
available to any person aggrieved by the failure of an air
carrier to comply with subsection (a).
``(2) Enforcement by attorney general.--The provisions of
section 308(b) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12188(b)) shall apply with respect to the
compliance of air carriers with subsection (a) to the same
extent that those provisions apply with respect to the
compliance of covered entities with title III of that Act (42
U.S.C. 12181 et seq.).
``(c) Establishment of Standards for Operation of
Individual Video Displays.--
``(1) In general.--Not later than 18 months after the date
of the enactment of the Air
[[Page S1793]]
Carrier Access Amendments Act, the Architectural and
Transportation Barriers Compliance Board shall, in
consultation with the Secretary of Transportation, prescribe
standards in accordance with chapter 5 of title 5 (commonly
known as the `Administrative Procedure Act') setting forth
the minimum technical criteria for individual video displays
described in subsection (a)(2) to ensure that such video
displays include a mechanism that allows individuals with
disabilities to operate the displays independently.
``(2) Regulations.--Not later than 180 days after the
Architectural and Transportation Barriers Compliance Board
issues standards under paragraph (1), the Secretary shall
prescribe such regulations as are necessary to implement
those standards and shall publish those regulations in an
accessible format.
``(3) Review and amendment.--The Architectural and
Transportation Barriers Compliance Board, in consultation
with the Secretary, shall periodically review and, as
appropriate, amend the standards prescribed under paragraph
(1) in accordance with chapter 5 of title 5. Not later than
180 days after the Architectural and Transportation Barriers
Compliance Board issues amended standards under this
paragraph, the Secretary shall make such revisions to the
regulations prescribed under paragraph (2) as are necessary
to implement the amended standards.
``(d) Definitions.--In this section:
``(1) Closed captioning.--The term `closed captioning'
means a method, process, or mechanism, which may include a
device, that--
``(A) allows an individual who is deaf or hard of hearing
to have access to the content of visually displayed
entertainment programming; and
``(B) allows that access by displaying, through an
individual device or individually used technology, all of the
audio portion of the programming (including displaying the
dialogue and any narration, as well as descriptions of on-
and off-screen sounds such as sound effects, music, or lyrics
for music, and information identifying the character who is
speaking) as text that can be effectively viewed and
controlled by that individual while the individual
simultaneously watches the programming.
``(2) Individual with a disability.--The term `individual
with a disability' means any person who has a disability as
defined in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102).
``(3) Open captioning.--The term `open captioning' means a
method, process, or mechanism that--
``(A) allows an individual who is deaf or hard of hearing
to have access to the content of visually displayed
entertainment programming; and
``(B) allows that access by openly displaying on the video
display on which the programming is displayed all of the
audio portion of the programming (including displaying the
dialogue and any narration, as well as descriptions of on-
and off-screen sounds such as sound effects, music, or lyrics
for music, and information identifying the character who is
speaking) as text that can be effectively viewed by that
individual and other passengers while the individual and
passengers simultaneously watch the programming.
``(4) Video description.--The term `video description'
means a method, process, or mechanism, including a device,
that--
``(A) allows an individual who is blind or visually
impaired to have access to the key visual elements of
visually displayed entertainment programming (such as
actions, settings, facial expressions, costumes, and scene
changes); and
``(B) allows that access through the provision of
contemporaneous audio narrated descriptions of those elements
during the natural pauses in the audio portion of the
programming, or during the audio portion if necessary.
``(5) Visually displayed entertainment programming.--The
term `visually displayed entertainment programming' means
live televised events, recorded programming (including
television programs), or motion pictures that are available
to passengers, for a fee or without cost, on a flight in air
transportation.''.
(b) Clerical Amendment.--The analysis for chapter 417 of
title 49, United States Code, is amended by inserting after
the item relating to section 41705 the following:
``41705a. Accessibility of in-flight entertainment
programming.''.
____________________