[Congressional Record Volume 163, Number 37 (Thursday, March 2, 2017)]
[Senate]
[Pages S1579-S1582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DAINES (for himself, Mr. Tester, and Mr. Risch):
S. 490. A bill to reinstate and extend the deadline for commencement
of construction of a hydroelectric project involving the Gibson Dam; to
the Committee on Energy and Natural Resources.
Mr. DAINES. Mr. President, Montana is the fifth largest producer of
hydropower in the Nation, with 23 hydroelectric dams contributing one-
third of all electricity production in Montana. The Gibson Dam project
near Augusta, Montana will provide fifty to one hundred years of stable
tax revenue for the state and local counties, reduce carbon emissions,
create good-paying jobs, and will provide clean, reliable electricity
to Montana. This bill would reinstate and provide a six-year extension
of the Federal Energy Regulatory Commission license, allowing Montana
to continue to be a leader in clean, hydropower electricity.
I thank Senators Tester and Risch for joining me on introducing this
bill and I ask my colleagues to join me in supporting this bipartisan
legislation.
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. 490
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REINSTATEMENT AND EXTENSION OF TIME FOR FEDERAL
ENERGY REGULATORY COMMISSION PROJECT INVOLVING
GIBSON DAM.
Notwithstanding the time period specified in section 13 of
the Federal Power Act (16 U.S.C. 806) that would otherwise
apply to the Federal Energy Regulatory Commission project
numbered 12478-003, the Federal Energy Regulatory Commission
(referred to in this section as the ``Commission'') shall, at
the request of the licensee for the project, after reasonable
notice, and in accordance with the good faith, due diligence,
and public interest requirements of, and the procedures of
the Commission under, that section, reinstate the license and
extend the time period during which the licensee is required
to commence construction of the project for the 6-year period
that begins on the date of enactment of this Act.
______
By Mr. DAINES (for himself, Mr. Tester, Mr. Risch, and Mr.
Crapo):
S. 491. A bill to reinstate and extend the deadline for commencement
of construction of a hydroelectric project involving Clark Canyon Dam;
to the Committee on Energy and Natural Resources.
Mr. DAINES. Mr. President, hydropower is a critical hcomponent of an
all of the above energy portfolio that provides a reliable and
affordable source of electricity for hard-working Montana families.
Clark Canyon Dam hydropower project near Dillon, MT will power over
1,000 homes annually in the region, create good-paying jobs, reduce
carbon dioxide emissions, and produce hundreds of thousands of dollars
in tax revenue for Montana. This bill would reinstate and provide a 3-
year contract extension of the Federal Energy Regulatory Commission
license, allowing Montana to continue to be a leader in clean,
hydropower electricity.
I thank Senators Tester, Risch and Crapo for joining me on
introducing this bill, and I ask my colleagues to join me in supporting
this bipartisan legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
[[Page S1580]]
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 491
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING CLARK CANYON DAM.
Notwithstanding the time period described in section 13 of
the Federal Power Act (16 U.S.C. 806) that would otherwise
apply to the Federal Energy Regulatory Commission project
numbered 12429, the Federal Energy Regulatory Commission
(referred to in this section as the ``Commission'') shall, at
the request of the licensee for the project, and after
reasonable notice and in accordance with the procedures of
the Commission under that section, reinstate the license and
extend the time period during which the licensee is required
to commence construction of project works for the 3-year
period beginning on the date of enactment of this Act.
______
By Mr. CORNYN (for himself and Mr. Casey):
S. 492. A bill to amend the Internal Revenue Code of 1986 to allow
members of the Ready Reserve of a reserve component of the Armed Forces
to make elective deferrals on the basis of their service to the Ready
Reserve and on the basis of their other employment; to the Committee on
Finance.
Mr. CORNYN. 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. 492
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 ``Servicemember Retirement
Improvement Act''.
SEC. 2. ELECTIVE DEFERRALS BY MEMBERS OF THE READY RESERVE OF
A RESERVE COMPONENT OF THE ARMED FORCES.
(a) In General.--Section 402(g) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(9) Elective deferrals by members of ready reserve.--
``(A) In general.--In the case of a qualified ready
reservist (other than a specified Federal employee ready
reservist) for any taxable year, the limitations of
subparagraphs (A) and (C) of paragraph (1) shall be applied
separately with respect to--
``(i) elective deferrals of such qualified ready reservist
with respect to the Thrift Savings Fund (as defined in
section 7701(j)), and
``(ii) any other elective deferrals of such qualified ready
reservist.
``(B) Special rule for federal employees in the ready
reserve not eligible to make elective deferrals to a plan
other than the thrift savings plan.--In the case of a
specified Federal employee ready reservist for any taxable
year--
``(i) the applicable dollar amount in effect under
paragraph (1)(B) for such taxable year shall be twice such
amount (as determined without regard to this subclause), and
``(ii) for purposes of paragraph (1)(C), the applicable
dollar amount under section 414(v)(2)(B)(i) (as otherwise
determined for purposes of paragraph (1)(C)) shall be twice
such amount (as determined without regard to this subclause).
``(C) Definitions.--For purposes of this paragraph--
``(i) Qualified ready reservist.--The term `qualified ready
reservist' means any individual for any taxable year if such
individual received compensation for service as a member of
the Ready Reserve of a reserve component (as defined in
section 101 of title 37, United States Code) during such
taxable year.
``(ii) Specified federal employee ready reservist.--The
term `specified Federal employee ready reservist' means any
individual for any taxable year if such individual--
``(I) is a qualified ready reservist for such taxable year,
``(II) would be eligible to make elective deferrals with
respect to the Thrift Savings Fund (as defined in section
7701(j)) during such taxable year determined without regard
to the service of such individual described in clause (i),
and
``(III) is not eligible to make elective deferrals with
respect to any plan other than such Thrift Savings Fund
during such taxable year.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
By Mr. WYDEN (for himself, Mr. Menendez, Mr. Booker, Ms.
Cantwell, Mr. Blumenthal, and Mr. Peters):
S. 503. A bill to require the Secretary of Agriculture to make
publicly available certain regulatory records relating to the
administration of the Animal Welfare Act and the Horse Protection Act,
to amend the Internal Revenue Code of 1986 to provide for the use of an
alternative depreciation system for taxpayers violating rules under the
Animal Welfare Act and the Horse Protection Act, and for other
purposes; to the Committee on Finance.
Mr. WYDEN. Mr. President, today I am introducing the Animal Welfare
Accountability and Transparency Act. This bill is a necessary step to
restoring public information on animal cruelty that was removed from
the U.S. Department of Agriculture's, USDA, Animal and Plant Health
Inspection Service, APHIS, website under the Trump administration.
On February 3, 2017, APHIS removed information from its website
related to oversight and enforcement of the Animal Welfare Act, AWA,
and Horse Protection Act, HPA, including animal inspection and
licensing reports for more than 9,000 licensed facilities that use
animals--facilities like commercial dog breeding operators, animal
research labs, roadside zoos, and horse show participants. Since 2009,
APHIS has made this information public to increase transparency and
hold violators of these animal cruelty laws accountable. This
information is now hidden from the public and is only available through
a Freedom of Information Act Request, which can take months and
sometimes even years for an agency to respond.
The Animal Welfare Accountability and Transparency Act restores
transparency by requiring APHIS to once again make AWA and HPA
inspection reports accessible to the public. In my view, transparency
is key when it comes to giving animal lovers and consumers information
about whether their pets or the products they buy are the result of
heartbreaking beginnings. These inspection reports also help law
enforcement officials track and understand trends in animal welfare
violations.
Preventing animal cruelty starts with getting facts out to consumers.
By shedding light on AWA and HPA violations, the Animal Welfare
Accountability and Transparency Act holds accountable puppy mill
operators and other businesses that use animals for breeding, research,
and testing.
To ensure that taxpayers are not paying for entities that violate
animal welfare laws, the Animal Welfare Accountability and Transparency
Act also prohibits businesses that are found to be in violation of the
AWA or HPA from collecting certain tax benefits.
Under current tax and accounting rules, companies can write off the
value of breeding and working animals on their taxes using accelerated
depreciation, as if those animals are machinery. They keep that
preferential and valuable tax benefit, even if they violate animal
cruelty laws. The Animal Welfare Accountability and Transparency Act
puts an end to this practice and holds companies accountable for
breaking the law by prohibiting businesses found to have violated AWA
or HPA from claiming accelerated depreciation for tax purposes for five
years.
The Animal Welfare Accountability and Transparency Act is a much
needed step to restore transparency in animal cruelty and to hold
companies accountable for violating the law.
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. 503
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 ``Animal Welfare
Accountability and Transparency Act''.
SEC. 2. PUBLIC AVAILABILITY OF REGULATORY RECORDS.
Notwithstanding any other provision of law, not later than
90 days after the date of enactment of this Act, the
Secretary of Agriculture (referred to in this section as the
``Secretary'') shall maintain and promptly make available to
the public in an online searchable database in a machine-
readable format on the website of the Department of
Agriculture information relating to the administration of the
Animal Welfare Act (7 U.S.C. 2131 et seq.) and the Horse
Protection Act (15 U.S.C. 1821 et seq.), including--
(1) the entirety of each report of any inspection
conducted, and record of any enforcement action taken,
under--
(A) either of those Acts; or
(B) any regulation issued under those Acts;
[[Page S1581]]
(2) with respect to the Animal Welfare Act--
(A) the entirety of each annual report submitted by a
research facility under section 13 of that Act (7 U.S.C.
2143); and
(B) the name, address, and license or registration number
of each research facility, exhibitor, dealer, and other
person or establishment--
(i) licensed by the Secretary under section 3 or 12 of that
Act (7 U.S.C. 2133, 2142); or
(ii) registered with the Secretary under section 6 of that
Act (7 U.S.C. 2136); and
(3) with respect to the Horse Protection Act, the name and
address of--
(A) any person that is licensed to conduct any inspection
under section 4(c) of that Act (15 U.S.C. 1823(c)); or
(B) any organization or association that is licensed by the
Department of Agriculture to promote horses through--
(i) the showing, exhibiting, sale, auction, or registry of
horses; or
(ii) the conduct of any activity that contributes to the
advancement of horses.
SEC. 3. USE OF ALTERNATIVE DEPRECIATION SYSTEM FOR TAXPAYERS
VIOLATING CERTAIN ANIMAL PROTECTION RULES.
(a) In General.--Section 168(g)(1) of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of
subparagraph (D), by inserting ``and'' at the end of
subparagraph (E), and by inserting after subparagraph (E) the
following new subparagraph:
``(F) any property placed in service by a disqualified
taxpayer during an applicable period,''.
(b) Definitions.--Section 168(g) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(8) Disqualified taxpayer; applicable period.--For
purposes of paragraph (1)(F)--
``(A) Disqualified taxpayer.--
``(i) In general.--The term `disqualified taxpayer' means
any taxpayer if such taxpayer--
``(I) has been assessed a civil penalty under section 19(b)
of the Animal Welfare Act (7 U.S.C. 2149(b)) or section 6(b)
of the Horse Protection Act (15 U.S.C. 1825(b)) and either
the period for seeking judicial review of the final agency
action has lapsed or there has been a final judgment with
respect to an appeal of such assessment, or
``(II) has been convicted under section 19(d) of the Animal
Welfare Act (7 U.S.C. 2149(d)) or section 6(a) of the Horse
Protection Act (15 U.S.C. 1825(a)) and there is a final
judgment with respect to such conviction.
``(ii) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (m) or (o) of section 414, shall be treated as one
taxpayer for purposes of this subparagraph.
``(B) Applicable period.--The term `applicable period'
means, with respect to any violation described in
subparagraph (A), the 5-taxable year period beginning with
the taxable year in which the period for seeking judicial
review of a civil penalty described in subparagraph (A)(i)
has lapsed or in which there has been a final judgment
entered with respect to the violation, whichever is
earlier.''.
(c) Conforming Amendment.--The last sentence of section
179(d)(1) is amended by inserting ``or any property placed in
service by a disqualified taxpayer (as defined in section
168(g)(8)(A)) during an applicable period (as defined in
section 168(g)(8)(B))'' after ``section 50(b)''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service in taxable years
beginning after the date of the enactment of this section.
______
By Mr. WYDEN (for himself and Mr. Merkley):
S. 513. A bill to designate the Frank and Jeanne Moore Wild Steelhead
Special Management Area in the State of Oregon; to the Committee on
Energy and Natural Resources.
Mr. WYDEN. Mr. President, today I am reintroducing a bill honoring
two Oregon legends--Frank and Jeanne Moore--who have spent their lives
together on the North Umpqua River as fishers, stewards of the land,
and hosts to visitors from across the world at the famous Steamboat
Inn.
The North Umpqua River runs through the Umpqua National Forest in
Southwest Oregon. The river is a destination for rafters and kayakers,
and is home to some of the best steelhead runs in the world, making it
a fly-fishing haven. Frank and Jeanne Moore founded the Steamboat Inn
in 1957, and spent years introducing visitors to the beauty of the
Umpqua National Forest and the North Umpqua River. Frank, a decorated
WWII veteran and a recent inductee into the Freshwater Fishing Hall of
Fame, was the fishing guide for the Inn's visitors, and has now been
fishing this river for 70 years. The Steamboat Inn's website paints a
wonderful picture of how Frank and Jeanne welcomed visitors to the
North Umpqua River:
``Each night, Jeanne Moore cooked evening meals for as many as sixty
road construction crew members, who ate in shifts, before turning her
attention to feeding her lodge guests. Frank pitched in, helped with
the cooking, and also made a policy decision that would henceforth
guide the Fisherman's Dinner: From then on, anglers could fish until
the last light disappeared on the river. Dinner would be served one
half hour after sunset!''
In the 1960's, the river and its tributaries experienced significant
degradation, and Frank Moore has worked tirelessly ever since to
rehabilitate the river and the steelhead populations. Frank served on
the State of Oregon Fish and Wildlife Commission and has received the
National Wildlife Federation Conservationist of the Year award and the
Wild Steelhead Coalition Conservation Award. He works with his
neighbors and local organizations to monitor the river, and just about
everyone he comes across on his drives along the river knows his name
and knows his work. Frank and Jeanne have opened their door to visitors
and have taken great care of this Oregon treasure.
The Frank and Jeanne Moore Wild Steelhead Special Management Area
will stand as a tribute to the Moore's and their dedication to
protecting this special place in Oregon and preserving the hard work
they've put in to ensure that Oregonians and visitors alike will have a
healthy river, full of steelhead, to visit for decades to come.
It is my honor to reintroduce this bill today with my colleague from
Oregon, Senator Jeff Merkley, on behalf of these extraordinary
Oregonians.
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. 513
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 ``Frank and Jeanne Moore Wild
Steelhead Special Management Area Designation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Frank Moore has committed his life to family, friends,
his country, and fly fishing;
(2) Frank Moore is a World War II veteran who stormed the
beaches of Normandy along with 150,000 troops during the D-
Day Allied invasion and was awarded the Chevalier of the
French Legion of Honor for his bravery;
(3) Frank Moore returned home after the war, started a
family, and pursued his passion of fishing on the winding
rivers in Oregon;
(4) as the proprietor of the Steamboat Inn along the North
Umpqua River in Oregon for nearly 20 years, Frank Moore,
along with his wife Jeanne, shared his love of fishing, the
flowing river, and the great outdoors, with visitors from all
over the United States and the world;
(5) Frank Moore has spent most of his life fishing the vast
rivers of Oregon, during which time he has contributed
significantly to efforts to conserve fish habitats and
protect river health, including serving on the State of
Oregon Fish and Wildlife Commission;
(6) Frank Moore has been recognized for his conservation
work with the National Wildlife Federation Conservationist of
the Year award, the Wild Steelhead Coalition Conservation
Award, and his 2010 induction into the Fresh Water Fishing
Hall of Fame; and
(7) in honor of the many accomplishments of Frank Moore,
both on and off the river, approximately 99,653 acres of
Forest Service land in the State of Oregon should be
designated as the ``Frank and Jeanne Moore Wild Steelhead
Special Management Area''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``Map'' means the map entitled ``Frank
Moore Wild Steelhead Special Management Area Designation
Act'' and dated June 23, 2016.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(3) Special management area.--The term ``Special Management
Area'' means the Frank and Jeanne Moore Wild Steelhead
Special Management Area designated by section 4(a).
(4) State.--The term ``State'' means the State of Oregon.
SEC. 4. FRANK AND JEANNE MOORE WILD STEELHEAD SPECIAL
MANAGEMENT AREA, OREGON.
(a) Designation.--The approximately 99,653 acres of Forest
Service land in the State, as generally depicted on the Map,
is designated as the ``Frank and Jeanne Moore Wild Steelhead
Special Management Area''.
(b) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the
[[Page S1582]]
Secretary shall prepare a map and legal description of the
Special Management Area.
(2) Force of law.--The map and legal description prepared
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct clerical and typographical errors in the map and
legal description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(c) Administration.--Subject to valid existing rights, the
Special Management Area shall be administered by the
Secretary--
(1) in accordance with all laws (including regulations)
applicable to the National Forest System; and
(2) in a manner that--
(A) conserves and enhances the natural character,
scientific use, and the botanical, recreational, ecological,
fish and wildlife, scenic, drinking water, and cultural
values of the Special Management Area;
(B) maintains and seeks to enhance the wild salmonid
habitat of the Special Management Area;
(C) maintains or enhances the watershed as a thermal refuge
for wild salmonids; and
(D) preserves opportunities for recreation, including
primitive recreation.
(d) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(e) Adjacent Management.--Nothing in this section--
(1) creates any protective perimeter or buffer zone around
the Special Management Area; or
(2) modifies the applicable travel management plan for the
Special Management Area.
(f) Wildfire Management.--Nothing in this section prohibits
the Secretary, in cooperation with other Federal, State, and
local agencies, as appropriate, from conducting wildland fire
operations in the Special Management Area, consistent with
the purposes of this Act, including the use of aircraft,
machinery, mechanized equipment, fire breaks, backfires, and
retardant.
(g) Vegetation Management.--Nothing in this section
prohibits the Secretary from conducting vegetation management
projects within the Special Management Area in a manner
consistent with--
(1) the purposes described in subsection (c); and
(2) the applicable forest plan.
(h) Protection of Tribal Rights.--Nothing in this section
diminishes any treaty rights of an Indian tribe.
(i) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the Special Management
Area river segments designated by subsection (a) is withdrawn
from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
______
By Mr. DAINES (for himself, Mr. Hatch, Mr. Kennedy, and Mr.
Barrasso):
S.J. Res. 29. A joint resolution providing for congressional
disapproval under chapter 8 of title 5, United States Code, of the
final rule of the Office of Natural Resources Revenue of the Department
of the Interior relating to consolidated Federal oil and gas and
Federal and Indian coal valuation reform; to the Committee on Energy
and Natural Resources.
Mr. DAINES. Mr. President, as a fifth-generation Montanan and having
spent 18 years in the private sector, I know how important it is to
receive your fair share in any deal. However, the Office of Natural
Resources Revenue Consolidated Federal oil and gas and Federal and
Indian coal valuation reform rule does not protect the taxpayers' fair
share of mineral royalties as finalized. The rule as finalized creates
high uncertainty and, at worst, could cause many energy operators
across the country to shut-in what is already very capital-intensive
production, placing our Nation's energy and infrastructure security and
good-paying energy jobs at risk. The rule could leave the taxpayer at a
net loss in royalties. This resolution would halt implementation of the
final ONRR valuation rule, a rule whose implementation is already
postponed due to litigation, allowing the States and producers to work
with the Department of the Interior to reform valuation in a common-
sense way.
I thank Senators Hatch and Kennedy for joining me on introducing this
resolution, and I ask my colleagues to join me in supporting this
legislation.
Mr. President, I ask unanimous consent that the text of the joint
resolution be printed in the Record.
There being no objection, the text of the joint resolution was
ordered to be printed in the Record, as follows:
S.J. Res. 29
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That Congress
disapproves the rule submitted by the Office of Natural
Resources Revenue of the Department of the Interior relating
to ``Consolidated Federal Oil & Gas and Federal & Indian Coal
Valuation Reform'' (published at 81 Fed. Reg. 43337 (July 1,
2016)), and such rule shall have no force or effect.
____________________