Related Issues

Related Issues

Donald Trump does not understand manufacturing

The United States is in a manufacturing recessionPresident Trump made a campaign pledge to deliver support for American manufacturing workers and create new jobs, but he has done the opposite. A strategy for continuing American global leadership in manufacturing is right in front of him – if he cared to read it.

President Trump and his administration have been working over the past three years to undo essential federal programs that actually support manufacturers. We shouldn’t be tearing down critical programs that work – we should be working to ensure more manufacturers are aware of these programs and can take full advantage of them. We should also improve upon current initiatives so we can make progress toward addressing the real challenges facing manufacturers today.

Manufacturers in America, particularly small manufacturers, are stretched. These businesses must balance day-to-day operations and production deadlines along with overcoming the additional hurdles of rapidly changing technology, global competition and cybersecurity threats.

The prolonged tariffs and the trade war with China have delivered the weakest U.S. manufacturing activity in more than a decade. Last month, thousands of jobs were lost, and the confidence of American executives sank to its lowest level since 2009. President Trump is forgetting to first, do no harm.

Supporting our manufacturers is a bipartisan priority. Having spent a decade working in manufacturing, I know the importance of the sector firsthand, and working to sustain and grow U.S. manufacturing has been a top priority for me.

When I ask manufacturers in Delaware and across the country what they are struggling with, they bring up finding new hires with the right training, access to capital and export assistance. This is where Congress should focus our energy, and I’d like to highlight the programs already in place that can help manufacturers right now.

Perhaps the single most important federal program supporting small manufacturing businesses is the Manufacturing Extension Partnership (MEP) program. MEP has been helping create jobs and delivering training in every state for the last 30 years despite President Trump’s repeated attempts to defund the program.

Large manufacturing firms have the process engineers and technical staff they need to meet innovation or optimization needs, but MEP helps lend staff with that expertise to small manufacturers who do not have those personnel on payroll. In my home state of Delaware, MEP helped Crystal Steel Fabricators in Delmar reduce scrap steel by 10 percent, buy more efficient equipment, and add a night shift and overtime for employees. PTM Manufacturing in New Castle credits the Delaware MEP program with enabling their production output to increase by 350 percent by implementing advanced manufacturing concepts. The return on investment is clear. For every $1 of federal investment, the MEP program creates over $27 in new sales growth for manufacturers. I’ve heard from many Delawareans that this program makes an important difference in their businesses, and all manufacturers should be aware of it.

A new program that is addressing workforce training is the Manufacturing Engineering Education Program. This initiative provides apprenticeship, high school, and college-level training to the next generation of manufacturing leaders. The program is in its second year and is still ramping up, but it should only be the beginning of a nationwide effort to develop a strong manufacturing curriculum in every state.

These programs have proven to be helpful, but there’s also more we can be doing at the federal level to help grow our manufacturing sector.

To start, we should improve access to capital. Early-stage manufacturers, compared to other sectors, often struggle to grow because they need larger facilities and more expensive equipment. I worked to get cash-strapped startups access to the R&D tax credit in 2015, and I’ve been working with my Republican colleague Sen. Tim Scott from South Carolina to improve access to capital for small manufacturing businesses. Congress should pass our bipartisan, bicameral legislation that provides low interest loans to manufacturers that are growing and creating jobs.

Congress should also be investing more in the next generation of advanced manufacturing technologies. In 2014, the Obama administration began standing up a national network of regional manufacturing hubs called the Manufacturing USA program. The Manufacturing USA initiative has built 14 public-private partnerships that include life-saving biopharmaceutical drugs in Delaware, advanced lightweight materials in Michigan, and high-performance composites in Tennessee.

The Manufacturing USA program is so successful that China is copying our model. China is investing enormously and is on a path to establish 40 manufacturing innovation centers of their own by 2025. There’s no reason the U.S. should get lapped by China. The president should sign my bipartisan bill, the Global Leadership in Advanced Manufacturing Act, to maintain pace with China and expand the number of Manufacturing USA institutes over the next decade to meet the original vision of 45 regional hubs spread across the country.

Supporting U.S. manufacturing is commonsense. Let’s make the right decisions for American manufacturers and show that they still have allies in Congress working for them.

This bipartisan gun bill would help protect Delaware families from gun violence

Gun violence in the United States is a deadly epidemic that we cannot ignore.
As an occasional hunter, I know the right to keep and bear firearms, protected by the Second Amendment, is a fundamental freedom. However, in the face of countless tragedies, including two 16-year-olds who were shot in Wilmington in recent weeks and recent deadly mass shootings in El Paso, Odessa, and Dayton, we need to offer more than thoughts and prayers.
We must take action to keep our communities safe.
It’s clear that we need to enact laws to make it more difficult for deadly weapons to find their way into the wrong hands, and Delawareans — on both sides of the issue — agree.
In a meeting with Moms Demand Action last month in Wilmington, I heard from parents who are confronting the reality of active shooter drills in schools and hearing from their children about how they had to practice hiding in a closet and being quiet.
Over the past year, I’ve met with community leaders who’ve described the systemic trauma embedded in the fabric of their communities because of gun violence. I’ve also met with many Delawareans who are passionate supporters of the Second Amendment, but who also recognize the need to better enforce existing gun safety laws and pass common-sense new ones.
Our children and our families are scared. They’re ready for — and deserve — action.
Community leaders and law enforcement agencies at the local, county, and state levels are doing what they can — from modernized policing tactics to community-led intervention strategies — but the fact is that this a national problem that requires national change. 
The House of Representatives has passed gun safety legislation, but every day, we’re losing momentum as we wait for Republican leadership in the Senate and the White House to do their part. In the last month, they seem to have given up interest altogether, but the time to act is now.
In the Senate, we should pass bipartisan legislation — which has already passed the House of Representatives — to strengthen our background system. We should also pass a bipartisan bill from my colleagues, Sens. Dianne Feinstein, Lindsey Graham and Richard Blumenthal, encouraging states to follow Delaware’s lead and create and enforce “extreme risk protection order” laws. These proposals have built-in due process protections for gun owners while also preventing individuals who should not have firearms from having access to them.
We should pass my bipartisan gun safety bill with Sen. Pat Toomey, a Republican from Pennsylvania, that would ensure that local authorities are notified if somebody who is prohibited from purchasing a firearm tries to buy a gun.
Right now, in Delaware and the majority of other states, local law enforcement is not notified when somebody fails a federal background check. We should change that, and my bill makes sure that local law enforcement will receive this vital information, period. 
In August, the White House and Leader Mitch McConnell said that they were ready to find a way to transform these common-sense, bipartisan bills into a comprehensive gun safety package that would be brought to the Senate floor for a vote.
But, we’re still waiting.
We can’t continue to do nothing as we witness tragedy after tragedy in this country through senseless gun violence. Right now, Americans are more informed, motivated, and ready to see us act than ever before.
Let’s take advantage of this opportunity and finally do something to make American families and communities safer.

New Senate caucus will seek bipartisan solutions to address the climate challenge

As we travel across Delaware and Indiana, we consistently hear concerns that our climate is changing and our constituents are looking for Congress to step up and take action.

In its current state, our national conversation on this issue is too polarized, toxic, and unproductive. In this environment, American leadership is sidelined, instead replaced by partisan bickering. To us, this is unacceptable.

Today, we are launching the Senate Climate Solutions Caucus, a bipartisan group of senators who, like the Americans we serve, believe Congress should play a central role in guiding America’s 21st century energy economy and addressing the challenge of a changing climate. Our caucus seeks to take the politics out of this important issue. Instead, members will commit to an honest dialogue, through which we can develop solutions that solidify American environmental leadership, promote American workers, and make meaningful progress on protecting our environment.

We are not going into this challenge empty handed. American innovators have laid the groundwork by making significant progress, inventing new technologies to increase efficiency and decrease the environmental impacts of manufacturing, agricultural production, and electricity generation. Every day, another American company announces a pledge to achieve carbon neutrality. Congress can build on these efforts, giving American businesses the tools they need to get there.

We recognize the simple reality that climate policy is too serious to ram through Congress on a partisan basis. Republicans and Democrats have to work together, compromise, and find common ground. Our caucus will help facilitate these discussions by bringing an equal number of members from each party to the table, and it will only act when each member agrees. We will meet regularly and convene experts from across the political spectrum to discuss ideas such as developing economic incentives to reduce emissions, promoting the role of agriculture as a climate solution, and ensuring that any energy transition protects American energy consumers while supporting energy security and workforce development.

We may seem an unlikely pair to team up on this effort. We come from different political parties and represent different parts of the country, but we both recognize the importance of American leadership in addressing our changing climate.

For example, Delaware has the lowest average elevation in the country. Studies have indicated that in less than 50 years, nearly 7,000 Delawareans could see their homes destroyed by flooding caused by rising sea levels. Some of Delaware’s largest industries rely on stable, predictable weather to function and remain profitable. The state dedicates 40 percent of its land to agriculture production and counts tourism as its fourth largest private industry sector. Rising temperatures, paired with increasing droughts and severe storms, have created serious issues for these industries and the thousands of people they employ.

Indiana is one of the largest agriculture and manufacturing states in the country where 70 percent of our energy relies on coal. This is why it is critical that Indiana be represented at the table to make sure that progress on environmental policy is balanced by the need to continue building good paying Hoosiers jobs. The state has made great progress at improving environmental outcomes in the past, but there is room for our manufacturing, agriculture, and energy sectors to continue leading the nation in innovation. 

We look forward to working with our colleagues to address this challenge in a way that strengthens our competitiveness, grows our economy, and creates opportunity for American workers. This bipartisan caucus is an important step forward.

The Senate Must Rein In Trump

After President Donald Trump’s disastrous decision to abandon the Kurds and withdraw our troops from northern Syria, Congress spent this past week trying to decide how best to respond. A resolution of denunciation? Tough sanctions on Turkey? Reconsider our relationship with Turkey? Convene the coalition against ISIS and consider how to recapture or even track the hundreds of escaped fighters?

I think we have an even bigger problem on our hands.

Until now, it was reasonable to debate whether Trump was simply an unconventional president, the first with no prior experience serving in either our military or government, or whether he was truly willing to work with foreign dictators to place his own political interests ahead of our nation’s. This week, we learned that this was a false choice—he’s both.

First, despite the temporary cease-fire that Vice President Mike Pence and Turkish President Recep Tayyip Erdo?an announced on Thursday, the damage President Trump has caused cannot be undone. He betrayed our Kurdish allies, aided Russia and Iran, and gave ISIS a chance to reconstitute itself—all to serve his own perceived political interests.

Second, Trump’s abrupt order to withdraw U.S. troops from northern Syria was not a legitimate response to Americans who are tired of “forever wars.” An abrupt withdrawal from Syria that emboldened our enemies and has already led to the death of hundreds of innocent people was not what the American public had in mind. And just days after Trump announced the withdrawal from Syria, abandoning the Kurds and risking the revival of ISIS, he deployed another 3,000 troops to Saudi Arabia. The net impact is more American troops in the Middle East.

Third, and perhaps most importantly, Trump knew full well how ill-advised an abrupt withdrawal from Syria would be because he tried to do it once before, in December 2018. In response, Secretary of Defense James Mattis resigned in protest and a broad coalition in Congress voiced its strong opposition to the withdrawal.

Less than a year later, all it took to convince Trump once again that Mattis and nearly every serious foreign-policy and security leader from either party in Congress were wrong was a phone call with Erdo?an, the increasingly authoritarian leader of Turkey.

The president apparently chose to listen to the Turkish dictator instead of his top advisers and the bipartisan consensus in Congress because he thought it would make a good campaign talking point.

While we need to do everything we can to limit the impacts of the president’s decision, members of Congress also need to ask ourselves what we can do to prevent Trump from letting other dictators steer U.S. foreign policy as Erdo?an has done.

What’s to stop Trump from pulling the United States out of the North Atlantic Treaty Organization, offering up Taiwan to China’s President Xi, or handing over Estonia to Vladimir Putin? What about withdrawing our troops from South Korea to secure a nuclear deal with Kim Jong Un or abandoning the Baltics to secure peace in Ukraine? Those terrible ideas might strike Trump as bold strokes designed to bring our troops home, too.

We can’t let any of those hypothetical situations come to fruition, because, as we have seen in Syria, the vacuum of American leadership is quickly filled by adversaries.

If the Senate fails to act now to constrain the president and dissuade foreign dictators from asking Trump to desert longtime allies, disregard U.S. interests, and overturn years of U.S. foreign policy, we will have no one to blame but ourselves. It’s true that foreign policy is primarily driven by the executive branch, but it’s Congress’s role to establish guardrails, particularly when the president cannot be trusted to pursue American interests.

The Senate needs to put Trump, our national-security leadership, our allies, and the strongmen with whom Trump regularly flirts on notice. We need to demonstrate to dictators that our system is different: Congress can constrain the president and punish dictators for acting against our interests. There is broad bipartisan support for doing so in this case, and that should extend to preventing a repeat performance.

The Senate must preemptively put in place mechanisms to defend our democracy and our network of alliances before Trump acts against our interests once again, whether to indulge his isolationist impulses or to distract from impeachment.

Specifically, we should pass legislation to prevent a U.S. withdrawal from NATO without congressional approval, require Senate approval of any adjustments to U.S. troop levels in South Korea or Japan, and debate an Authorization for Use of Military Force that accurately reflects the conflicts in which we are currently engaged and claws back war-making authority from the executive branch.

Trump’s tragic decision in Syria unleashed ISIS and abandoned our Kurdish partners to the mercy of their new defenders, whether “Russia, China, or Napoleon Bonaparte,” as Trump tweeted. This cannot be accepted on its own, and it cannot be allowed to establish a new precedent for American foreign policy.

Let’s work together to fix our health care system, not sabotage it

Over the past few months, I’ve spoken with Delawareans at town hall events up and down our state, and whether I’m in Georgetown, Delaware City or Newark, I hear the same thing time and time again: Put politics aside, work together, and get things done. 

To every Delawarean who feels that way: I hear you, loud and clear, and I couldn’t agree more, because if we do work together, we can actually make changes that will benefit all American families. That’s particularly true when it comes to improving our healthcare system. 

I wasn’t in the Senate when the Affordable Care Act was passed, and I know it’s not perfect, but I firmly believe that instead of scrapping the progress we’ve made to strengthen the quality of health insurance and give more people access to coverage, we should work together to keep improving it.

Scrapping the Affordable Care Act entirely would return us to the days when Delawareans could be denied coverage due to a preexisting condition like cancer, asthma, diabetes or multiple sclerosis. In fact, over 389,000 Delawareans under the age of 65 are currently living with a preexisting condition. It would also mean that millions more Americans could be faced with financial ruin when a loved one gets sick. 

Unfortunately, though, the administration is trying to do just that. The administration is arguing in a lawsuit, Texas v. United States, that the Affordable Care Act should be struck down, despite the fact that they have no viable plan to replace it.

We can’t allow political differences to get in the way of Americans’ health care. If we repeal the Affordable Care Act without a plan to replace it, many American families would be impacted.

Those impacts would only get worse until Democrats and Republicans could agree on an entirely new plan for our healthcare system. Recent history has shown us that is an exceptionally difficult task, and realistically, could take us years to accomplish. 

So, let’s instead work together to fix our healthcare system, not sabotage it. We can build upon the Affordable Care Act to continue to expand coverage and bring down costs, and there are ways we can do that right now. 

First, we need to bring more certainty to the marketplace and provide relief to families whose premiums are increasing every year. 

Second, we need to address the high cost of prescription drugs. I’ve supported several proposals this year that would allow Medicare to negotiate drug prices, hold manufacturers accountable when they abruptly increase the cost of drugs, cap out-of-pocket spending for Medicare seniors, and increase transparency for rebates negotiated between pharmacy benefit managers and pharmaceutical companies.  

Third, we need to invest in medical research. When the president sought to slash funding to critical organizations like the National Institutes of Health, Republicans and Democrats in Congress worked together to secure increases for NIH-funded research programs. Last year, Congress increased the NIH’s budget by $2 billion and this year, if we put politics aside and work together, I know we can do it again.

Finally, we need to take an all-hands-on-deck, national approach to address our country’s opioid abuse epidemic.

In 2017, nearly 350 people died from overdoses in our state, up 12 percent from the previous year. August 2018 was the deadliest month on record for drug-related overdoses, claiming 39 Delawareans in just 31 days. Republicans and Democrats have made progress – we passed a funding bill last year that included $3.7 billion to help states like Delaware fight the opioid epidemic – but there’s more that needs to be done.

I hope you’ll join me in calling on all members of Congress to put politics aside, work together, and get things done. I know that can sometimes seem impossible, but if there’s anyone up to leading the charge, it’s Delaware. Here, we know that working across the aisle isn’t just a nice thing to do – it’s the only thing to do. It’s the Delaware way.

Democrats Need to Talk About Their Faith

Just over a year ago, before the frenzy of the midterm elections hit full swing, I traveled to Ohio to campaign with Senator Sherrod Brown, who was running for reelection. I told the crowds about the Sherrod I know from the weekly prayer breakfast he hosts in the Capitol, every Wednesday when the Senate is in session.

When I brought up his faith at our first campaign stop, though, a funny thing happened: As I told the folks in the room about how inspiring and passionate Sherrod is when talking about his faith, many faces showed surprise. They knew him as a passionate advocate for the middle class and a brilliant, hardworking senator, but not everyone knew him as man of faith. It wasn’t part of his stump speech.

At our second stop, the same thing happened. By our third stop, Sherrod had changed his stump speech. He still emphasized manufacturing, health care, and education, but he also talked about how his faith inspires him to fight for the dignity of every person he represents. He talked about how all of us are called to care for, support, and lift up our neighbors. He was arguing for the same progressive policies he’d discussed before, but rooting his perspective and values in the Gospels. In the room, heads were nodding; people understood exactly where he was coming from. It reminded me of the famous Christian edict: “Preach the Gospel at all times. When necessary, use words.”

Unfortunately, choosing not to talk much—or even at all—about faith and religion has become common in today’s Democratic Party. That choice, I believe, is the wrong one for two important reasons.

First, it hides away the deep, passionate, and formative faith backgrounds of so many Democrats who are seeking or serving in office. At our weekly Senate prayer breakfasts, for example, I’m consistently inspired and moved by the words of my colleagues whose faith is fundamental to their life and their work, but who rarely talk about it publicly.

Second, choosing not to talk about our faith as Democrats ignores the clear fact that America is still an overwhelmingly religious country, and that the Democratic Party, too, remains a coalition largely made up of people of faith—including tens of millions who identify as deeply religious.

There are good reasons—and some bad ones—that explain how we’ve gotten to this point.

For starters, we simply haven’t done enough to counter the decades-long effort by Republicans to claim that the most important, pressing political issues for Christians are opposition to abortion access and LGBTQ rights. Many Democrats of my generation remember all too well the “Moral Majority” of the late 1970s and early ’80s that intertwined the Christian right with the Republican Party, blurring the lines of politics and religion in ways we can still see today.

Make no mistake—those GOP efforts have made a difference, and slowly but surely, Democrats have allowed conventional wisdom to correlate public displays of Christian religiosity with anti-abortion and anti-LGBTQ policies.

Democrats today spend less time showing how our faith and religious backgrounds drive and inform our positions on all kinds of things—immigration, climate change, taxes, health care—out of a largely unspoken concern that publicly connecting faith with politics doesn’t quite fit.

Some argue that Democrats’ de-emphasis of faith makes sense in a country that’s becoming less religious, but that vastly overstates the decline of religious affiliation in America. For all the talk of American secularization, only 17 percent of the people who voted in 2018 identified their religion to pollsters as “none.”

Others argue that while America might remain a religious country overall, the Democratic Party is notably less so. But about half of Democratic voters were considered highly religious, and more than a quarter fairly religious, on the Pew Research Center’s 2014 Religious Landscape Study.

Why, then, does conventional wisdom argue that Democrats are becoming dramatically less religious or even anti-religious? It’s true that fewer Democrats today identify as highly religious—but observers have placed more emphasis on the direction of that shift than on its actual magnitude. To explain that, one has to give some credit to the sustained, though plainly inaccurate, arguments to that effect made by Republicans over the years, but Democrats are also sometimes guilty of misreading the country and our own voters on this issue.

Take for example, the inaccurate stereotype of the Democratic base as Millennial and secular. First, Millennial voters still make up only a relatively small percentage of Democrats. And second, while Millennial voters identify, more than any generation before them, as religiously unaffiliated, a majority of them still identify as at least somewhat religious. Those that don’t are an even smaller (albeit increasing) slice of the country and the party.

The perception of Democratic voters as being less religious also comes from an excessive focus on white Democrats. In the 2014 Pew survey, fully 78 percent of African-American Democrats were highly religious, 17 percent were fairly religious, and only 5 percent were not religious at all. Among Hispanic Democrats, the numbers were similarly clear: 57 percent were highly religious, 29 percent were fairly religious, and only 15 percent were not religious. The point is that while white Millennial voters might receive the most attention from the national media and some strategists, their changing religious identity is only a small part of the story for the party overall.

That’s why Democratic officials and candidates need to lose their reluctance to talk publicly about how faith informs our work, our values, and our lives. I’ve been encouraged by the ways that many of the Democrats running for president have done just that.

Senator Cory Booker told his congregation, the Metropolitan Baptist Church in Newark, that he was going to run for president before he publicly announced his candidacy, and said in a CNN town hall that “Christ is the center of my life.” Senator Elizabeth Warren, a former Sunday-school teacher, recently quoted the Gospel of Matthew while speaking to an audience in Mississippi about her own faith, and spoke eloquently about feeling called to action. Mayor Pete Buttigieg told a town-hall audience that “scripture is about protecting the stranger, and the prisoner, and the poor person, and that idea of welcome.” Former Vice President Joe Biden (whose candidacy I have endorsed) has for decades spoken about how his faith has sustained him through tragedy and inspired him to serve others.

Those examples reflect an important point: Democrats can fight for our progressive values while also identifying with the religious backgrounds that are so important to tens of millions of Americans. It’s not about citing one scripture verse or another to argue for a certain policy; it’s about letting those Americans for whom religion is central to their lives know that we understand them, respect them, and in many cases share their religious backgrounds.

There is, of course, a wrong way to do this. We must be careful to never weaponize or politicize faith, religion, or scripture, nor should we claim some sort of divine endorsement for our policies. A healthy dose of humility is always important when interpreting scripture, and doubly so when it inspires politics and policy. We also need to make clear that Democrats are committed to both freedom of and freedom from religion. Americans of all faiths or no faith at all should feel equally welcomed in our coalition.

Democrats should remember that while we’re a party committed to progressive values, we’re also a party that’s inspired and driven by many people of faith, seeking to lead, inspire, and heal a country that remains deeply religious. We’re at our best when we remember that those aren’t facts to be reconciled, but rather truths that mutually reinforce who we are.

Several months after my visit in 2018, Sherrod Brown was reelected in Ohio by 7 points. In Ohio, that’s more than 300,000 votes—and it was a double-digit percentage swing from 2016, when Donald Trump won the state by more than 8 points.

At his victory party, Sherrod finished his remarks on stage by saying, “Let me dig a bit deeper to explain how I see the world and the sisterhood and brotherhood of humanity. At gatherings like this, we Democrats seldom talk about our faith … Here’s what Jesus said: ‘When I was hungry, you fed me. When I was thirsty, you gave me drink. When I was a stranger, you welcomed me. What you did for those who seemed less important, you did for me.’ Let our country—our nation’s citizens, our Democratic Party, my fellow elected officials all over the country—let them all cast their eyes toward the heartland, to the industrial Midwest, to our Great Lakes state. Let them hear what we say. Let them see what we do.” ?

Coons and Tillis: What We Learned At Patent Reform Hearings

The United States has long been a nation of innovators and entrepreneurs. The American people’s ability to create solutions to problems that evaded others for centuries has propelled our unrivaled technological, economic and military leadership. This ability to generate exciting breakthrough innovations is due in large part to our founders’ decision to harness the creative genius of American inventors through strong intellectual property laws.

If you have watched the popular prime-time show “Shark Tank,” you have probably seen that the ability to secure patent protection plays a vital role in securing funding for new ideas. A patent can easily make or break the dreams of an entrepreneur. That same patent-protection calculus plays out in equally high-stakes boardroom meetings, as investors and executives decide how to allocate limited resources.

As one former director of the U.S. Patent and Trademark Office explained to the Senate Judiciary Committee’s intellectual property subcommittee, which we lead together, “inventions deemed eligible today drive tomorrow’s jobs, national competitiveness, economic prosperity, and even national security.”

But a critical question is: What is patent eligible today? Over time, courts have clouded the line to exclude critical medical advances like life-saving precision medicine and diagnostics. Recent decisions have also made it difficult to predict whether exciting and important technologies like artificial intelligence make the cut.

For that reason, we have engaged in thorough, thoughtful, bipartisan and bicameral legislating. Most recently, the Senate IP subcommittee held three public hearings on the state of patent eligibility, following the release of draft legislative text with Reps. Hank Johnson, D-Ga., Doug Collins, R-Ga., and Steve Stivers, R-Ohio, to serve as the basis for discussion. We heard from 45 witnesses, ranging from inventors to scholars, patient advocates to trade groups, former USPTO officials and the former chief judge of the Federal Circuit to business leaders. We appreciate the feedback we received. Some like what we’re doing, and some don’t, but it was important to us that everyone had the opportunity for their views to be heard.

The hearings reinforced what we’ve been hearing for years — the U.S. patent system with regard to patent eligibility is broken and desperately needs to be repaired. The U.S. Supreme Court has confused and narrowed Section 101 of the Patent Act to the point that investors are reluctant to pursue the innovations that propel our country forward. We heard about studies showing that investors familiar with the current lack of clarity invest less in critical research and development in areas like medical diagnostics and artificial intelligence, at least in the United States.

The current director of the USPTO recently noted that inventors and judges alike struggle on a daily basis to determine “what is in and what is out” and wondered whether even Thomas Edison’s famous phonograph patent would survive the courts’ recent tests for eligible subject matter. 

Likewise, two former USPTO directors testified to this disturbing lack of clarity, and the former chief judge of the U.S. Court of Appeals for the Federal Circuit characterized patent eligibility as “the number one problem in our patent system today.” He noted that, despite having personally drafted over 800 patent opinions, he struggled to predict the results in any given case. His view is shared by current Federal Circuit judges, one of whom recently wrote that the lack of clarity in the law made it “near impossible to know with any certainty whether the invention is or is not patent eligible.”

If these experts can’t figure it out, how can we possibly expect inventors, executives or investors to make informed decisions? If they can’t be confident that they will recoup the time and money required to bring a new product to market, won’t they stop investing? Indeed, that is exactly what we heard at the hearings. When organizations like the Cleveland Clinic Foundation express concerns about developing new medical diagnostic technology because of the patent system, we should all take note. 

Another point that came through loudly and clearly was the necessity for Congress to intervene. Witnesses explained that the Federal Circuit and the USPTO cannot salvage this situation because they are constrained by recent Supreme Court precedent. 

We also heard about the Supreme Court’s denying over 40 petitions for certiorari on this topic since its disruptive decision in the Alice case five years ago. So dire is the situation that several sitting Federal Circuit judges have called on Congress to act. In one prominent case, for example, the court invalidated claims to a revolutionary prenatal test for Down syndrome and other conditions that allowed doctors to avoid invasive procedures. As one judge lamented, he saw “no reason, in policy or statute, why this breakthrough invention should be deemed patent ineligible.”

We agree. Without the guarantee of patent protection to compensate for the decades and hundreds of millions of dollars necessary to bring a U.S. Food and Drug Administration-approved product to market, who will find tomorrow’s cures? As one patent expert testified, those undiscovered treatments are “not available to the patient at any price.”

Not everyone agrees that reform is needed. Some witnesses cautioned that the status quo provides a mechanism to terminate baseless patent infringement lawsuits quickly and efficiently. We hear these concerns, and we invite suggestions to mitigate them. We cannot permit the courts, however, to destabilize our patent system for the sake of deterring nuisance litigation. We can consider legislative provisions directly targeting the behavior of bad actors, and we welcome additional feedback on this point. 

Several witnesses urged us not to permit patenting of scientific research per se, mere abstract ideas and nontechnical methods of doing business. It is not our intent to do so. To be clear, our patent system was never intended to protect artistic creations, methods of investing, or items found in nature. Our

framework attempts to provide a positive definition of eligibility to focus courts on subject matter that is eligible while eliminating the confusing and unreliable judicially created tests that dissect patent claims looking for “abstract ideas” and “inventive concepts.” 

Our proposed abrogation of the court cases establishing those tests does not mean that the results of each case should have turned out differently. While some decisions have wrongly excluded important subject matter from the patent system, others reached the correct result only after navigating an unnecessarily confusing maze of precedent.

In addition, as several witnesses reminded us, patent eligibility is far from the only requirement for obtaining a patent. Existing laws preclude patents on ideas that would have been obvious or are not adequately described and clearly claimed. It is the effort to collapse these distinct inquiries into the threshold evaluation of eligibility under Section 101 — which used to serve only as a “coarse filter” — that has led to many of the problems we heard about over the past two weeks. 

That said, we want to ensure that these provisions pull their weight. To that end, we proposed amendments to other portions of the Patent Act to guard against the types of overly broad, functional patent claims frequently cited by those concerned about abuse. 

At bottom, changes are needed. We must fix a system in which something as seemingly technical and concrete as a networked charging station for electric vehicles was recently struck down as ineligible for patent protection regardless of whether it was novel — an example cited by multiple witnesses. 

Others, including American innovation leaders like Qualcomm Inc. and International Business Machines Corp., testified that the uncertainty surrounding patent eligibility is affecting the development
of technologies like 5G, quantum computing and artificial intelligence — innovations that not only promise to make life better for Americans, but also to protect our national security. We heard about how inventions like these are receiving patents in Europe and China, but not in the United States. Why should we cede our competitive edge at this critical juncture?

Even some witnesses advocating against broad reform conceded that there are problems with the current system, particularly in the life sciences. A leading academic who defended some aspects of the status quo nonetheless characterized this area of the law as “a mess,” and a trade association representing high-tech companies opposing reform nonetheless recognized the challenges facing stakeholders in the life science industry. These admissions reflect the overwhelming concerns expressed to us in recent years about how the courts have discouraged research and development in this area.

Other witnesses, including the American Civil Liberties Union, expressed concerns about the patenting of human genes. As we stated at the hearing, it is not our intent to allow such patents, and several witnesses, including the Association of American Universities and the Intellectual Property Owners Association, disagreed that our proposal would enable that result.

Testimony at the hearings further clarified that — because the entire human genome has been mapped for many years — these concerns are misplaced. That said, we want to be very clear on this point, and we welcome proposals to clarify our proposed legislation. 

We do want to incentivize research and development into the exciting prospects of individualized diagnostics and precision medicine, which is tied to genetics. We are working hard to ensure the protections that will enable our innovators to bring these products to market while safeguarding research into the next generation of medical advances.

For example, we are considering a provision that would exempt research and experimentation from infringement liability. This type of exception is common around the world. It would allow basic research to continue unimpeded by patents, which are designed to control commercialization, not stifle research. We will be reviewing any additional suggestions we receive that would promote research without discouraging product development.

The alternative to Section 101 reform would, in our view and the view of many witnesses, suppress research. Multiple witnesses explained that decreased confidence in the patent system to protect their inventions and discoveries triggers resort to trade secret protection. It may seem obvious, but trade secrets require secrecy. They do not permit the free flow of information among competing scientists.

The patent system, on the other hand, is built on a fundamental bargain in which we offer inventors limited exclusivity in exchange for public disclosure of their inventions. That way, others can build upon those discoveries, verify their effectiveness and explore alternative solutions. That is how the system used to work and can work again.

Now that the hearings have concluded, we continue to welcome input from all stakeholders as we consider necessary adjustments before we introduce a bill. In addition to clarifying our proposal regarding the eligibility of gene patents, we will investigate ways to sharpen the “field of technology” requirement to ensure that critical advances like artificial intelligence and medical diagnostics qualify, but not economic transactions or social interactions.

We will also consider ideas for reinforcing Section 112 of the Patent Act, which should operate to prevent inventors from claiming all possible solutions to a problem while also serving to protect inventors against those seeking to profit on trivial modifications. 

We know change is needed, and we know that we have additional work to do. We seek your feedback as we craft a legislative solution to support the exciting and often life-saving work of our entrepreneurs and innovators, whether in garages or multimillion-dollar labs. We feel confident that, working together, we can ensure that the United States patent system reclaims its reputation as the gold standard for promoting innovation.

Chris Coons is a Democratic U.S. senator from Delaware and ranking member of the Senate Judiciary Committee’s Subcommittee on Intellectual Property.

Thom R. Tillis is a Republican U.S. senator from North Carolina and chairman of the Senate Judiciary Committee’s Subcommittee on Intellectual Property.

A bipartisan effort to support 21st Century American manufacturing

I recently introduced the Global Leadership in Advanced Manufacturing Act with my colleague from Colorado, Republican Sen. Cory Gardner, to expand the national network of Manufacturing USA institutes that are working to keep the U.S. on the cutting edge of advanced manufacturing.

When I take the Amtrak train from Wilmington to Washington, D.C., I pass by a site that both haunts and inspires me. It’s the site of the former Chrysler plant in Newark.

For years, that plant was a pillar of Delaware’s economy. As recently as 2000, it employed 3,000 high-skilled, high-wage Chrysler workers building new Dodge Durangos. In turn, those employees were able to support their families, buy houses and cars, and keep our local economy strong.

Today, though, that plant is gone – a reflection of the global economic changes that have shaken communities across our country.

The loss of that plant hit Delaware hard, but, in a testament to our state’s initiative and resilience, that site is now home to something called a Manufacturing USA Institute, where a different kind of manufacturing has taken hold.

At that same site in Newark, medical researchers in the new National Institute for Innovation in Manufacturing Biopharmaceuticals (NIIMBL) are hard at work, developing, testing, and innovating ways to make lifesaving and life-improving medicines of the future.

NIIMBL is a public-private partnership funded by $70 million dollars in federal funding and matched by another $129 million from industry and private sector. The institute is only in its second year of operation, and has already attracted 115 members from industry, academia, and non-profits spanning over 20 states across the U.S. The best companies and universities in the biopharmaceutical field are organizing through Delaware to develop vaccines, gene therapies, and cancer drugs that will result in life saving cures that we and our loved ones will benefit from one day. These innovations will not only save lives, but they will also provide jobs for Delawareans who will manufacture those medical innovations.

Unfortunately, though, if Congress does not update this program, Delaware’s Manufacturing USA institute will miss out on vital federal funding it needs.

So, to build on the success we’ve already seen with Manufacturing USA Institutes, I recently introduced the Global Leadership in Advanced Manufacturing Act with my colleague from Colorado, Republican Senator Cory Gardner, to expand the national network of Manufacturing USA institutes that are working to keep the U.S. on the cutting edge of advanced manufacturing. This bill will also enable NIIMBL to keep competing for federal dollars, just as the other 13 institutes around the country are currently able to do.

The idea behind the bill is simple: we know that Manufacturing USA Institutes work. They help ensure that the United States isn’t just keeping up with the changing economy, but that we’re leading it.

In fact, I believe that we have to expand the program to ensure that American manufacturers can succeed in the face of foreign competition, particularly from China. The Chinese seem to agree – they’ve essentially copied our Manufacturing USA Institutes model in their “Made in China 2025” plan, which includes the creation of 40 advanced manufacturing hubs to compete with the U.S. program.

If we don’t remain committed to supporting American manufacturing, China will out-invest the United States in this area, and we cannot afford to let that happen. If we continue to invest in manufacturing, though, we can ensure that the 21st Century technologies used around the world are American-designed and American-made. That’s why our bipartisan bill doesn’t just double down on Manufacturing USA Institutes, but also strengthens their role in helping to train Americans in advanced manufacturing skills.

The experts project that new technology will lead to 3.5 million new jobs over the next decade, and we want those jobs to be in the United States. To do that, we need to ensure that our workforce has advanced manufacturing skills and industry-recognized certifications.

This is not a Democratic or a Republican challenge, it’s an American one. If we work together, we can build on our country’s proud manufacturing legacy and continue to develop and manufacture the medicines, technologies, and products the world will rely on this century and beyond.

Coons and Rooney: 75 Executives Lobbied Congress for a National Carbon Price. We Listened.

Right before Memorial Day, over 75 businesses came to Capitol Hill to demand that their lawmakers establish a national carbon price. The participating business leaders collectively employ over 1 million U.S. workers and represent a combined market value of around $2.5 trillion—the largest group of businesses assembled on the Hill to advocate for climate legislation in a decade.

In over 80 meetings with members and staff from both the House and Senate, these business leaders spoke forcefully on the risk climate change poses to their operations, their employees, and their customers. They challenged Congress to heed their warning, accept the severity of the crisis, and take action to address the threat of a rapidly warming world. And they made clear: There is support in the business community for setting a national carbon price as a central component of any legislative strategy to address climate change.

Now, it is our responsibility, as members of Congress, regardless of our party affiliation, to respond to the businesses who drive our economy.

We represent different parts of the country and stand on opposite sides of the aisle in Washington, but we agree that there is perhaps no issue as urgent for our nation—and our economy—as tackling climate change.

Fortunately, solutions are not as elusive as politics would suggest. Seven in 10 Americans are concerned about climate change—more than ever before. Climate impacts are being felt by Americans all across the country and our constituents are calling for solutions. And an increasing number of both Democrats and Republicans agree on a key policy to address climate change: putting a price on carbon pollution.

Businesses know all about the risks of climate change. Companies are increasingly experiencing disruptions to their supply chains and damages to their assets from floods, droughts, wildfires, storms, and other climate-driven extreme weather, and investors see it reflected in their portfolios. Businesses’ bottom lines show that climate change isn’t a far-off risk, it’s a cost that’s already racking up damages to our economy to the tune of more than $300 billion a year, an amount which is only expected to grow.

That’s why we have both introduced legislation proposing a price on carbon. A price on carbon will level the economic playing field in the energy sector, unlock market-driven innovation, and lead to the deployment of low, zero, and negative carbon technologies. It will help create millions of new jobs and slash U.S. carbon emissions dramatically, making it a powerful tool for curbing climate pollution. Our bills are not the only ones—there are several proposals to price carbon that have been introduced in Congress.

The transition to a cleaner economy should not be achieved at the expense of those who will be hardest hit: That’s why we propose using the proceeds from the carbon fee to help ease the transition to a clean energy economy, by returning money to the taxpayers as a dividend each month, investing in research and development, and rebuilding our infrastructure.

Our approach also aims to efficiently reduce emissions and spur innovation and investment in new technologies. Placing a price on carbon emissions allows for individuals and companies to make more informed decisions by factoring in the cost of greenhouse gas pollution to society, allowing the market to appropriately respond by reallocating resources to lower-emissions products and behaviors. A transition to clean energy is a job creator: In 2018, the renewable energy and energy efficiency sectors alone employed nearly 3.3 million Americans. And this proposal would create and support more jobs across a wide range of sectors, including in the building trades, manufacturing, science, and engineering.

Our own states are already unlocking the growth potential of clean energy and working to minimize the future costs of rising seas. In Delaware, we are transitioning our electricity sector to 25% renewable generation by 2025. And in Florida, cities are already spending over $4 billion to harden infrastructure, improve drainage, and renourish beaches to combat tidal flooding.

The public is often presented with a false choice between growing the economy and combating climate change but we are heartened to see businesses recognize that this trade off is a myth. America must not lose out on the good paying jobs and new technologies that will come with the transition to clean energy. A strong, stable, national carbon price will help combat climate change, speed the uptake of renewable energy in the U.S., unlock innovation in our economy, and boost our competitiveness overseas.

It’s time for Congress to take bold action to address climate change and create jobs. Putting a price on carbon will help us reach both of these goals.

Chris Coons is a Democratic senator from Delaware. Francis Rooney is a Republican representative from Florida.

The Threat to American Elections You Don’t Know About But Should

Over the past several months, we’ve heard a lot about the Russian government’s interference in our 2016 election, and rightly so. But we’ve heard less about another threat that has nothing to do with Vladimir Putin but is just as destructive and just as effective at undermining the integrity of our democracy: a decades-long assault on voting rights. This campaign is nothing less than a sustained attack on American democracy from within.
We have no doubt that voter suppression laws have been “passed with racially discriminatory intent,” as federal courts have recognized. We also know that others were passed with an unacceptable tolerance of discriminatory effects. In 2013, those who seek to discriminate were empowered by the Supreme Court’s decision in Shelby County v. Holder, which struck down a key part of the Voting Rights Act, the landmark law that was one of the greatest achievements of the modern civil rights movement. These days, discriminatory barriers to the ballot box often hide behind seemingly benign objectives of “fighting voter fraud” and “protecting election integrity.”
But as we discussed earlier this month at an event hosted by the Brennan Center for Justice, there’s more to the story of why these laws have proliferated in recent years. We believe that those of us who oppose these voter suppression efforts have failed to raise awareness about what they actually do. 
Read the full op-ed here.