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Sens. Coons, Tillis statement on the 30th anniversary of Tiananmen Square

WASHINGTON, D.C. – U.S. Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.), co-chairs of the Senate Human Rights Caucus, released the following statement on the 30thanniversary of the Tiananmen Square massacre, which took place on June 4, 1989.

“Thirty years ago, after the Chinese government’s violent crackdown against students peacefully protesting in Tiananmen Square, a man stood in the path of Chinese tanks as troops were departing the square. While we still don’t know the identity of the man, his act remains an important reminder that all people around the world yearn for a basic level of human freedom and dignity. Societies are stronger when they respect the universal rights we all share.

“As co-chairs of the Senate Human Rights Caucus, we honor and remember the Chinese students who raised their voices to call for democracy and freedom. An unknown number of people were killed, wounded, or imprisoned – and never saw justice.

“On the anniversary of the crackdown, we call upon the Chinese government to publicly account for the victims and to respect the rights of China’s citizens to call for political reforms. Just as Americans strive to learn from moments in our own history when we failed to live up to our ideals, so too should the world learn from the protests in Tiananmen Square thirty years ago.”

Sen. Coons responds to Special Counsel Mueller’s statement

WILMINGTON, DE – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, released the following statement after Special Counsel Robert Mueller spoke at the Department of Justice today.
 
“Special Counsel Mueller’s statement today provided two stark, critical reminders to the American people.

“First, Special Counsel Mueller reiterated clearly and unequivocally that Russia attacked our democracy by interfering with our 2016 election.  As we approach the 2020 elections, we must invest more in election security and protect our democracy. This must not be a partisan issue; protecting our democratic process is far more important than politics.

“Second, Special Counsel Mueller pointedly emphasized that he was not able to clear President Trump of obstruction of justice, a fact that should deeply trouble every single American.  The Special Counsel’s report and his statement today indicate strongly that the only reason President Trump has not been indicted for criminal obstruction of justice is a Department of Justice policy prohibiting the indictment of a sitting President.

“The American people deserve a President they can trust and a justice system in which no one – even the President – is above the law.  It’s now up to both chambers of Congress, and members of both parties, to put country over party politics and perform our constitutional oversight responsibilities.”
 
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Coons, Tillis, Connolly, and Fitzpatrick Urge Appropriators to Protect Coast Guard Death Gratuities in the Event of a Government Shutdown

WILMINGTON – Today, U.S. Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) and U.S. Representatives Gerry Connolly (D-Va.) and Brian Fitzpatrick (R-Pa.) sent a bipartisan, bicameral letter to Senate and House Appropriators urging them to protect Coast Guard death gratuities in the event of another government shutdown.

“The longstanding purpose of the death gratuity payment is to assist families of deceased servicemembers in meeting their financial needs during the period immediately following a loved one’s death and before other survivor benefits become available,” the members wrote.  “We were disturbed to hear that families of Coast Guard members killed in action during a government shutdown would be denied the death benefits they were promised.  In light of this injustice, we believe Congress should take action to safeguard grieving Coast Guard families.”

“These benefits should never be subject to government inaction. We must ensure that our nation always meets its sacred obligation to the families of our fallen servicemembers.  We urge your support for funding Coast Guard death gratuities during government shutdowns in the FY2020 Homeland Security Appropriations bill,” the members added.

The Families of Fallen Servicemembers First Act was introduced to provide death gratuities for servicemembers of the other branches of the military during a government shutdown and included in the FY2019 Department of Defense Appropriations bill. However, because the Coast Guard is covered under the Homeland Security Appropriations bill, death gratuity benefits are not currently included in the event of a government shutdown.

Full text of the letter follows and is available here.

May 28, 2019

The Honorable Shelley Moore Capito                        The Honorable Jon Tester

Chairman                                                                         Ranking Member

Subcommittee on Homeland Security                       Subcommittee on Homeland Security

Committee on Appropriations                                     Committee on Appropriations

131 Dirksen Senate Office Building                             128 Dirksen Senate Office Building

Washington, D.C. 20510                                                Washington, D.C. 20510

The Honorable Lucille Roybal-Allard                           The Honorable Chuck Fleischmann

Chairwoman                                                                    Ranking Member

Subcommittee on Homeland Security                        Subcommittee on Homeland Security

Committee on Appropriations                                      Committee on Appropriations

2083 Rayburn House Office Building                           2410 Rayburn House Office Building

Washington, D.C. 20515                                                Washington, D.C. 20515

Dear Chairman Capito, Chairwoman Roybal-Allard, and Ranking Members Tester and Fleischmann:

As you prepare the Fiscal Year (FY) 2020 Homeland Security Appropriations bill, we respectfully request that you provide for the payment of death gratuities for survivors of deceased Coast Guard members in the event of any future government shutdown.

The longstanding purpose of the death gratuity payment is to assist families of deceased servicemembers in meeting their financial needs during the period immediately following a loved one’s death and before other survivor benefits become available.  We were disturbed to hear that families of Coast Guard members killed in action during a government shutdown would be denied the death benefits they were promised.  In light of this injustice, we believe Congress should take action to safeguard grieving Coast Guard families. 

In 2018, the Families of Fallen Servicemembers First Act was introduced to provide death gratuities for servicemembers of the other branches of the military during a government shutdown.  The legislation secured more than 200 bipartisan and bicameral cosponsors and the support of nearly two dozen veteran service organizations.  In light of that broad support and with the help of the Appropriations Committees, the legislation was incorporated into Section 8136 of the FY2019 Department of Defense Appropriations bill.

Sec. 8136. Amounts appropriated for “Defense Health Program” in this Act and hereafter may be obligated to make death gratuity payments, as authorized in subchapter II of chapter 75 of title 10, United States Code, if no appropriation for “Military Personnel” is available for obligation for such payments: Provided, That such obligations may subsequently be recorded against appropriations available for “Military Personnel”.

However, this provision did not cover the Coast Guard, which is funded through the Homeland Security bill.  We respectfully request that you include the language below in the FY2020 Homeland Security bill.

Amounts appropriated for “Retired Pay” in this Act and hereafter may be obligated to make death gratuity payments, as authorized in subchapter II of chapter 75 of title 10, United States Code, if no appropriation for “Military Pay and Allowances” is available for obligation for such payments: Provided, That such obligations may subsequently be recorded against appropriations available for “Military Personnel”.

These benefits should never be subject to government inaction.  We must ensure that our nation always meets its sacred obligation to the families of our fallen servicemembers.  We urge your support for funding Coast Guard death gratuities during government shutdowns in the FY2020 Homeland Security Appropriations bill.  Thank you for your consideration of this request.

Sincerely,

Sens. Carper, Coons support bicameral federal legislation to guarantee equal access to abortion, everywhere

WASHINGTON – Following the recent passage of restrictive anti-choice state laws in Alabama, Georgia and Missouri, U.S. Senators Tom Carper and Chris Coons (both D-DE) joined Senators Richard Blumenthal (D-CT) and Tammy Baldwin (D-WI), U.S. Representatives Judy Chu (CA-27), Marcia Fudge (OH-11), and Lois Frankel (FL-21), and leading women’s health advocates to announce the introduction of the Women’s Health Protection Act (WHPA), bicameral federal legislation to guarantee equal access to abortion, everywhere. WHPA has 42 co-sponsors in the Senate and 171 co-sponsors in the House of Representatives.
 
WHPA guarantees a pregnant person’s right to access an abortion—and the right of an abortion provider to deliver these abortion services—free from medically unnecessary restrictions that interfere with a patient’s individual choice or the provider-patient relationship.
 
From Roe v. Wade in 1973 to Whole Woman’s Health v. Hellerstedt in 2016, the Supreme Court has repeatedly recognized abortion as a constitutional right. However, anti-abortion advocates have worked for years at the state level to pass laws meant to undermine or eliminate access to abortion care. Just in this legislative session, 34 laws that restrict and impede access to abortion have already passed in 15 states and another 350 restrictive laws have been introduced. WHPA would stop these attacks and ensure that abortion access first guaranteed under Roe is a reality for everyone, everywhere. 
 
A recent Politico-Morning Consult national tracking survey found that a majority of registered voters oppose the restrictive laws passed in Georgia and Alabama, including 59 percent of women and 55 percent of independents. The same survey also found that 52 percent oppose overturning Roe v. Wade—including 48 percent of Republican voters.
 
“Across the country, we are seeing extreme, political attacks on a woman’s constitutional right to make her own health care decisions,” said Senator Carper. “These attacks are not only shortsighted and irresponsible, but they also stand in stark contrast to what an overwhelming majority of Americans believe about access to vital health care services. It’s why I’ve teamed up with Senator Coons and my Democratic colleagues to introduce the Women’s Health Protection Act, which safeguards the constitutional right of every woman in America — regardless of where she lives — to make her own decisions about her health care.”
 
“Since 1973, the Supreme Court has recognized the right to choose as deeply rooted in the Constitution,” said Senator Coons. “This bill affirms that right, and guarantees that every person in America, no matter their background, income level, or state of residence, has access to safe, affordable, and legal reproductive care. Today and every day, I’m proud to join Senator Carper and a number of our colleagues in fighting back against repeated attacks on women’s rights.”
 
The bill is co-sponsored in the Senate by U.S. Senators Chuck Schumer (D-NY), Dick Durbin (D-IL), Patty Murray (D-WA), Dianne Feinstein (D-CA), Bob Menendez (D-NJ), Sherrod Brown (D-OH), Kamala Harris (D-CA), Jeff Merkley (D-OR), Sheldon Whitehouse (D-RI), Michael Bennet (D-CO), Edward J. Markey (D-MA), Elizabeth Warren (D-MA), Ben Cardin (D-MD), Martin Heinrich (D-NM), Debbie Stabenow (D-MI), Amy Klobuchar (D-MN), Jon Tester (D-MT), Jacky Rosen (D-NV), Catherine Cortez Masto (D-NV), Jeanne Shaheen (D-NH), Bernie Sanders (I-VT), Mazie Hirono (D-HI), Maggie Hassan (D-NH), Brian Schatz (D-HI), Angus King (I-ME), Tina Smith (D-MN), Gary Peters (D-MI), Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Chris Murphy (D-CT), Patrick Leahy (D-VT), Tammy Duckworth (D-IL), Chris Van Hollen (D-MD), Maria Cantwell (D-WA), Cory Booker (D-NJ), Mark Warner (D-VA), Tom Udall (D-NM), Tim Kaine (D-VA), and Kyrsten Sinema (D-AZ).
 
The bill is co-sponsored in the House by U.S. Representatives Alma Adams, Pete Aguilar, Colin Allred, Nanette Barragan, Karen Bass, Joyce Beatty, Ami Bera, Don Beyer, Earl Blumenauer, Lisa Blunt Rochester, Suzanne Bonamici, Brendan Boyle, Anthony Brown, Julia Brownley, Cheri Bustos, G.K. Butterfield, Salud Carbajal, Tony Cardenas, Andre Carson, Ed Case, Sean Casten, Kathy Castor, David Cicilline, Gil Cisneros, Katherine Clark, William Lacy Clay, Steve Cohen, Gerry Connolly, Jim Cooper, TJ Cox, Charlie Crist, Jason Crow, Elijah Cummings, Susan Davis, Danny K. Davis, Madeleine Dean, Peter DeFazio, Dianna DeGette, Rosa DeLauro, Suzan DelBene, Antonio Delgado, Val Demmings, Mark DeSaulnier, Ted Deutch, Debbie Dingell, Lloyd Doggett, Eliot Engel, Veronica Escobar, Adriano Espaillat, Dwight Evans, Lizzie Fletcher, Bill Foster, Lois Frankel, Marcia Fudge, Ruben Gallego, John Garamendi, Jesus Garcia, Sylvia Garcia, Jimmy Gomez, Al Green, Raul Grijalva, Deb Haaland, Alcee Hastings, Jahana Hayes, Denny Heck, Brian Higgins, Katie Hill, Jim Himes, Eleanor Holmes Norton, Steven Horsford, Chrissy Houlahan, Jared Huffman, Sheila Jackson Lee, Pramila Jayapal, Hank Johnson, Eddie Bernice Johnson, Marci Kaptur, Robin Kelly, Joe Kennedy, Ro Khanna, Derek Kilmer, Ron Kind, Ann Kirkpatrick, Raja Krishnamoorthi, Ann M. Kuster, Rick Larsen, Brenda Lawrence, Al Lawson Jr., Barbara Lee, Susie Lee, Andy Levin, John Lewis, Ted Lieu, David Loebsack, Zoe Lofgren, Alan S. Lowenthal, Nita Lowey, Ben Ray Lujan, Carolyn B. Maloney, Sean Patrick Maloney, Doris Matsui, Lucy McBath, Betty McCollum, A. Donald McEachin, James P. McGovern, Gregory W. Meeks, Grace Meng, Joseph D. Morelle, Gwen Moore, Seth Moulton, Debbie Mucarsel-Powell, Jerrold Nadler, Grace F. Napolitano, Joseph Neguse, Tom O’Halleran, Alexandria Ocasio-Cortez, Ilhan Omar, Jimmy Panetta, Cris Pappas, Donald M. Payne, Ed Perlmutter, Scott H. Peters, Chellie Pingree, Mark Pocan, Katie Porter, Ayanna Pressley, David Price, Mike Quigley, Jamie Raskin, Kathleen Rice, Cedric Richmond, Harley Rouda, C.A. Dutch Ruppersberger, Linda T. Sanchez, John P. Sarbanes, Mary Gay Scanlon, Janice D. Schakowsky, Adam Schiff, Bradley Scott Schneider, Kurt Schrader, Kim Schrier, Bobby Scott, David Scott, Jose E. Serrano, Terri A. Sewell, Donna Shalala, Brad Sherman, Mikie Sherrill, Albio Sires, Adam Smith, Darren Soto, Jackie Speier, Thomas R. Suozzi, Eric Swalwell, Mark Takano, Mike Thompson, Bennie Thompson, Dina Titus, Rashida Tlaib, Paul Tonko, Norma J. Torres, Lori Trahan, David Trone, Filemon Vela, Nydia M. Velasquez, Debbie Wasserman Schultz, Bonnie Watson Coleman, Peter Welch, Jennifer Wexton, Susan Wild, Frederica Wilson, and John Yarmuth.
 
WHPA is also endorsed by leading women’s health and civil rights organizations, including the Center for Reproductive Rights, Planned Parenthood Federation of America, NARAL Pro-Choice America, and the ACLU.
 
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Sen. Coons celebrates passage of bipartisan legislation to lower taxes on Gold Star families

WASHINGTON, D.C. – Today, U.S. Senator Chris Coons (D-Del.) celebrated the unanimous passage of the Gold Star Families Tax Relief Act in the Senate. Senator Coons joined a bipartisan group of senators in co-sponsoring the legislation to provide tax relief for survivor benefits received by children who have lost a parent as a result of their service in the military.
 
The 2017 Tax Cuts and Jobs Act raised taxes on children’s survivor benefits by treating them as trusts or estates, rather than earned income. The Gold Star Families Tax Relief Act fixes this error and will now go to the House of Representatives for consideration.
 
“We are indebted to Gold Star families who have lost their loved ones in service to our country. The last thing we should do is ask them to give more, and I’m proud that the Senate unanimously passed the Gold Star Families Tax Relief Act to lower tax rates on survivor benefits for these families,” said Senator Coons.  “As we honor those who have died in service to our nation this Memorial Day weekend, the passage of this bill is an important reminder to make sure that we are lifting up Gold Star families in their hour of need.”
 
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Coons, Cornyn, Cassidy, Sinema Unveil Bill to Ensure Reliable, Affordable and Environmentally-Sound Energy Supply

WILMINGTON – U.S. Senators Chris Coons (D-Del.), John Cornyn (R-Texas), Bill Cassidy, M.D. (R-La.), and Kyrsten Sinema (D-Ariz.) introduced the Launching Energy Advancement and Development through Innovations for Natural Gas (LEADING) Act, which would incentivize research and development of carbon capture technology for natural gas to ensure a reliable, affordable, and environmentally sound energy supply. The LEADING Act will promote the continued use of natural gas so we can keep energy bills low, maintain U.S. energy security, and protect the environment all at the same time.
 
“I am proud to work with Senators Cornyn, Cassidy, and Sinema on legislation to tackle climate change,” said Sen. Coons. “In order to address this global threat, we need to invest in innovative energy technologies that can drastically reduce carbon dioxide emissions. The LEADING Act is critical to near-term reductions of emissions from our electricity and industrial sectors, and will help power innovation and create jobs.”
 
“The U.S. leads the world in emissions reduction, but to build on that success, we need to incentivize innovation and partner with the private sector to create affordable solutions,” Sen. Cornyn said. “Instead of a one-size-fits-all mandate that would bankrupt our country, this bill encourages the continued use of natural gas so we can protect the environment and remain a global leader in energy innovation.”
 
“The United States is leading by example with cleaner burning natural gas, showing the world that families can have lower utility bills, a cleaner environment, and better jobs,” said Dr. Cassidy. “Transitioning to natural gas is lowering our carbon footprint and investing in innovative technology will increase these benefits. Energy investment in Louisiana has created thousands of good-paying jobs across our state and unleashed U.S. energy dominance.”
 
Background on the LEADING Act:
 
By increasing the use of natural gas and other innovative resources, the United States is leading the world in emissions reduction.  Natural gas is now the main source of energy in the United States, generating 35.1% of our electricity in 2018.  The U.S. Energy Information Administration (EIA) expects this number to continue to rise for the foreseeable future as more natural gas power plants come online.  Natural gas emits 50 to 60 percent less carbon dioxide when combusted in a natural gas power plant compared with other sources. Natural gas supports the deployment of renewable energy, and natural gas power plants can quickly and safely ramp up and down to combat the volatility of renewables.  Developing cost-effective carbon capture technology for natural gas power plants will help the United States continue to lower emissions while creating jobs and supporting domestic energy production and security.  
 
The Launching Energy Advancement and Development through Innovations for Natural Gas Act would require the Secretary of Energy to establish a program for the research, development, and demonstration of commercially viable technologies for the capture of carbon dioxide produced during the generation of natural gas-generated power. Specifically, the bill would:
 
·         Require the U.S. Department of Energy (DOE) to establish a program to develop cost-effective carbon capture technologies for use by natural gas-generating power facilities. By incentivizing research and innovation, the goal is to accelerate development and commercial application of natural gas carbon capture technologies and create a partnership with the private sector for demonstration projects.
 
·         Encourage DOE to include the participation of National Laboratories, universities, and research facilities, including the National Carbon Capture Center.
 
·         Require DOE to solicit applications for demonstration projects and submit a report to Congress detailing legislative recommendations, applicant evaluation method, expected goals for technology development, estimations of project costs, and timelines for project construction.
 
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Sen. Coons presses Amazon on consumer privacy practices for Alexa devices

WASHINGTON, D.C. – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, today sent a letter to Amazon Chief Executive Officer Jeff Bezos requesting information about the company’s privacy and data security practices for Alexa devices. The letter follows recent news reports indicating that Amazon stores and indefinitely preserves text transcripts of user voice recordings, a practice that potentially puts Amazon users’ privacy at risk.
Last year, Coons and Senator Jeff Flake (R-Ariz.) sent a letter to Bezos regarding privacy concerns about the Amazon Echo and its voice-activated software, Alexa. In response, Amazon highlighted many of its privacy protections, including the ability for a consumer to delete any and all voice recordings that Alexa sends to the cloud.
“Unfortunately, recent reporting suggests that Amazon’s customers may not have as much control over their privacy as Amazon had indicated,” Senator Coons wrote. “While I am encouraged that Amazon allows users to delete audio recordings linked to their accounts, I am very concerned by reports that suggest that text transcriptions of these audio records are preserved indefinitely on Amazon’s servers, and users are not given the option to delete these text transcripts. The inability to delete a transcript of an audio recording renders the option to delete the recording largely inconsequential and puts users’ privacy at risk.”
In the letter, Coons requests information on the types of data Amazon collects, stores, and preserves, as well as the degree to which consumers control their personal information.
To view a PDF of the letter, click here.
Full text of the letter can be found below.
Mr. Jeff Bezos
Chief Executive Officer
Amazon, Inc.
410 Terry Avenue North
Seattle, WA 98109
Dear Mr. Bezos:
I write regarding Amazon’s privacy and data security practices in light of recent news reports indicating that your company stores and indefinitely preserves text transcriptions of user voice recordings, a practice that potentially puts Amazon users’ privacy at risk.
Last year, I wrote a letter with Senator Flake regarding concerns about the Echo, Amazon’s Internet-connected personal assistant-style device, and its voice-activated software, Alexa.  In response to this letter, Amazon highlighted many of its privacy protections.  These included assurances about Alexa’s on-device buffer, as well as the ability for a consumer to delete any and all voice recordings that the Alexa system sends to the cloud.
Unfortunately, recent reporting suggests that Amazon’s customers may not have as much control over their privacy as Amazon had indicated.  In the letter that we received on July 27, 2018, Amazon wrote that “[c]ustomers can review and listen to the voice recordings associated with their account in the Alexa app, and delete them individually or all at once, which also deletes them from our server.”  While I am encouraged that Amazon allows users to delete audio recordings linked to their accounts, I am very concerned by reports that suggest that text transcriptions of these audio records are preserved indefinitely on Amazon’s servers, and users are not given the option to delete these text transcripts.  The inability to delete a transcript of an audio recording renders the option to delete the recording largely inconsequential and puts users’ privacy at risk.
In Amazon’s response to my concerns last year, I was assured that “[f]rom early-stage development, [Amazon] built privacy deeply into the hardware and service by design, and with Alexa and Amazon’s Alexa-enabled products we strive to put the control with our customers.”  If consumers cannot delete transcripts of their voice recordings, I am concerned that Amazon has not lived up to this standard.
The increasing popularity of in-home, Internet-connected devices and voice-activated technologies raises questions about the types of data they collect, store, and share, as well as the degree to which consumers control their personal information.  Companies like Amazon that offer services through these devices should address these concerns by prioritizing consumer privacy and protecting sensitive personal information.
As a member of the Judiciary Committee, I have a longstanding interest in the privacy and security of consumers’ personal data, including information collected by in-home, Internet-connected devices and voice-activated technologies.
I therefore request that Amazon provide answers to the following questions.
1. Regarding transcripts of user voice recordings that have been sent to the cloud:
      • How long does Amazon store the transcripts of user voice recordings?
      • Do users have the ability to delete any or all of these transcripts?
      • Are there any transcripts that a user cannot delete?  If so, why is a user permitted to delete voice recordings but not the corresponding text transcript?
      • For what purpose does Amazon use these transcripts?
      • Does Amazon take any measures to anonymize user identity and other information in relation to these transcripts?

2. Does Amazon preserve, either in audio or textual form, the Alexa system’s responses to user questions?  If so, is a user able to delete the audio or the transcript of such a response?

3. Regarding the wake word processing system:

      • In determining when a user has finished issuing a command, for how long does the system wait until it stops recording, on average?
      • Is any audio that is captured by the on-device buffer ever sent to the cloud if the wake word is not detected?
      • Is audio that is captured and stored in the device’s temporary memory transcribed by the automatic speech recognition system?  If so, are those transcripts similarly stored only in the device’s temporary memory, or are they sent to the cloud?
      • Amazon’s July 27, 2018 letter indicates that the Alexa system comes with a setting whereby a user can allow Alexa to respond to a series of requests without the customer needing to repeat the wake word.
      • Is this a default setting, or does a consumer need to affirmatively enable this setting?
      • For how long does Alexa listen for subsequent commands after the wake word is spoken when this setting is enabled?

I appreciate your prompt attention to this matter and would respectfully request a response by June 30, 2019.

                                                                                                Sincerely,

Sens. Coons and Tillis and Reps. Collins, Johnson, and Stivers release draft bill text to reform Section 101 of the Patent Act

WASHINGTON, D.C. – Today, U.S. Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.), Ranking Member and Chair of the Senate Judiciary Subcommittee on Intellectual Property, and Representatives Doug Collins (R-Ga.), Ranking Member of the House Judiciary Committee, Hank Johnson (D-Ga.), Chairman of the House Judiciary Subcommittee on Intellectual Property and the Courts, and Steve Stivers (R-Ohio) released a bipartisan, bicameral draft bill that would reform Section 101 of the Patent Act.

The draft bill text comes after Senators Coons and Tillis revived the Senate Judiciary Subcommittee on Intellectual Property and follows feedback from dozens of stakeholders, industry representatives, and individual inventors after releasing a framework in April. The proposal was released in advance of the final roundtable the Senators and Representatives are holding on Thursday and is intended to solicit feedback. For that reason, the language contained in the draft bill text is not final, and is subject to additional revision.

Additionally, Senators Coons and Tillis plan on holding Senate Judiciary Subcommittee on Intellectual Property hearings on June 4, 5 and 11 regarding the state of patent eligibility in the United States. The purpose of these three hearings is to solicit additional stakeholder feedback and to hear from a diverse set of witnesses on the problems different industries are facing with our nation’s patent eligibility laws. Each hearing will feature three panels of five witnesses each, for a total of 45 witnesses over three days.

“I appreciate the collaborative efforts of colleagues in both the Senate and the House, as well as the ongoing engagement of stakeholders, as we work to make needed improvements to the U.S. patent system,” said Senator Coons. “The United States is the most innovative country on the planet. Strengthening our intellectual property laws to encourage and reward research and innovation is critical to our leadership in developing cutting-edge technologies and safeguarding our national security. I look forward to continuing to work with my colleagues and stakeholders as we finalize legislation.”

“I want to thank my congressional colleagues for all of their hard work on this important issue,” said Senator Tillis. “The release of this draft bill text comes after months of discussions with interested stakeholders. We believe this draft framework represents a true balance that will restore integrity, predictability and stability to our nation’s patent system, while also preventing the issuance of overly broad patents. We look forward to feedback on this draft bill text and to holding public hearings to further discuss the state of patent eligibility in the United States.”

“American innovation leads the world and drives our economy. Unfortunately, bad actors like China are stealing our intellectual property and threatening our preeminence with their own massive investment in research and development in critical areas of technology. We must reform the patent system to ensure our nation remains number one in innovation,” said Ranking Member Collins. “I appreciate the partnership of Senators Tillis and Coons and Representatives Johnson and Stivers as we work to encourage research that produces life-saving technologies. I look forward to continue engaging stakeholders to address any concerns with this draft legislation.”

“Section 101 of the Patent Act is foundational to the patent system, but recent court cases have upset what should be solid ground. That’s why I’ve been pleased to work with my colleagues—Senators Tillis and Coons; Representatives Collins and Stivers— on this effort to restore predictability and stability to the patent eligible subject matter inquiry that will ensure that the patent system is available to incentivize innovation in key areas of our economy,” said Rep. Johnson. “The draft language released today represents an important step in the process, the result of extensive consultation with stakeholders from a wide range of industries and perspectives.  I look forward to continuing to receive feedback as we in the House of Representatives undertake our review of this important issue,” said Congressman Hank Johnson, who serves as Chairman of the House Judiciary Subcommittee on Courts, IP and the Internet.”

“Every day in my home state of Ohio, leaders in the fields of biologics research and diagnostics invest their time to discover lifesaving cures. American startups in these and every industry revolutionize technology usage and have the opportunity to propel our society forward with innovative discoveries and products, but we must work to protect these innovators with the ability to secure a patent that rewards their risk and investment.” said Rep. Stivers. “Following months of discussions with my colleagues and stakeholders, this bipartisan discussion draft shows our commitment to reforms that unleash our nation’s game-changing innovation, instead of stifling it. This draft proposes crucial steps to reform our patent laws to better reflect the twenty-first century’s rapidly evolving scientific and technological advancements.”

The draft bill text released by Coons, Tillis, Collins, Johnson, and Stivers makes the following changes:

Section 100:

(k)           The term “useful” means any invention or discovery that provides specific and practical utility in any field of technology through human intervention.

Section 101: 

(a)           Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

(b)           Eligibility under this section shall be determined only while considering the claimed invention as a whole, without discounting or disregarding any claim limitation.

Section 112

(f)            Functional Claim Elements — An element in a claim expressed as a specified function without the recital of structure, material, or acts in support thereof shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 

Additional Legislative Provisions:

  • The provisions of section 101 shall be construed in favor of eligibility.
  • No implicit or other judicially created exceptions to subject matter eligibility, including “abstract ideas,” “laws of nature,” or “natural phenomena,” shall be used to determine patent eligibility under section 101, and all cases establishing or interpreting those exceptions to eligibility are hereby abrogated.
  • The eligibility of a claimed invention under section 101 shall be determined without regard to: the manner in which the claimed invention was made; whether individual limitations of a claim are well known, conventional or routine; the state of the art at the time of the invention; or any other considerations relating to sections 102, 103, or 112 of this title.

To view the draft bill text, click HERE.

Coons, Tillis, Collins, Johnson, and Stivers continue to solicit feedback on the proposal and encourage stakeholders to email IntellectualProperty@tillis.senate.gov.

 

Klobuchar, Coons Press U.S. Election Assistance Commission on Cybersecurity Expertise and Agency Management

WASHINGTON – U.S. Senators Amy Klobuchar (D-MN), Ranking Member of the Senate Committee on Rules and Administration, and Chris Coons (D-DE), Ranking Member of the Senate Appropriations Subcommittee on Financial Services and General Government, sent a letter to the U.S. Election Assistance Commission (EAC) over reports that a lead official responsible for certifying voting systems has stepped down, potentially leaving the agency without sufficient cybersecurity expertise ahead of future elections. In the letter, the senators asked for information regarding agency management, staff recruitment, and testing and certification deadlines for voting machines. 

“As you know, our state and local government partners face significant and sophisticated cybersecurity threats from foreign actors. Against this backdrop, it is critical that our nation’s election officials have the support they need from the federal government in modernizing their voting systems, and the EAC has a responsibility to maintain a high-functioning certification program,” the senators wrote. 

“Public reporting indicates that the EAC now employs only one full time staff member dedicated to overseeing the certification process. Given the length of time the certification process can take, we are concerned that the EAC will not have the resources and capacity needed to certify the machines that states intend to use as part of their modernization efforts ahead of the 2020 elections.” 

The full text of the letter can be found below:

Dear Commissioners and Executive Director Newby: 

As the Ranking Members of the Senate Committee on Rules and Administration, and of the Senate Appropriations Subcommittee on Financial Services and General Government, we write to express our deep concern regarding reports that a lead official responsible for certifying voting systems at the Election Assistance Commission (EAC) stepped down, potentially leaving the agency without sufficient cybersecurity expertise ahead of the next elections. 

We are further concerned by a recently disclosed Office of Personnel Management (OPM) report which outlines several management concerns related to the operations of the Commission. The issues raised in the OPM report have been reinforced by concerns reported to our staff regarding the work environment at the EAC.

Following the resignation of Ryan Macias, public reporting indicates that the EAC now employs only one full-time staff member dedicated to overseeing the certification process. While we understand that the Commission may be working to hire additional staff, we are concerned by the sudden appointment of Jerome Lovato to be the Director of Testing and Certification especially as reports indicating that Mr. Lovato will be working remotely, more than a thousand miles from EAC headquarters. As states continue to update their election equipment and vendors develop new machines, it is essential that Testing and Certification at the EAC be fully operational. Given the length of time the certification process can take, we are concerned that the EAC will not be able to certify the machines that states intend to use as part of their modernization efforts ahead of the 2020 elections.

As you know, our state and local government partners face significant and sophisticated cybersecurity threats from foreign actors. With these challenges, it is critical that our nation’s election officials have the support they need from the Federal Government in modernizing their voting systems and that the EAC fulfills its responsibility to maintain a high-functioning certification program.

To help us understand what the EAC needs in order to effectively carry out its mission, we respectfully request answers to the following questions by May 24th:

  1. What short-term actions will the EAC take to dedicate more resources to its certification program?
  2. What will the EAC do to improve its ability to recruit and retain talented and expert staff?
  3. While we understand that the length of certification is not always predictable and can vary between machines, what would you estimate is the approximate “deadline” to submit a machine for certification that is intended to be used in the 2020 general election? If different types of machines will have different estimated deadlines, please provide those.
  4. How will the number of staff overseeing the EAC certification program affect these deadlines?
  5. What does the EAC believe is the ideal staffing level to oversee its certification program?
  6. What skillsets are the EAC prioritizing in its hiring for staff to oversee its certification program?
  7. How has the Commission worked to implement the recommendations of the OPM report?
  8. In 2018, the EAC Office of the Inspector General (OIG) issued a report outlining “long-standing and overarching weaknesses related to EAC operations.” And in 2017, the OIG specifically noted that conditions at the EAC have resulted in “…an inability of EAC to focus on key duties, a failure to hold people accountable, and a decline in staff morale.” How is the EAC working to improve employee morale within the agency? 

Thank you for your attention to this serious matter.

Sincerely,

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Sens. Coons, Ernst introduce bipartisan resolution celebrating Vision To Learn helping 200,000 students

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Joni Ernst (R-Iowa) today led a bipartisan coalition of Senators in recognizing national nonprofit Vision To Learn for reaching the important milestone of helping 200,000 children nationwide. Vision To Learn travels to schools across the country, providing free eye exams and free glasses to children in low-income communities.
To view the resolution, please click here. 
“When you can improve the vision of a child, you open up an entire new world to them,” said Senator Coons. “Too many students in Delaware who need glasses to see the board, conduct an experiment, or participate in class, go without. Vision To Learn solves this problem by helping thousands of kids get the glasses they need to succeed in school and reach their full potential. I’m proud to join with Senator Ernst and my colleagues to recognize Vision To Learn’s success and celebrate this important milestone.”
“As one of the most rural states in the nation, many Iowans have limited access to eye care, with the nearest optometrist being as far as 50 miles away for some families,” said Senator Ernst. “That’s why I’m so appreciative of the tremendous success of Vision To Learn in providing our children greater access to eye care by bringing eye exams directly to our local schools. I’m proud to join my Democratic colleague Senator Chris Coons of Delaware in putting forward our bipartisan resolution to recognize and celebrate Vision To Learn’s success in helping more than 200,000 children across our nation, including thousands of kids in Iowa.”
As many as two million children across the United States lack the eye glasses they need to succeed in school and life. Vision To Learn’s common sense approach allows licensed eye care professionals, working out of state-of-the-art mobile clinics, to provide services directly to schools and students. Established in 2012 by the Beutner Family Foundation, Vision To Learn has already provided free vision exams to 200,000 students.
The bipartisan resolution was cosponsored by Senators Kamala Harris (D-Calif.), Roger Wicker (R-Miss.), Debbie Stabenow (D-Mich.), Bill Cassidy (R-La.), Tom Carper (D-Del.), David Perdue (D-Ga.), Bob Menendez (D-N.J.), Pat Toomey (R-Penn.), Sherrod Brown (D-Ohio), Cindy Hyde-Smith (R-Miss.), Bob Casey (D-Penn.), John Boozman (R-Ark.), Mike Rounds (R-S.D.), Thom Tillis (R-N.C.), Chuck Grassley (R-Iowa), Amy Klobuchar (D-Minn.), Kyrsten Sinema (D-Ariz.), Mitt Romney (R-Utah), Richard Burr (R-N.C.), Marsha Blackburn (R-Tenn.), Doug Jones (D-Ala.), Tim Kaine (D-Va.), Brian Schatz (D-Hawaii), Mazie Hirono (D-Hawaii), Chris Van Hollen (D-Md.), Tim Scott (R-S.C.), Susan Collins (R-Maine), Dianne Feinstein (D-Calif.), Pat Roberts (R-Kan.), Deb Fischer (D-Neb.), Jerry Moran (R-Kan.), Jeff Merkley (D-Ore.), John Kennedy (R-La.), Mike Crapo (R-Idaho), Steve Daines (R-Mont.), Cory Booker (D-N.J.), Johnny Isakson (R-Ga.), Roy Blunt (R-Mo.), John Thune (R-S.D.), Ben Cardin (D-Md.), Dick Durbin (D-Ill.), James Lankford (R-Okla.), and Tom Udall (D-N.M.).