Carper, Coons co-sponsor bipartisan legislation to restore wetlands and migratory bird habitat

WASHINGTON, D.C. – On the 30th anniversary of the North American Wetlands Conservation Act (NAWCA), U.S. Senators Tom Carper (D-Del.) and Chris Coons co-sponsored bipartisan legislation to reauthorize NAWCA through 2024. The legislation would also increase authorized annual funding for the program to $60 million. NAWCA was originally enacted in 1989 to provide federal cost-share funding—in partnership with funding from state and local governments, private industry, and non-profit organizations like Ducks Unlimited—to projects that conserve North America’s waterfowl, fish and wildlife resources.

“For more than 30 years, the North American Wetlands Conservation Act has been a proven, cost-effective program for conserving our nation’s vital wetland and waterfowl habitat,” said President of Ducks Unlimited Rogers Hoyt. “The introduction of this bill is a noteworthy first step to ensure the next generation of Americans, especially waterfowl hunters, have access to the same natural resources we enjoy today. We thank Senators Heinrich, Kennedy, Cassidy, Carper and their colleagues for this strong act of bipartisan support of the NAWCA program and look forward to working with Congress to pass this bill.”

Wetlands secure freshwater supplies, recharge aquifers, and mitigate soil erosion and flooding disasters. In addition, waterfowl, migratory birds, fish, and mammals that depend on wetlands support multi-billion dollar outdoor recreation activities such as hunting, fishing, wildlife viewing, and photography. NAWCA funding has been critical to acquiring, restoring, and enhancing this habitat in all 50 states, Canada, and Mexico. In total, nearly 3,000 NAWCA projects have contributed to the conservation and restoration of nearly 30 million acres of habitat all across North America.

NAWCA has provided a great return on investment, generating, on average, three additional dollars for every federal dollar. Over the program’s history, federal grants totaling more than $1.6 billion have spurred $4.68 billion for NAWCA projects through matching and nonmatching funds. NAWCA funds have also supported an average of 7,500 jobs each year and more than $5 billion in annual economic activity.

Joining Senators Carper and Coons as original cosponsors of the bill are U.S. Senators Mike Crapo (R-Idaho), Doug Jones (D-Ala.), Susan Collins (R-Maine), Tom Udall (D-N.M.), Roger Wicker (R-Miss.), Lisa Murkowski (R-Alaska) and Jon Tester (D-Mont.). Companion legislation was introduced in the House, led by U.S. Representatives Mike Thompson (D-Calif.) and Rob Wittman (R-Va.).

A copy of the bill is available HERE. 

Carper, Coons reintroduce bicameral bill to block Muslim Ban implementation

WASHINGTON – U.S. Senators Tom Carper and Chris Coons (both D-Del.) joined Rep. Judy Chu (CA-27) and Senator Chris Murphy (D-CT) in introducing companion bills in the House and Senate to block the implementation of President Trump’s executive order blocking travel from majority Muslim countries. The bills would prohibit the use of any funds or fees to implement Executive Order 13780, signed on March 6, 2017. 

“President Trump’s travel ban was born out of fear and hostility and will not improve our national security,” said Senator Carper. “I will always remember my visit to the Philadelphia International Airport two years ago in the hours after President Trump signed this misguided executive order. On that day, and in the days and weeks that followed, thousands of Americans joined together to send a message to the world that immigrants of all religions are welcome in America and will always be welcome in Delaware. Denying a group of people entry in our country based on their religion or nationality is not only unjust – it’s un-American. I believe that we have a moral obligation to treat others the way we want to be treated. That Golden Rule is shared – in some form or another – by every major religion around the world. Today, I’m proud to join Senator Coons and many other colleagues in reintroducing a bill that would block this dangerous policy.”

“President Trump’s travel ban is not only discriminatory, it also stands in direct contrast to the principles embedded in our Constitution and the idea that our nation is where all people are free to worship as they choose,” said Senator Coons. “I’m proud to join my colleagues in the House and Senate in opposing continued implementation of the ban and working to ensure something like this never happens again. The best way to protect the security of the nation, to uphold foundational American values, and to safeguard our democracy is to respect the Constitution’s fundamental protections and the laws passed by Congress.” 

In the Senate, the bill is cosponsored by: Sens. Dianne Feinstein (D-CA), Patty Murray (D-WA), Kamala Harris (D-CA), Kirsten Gillibrand (D-NY), Mazie Hirono (D-HI), Ed Markey (D-MA), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), Dick Durbin (D-IL), Chris Van Hollen (D-MD), Tammy Duckworth (D-IL), Tom Udall (D-NM), Jeanne Shaheen (D-NH), Richard Blumenthal (D-CT), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Ben Cardin (D-MD), Jeff Merkley (D-OR), Cory Booker (D-NJ), Jack Reed (D-RI),  Ron Wyden (D-OR), Bernie Sanders (I-VT), Sherrod Brown (D-OH), Maggie Hassan (D-NH), and Amy Klobuchar (D-MN).

The House cosponsors are: Reps. Gwen Moore (WI-04), Jan Schakowsky (IL-09), Don Beyer (VA-08), Steven Hosford (NV-04), Yvette Clark (NY-09), Gregory Meeks (NY-05), Eleanor Holmes Norton (DC), Eric Swalwell (CA-15), Gerald E. Connolly (VA-11), Rashida Tlaib (MI-13), Jerry Nadler (NY-10), Grace Meng (NY-06), Ilhan Omar (MN-05), Ro Khanna (CA-17), Bonnie Watson Coleman (NJ-12), Juan Vargas (CA-51), Debbie Dingell (MI-12), Mark Takano (CA-41), Peter Welch (VT), Deb Haaland (NM-1), Grace Napolitano (CA-32), Frank Pallone, Jr. (NJ-3), Chuy Garcia (IL-04), Brian Higgins (NY-26), David Trone (MD-06), Gilbert R. Cisneros Jr. (CA-39), Zoe Lofgren (CA-19), Elijah Cummings (MD-07), Barbara Lee (CA-13), Adam Smith (WA-09), Joseph P. Kennedy III (MA-4), Pramila Jayapal (WA-07), James P. McGovern (MA-02), Andy Levin (MI-09), Debbie Mucarsel-Powell (FL-26), Henry Johnson, Jr. (GA-04), Andre Carson (IN-07). 

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Senators introduce bipartisan bill to expand and support teacher leadership opportunities

WASHINGTON – U.S. Senators Chris Coons (D-DE), Joni Ernst (R-IA), Chuck Grassley (R-IA), Cory Gardner (R-CO), Chris Murphy (D-CT), Sheldon Whitehouse (D-RI), Doug Jones (D-AL), Pat Roberts (R-KS), Jim Inhofe (R-OK), and Jack Reed (D-RI)  today introduced the Teachers Are Leaders Act, which would create partnerships between colleges and high-need schools to develop and support innovative teacher leader roles. 

Teachers are one of the most important factors in student achievement. Unfortunately, high teacher attrition rates, which have neared 8 percent in recent years, mean that quality teachers are leaving the classroom every year. Teacher attrition rates are highest in our lowest-performing schools, where students have the greatest need for high-quality teachers.  

The top reasons for teachers leaving the classroom often include a lack of administrative support, professional learning opportunities, and decision-making input. Teachers desire and deserve a variety of career advancement opportunities to lead in their school without having to leave the classroom. Recognizing this, innovative districts and states such as Delaware and Iowa have created “teacher leader” roles, wherein classroom teachers take on additional responsibilities to address unique school needs.

To support these efforts, this bill would support locally-designed teacher leader development programs that would create teacher leader roles that directly address demonstrated school needs, which could range from peer coaching to developing new dual enrollment courses. The bill would ensure that the continuum of teacher preparation and development extends beyond the first few years of teaching and would offer a practical way for higher education to address teacher recruitment and retention challenges. 

“Teachers invest so much of themselves in their students, so it’s critical that we invest in them to ensure they have all the resources they need to make sure every child can receive an excellent education. Teacher leadership is a promising investment that offers teachers new learning and leadership opportunities, which have been shown to improve teacher job satisfaction, and more importantly, to increase student achievement,” said Senator Coons. 

“Investing in Iowa’s educators is investing in our future leaders. Unfortunately, rural school districts are struggling to attract and retain teachers, often due to lack of administrative support and professional development opportunities. The Teachers Are Leaders Act will enable teachers to develop their skills and take on additional responsibilities, while providing a better-quality education for our students,” said Senator Ernst.

“Boosting teachers’ ability to improve student learning will build a better future for our kids and our country. Iowa’s teacher leadership program has proven results with increases in both retaining excellent teachers and districts meeting their achievement goals. This legislation will help us spread that success nationwide,” Senator Grassley said. 

“As a father of three children currently enrolled in the Colorado public school system, I understand the pivotal role teachers play in the development of our students,” said Senator Gardner. “When quality teachers leave the classroom because they don’t have the necessary resources, it is our children who suffer. Students everywhere deserve to have the best learning opportunities at their disposal and that starts with providing leadership opportunities and support for our teachers.”

“Great teachers are great equalizers – they can help students overcome any barrier to learning. This bill helps local communities support the development of great teachers and keep them in the classroom,” said Senator Murphy. 

“Teachers play a critical role in student success,” Senator Inhofe said. “By supporting local teacher leadership programs, we can do more to support our teachers by creating and expanding professional development opportunities to improve teacher retention.” 

“The National Network of State Teachers of the Year salutes Sens. Coons, Ernst, Grassley, Gardner, Murphy, Whitehouse, Roberts, Inhofe, and Reed for their compelling policy initiative and understanding that teacher leadership is a critical thread in this country’s fabric that enables educators to advocate for the issues and practices that provide all students with exceptional and equitable learning opportunities,” said Katherine Bassett, President and CEO, National Network of State Teachers of the Year (NNSTOY). 

“Teach Plus is thrilled to endorse the Teachers Are Leaders Act. The tens of thousands teachers in the Teach Plus Teacher Leader Network understand that teacher leadership is a smart investment that yields gains in student success.  We applaud the bill’s attention to improving preparation, and its innovative approach to differentiated career paths that will foster new opportunities for professional growth,” said Alice Cain Johnson, Executive Vice President, Teach Plus.

“We know teachers want opportunities to lead from the classroom, yet we’ve seen that teacher leadership roles typically come without quality training and support. This situation does a double disservice: it takes teaching time away from the educators best prepared to accelerate student learning and it fails to equip them with the skills they need to lead other teachers to similar success. The Teachers Are Leaders Act helps address this challenge by creating opportunities for teachers to access high-quality leadership training that arms them with the knowledge and skills they need to work together with their principal and colleagues to make hiring decisions, set curriculum, design in-school training, coach their peers, and establish other shared practices that lead to better outcomes for students,”said Jean Desravines, CEO, New Leaders.

Read the bill text here. 

Read a one-pager on the bill here.  

The Teachers Are Leaders Act is supported by: NNSTOY, NBPTS, Teach Plus, Alliance for Excellence in Education, Council of Chief State School Officers (CCSSO), Delaware State Education Association (DSEA), Educators 4 Excellence, International Literacy Association (ILA), National Association of Elementary School Principals (NAESP), National Association of Secondary School Principals (NASSP), National Education Association (NEA), National Institute for Teaching Excellence (NIET), National Parent Teacher Association (PTA), New Leaders, Third Way, University of Delaware, National Writing Project, and American Association of Colleges for Teacher Education (AACTE).

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Sen. Coons statement on legislative package to strengthen U.S. security in the Middle East

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Committee, released the following statement on the Senate vote on a motion to proceed to S.1, the Strengthening America’s Security in the Middle East Act of 2019. 

“Today, the Senate will vote on a motion to proceed to S.1, the Strengthening America’s Security in the Middle East Act, legislation that combines four different provisions on U.S. policy in the Middle East, a region where President Trump’s unclear strategy has led to instability and confusion among our allies. This bill will authorize security assistance for Israel, sanction those responsible for human rights abuses in Syria, expand our defense cooperation with Jordan, and help states push back against efforts to isolate Israel. I will support the legislative package. 

“At a time when Israel faces threats from Iran, Hamas, Hezbollah, and other extremist groups, it’s in America’s best interest to ensure that our most important regional ally remains secure. This bill includes legislation I co-authored to authorize $33 billion in security assistance for Israel over the next ten years to make sure its military is able to deter threats from the region.                                                             

“This bill also includes a title known in the last Congress as the Combatting Boycott, Divestment, and Sanctions Act. I co-sponsored this bill to increase protections for state and local governments in the United States that decide to divest from, prohibit investment in, and restrict contracting with companies knowingly engaged in commerce-related or investment-related BDS activity targeting Israel. 

“I acknowledge and appreciate the wide array of opinions on this legislative package among Delawareans and advocacy groups focused on BDS. But I also recognize that, too often, Israel’s opponents use the BDS movement to delegitimize Israel. I oppose the BDS movement, and I believe it is critical that the United States support the economic stability and political independence of Israel. To that end, I support this bill because it prevents efforts to stifle legitimate business activity between American and Israeli companies.”

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[VIDEO] Sen. Coons: President Trump “should let the Senate and this new bipartisan conference committee do its work.”

Sen. Coons: “I want whatever new money is spent on border security to be spent as wisely, as smartly, and as effectively as possible.”

Sen. Coons on Venezuela: “This is a critical moment both in the history of Venezuela and in our relations in this hemisphere.”

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Appropriations and Foreign Relations Committees, today joined CNN New Day to discuss border security, the Mueller probe, and Venezuela.

“The 35-day long federal shutdown was completely senseless, for the President to take us into another shutdown would be senseless. But the point of compromise is to not begin by saying absolutely no at this end or this end. It was the President who caused this shutdown by demanding $5.7 billion for a wall,” said Senator Coons. 

“None of us knows for sure what Robert Mueller has uncovered and what he’s going to be able to prove. But the President shouldn’t be allowed to interfere with that investigation or shortchange it. That’s why I’ve reintroduced a bipartisan bill with Senators Graham, Tillis, and Booker to protect that probe and allow it to finish,” said Senator Coons.

Video and audio available here. 

Excerpts from the interview are below: 

Sen. Coons on the shutdown: I hope so. I hope we’re going to find a path out of this. Let me be clear, what I said was that a border barrier is infrastructure, it in and of itself isn’t immoral but lots of things about President Trump’s immigration policies are immoral, intentionally separating children from their parents, using cruelty as a tool of immigration policy is immoral. But when we’re talking about infrastructure on the border, Democrats and Republicans over the last 20 years have voted to increase border security through a whole series of things. Modern technology, more personnel, and more border fencing. There’s 700 miles of fencing already. I don’t know exactly what combination of money and technology will get the President’s support, but he should let the Senate and this new bipartisan conference committee do its work and not prejudge the outcome. 

Sen. Coons on fencing: I want whatever new money is spent on border security to be spent as wisely, as smartly, and as effectively as possible. I don’t think that means another several hundred-miles of border fencing. But, I want to make sure that what we’re spending is actually going to reduce the flow of drugs and criminals into this country, which if I were in charge would mean investing in ports of entry. That’s where the overwhelming majority of illegal and illicit material coming into our country is coming, not through the remote desert in rural Texas and Arizona. 

More on the shutdown: I think the 35-day long federal shutdown was completely senseless, for the President to take us into another shutdown would be senseless. But the point of compromise is to not begin by saying absolutely no at this end or this end. It was the President who caused this shutdown by demanding $5.7 billion for a wall. I’m not going to sit here and say I refuse to spend a dollar on border security that includes any fencing like the 700 miles of fencing we already have. 

Sen. Coons on Roger Stone: The way I see it is that Robert Mueller, an incredibly senior law enforcement leader, keeps closing in. Someone with his experience doesn’t make their most important and most central charge first, they make it last. And that Roger stone, someone so close to the President and his political activity over a long period of time has now been charged with being actively in communication with Wikileaks about the transfer of information that we separately know was gained through Russian intelligence I think is a significant step forward. It doesn’t finally prove the case one way or the other about what the President knew, when he knew it or whether or not he was personally involved in a conspiracy with the Russians, but it moves it a step closer to his innermost circle. 

More on Mueller: That’s exactly the point of my hard work on a bipartisan basis to defend the Mueller probe. I don’t know. None of us knows for sure what Robert Mueller has uncovered and what he’s going to be able to prove. But the President shouldn’t be allowed to interfere with that investigation or shortchange it. That’s why I’ve reintroduced a bipartisan bill with Senators Graham, Tillis, and Booker to protect that probe and allow it to finish. 

Sen. Coons on Russia: Because they were concealing inappropriate activity. I think there were — you mean — is your question why were there so many people at the senior levels lying about Russia? 

More on Russia: That’s a conclusion to be reached first by the Mueller probe and then by whichever body is responsible for reaching the conclusion about whether it was criminal. Whether it ends up being an impeachment proceeding or it ends up being a jury in a court of law. I have tried to carefully not prejudge this entire investigation and, on a few occasions, I’ve gotten ahead of myself. I’m trying to be careful about that and protect the process and protect the investigation. 

Sen. Coons on Howard Schultz: We’ll have to see. There are several different elections in our lifetimes where a third party or an independent candidate made up the margin of difference but did not come close to winning. Either winning in the primary field generally obviously or winning in the general election. So, it’s possible that Howard Schultz would be a spoiler. I find it hard to believe that he actually would end up being elected president. But after 2016, I’ve learned any sort of guess as to what the outcome will be is likely to be wrong on my part. 

More on Schultz: Spoiler, yes. I had a cup of Starbucks coffee first thing this morning, great cup of coffee. The real question is, is the American interested in a repeat of Donald Trump, meaning someone with no prior experience of government and public service, but in this case perhaps someone who has a stronger record as an ethical business leader. 

Sen. Coons on Venezuela: Well this is a critical moment both in the history of Venezuela and in our relations in this hemisphere. I do think it’s significant that the United States has now stepped out and said we recognize the opposition leader and we are calling for new free, fair, and open elections. The Maduro government has been a disaster from a humanitarian perspective, economic perspective. I’m concerned that Russia is being more aggressive in terms of their statement about their interests, their engagement in Venezuela. If we can get through these next few months without military action by either the united States or Russia, that would be a positive thing. But the suffering of the Venezuelan people is stunning. The dislocation to the whole region striking. And ways in which this would reset positively or negatively our relations in this whole hemisphere have to be watched closely. So, a casual consideration of military action in Venezuela gives me grave concern. But building carefully a multilateral coalition with our European and North American allies and working closely with the Venezuelan opposition and people to prepare the ground for whatever might come next, that’s the sort of patient preparation for diplomacy first and action second that we would hope for from a mature and seasoned leader. 

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Sen. Coons statement on agreement to end the partial government shutdown

WILMINGTON — U.S. Senator Chris Coons (D-Del.) released the following statement after President Trump agreed to support a three week continuing resolution to end the partial government shutdown and reopen the federal government.

“For the last 35 days, millions of Americans have faced increasing threats to our health and safety and hundreds of thousands of federal employees have endured significant hardships simply because President Trump refused to accept a bipartisan agreement in Congress to fund the government and negotiate significant investments in border security.

“I’m encouraged the President has realized he cannot get what he wants by recklessly shutting down the government. I helped lead a bipartisan effort in the Senate to urge President Trump to re-open the government for three weeks and allow Congress to debate appropriate border security and immigration policies.  

“I support smart, effective border security investments and humane changes to our immigration system, and I am committed to working with Republicans and Democrats to reach those goals.” 

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[VIDEO]: Sen. Coons: “I have to ask, what’s it going to take for us to re-open this government?”

Sen. Coons: “We all know the human cost of this shutdown.”

Sen. Coons: “We have to show our country and the world that democracy can work and I am optimistic that with the passion and commitment that I’ve heard from my bipartisan colleagues who stand on the floor with me tonight that it is possible to get this done.”

WASHINGTON – Today, U.S. Senator Chris Coons (D-Del.) delivered remarks on the Senate floor about the partial government shutdown. 

“We have to show our country and the world that democracy can work, and I am optimistic that with the passion and commitment that I’ve heard from my bipartisan colleagues who stand on the floor with me tonight that it is possible to get this done. And that whatever gets taken up and considered in regular order by this body could then be passed by the House and signed into law by the President. Let us take a first bold step together today and sign on to an amendment that my colleague from Maryland has, committing us to a clean, three-week continuing resolution, re-opening the government and promptly negotiating in good faith to increase investment in border security,” said Senator Coons.

Audio and video available here.  

Senator Coons’ remarks are below:

Thank you, Mr. President, and I’d like to thank my colleagues from Alaska, from Maryland, and other states for their willingness to spend so much time talking, listening, and trying together to craft a path forward. 

 The role that the Senate has historically played in our constitutional order is one where we are the body that others look to when there is either inflexibility or unreliability in negotiating a path forward.  

We’ve got lots folks across this country suffering from this government shutdown — it’s having an impact that all of us could detail, but I have to ask, what’s it going to take for us to re-open this government? Is it going to take a breakdown in food security or airline security? Is it going to take an increase in crime or terrorism, in accident, or thousands more Americans struggling to feed their families, losing housing or electricity?  

I won’t go on with the list, but we all know the human cost of this shutdown. 

I’m here to join my friends, my colleagues, from both sides of the aisle in saying that we are intent on making a good faith effort to reopen the government for three weeks, to promptly support good faith negotiations, to address the President’s priorities, to discuss what effective, modern investments in border security, in changes in immigration policy would look like, and then reach a resolution.  

In three weeks or less, we have to be able to do this. We have to show our country and the world that democracy can work, and I am optimistic that with the passion and commitment that I’ve heard from my bipartisan colleagues who stand on the floor with me tonight that it is possible to get this done. And that whatever gets taken up and considered in regular order by this body could then be passed by the House and signed into law by the President.  

Let us take a first bold step together today and sign on to an amendment that my colleague from Maryland has, committing us to a clean, three-week continuing resolution, re-opening the government and promptly negotiating in good faith to increase investment in border security.  

Mr. President, thank you, and with that, I yield the floor.

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Carper, Coons urge FTC to protect servicemembers from identity theft

WASHINGTON — Today, Senators Carper and Coons (both D-Del.), sent a letter to Federal Trade Commission (FTC) Chairman Joseph Simons urging the protection of active duty military consumers by creating a strong and effective final rule to implement free credit monitoring through the Economic Growth, Regulatory Relief, and Consumer Protection Act.

The bipartisan Economic Growth, Regulatory Relief and Consumer Protection Act provides regulatory relief for community banks and credit unions that are significant sources of capital in rural and underserved communities, helping businesses start and grow, enabling farmers to get loans and helping families achieve home ownership. The bill also continues to hold Wall Street banks accountable by reining in predatory and reckless behavior. A provision included in the legislation, authored by Senators Carper and Coons, requires credit reporting agencies to offer their electronic monitoring services to all active duty servicemembers, including Reservists and the National Guard, free of charge. 

According to the FTC, servicemembers have their identity stolen nearly twice as much as the general public. In 2016, the FTC received over 34,000 identity theft complaints from military members, the second highest complaint filed. The Consumer Financial Protection Bureau has also reported complaints from active military personnel whose credit reports were harmed due to identity theft. 

“Active duty servicemembers have sacrificed to serve our country, and we know they are disproportionately targeted for identity theft,” the senators wrote. “The least we can do is give these brave men and women the tools necessary to protect their financial well-being while they are fighting on our behalf.” 

The senators continued, “We urge the FTC to publish a final rule that offers the most robust credit monitoring service possible to the largest number of servicemembers as permitted by the law, and shields servicemembers from unsolicited marketing to the greatest extent possible under the law.”

Senators Carper and Coons also urged the FTC to conclude the rulemaking process expeditiously.  

Full text of the letter can be found below and here.

January 23, 2019

The Honorable Joseph J. Simons

Chairman

Federal Trade Commission 

600 Pennsylvania Avenue N.W.

Washington, DC 20580 

Dear Chairman Simons:

We write to comment on the proposed rule by the Federal Trade Commission (FTC) to implement the credit monitoring provisions applicable to active duty military consumers in section 302(d) of the Economic Growth, Regulatory Relief, and Consumer Protection Act (Public Law No. 115-174), which was enacted in May 2018.

As you know, the Economic Growth, Regulatory Relief, and Consumer Protection Act contains a provision authored by us that requires credit reporting agencies to offer their electronic credit monitoring services to all active duty military servicemembers, including Reservists and the National Guard, free of charge. The provision also requires the FTC to promulgate regulations pursuant to the requirements of this subsection no later than one year after the date of enactment.  

According to the FTC, members of the military face a higher degree of risk of identity theft than the general public—almost twice as much—in part because military families may relocate frequently and many servicemembers are living on their own and earning a paycheck for the first time.^[1] According to the 2016 Consumer Sentinel Network Data Book, the FTC received over 34,000 identity theft complaints from military members, placing it as the second highest complaint filed.^[2] The Consumer Financial Protection Bureau has also received complaints from active duty servicemembers who reported damage to their credit reports because of identity theft.^[3]

Active duty servicemembers have sacrificed to serve our country, and we know they are disproportionately targeted for identity theft. The least we can do is give these brave men and women the tools necessary to protect their financial well-being while they are serving on our behalf. Credit reports play a critically important role in making financial decisions like obtaining a mortgage or an auto loan, but also in applying for jobs and undertaking other important life events. With data breaches and identity theft on the rise in recent years, and with our military personnel particularly vulnerable to these threats, it is more important than ever to ensure our servicemembers have access to credit monitoring services.

As the authors of this provision, we wish to make clear that it was not our intent—nor the intent of Congress—to create an opportunity for credit bureaus to profit from the personal information of active duty servicemembers. The text of the provision plainly states that servicemembers shall receive “free electronic credit monitoring.” Therefore, in its rulemaking, the FTC should clarify that “free” in this context expressly prohibits the following uses of servicemembers’ personal information collected by credit bureaus:

• Secondary uses or disclosure to third-parties;
• Marketing purposes; and,
• Implying identity theft insurance should be purchased. 

We urge the FTC to publish a final rule that offers the most robust credit monitoring service possible to the largest number of servicemembers as permitted by the law, and shields servicemembers from unsolicited marketing to the greatest extent possible under the law. We also urge the FTC to conclude the rulemaking process expeditiously so that servicemembers may begin benefiting from this service as soon as possible. 

We look forward to your response. 

Sincerely,

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Sen. Coons calls for SBA’s plan to address the shutdown’s growing loan backlog

WILMINGTON – U.S. Senator Chris Coons (D-Del.) and members of the Senate Small Business & Entrepreneurship Committee wrote to Small Business Administration (SBA) Administrator Linda McMahon today requesting the SBA’s plan for addressing the backlog of loan approvals, which continues to grow as the government shutdown drags on.

They note in their letter that the SBA’s loan processing centers are not processing loans during the shutdown, causing small business owners to lose out on an estimated $117 million in capital every day that the government shutdown continues. 

“Because capital is the lifeblood of our nation’s small businesses, it is critical that the SBA have a plan in place to address the growing backlog of loan applications so that it can be quickly implemented once the government reopens,” the Senators said. They further urged Administrator McMahon to share with them requests for additional resources the SBA might need in order to meet the needs of America’s small businesses adversely affected by the government shutdown.

The text of the letter to Administrator McMahon follows: 

Dear Administrator McMahon: 

As members of the Senate Committee on Small Business and Entrepreneurship, we are concerned that the current government shutdown is preventing small businesses from accessing much needed capital through the Small Business Administration’s 7(a) and 504 Loan Guaranty Programs and that the growing backlog of applications will create long delays for loan approvals once the agency reopens. 

As you know, the SBA works with approved lenders and community development organizations to guarantee loans, mitigating their risks and offering access to capital to those unable to obtain conventional loans. In FY 2018, the SBA approved more than 66,000 loans in the 7(a) and 504 loan programs, providing more than $30 billion to small businesses and supporting nearly 600,000 jobs. 

With the SBA’s loan processing centers in California and Kentucky currently unable to process loans, small businesses are losing out on an estimated $117 million in capital every day that the government shutdown continues.

Because capital is the lifeblood of our nation’s small businesses, it is critical that the SBA have a plan in place to address the growing backlog of loan applications so that it can be quickly implemented once the government reopens. As such, we ask that you provide us with the steps you are taking to ensure that the SBA can quickly and equitably work through the growing backlog of applications. Please let us know if you require additional resources or authorities to meet the needs of these small businesses who are being adversely affected by the government shutdown. 

Thank you for your attention to this request. We look forward to your response. 

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VIDEO/TRANSCRIPT: Barr to Sen Coons: “If someone tried to stop a bona fide, lawful investigation to cover up wrongdoing, I would resign.”

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a. member of the Senate Judiciary Committee, yesterday questioned President Trump’s nominee for Attorney General, William Barr. Video and audio of the Senator’s second round available here. 

Key excerpt 1:

Sen. Coons: “You also said in response to my first round of questions that the Special Counsel regulations shouldn’t be rescinded during this investigation. Just to be clear, you would refuse to rescind them if the President asked even if that meant you would have to resign?” 

Mr. Barr: “Well, that come up in the context of wanting to change the rules so Mueller could be fired where there was no good cause. And I said there, yeah, I would not agree to that.” 

Key excerpt 2:

Sen. Coons: “There’s another ongoing investigation in the Southern District of New York, in which I would argue the President is implicated as individual number one. If the President ordered you to stop the SDNY investigation in which someone identified as individual one is implicated, would you do that?” 

Mr. Barr: “That goes back to an earlier explanation I gave, which is, every decision within the department has to be made based on the Attorney General’s independent conclusion and assessment that it’s in accordance with the law, so I would not stop a bona fide, lawful investigation.”

Sen. Coons: “So, if the President sought to fire prosecutors in the Southern District of New York to try and end the investigation into his campaign, would that be a crime? Would that be an unlawful act?” 

Mr. Barr: “Well, that one, usually firing a person doesn’t stop the investigation, that’s one of the things I have a little bit of trouble accepting. But, the basic point is if someone tried to stop a bona fide, lawful investigation to cover up wrongdoing, I would resign.”

The Senator’s Q&A, as delivered, is below: 

Sen. Coons: Thank you, Senator Kennedy. Thank you, Mr. Barr. You’ve declined or I would say refused to commit to following the advice of the career ethics officials at DOJ with regards to recusal from the ongoing Special Counsel investigation. Will you at least commit to notify this Committee once you receive the ethics officials’ guidance, tell us what it was, and explain whether you agree or disagree with it? 

Mr. Barr: To tell you the truth, Senator, I don’t know what the rules are and what the practice is, but you know off the top of my head, I don’t think I would have an objection to that. 

Sen. Coons: So, you would be comfortable letting us know that you’d received an ethic’s opinion and either declined or followed it? 

Mr. Barr: But, I’m not sure what the practice and the rules are. I generally try to follow the rules. 

Sen. Coons: You said earlier in this hearing you have an interest in transparency with regards to the final report of the Mueller investigation. But, I didn’t hear a concrete commitment about release and I think this is a very significant investigation. I’ve been very forthcoming about wanting to protect it. The DOJ has released information about declination memos, about descriptions of decisions not to prosecute in the past. I’ll cite the Michael Brown case, for example. Would you allow Special Counsel Mueller to release information about declination memos in the Russia investigation as he sees fit? 

Mr. Barr: I actually don’t think Mueller would do that because it would be contrary to the regulations, but that’s one of the reasons I wanted to talk to Mueller and Rosenstein and figure out what the lay of the land is.  

Sen. Coons: But, if appropriate, under current regulations, you wouldn’t have any hesitation about saying prosecutorial decisions should be part of that final report?

Mr. Barr: As I said, I want to get out as much as I can under the regulations. That’s the reason why I say it’s vitally important, it’s related to my feeling that it’s really important to let the chips fall where they may and get the information out. 

Sen. Coons: You also said in response to my first round of questions that the Special Counsel regulations shouldn’t be rescinded during this investigation. Just to be clear, you would refuse to rescind them if the President asked even if that meant you would have to resign?  

Mr. Barr: Well, that come up in the context of wanting to change the rules so Mueller could be fired where there was no good cause. And I said there, yeah, I would not agree to that. 

Sen. Coons: There’s another ongoing investigation in the Southern District of New York, in which I would argue the President is implicated as individual number one. If the President ordered you to stop the SDNY investigation in which someone identified as individual one is implicated, would you do that? 

Mr. Barr: That goes back to an earlier explanation I gave, which is, every decision within the department has to be made based on the Attorney General’s independent conclusion and assessment that it’s in accordance with the law, so I would not stop a bona fide, lawful investigation. 

Sen. Coons: So, if the President sought to fire prosecutors in the Southern District of New York to try and end the investigation into his campaign, would that be a crime? Would that be an unlawful act?  

Mr. Barr: Well, that one, usually firing a person doesn’t stop the investigation, that’s one of the things I have a little bit of trouble accepting. But, the basic point is if someone tried to stop a bona fide, lawful investigation to cover up wrongdoing, I would resign. 

Sen. Coons: Deputy Attorney General Rosenstein is said publicly your memo had no impact on the Special Counsel investigation. If you’re confirmed and you’re supervising the Special Counsel investigation, would you order the Special Counsel’s office to accept and follow the reasoning in your memo?  

Mr. Barr: I would probably talk to Bob Mueller about it. If I felt there was a difference of opinion, I would try to work it out with Bob Mueller. At the end of the day, unless something violates the established practice of the department, I would have no ability to overrule that. 

Sen. Coons: You were Attorney General when President Bush pardoned six administration officials charged with crimes rising from the Iran-Contra scandal, and you encouraged the President to issue those pardons. Is it permissible for a President to pardon a member of his administration in order to prevent testimony about illegal acts?  

Mr. Barr: Is it permissible under what?  

Sen. Coons: Would it strike you as obstruction of justice for him to exercise his presidential pardon power for the purpose of preventing testimony? 

Mr. Barr: Yeah, I think that if a pardon was a quid pro quo to altering testimony, that that would definitely implicate an obstruction statute. 

Sen. Coons: Would it be permissible for the President to pardon family members simply because they’re family members? 

Mr. Barr: Let me say that, no I’m sorry, go ahead. 

Sen. Coons: Two last questions and then we’ll be done. Do you think it would be permissible to pardon a family member simply because they’re a family member and where the purpose, the motive, is unclear? And do you think it would be permissible for a President to pardon himself?

Mr. Barr: Okay, so here, the problem is, under the Constitution, there are powers, but you can abuse a power. So, the answer to your question in my opinion, would be, yes, he does have the power to pardon a family member, but he would then have to face a fact that he could be held accountable for abusing his power. Or, if it was connected to some act that violates an obstruction statute, it could be obstruction. 

Sen. Coons: How would he be held accountable? 

Mr. Barr: Well, in the absence of a violation of a statute, which is as you know, in order to prosecute someone, they have to violate a statute, in the absence of that, you know, then he would be accountable politically. 

Sen. Coons: Thank you for your answers today. 

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