Related Issues

Related Issues

Senators Coons, Tillis statement on the passing of Liu Xiaobo

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.), Co-Chairs of the Senate Human Rights Caucus, released the following joint statement in response to the death of Chinese dissident and recipient of the 2010 Nobel Peace Prize Liu Xiaobo: 

“As chairs of the Senate Human Rights Caucus, we mourn the passing of Nobel Peace laureate Liu Xiaobo, who dedicated his life to advancing democracy in China through non-violence.  We also call on the Chinese government to end the house arrest of Liu Xiaobo’s wife, Liu Xia, and to ensure her freedom of movement. We are reminded that in his final statement before being sentenced to 11 years in jail, he stated:  ‘I, filled with optimism, look forward to the advent of a future free China.  For there is no force that can put an end to the human quest for freedom, and China will in the end become a nation ruled by law, where human rights reign supreme.’  In his passing, Mr. Liu’s legacy continues to inspire us to challenge oppression and to stand up for the fundamental rights of all people.”

###

Senator Coons secures funding for Delaware Army Guard, Veterans Post-Traumatic Stress Initiative in annual spending bill

WASHINGTON – On Thursday, U.S. Senator Chris Coons (D-Del.), the first Delaware Senator in more than four decades to serve on the critical Appropriations Committee, secured $36 million in funding for the Delaware Army National Guard Combined Support Maintenance Shop in the annual Military Construction/Veterans Affairs (MILCON/VA) bill.  The bill passed out of the Appropriations Committee and is now ready for debate by the full Senate. 

“I’m thrilled this bill includes funding for critical Delaware priorities,” said Senator Coons. “It will fund the construction of the Delaware National Guard’s new Combined Support Maintenance Shop in New Castle.  The bill will also create a new pilot program to help veterans tackle the consequences of post-traumatic stress.  It will also provide funding for broader National Guard military construction, which supports civilian authorities in Delaware and U.S. national security.” 

Support for Delaware Army Guard Maintenance Shop

Senator Coons secured $36 million for construction of a combined support maintenance shop in New Castle.  This funding will fulfill the Delaware Army Guard’s immediate need to expand and modernize its maintenance capabilities.  The project will construct a 71,998 square foot maintenance shop on federal land, and will provide sufficient space to perform required maintenance operations in support of the training, administrative, and logistical requirements of the Delaware Army National Guard.

Support for Alternative Health Pilot Program    

Senator Coons led the effort to include a provision in the bill that establishes a two-year pilot program under the VA to provide grants to non-profit Veteran Service Organizations (VSOs) to create or improve community wellness centers and promote complementary alternative health programs, such as yoga, exercise, and meditation classes.  The amendment would provide funding for repair or renovation of facilities and the offering of complementary yoga, exercise, meditation, and childcare programs for veterans.  Recent research suggests that inclusion and connection with a community are key protective factors against suicide.  Furthermore, exercise, yoga, and meditation are proven successful treatments for anxiety and assisting with post-traumatic stress symptoms.  Senator Coons’ pilot program will provide healthy, alternative outlets for veterans with mental health concerns and those recovering from injury. 

Support for other National Guard Priorities

Senator Coons helped secure $210.65 million for Army National Guard military construction nationwide and $161.49 million for Air National Guard military construction nationwide. This funding will support various missions vital to both Delaware and broader U.S. national security.  It ensures Guardsmen are able to fulfill their dual missions of supporting civilian authorities at home and U.S. military efforts abroad. 

###

Senators Coons, Rubio urge Education Dept. to create college savings account pilot program

Read the full letter below:

July 12, 2017
The Honorable James Manning
Acting Under Secretary
U.S. Department of Education
400 Maryland Ave, SW
Washington, DC 20202

Dear Acting Under Secretary James Manning:

As strong supporters of increasing higher education opportunities for low-income youth, we write to encourage the U.S. Department of Education (the Department) to create a college savings account pilot program that will track academic readiness and encourage college savings. A college degree is an increasingly critical part of accessing the American Dream, but a lack of knowledge about how to apply to and pay for college is a barrier for many low-income and first-generation college students. According to a 2015 report by Penn AHEAD and the Pell Institute, only 1 out of 10 children from lower-income families will graduate from college by the time they are 24 years old.  Furthermore, the cost of attending college is increasing at a pace faster than need-based financial aid. 

The Department’s Fiscal Year 2018 budget request expresses an interest in “increasing access to a high-quality education for all students” and programs that help students move “through the academic pipeline toward college completion and that have shown evidence of effectiveness.” We believe that college savings accounts are a promising opportunity to fulfill these aspirations. Research from the Corporation for Enterprise Development shows us that students with savings dedicated for college are three times more likely to enroll in college and four times more likely to graduate than their peers without college savings. Moreover, research shows us that high-quality, long-term mentoring can have positive effects on a wide range of youth outcomes, including emotional well-being, risk behaviors, and academic achievement.

Specifically, we encourage the Department to consider creating personal online accounts for low-income students that monitor higher education readiness, provide opportunities for high-impact mentoring, and include a college savings account. These accounts would follow students from school to school and through college. Parents would grant vested stakeholders (including counselors, teachers, coaches, mentors, family members, and others) access to the account to update student information, monitor progress, and provide college preparatory support. These accounts would start at an early age in order to maximize their impact on a student’s expectations of college-going and actions towards college preparedness.

We have introduced the American Dream Accounts Act (S.1205), which would create savings accounts like those described above and could provide a good roadmap for the Department to use going forward. This legislation has strong bipartisan support, as evidenced by its passage in the Senate not once, but two times over the past two Congresses. As we work with Congress to pass this legislation, we encourage the Department to take a small, but significant step toward providing low-income students with the resources and support they need to access and succeed in college by piloting similar college savings account programs. 

We stand ready to work with you and your staff to develop a college savings account pilot program that would increase access to and success in higher education. We appreciate your consideration of this request.

Sincerely,

###

[VIDEO] Sen. Coons to Christopher Wray: “I’m concerned that Attorney General Sessions hasn’t complied with the scope of his recusal.”

Christopher Wray: “I would not tolerate any inappropriate influence on Special Counsel Mueller’s investigation to the extent that I’m supporting it. At the end of the day, it is his investigation.”

Sen. Coons: “Now, more than ever, I believe it to be crucial that our next FBI Director be prepared to be steadfastly independent”

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, today questioned President Trump’s nominee for FBI director, Christopher Wray.

“And, I know, this may not need repeating, but let us not forget why we are having this hearing. Your predecessor James Comey was not even at the halfway point of his 10-year term as FBI director when President Trump abruptly fired him without cause and without warning. And, President Trump said when he fired Director Comey that he was thinking about the FBI’s investigation of Russian interference in our elections, an investigation that Director Comey was then overseeing,” said Senator Coons. “So, now, more than ever, I believe it to be crucial that our next FBI Director be prepared to be steadfastly independent, and, as we had a chance to discuss before this hearing, it falls on you today not only to clearly demonstrate to our committee that you possess the legal, investigative, and management skills required for the position for which you have been nominated, but that you have a fierce commitment to maintaining the integrity of the FBI as an independent agency and that you will conduct yourself as FBI director in a way that is above partisanship.”

“Attorney General Sessions, as we’ve discussed and as you all know, is recused from and I quote, ‘any existing or future investigations of any matters related in any way to the campaign for president of the United States, including the investigation into Russian interference,” said Senator Coons. “As I told you when we met before, I’m concerned that Attorney General Sessions hasn’t complied with the scope of his recusal. Is it appropriate for the attorney general to make public comments on the ongoing investigation, to engage in decisions about its resourcing, funding, or staffing? Is that an appropriate part of his management role of the agency as attorney general?”

Full audio and video available here.

Senator Coons’ full remarks and Q&A, as delivered, are below:

Senator Coons: Thank you, Senator Sasse–future Chairman Sasse–for the opportunity to question the witness and, Mr. Wray, thank you for your prior service and your continued willingness to serve our country, particularly at this important and difficult time. And, I know, this may not need repeating, but let us not forget why we are having this hearing. Your predecessor James Comey was not even at the halfway point of his 10-year term as FBI director when President Trump abruptly fired him without cause and without warning. And, President Trump said when he fired Director Comey that he was thinking about the FBI’s investigation of Russian interference in our elections, an investigation that Director Comey was then overseeing. So, now, more than ever, I believe it to be crucial that our next FBI Director be prepared to be steadfastly independent, and, as we had a chance to discuss before this hearing, it falls on you today not only to clearly demonstrate to our committee that you possess the legal, investigative, and management skills required for the position for which you have been nominated, but that you have a fierce commitment to maintaining the integrity of the FBI as an independent agency and that you will conduct yourself as FBI director in a way that is above partisanship. Let’s move to it, if we might. First, how will you ensure that the FBI provides all the resources that Special Counsel Mueller needs to thoroughly conduct and complete the investigation he is currently in charge of?

Christopher Wray: Well, Senator, the first thing I would do if confirmed is to reach out to former Director Mueller and elicit his advice about what it is he needs and whether he thinks he’s getting it from the FBI. And, knowing former Director Mueller, and knowing what a straight talker and plain talker he is, I have no doubt that, if he’s not getting what he needs, he would let me know.

Senator Coons: I agree. Attorney General Sessions praised your selection as the FBI nominee. Did you interview with Attorney General Sessions?

Christopher Wray: I interviewed with Deputy Attorney General Rosenstein and Attorney General Sessions together, at the same time.

Senator Coons: Did either of them ask you about the conduct of the Russia investigation during your interview?

Christopher Wray: No. 

Senator Coons: Attorney General Sessions, as we’ve discussed and as you all know, is recused from and I quote, ‘any existing or future investigations of any matters related in any way to the campaign for president of the United States, including the investigation into Russian interference.’ As I told you when we met before, I’m concerned that Attorney General Sessions hasn’t complied with the scope of his recusal. Is it appropriate for the attorney general to make public comments on the ongoing investigation, to engage in decisions about its resourcing, funding, or staffing? Is that an appropriate part of his management role of the agency as attorney general?

Christopher Wray: Senator, I’m not sure it’s for me to speak to the attorney general’s decision-making about his own public comments. I would say that if he is recused from an investigation, to me he means that he shouldn’t be participating in decision-making about the investigation. But, of course, the attorney general is the head of the entire Justice Department. And, as important this particular investigation is, and it is extremely important in my view, there are many, many other things that the FBI and the Department are responsible for, and I think that is the appropriate role for the attorney general as its leader.

Senator Coons: So, I’ll agree with you that, in my view, it is not appropriate for the attorney general to participate in investigations related to the Trump campaign, and as the person in charge of the operations of the Department of Justice, he is involved in making the highest level management decisions. But, it’s exactly those decisions about the access to resources, the scope, the trajectory of Bob Mueller’s investigation that I wanted to make sure I go to. Will you commit to studying the scope of Attorney General Sessions’ recusal and, ensuring appropriate procedures are in place, to honoring it at the FBI and to reporting any violations of that recusal to this Congress?

Christopher Wray: Well, Senator, I’m not sure the authority over his recusal scope. What I would commit to is that I will take a close look surely upon being confirmed, if confirmed, to, as I said, making sure that former Director Mueller, now Special Counsel Mueller, has all the appropriate resources that he ought to have. And, my expectation is that I would remain committed to that support regardless of any decisions by anybody else in the department.

Senator Coons: So, if a directive came down from the attorney general about prioritization of resources that you thought inappropriately interfered–or interfered in any way–with the resources requested by Special Counsel Mueller, you’d act to prevent that from hindering the investigation?

Christopher Wray: I would not tolerate any inappropriate influence on Special Counsel Mueller’s investigation to the extent that I’m supporting it. At the end of the day, it is his investigation.

Senator Coons: We had another conversation last week–it’s been raised by other colleagues–about a episode during your time at the Department of Justice when you were prepared to resign. And this was over an ongoing but unauthorized by Congress surveillance program, and you testified previously, you had been readied into all the details of it, and it seemed in some ways, you were going on a gut hunch, you were following people who you knew were thoroughly ready, and you’d practiced closely with and who you admired. I’m just characterizing roughly what I heard before. But, now, in hindsight, you’ve had time to better understand what was going on, what was the contest, and what were the issues. In hindsight, were you right to be willing to throw your career aside and to be willing to join these folks in resigned had they had to, and would you do that again?

Christopher Wray: As to the first part of your question, senator, I have not for any minute ever regretted my willingness to resign as I explained it to Deputy Attorney General Comey at that time. My decision was not based solely on gut, my decision was based on knowledge, very close working knowledge with the range of people who were read in and knowing that they were not, as I said to Senator Whitehouse, not shrinking violets, very tough on terror, very thoughtful, intellectually honest people, and people who by the way didn’t all agree with each other all the time. So, when I put all of that together, my familiarity with those people, how they think, how they come out on war on terror issues, and knowing that they felt strongly enough that they were willing to resign over much greater knowledge of the program than I had at that time, I was confident then that resigning with them if necessary was the right decision, and now later, having learned many more of the facts that weren’t available to me then, I’m even more confident that it would have been the right decision.

Senator Coons: Thank you for that. Former Attorney General Bell, I think you quoted before, as saying that you should be willing to resign if necessary over conduct if you’re pressed to engage in it that’s either unethical, illegal, or unconstitutional. Could you just explore for me for a few more minutes, what were the values that you brought to that decision and what values, among those three, or others would you bring to having to make a similar decision in the future if you get pressed to do something that meets one of those three tests suggested by former Attorney General Bell?

Christopher Wray: Well, the values I brought to that particular decision were the knowledge that the appropriate parts of the Justice Department and the FBI were doing their job, doing their duty to evaluate the legality of the program in question. And I thought that, knowing the confidence that I had in them, in their commitment to duty, in their ability to do their job, that that needed to be respected, and respected even to the point of me having to resign to support them in it. Not sure if I got all of your questions, so I might need you to refresh me.

Senator Coons: That’s more than satisfactory, thank you. Acting Attorney General Sally Yates was fired after she refused to defend the travel ban based on her concerns the order wasn’t lawful or consistent with the facts. If you’re fired or resign for refusing to carry out a presidential order, will you commit to come to Congress to testify about that decision and what drove you to make that decision?

Christopher Wray: Well, certainly, if I legally and appropriately can, I mean I need to know to circumstances of any particular situation, but I would want to comply with the law and the rules first and foremost. But, if I can, I would comply with any lawful request from Congress.

Senator Coons: Let me, if I may, in my last minute, return to a question that was raised earlier. I just want to make sure we’ve gotten this clearly, Senator Graham asked you about an email to Donald Trump Jr. offering the Trump campaign very high level and sensitive information, and this is a quote from the email, as part of Russia and its government support for Mr. Trump, chief ethics lawyers from former President George W Bush and President Obama and this is a joint quote, ‘we’ve worked on political campaigns for decades and have never heard of an offer like this one. If we had, we would have insisted upon immediate notification of the FBI, and so would any normal campaign lawyer official or even senior volunteer. Russian interference in our election happened and may very well happen again. If a campaign staffer or a senator or someone working around them gets an offer of foreign government assistance to defeat its opponent, do you agree the right thing to do is to promptly notify the FBI? 

Christopher Wray: Senator, I would hope that anyone who is aware of an effort or an attempt to interfere with our elections would report that to the appropriate authorities. Whether it is someone on a campaign or somebody anywhere else, I think especially in the context of cyber-type intrusions, the FBI and others in the intelligence community depend on people who are receiving the contact from reaching out and coordinating with law enforcement intelligence community and that’s a big, important part of the messaging on that effort, so I would think anyone in that situation, I would hope would want to bring that to the attention of the appropriate authorities assuming that they think that something untoward or inappropriate has occurred.

Senator Coons: Can you reach any other conclusion from that email other than something untoward or inappropriate is being proffered?

Christopher Wray: I haven’t read the email, I haven’t even had a chance to read any of the newspaper covers, it’s all happened during a time when I’ve spent all day going from one Senate building to another, meeting with all of your colleagues, so, I’m sorry, but I just don’t know the details of the email.

Senator Coons:: I think Senator Graham already asked for you get readied on it and respond to us in the future.

###

REMARKS AS PREPARED: Sen. Coons on Iran/Russia sanctions: “The House should pass it and President Trump should sign it into law immediately.”

WASHINGTON – Today, Wednesday, July 12, 2017, U.S. Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Committee, will deliver the keynote address at a conference at the Middle East Institute on “Challenges in U.S.-Iran Policy.” Senator Coons’ opening remarks, as prepared for delivery, are included in full below. Click here to view video of the event.

Excerpts from the prepared remarks:

“The Iranian government has taken advantage of the travel ban to accelerate its efforts to promote anti-Americanism. Since the ban was announced, close observers of Iran have reported a widespread rise in anti-American sentiment among the Iranian people, who previously held a much more favorable view of the United States.”

“On June 15th, by a vote of 98 to 2, [the Senate] passed a bill to impose non-nuclear sanctions on Iran and Russia. I was proud to be an original cosponsor of this bill, which will impose terrorism-related sanctions on the IRGC, hold Iran’s government accountable for its human rights record, and allow for sanctions on supporters of Iran’s ballistic missile activity. This bill will take real steps to punish Iran for its unacceptable non-nuclear behavior without undermining the JCPOA. The House should pass it and President Trump should sign it into law immediately.”

“The United States will always maintain our right to use military force to protect our interests and the security of regional allies like Israel. But war with Iran is not inevitable, and regime change in Iran should not be the policy of the United States.

“For those who suggest such a course [in Iran], I urge them to be wary, particularly given our track record in Afghanistan, Iraq, and Libya. Regime change would be unlikely to succeed. Let’s not stumble into a new conflict while trying to manage our anti-ISIS campaign, the North Korean threat, the rise of China, and an increasingly belligerent Russia. President Trump himself called regime change dangerous and wasteful during his campaign. If we did pursue this ill-advised approach, would terrorist groups fill the vacuum created by instability inside Iran? What would be the impact on markets and the free flow of energy from the Persian Gulf? More importantly, what would be the composition of the next regime? Would an alternative government be stable? Would it be seen as legitimate by the Iranian people, or would it be seen as a Western-backed puppet? There are far more questions with bad answers or no answers at all.  If our recent experience teaches us anything, it’s that we should consider what follows the use of military force in the Middle East and approach these decisions with humility.”

“Calls for regime change or war in Iran are reckless. A collision course with Iran is not inevitable: we can avoid stumbling into military conflict. We should preserve all diplomatic channels – and exhaust all options before using military force.”

REMARKS AS PREPARED: Challenges in U.S.-Iran Policy

Sen. Chris Coons

The Middle East Institute

Wednesday, July 12, 2017

Thank you to the Middle East Institute, and thank you, Jerry [Former U.S. Ambassador to Yemen Gerald Feierstein]. You served your country and the State Department with distinction for more than 40 years, culminating with your admirable service as our Ambassador to Yemen and as a top official in the Department’s Bureau of Near Eastern Affairs.

Thank you to those of you who are serving or who have served at the State Department as civil servants or foreign service officers. We’re grateful for all that you do to advocate on behalf of U.S. interests and values. I’d also like thank members of the diplomatic corps and members of the press here today.

This afternoon, I want to talk about Iran’s recent behavior, and U.S. policy towards Iran. I’ll discuss the current status of the relationship, and how we have reached a state of increased tension. I will lay out some policy recommendations and make the case that war between our nations is not inevitable, and calls for regime change at this time are ill-advised.

Tensions between the United States and Iran have increased steadily since President Trump took office in January. Both Iranian and U.S. government actions have contributed to this dynamic.

Let’s begin by reviewing Iran’s behavior in recent months. The Iranian government has continued its ballistic missile tests. The regime regularly violates the human rights of its people. Its leaders continue to call for Israel’s destruction and test just how close it can move proxy fighters to Israel’s borders with Syria.

In addition to Syria, the IRGC Quds Force continues to foment instability in Iraq, Yemen, Lebanon, and Afghanistan. Iran continues to fund Hezbollah, Hamas, and the Palestinian Islamic Jihad with tens of millions of dollars.

As Ramadan ended, Iran’s Supreme Leader Ayatollah Khamenei called the fight against Zionism obligatory for all Muslims. Last month, Iran marked “Quds day” with large rallies at which protestors chanted, “Death to Israel, Death to America.”

In May and June, U.S. military forces in the region – both in Syria and the Gulf – found themselves in close calls with Iranian ships, aircraft, and proxy forces. On May 19th, Iran held elections that were neither free nor fair.

Each of these destabilizing and dangerous actions has contributed to increased friction between the United States and Iran.

Before we consider how the Trump administration has responded, it’s important to acknowledge that the administration’s strategy review towards Iran is ongoing. As I understand it, the review is occurring in a thorough, professional manner. But we’ve already received some indications of the way the President and his team intend to approach Iran.

I believe the administration has taken appropriate action to defend U.S. military assets and our partners in Syria and the Gulf.  The April 6th strike on Assad’s military facilities appears to have deterred additional chemical weapons attacks. These actions demonstrate to Iran and its proxies that there are consequences for challenging American military operations and international norms.

More generally, the National Security Advisor, the Secretary of State, and the Secretary of Defense rightly caution against walking away from the Joint Comprehensive Plan of Action, or JCPOA, at least for now. I believe they are correct in concluding that upholding the JCPOA and condemning Iran’s behavior are not mutually exclusive.

But I have grave concerns about how the Trump administration has handled other aspects of its engagement with Iran.

Just seven days into his term, President Trump fulfilled a campaign promise by putting in place a ban on individuals traveling to the United States from Iran and six other Muslim-majority countries. The Iranian government has taken advantage of the travel ban to accelerate its efforts to promote anti-Americanism. Since the ban was announced, close observers of Iran have reported a widespread rise in anti-American sentiment among the Iranian people, who previously held a much more favorable view of the United States.

The President further worsened tensions following the June 7th ISIS attack on the Iranian parliament. In his statement following the attack, President Trump said that “states that sponsor terrorism risk falling victim to the evil they promote.” It was not constructive to suggest that Iran invites ISIS attacks because of its government’s actions.

More broadly, President Trump has taken a one-sided approach to the region. His visit to Riyadh and reflexive support of Saudi Arabia in its feud with Qatar are counterproductive. Leaders in Tehran are boasting about how the GCC feud is weakening the anti-Iran bloc in the Gulf and unnecessarily distracting our Arab partners. The crisis hurts our ability to respond to Iranian aggression in the Middle East.

There’s no doubt that many of Iran’s actions are inexcusable and require a clear-eyed response from the United States. But it’s also apparent from the examples I’ve cited that President Trump’s actions have contributed to an increasingly tense state of U.S.-Iran relations.

The question before us is how we craft a policy toward Iran that pushes back against its bad actions while avoiding counterproductive moves or inadvertent steps towards greater conflict.

The Senate has already taken action to respond to Iranian aggression. On June 15th, by a vote of 98 to 2, we passed a bill to impose non-nuclear sanctions on Iran and Russia. I was proud to be an original cosponsor of this bill, which will impose terrorism-related sanctions on the IRGC, hold Iran’s government accountable for its human rights record, and allow for sanctions on supporters of Iran’s ballistic missile activity.

This bill will take real steps to punish Iran for its unacceptable non-nuclear behavior without undermining the JCPOA. The House should pass it and President Trump should sign it into law immediately.

That brings me to the JCPOA, which was agreed to almost exactly two years ago. I supported the agreement, though I haven’t shied away from pointing out where I thought it should be strengthened.

Despite its imperfections, the JCPOA has so far achieved its fundamental goal of rolling back and delaying Iran’s nuclear program. The agreement remains in the best interest of the United States because it keeps our allies on our side. It helps us gather valuable intelligence on Iran’s nuclear program. It allows for intrusive inspections. It sustains limited, useful communications channels with the Iranian government.

Let me speak specifically about the importance of these channels. For decades, the United States and Iran did not communicate directly, leading to misunderstandings and unintended escalation. I’m skeptical that the channels created by the JCPOA can singlehandedly achieve diplomatic breakthroughs, but they’re critical to preventing miscommunication between the United States and Iran.

We can also use these channels proactively. We should use them to make sure the Iranian government understands what behavior we find unacceptable. That includes violations of the JCPOA, provocative actions against our military assets in the Gulf, attacks against Israel, and Iran’s ongoing support for the Assad regime. We should also use these communications channels to press Iran to release detained and missing Americans, including Robert Levinson and Siamak and Baquer Namazi.

The JCPOA also buys us time while Iran does not possess a nuclear weapon. Rather than tear up the deal, as some have suggested, the United States should work with our allies – and countries like China and Russia – to negotiate a successor agreement that will expand upon the current inspections regime. Some of the deal’s restrictions expire as soon as eight years from now, so we need to think today about how we’ll monitor Iran’s nuclear program after the deal’s provisions sunset.

Yet sanctioning Iran and upholding the JCPOA do not constitute a fully-formed Iran policy. A third pillar must involve maintaining and enhancing cooperation with our regional partners. We have no more important regional partner than Israel, the only true democracy in the Middle East. We must sustain our cooperation with Israel on missile defense and fully fund its security assistance.

Other Middle Eastern security partners, such as the United Arab Emirates, have contributed to our fight against Iranian proxies, ISIS, and Al Qaeda. We should continue to support them. If other countries are willing to partner in a manner consistent with our respect for the law of armed conflict and human rights, we should explore new ways to work together.

Finally, in our rhetoric as well as our actions, the United States must continue to distinguish the Iranian people from their government. Rather than banning most Iranians from traveling to the United States or blaming them when they are victims of a terrorist attack, Americans should maintain our support for the Iranian people.

In May, Iranians once again endured long lines to vote in an election, even when they knew it would be neither free nor fair. The people of Iran welcomed members of the U.S. wrestling team with open arms shortly after district courts put a pause on President Trump’s travel ban. The Iranian people must know and trust that our concerns are with their government – not their culture or their religion.

Before I conclude, I’d like to sound a note of caution about recent calls for the United States to pursue regime change in Iran.

The United States will always maintain our right to use military force to protect our interests and the security of regional allies like Israel. But war with Iran is not inevitable, and regime change in Iran should not be the policy of the United States.

For those who suggest such a course, I urge them to be wary, particularly given our track record in Afghanistan, Iraq, and Libya. Regime change would be unlikely to succeed. Let’s not stumble into a new conflict while trying to manage our anti-ISIS campaign, the North Korean threat, the rise of China, and an increasingly belligerent Russia. President Trump himself called regime change dangerous and wasteful during his campaign.

If we did pursue this ill-advised approach, would terrorist groups fill the vacuum created by instability inside Iran? What would be the impact on markets and the free flow of energy from the Persian Gulf?

More importantly, what would be the composition of the next regime? Would an alternative government be stable? Would it be seen as legitimate by the Iranian people, or would it be seen as a Western-backed puppet? There are far more questions with bad answers or no answers at all.

If our recent experience teaches us anything, it’s that we should consider what follows the use of military force in the Middle East and approach these decisions with humility.

Let me conclude with a final thought. I do not trust Iran’s government, and I vehemently oppose its behavior in the region. But we can respond effectively – by passing and enforcing tough non-nuclear sanctions – while maintaining limited engagement with the Iranian government and demonstrating our support for the Iranian people.

Today, the United States and our partners are showing our commitment to non-proliferation in the face of North Korea’s ongoing nuclear tests. I believe there is value in enforcing the JCPOA and demonstrating a viable, diplomatic alternative to the pursuit of nuclear weapons.

Calls for regime change or war in Iran are reckless. A collision course with Iran is not inevitable: we can avoid stumbling into military conflict. We should preserve all diplomatic channels – and exhaust all options before using military force.

Thank you for the opportunity to be here today. Jerry, I look forward to our conversation.

###

[VIDEO] Sen. Coons: Christopher Wray “is going to have to be willing and able to stand up to an overreaching president”

Sen. Coons re Donald Trump Jr. emails: “It’s important that we take a deep breath, continue our investigations, make sure we get the facts straight, and understand this in the broader legal context.”

Sen. Coons on Christopher Wray: “At a time when the most recent FBI director was abruptly fired and the Judiciary Committee is beginning an obstruction of justice investigation over how and why the past FBI director was fired, we’re going to have some critical questions for Chris Wray.”

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, joined CNN New Day to discuss Donald Trump Jr.’s meeting with a Russian attorney and the upcoming hearing for FBI Director nominee, Christopher Wray.

“I think it’s important that we all take a deep breath, continue our investigations, make sure we get the facts straight, and understand this in the broader legal context. This is a striking development in that Donald Trump Jr. received e-mails in which he was proffered, he was told he might receive directly from a Russian government attorney, that’s what the e-mail said, information from a hostile power, Russia, that was seeking to help his father win the presidential election, about his father’s campaign opponent,” said Senator Coons. “Just on the face of it, that forces aside all the things that have been said by Trump campaign officials and the White House that there was no interaction with Russians, it was inappropriate, there was no attempt at collusion, this lays all that bare because his enthusiasm for the meeting and his lack of surprise to get an e-mail that saying that the Russian government was trying to help his dad win the election, are both pretty striking.”

Full audio and video are available here.

Excerpts from the interview:

Senator Coons on Donald Trump Jr.’s meeting: I think it’s important that we all take a deep breath, continue our investigations, make sure we get the facts straight, and understand this in the broader legal context. This is a striking development in that Donald Trump Jr. received e-mails in which he was proffered, was told he might receive directly from a Russian government attorney, that’s what the e-mail said, information from a hostile power, Russia, that was seeking to help his father win the presidential election, about his father’s campaign opponent. Just on the face of it, that forces aside all the things that have been said by Trump campaign officials and the White House that there was no interaction with Russians, it was inappropriate, there was no attempt at collusion, this lays all that bare because his enthusiasm for the meeting and his lack of surprise to get an e-mail that saying that the Russian government was trying to help his dad win the election, are both pretty striking. What needs to happen next is Bob Mueller who is conducting an independent investigation should pursue these leads appropriately. Then as much as we can, without causing any interference with Bob Mueller’s investigation, both Senate Judiciary and Senate Intelligence Committees who have good bipartisan ongoing investigations should get to the bottom of this as quickly as we can. 

Senator Coons on whether Tim Kaine went too far: Tim Kaine is absolutely right that what Donald Trump Jr. should have done is hand this over to law enforcement. He tries to throw this off, Donald Trump Jr., as just opposition research, as the sort of thing that is routine in a campaign. Anybody who comes with damaging information about your opponent, you meet with them. But this is of a different kind. 

Senator Coons on whether this is treason:An e-mail that says a hostile power wants to share information is exactly the sort of thing that should have been turned over to the FBI. Colluding with a foreign power, partnering with Russia to try and influence our presidential election certainly raises questions, not just about whether this was ethical — it clearly wasn’t — but whether or not it breaks those constitutional boundaries that prevent American citizens from helping a hostile power. I’m not there yet, but I think that’s exactly why we need to have an investigation to more thoroughly understand the details of what happened and why. I don’t disagree with Tim Kaine that that’s one of the questions on all of our minds, but as a lawyer, I’m going to be careful about saying that I clearly see the elements of that charge. 

Senator Coons on whether Donald Trump Jr. should testify:Yes, he should provide sworn testimony both to the ongoing investigation led by Bob Mueller and to the two Senate committees. Again, I do think it’s important we keep coordinating between those investigations to make sure that we don’t repeat the mistake that happened in Iran-Contra where the two investigations get crosswise with each other. 

Senator Coons on whether he has reached out to Donald Trump Jr.: That’s not my role, that’s something that the Chairman of the Committee Chuck Grassley and Ranking Member Dianne Feinstein I believe will do, if they haven’t already done it, I expect they’ll do it imminently. They’ve already sent out letters asking that e-mails and other relevant materials be frozen, that nothing be destroyed. It’s my expectation that will move forward quickly. 

Senator Coons on Christopher Wray: The FBI director is one of the most important federal law enforcement positions and this would be an important confirmation hearing in any context. But, at a time when the most recent FBI director was abruptly fired and the Judiciary Committee is beginning an obstruction of justice investigation over how and why the past FBI director was fired, we’re going to have some critical questions for Chris Wray. I intend to ask him first whether he believes the intelligence community’s assessment that Russia interfered inappropriately with our last election and intends to continue doing so — I’ll remind you the FBI has a critical counterintelligence role. I’ll ask him whether he can be counted on to be independent of President Trump. And, let’s be clear, given recent allegations by former FBI Director Comey, he’s going to have to be willing and able to stand up to an overreaching president. Last, I’m concerned that Attorney General Jeff Sessions isn’t honoring his promise of recusal. His commitment to step aside from ongoing investigations related to the last election. So those are the three of the things I’m going to focus on today. 

###

ICYMI: Sen. Coons op-ed in The Hill: “R&D is essential for boosting the American economy”

WASHINGTON – In case you missed it, U.S. Senator Chris Coons (D-Del.) published an op-ed in The Hill based on remarks he delivered an event with Duke University last month at which he discussed the importance of maintaining U.S. investments in scientific R&D.

The Hill: R&D is essential for boosting the American economy

By Chris Coons

At campuses across the United States, it’s graduation season, a time when the next generation of engineers, researchers, and scientists are making career decisions that might one day change the world.

When I graduated from Amherst College in 1985 with a degree in chemistry, President Reagan was just beginning his second term in office. His administration had been characterized by severe budget cuts to domestic programs, including scientific research and development. As a result, some of my friends choose to go into the defense industry – which was seeing a huge spike in federal funding – instead of chemistry or biochemistry. The signal coming from the administration at the time was that defense, not basic science, would be funded for the long term.

Why do I say this? Because the priorities that presidents set have consequences that last beyond their terms in office. As when I graduated from college, the message scientists, researchers, and innovators are getting from the Trump administration’s proposed budget is that the United States is finished with the business of innovation – that we’ve decided it’s another country’s turn to lead the world in research and science.

The fact of the matter is, not since I was a recent college graduate has any administration come close to being more hostile towards research and development (R&D) than this one. As data from AAAS have shown, the Trump budget would cut non-defense R&D by more than $15.9 billion, or 21.8 percent. It would cut the National Institutes of Health (NIH), and our ability to discover cures for cancer, by 24 percent. It would cut energy programs at the Department of Energy (DOE) by 60 percent. It would cut the National Institute of Standards and Technology (NIST), whose mission is to promote innovation and U.S. industrial competitiveness, by 24 percent, and basic science funding at the National Science Foundation (NSF) by 11 percent.

With such low and unpredictable levels of funding, how many of the most promising researchers will choose the off ramp to completely different career paths instead of contributing to this nation’s R&D? How many life-changing technologies or medical treatments will we never discover? How often will we force promising innovators to take their work to our economic competitors, rather than continuing them here in the United States? These cuts have real, direct, and long-term consequences.  

But it’s not just R&D that this budget would impact. Despite President Trump’s campaign appeals to working Americans, his budget slashes investments that would boost manufacturing and create well-paying jobs. For instance, his budget singles out Manufacturing USA, a vital set of institutes that help develop and commercialize advanced manufacturing technologies, for cuts of more than 70 percent. These cuts would completely eliminate all five Department of Energy-led institutes.

The budget also eliminates the Advanced Research Projects Agency-Energy (ARPA-E), which funds high-risk technology projects to create new business opportunities in markets like energy efficiency – a sector that experienced one of the fastest job growth rates at 14 percent and created 260,000 new jobs in 2015.

Why do all of these cuts matter so much? Because investments in R&D are absolutely vital to the U.S. economy.

One study of 15 leading economies showed that every $1 investment in R&D generates $20 in economic activity. But if the public sector doesn’t act to make long-term investments and bring private, nonprofit and academic leaders together – the foundation for creating an innovative ecosystem – the private sector will continue to ship manufacturing and R&D abroad.

Our failure to do so is already having real consequences. In 2015, more than one-third of all R&D for U.S. firms was performed in Asia – a 30 percent increase from 2007. Even taking into account private sector investments, as a country we lag behind our competitors around the world in R&D investments. One recent ranking of total R&D spending as a percentage of GDP places the U.S. in 10th place, even though our economy is nearly twice as large as all of the countries that outrank us combined.

The good news is that Republicans and Democrats have already said the Trump budget is dead on arrival in Congress. Many members of both parties understand the importance of federal support for R&D, and what these investments mean for our economy.

In fact, I recently introduced the Invent and Manufacture in America Act with Republican Sen. Pat Roberts (R-Kan.), which increases the R&D tax credit for companies that not only design in America but make in America. This effort builds on the success I’ve had finding Republican senators to support, pass and get signed into law bills to strengthen manufacturing and support R&D. These recent wins include a permanent extension of the R&D tax credit to startups and small businesses, and the Defend Trade Secrets Act, which creates new federal protections for intellectual property.

It’s up to each of us to keep that momentum going. That requires us to make the case to the American people why these investments in R&D are so important. Those of us who’ve seen the impact of research and development firsthand have to help Americans appreciate the strong link between federal investment in R&D and economic growth, job creation and quality of life.

That includes scientists. As I said when I gave the AAAS William D. Carey lecture earlier this year, “for a scientist looking at our world, our community, and our culture, publishing is not enough. Your wider mission can no longer be just education and neutral research. Today, your mission should also include increasing public understanding in fundamental matters of science, technology, engineering, and medicine.” Defending science starts with publicizing – not just publishing – the important work you do.

###

Bipartisan members of Congress work to help Americans plan for debilitating illness or condition

70% of Americans have thought about their preferences if they face a debilitating illness or condition, but only one-third have completed an advance directive 

Legislation is the first of its kind to be endorsed by the Right to Life Committee

Republicans, Democrats work together to encourage Americans to complete ‘advance directives,’ plans for life-sustaining health decision. 

WASHINGTON – U.S. Senators Chris Coons (D-Del.), Bill Cassidy, MD (R-Louis.), John Barrasso (R-Wyo.), and Michael Bennet (D-Colo.) and U.S. Representatives Diane Black (R-Tenn.), Mike Thompson (D-Calif.), Chris Collins (R-N.Y.), and Peter Welch (D-Vt.) today reintroduced legislation to encourage Medicare beneficiaries to create electronic advance directives, legal documents that allow patients to clearly articulate their preferences for their medical care should they suffer from a debilitating illness or condition. The Medicare Choices Empowerment and Protection Act would offer a small, one-time financial incentive to encourage Medicare beneficiaries to provide clear legal guidance to their medical providers and family members should they become incapable of speaking for themselves. This legislation would incentivize Medicare beneficiaries themselves to create and register a certified and secure advance directive online.  In addition, the bill would provide beneficiaries with access to a website with model advance directives representing a range of options.

According to a 2006 study by the Pew Research Center, 70 percent of Americans have thought about their health care preferences should they be faced with a life-threatening illness or injury, but only one-third have completed an advance directive. Under the Medicare Choices Empowerment and Protection Act, Medicare beneficiaries would be able to voluntarily create and register an electronic advance directive with the Centers for Medicare & Medicaid Services (CMS) at any time. Advance directives would be created through, and maintained by, outside organizations certified by CMS, and could be modified or terminated at any time by the beneficiary. An advance directive would include any written statement that outlines the kind of treatment and care a beneficiary wants or does not want under certain conditions, and can include identification of a health care proxy. Beneficiaries would also receive a small, one-time incentive for registering an electronic advance directive. 

To address concerns about confidentiality, the Medicare Choices Empowerment and Protection Act requires both CMS and outside groups maintaining advance directives to hold the highest standards for privacy and security protection as well as system functionality. CMS would only keep track of the certified organization through which a beneficiary has created an advance directive and would not keep a database of these documents. The bill does not interfere with any state laws governing advance directives.  

Read a one-page summary of the legislation here.

“I am proud to introduce this bipartisan legislation with my colleagues to empower patients to make their own health decisions on their own terms,” said Sen. Coons.  “This bill will encourage more Americans to think about what kind of medical care they wish to receive should they not be able speak for themselves, which will reduce confusion and heartache and allow patients to spend their final days as they see fit.  The breadth of supporting organizations just reinforces the overwhelming need to encourage people to have these difficult, but critically important conversations.”

“This legislation gives patients greater power and incentive to consult with her or his Doctor to decide end of life issues,”said Dr. Cassidy.

“Empowering patients to control their own health care decisions is an important personal priority of mine. As a doctor, I’ve learned that the best patient relationships are partnerships – with doctors providing information, so patients can make the best informed decisions,” said Sen. Barrasso. “This bill will help more Medicare patients communicate their personal decisions to both their families and health care providers. This will ensure that more patients get the care at the end of their life that they want.”

“Life-threatening illnesses and injuries are devastating for both patients and their loved ones,” Sen. Bennet said. “Advance care planning would provide seniors the support they need to manage their end-of-life care when they are most vulnerable. By encouraging seniors to make proactive plans, family members will face less confusion and more Americans will have ownership over their health care decisions.” 

“Allowing patients to communicate their wishes with caregivers empowers them to take charge of their health care in the event they are unable to speak for themselves. By encouraging Medicare beneficiaries to plan ahead, their personal wishes are honored and made a priority,” said Rep. Black. “I am very proud to sponsor a bipartisan piece of legislation that keeps patients’ rights at the forefront of treatment based on their own values, not the priorities of the government or their doctors. As a nurse, I have too often seen families go through tremendously painful situations while making decisions for their loved one, and it is my hope that this bill offers some peace of mind in difficult circumstances.”

“Every person has a right to determine their own end-of-life care,” said Rep. Thompson. “This bill will help put Medicare patients in charge their own end-of-life care decisions by providing them with the tools they need to direct their own care. I worked on this issue in the California State Senate, and I am proud to continue this effort to empower patients.” 

“This is an important piece of legislation that allows the very personal wishes of an individual to be respected when it comes to their care,” said Rep. Collins. “This bill will help ease the burden on loved ones and would provide clear guidance to healthcare providers when an individual has lost the ability to make and clearly communicate their desires.” 

“Advance directives empower seniors to specify their health care preferences well in advance of a debilitating or terminal illness,” said Rep. Welch. “Having this important discussion with families and doctors in advance will give them peace of mind knowing that their wishes will be met should they not be able to make their own treatment decisions.”

“As staunch advocates for the patients we serve and our profession, we support legislation that empowers patients to plan in advance for the unforeseen and unimaginable. This bill would encourage Medicare beneficiaries to create advance directives to ensure individuals have provided clear guidance to their medical providers and family members about their health care decisions. This is why ANA applauds the reintroduction of the Medicare Choices Empowerment and Protection Act,” said ANA President Pamela F. Cipriano, PhD, RN, NEA-BC, FAAN.

“We applaud this bipartisan group of Senators and Representatives for agreeing that the American people deserve to live with confidence they can have their voice heard in their own care, even if they’re in a health crisis and can’t communicate,”  said Jeff Zucker, CEO of ADVault, creators of digital emergency advance care planning platform MyDirectives.com.

The bill is supported by the National Right to Life Committee, Coalition to Transform Advanced Care, National Partnership for Hospice Innovation, American Nurses Association, Third Way, Healthwise, MyDirectives, Center for Practical Bioethics, Get Real Health, Coordinated Care Health Network, Cerner,  Altarum, American College of Emergency Physicians, and Zen Hospice.

The full text of the bill is available here.

###

[VIDEO] Sen. Coons on Trump-Putin meeting: “Donald Trump stepped up to the plate and whiffed”

Sen. Coons on Donald Trump, Jr.: “For a group of folks that have nothing to hide about their interactions with Russia, they certainly seem to have been hiding a lot.”

Sen. Coons: “Donald Trump’s policy of America first is increasingly turning out to mean America alone”

Sen. Coons: “Vladimir Putin and his Russian intelligence agencies fully intend to interfere in our next election in 2018 and 2020”

Sen. Coons on cybersecurity commission with Russia: “That’s like tweeting out that he’d like to fight drug abuse in America by starting a new drug interdiction conference with ‘El Chapo’”

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Committee, today joined Morning Joe to discuss foreign policy under the Trump administration.

“Donald Trump’s policy of America first is increasingly turning out to mean America alone. I’ll remind you that President Trump’s strategy for how to confront North Korea’s aggressive nuclear weapons program, one of our top national security challenges, is to try to organize world pressure on China to get China to put pressure on North Korea,” said Senator Coons. “If that’s the goal, than the outcome of many of the meetings and interactions that President Trump had with the G-20 did not advance that goal at all. His withdrawal from the Paris Agreement, his trumpeting nationalism and economic isolationism frankly did not go over well with the G-20, and the final communiqué makes it clear that, on some key issues, the United States is increasingly isolated.”

Full video and audio available here.

Excerpts from interview:

Senator Coons on the Putin-Trump meeting: Well, I think on this question of confronting Vladimir Putin on his interference in our 2016 election, Donald Trump stepped up to the plate and whiffed. The idea that we’re going to simply agree to disagree and move on I think steps aside from confronting the very real challenge, which is that Vladimir Putin and his Russian intelligence agencies fully intend to interfere in our next election in 2018 and 2020. Former FBI Director Comey testified to the Senate that given that Russia has paid no serious price at all, we can expect them to attempt and probably succeed in interfering in our next elections. Imagine how much stronger that confrontation would have been if President Trump had presented Putin with a signed law that imposed tougher sanctions on Russia for their inappropriate and unacceptable interference in our election. 

More on the meeting: Well, for a group of folks that have nothing to hide about their interactions with Russia, they certainly seem to have been hiding a lot. The idea that these three individuals, the president’s son, the president’s son-in-law, and the president’s campaign manager organized a meeting in order to get the fruits of cyber hacking into their opponent’s campaign is strongly suggestive of potentially criminal activity and the idea that they failed to previously report this despite being required to do so suggests that there may well be some inappropriate action, some conspiracy, or some obstruction. I can’t reach those conclusions as to whether it is or isn’t because I don’t have that evidence in front of me. But, it certainly suggests based on the New York Times reporting that this is the sort of thing that Bob Mueller should be looking at closely and if we can do so without interfering with Bob Mueller’s independent investigation, we should do so on the Judiciary Committee as well. 

Senator Coons on Russia and American foreign policy: Donald Trump’s policy of America first is increasingly turning out to mean America alone. I’ll remind you that President Trump’s strategy for how to confront North Korea’s aggressive nuclear weapons program, one of our top national security challenges, is to try to organize world pressure on China to get China to put pressure on North Korea. If that’s the goal, than the outcome of many of the meetings and interactions that President Trump had with the G-20 did not advance that goal at all. His withdrawal from the Paris Agreement, his trumpeting nationalism and economic isolationism frankly did not go over well with the G-20, and the final communiqué makes it clear that, on some key issues, the United States is increasingly isolated. 

Senator Coons on Trump’s tweets about cybersecurity: That’s beyond puzzling. That’s like tweeting out that he’d like to fight drug abuse in America by starting a new drug interdiction conference with ‘El Chapo.’ The idea that somehow the right way to fight cybersecurity is to form some joint coalition with exactly our most capable cyber adversary, it’s — it defies description.

###

Senators Coons, Grassley question USPTO participation in Commerce’s “Enterprise Services” initiative

WASHINGTON, D.C. – U.S. Senators Chuck Grassley (R-Iowa) and Chris Coons (D-Del.) sent a letter to Secretary of Commerce Wilbur Ross questioning the U.S. Patent and Trademark Office’s participation in the Department of Commerce’s initiative to develop shared services for all of the Department’s bureaus, called “Enterprise Services.”  The senators are requesting further information from Secretary Ross to ensure that the USPTO is not paying more into setting up these services than it will get in return.  Such fee diversion may also violate statutory provisions providing for the USPTO’s operational independence. Those provisions are intended to guarantee that the fees the USPTO collects from users of its services are used solely to fund the USPTO and further its mission of producing high quality patents and trademarks to support American competitiveness.

Read the text of the letter below:

July 6, 2017 

The Honorable Wilbur L. Ross, Jr.

Secretary

United States Department of Commerce

1401 Constitution Avenue, Northwest

Washington, D.C. 20230

Dear Secretary Ross: 

As the Chairman and a member of the Senate Judiciary Committee, which has jurisdiction over patent and trademark laws of the United States, and as the Senate co-chairs of the Congressional Trademark Caucus, we understand the importance of patents and trademarks to the economic prosperity of this country.  We hope to work with you to ensure that the U.S. Patent and Trademark Office (USPTO) is operating to produce high quality patents and trademarks that drive economic growth and support American competitiveness.

We support the Department of Commerce’s (Commerce) overall goals of finding cost savings and reducing duplicative government spending.  As part of such efforts, Commerce has begun efforts to implement an “Enterprise Services” initiative to build a common infrastructure for certain human resource (HR), information technology (IT), and procurement services and make them available to Commerce’s bureaus.  However, stakeholders and users of USPTO’s services are raising concerns about whether the USPTO will realize any cost-savings from its participation in Enterprise Services.  The USPTO is unique among Commerce’s bureaus in that it is entirely funded by user fees—e.g., those who pay for patent and trademark applications—and in exchange for requiring these users to pay for government services, statutory provisions were designed to ensure that collected USPTO fees remain in service of the mission of the agency.  If the USPTO will not be utilizing what Enterprise Services offers, but is being asked to pay for its setup costs, it would strongly suggest that this will undermine the statutory protections specifically put in place to prevent USPTO fees from supporting other parts of the federal government and to provide for USPTO’s operational independence.

Beyond these statutory limits, users of USPTO services point out that there are good reasons for the USPTO to maintain its independence and have its own, separate services in many—if not in all—of these areas.  The USPTO Director’s operational independence is important to ensuring that the USPTO’s mission of supporting innovators and entrepreneurs is the priority when tough budget decisions are made.  This is important to those innovators and entrepreneurs who fund the agency to examine their trademarks and patents.  It is also necessary to ensure that the USPTO can make the long-term investments in new IT needed for examination to keep up with innovation, which is to the ultimate benefit of our country’s economy overall. 

Due to its particular mission, the USPTO also has unique needs which include identifying and targeting a scientifically trained workforce.  USPTO must support new hires as they move through the years-long process of becoming a patent examiner with full, independent authority to examine patents.  We understand that the USPTO has developed a skilled HR workforce that is uniquely able to respond to the needs of its specialized personnel.  Stakeholders who fund the USPTO through user fees have raised concerns that switching to a centralized, offsite HR service would not be able to replicate this type of direct support and could lead to higher rates of attrition, which is particularly costly for the USPTO because of the resources needed to train new examiners to get them to full production capacity.  Additionally, the USPTO has unique IT support needs stemming from its geographically dispersed workforce, much of which is authorized to telework and who work flexible hours using customized software to process patent and trademark applications.    

Accordingly, it is important that we better understand the case for the USPTO’s participation, especially given that the USPTO has made significant investments of its own to improve many of its services in recent years after it received the authority to set its own fees under the Leahy-Smith America Invents Act of 2011.  Given these circumstances, we request the following information to better understand how the USPTO’s participation in Enterprise Services comports with its governing statutory scheme:  

  • Prior to the launch of Enterprise Services, was an analysis conducted to show whether the USPTO would see an improvement of services and realize cost-savings from this initiative, apart from any analysis conducted to show how Commerce overall might benefit?  If yes, please provide a copy of that analysis and any updates to that analysis since Enterprise Services’ operations have begun. 
  • What services does Commerce plan to offer through a location that is offsite to the USPTO?  From where would those services be offered, and how would the USPTO be expected to access them?  
  • Does Commerce plan to require the USPTO to subscribe to these services if it would require a loss of quality to what the USPTO currently offers, or if the USPTO otherwise objects?  If yes, how is this consistent with 35 U.S.C. § 1, which states that:

In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law.  (Emphasis added.)

  • Would the USPTO’s participation in any part of Enterprise Services allow executives in Commerce other than the USPTO Director to have ultimate decision-making authority over aspects of human resources, information technology, or procurement issues?  If yes, how is this consistent with the requirement under 35 U.S.C. § 1 that the Director “shall retain responsibility for decisions regarding the management and administration of its operations”?
  • How much money has the USPTO contributed to Enterprise Services to date, and what has this money been used for?  How much money has Commerce requested that USPTO contribute to Enterprise Services for the remainder of fiscal year 2017 and for fiscal year 2018?   
  • How is the expenditure of these funds consistent with 35 U.S.C. § 42(c)(3)(A), which states that “[a]ny fees that are collected under this title, and any surcharges on such fees, may only be used for expenses of the Office relating to the processing of patent applications and for other activities, services, and materials relating to patents and to cover a proportionate share of the administrative costs of the Office” (emphasis added), and 35 U.S.C. § 42(c)(3)(B), which provides the same limitation for trademark applications? 
  • We understand that the USPTO is being asked to contribute a pro-rata share of the costs for Enterprise Services based on the Office’s number of full-time equivalent (FTE) employees as a percentage of the overall Department of Commerce FTE numbers, amounting to approximately twenty-eight percent.  How does this reconcile with the statutory requirement contained in 35 U.S.C. §§ 42(c)(3)(A) and 42(c)(3)(B) that USPTO’s collected fees may only be used “to cover a proportionate share of the administrative costs of the Office”?  
  • USPTO stakeholders have raised concerns that instead of paying a proportionate share of the cost to create services that the USPTO knows it will use and will reduce its costs, the USPTO appears to be paying nearly a third of the costs for the entire initiative regardless of projected use or cost savings.  Why was this metric chosen instead of having bureaus each contribute according to the extent that they are using the services offered by Enterprise Services?  How is this consistent with the USPTO’s statutory mandate?

We appreciate your cooperation with this request and look forward to your response by July 20, 2017.

Sincerely,

 

###