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[VIDEO]: Senator Coons honors Delawarean Fred Sears on the Senate floor

WASHINGTON – Yesterday, U.S. Senator Chris Coons (D-Del.) honored Delaware businessman and philanthropist Fred Sears, who will retire from the Delaware Community Foundation at the end of the year after 13 years as President and CEO.

Excerpts from Senator Coons’ remarks: 

I rise today to recognize a close friend from Delaware, Fred Sears. A community leader and a passionate advocate for all in our community; a man whose name is synonymous with business leadership and public service in my home state of Delaware, and a man I am proud to call my friend.” 

“For decades, his impact has been felt by elected officials, non-profit and community leaders, and countless Delawareans of all backgrounds and careers. He is a true leader, an authentic champion of the community, and the embodiment of what service means in Delaware.”

“Since Fred began as CEO in 2002, the Delaware Community Foundation has tripled its long-term charitable funds and built its assets to $285 million. Dozens of non-profits and community funds have flourished under Fred’s leadership, and he and his team and their astute financial guidance continues to generate the funding that enables them to serve.” 

“Fred possesses that rare quality: the ability to inspire others. He has used his passion for service to motivate the next generation of great leaders in our state. Take, for example, one of Fred’s many initiatives called The Next Generation. It is one he is most proud of, and justifiably so.”

“Thank you for giving your time and talents over decades to more than 40 community nonprofit organizations, for serving on countless boards, from Christiana Care to the Rodel Foundation, from the Housing Partnership, to the United Way. Thank you for your decades of service to Wilmington and Delaware, and for a lifelong commitment to family, friends, and community. Fred, as our friend Tony Allen puts it, everyone in Delaware is better off because of your efforts.” 

Senator Coons’ full remarks are below:

“Mr. President, I rise today to recognize a close friend from Delaware, Fred Sears. A community leader and a passionate advocate for all in our community; a man whose name is synonymous with business leadership and public service in my home state of Delaware, and a man I am proud to call my friend.

“Fred is known statewide for his generosity, his enthusiasm, and his business acumen. For decades, his impact has been felt by elected officials, non-profit and community leaders, and countless Delawareans of all backgrounds and careers. He is a true leader, an authentic champion of the community, and the embodiment of what service means in Delaware.

“Fred Sears is a Delawarean through and through, born just blocks away from his boyhood home at what was then called Wilmington Hospital, he grew up across the river from Brandywine Zoo. This Delaware native attended Mt. Pleasant elementary, Alfred I. DuPont junior high, and Wilmington Friends School for high school. Fred went on to earn a business degree from the University of Delaware, and had a great deal of fun, including a truly memorable spring break trip to the Bahamas with Joe Biden, his classmate and friend.

“After graduating from UD in ‘64, Fred began a nearly forty-year career in banking. Fresh out of college, Fred was scheduled to interview for a job with the Bank of Delaware, but accidentally walked into Delaware Trust instead. Fortunately, Delaware Trust was also hiring, and after starting as a management trainee, he rose to become the institution’s first vice-president of business development. From there, Fred went on to later work at Wilmington Trust, Beneficial National Bank, and, ultimately, Commerce Bank, where he was Delaware Market President.

“While Fred was well and widely known as a leader in our financial services industry, he found many other ways to serve our community as well.

“Early in his career, Mayor Tom Maloney asked his friend Fred to take a leave of absence from Delaware Trust to serve as the city’s Director of Finance and then later as Director of Economic Development. Fred not only fulfilled those two roles terrifically, but decided afterwards to run for an at-large City Council seat in 1976. Fred won, and went on to serve two full terms. 

“Many of us in younger generations of politics after Fred’s elected service have called on his wisdom, his insight, and his ability to bring people together, as we had important decisions to make. So Fred served on the transition teams of Wilmington Mayor James Sills, Delaware Governor Ruth Ann Minner, and co-chaired my transition team after I was elected New Castle County Executive in 2004. 

“For many of us, decades of success in finance, in business, in politics might be the hallmark of a complete and successful career. But for Fred, these experiences were just a few of the ways he fulfilled a lifelong passion for service in our State of Neighbors. 

“Just over thirteen years ago, while Fred was at Commerce Bank, our mutual friend Jim Gilliam Jr. called Fred one day and said to him, “I have a job for you.” After some convincing, Fred accepted the job, and since then, he has served admirably at the helm of one of the most important organizations in Delaware: the Delaware Community Foundation. The DCF plays an integral role in my home state, helping local non-profits direct philanthropy to Delaware’s most worthy causes and encouraging long-term charitable giving to improve our state. 

“Since Fred began as CEO in 2002, the DCF has tripled its long-term charitable funds and built its assets to $285 million. Dozens of non-profits and community funds have flourished under Fred’s leadership, and he and his team and their astute financial guidance continues to generate the funding that enables them to serve.

“Fred didn’t join the DCF though just to raise money and just to be important and recognized; he rather sought to improve the entire philanthropic community and quality of community life in Delaware, and his success in doing so reflects his values and his vision.

“Fred is a true leader: honest, insightful, thoughtful; creative, positive and confident. And Fred possesses that rare quality: the ability to inspire others. He has used his passion for service to motivate the next generation of great leaders in our state.

“Take, for example, one of Fred’s many initiatives called The Next Generation. It is one he is most proud of, and justifiably so. Next Gen takes groups of civic-minded young professionals with limited or no experience in philanthropy, and, with just the right amount of guidance and encouragement, helps mold them into nonprofit board leaders. Since 2004, Next Gen’s chapters up and down the state have helped direct over $300,000 in grants to community needs all over my home state of Delaware.

“My good friend, Tony Allen, who also calls Fred a mentor, and a friend, and a brother, tells a story of how Fred helped establish the African American Community Empowerment Fund. The fund is today known as the Council on Urban Empowerment, and it promotes philanthropy that supports educational, social, and economic empowerment of African American Delawareans. As Tony notes, Fred didn’t just help establish the fund, he wasn’t just one of its first donors; he attended every meeting of the group. 

“In 2010, Tony introduced Fred when Fred Sears was set to receive an award for nonprofit leadership. As Tony put it then, “While patience is a virtue, impatience is a weapon. And Fred can be appropriately impatient. Fred doesn’t demur to what others would call insurmountable tasks and taboo topics of conversation. He takes every opportunity to constructively push the status quo.” 

“Tony’s absolutely right, and given that legacy of leadership, it’s no surprise Fred has been honored by countless organizations for his business and community efforts. He’s received a “Lifetime Achievement in Philanthropy Award” from the Association of Fundraising Professionals. He’s been given a distinguished service award from the Wilmington Rotary Club. He’s been deemed a “Superstar in Business” by the Delaware State Chamber, and was named “Citizen of the Year” by the Delmarva Council of the Boy Scouts of America.

“Those awards and merits are certainly a reflection of Fred’s values and his many successes. But those of us who’ve had the privilege to work closely with Fred and to know him, know that his commitment to service shines most brightly in the hundreds of interactions he has with Delawareans every day, whether he’s offering ideas and advice, or just saying a quick hello.

“We know that even though Fred’s leaving the Delaware Community Foundation, he’ll undoubtedly continue to serve the community he loves. In fact, Fred just accepted an appointment from Governor Markell to chair Delaware’s Expenditure Review Commission, suggesting Fred has no intention of taking “retirement” literally.

“Mr. President, in a testament to Fred’s thoughtfulness, leadership, and sense of compassion, just a day after the passing of our beloved friend Beau Biden earlier this year, Fred spoke to the Bidens and offered to help the family establish an organization in Beau’s name. That idea became the Beau Biden Foundation for the Protection of Children – and two days after it was launched, they’d already raised over $125,000.

“If this is all there was to Fred’s story, it would be a remarkable one. But there is even more to Fred as a businessman, a philanthropist and a person. 

“If you speak to those who have been around him the longest, they will tell you his true passion is his family: his wife JoAnn, his son Graham, his daughter-in-law Kathryn, his son Jason, his daughter-in-law Jen, and, of course, his treasured grandchildren, Kylie, Paxton, and Charlie.

“I have no doubt that Fred’s retirement means he’ll be spending a lot more time as Pop Pop to his three treasures, becoming even more of a fixture at their frequent school functions and their baseball and soccer games. 

“Fred’s friends and family will also tell you how much he adored his mother, Marjorie, visiting her daily at Stonegates until her passing, and how much he cares for his father-in-law today. 

“They will tell you that Fred loves dancing, snappy suspenders, and vinyl records. 

“Fred’s friend Tom Shopa will tell you about Fred’s passion for golf, and how for decades he has kept track of all of his golf scores, the number of putts he made, the weather that day – recording every single detail just as his father did.

“Fred’s friends and colleagues will tell you they hear Fred say “thank you” dozens of times every day.

“So today, I pause for a moment on the floor of this great institution to say “thank you” to Fred.

“Thank you for giving your time and talents over decades to more than 40 community nonprofit organizations, for serving on countless boards, from Christiana Care to the Rodel Foundation, from the Housing Partnership, to the United Way.

“Thank you for your decades of service to Wilmington and Delaware, and for a lifelong commitment to family, friends, and community.

“Fred, as our friend Tony Allen puts it, everyone in Delaware is better off because of your efforts.

“Thank you, Fred Sears, and congratulations on many jobs well done. I eagerly look forward to seeing where your so-called “retirement” will take you next.

“Thank you, Mr. President.”

ICYMI: Senator Coons’ oped: Encouraging advance directives is about supporting individual choice

WASHINGTON – In case you missed it, U.S. Senator Chris Coons (D-Del.) published an oped in today’s News Journal focused on his bipartisan, bicameral bill 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.   

Encouraging advance directives is about supporting individual choice

Senator Chris Coons

As Americans, we treasure the freedom to make our own choices about our future. Yet far too often, families in Delaware and across the United States find themselves making difficult and complicated health care decisions for loved ones who are no longer able to speak for themselves. These decisions are heartbreaking for families, who want nothing more than to respect their loved ones’ preferences but may not know what those preferences are. The decisions are equally heartbreaking for patients themselves, who would never wish such a choice upon the family and friends they care about most.

These situations are too common in the United States, even though most us want to spend our final months on our own terms. Recent studies have shown that more than two-thirds of Americans have thought about their preferences for care in the event of serious illness or injury, and 9 in 10 believe doctors should have these conversations with their patients. Despite this widespread support, fewer than 20 percent of Americans actually have had these discussions with their doctor.

The overwhelming need for improving these conversations is nothing new to Delaware doctors. When I first ran for the Senate in 2010, I sat down with a group of physicians to get their thoughts on America’s health care system. I asked them, “What are the most important health care problems that Washington or elected leaders aren’t fixing?”

I expected 17 different answers from the 17 physicians I spoke with – but I got the opposite. Every doctor could think back to a case in which a patient faced a terminal illness and did not have long to live – yet each performed operations or interventions that the doctor didn’t think the patient would have wanted and that often came at an enormous emotional cost for the patient’s family.

Fortunately, we’re seeing signs of progress. In June, Senators Johnny Isakson and Mark Warner reintroduced a bipartisan bill that would encourage advanced care planning by providing incentives for health care providers to discuss and document end-of–life decisions made by patients while in their care. In October, the Centers for Medicare and Medicaid Services (CMS) finalized new rules allowing Medicare to reimburse doctors for speaking with their patients about end-of-life preferences.

Last month, I led a coalition of six Republicans and Democrats in Congress to build on that momentum by introducing legislation that represents the next step forward. The Medicare Choices Empowerment and Protection Act establishes a financial incentive for Medicare beneficiaries to create electronic advance directives by providing a one-time payment of $75. Advance directives would be maintained by outside organizations approved by CMS and could be modified or canceled at any time.

Our bill simply seeks to make an extraordinarily difficult conversation a little easier. By encouraging patients to start thinking about these decisions earlier and giving them time to compile the necessary information from their health care providers, the Medicare Choices Empowerment and Protection Act reduces confusion and empowers patients to make their preferences clear. 

Support for these important reforms transcends political party. Our bill is supported by organizations as diverse as the American Nurses Association and the National Right to Life Committee, America’s largest right-to-life organization. It’s also been endorsed by local advocacy groups, including the Delaware Academy of Medicine/Delaware Public Health Association.

Delaware has already taken action to empower patients to improve the quality of care they receive at the end of their lives by passing a law earlier this year establishing the Delaware Medical Orders for Scope of Treatment program. Now it’s time to make progress on a national scale. 

The Medicare Choices Empowerment and Protection Act is a key step in that direction. It preserves each and every American’s right to a good life, from one chapter to the next.

U.S. Sen. Chris Coons, (D-Del) earned a master’s degree in ethics from Yale Divinity School.

Senators Hatch, Coons: Trade Secrets bill ready for markup, floor vote

WASHINGTON – After a Senate Judiciary Committee hearing today on the bipartisan, bicameral Defend Trade Secrets Act, authored by U.S. Senators Orrin Hatch (R-Utah) and Chris Coons (D-Del), the Senators said that overwhelming, bipartisan committee support and backing of key industry leaders shows that the bill is ready to be voted out of the Judiciary Committee and considered on the Senate floor.  The Defend Trade Secrets Act will help combat the loss of hundreds of billions of dollars each year in the United States to the theft of corporate trade secrets.

The bill is backed by nine members of the Senate Judiciary Committee, including: Senators Dick Durbin (D-Ill.), Jeff Flake (R-Ariz.), Thom Tillis (R-N.C.), Richard Blumenthal (D-Conn.), Amy Klobuchar (D-Minn.), David Perdue (R-Ga.), and Jeff Sessions (R-Ala.).

“To safeguard American ingenuity and give companies the protections they deserve, Congress should act now to pass the Defend Trade Secrets Act, which Senator Coons and I authored earlier this year,” said Senator Hatch. “Not only has our bill attracted overwhelming bipartisan support in both chambers of Congress; it has also garnered endorsements from a wide-array of industry stakeholders who know firsthand the economic losses caused by trade secret theft.  Both Republicans and Democrats can agree that this bill is a win for American property rights and innovation. Why wouldn’t we move this bill now?”

“Today’s hearing demonstrated that we need this bill now more than ever as more and more American companies are losing jobs and revenue because they lack the ability to defend their trade secrets under federal civil law,” said Senator Coons. “Companies in Delaware and across the country who drive innovation and economic growth deserve the same legal protections that other forms of critical intellectual property enjoy. I urge my colleagues to listen to the testimony from today if they have any doubt of the need for this bill that has strong support across a diverse array of industries, and I’m determined to work with with Senator Hatch to see this bill across the finish line.”

At the hearing today, testimony from representatives from a variety of industries, including Delaware-based DuPont, explained the need for a federal private right-of-action to give companies the ability to protect their trade secrets in federal court.   Currently, civil trade secret laws vary state-to-state, and state courts can lack the streamlined procedures and remedies necessary to stop a trade secret from being lost forever.  Trade secret theft puts American jobs at risk and threaten incentives for continued investment in research and development in the U.S.

“As an innovator, DuPont depends on intellectual property protection—including trade secrets,” said Karen Cochran, Associate General Counsel and Chief IP Counsel, DuPont in testimony to the committee. “Realizing the full potential of our innovation often includes knowledge-building that can span decades. This work generates a range of intellectual property from patents to trade secrets. DuPont recently defended the trade secrets for one of our well-known products, Kevlar®. This experience brought about our realization of the importance of S. 1890 and updating trade secret protection and remedies.”

The Defend Trade Secrets Act would:

  • Harmonize U.S. law by building on the Economic Espionage Act to create a uniform standard for trade secret misappropriation. Companies will be able to craft one set of nondisclosure policies secure in the knowledge that federal law will protect their trade secrets.
  • Provide for injunctions and damages, to preserve evidence, prevent disclosure, and account for the economic harm to American companies whose trade secrets are stolen without preventing employee mobility.
  • Be consistent with the remedies provided for other forms of intellectual property, such as patents, trademarks and copyrights, which are all covered by federal civil law.

The bill is supported by the Association of Global Automakers, Inc., Biotechnology Industry Organization (BIO), The Boeing Company, Boston Scientific, BSA | The Software Alliance (BSA), Caterpillar Inc., Corning Incorporated, Eli Lilly and Company, General Electric, Honda, IBM, Illinois Tool Works Inc., Intel, The Intellectual Property Owners Association (IPO), International Fragrance Association, North America, Johnson & Johnson, Medtronic, Micron, National Alliance for Jobs and Innovation (NAJI), National Association of Manufacturers (NAM), NIKE, The Procter & Gamble Company, Siemens Corporation, Software & Information Industry Association (SIIA), U.S. Chamber of Commerce, and United Technologies Corporation.

Senators Coons, Markey, Baldwin fight discrimination against those with HIV/AIDS

WASHINGTON – Today, U.S. Senators Chris Coons (D-Del.), a member of the Senate Judiciary Committee, Tammy Baldwin (D-Wis.), and Ed Markey (D-Mass.) introduced legislation aimed at helping end stigma, discrimination, and stereotypes that negatively impact Americans living with HIV/AIDS. The Repeal Existing Policies that Encourage and Allow Legal (“REPEAL”) HIV Discrimination Act would require an interagency review of federal and state laws that criminalize certain actions by people living with HIV.

“It’s simply not fair that someone with a treatable medical condition should automatically be subjected to a different set of criminal laws,” Senator Coons said. “A disturbing number of state and local criminal laws pertaining to individuals with HIV/AIDS are rooted not in science, but in outdated fear. They run counter to effective public health strategies, discourage HIV testing, and perpetuate unfair stigma and discrimination against people living with HIV/AIDS – people who are our friends, family members, and neighbors. Rather than recognizing that HIV/AIDS is a treatable medical condition, these laws perpetuate the idea that HIV is a deadly weapon and people with HIV/AIDS are dangerous criminals. Our laws need to catch up to our science and our morals, and this bill would take an important step in that direction.” 

“As we treat those living with HIV/AIDS, our laws should treat them equally,” said Senator Markey.  “We should not have policies or laws on the books that discriminate, perpetrate stereotypes or aren’t based in sound science. The REPEAL Act will help ensure that individuals with HIV/AIDS are not criminalized for having a treatable medical condition, and that all Americans are subject to the same set of laws. I thank Senator Coons and Baldwin for their leadership on this issue and look forward to working with all of my colleagues to pass this important legislation.” 

“Despite great advances in treatment, education and awareness, those living with HIV and AIDS still face stigma and discrimination,” said Senator Baldwin.  “Today, on World AIDS Day, I am proud to join Senators Coons and Markey in introducing this important legislation to ensure that federal and state criminal laws are grounded in sound medical science and do not place an undue burden on individuals with HIV and AIDS.  It is critical that we continue to fight the stigma associated with HIV/AIDS and break down barriers to accessing testing, support and treatment.”

Thirty-two states have criminal statutes based on perceived exposure to HIV, regardless of the actual risk of transmission, and 13 states have laws that criminalize certain acts — like spitting — by people with HIV/AIDS, even though it is not possible to transmit HIV by saliva. Aside from being charged under HIV-specific criminalization statutes, people living with HIV have been charged under aggravated assault, attempted murder, and bioterrorism statutes. 

“The REPEAL HIV Discrimination Act is a common-sense, no-cost measure that will help local states to save taxpayer dollars by ensuring that criminal laws relating to HIV exposure are based on the best and most recent science and knowledge about HIV, including the recent advances of effective HIV treatments,” said William McColl, Director of Health Policy at AIDS United.

U.S. Representative Barbara Lee (D-Calif.) introduced the legislation in the House of Representatives in March. H.R. 1586 has seven cosponsors.

More than 150 HIV/AIDS, LGBT, military, public health, racial justice, religious, and women’s organizations have endorsed the legislation, including the Center for HIV Law and Policy, AIDS United, Sero Project, National Minority AIDS Council, American Civil Liberties Union, OutServe – Servicemembers Legal Defense Network, Human Rights Campaign, American Academy of HIV Medicine, Black AIDS Institute, American Psychological Association, Lambda Legal, and National Council of Jewish Women.

Senator Coons’ statement on confirmation of Gayle Smith and the urgent need to confirm dozens of other critical national security nominees

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Committee, issued the following statement Monday after the Senate confirmed Gayle Smith as Administrator of the U.S. Agency for International Development:

“I am pleased the Senate finally confirmed Gayle Smith to lead the United States Agency for International Development (USAID).  Gayle is a champion of sustainable development who has served on the National Security Council, led non-governmental organizations, and reported on crises around the world as a journalist.  At a time when the world is experiencing the worst humanitarian crisis since the Second World War, Gayle should have been confirmed months ago.  I look forward to working with her and USAID as she coordinates the U.S. response to the refugee crisis and other hotspots around the world.

“Despite the confirmation of Gayle Smith, the Senate has much more work to do when it comes to national security nominations.  We should act now to confirm the other foreign policy and national security nominees whose confirmations have been held by my colleagues for petty political reasons.   When a President of either political party submits a highly qualified candidate who is of good character and sound mind, absent exceptional circumstances, that nominee should be entitled to an up or down vote.

“Candidates like Tom Shannon, nominee to serve as Under Secretary for Political Affairs at the State Department, and Adam Szubin, nominee for Under Secretary for Terrorism and Financial Crimes at the Treasury Department, are proven,  talented policymakers who should be confirmed and whose leadership would help advance our national interests, build peace and stability, and protect our homeland.

“The current global environment is complex, interconnected, and unstable.  If the United States is to continue to lead the international response to terrorism  and the many other national security challenges facing us today, we should confirm well qualified nominees promptly.  Preventing our country from having the highest quality representatives serving overseas does not make sense, and these confirmation processes are not the place to wage political battles or settle scores.  Many of these nominees are apolitical, career Senior Foreign Service officers or civil servants who have served exceptionally and largely anonymously.  We should honor their service by confirming them without further delay.”

Foreign Policy and National Security Nominees Waiting for Senate Confirmation 

  • Cassandra Butts, U.S. Ambassador to the Bahamas, U.S. Department of State
  • Brad R. Carson, Under Secretary of Defense for Personnel and Readiness, U.S. Department of Defense
  • Lisa S. Disbrow, Under Secretary, U.S. Air Force
  • Brian Egan, Legal Adviser, U.S. Department of State
  • John Estrada, U.S. Ambassador to Trinidad & Tobago, U.S. Department of State
  • Linda I. Etim, Assistant Administrator, United States Agency for International Development (USAID)
  • Eric K. Fanning, Secretary, U.S. Army
  • Todd Fisher, Board of Directors, Overseas Private Investment Corporation (OPIC)
  • Samuel Hein, U.S. Ambassador to Norway, U.S. Department of State
  • Roberta Jacobson, U.S. Ambassador to Mexico, U.S. Department of State
  • Marcel Lettre, Under Secretary of Defense for Intelligence, U.S. Department of Defense
  • Tom Melia, Assistant Administrator for Europe and Eurasia, United States Agency for International Development (USAID)
  • John Morton, Executive Vice President, Overseas Private Investment Corporation (OPIC)
  • Patrick J. Murphy, Under Secretary, U.S. Army
  • Deven Parekh, Board of Directors, Overseas Private Investment Corporation (OPIC)
  • Azita Raji, U.S. Ambassador to Sweden, U.S. Department of State
  • David Robinson, Assistant Secretary for Crisis and Stabilization Operations, U.S. Department of State
  • Sunil Sabaharwal, Alternative Executive Director, International Monetary Fund (IMF)
  • Tom Shannon, Under Secretary of State, U.S. Department of State
  • Elissa Slotkin, Assistant Secretary of Defense for International Security Affairs, U.S. Department of Defense
  • Adam Szubin, Undersecretary for Terrorism and Financial Crimes, U.S. Department of the Treasury
  • Kenneth Ward, U.S. Representative, Organization for the Prohibition of Chemical Weapons 

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Senator Coons’ statement on Mission Innovation commitment announced by President Obama, other world leaders in Paris

WASHINGTON – Today, U.S. Senator Chris Coons (D-Del.) released the following statement after the announcement from President Obama and other world leaders that the United States will double its commitment to clean energy research within the next five years.

“I applaud President Obama, President Hollande, and the 18 other world leaders who have pledged their support for Mission Innovation, which will catalyze and accelerate public and private global clean energy investment. It is unrealistic for any nation, large or small, to make substantial reductions in carbon emissions without clean and viable alternative energy sources. While the success of Mission Innovation will require the participating nations to see their commitments through, I am proud that the United States is leading this important effort by committing to increase our investment in global clean energy research and development to $10 billion within five years.

“More broadly, it is fitting that world leaders have announced this commitment to global clean energy innovation at the same time that business leaders have formed the Breakthrough Energy Coalition, which will enable private investors to help shoulder the risk burden that energy innovators often face. These complementary announcements reflect the fact that developing clean energy technologies and stemming the impacts of climate change will require continued partnerships between the public and private sectors.

“In this same collaborative spirit, earlier this year I introduced two bipartisan proposals, the Energy COMPETES Act and the America INNOVATES Act, which together will authorize an increase in federal investments in clean energy research and strengthen the pipeline that brings groundbreaking research in our national laboratories to innovative businesses across the United States. Mission Innovation and the Breakthrough Energy Coalition are built on the same basic understanding on which Energy COMPETES and America INNOVATES are based: our nation is stronger when public and private sector leaders are working together.

“While today’s announcements will not singlehandedly address the crisis of climate change, they represent a positive start to the two-week United Nations conference. I look forward to joining the negotiators in Paris on Friday to help ensure that the United States continues to lead by example when it comes to making public investments in clean energy research and development.”

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Senators Carper, Coons, Rep. Carney announce USDA-RD $500k grant for City of New Castle filtration system

New Castle, Del. – U.S. Senators Tom Carper, Chris Coons (D-Del.) and Congressman John Carney announced today the City of New Castle was awarded a United States Department of Agriculture Rural Development grant for $500,000 to install filtration equipment to the water system for the towns drinking water. The grant money was awarded this summer and work on the new filtration system was completed earlier this week. This new system removes Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) contaminants.

The “Emergency Community Water Assistance Grant” came just in time as Municipal Commission Services of New Castle had to temporarily shut down the wells due to the high level of these contaminants. This new filtration system will supplant the temporary resolution of renting filtration equipment that has been in place for one year. The City of New Castle is located in a rural area, with a population of 5,285.

This award through the “Emergency Community Water Assistance Grant Program” is only the second time in Delaware that this program has been utilized. The first time was in 2001 for the Town of Selbyville when two of three wells were out of service.

It is not often that Rural Development programs are utilized in New Castle County. Over the last decade in New Castle County, USDA Rural Development has provided more than $234 million in funding; this represents approximately 18% of the overall funding provided to DE during the same time period.

Funding has gone to housing ($209 million with 95% for homeownership loans through the Single Family Housing Guaranteed Program), utilities ($3.9 million with City of New Castle Water Grant and water extension project North of Duck Creek Smyrna), community facilities ($19 million), business ($1.9 million  with First State Community Loan Fund, based in Wilmington received the bulk of this funding to assist with micro-loans for small businesses in each of the counties).

Some of the larger community facilities projects that USDA-RD have assisted in New Castle County include MOT Charter School, the C&D Canal trailhead connector and repairs to the DE City Library.

“When a community is in need, it can take a joint effort to remediate the problem,” said Sen. Carper. “USDA Rural Development stepped in and provided nearly half the cost to provide safe water again to the residents of New Castle. You don’t often see USDA Rural Development’s footprint up here in New Castle County, but they have helped schools and local municipalities meet their urgent needs. Down in Kent and Sussex, they have provided loans and grants to schools, city and police buildings, daycares and more. USDA Rural Development is a great example of using tax dollars to help the citizens and parts of our state and country that need it the most.”

“Clean drinking water is a basic necessity of life,” said Sen. Coons. “The news of a new filtration system for New Castle’s 5,000 plus residents and businesses is welcome news. Thank you to the quick work State of Delaware’s Health and Social Service for discovering the dangerous chemicals in the well water and thanks to USDA-RD, the town’s residents are back to clean drinking water.”

“Access to safe drinking water is one of the building blocks of a community,” said Congressman Carney.  “It impacts every resident and business in the area.  New Castle’s new water filtration system supports 5,000 Delawareans, and ensures that they can continue to live healthy lives.  I’m thankful for the USDA’s $500,000 investment, as well as the state and local partners who worked together to get this project done.”

“Clean, safe and reliable water is essential for any community to thrive and grow,” said State Director McGowan. “USDA Rural Development builds or improves water systems for communities that do not have the financial resources to afford expensive, vital infrastructure and for those that have urgent health and safety concerns with their local water resources.”

Carper, Coons Urge Republican Leaders to Act Swiftly on Legislation to Stop Terrorists from Buying Firearms, Explosives

WASHINGTON – Today, U.S. Senators Tom Carper and Chris Coons (both D-Del.) joined in sending a letter to Senate Majority Leader Mitch McConnell and Speaker Paul Ryan urging them to act swiftly to schedule votes on legislation that would prohibit individuals on the Federal Terrorist Watchlist from purchasing firearms and explosives.

The Denying Firearms and Explosives to Dangerous Terrorists Act of 2015 would grant authority to the U.S. Attorney General to deny a known or reasonably suspected terrorist from purchasing firearms or explosives, while protecting legitimate gun owners’ rights to acquire firearms or explosives. Under current law, a person known or reasonably suspected of being involved in terrorist activity can purchase firearms, including assault-style rifles, and explosives.

The Government Accountability Office (GAO) found that between 2004 and 2014, suspected terrorists attempted to exploit this loophole and purchase guns at least 2,233 times, succeeding in 2,043 of those instances, or 91 percent of the time.

“In light of the horrific terrorist attacks in Paris, the need to pass such legislation is more imperative than ever so that the United States can address a serious national security and public safety weakness: the terrorist background check loophole that allows suspected terrorist to swiftly pass a background check and obtain a dangerous weapon,” the Senators wrote. “There is no reason why suspected terrorists who we consider too dangerous to board airplanes should be able to walk into any gun store in the United States and purchase a firearm or an explosive for the purpose of carrying out a terrorist act.”

The Denying Firearms and Explosives to Dangerous Terrorists Act of 2015 would:

  • Allow the attorney general to deny the purchase or transfer of a firearm or explosive to a known or suspected terrorist if the prospective recipient may use the firearm or explosive in connection with terrorism.
  • Maintain protections in current law that allow a person who believes he has been mistakenly prevented from buying a firearm to learn of the reason for the denial, and then to challenge the denial, first administratively with the Department of Justice, and then through a lawsuit against the Justice Department.
  • Allow the Justice Department, in any administrative or court proceeding challenging the accuracy of a denied firearm or explosive transfer under the bill, to protect information that, if disclosed, would compromise national security.

The full text of the Senate Democrats’ letter is below

Dear Leader McConnell and Speaker Ryan,

We write to urge you to quickly bring S. 551/H.R. 1076, the “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” to the Senate and House Floor for consideration and a vote.

In light of the horrific terrorist attacks in Paris, the need to pass such legislation is more imperative than ever so that the United States can address a serious national security and public safety weakness: the terrorist background check loophole that allows suspected terrorist to swiftly pass a background check and obtain a dangerous weapon.

There is no reason why suspected terrorists who we consider too dangerous to board airplanes should be able to walk into any gun store in the United States and purchase a firearm or an explosive for the purpose of carrying out a terrorist act.  But today, suspected terrorists can legally purchase guns in the United States—and they’re doing so, even while law enforcement may be investigating them or pursuing their arrest or indictment. 

According to a Government Accountability Office letter, between February 2004 and December 2014, individuals on the federal terrorist watchlist tried to buy or obtain a firearm or explosive license or permit at least 2,233 times. 

In 2,043 of those cases (91 percent of the time), the individuals successfully passed the background checks and were able to purchase the weapons or explosives.  In 2013 and 2014, FBI data showed that individuals on the terrorist watchlist were involved in firearm-related background checks 485 times, and 455 of those (about 94%) were allowed to proceed. 

When over 90 percent of those on the terrorist watchlist who try to pass a background check succeed, it is absolutely clear we have a major vulnerability that could lead to deadly terrorist attacks.

Indeed, the Washington Post reports that since March 2014, U.S. authorities have charged 66 men and women around the country with alleged ISIL activities, and that according to the FBI, in a handful of those cases, it has disrupted terrorism plots targeting U.S. military or law enforcement personnel. 

The “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” will make our communities safer, including U.S. military and law enforcement personnel.  It will prevent hundreds of gun purchases by suspected terrorists each year.  Specifically the bill would allow the Attorney General to deny the transfer of firearms or the issuance of firearms and explosives licenses to suspected terrorists if it is reasonably believed those individuals may use firearms or explosives in connection with an act of terrorism.

Importantly, the “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” provides important safeguards to protect a legitimate gun owner’s right to acquire firearms or explosives. 

The need to close the terrorist background check loophole should not be a partisan issue.  The “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” has received support from members of Congress in both parties.  It is also supported by law enforcement and a broad cross-section of Americans.  This and similar proposals have received support from both Republican and Democratic administrations, including the Justice Department under President George W. Bush.

We urge you to quickly bring the “Denying Firearms and Explosives to Dangerous Terrorists Act of 2015” to the Senate and House floor for a vote.  Republicans and Democrats alike—should have the opportunity to do their part to keep our country safe by ensuring terrorists cannot obtain firearms and explosives. 

By passing the bill we could save American lives and help prevent terrorists from obtaining dangerous weapons.

Sincerely,

Carper, Coons Urge White House to Take Executive Action to Reduce Gun Violence

WASHINGTON – Today, U.S. Senators Tom Carper and Chris Coons (both D-Del.) joined a group of 22 Senate Democrats led by Senators Chris Murphy and Richard Blumenthal (both D-Conn.) to call on on President Barack Obama to investigate and pursue all possible options under his executive authority to reduce gun violence. In a letter to the President, the senators specially urged him to eliminate a loophole that currently allows individuals without a federal license to conduct high volumes of gun sales at gun shows, over the internet, and elsewhere, all without conducting background checks. U.S. Rep. Mike Thompson (CA-5), Chair of the House Gun Violence Prevention Task Force, today sent a similar letter signed by 114 of his colleagues in the House. 

“We stand with you determined to take action to reduce the terrible epidemic of gun violence plaguing this nation.  All across the country, communities are ravaged and lives are senselessly cut short by gun violence. Following yet another horrific mass shooting in Roseburg, Oregon, it is unthinkable that our country can continue to turn a blind eye to these tragedies,” the Senators wrote. “We urge you to address an aspect of the high-volume gun seller loophole that allows guns to be sold without a background check by eliminating the ambiguity surrounding the term ‘engaged in the business’ as it pertains to federally licensed firearms dealers.”

“Updating the definition of ‘engaged in the business’ to provide more explicit guidance as to which gun sellers are required to obtain a federal firearms license would…help ensure that individuals are not able to continue to exploit ambiguity in the current regulation and sell guns at a high volume without any oversight by ATF and without conducting background checks… This change would be a positive step forward in achieving universal background checks, a policy change that roughly 90 percent of Americans support.  It would help ensure that those clearly holding themselves out as gun dealers are held to the same standard as the thousands of responsible gun dealers already licensed with ATF across the country,” the Senators continued.

Along with Senators Murphy and Blumenthal, Senators Carper and Coons were joined by Senators Tammy Baldwin (D-Wis.), Cory A. Booker (D-N.J.), Barbara Boxer (D-Calif.), Sherrod Brown (D-Ohio), Benjamin L. Cardin (D-Md.), Richard Durbin (D-Ill.), Dianne Feinstein (D-Calif.), Al Franken (D-Minn.), Kirsten Gillibrand (D-N.Y.), Mazie K. Hirono (D-Hawaii), Tim Kaine (D-Va.), Edward J. Markey (D-Mass.), Robert Menendez (D-N.J.), Barbara A. Mikulski (D-Md.), Patty Murray (D-Wash.), Jack Reed (D-R.I.), Brian Schatz (D-Hawaii), Charles E Schumer (D-N.Y.), Elizabeth Warren (D-Mass.), and Sheldon Whitehouse (D-R.I.).

Read the full text of the letter online or below: 

President Barack Obama

The White House

1600 Pennsylvania Avenue, NW               

Washington, DC 20500

Mr. President: 

We stand with you determined to take action to reduce the terrible epidemic of gun violence plaguing this nation.  All across the country, communities are ravaged and lives are senselessly cut short by gun violence. Following yet another horrific mass shooting in Roseburg, Oregon, it is unthinkable that our country can continue to turn a blind eye to these tragedies.

We will continue to make every effort to build support for and demand a vote on legislation to improve background checks, close loopholes, and shut down the illegal pipeline of guns. We will not give up the fight to improve our nation’s gun laws to reflect the broad agreement of gun owners and non-gun owners who want Congress to act to halt gun violence.

We ask you, concurrently, to investigate and pursue all available options under your executive authority to reduce gun violence.  Specifically, your administration could take an immediate step that would have an important impact on limiting gun violence. We urge you to address an aspect of the high-volume gun seller loophole that allows guns to be sold without a background check by eliminating the ambiguity surrounding the term “engaged in the business” as it pertains to federally licensed firearms dealers. 

Under current law, only licensed gun dealers are required to perform background checks for all gun sales, and only those individuals deemed to be “engaged in the business” of dealing in guns are required to obtain a license from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  However, the regulatory definition of “engaged in the business,” needs clarification. Currently, individuals are able to sell guns at a high volume at gun shows, over the internet, or elsewhere without ever becoming licensed and, in turn, without being compelled to conduct a simple background check before completing a sale. 

Updating the definition of “engaged in the business” to provide more explicit guidance as to which gun sellers are required to obtain a federal firearms license would not impact a father giving a gun to his son, or an individual selling his gun on the internet. But it will help ensure that individuals are not able to continue to exploit ambiguity in the current regulation and sell guns at a high volume without any oversight by ATF and without conducting background checks. This type of action is not without precedent, as many states have provided this type of explicit guidance regarding which vendors engaged in retail sales in the state are required to collect state sales tax. This change would be a positive step forward in achieving universal background checks, a policy change that roughly 90 percent of Americans support.  It would help ensure that those clearly holding themselves out as gun dealers are held to the same standard as the thousands of responsible gun dealers already licensed with ATF across the country. 

Thank you for your continued efforts to reduce gun violence and for your consideration of executive action that could save lives. We look forward to continuing to work together to prevent gun violence. 

Sincerely, 

Senator Coons warns against beer merger that could hurt Delaware craft brewers, consumers

WASHINGTON – Concerned that a proposed merger between the parent companies of Anheuser-Busch and Miller, the world’s two largest beer companies, could harm craft brewers in Delaware and across the country, U.S. Senator Chris Coons (D-Del.) urged the U.S. Department of Justice to investigate whether the potential merger could allow the beer giants to squeeze craft brewers out of the market.  Senator Coons, along with a bipartisan group of his colleagues, is concerned about the possibility of larger beer companies pressuring beer distributers to favor their products, creating an unfair advantage for beer giants and limiting the ability of consumers to find craft brewers’ products in the stores, bars, and restaurants where they dine and shop.

Yesterday, Senator Coons and a bipartisan group of Senators wrote to U.S. Attorney General Loretta Lynch to urge the U.S. Department of Justice to protect craft brewers across America from potentially unfair and illegal trade practices on the part of larger beer companies.

“The past decade has seen a dramatic change in the American beer industry, which was long dominated by a small number of products from large brewers such as AB InBev and SABMiller. Craft beer now drives expansion of domestic beer sales.  Small and independent craft breweries exist in all 50 states and the District of Columbia,” the Senators said. “As members with robust craft brewing industries in our states, we ask that you take the necessary steps to ensure that AB InBev’s purchase of SABMiller does not allow the new combined company to squeeze out America’s craft brewing industry, stifle innovation, further constrain beer distribution to U.S. retailers, or create further barriers to entry. Large multinational brewers should not be allowed to use their market power to limit consumer choice and access to small innovative breweries. Put simply, we believe craft brewers must be able to conduct their business without being denied access to necessary raw materials and distribution companies.”

The Senators particularly expressed concern about the potential for anti-competitive distribution practices to grow as the largest beer companies get even larger through mergers. On October 16, 2015, AB InBev’s, the world’s largest beer conglomerate, announced its intention to purchase SABMiller, the second-largest. The Senators raise concerns that AB InBev may try to use the acquisition to increase its already dominant market position, possibly by constraining distribution channels in order to crowd out smaller beer companies. Some reports have already suggested that the company uses its large market share to put pressure on distributors to favor AB InBev products, which could potentially be deemed an exclusionary and illegal practice.

The Senators also highlight the dramatic growth of small and independent craft breweries, noting that since 2011, the number of craft breweries in America has more than doubled from 1,776 to 3,739. Small and independent craft brewers contribute some $55.7 billion to the U.S. economy and support more than 424,000 jobs. 

The letter was also signed by Senators Angus King (I-Maine), Jeff Merkley (D-Ore.), Susan Collins (R-Maine), and Richard Blumenthal (D-Conn.). The letter is available HERE and the full text is below:

+++

The Honorable Loretta E. Lynch

Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

 

Dear Attorney General Lynch:

We write because our offices have been made aware of potentially unfair and illegal trade practices that may harm the ability of craft brewers in our states to compete on a fair and level playing field with large brewers.  We are particularly concerned about large commercial beer companies attempting to gain market share by either purchasing distributors or pressuring independent distributors to favor their products.  We understand the Department of Justice (DOJ) is investigating some of these practices and we want to express our support for that investigation.  We also hope the Department keeps these concerns in mind as the Antitrust Division reviews AB InBev’s purchase of SABMiller.  

The past decade has seen a dramatic change in the American beer industry, which was long dominated by a small number of products from large brewers such as AB InBev and SABMiller. Craft beer now drives expansion of domestic beer sales. Small and independent craft breweries exist in all 50 states and the District of Columbia.  They have expanded at a staggering rate: since 2011, the number of craft breweries has more than doubled, going from 1,776 to 3,739.  Small and independent craft brewers contribute some $55.7 billion to the U.S. economy and support more than 424,000 jobs. 

Large brewers have taken notice and have taken actions that we believe may amount to exclusive dealing and other violations of antitrust law. For instance, while many craft brewers lawfully and successfully distribute beer in their local markets, the recent purchases of craft breweries and distributors by AB InBev suggests a dangerous plan to constrain distribution channels to the detriment of its competitors.  Because of consolidation by distributors, there are now far fewer distribution channels for craft brewers.  The purchase by AB InBev of one of the two distributors that deliver the vast majority of beer in a given territory effectively either forces other brewers out of that distribution channel or places those that stay in the uncomfortable situation of being distributed by their largest competitor.  Reports also suggest that, in markets where two independent full-service distributors exist, AB InBev puts pressure on the distributors to favor AB InBev products—a practice that could well be deemed exclusionary and illegal. 

Given these concerns, AB InBev’s October 16 announcement of its intention to purchase SABMiller should raise significant red flags.  As members with robust craft brewing industries in our states, we ask that you take the necessary steps to ensure that AB InBev’s purchase of SABMiller does not allow the new combined company to squeeze out America’s craft brewing industry, stifle innovation, further constrain beer distribution to U.S. retailers, or create further barriers to entry. 

While AB InBev announced plans to divest itself of SABMiller’s U.S. assets as part of such a transaction, DOJ should vigorously scrutinize the acquisition and any divestiture plan to ensure that AB InBev does not increase its already-dominant market position through the transaction.  Moreover, even if the transaction does not result in an increase in AB InBev’s market share in the U.S., DOJ should carefully consider how global consolidation could impact the market for hops, barley, wheat, bottles, cans and other supplies needed by craft brewers.  In addition, we hope DOJ will probe how each of these companies has acted with regard to distributors and investigate whether distributors owned by these companies also need to be divested. 

Large multinational brewers should not be allowed to use their market power to limit consumer choice and access to small innovative breweries.  Put simply, we believe craft brewers must be able to conduct their business without being denied access to necessary raw materials and distribution companies.

We appreciate your prompt attention to our letter and urge the Department to appropriately vet the AB InBev purchase of SABMiller and ensure that we maintain a market that does not disproportionately harm beer consumers and the craft brewing industry. We hope you will continue investigating our concerns and conduct additional outreach with craft brewers to gather evidence from their experiences.  We look forward to hearing your findings.