Statement from Senator Coons on votes against Constitutional amendments

WASHINGTON – U.S. Senator Chris Coons (D-Del.) today released the following statement on his votes against two proposed amendments to the Constitution mandating balanced budgets:

“As we move to confront the staggering federal deficits that threaten our nation’s long-term economic security, Congress should aggressively pursue responsible, balanced budgets. The McConnell/Hatch balanced budget amendment, however, which I voted against today, was dangerous. It would compel radical and crushing cuts to Medicare, Medicaid, and Social Security on which millions of Americans rely. Congress should not be hamstrung from ensuring all Americans can pay their fair share, nor should Congress be prevented from implementing more responsible entitlement reforms that would avoid the sudden and massive cuts to Medicare and Medicaid that would certainly be caused by this amendment. The McConnell/Hatch amendment was also impractical, threatening to cripple Congress’ ability to govern and preventing Congress from being able to make timely, important budgeting decisions that respond to current economic conditions and national priorities.

“As someone who worked hard to balance five budgets while county executive, I appreciate the value of a balanced-budget requirement and have carefully considered a variety of balanced budget amendment proposals. Although I believe the second proposed balanced budget amendment we voted on today was considerably more constructive than the McConnell/Hatch amendment, it lacked several important safeguards. Chief among them is the creation of a special account — a ‘rainy day fund’ similar to the one in place in several states, including Delaware — that would ensure that a sudden economic downturn would not prevent our government from fulfilling its immediate and still important commitments to the American people. Separating the federal capital budget from the operating budget, as Congressman Carney’s proposed amendment does, is also an important idea worthy of inclusion. It also lacked specific and practical enforcement mechanisms for ensuring responsible implementation, and federal judges ordering Congress to make cuts is not a better solution than Congress responsibly sharing in the sacrifice, as it has shown itself capable of in the past.

“Before we consider amending the Constitution, I urge my colleagues to make every effort to reduce our federal deficits and curb our national debt through deliberate, responsible legislative actions. I believe there is still much more we can and should do to live within our means before we consider amending the Constitution.”

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In colloquy, Senators Carper and Coons celebrate Delaware Day

WASHINGTON – U.S. Senators Tom Carper and Chris Coons (both D-Del.) spoke on the Senate floor on Wednesday to commemorate Delaware Day.  Since 1933, governors of Delaware have proclaimed December 7 as “Delaware Day” in honor of that day in 1787, when Delaware became the first state to ratify the U.S. Constitution, making Delaware the first state in the new nation.

– As Delivered on December 7, 2011 –

SENATOR CARPER: Mr. President, today is Delaware Day. Something important for our state and our nation occurred on December 7, 1787. Senator Coons is here. I ask him to take a moment and maybe share with our colleagues what that was all about. Senator Harkin was kind enough to give us a couple of minutes on his time to do this. Senator Coons, what did happen there at that Golden Fleece Tavern?

SENATOR COONS: Senator Carper, thank you for entering into this colloquy about Delaware Day. As some folks may know, if you look at the Delaware flag, as the Senator mentioned, there is the date, December 7, 1787. That is the day that 30 Delawareans, elected delegates, gathered at the Golden Fleece Tavern in Dover and voted unanimously to make Delaware the first State to ratify the U.S. Constitution. That is why our State moniker is—

SENATOR CARPER: The First State.

SENATOR COONS: The First State.

SENATOR CARPER: Small Wonder. The guys who were there that day – about 30 of them – I would like to say they were drinking hot chocolate at the Golden Fleece Tavern.  I am not sure what they were drinking, but the outcome was a good one. For one whole week after that, Delaware was the entire United States of America. Who was next, Pennsylvania? Maybe Pennsylvania, maybe New Jersey. Then the rest followed and I think, for the most part, it turned out pretty well.

SENATOR COONS: And Senator, one of the things I have always been struck by is that it was 11 years before that that Delaware actually, on Separation Day, on June 15 of 1776, acted both to declare its independence from Pennsylvania and its independence from the King of England, and by doing so acted in an incredibly risky way, because had the Continental Congress on July 4 not chosen to ratify the Declaration of Independence, then Delaware would have stood alone, and arguably, hung alone for having taken the risk for stepping out first.

Delaware has a tradition of being first—first in declaring its independence and acting to secure its independence, and in ratifying the Constitution, that set the whole structure that ended the debate over the Articles of Confederation and moved toward the federal system, one where we look to each other as states and look to this government for the provision of and the securing of our liberty through the balance of justice and liberty that we rely on so much in this body. What else are we doing to celebrate this great day, Senator Carper?

SENATOR CARPER:  The Constitution that was ratified that day—the thing about it is that it is the most enduring Constitution of any nation on Earth, the most copied or emulated Constitution of any nation on Earth as well, and a living document that provides provisions for us to change and update as time goes by. It is remarkable, and we are very proud of the role we played in getting the ball rolling in this great country of ours.

I want to go back to July 1776, if I can. Not far away from the Golden Fleece Tavern, there was a guy named Caesar Rodney, who rode his horse. Do you want to quickly share that story?

SENATOR COONS: That made it possible for our delegation to be represented in Philadelphia and for us to commit to the Declaration of Independence by breaking a tie between the other representatives of Delaware in the Continental Congress.

SENATOR CARPER: If you look at the back of the Delaware coin, you might say why is Paul Revere on the back of that coin? Well, that is not Paul Revere, that is Caesar Rodney riding the horse from Dover to Philadelphia. For people who are familiar with Dover Air Force Base, where big planes come in—the C-5s and C-17s that fly all over the world—as you come in on the approach, the runway heading north-northeast to land, you fly over an old plantation house where a guy named John Dickinson used to live. There is a John Dickinson high school in Delaware, which was named after him. He was also a guy who was involved in the Constitutional Congress and also involved in the Declaration of Independence, and the penman of the Revolution. So if you think about it, there at the Golden Fleece Tavern, the Constitution was ratified. Caesar Rodney, from Dover, departing from not far from there, casts the tie-breaking vote for the Declaration of Independence, and the penman of the Revolution, growing up in what is now the Dickinson plantation. There is a lot of history right there, especially for a state that doesn’t have a national park.

SENATOR COONS: Although we have a senior Senator who is tireless in his effective advocacy of our state.

SENATOR CARPER: Maybe we can do something about that with the Senator’s help and that of Congressman Carney, and our colleagues in the Senate and the House—and maybe including the presiding officer from North Carolina. Believe it or not, the economic value of national parks is actually charged for every one of our states.

The most visited sites in the United States among tourists from foreign countries are our national parks. The economic value to the state of North Carolina—I was told last year—from their national parks was $700 million. Not bad.

SENATOR COONS: If I might, just later today, we are having our first Delaware Day reception here in one of the Senate buildings. It is a way for us to promote and celebrate what is great about Delaware.

One of the things I treasure most about Delaware is our unique political culture—a culture that focuses on consensus, on reasoned compromise, on bringing folks together from across what is, in some other places, a sharp partisan divide to find reasonable, principled paths forward to tackling the challenges that face our state. It is that consensus, commonsense approach that I know my senior Senator brought to his two terms as Governor and has brought to the Senate. Our Congressman, who was on national television this morning with a Republican cosponsor of an initiative, has also made that a hallmark of his tenure. I know our Governor has as well.

I wanted to suggest that one of the things that makes Delaware unique, special, valued, and first isn’t just our agricultural products, it isn’t just our great and enjoyable food products, and it isn’t just our unique history in the beginning of our country but it is also how we continue to find ways to build bridges across the divide that so many Americans watch us here in the Congress wrestling with at this moment and that I think, in our home state, we have managed to find a good path forward.

SENATOR CARPER: Madam President, we call this the Delaware Way. As my colleague from Delaware knows, whenever I run into people who have been married a long time—50, 60, 70 years—I ask them what is the secret to being married so many years. They give some funny answers, but they also give some very pointed answers. One of the best answers I have heard—and I hear it over and over—as the reason why they have been married such a long time is because of the two Cs. I say: What are the two Cs? They say, “communicate and compromise.”

I would suggest that is what we do pretty well in our state. It is not only good advice for creating an enduring marriage, but it would also be good advice for us in this body, in this town, to do a better job—both parties—to communicate and compromise. We show, I think every day, in our state, if we do those things, take that seriously, the result is pretty good. We could get a better result here if we keep that in mind.

With that, I think we have said our piece. It is Delaware Day, one more time, and may the spirit of Delaware and the Delaware Way permeate this place as well.

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Senate makes progress on two bills to combat dangerous intellectual property theft

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, today applauded progress on two measures to help combat the theft of intellectual property, which not only costs American jobs, but threatens the safety and wellbeing of consumers. The first bill, the bipartisan Economic Espionage Penalty Enhancement Act (S. 678), would increase the maximum penalties for theft of a trade secret to benefit a foreign company or government. The second bill, the bipartisan Counterfeit Drug Penalty Enhancement Act (S. 1886), would increase the maximum penalties for trafficking in counterfeit pharmaceuticals.  Senator Coons is a cosponsor of both measures, which were approved by the Senate Judiciary Committee Thursday morning.

“Individuals who steal ideas from American companies are stealing more than just intellectual property — they are stealing jobs, and when pharmaceuticals are involved, they are putting lives at risk,” Senator Coons said. “This country cannot afford to let the rampant intellectual property theft underway now to continue to go unchecked. Trade secrets — whether in the form of ideas, schematics, or formulas — are critical to American companies and especially to American manufacturers. As a nation we haven’t done enough to protect the ideas on which our economy depends, but these measures will help change that. I’m glad the Senate Judiciary Committee today overwhelmingly approved the Counterfeit Drug Penalty Enhancement Act and the Economic Espionage Penalty Enhancement Act. ”

This Counterfeit Drug Penalty Enhancement Act will raise the maximum sentences for offenses related to counterfeit pharmaceuticals from 10 years to 20 years. In addition, the bill also directs the Sentencing Commission to study and consider increasing the guidelines for these crimes still further.

The Economic Espionage Penalty Enhancement Act would increase the maximum sentence for economic espionage – defined as trade secret theft to benefit a foreign government – from 15 years to 20 years and direct the Sentencing Commission to consider increasing the penalty range for industrial espionage – defined as trade secret theft to benefit a foreign individual or corporation. The measures in S. 678 were recommended to Congress by the U.S. Intellectual Property Enforcement Coordinator, in conjunction with the Departments of Commerce, Homeland Security, Justice and State, and the U.S. Trade Representative. 

In 1996, Congress enacted the Economic Espionage Act, making it a federal crime to steal a trade secret.  Nearly 15 years later, trade secret theft has grown and evolved and economic espionage continue to pose a threat to U.S. companies. 

U.S. companies lose billions of dollars each year to criminals who steal their ideas, formulas, designs and other proprietary information.  Just last year, a Chinese national working for Ford manufacturer was convicted of stealing trade secrets for a Chinese competitor.  His actions were estimated to have cost the American company between $50 and $100 million.  The chief executive of GM recently said that industrial espionage is a major threat to the company and that he worries about it “every day.” 

In September of this year, DuPont won a $920 million verdict against a Korean company that had underwritten the theft of trade secrets behind DuPont’s next-generation Kevlar Fiber.  In 2009, paint company Valspar suffered a $20 million loss when its proprietary paint formulas were stolen.  This sum represented about one-eighth of its profits that year.

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Senator Coons calls on Carrier IQ to explain secret smartphone app caught logging users’ private information

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, wrote to the president of Carrier IQ on Monday seeking answers about software found embedded on a variety of smartphone devices that appears capable of recording users’ keystroke and location information and transmitting it back to the California-based company.

In his letter, Senator Coons supplemented questions posed earlier by Senators Al Franken (D-Minn.) and Richard Blumenthal (D-Conn.) with additional questions aimed at determining why Carrier IQ’s software was capable of collecting personal and usage information that was not being transmitted.

“A latent capacity to log keystrokes or track location may provide a backdoor that an individual or organization could exploit. If your company never intended to collect or make use of this information, I wonder why your company would have included the capacity to log it.”

Earlier this year, Senator Coons and Senator Franken teamed up to convince OnStar to reverse its decision to track the locations of its customers and potentially sell that information to third parties even after those customers have terminated their service plans with the company. Senator Coons also cosponsored the Location Privacy Protection Act — introduced by Senator Franken — which would require companies like OnStar to obtain their customers’ explicit permission before tracking their location information or sharing that information with third parties.

Senator Coons is a member of the Senate Judiciary Committee, which has jurisdiction over laws relating to the use and distribution of consumer information by businesses. He firmly believes that strong consumer data privacy is not only an issue of civil liberty, but also commercial necessity. American companies must be able to earn the trust of the consumers whose information they collect and store or risk consumer revolt and, ultimately, non-competitiveness in the market. 

The text of the letter to Carrier IQ follows:

December 5, 2011

Mr. Larry Lenhart

President and CEO

Carrier IQ

1200 Villa Street, Suite 200

Mountain View, CA 94041

Dear Mr. Lenhart,

As a member of the Senate Judiciary Committee, part of my job as a Senator is to be mindful of how increasingly powerful and integral technology affects our commonly held notions of privacy and susceptibility to risks posed by others. 

I was, therefore, deeply concerned to read recent reports surrounding your company’s IRQD software, which apparently has the capability to log keystroke and location information from users’ smartphones.  You have already received letters from at least two of my Judiciary Committee colleagues, Privacy Subcommittee Chairman Al Franken and Subcommittee member Richard Blumenthal.  I would like to effectively cosign these letters, which constitute part of our Committee’s continuing oversight work into the effects of technological innovations on the privacy rights of our citizens, and add several of my own questions.

I am aware of your company’s public statements, which seem to indicate that the keystroke logging and location tracking capabilities of your IRQD software have not been used to transmit data to your company.  I sincerely hope that these assertions prove to be accurate, as collection of this data without consent would most likely constitute a violation of the Electronic Communications Privacy Act and/or the Computer Fraud and Abuse Act.

Even if accurate, however, I remain concerned about the potential for abuse of the capabilities of your company’s software.  A latent capacity to log keystrokes or track location may provide a backdoor that an individual or organization could exploit.  As users are beginning to become more aware of the ability of carriers to track the location of handsets and non-content information regarding usage, the ability of a third party to log keystroke activity would represent a novel threat to privacy.  If your company never intended to collect or make use of this information, I wonder why your company would have included the capacity to log it.

I want to better understand this situation and, in the interest offering your company an opportunity to better inform the public debate of this technology, I request that you respond to the following additional questions:

• Is Carrier IQ capable of obtaining, either through existing software or through software your engineers are reasonably capable of developing:
  • Keystrokes?
  • Location?
  • The content of emails sent or received?
  • The content of SMS texts sent or received?
  • Websites visited?
  • Information entered into online forms?
• Does your answer to any of the above questions depend on:
  • Whether the user is operating through a secure server or application?
  • The platform (Android, Palm, BlackBerry, iOS, etc.) of the end user’s device?  If so, why do the capabilities of the software vary by platform?
• What steps has your company taken to assure that third parties cannot access the information that your software is capable of logging?  Can you provide assurances that these steps have been completely successful?

I appreciate your prompt attention to these questions.

Sincerely,

 Christopher A. Coons

 United States Senate

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Senator Coons praises President Obama for standing up for LGBT rights around the world

WASHINGTON – U.S. Senator Chris Coons (D-Del.), chairman of the Senate Foreign Relations Subcommittee on African Affairs and a strong advocate for lesbian, gay, bisexual and transgender (LGBT) equality, today praised President Obama’s new directives to federal agencies to ensure U.S. diplomatic and foreign-assistance efforts promote and protect the human rights of LGBT people. He released the following statement:

“LGBT rights are human rights, whether a person lives in the United States or abroad. America’s foreign policy can and should be led by its values, and protecting the basic human rights of all persons, regardless of their sexual orientation or gender identity is certainly one of them. President Obama has taken a strong stand today, making sure our policy matches our rhetoric. The targeting of individuals for criminal action based on sexual orientation and gender identity is unacceptable. The strategy the President laid out today confronts discrimination and human rights abuses against LGBT persons at multiple levels, strengthening the United States’ posture and making clear to nations that look to the U.S. for leadership and support that we are not going to stand for the reprehensible anti-LGBT policies emerging especially in developing nations.

“The United States’ diplomatic and development efforts play an important role in shaping the world. It’s not enough just to say that human rights shouldn’t be denied based on sexual orientation or identity — we must make sure our policies live up to our principles. I strongly support President Obama’s actions today, and look forward to working with the Administration to monitor their implementation.”

As chair of the Senate Foreign Relations Subcommittee on African Affairs, Senator Coons has repeatedly called on African leaders to abandon efforts to criminalize homosexuality, including Uganda’s anti-homosexuality bill in May, and the Nigerian Senate’s criminalization bill last month.

Senators support improving U.S. capacity to prevent and respond to mass atrocities

WASHINGTON – In a letter sent Friday to President Obama, a bipartisan group of 29 senators led by Senators Chris Coons (D-Del.) and Susan Collins (R-Maine) expressed support for developing the necessary tools to successfully avert mass atrocities and prevent conditions that can lead to violence against innocent civilians.  The letter welcomed recent steps taken by the Obama Administration on the issue, and urged the Administration to work closely with Congress to improve the United States’ ability to anticipate, prevent, and respond to genocide and other mass atrocities around the world.

The letter reiterated the provisions of Senate Concurrent Resolution 71, which passed unanimously last year, recognizing that it is in the United States’ national interest to prevent and mitigate acts of genocide and other mass atrocitiesagainst civilians.  It also expressed appreciation for recent steps taken by the Obama Administration to develop a whole-of-government approach to prevent such actions including the Presidential Study Directive 10 (PSD-10), the creation of a National Security Staff Director focused on the prevention of war crimes and atrocities, the creation of an Atrocities Prevention Board, and the mandate for an interagency study to inform the work of the Board. 

“As Members of the Senate committed to the protection of human rights, we believe the prevention of genocide and mass atrocities should continue to be a priority of U.S. foreign policy,” the senators wrote. “In order to fulfill the promise to stop genocide, we must develop the necessary tools to successfully avert mass atrocities and prevent the conditions that can lead to violence against innocent civilians.”

“We are particularly interested in establishing coordinating mechanisms between Congress and the Atrocities Prevention Board and working with your Administration to consider a whole-of-government approach to atrocities prevention.  We stand ready to partner with you in the Senate to continue to improve U.S. capacity to anticipate, prevent, and respond to genocide and other mass atrocities.”

Signers include Senators Coons and Collins, Ron Wyden (D-Ore.), Bob Casey (D-Pa.), Mark Kirk (R-Ill.), Patty Murray (D-Wash.), Dick Durbin (D-Ill.), Michael Bennet (D-Col.), Olympia Snowe (R-Maine), Tom Udall (D-N.M.), Ben Cardin (D-Md.), Dianne Feinstein (D-Calif.), Roy Blunt (R-Mo.), Bob Menendez (D-N.J.), Joe Lieberman (I-Conn.), Frank Lautenburg (D-N.J.), Lisa Murkowski (R-Alaska), Carl Levin (D-Mich.), Jeff Merkley (D-Ore.), Barbara Boxer (D-Calif.), Amy Klobuchar (D-Minn.), Richard Blumenthal (D-Conn.), Sherrod Brown (D-Ohio), Johnny Isakson (R-Ga.), Al Franken (D-Minn.), Debbie Stabenow (D-Mich.), Mark Begich (D-Alaska), and Scott Brown (R-Mass.).

The text of the letter is below:

December 1, 2011

President Barack Obama

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Dear Mr. President,

As Members of the Senate committed to the protection of human rights, we believe the prevention of genocide and mass atrocities should continue to be a priority of U.S. foreign policy.  In order to fulfill the promise tostop genocide, we must develop the necessary tools to successfully avert mass atrocities and prevent the conditions that can lead to violence against innocent civilians. 

Last year, the Senate unanimously voted to pass S. Con. Res. 71, a bipartisan resolution recognizing that it is in the U.S. national interest to prevent and mitigate acts of genocide and other mass atrocities against civilians.  It encouraged efforts to develop a whole-of-government approach to prevent and mitigate such acts, and it urged your Administration to conduct an interagency review to evaluate existing capacities for anticipating, preventing, and responding to genocide and other mass atrocities.

We appreciate your leadership on this matter of shared concern, and we welcome the recently released Presidential Study Directive 10 (PSD-10), which reflects several of the recommendations outlined in S. Con. Res. 71.  Both S. Con. Res. 71 and PSD-10 clearly state that preventing genocide and mass atrocities is in America’s national interest and aligned with our values.   As a result, the United States should improve its abilities to help avert such human tragedies and to determine specific steps to coordinate and enhance those capacities.   

The recent establishment of a National Security Staff Director focused on the prevention of war crimes and atrocities, the creation of an Atrocities Prevention Board, and the mandate for an interagency study to inform the work of the Board all represent important steps in that direction.  It is our hope that, through the coordination of a whole-of-government approach to preventing mass atrocities and genocide, the Board will improve U.S. capacity for responding to warning signs of impending violence against civilians. 

We look forward to hearing from you on the next steps your administration is taking to implement the recommendations put forward in S.Con. Res. 71 and PSD-10.  We are particularly interested in establishing coordinating mechanisms between Congress and the Atrocities Prevention Board and working with your Administration to consider a whole-of-government approach to atrocities prevention.  We stand ready to partner with you in the Senate to continue to improve U.S. capacity to anticipate, prevent, and respond to genocide and other mass atrocities.

Sincerely,

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Senator Coons marks World AIDS Day, praises ambitious new goals of President’s Emergency Plan for AIDS Relief

WASHINGTON – U.S. Senator Chris Coons (D-Del.) released the following statement today marking the 24th anniversary of World AIDS Day, which is observed each year on December 1.

“Pausing to mark World AIDS Day each year gives us an opportunity not only to remember those we’ve lost to AIDS, but to recommit ourselves to wiping out this terrible disease. There are 34 million people currently infected around the world, including more than 3,600 Delawareans, so we must continue to work together to prevent the spread of this disease. While medical breakthroughs allow those living with HIV to live long, productive lives, we must remain vigilant about the impact of the disease and simple, effective preventive measures that can lead to the ultimate goal of ending the spread of HIV and AIDS in our lifetime.

“The United States has made tremendous strides in combatting the spread of HIV/AIDS under the President’s Emergency Plan for AIDS Relief (PEPFAR) created by President Bush and expanded by President Obama, and today, we are poised to make landmark progress. In the last year alone, the U.S. supported life-saving antiretroviral treatments for more than 3.9 million people, averting 200,000 infant HIV infections, and providing care for nearly 13 million people — including more than 4.1 million orphans and vulnerable children. I applaud President Obama for his leadership on this issue, and for setting ambitious new goals to further reduce the rate of new infections in coming years.

“The most important thing Delawareans can do right now to protect themselves against AIDS is get tested and, if necessary, get the medical attention they need. Getting tested is fast, easy, and often times, free. To find a testing location near you, visit www.hivtest.org. To set up treatment at a center with no waiting list, call the Delaware HIV Consortium at 302-657-5471.”

Senator Coons is chair of the Senate Foreign Relations Subcommittee on African Affairs and a member of the Congressional HIV/AIDS Caucus.

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Senator Coons calls for reauthorization of the Violence Against Women Act

WASHINGTON – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, voiced his strong support for the bipartisan legislation introduced Wednesday to reauthorize the Violence Against Women Act (VAWA), which has enhanced law enforcement’s ability to investigate and prosecute violent crimes against women since its original passage in 1994.

“For nearly 18 years, the Violence Against Women Act has shined a national spotlight on a problem that was once considered a private matter, empowering women and men alike to take a stand against abuse and increase the safety of countless women across America,” Senator Coons said. “By reauthorizing this legislation, we will continue the fight first championed by Joe Biden, while enhancing initiatives that confront the evolving needs of the push to root-out domestic violence. Without Congressional action, many of VAWA’s programs will expire this year. As a matter of human rights, we simply cannot allow that to happen.”

VAWA was first signed into law by President Clinton in 1994, and has since been reauthorized in 2000 and 2005. The law’s current authorization, however, expired in September. Programs supported by VAWA have provided victims with critical services such as transitional housing, legal assistance, and supervised visitation services. VAWA has also encouraged communities to coordinate their responses to domestic and sexual violence by bringing together victim advocates, law enforcement, the courts, health care professionals and leaders within faith communities.

“As state and local budgets struggle to find the resources needed to fund enforcement of domestic violence laws, as well as for aid, relocation and support for victims, VAWA provides an important lifeline to some of our most vulnerable citizens,” Senator Coons said. “We cannot afford to let these programs lapse. I will continue to advocate for reauthorization of this legislation and encourage my Senate colleagues to swiftly pass this bill.”

The legislation introduced Wednesday would improve existing programs to address evolving needs in the fight against domestic violence, dating violence, sexual assault, and stalking. The proposed legislation will provide tools to prevent domestic violence homicides by supporting training to those law enforcement officers, victim service providers and court personnel who are working on the front lines to eliminate domestic violence. 

Importantly, the legislation also promotes accountability to ensure that federal funds are used for their intended purposes, and consolidates programs and reduces authorization levels to address fiscal concerns while focusing on the programs that have been the most successful.

The legislation was sponsored by Senators Patrick Leahy (D-Vt.) and Mike Crapo (R-Idaho).

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Senate approves amendment to combat counterfeit products sold to the military

WASHINGTON – The U.S. Senate today unanimously approved an amendment to a key Defense funding bill which includes a measure from U.S. Senator Sheldon Whitehouse (D-RI) to crack down on criminals who traffic in counterfeit military products.  The bipartisan Combating Military Counterfeits Act, which was cosponsored by Senators Coons (D-DE), Leahy (D-VT), Hatch (R-UT), McCain (R-AZ), Kyl (R-AZ), Graham (R-SC), Klobuchar (D-MN), and Blumenthal (D-CT), was included in a larger amendment offered by Senators Levin (D-MI) and McCain.  The measure would bolster efforts to protect troops and the United States military supply chain from dangerous counterfeit products.

“Our troops serving overseas have so much to worry about each day – faulty equipment should not be one of them,” said Senator Whitehouse, who recently spoke on the Senate floor in support of the amendment. “The Combating Military Counterfeits Act will enhance the ability of prosecutors to keep counterfeit goods out of the military supply chain.  I’m pleased that so many of my colleagues supported this important amendment to better protect our servicemen and women from counterfeit goods.”

“Keeping inferior, counterfeit goods from endangering the mission and the well-being of our men and women in uniform should be an important priority for this Congress, and I’m glad our legislation is moving closer to enactment today,” Senator Coons said. “Selling counterfeit goods to the military is dangerous, flagrant, and needs to be stopped.”

Blumenthal said, “This important step will help end an appalling increase in counterfeit goods and defective equipment sent to our troops. This proactive measure assures secure and effective equipment for brave service men and women serving and sacrificing at home and abroad.” 

A January 2010 study by the Commerce Department quoted a Defense Department official estimating that counterfeit aircraft parts were “leading to a 5 to 15 percent annual decrease in weapons systems reliability.” Similarly, the Government Accountability Office has reported that the Defense Department discovered in testing that it had procured body armor that was misrepresented as being “Kevlar,” and that a supplier sold the Defense Department a personal computer circuit that it falsely claimed was a $7,000 circuit that met the specifications of a missile guidance system.

Under the current counterfeit trafficking statute, sentences imposed on traffickers in military counterfeits do not reflect the serious dangers that these products pose to our troops. The Combating Military Counterfeits Act addresses this deficiency by creating a new enhanced offense that specifically targets trafficking in military counterfeits and by increasing penalties for criminals who know that the counterfeit product they sell is intended for use by the military or is identified as meeting military standards.

The Combating Military Counterfeits Act will complement other government efforts to protect our military supply chain. The Senate Armed Services Committee conducted an important investigation into counterfeit electronic parts in the military supply chain.  This investigation led to other provisions in the Levin/McCain amendment that will help keep counterfeits out of the military procurement system. The Administration also is working across agencies to protect the military supply chain from counterfeits, including through its “Operation Chain Reaction” which targets counterfeit military products.

The bill was approved by the Senate Judiciary Committee in July.  Action on the larger Defense spending measure, in which it is now included, is expected to be completed soon.

The bill is supported by the U.S. Chamber of Commerce, the National Association of Manufacturers, the Semiconductor Industry Association, DuPont, the International Trademark Association, the International AntiCounterfeiting Coalition, as well as A2B Tracking and ON Semiconductor in Rhode Island.

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Senators Carper, Coons praise passage of amendment to give National Guard a seat on the Joint Chiefs of Staff

WASHINGTON – U.S. Senators Tom Carper and Chris Coons praised the Senate’s adoption Monday night of legislation that would give the Chief of the National Guard Bureau a seat on the Joint Chiefs of Staff and give the Guard a stronger voice in military planning. The measure was offered as an amendment to the National Defense Authorization Act currently being considered by the Senate. Senators Carper and Coons cosponsored the amendment.

The Joint Chiefs of Staff — the President’s top defense planning advisors — are responsible for preparing our nation’s defense against threats from foreign nations and non-state actors, like terrorists, but currently lack a member designated to integrate the unique abilities of the National Guard, such as counterdrug or chemical terrorism response. By making the Chief of the National Guard a member of the Joint Chiefs of Staff, this amendment will more closely align the Pentagon’s planning process with the threats our nation is likely to face.

“As an 18-year veteran of Delaware’s Air National Guard, as well as the former Commander in Chief of Delaware’s National Guard, I know first-hand the dedication and sacrifices our National Guard members make every day,” Senator Carper said. “The devoted men and women of our National Guard play a critical role in supporting our military and our state. As national security challenges, as well as natural and man-made disasters, continue to test our state and nation, we now ask more of the Guard and its members than ever before. These additional responsibilities and enhanced strategic role underscore the need for the National Guard to be a full partner with the other military branches, including maintaining representation as part of the Joint Chiefs of Staff.”

“As our nation’s military evolves to confront new threats to our country, so too must the administrative infrastructure in the Pentagon,” Senator Coons said. “The National Guard brings highly specialized skills to our national defense that ought to be part of the Pentagon’s long-term planning process. Our nation needs the Guard to have a seat at the table. After cosponsoring the Guardians of Freedom Act in March, I actively pressed my colleagues to support the measure, and am pleased the Senate has come together in a bipartisan way to adopt it. ”

Major General Frank Vavala, the Adjutant General of Delaware’s National Guard and Chairman of the Board of the National Guard Association of the United States, praised the bill’s passage: “We are elated and greatly appreciate the support for this long overdue initiative.  This action shows our elected officials value the contributions of the National Guard and it is one step closer to giving 470,000 Soldiers and Airmen a voice when our military leaders are making decisions.”

A vote on the National Defense Authorization Act is expected in the Senate Wednesday. The already-passed House version of the National Defense Authorization Act also included the National Guard measure.

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