Related Issues

Related Issues

Senators Coons, Cramer introduce legislation to study global emissions intensity and hold countries with dirty production accountable

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Kevin Cramer (R-N.D.) today introduced the bipartisan Providing Reliable, Objective, Verifiable Emissions Intensity and Transparency (PROVE IT) Act that would direct the Department of Energy to conduct a comprehensive study comparing the emissions intensity of certain goods produced in the United States to the emissions of those same goods produced in the other countries. U.S. Senators Angus King (I-Maine), Lisa Murkowski (R-Alaska), Martin Heinrich (D-N.M.), Lindsey Graham (R-S.C.), Sheldon Whitehouse (D-R.I.), Bill Cassidy (R-La.), and John Hickenlooper (D-Colo.) are also co-sponsors. 

“The bipartisan PROVE IT Act will provide reliable data that’s needed to quantify the climate benefits of the United States’ investments in cleaner, more efficient manufacturing practices and to hold nations like China accountable for their emissions-heavy production of goods like steel,” said Senator Coons. “It will level the playing field and ensure our workers and producers are not unjustly penalized for their high environmental standards. Demonstrating our comparative advantage in emissions intensity, working with our allies and partners on data sharing, and building on that with future legislation will be a win for the climate, a win for American workers and manufacturers, and a win for global cooperation.”

“The United States lives up to the highest environmental standards in the world, and the PROVE IT Act is an opportunity to bolster our advantage by backing it up with verifiable data,” said Senator Cramer. “Americans know and appreciate the stewardship that goes into the energy we produce and the goods we manufacture. Quantifying global data will prove our emissions-intensive goods are cleaner here at home while highlighting the countries who monetize their lax or nonexistent standards.”

“Climate change is one of the most pressing, existential threats facing our country. As we race against time to find and implement solutions, we must be guided by the facts from a global perspective – and that means accounting for the carbon footprint of nations around the world,” said Senator King. “The PROVE IT Act is a bipartisan, commonsense effort to quantify emissions and then develop strategies to support the United States’ continued environmental leadership in manufacturing. America has taken historic steps to address climate change with clean energy investments, but we aren’t operating in a vacuum and there is still more work to be done. Along with much needed permitting reform, this bill would be a significant boost in our mission to find a clean, sustainable energy path forward that protects the planet for generations to come.”

“When it comes to the production of materials like critical minerals, natural gas, crude oil, and more—Alaska sets the bar in terms of clean production standards. The United States manufactures and produces domestic goods and resources with some of the highest environmental standards in the world—far cleaner than many of our global competitors,” said Senator Lisa Murkowski. “I’m glad to join this commonsense legislation that will demonstrate to the world our environmental standards and promote the continuation of clean production.” 

“I’m all-in on improving the infrastructure our communities rely on. At the same time, we need to make sure we don’t solve our infrastructure challenges at the expense of our climate,” said Senator Heinrich. “This bipartisan legislation will give us the data we need to effectively reduce greenhouse gas emissions from industrial products internationally and at home.”

“This legislation will help give us an apples-to-apples comparison of manufacturing practices among industrialized nations,” said Senator Graham. “It will also provide important data to show the true costs of China dumping dirty products into our economy in an effort to undercut American manufacturers.” 

“As the European Union forges ahead with a strong carbon border adjustment, Congress should help support analysis of how competitive American manufacturers are in the global marketplace when the costs of carbon pollution are taken into account,” said Senator Whitehouse. “This bipartisan step should help private groups quantify the emissions intensity of goods produced here in America, and help us construct a carbon border adjustment of our own.”

“Goods produced in the U.S. are the cleanest in the world,” said Senator Cassidy, M.D. “This study will help us better understand that advantage as we explore policies that reward cleaner U.S. production at the expense of countries that exploit the environment.”

American manufacturers abide by some of the cleanest production standards in the world, and U.S. production is widely regarded as cleaner and more responsible than our competitors. The PROVE IT Act would obtain high-quality data to back up this claim up by determining the emissions intensity of domestically produced goods like steel, cement, glass, and aluminum, compared to those around the globe.

Specifically, the PROVE IT Act would direct the Secretary of Energy to conduct a study, alongside the Department of Commerce, Environmental Protection Agency, U.S. Trade Representative, Department of Homeland Security, and Department of State, to:

  • Determine the average emissions intensity of covered products produced in the United States and identify any gaps in that data;
  • Determine the average emissions intensity of covered products produced by G7 countries, free trade agreement partners, foreign countries of concern, and countries that hold a substantial global market share for a covered product;
  • Identify any issues with verifying the average product emissions intensity data from other countries;
  • Determine the emissions intensity of products produced in the United States compared to products produced in covered countries; and
  • Facilitate collaboration among entities with expertise in data collection and analysis, support international coordination on emissions intensity data, and establish a process for receiving data from private industry on a voluntary basis.

Comprehensive data on product emissions intensity is an important step in addressing climate through trade policy, leveling the playing field for domestic producers and manufacturers who are forced to compete against rivals with little to no standards. Senator Coons introduced the FAIR Transition and Competition Act, Congress’ first comprehensive border carbon adjustment bill, in 2021, and prior to Russia’s invasion of Ukraine, Senator Cramer penned an op-ed with former National Security Advisor H.R. McMaster advocating for a “climate and trade initiative that would cut global greenhouse gas emissions, increase energy security, and reduce Russia’s power to coerce Europe.” Merging climate and trade policy would reduce global emissions and support American workers by leveling the playing field for domestic manufacturers who have already made expensive investments to reduce emissions in their manufacturing processes.

The PROVE IT Act is endorsed by the Bipartisan Policy Center Action, American Iron and Steel Institute, Climate Leadership Council, Citizens for Responsible Energy Solutions, Information Technology and Innovation Foundation, Third Way, Progressive Policy Institute, Independent Petroleum Association of America, Center for Climate and Energy Solutions, American Petroleum Institute, and the Steel Manufacturers Association.

The one-page summary of the bill is available here. The text of the bill is available here. A full list of endorsement quotes is available here.

Senators Carper, Coons, Rep. Blunt Rochester celebrate innovative solutions combating homelessness at Georgetown Pallet Village

GEORGETOWN, Del. – U.S. Senators Tom Carper and Chris Coons and Congresswoman Lisa Blunt Rochester (all D-Del.) joined U.S. Department of Agriculture (USDA) Rural Development Director David Baker today for a ribbon-cutting at The Springboard Collaborative’s Pallet Village in Georgetown, an innovative solution combating homelessness, fostering health, and empowering new employment opportunities in Sussex County.The 40 low-cost cabins provide dignified shelter in low-income areas hit hard by the COVID-19 pandemic. Springboard is also celebrating $2.4 million in American Rescue Plan funding, a portion of which will be used to assist village replication in other parts of Delaware in need.

A project that had been in the works for three years, the cabins – 64 square feet each and all recently painted vibrant colors in July thanks to community volunteers – provide transitional housing and allow for wraparound service providers to visit a single location, increasing impact and reach.Springboardand partners First State Community Action Agency (FSCAA), Healthy Communities Delaware, and other agencies are collectively helping our most vulnerable neighbors build new lives.

“When we were working on the American Rescue Plan, we knew that a major need back home in Delaware was safe housing,” said Senator Carper. “I am proud that we could help Springboard Collaborative provide housing and resources for those that need it the most in our communities. When I visited the pallet village months ago, I met with residents and learned so many are veterans, like myself. This village will provide a helping hand to so many in our community that have been struggling for too long.” 

“Housing – secure,stable, accessible housing – is the foundation upon which everything else is built,” said Senator Coons. “One of the most common sources of pain I’ve heard during my time working with those facinghomelessnessis the pain of feeling unseen, ignored, ‘less than.’ Efforts like this from The Springboard Collaborative and Co-Founders Jeff Ronald and Judson Malone shout from the hilltops, ‘We see you and are here working to help.’”

“Safe, affordable, reliable housing isn’t just about stability, it’s about dignity,” said Congresswoman Blunt Rochester. “Housing is foundational – from education to employment. The Springboard Collaborative’s efforts to create more available housing in Georgetown is exactly the action we need to help fill the affordable housing gap in Delaware. I’m proud to be one of the partners in helping make today’s ribbon-cutting come to fruition, and I know that the village’s impact will reverberate across the First State for years to come.”

“Springboard Collaborative’s projects will assist some of our most vulnerable neighbors – those dealing with lack of safe and affordable housing,” saidGovernor John Carney (D). “I want to thank The Springboard Collaborative team for their commitment to our communities.”

“We all deserve to be treated with respect and dignity, especially our folks experiencing homelessness. They deserve compassion, a listening ear, and they deserve to be embraced and not live on the margins of society. The Springboard Pallet Village is an important step on a person’s journey to recovery and resilience. Thanks to The Springboard Collaborative, First State Community Action Agency, Town of Georgetown, Mayor [Bill] West and Council, and local leaders, individuals have transitional housing, a community, and a place to have basic needs met – a hot shower, counseling, and even services for a beloved pet,” said Lt. Governor Bethany Hall-Long (D). “As we know through the work with Delaware Behavioral Health Consortium, we cannot address mental and behavioral health concerns without considering the full picture of a person’s situation. Where do they lay their head at night? Do they have employment, food? It’s about addressing the social determinants of health. When people have basic needs met, it helps individuals to stand strong and empowered and move on to the next phase of their journey in a safe, supported environment. This initiative does just that.” 

“USDA Rural Development is proud to assist this transitional housing village with a $722,300 grant towards the costs of food and meals over three years for residents here from the Emergency Rural Healthcare Grant program,” said David Baker, USDA Rural Development Director. “The outpouring of community support for this project reflects the concerns of so many to help our residents with a helping hand.”

“We can create a future where homelessness is rare, brief, and nonrecurring.  More than a moral imperative, it also makes smart economic sense for our communities; it is who we are as Americans,” said Jeff Ronald, The Springboard Collaborative Co-Founder and Chairman of the Board. “No one should endure the inhumane conditions of unsheltered homelessness. This is a systems approach: a dignified dwelling, plus resources to cultivate better health, plus job opportunities to advance. This is an innovative cross-agency collaboration – emulating proven models nationwide. Our vital demonstration project, with solid outcomes thus far at six months, needs state support to flourish.”

“It’s more than a safe place to call home; these villages empower people with new educational and job training opportunities to achieve self-reliance and pursue their full potential,” said Judson Malone, The Springboard Collaborative Co-Founder and Executive Director. “The cost of ignoring homelessness is far, far greater; we can cultivate a lasting end to homelessness, statewide, starting in Sussex County and with state support.”

“A dignified dwelling plus wraparound services empowers disadvantaged Delawareans to stabilize, rebuild, and strive to lead successful lives,” said Bernice Edwards, FSCAA Executive Director. “The partnership between [FSCAA] and Springboard is a model for other community action agencies across the country. We envision a more equitable society that provides all vulnerable Delawareans the resources to attain their full potential.”

“One of my top priorities as a state legislator has been to continue working with our federal, state, and community partners in providing housing for our homeless population,” said State Representative Ruth Briggs King (R), who represents the area in which Springboard is located. “A safe shelter is a basic human right and what we’re doing today will go a long way toward helping members of our homeless community with the necessary services they need in order to have a more stable future.”

ICYMI: Senator Coons highlights his new bill to strengthen patent protections and boost U.S. innovation in new op-ed

WASHINGTON – In case you missed it, U.S. Senator Chris Coons (D-Del.) published an op-ed in the Delaware Business Times that highlights his new legislation to strengthen the U.S. patent system and protect the intellectual property of America’s innovators by reforming the Patent Trial and Appeal Board (PTAB).

As Chair of the Senate Judiciary Committee’s Intellectual Property Subcommittee, Senator Coons has worked to make U.S. intellectual property law more reliable, effective, and predictable for American inventors and businesses. In June, Senator Coons introduced the bipartisan Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act with Senators Thom Tillis (R-N.C.), Dick Durbin (D-Ill.), and Mazie Hirono (D-Hawaii) to make commonsense reforms to the PTAB.

Senator Coons has also chaired a series of hearings focused on exploring the impact of artificial intelligence (AI) on American innovation and how to regulate AI in a way that permits the United States to maintain its competitive edge. To ensure America continues to be the most innovative country on the planet and that it rewards research and development, Senator Coons also held a hearing to conduct oversight of the U.S. Patent and Trademark Office.

Delaware Business Times: VIEWPOINT: Stronger patent protections boost innovation

America’s patent system used to be the gold standard for the world. It incentivized innovators – in Delaware and across our country – to take risks that delivered new inventions that propelled our economy and improved people’s lives. Sadly, our patent system has been weakened significantly, gradually becoming less reliable and effective, and our innovators no longer have confidence their ideas will actually be protected.

Few of those wounds to our patent system are bigger than the current state of the Patent Trial and Appeal Board (PTAB), an administrative body of the U.S. Patent and Trademark Office (USPTO) designed to fast-track decision-making on patent validity. Created over a decade ago as an alternative to drawn-out federal court litigation, the PTAB was intended to be a quicker, less-expensive alternative to the court system.

That’s why, alongside Senate colleagues Thom Tillis (R-N.C.), Dick Durbin (D-Ill.), and Mazie Hirono (D-Hawaii), I introduced the bipartisan Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act. This bill will reform the PTAB so that patent holders can get back to what really matters – innovation – rather than beating back constant challenges to their protected discoveries.

Read more of the op-ed here.

ICYMI: Senator Coons highlights U.S. support for ICC efforts to hold Russian leaders accountable for war crimes in new op-ed

WASHINGTON – In case you missed it, U.S. Senator Chris Coons (D-Del.) published an op-ed in the Delaware News-Journal that highlights the United States’ unwavering support for Ukraine and his role in ensuring that the Biden administration has the tools necessary to support the International Criminal Court (ICC) as it seeks to hold Russian President Vladimir Putin and other Russian leaders accountable for their war crimes.

Coming on the heels of the Biden administration’s announcement that it would share information with the ICC about Russian war crimes, Senator Coons highlighted his bipartisan efforts to enable the U.S. government to collaborate with the ICC, which became law in last year’s State and Foreign Operations (SFOPS) appropriations bill. The bill authorized the United States to provide financial support to, and share information with, the ICC to investigate and prosecute Putin and his regime’s crimes in Ukraine.

A Co-Chair of the Senate Human Rights Caucus, Senator Coons has worked to draw attention to war crimes committed during Russia’s unprovoked war on Ukraine. Shortly after Russia’s full-scale invasion in February 2022, Senator Coons introduced a Senate resolution calling for Vladimir Putin and members of the Russian regime to be held accountable for their numerous acts of war, aggression, and human rights abuses. In April 2022, Senator Coons also issued a statement on reports of war crimes by the Russian military in Ukraine.

Delaware News-Journal: Chris Coons: This is why we must continue to strongly support Ukraine

The New York Times reported last week that President Joe Biden decided to share U.S. government information with the International Criminal Court in The Hague to bolster their efforts to investigate and prosecute Russian war crimes in Ukraine. I’m proud to have led the way in giving our president that option, with strong bipartisan support. Members of Congress from both parties understand the need to hold Russian war criminals accountable for their heinous actions.

Bucha, Izyum, and Mariupol are a few tragic examples of Ukrainian towns and cities now famous for all the wrong reasons. These are places where Russian forces bound the hands of Ukrainian civilians and executed them in the streets; where they hastily buried the bodies of 440 locals in a mass grave; where they firebombed once-vibrant neighborhoods to rubble and kidnapped thousands of innocent Ukrainian children.

These sites are notable examples of the brutality of President Vladimir Putin and his regime, but they are far from the only ones. In the time since Putin’s full-scale invasion began on Feb. 24, 2022, the Ukrainian Office of the Prosecutor General has recorded more than 66,000 alleged war crimes. Accordingly, on March 17, the ICC issued arrest warrants for Putin and Russian Commissioner for Children’s Rights Maria Lvova-Belova — the latter responsible for the forced deportation of thousands of Ukrainian children.

That’s why our ongoing, strong support for Ukraine must include not only the weapons Ukrainians need to defend themselves and the resources they need to sustain government services for the population, but also ensure that Putin and his regime are held to account for their butchery.

Read more of the op-ed here.

Senators Coons, Grassley introduce resolution recognizing August as National Anti-Counterfeiting and Consumer Education and Awareness Month

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Chuck Grassley (R-Iowa) introduced a bipartisan resolution recognizing the month of August as National Anti-Counterfeiting and Consumer Education and Awareness Month and highlighting the importance of the roles of trademarks in the American economy and in protecting consumer safety.

“As Co-Chair of the Congressional Trademark Caucus, I’m proud to introduce my bipartisan resolution with Senator Grassley to raise awareness and educate American consumers on counterfeits and Congress’ commitment to combating counterfeits,” said Senator Coons. “Counterfeits can put consumers in danger, harm the intellectual property of inventors and creators, and hurt our economy. The more we can do to raise attention to the harms of counterfeit goods, the stronger American innovation will be.”

“Knockoffs not only violate intellectual property rights; they also threaten consumers, innovators, and the economy,” said Senator Grassley. “I’m glad to join Senator Coons on this bipartisan resolution as increased education and awareness efforts are critical to preventing counterfeit activity and protecting American business and ingenuity.”

Senator Coons has been a longstanding advocate of protecting U.S. intellectual property rights and protecting the American consumer from counterfeit goods. He introduced the SHOP SAFE Act with Senator Thom Tillis (R-N.C.) to protect consumers from harmful counterfeit products sold online. As Chair of the Senate Judiciary Committee’s Intellectual Property Subcommittee, Senator Coons held a hearing on oversight of the U.S. Patent and Trademark Office this month to ensure U.S. intellectual property laws are being enforced reliably, effectively, and predictably.  

Senator Coons previously cosponsored a similar resolution in the 117th Congress.

The full text of the resolution is available here

Senator Coons is the Chair of the Senate Judiciary Committee’s Intellectual Property Subcommittee and the Co-Chair of the Congressional Trademark Caucus.

Senator Coons, colleagues introduce legislation to increase access to testing strips for fentanyl

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and John Cornyn (R-Texas) introduced the bipartisan Fentanyl Safe Testing and Overdose Prevention Act, which would help prevent deaths from fentanyl poisoning by increasing access to fentanyl test strips. This legislation would amend the Controlled Substances Act, which bans the use, sale, import, and export of drug paraphernalia, and make clear that testing strips for fentanyl and xylazine are not drug paraphernalia. Companion legislation is being led in the U.S. House of Representatives by Congresswoman Jasmine Crockett (D-Texas) and Congressman Lance Gooden (R-Texas). 

“The fentanyl and xylazine crisis is inflicting unspeakable harm on communities in Delaware and across America. We must promote the use of tools that can prevent unnecessary tragedies,” said Senator Coons. “I am proud to introduce this bipartisan bill with Senator Cornyn and my colleagues to make expressly clear under federal law what is already common sense: Testing strips save lives and should be readily and legally accessible throughout the country.”

In 2022, 68% of the 107,081 reported drug overdose deaths were from synthetic opioids, mainly fentanyl. Xylazine has been increasingly found in fentanyl products, and the percentage of fentanyl-involved deaths with xylazine detected increased 276% from January 2019 to June 2022. In March of this year, the U.S. Drug Enforcement Administration (DEA) Administrator stated that “xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier.” The DEA’s lab has also found that six out of 10 fentanyl-laced fake prescription pills analyzed in 2022 contain a potentially lethal dose of fentanyl.

While fentanyl and xylazine testing strips are not currently considered illegal under federal law, several states have banned the strips as drug paraphernalia. This bill would make it clear that there is no federal prohibition on these strips and thereby promote greater access to these strips nationwide. Delaware expressly decriminalized fentanyl testing strips in 2021.

The legislation is endorsed by the National Association of Police Organizations, National District Attorneys Association, the Fraternal Order of Police, Major Cities Chiefs Association, Federal Law Enforcement Officers Association, Sergeants Benevolent Association, National Association of Counties, Addiction Policy Forum, Community Anti-Drug Coalitions of America, and Right on Crime.

In addition to Senators Coons and Cornyn, the bill is cosponsored by Senators Tom Cotton (R-Ark.), Amy Klobuchar (D-Minn.), and Bill Cassidy, M.D. (R-La.).

Senator Chris Coons is a member of the Senate Judiciary Committee.

Senator Coons legislation to boost law enforcement hiring and retention passes Senate

WASHINGTON – U.S. Senator Chris Coons (D-Del.) celebrated Wednesday’s Senate passage of his bipartisan Recruit and Retain Ac, which would support law enforcement agencies by helping to address workforce challenges and bolster recruitment. The bill now heads to the U.S. House of Representatives.

“As Co-Chair of the Senate Law Enforcement Caucus, I know the critical role that our law enforcement officers have on the front lines of our communities in Delaware and across our nation,” said Senator Coons. “The Recruit and Retain Act would provide staffing assistance to these agencies and help build trust between law enforcement and the communities they serve. I’m glad my Senate colleagues unanimously passed my bipartisan legislation to ensure our police departments recruit qualified officers who reflect our communities.”

The Recruit and Retain Act has received national endorsements from the Federal Law Enforcement Officers Association, Fraternal Order of Police, Major Cities Chiefs Association, Major County Sheriffs of America, National Association of Police Organizations, National Sheriffs Association, R Street Institute, and the Peace Officers Research Association of California.

In addition to Senator Coons, the legislation is co-sponsored by Senators Deb Fischer (R-Neb.), Amy Klobuchar (D-Minn.), John Cornyn (R-Texas), Jon Tester (D-Mont.), Tom Cotton (R-Ark.), Jacky Rosen (D-Nev.), Thom Tillis (R-N.C.), Dick Durbin (D-Ill.), John Kennedy (R-La.), Richard Blumenthal (D-Conn.), and Josh Hawley (R-Mo.).

The Recruit and Retain Act would primarily boost the U.S. Department of Justice’s Community Oriented Policing Services (COPS) grants to make them more responsive to onboarding costs and hiring challenges. This would help law enforcement agencies across the country hire new officers more easily, as many continue to face staffing shortages and struggle to attract new applicants. The bill also includes the creation of a new program to encourage voluntary partnerships between schools and police departments to foster a stronger local pipeline for law enforcement careers. 

The Recruit and Retain Act:

  • Supports officer onboarding. Makes the U.S. Department of Justice’s COPS grants more flexible to reduce the financial costs of hiring new law enforcement officers, including for background checks, psychological evaluations, and other needs.
  • Reduces administrative burdens. Allows up to 2% of grant funding to alleviate the administrative costs of implementing COPS grants. Many law enforcement agencies have noted that this would offset the paperwork burden associated with COPS grants. 
  • Authorizes a new pipeline recruitment program. Authorizes the Pipeline Partnership Program within COPS to encourage collaboration between agencies and local elementary schools, secondary schools, and institutions of higher education for students interested in future careers in law enforcement. Qualifying partnership activities would include dedicated programming for students, work-based learning opportunities, project-based learning, mentoring, community liaisons, career or jobs fairs, work site visits, job shadowing, and skills-based internships.
  • Provides better grant guidance for understaffed agencies. Creates new guidance for COPS hiring grants to clarify the lack of consistent application procedures for understaffed agencies. This will ensure that more eligible police departments are able to access COPS grants.
  • Shines a light on recruitment and retention challenges. Directs a comprehensive study to illuminate the latest recruitment and retention challenges law enforcement agencies face nationwide and document how these trends are impacting public safety.

The text of the bill is available here.

Senator Coons is a member of the Senate Judiciary Committee and Co-Chair of the Senate Law Enforcement Caucus. 

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VIDEO: Senator Coons chairs Judiciary IP Subcommittee hearing on oversight of U.S. Patent and Trademark Office

WASHINGTON–U.S. Senator and Chair of the Senate Judiciary Subcommittee on Intellectual Property Chris Coons (D-Del.) chaired an oversight hearing to review the operation and management of the U.S. Patent and Trademark Office (USPTO). Kathi Vidal, USPTO Director, appeared on behalf of the USPTO.

The hearing, entitled “Oversight of the United States Patent and Trademark Office,” also explored efforts to reform Patent Trial and Appeal Board (PTAB) practices, as well as concerns about the current state of patent eligibility standards. At the hearing, Senator Coons discussed Director Vidal’s support for the USPTO’s recent advance notice of proposed rulemaking proposals; the bipartisan PREVAIL Act that Senator Coons introduced with Senators Thom Tillis (R-N.C.), Dick Durbin (D-Ill.), and Mazie Hirono (D-Hawaii); the need for additional legislative measures like the SHOP SAFE Act to keep American consumers safe; and the USPTO’s efforts to make U.S. innovation more inclusive.

Senator Coons has been a longtime advocate of protecting U.S. intellectual property rights and introduced several bills during the last two Congresses that would make U.S. intellectual property law more reliable, effective, and predictable, including the SHOP SAFE Act.

A video and transcript of Senator Coons’ opening remarks are available below.072623-RP2-1284

WATCH HERE:

Senator Chris Coons: I want to thank Director Kathi Vidal for participating today. I also want to thank Ranking Member Thom Tillis and his staff for putting this hearing together on a consensus basis. This is our second hearing in two weeks, our third in two months, and Senator Tillis, you and your team continue to be great partners. There are, in fact, more to come.

Director Kathi Vidal leads one of the largest intellectual property offices in the world, with more than 13,000 public servants, an annual budget of roughly $4 billion. Last year, the USPTO received about 460,000 new patent applications – a 1.5% increase over the number filed in 2021. The agency expects about 730,000 unexamined patent applications by the end of the year – an increase of roughly 40,000. Trademark application filings increased to over 940,000 in ’21, before dropping a little bit back to more normal levels – around 800,000. The surge in 2021 caused an increase in application pendency, for which the agency has hired 92 trademark examiners to address. The USPTO has set and adjusted patent and trademark fees six times under its important fee-setting authority that the American Invents Act [AIA] established in 2011. The agency is currently engaged in another round of adjustments to help it fulfill its mission of fostering innovation, competitiveness, and economic growth.

U.S. global leadership and competitiveness depend on our ability to foster and protect innovation and creativity at home and abroad. Ensuring the predictability and the reliability of our patent system incentivizes innovation, rewards ingenuity, and improves our global competitiveness. Over the last decade, however, changes to our patent laws have chipped away at that system, threatening long-term investments in research and diminishing our stature on the global stage. To take one example, consider the introduction of the Patent Trial and Appeal Board, or PTAB, created by Congress in 2011. The PTAB, under proceedings that are known as AIA reviews that determine patent validity, have made it far easier to challenge an issued patent at the USPTO than in district courts. AIA reviews were intended to be a faster, cheaper alternative to district court patent litigation, but that’s not exactly how it has worked out. Eighty-five percent of PTAB reviews are also the subject of parallel patent litigation in federal court. This means patent owners have to defend their rights on two fronts at the same time. Rather than making litigation more streamlined, the PTAB system in its current form has just made it duplicative. These AIA reviews in the PTAB aren’t being filed by small or innovative companies. Typically, large and well-established companies have filed thousands of AIA reviews against patents they’ve been accused of infringing, hoping to strip those patents away from their holders.

Director Vidal, I support your recent efforts to use administrative rulemaking to address issues like these: to minimize inefficiencies, to provide additional protections to under-resourced inventors. I hope that you turn around the proposed rule quickly. In my view, however, Congress also needs to step up to the plate and act. That’s why I’ve introduced, along with Senator Tillis and Senators Durbin and Hirono, the PREVAIL Act, a bill that would make some commonsense reforms at the PTAB to protect inventors from costly, unnecessary, and duplicative proceedings. These commonsense reforms include establishing a standing requirement to file an AIA review, limiting the number of challenges that can be brought against the same patent, and barring challenges from pursuing parallel challenges at the PTAB and in federal district court.

I also remain concerned about the scope of subject matter that is eligible to be patented. Many witnesses appeared before this subcommittee over the last few months and have highlighted the uncertainty in our patent eligibility laws. Why does this matter? Critical technologies, like medical diagnostic software and core AI, are not eligible for patent protection here in the United States under current law, but do qualify for protection in Europe and China. So, I was happy to join Senator Tillis in introducing the Patent Eligibility Restoration [PERA] Act last month. That bill will return eligibility to important inventions while resolving legitimate concerns over the patenting of ideas, discoveries of what already exists in nature, and social or cultural content that everyone agrees is beyond the scope of patent protection.

I look forward to working with my colleague Thom Tillis and others and with stakeholders to move PREVAIL and PERA through Congress to restore predictability and reliability to the patent grant.

We also – last topic – need to be concerned about counterfeit goods from abroad. In 2021, more than 80% of counterfeit goods entering the United States originated in China. Although we seized more than $3 billion of counterfeit goods at the border, that number amounts to only a fraction of the total value of counterfeits. These counterfeits can be unsafe and harm consumers. They’re more than just fake sports gear or fake watches. As Co-Chair of the Congressional Trademark Caucus along with Senator [Chuck] Grassley [R-Iowa], I know how dangerous counterfeit goods can be. To give just one example, fake lithium batteries that have exploded or caught fire caused 70 deaths and more than 350,000 serious injuries just last year. I applaud the PTO’s efforts, under Director Vidal’s leadership, to teach younger Americans about the differences between real and fake products and the potential harms of purchasing counterfeit goods and the importance of buying real with the so-called “go for real” trademark campaign. The USPTO can’t solve this problem alone, however, so I’m planning to soon reintroduce, along with Senator Tillis, the SHOP SAFE Act to protect consumers from harmful counterfeit goods sold online. I look forward to hearing from you, Director Vidal; to exploring your efforts to address these issues at the PTO; and discussing the work we intend to do here in Congress to promote America’s innovation economy. I’ll introduce you in a moment, but first, I want to turn it over to my Ranking Member and friend, Senator Thom Tillis.

Senators Coons, Moran introduce bipartisan legislation to provide new financing options for clean energy projects

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Jerry Moran (R-Kan.) introduced the bipartisan Financing Our Energy Future Act, which allows renewable energy resources and infrastructure projects to access financing tools currently only available to select types of energy projects. The Financing Our Energy Future Act would allow clean energy resources and infrastructure projects to form as master limited partnerships (MLPs), a tax structure currently only available to fossil fuel-based energy projects.

“America’s renewable energy technology is on the cutting edge of how we produce and use energy. It’s time for our tax code to catch up,” said Senator Coons. “The bipartisan Financing Our Energy Future Act will ensure that clean energy technologies can benefit from the incentives that traditional energy sources have relied on for decades, supporting good-paying American jobs and strengthening our energy security. Creating new ways to finance these projects will increase investments in clean energy sources and bolster our ability to reduce emissions in the U.S. power sector.”

“Being energy independent requires an all-of-the-above approach to energy production,” said Senator Moran. “Emerging renewable energy companies currently do not have access to a number of tax incentives available to fossil fuel companies. Expanding these incentives to more companies will increase U.S. energy production and help reduce prices for consumers.”

An MLP is a business structure that is taxed as a partnership, but whose ownership interests are traded like corporate stock on a market. By statute, MLPs are currently only available to investors in energy portfolios for oil, natural gas, coal extraction, and pipeline projects; in order for projects to be an MLP, at least 90 percent of the project’s income must come from qualified sources, such as natural resources – including crude oil, natural gas, petroleum, and coal. This legislation would amend the Internal Revenue Code to extend the publicly traded partnership ownership structure to renewable and green energy power generation projects.

Senator Coons previously introduced the bill in the 117th Congress.

In addition to Senators Coons and Moran, this legislation is also cosponsored by Senators Angus King (I-Maine), Mike Braun (R-Ind.), Debbie Stabenow (D-Mich.), and Mark Warner (D-Va.).

The legislation has received the endorsement of the Advanced Biofuels Association, American Clean Power Association, American Council on Renewable Energy, BPC Action, Clean Air Task Force, ClearPath Action, Energy Infrastructure Council, International District Energy Association, National Wildlife Federation, Natural Resources Defense Council, Nuclear Innovation Alliance, and Third Way. 

Full text of the bill is available here. A one-pager of the bill is available here.

Senator Coons statement on Senate passage of fiscal 2024 defense bill

WASHINGTON –U.S. Senator Chris Coons (D-Del.) applauded Senate passage of the annual National Defense Authorization Act (NDAA) and issued the following statement:

“The passage of the fiscal 2024 NDAA is good news for Delaware and for the country. This annual, bipartisan defense bill strengthens our national security, advances important foreign policy priorities in an increasingly uncertain world, and helps keep our citizens safe at home and abroad. Notably, this NDAA has forward-looking measures to enhance our competitiveness with China, promote the safe use of artificial intelligence in the military, and stop predatory debt collectors from preying on servicemembers.

“While I am disappointed that the amendment based on the Afghan Adjustment Act is not included in the Senate NDAA, I will continue to push to advance this critical legislation. We must provide stability and clarity for our Afghan allies who stood by us during two decades of conflict.

“Ultimately, we owe it to our service members – from the airmen at Dover Air Force Base to the citizen-soldiers in the Delaware National Guard to those serving overseas – to provide them with all that they need to defend our nation. This bipartisan bill provides substantial funding levels to our armed forces and ensures our military remains the strongest in the world.”