Mr. President, I rise to reintroduce the Veteran Voting Support Act, which is cosponsored by Senators Leahy, Durbin, and Reid. Almost 7 years ago, during the previous administration, I learned that a…
Mr. President, I rise to reintroduce the Veteran Voting Support Act, which is cosponsored by Senators Leahy, Durbin, and Reid.
Almost 7 years ago, during the previous administration, I learned that a Department of Veterans Affairs facility in California had barred voter registration groups from accessing veterans in the facility. Similar reports emerged in other parts of the country.
This was unacceptable. Therefore, then-Senator Kerry and I worked with the VA to establish a fair, nonpartisan policy to facilitate voter registration and voting for veterans who receive services at VA facilities.
We held a hearing in the Rules Committee on a previous version of this bill on September 15, 2008, when I was Chairman of that committee.
One week before that hearing, the VA issued a directive that created a new and substantially improved policy to permit state and local election officials, as well as nonpartisan groups, to access VA facilities.
Yet many expressed concerns that it did not go far enough. For example, the Brennan Center for Justice, American Association for People with Disabilities, Common Cause, Demos, and the League of Women Voters sent me a letter stating that the directive was ``an important step in the right direction'' but stressed ``that the VA's recent directive will not be sufficient to protect the voting rights of the men and women served by the VA.''
Paul Sullivan, then Executive Director of Veterans for Common Sense, said: ``There is a veteran voting rights crisis. As many as 100,000 of our veterans living in VA facilities may not be able to vote in our November 4 election.''
Mr. Sullivan also explained a key problem facing veterans who live at a VA facility: ``When a veteran moves into a VA facility, the veteran's old registration becomes invalid. The veteran must re-register before he or she can vote again.''
In short, while many believed the VA's directive was not perfect, they also acknowledged it was an improvement.
I am sad to report that the 2008 voting assistance directive expired at the end of September 2013. That means no voting assistance directive is in place at the VA, with the mid-term elections only a few months away.
This is unacceptable. There is no justification for it. Veterans' voting rights, like the voting rights of others, do not have an expiration date.
There is no question about the continuing need for VA action in this area.
While the VA's directive was in place, from 2008 to 2012, veteran voter registration ticked up only slightly, from 77 to 78 percent, according to the Census Bureau's Current Population Survey.
But during the same period, actual voting by veterans dropped as a percentage of the veteran population--from 70.9 percent to 70.3 percent.
In raw numbers, there remain over 4.6 million veterans who either are unregistered or for whom the Census Bureau's data reports no response.
In the 2012 election, there were over 6.2 million veterans who either did not vote or for whom the Census data reports no response.
Thus, there is much more to do to help our veterans register and cast their ballots.
The VA is the agency best suited to do the job because it comes into contact with several million veterans each year.
In fact, in 2013, according to the VA's latest statistics, there were over 6.41 million unique patients in the VA health care system, up from 5.65 million in 2008, a 15 percent increase.
Today, I am reintroducing the Veteran Voting Support Act, which, unlike a VA directive, cannot be rescinded by the VA and would not expire.
This bill would take important steps to improve veterans' ability to register and vote.
First, the bill would require the VA to provide a veteran seeking to enroll in the VA health care system with a mail-in voter registration form. Such a form would also have to be provided to currently enrolled veterans upon a change of address or enrollment status.
The VA would be required to send such forms to the appropriate state election official within 10 days, or within five days if the form is received within five days before a registration deadline.
Second, the VA would be required to provide assistance to veterans seeking to register to vote using the mail-in form. Such assistance would be non-partisan.
Third, the bill would require the director of a VA community living center, domiciliary, or medical center to provide assistance to veterans with respect to voting by absentee ballot, consistent with state and local laws. This section is limited to residents of a community living center or domiciliary and inpatients of a medical center.
Fourth, the bill would ensure that the VA provides access for nonpartisan organizations to provide voter registration and assistance at VA facilities.
This is subject to reasonable time, place, and manner restrictions, including limiting activities to regular business hours and requiring advance notice to the facility.
Fifth, the bill would prevent the VA from prohibiting access to VA facilities by election administration officials at the state and local levels, as long as the officials provide only nonpartisan information about voting, such as voter registration, voting systems, absentee balloting, and polling locations. This is also subject to reasonable, time, place, and manner restrictions.
Finally, the bill would require the VA to report annually on the number of veterans helped by this bill.
We owe our veterans a great debt. That debt includes a promise we will not deny them the right to vote and will commit to involving them in the process of choosing leaders who may send Americans into harm's way. This bill would help veterans register to vote, and it would help veterans living in VA facilities cast their ballots.
I urge my colleagues to join me in supporting the Veteran Voting Support Act.
Mr. President, I rise today to protect and secure the user fees paid by America's inventors and businesses to the Patent and Trademark Office, and to stabilize that Office's funding, by introducing the Patent Fee Integrity Act. I want to thank my co- sponsors on this bill, Senators Coburn, Klobuchar, and Flake.
Throughout most of its history, taxpayers supported the operations of the Patent and Trademark Office, or PTO, through appropriations from general funds. However, in 1990, Congress established a 69 percent user fee ``surcharge,'' so that the PTO became funded entirely through fees paid by its users, the American inventors who make our country the world's technological leader.
Unfortunately, almost immediately, Congress began using the funds that inventors paid to protect their inventions for other purposes. In 1992, $8.1
million in user fees were diverted. In 1993, $12.3 million was diverted. In 1994, $14.7 million. So it continued, growing each year, until what started as a trickle became a flood in 1998, with $199 million in PTO user fees diverted.
PTO user fees continued to be diverted in most of the following years, at varying levels. In fiscal year 2011, as Congress was finishing its work on major patent reform, a new fee diversion record was set, a staggering $209 million in user fees diverted from the PTO that year.
Meanwhile, at the same time that these fees were being taken away, the length of time that it took to get a patent out of the Patent Office steadily increased. In fiscal year 1991, average patent pendency was 18.2 months. By fiscal year 1999, it had increased to 25 months. By fiscal year 2010, average patent pendency had increased all the way to 35.3 months.
These are not just numbers. This is innovation being stifled from being brought to market. The longer it takes to get a patent approved, the longer a new invention, a potential technological breakthrough, sits on the shelf, gathering dust instead of spurring job growth and scientific and economic progress.
Ultimately, this dulls our country's competitive edge in the global economy. America's record of innovation is the envy of the world; it has provided us a marked competitive edge over the decades and even centuries. When we stifle the progress of our innovation within the PTO, we lose some of this competitive advantage, and the jobs and other economic benefits that accompany it.
Obviously, there is a direct relationship between fee diversion and patent pendency. The more fees that are diverted away from the PTO, the fewer patent examiners they can hire, the more patents each examiner has to process, and the longer it takes them to get to any individual patent--a longer patent pendency.
But it is not just the time that it takes to get a patent that is hurt by diversion of resources. The quality of the patents issued is harmed as well.
As members of this body know, the Senate Judiciary Committee is actively considering legislation to address abuses of the patent system, and the House of Representatives passed its own legislation on the subject by a strong bipartisan vote of 325-91.
A variety of businesses all over the country are being sued and subjected to letters demanding payment, often based on very questionable patents that should never have been issued by the Patent Office in the first place.
Businesses and lawyers have asserted patents for, by way of example: Scanning and e-mailing a document; completing a purchase on a website with one click, as opposed to multiple clicks; and e-mailing a press release, something that I think it's safe to say that every member of this body does many times each month.
When there aren't enough patent examiners to give patent applications sufficient attention, bad patents get issued.
As the President and CEO of the Internet Association, which represents leading Internet companies like Amazon, eBay, Expedia, Facebook, Hotels.com, Netflix, Twitter, and Yahoo!, puts it: ``the Patent Fee Integrity Act . . . would provide the Patent and Trademark Office with adequate funding and resources to improve overall patent quality. Improving patent quality is an essential step in improving the entire patent ecosystem by shutting off the supply of low-quality patents that fuel litigation by patent trolls.'' The Coalition for Patent Fairness, which includes such major companies as Blackberry, Cisco, Dell, Google, Oracle, and Verizon, notes that ``When patent quality suffers, innovation throughout America's economy is stymied, and patent trolls are able to prosper.''
To make sure the Patent and Trademark Office has the resources it needs to issue patents in a timely manner and to improve patent quality, in 2011, in the Leahy-Smith America Invents Act, we gave the PTO the authority to increase its user fees.
Some of us fought at that time to end the practice of fee diversion, led by my co-sponsor Senator Coburn, to make sure that the users got the full benefit of their increased fees. Unfortunately, our colleagues on the other side of the Capitol watered down the language that the Senate passed to accomplish this purpose.
One of the sponsors defended that language when it came back to the Senate, arguing that the bill ``creates a PTO reserve fund for any fees collected above the appropriated amounts in a given year--so that only the PTO will have access to these fees.''
I warned then that the House's changes provided no assurance that that is what would actually happen.
So what happened? Well, the PTO went ahead and raised its fees, as expected.
Did it get to keep all those new fees?
Unfortunately, the government wasted little time in diverting the new fees. In fiscal year 2013, $121 million in PTO user fees were diverted, due to sequestration. This pushed the total of PTO user fees diverted since PTO was made self-sufficient in 1990 to over $1 billion, $171 million, to be exact.
Requiring the payment of higher patent fees which are then used for general government purposes really amounts to a tax on innovation which is the last thing we should be burdening in today's technology-driven economy.
The fact that this latest round of fee diversion occurred through sequestration provides another reason why the legislation we are introducing today is needed. PTO never should have been subject to sequestration in the first place. As I have described, it is not supported at all by taxpayer funds--it is completely funded by user fees. These users pay for a service when they send in their fees: the timely consideration and processing of their patent or trademark application or renewal. They are entitled to have the benefit of what they paid for. These funds should not be sequestered, to pay for other government services, for which there is a deficit. The PTO does not contribute at all to the deficit, and that has been the case for more than 20 years.
As a result of PTO's budgetary shortfall, in which sequestration played a significant part: information technology modernization was scaled back significantly; the process of opening new PTO satellite offices, called for in the America Invents Act, was frozen; hiring of most support personnel was stopped; and travel and training was virtually eliminated.
Last fall brought another unfortunate budgetary disruption: the shutdown of the federal government. Fortunately, the PTO was able to keep operating for that limited time, with the balances it had in its account. However, had the shutdown continued, PTO, too, would have been forced to close up--despite the fact that it collects fees that make it self-sustaining.
There is no good reason why PTO should be subject to sequestration and shutdown. As the Business Software Alliance states in their supporting letter, ``This bill would ensure the USPTO can continue conducting self-funded operations that produce tremendous economic and social value for the United States.''
The Patent Fee Integrity Act strikes current language that makes PTO subject to the appropriations process, which has been the principal avenue through which its funding has been diverted, and ensures that it can keep its funding. However, we also include measures to maintain accountability for the agency; the bill: requires the PTO Director to submit an annual report and operations plan to Congress; requires the PTO Director to submit an annual spending plan to the Appropriations Committees; and requires an annual independent financial audit.
This bill is supported across the width and breadth of the patent user community. It is endorsed by: Bayer Corporation; Biocom; The Biotechnology Industry Organization; BSA, The Software Alliance; The Coalition for Patent Fairness; The Coalition for 21st Century Patent Reform, which represents a broad group of nearly 50 global corporations who employ hundreds of thousands of Americans in a variety of sectors, including 3M, Caterpillar, General Electric, General Mills, Procter & Gamble, Johnson & Johnson, Medtronic, and Northrop Grumman; Fallbrook Technologies; The Innovation Alliance, which includes innovative small, medium, and large businesses, including Dolby Laboratories and QUALCOMM; the Intellectual Property Owners Association, which
represents more than 200 companies and 12,000 individuals in the U.S. who own intellectual property; The Internet Association; Mattel; Motor & Equipment Manufacturers Association; National Association of Manufacturers; Pharmaceutical Research and Manufacturers of America; and Xerox.
Many of these groups disagree vehemently with each other about patent reform. However, they all come together to unite in support of the bill we are introducing today, the Patent Fee Integrity Act.
BSA, The Software Alliance aptly observes, ``with their funds constantly under attack, the USPTO faces an endless and unnecessary challenge to provide the services for which American innovators have already paid. The Patent Fee Integrity Act will help the USPTO continue to increase patent quality, provide critical, time-sensitive services, and guarantee continuity of its operations independent of continually- shifting political considerations.''
I urge my colleagues to join us in supporting this critical bill. As the Coalition for 21st Century Patent Reform and others observed in the letter they sent to me in support of this bill: ``Your legislation would empower the USPTO to fully support America's innovators without adding a single penny to the deficit.''
Mr. President, I ask unanimous consent that letters of support be printed in the Record.