ATTAIN Act of 2014

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.

Mr. President, New Mexico is blessed with some of the world's finest scientists. Each day, brilliant researchers at our universities and national labs go to work, and the results are amazing. At the same time, entrepreneurs in New Mexico and across the country are looking for opportunities to leverage innovation and to create new high-tech products and applications.

I rise to introduce the Accelerating Technology Transfer to Advance Innovation for the Nation--what we are calling the ATTAIN Act. That is a long title and an important goal: to improve the Department of Energy's technology transfer mission and to move innovation from the lab to the market. This grows our economy and creates a greater impact from our research and development dollars.

But before I talk to my colleagues about what the bill does, I wish to explain why it is so important. Tech transfer may seem to be just some technical issue, affecting bureaucratic rules or regulations, but it is more. It is how innovation in the lab today helps create jobs tomorrow.

In the 21st century, our national labs are the birthplace of innovation that creates new products and businesses and entire industries. Scientists are developing cutting-edge ways to power computers, to transmit new information, to heal the body. These innovations have great market potential in aviation, the military, medicine. They can be spun into high-tech businesses, changing the world, putting people to work.

In New Mexico, many companies have been formed as a result of discoveries at Los Alamos and Sandia National Labs. For example, Mustomo, Inc., a startup using technology developed at LANL, provides 3D ultrasound tomography for the detection of breast cancer, and technology from Sandia, used by TEAM Technologies, has created a device that can disable improvised explosive devices. Since 2010 over 4,000 units have been deployed and are saving lives in war zones right now.

But despite these amazing successes, we are operating at just a fraction of the potential. My home State could do so much more. New Mexico has all the ingredients to become a high-tech powerhouse. There are great minds at our national labs and military bases. We have fantastic universities and a booming energy industry. We need to create an environment to allow it to reach that potential. This is a major initiative of mine to help create the right formula to help industry take off in New Mexico. That is the purpose of my bill.

Almost a decade ago Congress created a Department of Energy Technology Transfer Coordinator to move innovation from the lab bench to the marketplace, to spur businesses and cutting-edge product development in New Mexico and across the Nation, to help entrepreneurs outside of the big-city powerhouses on the coasts get access to capital, to help them find partners in industry. But the Department has not come close to meeting its potential. A recent inspector general's report tells the story. It cited numerous deficiencies at DOE. The Department is over 7 years delinquent in finalizing its Technology Transfer Execution Plan, nor has DOE implemented a forward-looking process for its commercialization fund--over 2 years after being directed to do so by the former Secretary. In addition, the Technology Transfer Coordinator post at the Department has been vacant since April 2013. That is nearly 1 year after the previous Coordinator's departure. This position should be filled as quickly as possible with a qualified and motivated candidate.

Technology transfer is important in New Mexico and to the Nation, and the Department's failure to perform is unacceptable. My bill addresses these shortfalls. We can do better, and we have to. The first step is to make tech transfer a priority. Our goals are clear: consolidate bureaucracy, streamline contracting, and use models that have proven successful.

There are three key elements to my legislation.

First, it permanently authorizes new tools for the Secretary of Energy's new Department-wide technology transfer office to enable DOE and DOE's new Tech Transfer Coordinator to meet their responsibilities and to measure and report their progress. Better coordination is absolutely crucial so we can reduce barriers and efficiently use

the limited resources available. My bill requires that this office be accountable and responsible, that it work with the national labs and with industry in the right way at the Department and fully implement the EPACT Energy Technology Commercialization Fund--something DOE has yet to do according to Congress's original intent.

Second, the bill authorizes a new tech transfer corps, modeled on the National Science Foundation's Innovation Corps, to support investments in entrepreneurs, mentors, scientists, and engineers. It authorizes technology commercialization challenges that push--getting innovative technologies into the market--and also pull--enabling partnerships with industry to identify and focus on common challenges. It will also improve coordination of technology transfer and entrepreneurship priorities with universities, foundations, and nonprofits, both regionally and nationally.

Third, we adapt an existing public-private partnership model used by the Small Business Administration and apply it to technology transfer to increase access to capital for promising startup companies.

We are not asking for more money. We need to do more with what we have. We are not asking--and I want to emphasize that--we are not asking for more money. We need to do more with what we have. The bill requires DOE and SBA to work together, to use the strengths of each agency--DOE's innovative technology and SBA's financial acumen--and it increases investment in new technologies via the SBIC Impact and Early Stage Initiatives. The Impact Initiative includes SBA matching funds of up to $1 billion, and the Early Stage Initiative includes $1 billion more.

This collaboration addresses an important concern. Since 2008 less than 6 percent of these venture capital funds have been invested in seed funds and tech maturation, and 70 percent of that went into just three States--California, New York, and Massachusetts. There are great opportunities outside these three States. This bill will help those funds find them. States such as New Mexico have a surplus of innovative ideas and a lack of investment dollars. With this bill we can balance that equation.

The benefits are clear: new technology, new partnerships, and new opportunities. Cutting-edge research today means high-paying jobs tomorrow. American inventions and intellectual property fuel our economy. Mr. President, 75 U.S. industries are classified as intellectual property intensive. They added $5.8 trillion to U.S. output last year. They are 38 percent of our GDP. They directly or indirectly supply over 55 million jobs--jobs that on average pay 30 percent higher wages. These IP companies account for 74 percent of our exports.

We need to do all we can to support innovation and to improve technology transfer--the bridge between new discovery and new opportunity--to grow our economy, to create high-paying jobs. I believe this is something we can all support.

Last August I cohosted a tech transfer conference in Santa Fe. I met with nearly 200 of New Mexico's most successful entrepreneurs, innovators, and investors. We talked about the challenges and opportunities of technology transfer and how important it is to the future.

We have always succeeded by being one step ahead of the competition. American innovation has led the world in industry, in health care and transportation, in science and technology. The ATTAIN Act will help move that innovation from the lab to the marketplace, helping businesses grow, creating jobs, and keeping us competitive in a global marketplace.

For a student with a bright idea, for an entrepreneur with the drive to chase their dream, it can be a long road. Fortunately, they do not give up easily. They are as tough as they come. They are already giving so much with hard work, with taking risks. They do their part. DOE needs to do its part as well.

We all want to move innovation forward and to better coordinate the handoffs. I am committed to working with the Department of Energy to make this a reality. This is an important goal, and it should be an equally important priority. That is why I am introducing this bill today.

Mr. President, New Mexico is blessed with some of the world's finest scientists. Each day, brilliant researchers at our universities and national labs go to work, and the results are amazing. At the same time, entrepreneurs in New Mexico and across the country are looking for opportunities to leverage innovation and to create new high-tech products and applications.

I rise to introduce the Accelerating Technology Transfer to Advance Innovation for the Nation--what we are calling the ATTAIN Act. That is a long title and an important goal: to improve the Department of Energy's technology transfer mission and to move innovation from the lab to the market. This grows our economy and creates a greater impact from our research and development dollars.

But before I talk to my colleagues about what the bill does, I wish to explain why it is so important. Tech transfer may seem to be just some technical issue, affecting bureaucratic rules or regulations, but it is more. It is how innovation in the lab today helps create jobs tomorrow.

In the 21st century, our national labs are the birthplace of innovation that creates new products and businesses and entire industries. Scientists are developing cutting-edge ways to power computers, to transmit new information, to heal the body. These innovations have great market potential in aviation, the military, medicine. They can be spun into high-tech businesses, changing the world, putting people to work.

In New Mexico, many companies have been formed as a result of discoveries at Los Alamos and Sandia National Labs. For example, Mustomo, Inc., a startup using technology developed at LANL, provides 3D ultrasound tomography for the detection of breast cancer, and technology from Sandia, used by TEAM Technologies, has created a device that can disable improvised explosive devices. Since 2010 over 4,000 units have been deployed and are saving lives in war zones right now.

But despite these amazing successes, we are operating at just a fraction of the potential. My home State could do so much more. New Mexico has all the ingredients to become a high-tech powerhouse. There are great minds at our national labs and military bases. We have fantastic universities and a booming energy industry. We need to create an environment to allow it to reach that potential. This is a major initiative of mine to help create the right formula to help industry take off in New Mexico. That is the purpose of my bill.

Almost a decade ago Congress created a Department of Energy Technology Transfer Coordinator to move innovation from the lab bench to the marketplace, to spur businesses and cutting-edge product development in New Mexico and across the Nation, to help entrepreneurs outside of the big-city powerhouses on the coasts get access to capital, to help them find partners in industry. But the Department has not come close to meeting its potential. A recent inspector general's report tells the story. It cited numerous deficiencies at DOE. The Department is over 7 years delinquent in finalizing its Technology Transfer Execution Plan, nor has DOE implemented a forward-looking process for its commercialization fund--over 2 years after being directed to do so by the former Secretary. In addition, the Technology Transfer Coordinator post at the Department has been vacant since April 2013. That is nearly 1 year after the previous Coordinator's departure. This position should be filled as quickly as possible with a qualified and motivated candidate.

Technology transfer is important in New Mexico and to the Nation, and the Department's failure to perform is unacceptable. My bill addresses these shortfalls. We can do better, and we have to. The first step is to make tech transfer a priority. Our goals are clear: consolidate bureaucracy, streamline contracting, and use models that have proven successful.

There are three key elements to my legislation.

First, it permanently authorizes new tools for the Secretary of Energy's new Department-wide technology transfer office to enable DOE and DOE's new Tech Transfer Coordinator to meet their responsibilities and to measure and report their progress. Better coordination is absolutely crucial so we can reduce barriers and efficiently use

the limited resources available. My bill requires that this office be accountable and responsible, that it work with the national labs and with industry in the right way at the Department and fully implement the EPACT Energy Technology Commercialization Fund--something DOE has yet to do according to Congress's original intent.

Second, the bill authorizes a new tech transfer corps, modeled on the National Science Foundation's Innovation Corps, to support investments in entrepreneurs, mentors, scientists, and engineers. It authorizes technology commercialization challenges that push--getting innovative technologies into the market--and also pull--enabling partnerships with industry to identify and focus on common challenges. It will also improve coordination of technology transfer and entrepreneurship priorities with universities, foundations, and nonprofits, both regionally and nationally.

Third, we adapt an existing public-private partnership model used by the Small Business Administration and apply it to technology transfer to increase access to capital for promising startup companies.

We are not asking for more money. We need to do more with what we have. We are not asking--and I want to emphasize that--we are not asking for more money. We need to do more with what we have. The bill requires DOE and SBA to work together, to use the strengths of each agency--DOE's innovative technology and SBA's financial acumen--and it increases investment in new technologies via the SBIC Impact and Early Stage Initiatives. The Impact Initiative includes SBA matching funds of up to $1 billion, and the Early Stage Initiative includes $1 billion more.

This collaboration addresses an important concern. Since 2008 less than 6 percent of these venture capital funds have been invested in seed funds and tech maturation, and 70 percent of that went into just three States--California, New York, and Massachusetts. There are great opportunities outside these three States. This bill will help those funds find them. States such as New Mexico have a surplus of innovative ideas and a lack of investment dollars. With this bill we can balance that equation.

The benefits are clear: new technology, new partnerships, and new opportunities. Cutting-edge research today means high-paying jobs tomorrow. American inventions and intellectual property fuel our economy. Mr. President, 75 U.S. industries are classified as intellectual property intensive. They added $5.8 trillion to U.S. output last year. They are 38 percent of our GDP. They directly or indirectly supply over 55 million jobs--jobs that on average pay 30 percent higher wages. These IP companies account for 74 percent of our exports.

We need to do all we can to support innovation and to improve technology transfer--the bridge between new discovery and new opportunity--to grow our economy, to create high-paying jobs. I believe this is something we can all support.

Last August I cohosted a tech transfer conference in Santa Fe. I met with nearly 200 of New Mexico's most successful entrepreneurs, innovators, and investors. We talked about the challenges and opportunities of technology transfer and how important it is to the future.

We have always succeeded by being one step ahead of the competition. American innovation has led the world in industry, in health care and transportation, in science and technology. The ATTAIN Act will help move that innovation from the lab to the marketplace, helping businesses grow, creating jobs, and keeping us competitive in a global marketplace.

For a student with a bright idea, for an entrepreneur with the drive to chase their dream, it can be a long road. Fortunately, they do not give up easily. They are as tough as they come. They are already giving so much with hard work, with taking risks. They do their part. DOE needs to do its part as well.

We all want to move innovation forward and to better coordinate the handoffs. I am committed to working with the Department of Energy to make this a reality. This is an important goal, and it should be an equally important priority. That is why I am introducing this bill today.

Madam President, as we talk today about passing new laws, I would like to take a few minutes to talk about enforcing the laws the Congress has already passed.

I want to talk today about something that I believe has been pushed to the wayside too many times by the current administration, and that would be the Constitution of the United States.

Article II, section 3 of the U.S. Constitution declares that the President--

coming right out of the Constitution--that the President ``shall take care that the laws be faithfully executed.'' Simply put, constitutional requirements are just that--they are constitutional requirements. They are not constitutional suggestions. This is not something the Constitution does not clearly define. The branches of government in the Constitution are the judicial, the legislative, and the executive. And the job of the executive is, again, to do what? To ``take care that the laws be faithfully executed.''

Yet time and again President Obama has refused to enforce the law and shown a willingness, frankly, to misuse regulations, in my view, to sidestep the Congress, to sidestep what the law intended to do and, more importantly, to step around the Constitution. Whether it is issuing waivers to States from the work requirements contained in the bipartisan Welfare Reform Act of 1996 or announcing yet another change--and we are now at over two dozen changes and delays--in the President's own health care law, the current administration has sought ways, over and over again, to circumvent the Congress by picking and choosing which laws it wants to enforce--clearly not a power given the President in the Constitution.

In fact, there is a reason the legislative branch is article I of the Constitution. Because the Founders clearly saw the legislative branch as the branch that would determine the direction of the country, and the President's job was not to write the law, the President's job was to execute the law, to enforce the law.

People all over America are rightly concerned about government overreach. They are rightly concerned about government dysfunction. They are rightly concerned about a Senate that has not brought the appropriations bills to the floor the way they should come to the floor for over 7 years now, so we are not debating our priorities.

But it is the overreach, the dysfunction, the lack of compliance with the law and the seeming belief that somehow that is the President's job, to decide which laws we comply with as a country and which ones we do not, which laws the government enforces and which ones it does not enforce. That is not the President's job.

I introduced a bill this week to stop this overreach and to force President Obama to uphold the Constitution. The ENFORCE the Law Act, which is cosponsored by more than half of my Republican Senate colleagues, and which passed the House yesterday, permits Congress to authorize a lawsuit against the President if he fails to uphold the constitutional obligation to uphold the law.

Whenever we are asked, all of us as Members of the Senate, by people that we work for: How can the President decide he is not going to enforce the law, one of the responses we all have thoughtfully given to the other question of: What are you going to do about it, is at this point there is no standing of individual Members of Congress or even the entire body of the Senate or the body of the House to go to court and say: We have standing in court to have this law enforced.

This bill would become law, and a law that would give the Congress that standing. It effectively permits the Congress, either House of the Congress, to authorize a lawsuit against the President if he fails to uphold his constitutional obligation to faithfully execute the law.

If the President has a defense, this is a lawsuit. His side can go to court and defend that. But if he does not have a defense, he has sworn, as we have, to uphold the Constitution. This is not a partisan matter. This bill is important because it gives Congress the ability to combat executive disregard for the Congress no matter what party controls the White House or no matter what party controls the Congress.

The courts have ruled that individual Members of Congress lack standing to take the administration to court. We are not considered individually so-called ``aggrieved parties.'' That is why Members, whether it was the National Labor Relations Board case where the President thought he could decide whether the Senate was in session, instead of the Senate deciding whether the Senate was in session--I joined many of my colleagues to file an amicus brief. I am not a lawyer, but I am able to do that as a citizen, to file an amicus brief, a friend-of-the-court brief, saying why we thought the President was wrong and why we thought the people who were challenging the rules that this group created, that were put in power in an unconstitutional way-- we could file that but we could not initiate that. We could not go to court and say: We believe the law is not being enforced.

The ENFORCE Act removes that procedural barrier, so that a Member of the House, a Member of the Senate, can be empowered to bring a lawsuit in Federal court challenging the administration's refusal to enforce the law, challenging the administration's belief that on their own they can suspend the law, they can postpone the law, they can delay the law.

If the law gives the President the ability to do that, it is going to be in the clear black-and-white letters of the law. It is not there now. The ENFORCE Act provides an expedited process so that if this lawsuit is initiated this way, by one or both Houses of the Congress against the administration for not faithfully executing the law, it goes immediately to a three-judge panel in the U.S. district court and then goes directly to the Supreme Court if there is an appeal.

This is an a easy way to solve this problem. It is a way that creates standing to define who is constitutionally obligated to do a job that they are not doing. It is time we reestablished the proper limits on the executive branch. The Founders believed in separation of powers. It is the responsibility of the Congress to protect the idea they came up with in a document for the first time that was a governing document, the idea of checks and balances. If you eliminate that idea of checks and balances, you eliminate the miracle of the Constitution.

I urge my colleagues on both sides of the aisle to join me and others in supporting this effort to stop executive overreach and encourage the President to enforce the law. The Constitution still matters. The Constitution deserves to be defended. This is a way the Members of the Congress of the United States can give themselves the ability to launch that defense.

Again, I urge my colleagues to join me in supporting this bill that the House passed yesterday. All we have to do to do our part is step forward and pass this legislation.

I suggest the absence of a quorum.

Mr. President, I rise today to introduce S. 2132, the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014.

In recent years, the Committee on Indian Affairs has received concerns from Indian tribes and the energy industry that the Federal laws governing the development of tribal energy resources are complex and often lead to significant costs, delays, and uncertainty for all parties. These costs, delays, and uncertainties discourage development of tribal energy resources and drive investments away from tribal lands.

According to the National Congress of American Indians, Indian tribes hold nearly a quarter of American onshore oil and gas reserves. Yet, existing tribal energy production represents less than 5 percent of the current national production. If we can remove the costs and delays of developing energy on Indian lands, we could potentially see the country's energy production, and thus energy independence, increase significantly.

Over 8 years ago, Congress passed the Indian Tribal Energy Development and Self-Determination Act. This act created a new, alternative process for Indian tribes to take control of developing their energy resources on their own lands without the burdens of administrative review, approval, and oversight. This approach gives Indian tribes the option to enter into tribal energy resource agreements with the Secretary of the Interior. Once an Indian tribe enters into this agreement, it has the authority to enter into subsequent leases, business agreements, and rights-of-way affecting energy development, without further review and approval by the Secretary--a significant departure from the standard laws, and consequent bureaucracy, applicable to tribal contracts. That approach was a step in the right direction.

However, the agreements and process authorized under the Indian Tribal Energy Development and Self-Determination Act have not been utilized to the extent that they could be, primarily because the implementation of the act has been made more complex than it should be. It is time we make key improvements to the law so that Indian tribes can take advantage of these agreements and significantly reduce bureaucratic burdens to energy development. Years of consultation and outreach to Indian tribes have produced targeted solutions to address the concerns about the process for entering these agreements.

The bill that I am introducing today, S. 2132, would streamline the process for approving the tribal energy resource agreements and make it more predictable for Indian tribes.

I would like to highlight some of the key provisions in this bill. This bill includes a number of amendments to improve the review and approval process for the tribal energy resource agreements. For example, the bill provides clarity regarding the specific information required for tribal applications for these agreements. In addition, the bill sets forth specific timeframes for Secretarial determinations on the agreement applications. Moreover, if an application is disapproved, this bill would require the Secretary of the Interior to provide detailed explanations to the Indian tribe and steps for addressing the reasons for disapproval.

This bill also has various provisions that would improve technical assistance and consultation with Indian tribes during their energy planning and development stages. The bill also includes an amendment to the Federal Power Act that would put Indian tribes on a similar footing with States and municipalities for preferences when preliminary permits or original licenses for hydroelectric projects are issued.

Additionally, S. 2132 would allow Indian tribes and third parties to perform appraisals to help expedite the Secretary's approval process for tribal agreements for mineral resource development. This bill does not focus on only traditional resource development,

but includes renewal resource development components as well. For example, the bill would create tribal biomass demonstration projects to provide Indian tribes with more reliable and potentially longterm supplies of woody biomass materials.

My bill is intended to provide Indian tribes with the tools to develop and use energy more efficiently. In passing this bill, Congress will enhance the ability of Indian tribes to exercise self- determination over the development of energy resources located on tribal lands, thereby improving the lives and economic well-being of Native Americans.

Before I conclude, I would like to thank Senators Enzi, Thune, Hoeven, and McCain for joining me in cosponsoring the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014. I urge my colleagues to join me in advancing S. 2132 expeditiously.