Unlocking Consumer Choice and Wireless Competition Act

Mr. President, I want to tell you about a wounded warrior.

He was fitted with a prosthetic leg that fit reasonably well and he was able to carry on with his life. But from time to time his leg would give out.

He would fall, but he carried on.

Then he and his wife were blessed with their first child. He was immensely happy to be a father. But he was terrified to hold his baby.

He was afraid that his leg would give out and he would fall and hurt his baby.

Can you imagine going to war to make the world safe for your children and then being afraid to hold your own child?

One day this young father mentioned his fear to a prosthetics practitioner, who began researching other prosthetic legs and was able to find a leg that fit him better and was more stable.

Finally, that new father was able to hold his baby without fear.

Most Americans will never need for a prosthetic limb. But many do. They include people who suffer catastrophic injuries in battle and accidents and others who lose limbs to illnesses such as cancer and diabetes.

For these people, proper-fitting, advanced prosthetics and orthotics fitted by highly trained, experienced clinicians can mean the difference between constant pain and discomfort--and a certain amount of anxiety, or living a happier, healthier and more productive life.

Let me tell you about another veteran who lives in Illinois.

He lost a leg in Vietnam.

He was fitted with a prosthetic leg that included a hydraulic knee unit. That was the state of the art decades ago.

Several times a year he would fall. Many of the falls resulted in broken bones and other injuries.

This veteran was also overweight, with high blood pressure.

About 6 years ago, he was fitted with his first computer-controlled knee.

He had more stability and more range of motion. He moved with more confidence.

With his new, advanced knee, he was able to exercise. He lost weight.

His health improved and he was able to stop taking multiple medications. He is living a happier, healthier life.

Finding the right prosthetic is more than luck or guess work. It requires a great deal of education, training and experience. There are many talented prosthetic clinicians working today in Veterans Administration Hospitals and other hospitals and rehabilitation clinics.

But we have a problem. Just as the need for these health professionals is increasing, many are retiring.

Wounded warriors deserve the best medical care our grateful Nation has to offer.

Today, with Senators Blumenthal and Harkin, I am introducing two bills to help ensure that service members and veterans who need prosthetics receive the care and equipment they deserve.

The first bill, the Wounded Warrior Workforce Enhancement Act, will establish a competitive grant program at the Department of Veterans Affairs to train more health professionals in the fields of orthotics and prosthetics.

These grants can be used to create new degree programs or expand existing programs in these fields.

Our bill will also require the VA to establish a Center of Excellence in Prosthetic and Orthotic Education to research and share information about the knowledge, skills, and training clinical professionals in the field need the most.

The work at the Center would add to higher education's clinical expertise to train the students going into prosthetics and orthotics.

The second bill we are introducing today, the Wounded Warrior Research Enhancement Act, directs the Secretary of Defense to establish an ongoing program of research and best practices in orthotics and prosthetics care.

We ask OD to then make sure clinical professionals serving service members and veterans are kept up to date on innovations in technology and care.

In the wars in both Iraq and Afghanistan, tens of thousands of our service members have been wounded by roadside bombs, rocket propelled grenades and small arms fire.

As our involvement in these wars winds down, many returning veterans are living with complex wounds that require sophisticated prosthetics and orthotics.

We can build on the breakthrough advances made by researchers at the Rehabilitation Institute of Chicago and by private providers such as Scheck & Siress, founded in Oak Park, IL.

Northwestern University in Evanston, Illinois, is home to the largest and oldest prosthetics and orthotics program in the Western Hemisphere.

It offers first-rate master's level education and training and graduates 50 clinicians every year.

Northwestern can be a model for other universities around the country to meet the needs of veteran amputees.

New technologies are improving the quality of life for amputees. We need to make sure that clinicians in the field have the skills and training to help veterans take advantage of these advances.

Recently the standard for entry-level qualifications for clinicians in prosthetics was changed to require a master's degree.

That makes sense. There is a lot to know. But right now there are not enough master's degree programs in our universities to meet the current demands for prosthetics and orthotics technicians.

Many experienced clinicians are nearing retirement age.

Veterans are not the only people who benefit when we train more clinicians in the fields of prosthetics and orthotics.

As America's population ages and rates of diabetes and cardiovascular disease increase, more Americans find themselves in need of prosthetics and orthotics. They, too, will benefit from this investment in research and training.

When we ask our service members to risk their lives for us, they don't say, ``Ask me later.'' They go.

If they come home needing a new limb, we shouldn't tell them, ``Ask me later.''

We know that the VA is facing a critical and impending shortage of clinicians who are trained in prosthetics and orthotics.

By working together now, we can prevent that shortage and help America's wounded warriors live the fullest lives possible. I hope my colleagues will join me in this effort.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce the Providing Resources Early for Kids Act of 2013--the PRE-K Act.

Research shows that quality early education is foundational for success in school and in life.

The PRE-K Act will help more children enter school ready to succeed. It creates a new federal-state partnership to provide better preschool opportunities for our country's children. High quality preschool makes the biggest difference, so this bill focuses on quality.

The PRE-K Act would provide Federal grants to States to strengthen quality. States could use the funding to increase the number of highly trained early educators in preschool classrooms.

The bill would improve the student-to-teacher ratios in preschools; provide vital comprehensive services such as health screenings and nutritional assistance.

The bill would increase the hours per day and weeks per year families have access to high quality early education programs; and improve programs for our youngest children, from birth to three years old.

States would need to coordinate with existing Head Start providers and their State Advisory Councils.

The PRE-K Act recognizes that not all states have a high-quality state preschool program in place yet. This bill meets states where they are. States that already have a high-quality program could apply as ``Qualified States'' and get money improve quality and expand to serve more children. Other States, like Hawaii, could apply as ``Selected States,'' earning Federal grants to establish a high-quality preschool program within two years.

In Hawaii, Governor Abercrombie is leading the fight to build a State preschool program for low-income families. The PRE-K Act could support Hawaii's efforts through Federal partnership grants.

Decades of research show that high quality early education programs can help kids enter kindergarten ready to learn and avoid falling behind. Later in life, kids who have high-quality preschool are more likely to avoid crime or teen pregnancy, graduate high school and college, earn more income, pay taxes, and need fewer public services.

The studies have found that investing $1 in quality early learning can bring a return on investment of between $2 and $17 down the line. A University of Hawaii/Good Beginnings Alliance study of a theoretical Hawaii program found we'd get $4.20 for every $1 invested. In this tight fiscal environment, wise Federal spending is key. High quality early learning is one of the best investments we can make.

That is why business and financial leaders, from the Hawaii Business Roundtable to Federal Reserve Chairman Ben Bernanke, agree that quality early education is critically important in providing the tools children need for success in school and in adulthood.

Law enforcement officials know that quality early learning helps prevent kids from falling behind, dropping out of high school, or getting involved in crime. High-ranking military leaders have also stressed the importance of quality early education as a national security issue. Today 75 percent of Americans age 17 to 24 are ineligible for military service due to poor education, physical un- fitness, or involvement with crime. Quality early learning helps kids get on the right path--before they fall behind.

Parents know the high cost of child care is difficult to afford. If parents can't find child care, they can't go to work. Parents also want more than just supervision for their children. They want to know their children are being engaged by effective teachers who are preparing them academically, socially, and emotionally for success in school.

Teachers and school administrators know firsthand that their students who come to kindergarten with quality preschool are more likely to succeed. Special education professionals and advocates for students with disabilities know that quality early learning can identify disabilities early and bring intervention to get kids on track with their peers.

Education is the great equalizer, and starting children on an early path to success is critical. I have been working to strengthen quality early education for over a decade. As Lieutenant Governor, I helped establish Hawaii's Pre-Plus program, which constructed preschool classrooms for use by nonprofit, private, or public preschools. In the U.S. House of Representatives, I first introduced the PRE-K Act in 2007. The

bill passed through the House Education and Labor Committee with a bipartisan vote. President Obama has made quality early learning a key part of his education platform. I helped lead a coalition of over 100 bipartisan House members to enact and fund President Obama's Early Learning Challenge. We also fought for increases in Head Start and Child Care subsidies to serve more children and families.

In his 2013 State of the Union address, President Obama called for new Federal support for high-quality state preschool. This is the first time in a generation that a president has used the State of the Union address to call for expanding preschool access. The PRE-K Act answers this call.

The time is right. I look forward to working with my colleagues in the House and Senate to move this forward.

Madam President, last week I introduced bipartisan legislation with Senator Collins to combat the straw purchasing and trafficking of firearms. We were joined by other Senators from both sides of the aisle. We have made good progress since then. Last Thursday, the Senate Judiciary Committee voted for our bill as an amendment to the Stop Illegal Trafficking in Firearms Act, S. 54. This is the first legislative vote on measures related to gun violence in either the Senate or the House since the Newtown tragedy. Every Democratic Senator on the Committee voted in favor of our bill and we were joined in that support by the Committee's ranking Republican, Senator Grassley. I appreciate Senator Grassley's cooperation in getting our bill reported after weeks of consultation and I look forward to working closely with him as we move forward.

The White House called the Judiciary Committee action ``an important bipartisan step'' that takes on ``the very serious problem of gun trafficking.'' At the signing of the Violence Against Women Reauthorization Act and Trafficking Victims Protection Reauthorization Act last Thursday, the President called the Judiciary Committee's action on our bill a ``big step'' and ``real progress.'' He noted that our bill ``would crack down on folks who buy guns only to turn around and funnel them to dangerous criminals.''

I want to continue to make progress on this legislation and other bills that can be effective in reducing illegal gun violence in our country. We have the strong support of several leading law enforcement organizations including the Fraternal Order of Police, the FBI Agents Association, the Major Cities Chiefs Association, the Federal Law Enforcement Officers Association, and

the National Organization of Black Law Enforcement Executives. Last week I received a letter from the NAACP lending their strong support to our efforts. I thank all of these organizations for their assistance and support.

Tomorrow, the Judiciary Committee will continue its work on three remaining gun violence measures that have been on our agenda for the past weeks: Senator Schumer's proposal to expand requirements for background checks, Senator Boxer's proposal to enhance the safety of our schools, and Senator Feinstein's bill to reinstitute an assault weapons ban. I aim by the end of the week to have completed Judiciary Committee action on these legislative proposals.

At the bill signing last Thursday, the President observed that we were able finally to pass the Violence Against Women and Trafficking Victims Protection legislation on a bipartisan basis because the American people spoke up. That is what happened on VAWA when a group of House Republicans switched their position to support passing the VAWA bill that they had not supported last year.

That is what is also needed in the context of gun violence legislation. Seven of the eight Republican Senators on the Judiciary Committee voted against closing the loophole in the law to combat straw purchasing and gun trafficking. If we are going to be able to close loopholes in our background check system, improve school safety with more resources for resource officers that include counselors and officers, and if we are going to outlaw straw purchasing and gun trafficking, the American people need to speak up and be heard. If Congress is going to place limits on high capacity clips, it will be because the American people demand such action.

(The remarks of Mr. Leahy pertaining to the introduction of S. 517 are printed in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Mr. President, I come to the floor today to introduce the Expanding Access to Capital for Entrepreneurial Leaders Act, or the EXCEL Act. This legislation will enhance the already successful Small Business Investment Company, SBIC, program at the Small Business Administration, SBA, that has helped over 100,000 small businesses. The best part of this bill is that the EXCEL Act should not cost the taxpayer anything.

The SBA runs a venture capital program by guaranteeing money borrowed by qualified investment funds who invest in small businesses. The qualified funds, or Small Business Investment Companies, SBICs, are privately owned and operated, but licensed and regulated by the SBA. Using a combination of private investments and the loans guaranteed by the SBA, typically at a ratio of $2 in guaranteed funds for every $1 of private capital, SBICs make longterm investments in American small businesses. In order to participate in the program, funds pay licensing fees which serve to cover all SBIC program costs. As a result, the core SBIC program, Debenture SBICs, not only boasts a strong success rate, but also incurs no cost to the U.S. government. Since the program's inception, over $50 billion has been invested in over 100,000 small businesses.

In the last Congress, the former Ranking Member of the Small Business Committee, Senator Olympia Snowe, and I conducted a roundtable with 14 participants from the SBA, SBICs, SBIC investors, and small businesses to elicit suggestions on enhancing the program. Out of that was born the EXCEL Act.

The EXCEL Act is a bipartisan effort encompassing much-needed changes that will allow the SBIC program to meet growing demand and will make improvements so that more small businesses can access capital.

First, the EXCEL Act raises the SBIC program authorization level from $3 billion to $4 billion and pegs it to inflation. This change is long overdue--the ceiling has been at $3 billion for some time, despite inflation and the impressive growth in the SBIC program. To illustrate: the program grew 50 percent in fiscal year 2011 alone. In order to meet demand, we need to give the program room to grow.

Secondly, the EXCEL Act will encourage successful investors by raising the limit on ``families of funds.'' Family of funds refers to a team of SBIC fund managers who operate several funds. These are currently limited to $225 million of SBA-guaranteed debt. However, SBIC fund managers who manage more than one fund generally see better investment results. The EXCEL Act will encourage that kind of success by giving families of funds a higher limit of $350 million, which will be indexed to inflation.

Next, the EXCEL Act improves transparency and accountability in the program. The legislation requires that the SBA make public how effective individual SBICs are in their small business investments, guaranteeing that SBA-backed money is being used responsibly.

Finally, the EXCEL Act promotes outreach, thereby ensuring that the maximum possible number of small businesses can benefit from the SBIC program. The legislation encourages outreach to community banks and other lenders, states and municipalities, and asks the SBA to make their SBIC website more user-friendly.

The EXCEL Act contains a number of commonsense provisions that have had support across the aisle. It enhances a program with proven success in providing capital to small businesses, and does so with the expectation that it will not add a dime to the deficit. Let us get this bill passed. Let us help small businesses excel.

Mr. President, today I am introducing bipartisan legislation that will help promote competition in the wireless industry and restore consumer choice. From 2006 until last year, an exemption to the Digital Millennium Copyright Act, DMCA, permitted cell phone users to ``unlock'' their cell phones when their contract expired, allowing them to change wireless providers and thereby promoting consumer choice. This exemption has enhanced competition in the cell phone market, but it was allowed to expire last year.

Over the past few weeks and months, consumers have spoken clearly-- they want to retain the right to transfer their cell phones between wireless providers, if they so choose, when their contracts expire. I agree, which is why today I am pleased to introduce the Unlocking Consumer Choice and Wireless Competition Act, along with Senator Grassley, Senator Hatch, Senator Lee and Senator Franken, who chairs the Judiciary Committee's Subcommittee on Privacy, Technology and the Law. We are working closely with Chairman Goodlatte and members of the House Judiciary Committee to pass commonsense legislation and provide consumers with better choice.

The Unlocking Consumer Choice and Wireless Competition Act reestablishes the Library of Congress's rule permitting cell phone unlocking. It also directs the Library to undertake a new proceeding to consider whether to broaden this exemption to allow unlocking of other wireless devices such as tablets. At a time when the line between phone and tablet is beginning to blur, it makes sense for the Library to consider extending this exemption to those devices as well.

The DMCA maintains an important balance between protecting copyright owners and users. It was designed to be sufficiently flexible to meet the challenges of an ever-evolving digital copyright world. Every 3 years, the Library of Congress conducts its public review of the exemptions permitted under the DMCA to help promote that flexibility. Unfortunately, in its most recent proceeding, there was not a sufficient record for the Library to continue the cell phone exemption, despite the strong merits of the rule. Our legislation restores the important exemption that had been in effect in previous years. Although Congress has stepped in in this instance to restore an important policy objective, I urge parties in future rulemakings to provide a more full record so that the rulemaking process can proceed as it was designed.

When I wrote the DMCA, the law was intended to allow choice and protect consumers. This straightforward restoring bill furthers that objective. When consumers finish the terms of their contract, they should be able to keep their phones and make their own decision about which wireless provider to use. They should not be forced to stay with their original provider due to software that restricts a phone to only one network. I am pleased that many wireless providers already sell unlocked phones, or will unlock phones for consumers once contracts expire, but that does not mean that consumers should face penalties under the DMCA for taking those same steps on their own. This bill will protect and promote competition in the wireless market by allowing consumers to bring their phones with them to the provider that best suits their needs.

I urge all Senators to support this narrow, commonsense legislation to protect consumers and promote competition.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.