[Congressional Record Volume 161, Number 46 (Wednesday, March 18, 2015)]
[Senate]
[Pages S1630-S1633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CORNYN (for himself and Mr. Wyden):
  S. 779. A bill to provide for Federal agencies to develop public 
access policies relating to research conducted by employees of that 
agency or from funds administered by that agency; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 779

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fair Access to Science and 
     Technology Research Act of 2015''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Federal Government funds basic and applied research 
     with the expectation that new ideas and discoveries that 
     result from the research, if shared and effectively 
     disseminated, will advance science and improve the lives and 
     welfare of people of the United States and around the world;
       (2) the Internet makes it possible for this information to 
     be promptly available to every scientist, physician, 
     educator, and citizen at home, in school, or in a library; 
     and
       (3) the United States has a substantial interest in 
     maximizing the impact and utility of the research it funds by 
     enabling a wide range of reuses of the peer-reviewed 
     literature that reports the results of such research, 
     including by enabling computational analysis by state-of-the-
     art technologies.

     SEC. 3. DEFINITION OF FEDERAL AGENCY.

       In this Act, the term ``Federal agency'' means an Executive 
     agency, as defined under section 105 of title 5, United 
     States Code.

     SEC. 4. FEDERAL RESEARCH PUBLIC ACCESS POLICY.

       (a) Requirement To Develop Policy.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, each Federal agency with extramural 
     research expenditures of over $100,000,000 shall develop a 
     Federal research public access policy that is consistent with 
     and advances the purposes of the Federal agency.
       (2) Common procedures.--To the extent practicable, Federal 
     agencies required to develop a policy under paragraph (1) 
     shall follow common procedures for the collection and 
     depositing of research papers.
       (b) Content.--Each Federal research public access policy 
     shall provide for--
       (1) submission to the Federal agency of an electronic 
     version of the author's final manuscript of original research 
     papers that have been accepted for publication in peer-
     reviewed journals and that result from research supported, in 
     whole or in part, from funding by the Federal Government;
       (2) the incorporation of all changes resulting from the 
     peer review publication process in the manuscript described 
     under paragraph (1);
       (3) the replacement of the final manuscript with the final 
     published version if--
       (A) the publisher consents to the replacement; and
       (B) the goals of the Federal agency for functionality and 
     interoperability are retained;
       (4) free online public access to such final peer-reviewed 
     manuscripts or published versions as soon as practicable, but 
     not later than 6 months after publication in peer-reviewed 
     journals;
       (5) providing research papers as described in paragraph (4) 
     in formats and under terms that enable productive reuse, 
     including computational analysis by state-of-the-art 
     technologies;
       (6) production of an online bibliography of all research 
     papers that are publicly accessible under the policy, with 
     each entry linking to the corresponding free online full 
     text; and
       (7) long-term preservation of, and free public access to, 
     published research findings--
       (A) in a stable digital repository maintained by the 
     Federal agency; or
       (B) if consistent with the purposes of the Federal agency, 
     in any repository meeting conditions determined favorable by 
     the Federal agency, including free public access, 
     interoperability, and long-term preservation.
       (c) Application of Policy.--Each Federal research public 
     access policy shall--
       (1) apply to--
       (A) researchers employed by the Federal agency whose works 
     remain in the public domain; and
       (B) researchers funded by the Federal agency;
       (2) provide that works described under paragraph (1)(A) 
     shall be--
       (A) marked as being public domain material when published; 
     and
       (B) made available at the same time such works are made 
     available under subsection (b)(4); and
       (3) make effective use of any law or guidance relating to 
     the creation and reservation of a Government license that 
     provides for the reproduction, publication, release, or other 
     uses of a final manuscript for Federal purposes.

[[Page S1631]]

       (d) Exclusions.--Each Federal research public access policy 
     shall not apply to--
       (1) research progress reports presented at professional 
     meetings or conferences;
       (2) laboratory notes, preliminary data analyses, notes of 
     the author, phone logs, or other information used to produce 
     final manuscripts;
       (3) classified research, research resulting in works that 
     generate revenue or royalties for authors (such as books) or 
     patentable discoveries, to the extent necessary to protect a 
     copyright or patent; or
       (4) authors who do not submit their work to a journal or 
     works that are rejected by journals.
       (e) Patent or Copyright Law.--Nothing in this Act shall be 
     construed to affect any right under the provisions of title 
     17 or 35, United States Code.
       (f) Report.--
       (1) In general.--Not later than October 1 of each year, the 
     head of each Federal agency shall submit a report on the 
     Federal research public access policy of that Federal agency 
     to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Government Reform of the 
     House of Representatives;
       (C) the Committee on Science and Technology of the House of 
     Representatives;
       (D) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (E) the Committee on Health, Education, Labor, and Pensions 
     of the Senate; and
       (F) any other committee of Congress of appropriate 
     jurisdiction.
       (2) Content.--Each report under this subsection shall 
     include--
       (A) a statement of the effectiveness of the Federal 
     research public access policy in providing the public with 
     free online access to papers on research funded by the 
     Federal agency;
       (B) the results of a study by the Federal agency of the 
     terms of use applicable to the research papers described in 
     subsection (b)(4), including--
       (i) a statement of whether the terms of use applicable to 
     such research papers are effective in enabling productive 
     reuse and computational analysis by state-of-the-art 
     technologies; and
       (ii) an examination of whether such research papers should 
     include a royalty-free copyright license that is available to 
     the public and that permits the reuse of those research 
     papers, on the condition that attribution is given to the 
     author or authors of the research and any others designated 
     by the copyright owner;
       (C) a list of papers published in peer-reviewed journals 
     that report on research funded by the Federal agency;
       (D) a corresponding list of papers made available by the 
     Federal agency as a result of the Federal research public 
     access policy; and
       (E) a summary of the periods of time between public 
     availability of each paper in a journal and in the online 
     repository of the Federal agency.
       (3) Public availability.--A Federal agency shall make the 
     statement under paragraph (2)(A) and the lists of papers 
     under subparagraphs (B) and (C) of paragraph (2) available to 
     the public by posting such statement and lists on the website 
     of the Federal agency.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Grassley, and Mr. Blumenthal):
  S. 780. A bill to permit the televising of Supreme Court proceedings; 
to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 780

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cameras in the Courtroom 
     Act''.

     SEC. 2. AMENDMENT TO TITLE 28.

       (a) In General.--Chapter 45 of title 28, United States 
     Code, is amended by inserting at the end the following:

     ``Sec. 678. Televising Supreme Court proceedings

       ``The Supreme Court shall permit television coverage of all 
     open sessions of the Court unless the Court decides, by a 
     vote of the majority of justices, that allowing such coverage 
     in a particular case would constitute a violation of the due 
     process rights of 1 or more of the parties before the 
     Court.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     45 of title 28, United States Code, is amended by inserting 
     at the end the following:

``678. Televising Supreme Court proceedings.''.
                                 ______
                                 
      By Mr. GRASSLEY (for himself, Mr. Schumer, Mr. Durbin, Mr. 
        Cornyn, Mr. Leahy, Mr. Graham, Mr. Markey, and Mr. Blumenthal):
  S. 783. A bill to provide for media coverage of Federal court 
proceedings; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, this week is Sunshine Week, when we 
affirm the public's right to know how their government is run. Sunshine 
Week, which began as Sunshine Sunday in 2002, emphasizes the importance 
of transparency and accountability in a government of the people, by 
the people, and for the people. In the spirit of government 
transparency, we are pleased to introduce the Sunshine in the Courtroom 
Act of 2015. This important piece of bipartisan legislation furthers 
the public's access to court proceedings by permitting federal judges 
at all federal court levels to open their courtrooms to television 
cameras and radio broadcasts.
  Openness in our courts improves the public's understanding of what 
happens inside our courts. Our judicial system remains a mystery to too 
many people across the country. That doesn't need to continue. Letting 
the sun shine in on Federal courtrooms will give Americans an 
opportunity to better understand the judicial process. Courts are the 
bedrock of the American justice system. Granting the public greater 
access to an already public proceeding will inspire greater faith in 
and appreciation for our judges who pledge equal and impartial justice 
for all.
  For decades, States such as my home State of Iowa have allowed 
cameras in their courtrooms with great results. As a matter of fact, 
all 50 States and the District of Columbia now allow some news coverage 
of proceedings.
  The bill I am introducing today, along with Senator Schumer and a 
number of cosponsors from both sides of the aisle, including Judiciary 
Committee Ranking Member Leahy, will greatly improve public access to 
federal courts by letting federal judges open their courtrooms to 
television cameras and other forms of electronic media.
  The Sunshine in the Courtroom Act is full of provisions that ensure 
that the introduction of cameras and other broadcasting devices into 
courtrooms goes as smoothly as it has at the state level. First, the 
presence of the cameras Federal trial and appellate courts is at the 
sole discretion of the judges--it is not mandatory. The bill also 
provides a mechanism for Congress to study the effects of this 
legislation on our judiciary before making this change permanent 
through a 3-year sunset provision. The bill protects the privacy and 
safety of non-party witnesses by giving them the right to have their 
faces and voices obscured. The bill prohibits the televising of jurors. 
Finally, it includes a provision to protect the due process rights of 
each party.
  We need to open the doors and let the light shine in on the Federal 
Judiciary. This bill improves public access to and therefore 
understanding of our Federal courts. It has safety provisions to ensure 
that the cameras won't interfere with the proceedings or with the 
safety or due process of anyone involved in the cases. Our States have 
allowed news coverage of their courtrooms for decades. It is time we 
join them.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows.

                                 S. 783

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sunshine in the Courtroom 
     Act of 2015''.

     SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.

       (a) Definitions.--In this section:
       (1) Presiding judge.--The term ``presiding judge'' means 
     the judge presiding over the court proceeding concerned. In 
     proceedings in which more than 1 judge participates, the 
     presiding judge shall be the senior active judge so 
     participating or, in the case of a circuit court of appeals, 
     the senior active circuit judge so participating, except 
     that--
       (A) in en banc sittings of any United States circuit court 
     of appeals, the presiding judge shall be the chief judge of 
     the circuit whenever the chief judge participates; and
       (B) in en banc sittings of the Supreme Court of the United 
     States, the presiding judge shall be the Chief Justice 
     whenever the Chief Justice participates.
       (2) Appellate court of the united states.--The term 
     ``appellate court of the United States'' means any United 
     States circuit court of appeals and the Supreme Court of the 
     United States.
       (b) Authority of Presiding Judge To Allow Media Coverage of 
     Court Proceedings.--

[[Page S1632]]

       (1) Authority of appellate courts.--
       (A) In general.--Except as provided under subparagraph (B), 
     the presiding judge of an appellate court of the United 
     States may, at the discretion of that judge, permit the 
     photographing, electronic recording, broadcasting, or 
     televising to the public of any court proceeding over which 
     that judge presides.
       (B) Exception.--The presiding judge shall not permit any 
     action under subparagraph (A), if--
       (i) in the case of a proceeding involving only the 
     presiding judge, that judge determines the action would 
     constitute a violation of the due process rights of any 
     party; or
       (ii) in the case of a proceeding involving the 
     participation of more than 1 judge, a majority of the judges 
     participating determine that the action would constitute a 
     violation of the due process rights of any party.
       (2) Authority of district courts.--
       (A) In general.--
       (i) Authority.--Notwithstanding any other provision of law, 
     except as provided under clause (iii), the presiding judge of 
     a district court of the United States may, at the discretion 
     of that judge, permit the photographing, electronic 
     recording, broadcasting, or televising to the public of any 
     court proceeding over which that judge presides.
       (ii) Obscuring of witnesses.--Except as provided under 
     clause (iii)--

       (I) upon the request of any witness (other than a party) in 
     a trial proceeding, the court shall order the face and voice 
     of the witness to be disguised or otherwise obscured in such 
     manner as to render the witness unrecognizable to the 
     broadcast audience of the trial proceeding; and
       (II) the presiding judge in a trial proceeding shall inform 
     each witness who is not a party that the witness has the 
     right to request the image and voice of that witness to be 
     obscured during the witness' testimony.

       (iii) Exception.--The presiding judge shall not permit any 
     action under this subparagraph--

       (I) if that judge determines the action would constitute a 
     violation of the due process rights of any party; and
       (II) until the Judicial Conference of the United States 
     promulgates mandatory guidelines under paragraph (5).

       (B) No media coverage of jurors.--The presiding judge shall 
     not permit the photographing, electronic recording, 
     broadcasting, or televising of any juror in a trial 
     proceeding, or of the jury selection process.
       (C) Discretion of the judge.--The presiding judge shall 
     have the discretion to obscure the face and voice of an 
     individual, if good cause is shown that the photographing, 
     electronic recording, broadcasting, or televising of the 
     individual would threaten--
       (i) the safety of the individual;
       (ii) the security of the court;
       (iii) the integrity of future or ongoing law enforcement 
     operations; or
       (iv) the interest of justice.
       (D) Sunset of district court authority.--The authority 
     under this paragraph shall terminate 3 years after the date 
     of the enactment of this Act.
       (3) Interlocutory appeals barred.--The decision of the 
     presiding judge under this subsection of whether or not to 
     permit, deny, or terminate the photographing, electronic 
     recording, broadcasting, or televising of a court proceeding 
     may not be challenged through an interlocutory appeal.
       (4) Advisory guidelines.--The Judicial Conference of the 
     United States may promulgate advisory guidelines to which a 
     presiding judge, at the discretion of that judge, may refer 
     in making decisions with respect to the management and 
     administration of photographing, recording, broadcasting, or 
     televising described under paragraphs (1) and (2).
       (5) Mandatory guidelines.--Not later than 6 months after 
     the date of enactment of this Act, the Judicial Conference of 
     the United States shall promulgate mandatory guidelines which 
     a presiding judge is required to follow for obscuring of 
     certain vulnerable witnesses, including crime victims, minor 
     victims, families of victims, cooperating witnesses, 
     undercover law enforcement officers or agents, witnesses 
     subject to section 3521 of title 18, United States Code, 
     relating to witness relocation and protection, or minors 
     under the age of 18 years. The guidelines shall include 
     procedures for determining, at the earliest practicable time 
     in any investigation or case, which witnesses should be 
     considered vulnerable under this section.
       (6) Procedures.--In the interests of justice and fairness, 
     the presiding judge of the court in which media use is 
     desired has discretion to promulgate rules and disciplinary 
     measures for the courtroom use of any form of media or media 
     equipment and the acquisition or distribution of any of the 
     images or sounds obtained in the courtroom. The presiding 
     judge shall also have discretion to require written 
     acknowledgment of the rules by anyone individually or on 
     behalf of any entity before being allowed to acquire any 
     images or sounds from the courtroom.
       (7) No broadcast of conferences between attorneys and 
     clients.--There shall be no audio pickup or broadcast of 
     conferences which occur in a court proceeding between 
     attorneys and their clients, between co-counsel of a client, 
     between adverse counsel, or between counsel and the presiding 
     judge, if the conferences are not part of the official record 
     of the proceedings.
       (8) Expenses.--A court may require that any accommodations 
     to effectuate this Act be made without public expense.
       (9) Inherent authority.--Nothing in this Act shall limit 
     the inherent authority of a court to protect witnesses or 
     clear the courtroom to preserve the decorum and integrity of 
     the legal process or protect the safety of an individual.
                                 ______
                                 
      By Ms. WARREN (for herself, Mr. Franken, Mr. Bennet, Mr. Reed, 
        Mr. Leahy, Ms. Mikulski, Mrs. Boxer, Mrs. Murray, Mr. Wyden, 
        Mr. Durbin, Ms. Stabenow, Mr. Menendez, Mr. Cardin, Mr. Brown, 
        Mr. Casey, Mrs. McCaskill, Mr. Whitehouse, Mr. Udall, Mrs. 
        Shaheen, Mr. Merkley, Mrs. Gillibrand, Mr. Blumenthal, Mr. 
        Schatz, Ms. Baldwin, Ms. Hirono, Mr. Heinrich, Ms. Heitkamp, 
        Mr. Markey, and Mr. Peters):
  S. 793. A bill to amend the Higher Education Act of 1965 to provide 
for the refinancing of certain Federal student loans, and for other 
purposes; to the Committee on Finance.
  Ms. WARREN. Mr. President, I rise today to announce the introduction 
of the Bank on Students Emergency Loan Refinancing Act of 2015. This 
bill will allow student loan borrowers to take advantage of today's 
lower interest rates, and I urge my colleagues to support it.
  Last Congress, Democrats pressed for a similar bill which has strong 
support from the Senate and from the public. Every Democrat, every 
Independent, and three Republicans voted to move this bill forward. 
More than 700,000 people signed petitions in support of student loan 
refinancing, but Republicans filibustered the bill, so it didn't pass. 
It is time to try again, because a problem that was bad last year has 
gotten worse--much worse.
  Since last year, nearly 1 million more borrowers have fallen behind 
in their payments. Nearly 1 million more are watching their balances 
get bigger, not smaller. Nearly 1 million more people are sweating out 
how they are ever going to repay their student loan debt.
  Last year, student loan debt was an economic emergency. Now, 1 year 
later, the emergency is getting worse. Just look at the numbers. 
Students are now struggling with $100 billion more debt than 1 year 
ago. Since last year, total student loan debt has jumped to $1.3 
trillion, and the debt is crushing young people.

  Last year, experts at the U.S. Treasury, the Federal Reserve, and the 
Consumer Financial Protection Bureau all sounded the alarm on student 
debt. This year, the alarm bells are sounding even louder. One year 
ago, the Federal Government was projected to take in tens of billions 
in profits on the backs of our kids as a result of artificially high 
interest rates. One year later, interest rates on new loans are even 
higher, and even with millions of people struggling to pay, even after 
accounting for administrative and other costs, the Federal Government 
is still raking in huge profits on its student loan program.
  Despite overwhelming public support for cutting the interest rates on 
student loans, Republicans last year refused to even debate this bill. 
Republicans said there were other, better ways to tackle student debt, 
but Republicans did nothing, nothing except filibuster the only student 
loan bill on the table. So tens of millions of borrowers got nothing, 
no help at all. Today, millions of borrowers are left with interest 
rates of 6 percent, 8 percent, 10 percent, and even higher. Nearly 1 
million more borrowers are falling behind, and the Republicans have 
done nothing. Nearly 1 million more borrowers are falling behind, and 
they are watching their debt load get bigger. Nearly 1 million more 
borrowers are falling behind, paying interest rates that produce 
obscene profits for the U.S. Government, and the Republicans will not 
even debate refinancing student loans.
  Why can't people refinance their student loans? When interest rates 
are low, homeowners can refinance their mortgages to reduce their 
payments. Businesses can refinance their debts. Even governments can 
refinance their debts. But student loan borrowers are stuck with their 
loans, sometimes at 6 percent, 8 percent, 10 percent, and even higher.
  Our proposal is simple: refinance outstanding loans down to 3.9 
percent for

[[Page S1633]]

undergraduates, and a little higher for graduates and PLUS loans. This 
single change would give borrowers across this country a chance to save 
hundreds--and for some, thousands--of dollars a year. That's real 
money--money they can put toward paying down the balance on their debt, 
saving for a home, buying a car--money they can put toward building a 
solid future.
  This bill doesn't add one dime to the deficit. It is fully paid for 
by closing up a tax loophole that allows millionaires and billionaires 
to pay a lower tax rate than middle class families.
  If Republicans don't like that way to pay for the student loan bill, 
here's another idea. Senators Reed and Blumenthal have advanced a bill 
that would close a different tax loophole. They want to end the tax 
breaks for executive bonuses that are bigger than a million dollars.
  I say to my Republican colleagues, if you don't like that way to pay 
for the student loan bill, there are other options as well. Let's sit 
down and talk about it, but don't close your eyes and pretend this 
isn't happening. Don't turn your backs on the 40 million Americans with 
student loan debt. Don't do nothing.
  Refinancing student loans will not fix everything that is wrong in 
our higher education system. We need to cut the price of college. We 
need to reinvest in public universities. We need to shore up financial 
aid, crack down on for-profit colleges, and provide better protections 
on student loans, but let's start by allowing people to refinance their 
student loans. Let's start by cutting back on the interest payments 
that are sinking young people and holding back this economy.
  We could have refinanced student loan debt 1 year ago, but 
Republicans said no. Now Americans owe $100 billion more than they did. 
Now nearly 1 million more borrowers are falling behind. Now more people 
than ever are choking on student loan debt.
  By refusing to act, Republicans are sinking the hopes of an entire 
generation. It is time for Congress to step up and fix this problem, 
before it drags down another million Americans and another and another. 
It is time to refinance student loan debt.

                          ____________________