[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.
____________________