[Congressional Record Volume 163, Number 45 (Wednesday, March 15, 2017)]
[Senate]
[Pages S1842-S1846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. SHAHEEN (for herself, Mr. McCain, Mr. Reed, Mr. Tillis,
Mr. Blumenthal, and Mr. Kaine):
S. 630. A bill to amend the Afghan Allies Protection Act of 2009 to
make 2,500 visas available for the Afghan Special Immigrant Visa
program, and for other purposes; to the Committee on the Judiciary.
Mrs. SHAHEEN. Mr. President, I come to the floor again today to speak
about a program I have been working on that has had bipartisan support
for a number of years; that is, the Afghan Special Immigrant Visa
Program. This program allows Afghans, including interpreters, who have
supported the U.S. mission in Afghanistan and who face threats as a
result of their service to apply for refuge in the United States. As I
said, this has had strong bipartisan support. I have worked with
Senators McCain, Tillis, Leahy, Graham, and so many others here in the
Chamber to try to make sure we provide enough visas for those Afghans
who are being threatened and who want to come to the United States.
I wish to point out that the Trump administration, even as it has
sharply restricted immigration and refugee programs, has made
exceptions for those who served alongside our soldiers and diplomats.
In fact, when the administration's original Executive order on
immigration was released, there was bipartisan anger that Iraqi
interpreters were not protected because this program has served not
just those in Afghanistan who have helped us but also those in Iraq. So
the administration recognized its mistake and has made an exception for
Iraqi SIV recipients, and now they have exempted Iraq from their
Executive order.
It is really past time that we rally renewed support for the Afghan
SIV Program. Last week, we learned that the State Department has
stopped interviewing applicants for the Afghan program because there
are more applicants in the final stages of the process than there are
visas. Unless Congress acts, the final visas will be exhausted by the
end of May. It is estimated that more than 10,000 applicants are still
in some step of the process of obtaining these visas.
For these Afghans, it really is no exaggeration to say that this is a
matter of life and death. Interpreters who served the U.S. mission are
being systematically hunted down by the Taliban, and unless Congress
acts, this program will lapse and we will abandon these Afghans to a
harsh fate.
The United States promised to protect those Afghans who served our
mission with great loyalty and at enormous risk, and it would be a
stain on our national honor to break this promise. It would also carry
profound strategic costs. U.S. forces and diplomats have always relied
on local people to help us accomplish our missions. We continue to
require this assistance in Afghanistan, and we will need this support
in other places in the future where we face conflict. So we have to
ask, if we don't keep our promise, why would anyone agree to help the
United States if we abandon those who assist us? This is exactly why
the former commander of U.S. forces in Afghanistan, GEN David Petraeus,
and his predecessor, GEN Stanley McChrystal, have pleaded with Congress
to extend the Afghan SIV Program. In a letter to Congress last year,
more than 30 additional prominent generals, including Gen. John Allen,
the former commander in Afghanistan, GEN George Casey, the former
commander in Iraq, and two former Chairmen of the Joint Chiefs of Staff
also urged Congress to extend the program.
In addition, our soldiers and marines are keenly interested in
protecting the interpreters who served with them in Afghanistan. Many
of them owe their lives to the interpreters who went into combat with
them. In recent years, I have gotten to know one of those servicemen, a
former Army captain, Michael Breen, who is a Granite Stater. He served
with the infantry in Iraq and led paratroopers in Afghanistan. He
speaks with admiration about one interpreter in particular who was an
Iraqi--part of the Iraqi program--a woman in her early twenties who was
named Wissam.
On one occasion, Captain Breen and his soldiers were at a small
forward operating base in Iraq. He said that a man approached,
frantically pointing to his watch and indicating an explosion with his
hands. The Americans didn't speak Arabic, so they couldn't tell if the
man was trying to warn them or threaten them. Wissam hurried over
toward Captain Breen to assist. Wissam was beloved by her American
comrades, always cheerful and eager to help. She listened to the man
and said that he was actually there warning of an improvised explosive
device on the main road.
As Captain Breen later told me, ``A trusted interpreter can be the
difference between a successful patrol and a body bag.'' He noted that
every night, he and his fellow soldiers would hunker down in their
heavily guarded perimeter, but Wissam would leave the compound and go
home. One evening after she left the American compound, three gunmen
ambushed her car. She was killed--one more interpreter who paid
[[Page S1843]]
the ultimate price for serving the American mission. As Captain Breen
later said, one day there will be a granite monument with the names of
all of the American servicemembers who died in Iraq and Afghanistan.
Wissam deserves to have her name on that monument, too, because she
took great risks and she gave her life while serving the United States.
To be eligible for a visa through the Afghan SIV Program, new
applicants must demonstrate at least 2 years of faithful and valuable
service to the U.S. mission. To receive a visa, they must also clear a
rigorous screening process that includes an independent verification of
their service and then an intensive interagency review.
We know that the service of these individuals has been critical to
our successes in Afghanistan.
Last month in Keene, NH, I met with a remarkable recent immigrant
from Afghanistan named Patmana Rafiq Kunary. Patmana had worked closely
with the U.S. Agency for International Development in Kabul. She went
door to door, encouraging women to take out microloans to start their
own businesses. Patmana eventually became vice president for operations
at the USAID-sponsored Microloan Program.
In fact, just today I talked to a woman reporter from Afghanistan who
wanted to know what message of hope I could provide to the women of
Afghanistan. Well, I told her about Patmana, and I told her that one of
the things that keep us in Afghanistan supporting our soldiers is
concern about what is happening to the women in Afghanistan.
For Patmana, going door to door and working closely with Americans--
this was dangerous work. She drew unwelcome attention wherever she
went, and she became a high-profile target for the Taliban and others.
And then one day in 2013, she got a call at her USAID office. It was
from the distraught wife of one of her USAID colleagues, another
Afghan. The caller's husband had just been murdered, apparently in
retaliation for his work with the Americans.
Realizing that her life was in danger, too, Patmana applied for a
special immigrant visa. For 2 years, she and her husband were subjected
to repeated interviews at the U.S. Embassy in Kabul. Her background was
checked and rechecked before visas were finally granted. She told me
that they would move frequently. They couldn't stay in one place very
long because the Taliban would find them. And she said occasionally
there was a knock on her relatives' door, saying ``We know where
Patmana is,'' and that would be a signal to move.
She and her husband now live happily in Keene, NH. I am pleased to
say her husband has found work as an auditor with a local financial
company, and they have a 2-year-old daughter. They are welcomed as
valued members of the Keene community and of our larger Granite State
family.
The many contributions of these Afghans--both in Afghanistan and now
as residents or citizens of the United States--those contributions help
explain why senior U.S. commanders and diplomats have urged Congress to
extend the Afghan SIV Program. Our Secretary of Defense, GEN James
Mattis, during the confirmation process, said: ``Most of our units
could not have accomplished their missions without the assistance,
often at the risk of their lives, of these courageous men and women.''
We would never leave an American warrior behind on the battlefield.
Likewise, we must not leave behind the Afghan interpreters who served
side by side with our warriors and diplomats.
We made a solemn promise to these brave people, and I am going to do
everything I can to ensure that we keep this promise. I know there is a
lot of bipartisan support in this body to do that. So today I am
introducing the Keep Our Promise to Our Afghan Allies Act with Senators
McCain, Reed, and Tillis. This legislation would authorize additional
special immigrant visas and would help ensure that the program does not
lapse and leave behind thousands of Afghans who helped us with the
threat by the Taliban.
In addition, I intend to work closely with Senators who are
negotiating legislation to fund the Federal Government in order to
ensure that additional visas are included. I urge my colleagues to join
me. Let's keep the promise we made to our Afghan allies and support
these efforts.
______
By Mr. DURBIN (for himself, Mr. Brown, Mr. Markey, Mr. Cardin,
Mr. Casey, and Mr. Van Hollen):
S. 640. A bill to prioritize funding for an expanded and sustained
national investment in biomedical research; to the Committee on the
Budget.
S. 640
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 ``American Cures Act''.
SEC. 2. CAP ADJUSTMENT.
(a) In General.--Section 251(b)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C), the following:
``(D) Biomedical research.--
``(i) National institutes of health.--If a bill or joint
resolution making appropriations for a fiscal year is enacted
that specifies amounts for the National Institutes of Health
at the Department of Health and Human Services, then the
adjustments for that fiscal year shall be the amount of
additional new budget authority provided in that Act for such
programs for that fiscal year, but shall not exceed--
``(I) for fiscal year 2017, $2,966,000,000 in additional
new budget authority;
``(II) for fiscal year 2018, $4,718,000,000 in additional
new budget authority;
``(III) for fiscal year 2019, $6,643,000,000 in additional
new budget authority;
``(IV) for fiscal year 2020, $8,743,000,000 in additional
new budget authority; and
``(V) for fiscal year 2021, $10,981,000,000 in additional
new budget authority.
``(ii) Centers for disease control and prevention.--If a
bill or joint resolution making appropriations for a fiscal
year is enacted that specifies amounts for the Centers for
Disease Control and Prevention at the Department of Health
and Human Services, then the adjustments for that fiscal year
shall be the amount of additional new budget authority
provided in that Act for such programs for that fiscal year,
but shall not exceed--
``(I) for fiscal year 2017, $1,430,000,000 in additional
new budget authority;
``(II) for fiscal year 2018, $1,828,000,000 in additional
new budget authority;
``(III) for fiscal year 2019, $2,264,000,000 in additional
new budget authority;
``(IV) for fiscal year 2020, $2,740,000,000 in additional
new budget authority; and
``(V) for fiscal year 2021, $3,247,000,000 in additional
new budget authority.
``(iii) Department of defense health program.--If a bill or
joint resolution making appropriations for a fiscal year is
enacted that specifies amounts for the Department of Defense
health program, then the adjustments for that fiscal year
shall be the amount of additional new budget authority
provided in that Act for such programs for that fiscal year,
but shall not exceed--
``(I) for fiscal year 2017, $135,100,000 in additional new
budget authority;
``(II) for fiscal year 2018, $241,000,000 in additional new
budget authority;
``(III) for fiscal year 2019, $356,000,000 in additional
new budget authority;
``(IV) for fiscal year 2020, $482,000,000 in additional new
budget authority; and
``(V) for fiscal year 2021, $618,000,000 in additional new
budget authority.
``(iv) Medical and prosthetics research program of the
department of veterans affairs.--If a bill or joint
resolution making appropriations for a fiscal year is enacted
that specifies amounts for the medical and prosthetics
research program of the Department of Veterans Affairs, then
the adjustments for that fiscal year shall be the amount of
additional new budget authority provided in that Act for such
programs for that fiscal year, but shall not exceed--
``(I) for fiscal year 2017, $36,000,000 in additional new
budget authority;
``(II) for fiscal year 2018, $65,000,000 in additional new
budget authority;
``(III) for fiscal year 2019, $98,000,000 in additional new
budget authority;
``(IV) for fiscal year 2020, $134,000,000 in additional new
budget authority; and
``(V) for fiscal year 2021, $172,000,000 in additional new
budget authority.
``(v) Definitions.--As used in this subparagraph:
``(I) Additional new budget authority.--The term
`additional new budget authority' means--
``(aa) with respect to the National Institutes of Health,
the amount provided for a fiscal year, in excess of the
amount provided in fiscal year 2016, in an appropriation Act
and specified to support the National Institutes of Health;
``(bb) with respect to the Centers for Disease Control and
Prevention, the amount provided for a fiscal year, in excess
of the amount provided in fiscal year 2016, in an
appropriation Act and specified to support the Centers for
Disease Control and Prevention;
``(cc) with respect to the Department of Defense health
program, the amount provided for a fiscal year, in excess of
the
[[Page S1844]]
amount provided in fiscal year 2016, in an appropriation Act
and specified to support the Department of Defense health
program; and
``(dd) with respect to the medical and prosthetics research
program of the Department of Veterans Affairs, the amount
provided for a fiscal year, in excess of the amount provided
in fiscal year 2016, in an appropriation Act and specified to
support the medical and prosthetics research program of the
Department of Veterans Affairs.
``(II) Centers for disease control and prevention.--The
term `Centers for Disease Control and Prevention' means the
appropriations accounts that support the various institutes,
offices, and centers that make up the Centers for Disease
Control and Prevention.
``(III) Department of defense health program.--The term
`Department of Defense health program' means the
appropriations accounts that support the various institutes,
offices, and centers that make up the Department of Defense
health program.
``(IV) Medical and prosthetics research program of the
department of veterans affairs.--The term `medical and
prosthetics research program of the Department of Veterans
Affairs' means the appropriations accounts that support the
various institutes, offices, and centers that make up the
medical and prosthetics research program of the Department of
Veterans Affairs.
``(V) National institutes of health.--The term `National
Institutes of Health' means the appropriations accounts that
support the various institutes, offices, and centers that
make up the National Institutes of Health.''.
(b) Funding.--There are hereby authorized to be
appropriated--
(1) for the National Institutes of Health, the amounts
provided for under clause (i) of such section 251(b)(2)(D) in
each of fiscal years 2017 through 2021, and such sums as may
be necessary for each subsequent fiscal year;
(2) for the Secretary of Health and Human Services, acting
through the Centers for Disease Control and Prevention, the
amounts provided for under clause (ii) of such section
251(b)(2)(D) in each of fiscal years 2017 through 2021, and
such sums as may be necessary for each subsequent fiscal
year;
(3) for the Department of Defense health program, the
amounts provided for under clause (iii) of such section
251(b)(2)(D) in each of fiscal years 2017 through 2021, and
such sums as may be necessary for each subsequent fiscal
year; and
(4) for the Medical and prosthetics research program of the
Department of Veterans Affairs, the amounts provided for
under clause (iv) of such section 251(b)(2)(D) in each of
fiscal years 2017 through 2021, and such sums as may be
necessary for each subsequent fiscal year.
(c) Minimum Continued Funding Requirement.--Amounts
appropriated for each of the programs and agencies described
in section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (as added by subsection (a)) for
each of fiscal years 2017 through 2021, and each subsequent
fiscal year, shall not be less than the amounts appropriated
for such programs and agencies for fiscal year 2016.
(d) Exemption of Certain Appropriations From
Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Advances to the
Unemployment Trust Fund and Other Funds (16-0327-0-1-600).''
the following:
``Appropriations under the American Cures Act.''.
(2) Applicability.--The amendment made by this section
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
______
By Mr. DURBIN (for himself and Ms. Baldwin):
S. 641. A bill to prioritize funding for an expanded and sustained
national investment in basic science research; to the Committee on the
Budget.
S. 641
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 ``American Innovation Act''.
SEC. 2. CAP ADJUSTMENT.
(a) In General.--Section 251(b)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C), the following:
``(D) Basic science research.--
``(i) National science foundation.--If a bill or joint
resolution making appropriations for a fiscal year is enacted
that specifies amounts for the National Science Foundation,
then the adjustments for that fiscal year shall be the amount
of additional new budget authority provided in that Act for
such programs for that fiscal year, but shall not exceed--
``(I) for fiscal year 2017, $429,000,000 in additional new
budget authority;
``(II) for fiscal year 2018, $834,000,000 in additional new
budget authority;
``(III) for fiscal year 2019, $1,279,000,000 in additional
new budget authority;
``(IV) for fiscal year 2020, $1,764,000,000 in additional
new budget authority; and
``(V) for fiscal year 2021, $2,279,000,000 in additional
new budget authority.
``(ii) Department of energy, office of science.--If a bill
or joint resolution making appropriations for a fiscal year
is enacted that specifies amounts for the Office of Science
at the Department of Energy, then the adjustments for that
fiscal year shall be the amount of additional new budget
authority provided in that Act for such programs for that
fiscal year, but shall not exceed--
``(I) for fiscal year 2017, $378,000,000 in additional new
budget authority;
``(II) for fiscal year 2018, $674,000,000 in additional new
budget authority;
``(III) for fiscal year 2019, $998,000,000 in additional
new budget authority;
``(IV) for fiscal year 2020, $1,351,000,000 in additional
new budget authority; and
``(V) for fiscal year 2021, $1,727,000,000 in additional
new budget authority.
``(iii) Department of defense science and technology
programs.--If a bill or joint resolution making
appropriations for a fiscal year is enacted that specifies
amounts for the Department of Defense science and technology
programs, then the adjustments for that fiscal year shall be
the amount of additional new budget authority provided in
that Act for such programs for that fiscal year, but shall
not exceed--
``(I) for fiscal year 2017, $931,000,000 in additional new
budget authority;
``(II) for fiscal year 2018, $1,661,000,000 in additional
new budget authority;
``(III) for fiscal year 2019, $2,456,000,000 in additional
new budget authority;
``(IV) for fiscal year 2020, $3,320,000,000 in additional
new budget authority; and
``(V) for fiscal year 2021, $4,258,000,000 in additional
new budget authority.
``(iv) National institute of standards and technology
scientific and technical research and services.--If a bill or
joint resolution making appropriations for a fiscal year is
enacted that specifies amounts for the scientific and
technical research and services of the National Institute of
Standards and Technology at the Department of Commerce, then
the adjustments for that fiscal year shall be the amount of
additional new budget authority provided in that Act for such
programs for that fiscal year, but shall not exceed--
``(I) for fiscal year 2017, $42,000,000 in additional new
budget authority;
``(II) for fiscal year 2018, $73,000,000 in additional new
budget authority;
``(III) for fiscal year 2019, $108,000,000 in additional
new budget authority;
``(IV) for fiscal year 2020, $147,000,000 in additional new
budget authority; and
``(V) for fiscal year 2021, $188,000,000 in additional new
budget authority.
``(v) National aeronautics and space administration science
mission directorate.--If a bill or joint resolution making
appropriations for a fiscal year is enacted that specifies
amounts for the Science Mission Directorate at the National
Aeronautics and Space Administration, then the adjustments
for that fiscal year shall be the amount of additional new
budget authority provided in that Act for such programs for
that fiscal year, but shall not exceed--
``(I) for fiscal year 2017, $302,000,000 in additional new
budget authority;
``(II) for fiscal year 2018, $600,000,000 in additional new
budget authority;
``(III) for fiscal year 2019, $928,000,000 in additional
new budget authority;
``(IV) for fiscal year 2020, $1,286,000,000 in additional
new budget authority; and
``(V) for fiscal year 2021, $1,666,000,000 in additional
new budget authority.
``(vi) Definitions.--As used in this subparagraph:
``(I) Additional new budget authority.--The term
`additional new budget authority' means--
``(aa) with respect to the National Science Foundation, the
amount provided for a fiscal year, in excess of the amount
provided in fiscal year 2016, in an appropriation Act and
specified to support the National Science Foundation;
``(bb) with respect to the Department of Energy Office of
Science, the amount provided for a fiscal year, in excess of
the amount provided in fiscal year 2016, in an appropriation
Act and specified to support the Department of Energy Office
of Science;
``(cc) with respect to the Department of Defense science
and technology programs, the amount provided for a fiscal
year, in excess of the amount provided in fiscal year 2016,
in an appropriation Act and specified to support the
Department of Defense science and technology programs;
``(dd) with respect to the National Institute of Standards
and Technology scientific and technical research services,
the amount provided for a fiscal year, in excess of the
amount provided in fiscal year 2016, in an appropriation Act
and specified to support the National Institute of Standards
and Technology scientific and technical research services;
and
``(ee) with respect to the National Aeronautics and Space
Administration Science Mission Directorate, the amount
provided for a fiscal year, in excess of the amount provided
in fiscal year 2016, in an appropriation Act and specified to
support the National Aeronautics and Space Administration
Science Mission Directorate.
[[Page S1845]]
``(II) Department of defense science and technology
programs.--The term `Department of Defense science and
technology programs' means the appropriations accounts that
support the various institutes, offices, and centers that
make up the Department of Defense science and technology
programs.
``(III) Department of energy office of science.--The term
`Department of Energy Office of Science' means the
appropriations accounts that support the various institutes,
offices, and centers that make up the Department of Energy
Office of Science.
``(IV) National aeronautics and space administration
science mission directorate.--The term `National Aeronautics
and Space Administration Science Mission Directorate' means
the appropriations accounts that support the various
institutes, offices, and centers that make up the National
Aeronautics and Space Administration Science Mission
Directorate.
``(V) National institute of standards and technology
scientific and technical research and services.--The term
`National Institute of Standards and Technology scientific
and technical research and services' means the appropriations
accounts that support the various institutes, offices, and
centers that make up the National Institute of Standards and
Technology scientific and technical research and services.
``(VI) National science foundation.--The term `National
Science Foundation' means the appropriations accounts that
support the various institutes, offices, and centers that
make up the National Science Foundation.''.
(b) Funding.--There are hereby authorized to be
appropriated--
(1) for the National Science Foundation, the amounts
provided for under clause (i) of such section 251(b)(2)(D) in
each of fiscal years 2017 through 2021, and such sums as may
be necessary for each subsequent fiscal year;
(2) for the Department of Energy Office of Science, the
amounts provided for under clause (ii) of such section
251(b)(2)(D) in each of fiscal years 2017 through 2021, and
such sums as may be necessary for each subsequent fiscal
year;
(3) for the Department of Defense science and technology
programs, the amounts provided for under clause (iii) of such
section 251(b)(2)(D) in each of fiscal years 2017 through
2021, and such sums as may be necessary for each subsequent
fiscal year;
(4) for the National Institute of Standards and Technology
scientific and technical research and services, the amounts
provided for under clause (iv) of such section 251(b)(2)(D)
in each of fiscal years 2017 through 2021, and such sums as
may be necessary for each subsequent fiscal year; and
(5) for the National Aeronautics and Space Administration
Science Mission Directorate, the amounts provided for under
clause (v) of such section 251(b)(2)(D) in each of fiscal
years 2016 through 2021, and such sums as may be necessary
for each subsequent fiscal year.
(c) Minimum Continued Funding Requirement.--Amounts
appropriated for each of the programs and agencies described
in section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (as added by subsection (a)) for
each of fiscal years 2017 through 2021, and each subsequent
fiscal year, shall not be less than the amounts appropriated
for such programs and agencies for fiscal year 2016.
(d) Exemption of Certain Appropriations From
Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Advances to the
Unemployment Trust Fund and Other Funds (16-0327-0-1-600).''
the following:
``Appropriations under the American Innovation Act.''.
(2) Applicability.--The amendment made by this section
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
______
By Mr. GRASSLEY (for himself, Ms. Klobuchar, Mr. Cornyn, Mr.
Durbin, Mr. Graham, Mr. Leahy, Mr. Franken, Mr. Blumenthal, and
Mr. Markey):
S. 643. A bill to provide for media coverage of Federal court
proceedings; to the Committee on the Judiciary.
Mr. GRASSLEY. Mr. President, affirming the public's right to know how
their government is run, Sunshine Week is an annual reminder of 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, I am pleased to join a bipartisan group of colleagues to
introduce the Sunshine in the Courtroom Act of 2017. This important
piece of 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.
For decades, and with great results, States such as my home State of
Iowa have allowed cameras in their courtrooms. In fact, all 50 States
and the District of Columbia now allow some news coverage of
proceedings, and it is time we join them. This openness in our courts
improves the public's understanding of the legal system and what
happens inside our courts.
However, our Federal judicial system unnecessarily remains a mystery
to many across the country. The bill I am introducing today, along with
Senator Klobuchar and a number of cosponsors from both sides of the
aisle, will greatly improve public access to Federal courts by letting
Federal judges open their courtrooms to television cameras and other
forms of electronic media. Letting the Sun shine in on our Federal
courtrooms will allow Americans to better understand the judicial
process.
The Sunshine in the Courtroom Act will ensure that the introduction
of cameras and other broadcasting devices into courtrooms goes as
smoothly as it has at the State level. This legislation leaves the
presence of the cameras in Federal trial and appellate courts to 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 nonparty witnesses by giving them the right to have their
faces and voices obscured. Additionally, the bill prohibits the
televising of jurors and includes a provision to protect the due
process rights of each party.
It is time to open the courthouse doors and let the light shine in on
the Federal judiciary. 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.
Mr. President, I ask unanimous consent that the text of this 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. 643
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 2017''.
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.--
(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
[[Page S1846]]
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 testimony of the witness.
(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 that
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 Mr. DURBIN (for himself, Mr. Grassley, Mr. Franken, Mr.
Blumenthal, and Ms. Klobuchar):
S. 649. A bill to permit the televising of Supreme Court proceedings;
to the Committee on the Judiciary.
S. 649
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.''.
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