[Congressional Record Volume 168, Number 150 (Monday, September 19, 2022)]
[Senate]
[Pages S4826-S4828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5500. Ms. LUMMIS (for Mr. Barrasso) submitted an amendment 
intended to be proposed by Ms. Lummis to the resolution of ratification 
to Treaty Doc. 117-1, Amendment to the Montreal Protocol on Substances 
that Deplete the Ozone Layer (the ``Montreal Protocol''), adopted at 
Kigali on October 15, 2016, by the Twenty-Eighth Meeting of the Parties 
to the Montreal Protocol (the ``Kigali Amendment''); which was ordered 
to lie on the table; as follows:

       In section 1, in the section heading, insert ``and a 
     condition'' after ``declaration''.
       In section 1, insert ``and the condition of section 3'' 
     after ``declaration of section 2''.
       At the end, add the following:

     SEC. 3. CONDITION.

       The advice and consent of the Senate under section 1 is 
     subject to the following condition: The Parties to the 
     Montreal Protocol on Substances that Deplete the Ozone Layer 
     shall amend their Decision I/12E, ``Clarification of terms 
     and definitions: developing countries,'' made at the First 
     Meeting of the Parties to remove the People's Republic of 
     China.
                                 ______
                                 
  SA 5501. Mr. LEE submitted an amendment intended to be proposed by 
him to the resolution of ratification to Treaty Doc. 117-1, Amendment 
to the Montreal Protocol on Substances that Deplete the Ozone Layer 
(the ``Montreal Protocol''), adopted at Kigali on October 15, 2016, by 
the Twenty-Eighth Meeting of the Parties to the Montreal Protocol (the 
``Kigali Amendment''); which was ordered to lie on the table; as 
follows:

       In section 1, in the section heading, strike 
     ``declaration'' and insert ``declarations''.
       In section 1, insert ``declaration of section 2'' and 
     insert ``declarations of section 2''.
       In section 2, in the section heading, strike 
     ``declaration'' and insert ``declarations''.
       In section 2, strike ``following declaration'' and all that 
     follows through the period at the end and insert the 
     following: ``following declarations:
       (1) The Kigali amendment is not self-executing.
       (2) The People's Republic of China is not a developing 
     country, and the United Nations and other intergovernmental 
     organizations should not treat the People's Republic of China 
     as such.
                                 ______
                                 
  SA 5502. Mr. SULLIVAN (for himself, Mr. Cramer, Mr. Cotton, and Ms. 
Lummis) submitted an amendment intended to be proposed by him to the 
resoltion of ratification to Treaty Doc. 117-1, Amendment to the 
Montreal Protocol on Substances that Deplete the Ozone Layer (the 
``Montreal Protocol''), adopted at Kigali on October 15, 2016, by the 
Twenty-Eighth Meeting of the Parties to the Montreal Protocol (the 
``Kigali Amendment''); which was ordered to lie on the table; as 
follows:

       In section 1, in the section heading, insert ``and a 
     condition'' after ``declaration''.
       In section 1, insert ``and the condition of section 3'' 
     after ``declaration of section 2''.
       At the end, add the following:

     SEC. 3. CONDITION.

       The advice and consent of the Senate under section 1 is 
     subject to the following condition: Prior to November 6, 
     2022, the Secretary of State shall transmit to the 
     Secretariat of the United Nations Framework Convention on 
     Climate Change a proposal to amend the list in Annex I to the 
     Convention by adding the name of the People's Republic of 
     China.
                                 ______
                                 
  SA 5503. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the resolution of ratification to Treaty Doc. 117-1, 
Amendment to the Montreal Protocol on Subsstances that Deplete the 
Ozone Layer (the ``Montreal Protocol''), adopted at Kigali on October 
15, 2016, by the Twenty-Eighth Meeting of the Parties to the Montreal 
Protocol (the ``Kigali Amendment''); which was ordered to the lie on 
the table; as follows:
       At the end add the following:

     SEC. EFFECTIVE DATE.

       This resolution of ratification shall take effect on the 
     date that is 1 day after ratification.
                                 ______
                                 
  SA 5504. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the resolution of ratification to Treaty Doc. 117-1, 0; 
Amendment to the Montreal Protocol on Substances that Deplete the Ozone 
Layer (the ``Montreal Protocol''), adopted at Kigali on October 15, 
2016, by the Twenty-Eighth Meeting of the Parties to the Montreal 
Protocol (the ``Kigali Amendment''); which was was ordered to lie on 
the table; as follows:

[[Page S4827]]

  

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This resolution of ratification shall take effect on the 
     date that is 2 days after ratification.
                                 ______
                                 
  SA 5505. Mr. SCHUMER (for Mr. Tester) proposed an amendment to the 
bill S. 1198, to amend title 38, United States Code, to improve and 
expand the Solid Start program of the Department of Veterans Affairs, 
and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Solid Start Act of 2022''.

     SEC. 2. SOLID START PROGRAM OF THE DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) In General.--Chapter 63 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subchapter:

        ``SUBCHAPTER II--OTHER OUTREACH PROGRAMS AND ACTIVITIES

     ``Sec. 6320. Solid Start program

       ``(a) In General.--The Secretary shall carry out a program, 
     to be known as the `Solid Start program', under which the 
     Secretary shall--
       ``(1) build the capacity of the Department to efficiently 
     and effectively respond to the queries and needs of veterans 
     who have recently separated from the Armed Forces; and
       ``(2) systemically integrate and coordinate efforts to 
     assist veterans, including efforts--
       ``(A) to proactively reach out to newly separated veterans 
     to inform them of their eligibility for programs of and 
     benefits provided by the Department; and
       ``(B) to connect veterans in crisis to resources that 
     address their immediate needs.
       ``(b) Activities of the Solid Start Program.--(1) The 
     Secretary, in coordination with the Secretary of Defense, 
     shall carry out the Solid Start program of the Department 
     by--
       ``(A) collecting up-to-date contact information during 
     transition classes or separation counseling for all members 
     of the Armed Forces who are separating from the Armed Forces, 
     while explaining the existence and purpose of the Solid Start 
     program;
       ``(B) calling each veteran, regardless of separation type 
     or characterization of service, three times within the first 
     year after separation of the veteran from the Armed Forces;
       ``(C) providing information about the Solid Start program 
     on the website of the Department and in materials of the 
     Department, especially transition booklets and other 
     resources;
       ``(D) ensuring calls are truly tailored to the needs of 
     each veteran's unique situation by conducting quality 
     assurance tests;
       ``(E) prioritizing outreach to veterans who have accessed 
     mental health resources prior to separation from the Armed 
     Forces;
       ``(F) providing women veterans with information that is 
     tailored to their specific health care and benefit needs;
       ``(G) as feasible, providing information on access to State 
     and local resources, including Vet Centers and veterans 
     service organizations; and
       ``(H) gathering and analyzing data assessing the 
     effectiveness of the Solid Start program.
       ``(2) The Secretary, in coordination with the Secretary of 
     Defense, may carry out the Solid Start program by--
       ``(A) encouraging members of the Armed Forces who are 
     transitioning to civilian life to authorize alternate points 
     of contact who can be reached should the member be 
     unavailable during the first year following the separation of 
     the member from the Armed Forces; and
       ``(B) following up missed phone calls with tailored 
     mailings to ensure the veteran still receives similar 
     information.
       ``(3) In this subsection:
       ``(A) The term `Vet Center' has the meaning given that term 
     in section 1712A(h) of this title.
       ``(B) The term `veterans service organization' means an 
     organization recognized by the Secretary for the 
     representation of veterans under section 5902 of this 
     title.''.
       (b) Conforming Amendments.--Chapter 63 of such title, as 
     amended by subsection (a), is further amended--
       (1) by inserting before section 6301 the following:

              ``Subchapter I--Outreach Services Program'';

     and
       (2) in sections 6301, 6303, 6304, 6305, 6306, and 6307, by 
     striking ``this chapter'' each place it appears and inserting 
     ``this subchapter''.
       (c) Clerical Amendments.--The table of sections at the 
     beginning of chapter 63 of such title is amended--
       (1) by inserting before the item relating to section 6301 
     the following new item:

              ``subchapter i--outreach services program'';

     and
       (2) by adding at the end the following new items:

         ``subchapter ii--other outreach programs and activities

``6320. Solid Start program.''.
                                 ______
                                 
  SA 5506. Mr. LEAHY (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. PRIDE IN PATENT OWNERSHIP.

       (a) Amendments to Title 35.--
       (1) In general.--Title 35, United States Code, is amended--
       (A) in chapter 11, by adding at the end the following:

     ``Sec. 124. Government funding of patent applications and 
       maintenance fees

       ``(a) Government Funding of Patent Applications.--For any 
     application for patent, if any governmental entity, including 
     a foreign governmental entity, provides funding specifically 
     for the purpose of paying fees to the Office under section 
     41, or specifically for the purpose of paying an attorney or 
     patent agent for prosecution of the application, the 
     application shall include, or be amended to include, a 
     statement that names the entity providing that funding.
       ``(b) Government Funding of Maintenance Fees.--For any 
     patent, if any governmental entity, including a foreign 
     governmental entity, provides funding specifically for the 
     purpose of paying maintenance fees to the Office under 
     section 41, or specifically for the purpose of paying an 
     attorney or patent agent for submitting those maintenance 
     fees, the patent owner shall file a separate statement that 
     names the entity providing that funding.''; and
       (B) in section 261--
       (i) by striking the first undesignated paragraph and 
     inserting the following:
       ``(a) In General.--
       ``(1) Attributes of personal property.--Subject to the 
     provisions of this title, patents shall have the attributes 
     of personal property.
       ``(2) Register of interests.--
       ``(A) In general.--The Patent and Trademark Office shall 
     maintain a register of interests in patents and applications 
     for patents and shall record any document related thereto 
     upon request, and may require a fee therefor.
       ``(B) Public availability.--The Office shall make the 
     information described in subparagraph (A) publicly 
     accessible, to the extent permitted by law.
       ``(3) Requirement to record certain assignments and other 
     interests.--
       ``(A) In general.--Whenever a patent issues, or certain 
     rights or interests in a patent (as defined by the Director) 
     are assigned, granted, or conveyed to another person, 
     including a governmental or legal entity--
       ``(i) the patent owner shall submit, or cause to be 
     submitted, a request described in paragraph (2), unless such 
     a request was submitted before the issuance of the patent;
       ``(ii) the Office shall, not later than 60 days after the 
     date on which the Office receives a request submitted under 
     clause (i)--

       ``(I) notify the patent owner regarding any error in the 
     request, consistent with the requirements under clauses (iii) 
     and (iv), as applicable; or
       ``(II) record the interest in the register described in 
     paragraph (2);

       ``(iii) with respect to a request submitted under clause 
     (i) that the Office identifies as containing an error that 
     can be corrected without having to change the date of 
     submission of the original request, as determined by the 
     Office, the Office shall allow the submitting party to file a 
     corrected request not later than 60 days after the date on 
     which the Office notifies the submitting party regarding the 
     error; and
       ``(iv) in the case of a submitting party that receives an 
     error notice from the Office, as described in clause (ii)(I), 
     and fails to file a corrected request during the 60-day 
     period described in clause (iii), the date on which the 
     submitting party ultimately files the corrected request shall 
     be deemed to be the date of submission of the original 
     request.
       ``(B) Effect of failure to comply.--
       ``(i) In general.--Except as provided in clause (iii), if 
     the conditions described in subclause (I) of clause (ii) 
     apply with respect to a patent, no party may recover, for 
     infringement of the patent in any action, increased monetary 
     damages under section 284 during the period beginning on the 
     date that is 121 days after the effective date of the 
     issuance, assignment, grant, or conveyance with respect to 
     the patent, as applicable, and ending on the date on which 
     the ownership, assignment, grant, or conveyance of the patent 
     is properly requested to be recorded under paragraph (2).
       ``(ii) Conditions.--

       ``(I) In general.--The conditions described in this 
     subclause with respect to a patent are as follows:

       ``(aa) A party asserts the patent against an alleged 
     infringer through a civil complaint, demand letter, or 
     otherwise.
       ``(bb) Any of the following:
       ``(AA) The patent owner fails to comply with subparagraph 
     (A)(i) with an intent to deceive a member of the public.
       ``(BB) The alleged infringer has reasonably relied in the 
     course of business on a failure

[[Page S4828]]

     by the patent owner to comply with subparagraph (A)(i).
       ``(CC) The party asserting the patent does not 
     substantially match the entity with a recorded right to 
     assert the patent and the alleged infringer suffers prejudice 
     as a result of that discrepancy.
       ``(DD) The failure of the patent owner to comply with 
     subparagraph (A)(i) conceals a separate legal or regulatory 
     error, such as an improper Federal tax payment or the 
     misapplication of section 337(a)(2) of the Tariff Act of 1930 
     (19 U.S.C. 1337(a)(2)).

       ``(II) Affirmative defense.--A person that, in any action, 
     is alleged to have infringed a patent may plead, as an 
     affirmative defense in that action, that the conditions 
     described in subclause (I) are applicable with respect to the 
     alleged infringement of the patent.

       ``(iii) Exception.--

       ``(I) In general.--This subparagraph shall not apply if--

       ``(aa) the applicable patent owner, as of the date that the 
     application for the patent was submitted, was an entity to 
     which section 41(h)(1) applies;
       ``(bb) the party asserting the patent would qualify as an 
     entity to which section 41(h)(1) applies, as of the date on 
     which the entity asserts the patent, if that party were to 
     file a patent application; and
       ``(cc) the party asserting the patent has been the owner, 
     assignee, or exclusive licensee of not more than 20 patents, 
     as of the date on which the party asserts the patent.

       ``(II) Burden.--A patent owner shall have the burden of 
     establishing in an action that the elements described in 
     subclause (I) apply.'';

       (ii) in the first undesignated paragraph following 
     subsection (a), as so designated by clause (i) of this 
     subparagraph, by striking ``Applications'' and inserting the 
     following:
       ``(b) Applications and Patents Assignable.--Applications'';
       (iii) in the first undesignated paragraph following 
     subsection (b), as so designated by clause (ii) of this 
     subparagraph, by striking ``A certificate'' and inserting the 
     following:
       ``(c) Certificate of Acknowledgment.--A certificate''; and
       (iv) in the undesignated paragraph following subsection 
     (c), as so designated by clause (iii) of this subparagraph, 
     by striking ``An interest'' and inserting the following:
       ``(d) Effect of Assignment.--An interest''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 11 of title 35, United States Code, is 
     amended by adding at the end the following:

``124. Government funding of patent applications and maintenance 
              fees.''.
       (3) Effective dates; applicability.--
       (A) Amendments regarding government funding of patent 
     applications and maintenance fees; technical and conforming 
     amendment.--The amendments made by paragraphs (1)(A) and (2) 
     shall take effect on the date that is 2 years after the date 
     of enactment of this Act.
       (B) Amendments regarding ownership and assignment.--
       (i) In general.--Except as provided in clause (ii), the 
     amendments made by paragraph (1)(B) shall take effect on the 
     date of enactment of this Act.
       (ii) Requirement to record assignments and certain other 
     interests.--Paragraph (3) of subsection (a) of section 261 of 
     title 35, United States Code, as so designated by paragraph 
     (1)(B)(i) of this subsection, shall--

       (I) take effect on the date that is 2 years after the date 
     of enactment of this Act; and
       (II) apply with respect to any patent issuance, assignment, 
     grant, or conveyance that occurs on or after the effective 
     date described in subclause (I).

       (b) Rules.--Not later than 1 year after the date of 
     enactment of this Act, the Under Secretary of Commerce for 
     Intellectual Property and Director of the United States 
     Patent and Trademark Office (referred to in this section as 
     the ``Director'') shall issue rules that accomplish the 
     following:
       (1)(A) Define the term ``certain rights or interests in a 
     patent'' for the purposes of subsection (a)(3) of section 261 
     of title 35, United States Code, as so designated by 
     subsection (a)(1) of this section, which shall include 
     examples of types of rights or interests that--
       (i) are required to be recorded under such subsection 
     (a)(3), such as patent assignments and exclusive licenses; 
     and
       (ii) are not required to be recorded under such subsection 
     (a)(3), such as ownership of less than 10 percent of a 
     patent.
       (B) For the purposes of subparagraph (A), the Director may 
     review rules defining the term ``beneficial owner'' issued by 
     other Federal entities and agencies, including the Committee 
     on Foreign Investment in the United States, the Department of 
     the Treasury, and the Securities and Exchange Commission.
       (2) Establish procedures for the proper recording of 
     interests in patents that--
       (A) provide for--
       (i) notice of any error in a request submitted under 
     subsection (a)(2) of section 261 of title 35, United States 
     Code, as so designated by subsection (a)(1) of this section; 
     and
       (ii) an opportunity to correct an error described in clause 
     (i);
       (B) describe--
       (i) which types of errors described in subparagraph (A)(i) 
     are eligible for correction without having to change the date 
     of submission of the original request, if the amended request 
     is filed not later than 60 days after the date on which the 
     Director notifies the submitting party regarding the error; 
     and
       (ii) which types of errors described in subparagraph (A)(i) 
     must result in a new request with a new submission date; and
       (C) require the recording of any parent corporation when an 
     interest in a patent is recorded.
       (3) Implement section 124 of title 35, United States Code, 
     as added by subsection (a)(1) of this section.
       (4) Otherwise implement the amendments made by subsection 
     (a)(1).
       (c) Register.--Not later than 2 years after the date of 
     enactment of this Act, the Director shall, with respect to 
     the register described in subsection (a)(2) of section 261 of 
     title 35, United States Code, as so designated by subsection 
     (a)(1) of this section, create a publicly accessible database 
     that is digitally searchable with fields based on patent 
     number, assignee, assignor, assignment date, and other 
     criteria determined by the Director.

                          ____________________