[Congressional Record (Bound Edition), Volume 163 (2017), Part 3]
[Senate]
[Pages 4246-4250]
[From the U.S. 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

[[Page 4247]]

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 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

[[Page 4248]]

     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 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

[[Page 4249]]

       ``(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.

       ``(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--

[[Page 4250]]

       (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 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.''.

                          ____________________