CONGRESSIONAL RECORD—SENATE S7005

CONGRESSIONAL RECORD — SENATE S7005 December 6, 2022

acts in my life which has been the most mov-

ing and gratifying in meeting with and dis-

cussing the future and the past with the now

liberated Americans who were held hostage

in Iran for so long. I pointed out to them

that, since their capture by the Iranian ter-

rorists and their being held in this despicable

act of savagery, that the American people’s

hearts have gone out to them and the Nation

has been united as perhaps never before in

history and that the prayers that have gone

up from the people throughout the world to

God for their safety have finally been an-

swered.’’.

(10) On January 28, 1981, when welcoming

the hostages home, President Ronald Reagan

stated the following: ‘‘You’ve come home to

a people who for 444 days suffered the pain of

your imprisonment, prayed for your safety,

and most importantly, shared your deter-

mination that the spirit of free men and

women is not a fit subject for barter. You’ve

represented under great stress the highest

traditions of public service. Your conduct is

symbolic of the millions of professional dip-

lomats, military personnel, and others who

have rendered service to their country.’’.

(11) During the 444 days the brave hostages

were held, the rest of the United States held

its breath, waiting for news of the hostages.

The United States hoped and prayed to-

gether, as one, for the hostages’ safe return.

(12) Bruce Laingen, who served as United

States Ambassador to Iran from 1979 to 1980

and was the highest ranking diplomat held

hostage, summed up the experience by say-

ing the following: ‘‘Fifty-three Americans

who will always have a love affair with this

country and who join with you in a prayer of

thanksgiving for the way in which this crisis

has strengthened the spirit and resilience

and strength that is the mark of a truly free

society.’’. It is now the responsibility of the

people of the United States to honor the

spirit, resilience, and strength that the hos-

tages displayed during their 444 days of im-

prisonment.

(13) Now, more than 4 decades later, the

United States continues to honor the hos-

tages. The recipients of the award bestowed

by this Act are heroes in every sense of the

word. They are role models who wore their

pride in the United States with esteem and

have allowed for subsequent generations to

appreciate the blessing of living in the

United States. Today, as we mark 40 years

since their release, the people of the United

States acknowledge their endurance,

strength, and contributions to seeing a more

peaceful world. The hostages suffered for the

United States and now it is the duty of the

United States to recognize them for it.

SEC. 3. DEFINITION.

In this Act, the term ‘‘hostage’’ means a

person of the United States who was taken

captive on November 4, 1979, in Tehran, Iran,

at the United States embassy and released

on—

(1) July 11, 1980; or

(2) January 20, 1981.

SEC. 4. CONGRESSIONAL GOLD MEDAL.

(a) A

WARD

UTHORIZED

.—The Speaker of

the House of Representatives and the Presi-

dent pro tempore of the Senate shall make

appropriate arrangements for the award, on

behalf of Congress, of a single gold medal of

appropriate design to the 53 hostages of the

Iran Hostage Crisis, in recognition of their

bravery and endurance throughout their cap-

tivity, which started on November 4, 1979,

and lasted until January 21, 1981.

(b) D

ESIGN AND

TRIKING

.—For the pur-

poses of the award referred to in subsection

(a), the Secretary of the Treasury (referred

to in this Act as the ‘‘Secretary’’) shall

strike a gold medal with suitable emblems,

devices, and inscriptions, to be determined

by the Secretary, in consultation with the

Secretary of State.

MITHSONIAN

NSTITUTION

.—

(1) I

N GENERAL

.—Following the award of

the gold medal under subsection (a), the gold

medal shall be given to the National Museum

of American History of the Smithsonian In-

stitution, where it shall be available for dis-

play as appropriate and made available for

research.

(2) S

ENSE OF CONGRESS

.—It is the sense of

Congress that the Smithsonian Institution

should make the gold medal received under

paragraph (1) available for loan, as appro-

priate, so that the medal may be displayed

elsewhere.

SEC. 5. BRONZE DUPLICATE MEDALS.

(a) I

ENERAL

.—The Secretary may strike

and sell duplicates in bronze of the gold

medal struck pursuant to section 4, at a

price sufficient to cover the cost thereof, in-

cluding labor, materials, dies, use of machin-

ery, and overhead expenses.

(b) P

ROCEEDS OF

ALES

.—The amounts re-

ceived from the sale of duplicate medals

under subsection (a) shall be deposited in the

United States Mint Public Enterprise Fund.

SEC. 6. AUTHORITY TO USE FUND AMOUNTS.

There is authorized to be charged against

the United States Mint Public Enterprise

Fund such amounts as may be necessary to

pay for the costs of the medals struck under

this Act.

SEC. 7. STATUS OF MEDALS.

(a) N

ATIONAL

EDALS

.—The medals struck

pursuant to this Act are national medals for

purposes of chapter 51 of title 31, United

States Code.

(b) N

UMISMATIC

TEMS

.—For purposes of

section 5134 of title 31, United States Code,

all medals struck under this Act shall be

considered to be numismatic items.

SEC. 8. DETERMINATION OF BUDGETARY EF-

FECTS.

The budgetary effects of this Act, for the

purpose of complying with the Statutory

Pay-As-You-Go Act of 2010, shall be deter-

mined by reference to the latest statement

titled ‘‘Budgetary Effects of PAYGO Legisla-

tion’’ for this Act, submitted for printing in

the Congressional Record by the Chairman of

the House Budget Committee, provided that

such statement has been submitted prior to

the vote on passage.

BIG CAT PUBLIC SAFETY ACT

Ms. HASSAN. Madam President, I

ask unanimous consent that the Sen-

ate proceed to the immediate consider-

ation of H.R. 263, which was received

from the House.

The PRESIDING OFFICER. Without

objection, it is so ordered.

The clerk will report the bill by title.

The senior assistant legislative clerk

read as follows:

A bill (H.R. 263) to amend the Lacey Act

Amendments of 1981 to clarify provisions en-

acted by the Captive Wildlife Safety Act, to

further the conservation of certain wildlife

species, and for other purposes.

There being no objection, the Senate

proceeded to consider the bill.

Mr. LANKFORD. Madam President,

today I would like to enter into a col-

loquy with the senior Senator from

Connecticut to discuss the Big Cat

Public Safety Act. Section 3 of the bill

amends title 16 of the U.S. Code, sec-

tion 3372(e) by striking the entire sub-

section and inserting new prohibitions

on private ownership of big cats, reg-

istration requirements for existing pri-

vate owners, and new regulation pa-

rameters for facilities that display

these animals to the public.

Striking all of subsection (e) to in-

sert the bill’s proposed language elimi-

nates a standing protection of State

authority to enact and enforce their

own laws in this area. Section

§ 3372(e)(4) currently states that ‘‘noth-

ing in this subsection preempts or su-

persedes the authority of a state to

regulate wildlife species within that

state.’’ By striking this protection

against Federal preemption, Federal

authorities and regulators would have

the ability to supplant any State ac-

tion or policy unless there are other

sections of U.S. Code that protect the

rights of States.

Senator B

LUMENTHAL

, do you under-

stand this to be the case?

Mr. BLUMENTHAL. Yes, I do.

Mr. LANKFORD. In light of this pro-

tection of State authority being elimi-

nated from statute by the Big Cat Pub-

lic Safety Act, I would like to clarify

that there are existing protections that

apply to the entire chapter in which

this bill amends. Title 16 of U.S. Code

section 3378(a) states that ‘‘nothing in

this chapter shall be construed to pre-

vent the several states or Indian tribes

from making or enforcing laws or regu-

lations not inconsistent with the provi-

sions of this chapter.’’

While this preemption provision is

not nearly as clear as the one that will

be removed by the Big Cat Public Safe-

ty, it is our intention and under-

standing that it will preserve the long-

standing policy that the provisions

being amended by this bill will not pre-

empt or supersede the authority of a

State to regulate wildlife species with-

in that State.

Senator B

LUMENTHAL

, do you agree

that State authority should and will be

protected on this issue as it has his-

torically been?

Mr. BLUMENTHAL Yes, I do.

Mr. LANKFORD. Madame President,

I thank Senator B

LUMENTHAL

for help-

ing clarify the intent and effects of the

Big Cat Public Safety Act on this mat-

ter and would like to reiterate that we

are not negating State authority with

these changes within the bill. The Big

Cat Public Safety Act will close the

loopholes of private ownership that

now exist and fill the gaps that exist

within State laws where such prohibi-

tions do not currently exist.

For States that have existing au-

thorities addressing this area or any

State that may enact and enforce such

authorities in the future, Federal

Agencies and authorities will not pre-

empt or supersede them unless ex-

pressly authorized by that State.

Now, with this clarification and a

commitment from the senior Senator

from Connecticut to help include lan-

guage in an upcoming authorization

bill to affirm the clarifications made

today, I will lift my hold on this bill

Ms. HASSAN. I ask unanimous con-

sent that the bill be considered read a

third time.

VerDate Sep 11 2014 04:37 Dec 07, 2022 Jkt 039060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A06DE6.020 S06DEPT1

SSpencer on DSK126QN23PROD with SENATE

CONGRESSIONAL RECORD — SENATES7006 December 6, 2022

The PRESIDING OFFICER. Without

objection, it is so ordered.

The bill was ordered to a third read-

ing and was read the third time.

Ms. HASSAN. I know of no further

debate on the bill.

The PRESIDING OFFICER. If there

is no further debate on the bill, the bill

having been read the third time, the

question is, Shall the bill pass?

The bill (H.R. 263) was passed.

Ms. HASSAN. I ask unanimous con-

sent that the motion to reconsider be

considered made and laid upon the

table.

The PRESIDING OFFICER. Without

objection, it is so ordered.

UNLEASHING AMERICAN

INNOVATORS ACT OF 2022

Ms. HASSAN. Madam President, I

ask unanimous consent that the Sen-

ate proceed to the immediate consider-

ation of Calendar No. 571, S. 2773.

The PRESIDING OFFICER. The

clerk will report the bill by title.

The senior assistant legislative clerk

read as follows:

A bill (S. 2773) to amend the Leahy-Smith

America Invents Act to address satellite of-

fices of the United States Patent and Trade-

mark Office, and for other purposes.

There being no objection, the Senate

proceeded to consider the bill, which

had been reported from the Committee

on the Judiciary with an amendment

to strike all after the enacting clause

and insert the part printed in italic as

follows:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Unleashing

American Innovators Act of 2022’’.

SEC. 2. DEFINITIONS.

In this Act:

(1) D

IRECTOR

.—The term ‘‘Director’’ means

the Under Secretary of Commerce for Intellec-

tual Property and Director of the Office.

(2) O

FFICE

.—The term ‘‘Office’’ means the

United States Patent and Trademark Office.

(3) P

ATENT PRO BONO PROGRAMS

.—The term

‘‘patent pro bono programs’’ means the pro-

grams established pursuant to section 32 of the

Leahy-Smith America Invents Act (35 U.S.C. 2

note).

(4) S

OUTHEAST REGION OF THE UNITED

STATES

.—The term ‘‘southeast region of the

United States’’ means the area of the United

States that is comprised of the States of Vir-

ginia, North Carolina, South Carolina, Georgia,

Florida, Tennessee, Alabama, Mississippi, Lou-

isiana, and Arkansas.

SEC. 3. SATELLITE OFFICES.

(a) A

MENDMENTS TO

URPOSE AND

EQUIRED

ONSIDERATIONS

.—Section 23 of the Leahy-

Smith America Invents Act (35 U.S.C. 1 note) is

amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) by striking ‘‘increase outreach activities

to’’; and

(ii) by inserting after ‘‘Office’’ the following:

‘‘, including by increasing outreach activities,

including to individual inventors, small busi-

nesses, veterans, low-income populations, stu-

dents, rural populations, and any geographic

group of innovators that the Director may deter-

mine to be underrepresented in patent filings’’;

and

(B) by striking paragraph (2) and inserting

the following:

‘‘(2) enhance patent examiner and administra-

tive patent judge retention, including patent ex-

aminers and administrative patent judges from

economically, geographically, and demographi-

cally diverse backgrounds;’’; and

(2) in subsection (c)(1)—

(A) in subparagraph (D), by striking ‘‘and’’ at

the end;

(B) in subparagraph (E), by striking the pe-

riod at the end and inserting ‘‘; and’’; and

‘‘(F) with respect to each office established

after January 1, 2023, shall consider the prox-

imity of the office to anchor institutions (such

as hospitals primarily serving veterans and in-

stitutions of higher education), individual in-

ventors, small businesses, veterans, low-income

populations, students, rural populations, and

any geographic group of innovators that the Di-

rector may determine to be underrepresented in

patent filings.’’.

(b) S

OUTHEAST

EGIONAL

FFICE

.—

(1) I

N GENERAL

.—Not later than 3 years after

the date of enactment of this Act, the Director

shall establish a satellite office of the Office in

the southeast region of the United States.

(2) C

ONSIDERATIONS

.—When selecting a site

for the office required under paragraph (1), the

Director shall consider the following:

(A) The number of patent-intensive industries

located near the site.

(B) How many research-intensive institutions,

including institutions of higher education, are

located near the site.

business frameworks that support intellectual

property-intensive industries located near the

site.

TUDY ON

DDITIONAL

ATELLITE

FICES

.—Not later than 2 years after the date of

enactment of this Act, the Director shall com-

plete a study to determine whether additional

satellite offices of the Office are necessary to—

(1) achieve the purposes described in section

23(b) of the Leahy-Smith America Invents Act

(35 U.S.C. 1 note), as amended by this section;

and

(2) increase participation in the patent system

by individual inventors, small businesses, vet-

erans, low-income populations, students, rural

populations, and any geographic group of

innovators that the Director may determine to

be underrepresented in patent filings.

SEC. 4. COMMUNITY OUTREACH OFFICES.

(a) E

STABLISHMENT

.—

(1) I

N GENERAL

.—Subject to paragraphs (2)

and (3), not later than 5 years after the date of

enactment of this Act, the Director shall estab-

lish not fewer than 4 community outreach of-

fices throughout the United States.

(2) R

ESTRICTION

.—No community outreach of-

fice established under paragraph (1) may be lo-

cated in the same State as—

(A) the principal office of the Office; or

(B) any satellite office of the Office.

(3) R

EQUIREMENT FOR NORTHERN NEW ENG

LAND REGION

.—

(A) I

N GENERAL

.—The Director shall establish

not less than 1 community outreach office under

this subsection in the northern New England re-

gion, which shall serve the States of Vermont,

New Hampshire, and Maine.

(B) C

ONSIDERATIONS

.—In determining the lo-

cation for the office required to be established

under subparagraph (A), the Director shall give

preference to a location in which—

(i) as of the date of enactment of this Act—

(I) there is located not less than 1 public insti-

tution of higher education and not less than 1

private institution of higher education; and

(II) there are located not more than 15 reg-

istered patent attorneys, according to data from

the Office of Enrollment and Discipline of the

Office; and

(ii) according to data from the 2012 Survey of

Business Owners conducted by the Bureau of

the Census, less than 45 percent of the firms (as

that term is defined for the purposes of that

Survey) are owned by women, minorities, or vet-

erans.

(b) P

URPOSES

.—The purposes of the commu-

nity outreach offices established under sub-

section (a) are to—

(1) further achieve the purposes described in

section 23(b)(1) of the Leahy-Smith America In-

vents Act (35 U.S.C. 1 note), as amended by this

Act;

(2) partner with local community organiza-

tions, institutions of higher education, research

institutions, and businesses to create commu-

nity-based programs that—

(A) provide education regarding the patent

system; and

(B) promote the career benefits of innovation

and entrepreneurship; and

(3) educate prospective inventors, including

individual inventors, small businesses, veterans,

low-income populations, students, rural popu-

lations, and any geographic group of innovators

that the Director may determine to be underrep-

resented in patent filings, about all public and

private resources available to potential patent

applicants, including the patent pro bono pro-

grams.

SEC. 5. UPDATES TO THE PATENT PRO BONO

PROGRAMS.

(a) S

TUDY AND

PDATES

.—

(1) I

N GENERAL

.—Not later than 1 year after

the date of enactment of this Act, the Director

shall—

(A) complete a study of the patent pro bono

programs; and

(B) submit the results of the study required

under subparagraph (A) to the Committee on

the Judiciary of the Senate and the Committee

on the Judiciary of the House of Representa-

tives.

(2) S

COPE OF THE STUDY

.—The study required

under paragraph (1)(A) shall—

(A) assess—

(i) whether the patent pro bono programs, as

in effect on the date on which the study is com-

menced, are sufficiently serving prospective and

existing participants;

(ii) whether the patent pro bono programs are

sufficiently funded to serve prospective partici-

pants;

(iii) whether any participation requirement of

the patent pro bono programs, including any re-

quirement to demonstrate knowledge of the pat-

ent system, serves as a deterrent for prospective

participants;

(iv) the degree to which prospective inventors

are aware of the patent pro bono programs;

(v) what factors, if any, deter attorneys from

participating in the patent pro bono programs;

(vi) whether the patent pro bono programs

would be improved by expanding those programs

to include non-attorney advocates; and

(vii) any other issue the Director determines

appropriate; and

(B) make recommendations for such adminis-

trative and legislative action as may be appro-

priate.

(b) U

SE OF

ESULTS

.—Upon completion of the

study required under subsection (a), the Direc-

tor shall work with the Pro Bono Advisory

Council, the operators of the patent pro bono

programs, and intellectual property law associa-

tions across the United States to update the pat-

ent pro bono programs in response to the find-

ings of the study.

XPANSION OF

NCOME

LIGIBILITY

.—

(1) I

N GENERAL

.—The Director shall work with

and support, including by providing financial

support to, existing patent pro bono programs

and intellectual property law associations

across the United States to expand eligibility for

the patent pro bono programs to an individual

living in a household, the gross household in-

come of which is not more than 400 percent of

the Federal poverty line.

(2) R

ULE OF CONSTRUCTION

.—Nothing in para-

graph (1) may be construed to prevent a patent

pro bono program from electing to establish a

higher eligibility level, as compared to the level

described in that paragraph.

VerDate Sep 11 2014 04:37 Dec 07, 2022 Jkt 039060 PO 00000 Frm 00036 Fmt 4624 Sfmt 6333 E:\CR\FM\G06DE6.062 S06DEPT1

SSpencer on DSK126QN23PROD with SENATE