Congressional Record — Senate, June 16, 2022, Page S3006
Summary
This Senate section of the Congressional Record (S3006 and S3007, June 16, 2022) begins with the end of a bill text establishing an Interagency Task Force on Patents, with an authorization of appropriations. Under Submitted Resolutions, Grassley, for himself and Blumenthal, submitted Senate Resolution 682, designating June 15, 2022 as World Elder Abuse Awareness Day and the month of June as Elder Abuse Awareness Month; it was considered and agreed to. Booker submitted Senate Resolution 683, supporting the goals and ideals of World Sickle Cell Awareness Day. Text of Amendments includes SA 5098, proposed by Carper for Peters to a bill on semiconductor-related manufacturing.
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“Congressional Record — Senate, June 16, 2022, Page S3006.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-06-16-crec-2022-06-16-pt1-pgs3006-dae2555f8b/
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S3006 CONGRESSIONAL RECORD — SENATE June 16, 2022
‘‘§ 15. Interagency Task Force on Patents of the Director, the Commissioner shall con- Whereas most reported cases of abuse, ne-
‘‘(a) ESTABLISHMENT.—There is established sult with or otherwise furnish specific, avail- glect, and exploitation of older adults take
an interagency task force, to be known as able information to the Office with respect place within private homes, and approxi-
the Interagency Task Force on Patents (re- to certain applications, responses, or affida- mately 90 percent of the perpetrators in
ferred to in this section as the ‘task force’), vits after rejections in order to assist patent elder financial exploitation cases are family
to coordinate efforts between the Director examiners in carrying out the duties of those members or other trusted individuals, ac-
and the Commissioner of Food and Drugs (re- patent examiners. cording to the National Adult Protective
ferred to in this section as the ‘Commis- ‘‘(e) RULE OF CONSTRUCTION.—Nothing in Services Association;
sioner’) regarding communication about, subsection (d)(3)(B) shall be construed as— Whereas research suggests that elderly in-
evaluation of, and effective implementation ‘‘(1) directing the Office to interfere with dividuals in the United States who experi-
of the activities of the Office and the Food or delay the ministerial function of the Food ence cognitive impairment, physical disabil-
and Drug Administration with respect to and Drug Administration of listing patents; ities, or isolation are more likely to become
patents, and decisions or actions involving or the victims of abuse than those who do not
patents (as defined in section 2(c)(6)(B)), for ‘‘(2) indicating the position of the Office experience cognitive impairment, physical
human drugs and biological products. regarding the ability to assert a patent in in- disabilities, or isolation;
‘‘(b) MEMORANDUM OF UNDERSTANDING.— fringement litigation. Whereas other risk factors for elder abuse
‘‘(f) CONFIDENTIALITY.— can include low social support, poor physical
The Director and the Commissioner shall
‘‘(1) IN GENERAL.—The task force shall es- health, and experience of previous traumatic
enter into a memorandum of understanding,
tablish appropriate protocols to safeguard events, according to the National Center on
or update an existing memorandum of under-
confidentiality and prevent the inappro- Elder Abuse;
standing, for the purposes of implementing
priate disclosure of information when shar- Whereas close to half of elderly individuals
and carrying out the duties of the task force.
ing information between the Office and the who suffer from dementia will experience
‘‘(c) MEMBERSHIP.—The task force shall be
Food and Drug Administration. abuse during their lifetime, according to the
comprised of employees of the Office, who
‘‘(2) POTENTIAL REMEDIES.—In establishing Department of Justice;
shall be appointed by the Director, and em-
protocols under paragraph (1), the task force Whereas only 1 in 24 cases of elder abuse is
ployees of the Food and Drug Administra-
shall identify appropriate remedies for any reported according the New York State Of-
tion, who shall be appointed by the Commis-
potential injury suffered when confidential fice of Children and Family Services;
sioner, who have appropriate expertise and Whereas the Population Reference Bureau
decision-making authority regarding oper- information is made available, including in-
advertently, through the sharing of informa- estimates that 1,900,000 elders will live in
ational, administrative, technical, medical, nursing homes by 2030;
pharmacological, clinical, and scientific tion described in that paragraph.’’.
(b) TECHNICAL AND CONFORMING AMEND- Whereas, in a 2012 study conducted by
matters to carry out the functions of the Michigan State University, approximately 24
task force. MENT.—The table of sections for chapter 1 of
title 35, United States Code, is amended by percent of the nursing home residents who
‘‘(d) ACTIVITIES.—The task force shall participated in the study reported at least
carry out the following functions regarding adding at the end the following:
‘‘15. Interagency Task Force on Patents.’’. one incident of physical abuse by nursing
interagency coordination to promote recip- home staff;
rocal access of information: (c) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to Whereas, on World Elder Abuse Awareness
‘‘(1) Sharing information on the general Day, the United States mourned the loss of
processes of the Office and the Food and the Under Secretary of Commerce for Intel-
elderly individuals who perished in nursing
Drug Administration, what each such agency lectual Property and Director of the United
homes and other long-term care facilities
considers in its respective review of applica- States Patent and Trademark Office and the
during the COVID–19 pandemic;
tions, and how each such agency evaluates Commissioner of Food and Drugs such sums
Whereas the COVID–19 pandemic has led to
those applications, which may be undertaken as may be necessary for the purposes of car-
the emergence of new scams against older
through routine and ongoing meetings, rying out the functions of the Interagency
adults, including those related to vaccines;
workshops, and training sessions. Task Force on Patents established under sec-
Whereas there has been an increase in hate
‘‘(2) Sharing information on new approvals tion 15 of title 35, United States Code, as
crimes committed against older, Asian
of patents, human drugs and biological prod- added by subsection (a).
Americans during the COVID–19 pandemic;
ucts, new technologies and prior art (as ap- f Whereas, within the last 2 years, Congress
propriate on a case-by-case basis), and sci- passed and the President signed 2 measures
entific trends and developments. SUBMITTED RESOLUTIONS that make nearly $400,000,000 available for
‘‘(3) Establishing a process that requires— implementation of Elder Justice Act (42
---
‘‘(A) the Director to request from the Com- U.S.C. 1395i–3a et seq.) initiatives, the larg-
missioner (and the Commissioner to provide SENATE RESOLUTION 682—DESIG- est funding stream related to such initia-
to the Director, upon receiving such a re- NATING JUNE 15, 2022, AS tives in the history of the Act; and
quest)— ‘‘WORLD ELDER ABUSE AWARE- Whereas Congress, in passing the Elder
‘‘(i) appropriate information for use by em- NESS DAY’’ AND THE MONTH OF Justice Act of 2009 (42 U.S.C. 1395i–3a et seq.),
ployees of the Office with responsibility to the Older Americans Act of 1965 (42 U.S.C.
JUNE AS ‘‘ELDER ABUSE AWARE-
examine patent applications under section 3001 et seq.), the Elder Abuse Prevention and
131 (referred to in this section as ‘patent ex- NESS MONTH’’ Prosecution Act (34 U.S.C. 21701 et seq.), the
aminers’) regarding when certain informa- Mr. GRASSLEY (for himself and Mr. American Rescue Plan Act of 2021 (Public
tion relating to a human drug or biological BLUMENTHAL) submitted the following Law 117–2), and the Consolidated Appropria-
product approval, which may include updates resolution; which was considered and tions Act, 2021 (Public Law 116–260), recog-
to a label or newly approved indications, is nized the importance of protecting older peo-
agreed to:
made publicly available, including when ple of the United States against abuse and
such information is posted online; and S. RES. 682 exploitation: Now, therefore, be it
‘‘(ii) appropriate access for patent exam- Whereas, in 2021, approximately 53,000,000 Resolved, That the Senate—
iners to relevant sources of product applica- residents of the United States, or about 1 in (1) designates June 15, 2022, as ‘‘World
tion, approval, patent, and labeling informa- every 7 individuals, have attained the age of Elder Abuse Awareness Day’’ and the month
tion or communications between the Food 65, and by 2060, 95,000,000 individuals in the of June as ‘‘Elder Abuse Awareness Month’’;
and Drug Administration and the prescrip- United States will be over the age of 65 ac- (2) recognizes—
tion drug or biological product sponsors that cording to estimates by the Bureau of the (A) judges, lawyers, adult protective serv-
may not currently be subject to public dis- Census; ices professionals, law enforcement officers,
closure, as appropriate and only to the ex- Whereas elder abuse remains a challenging social workers, health care providers, advo-
tent necessary for the Office to carry out the problem and can come in many different cates for victims, and other professionals
responsibilities of the Office, including en- forms, often manifesting as physical, sexual, and agencies for their efforts to advance
suring accurate representations and the en- or psychological abuse, financial exploi- awareness of elder abuse;
forcement of the limitation on granting a tation, neglect, and social media abuse; (B) the important work of the Elder Jus-
patent because the claimed invention that Whereas elder abuse, neglect, and exploi- tice Coordinating Council, which has contin-
would be the subject of the patent was on tation have no boundaries and cross all ra- ued through the previous 2 Administrations
sale before the effective filing date of the cial, social, class, gender, and geographic and involves 15 different Federal agencies;
claimed invention, as described in section lines, according to the Elder Justice Coali- (C) the essential work done by adult pro-
ctelli on DSK11ZRN23PROD with SENATE
102(a)(1); and tion; tective services personnel, who regularly
‘‘(B) the Office to assist the Food and Drug Whereas more than 1 in 10 individuals in came to the assistance of victims, inves-
Administration in its ministerial role of list- the United States over the age of 60 have tigated reports of abuse, and actively pre-
ing appropriate and accurate descriptions of been subjected to abuse each year, with vented future victimization of older people
patents. many such victims enduring abuse in mul- in the United States, especially during the
‘‘(4) Establishing a process to ensure that, tiple forms, according to the American Jour- ongoing COVID–19 pandemic as the social
in appropriate circumstances, at the request nal of Public Health; isolation of elderly individuals due to stay-
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June 16, 2022 CONGRESSIONAL RECORD — SENATE S3007
at-home orders only increased the risk of Whereas sickle cell trait (referred to in Whereas while hematopoietic stem cell
abuse and neglect; and this preamble as ‘‘SCT’’) occurs when an in- transplantation (commonly known as
(D) the importance of supporting State dividual inherits one copy of the sickle cell ‘‘HSCT’’) is currently the only cure for SCD,
long-term care ombudsman programs, which gene from one parent, and when both parents and while advancements in treatment for
help prevent elder abuse and neglect in nurs- have SCT, there is a 25 percent chance that complications associated with SCD have
ing homes and other long-term care facili- any of their children will have SCD; been made, more research is needed to find
ties, where infection prevention and control Whereas there are an estimated 3,000,000 widely available and accessible treatments
deficiencies pose persistent challenges; individuals with SCT in the United States, and cures to help individuals with SCD; and
(3) applauds the work of the Elder Justice with many unaware of their status; Whereas, although June 19, 2022, has been
Coalition, and its members, whose efforts to Whereas an estimated 100,000 individuals designated as ‘‘World Sickle Cell Awareness
increase public awareness of elder abuse have SCD in the United States, with 1 out of Day’’ to increase public alertness across the
have the potential to increase the identifica- 365 African-American births and 1 out of United States and global community about
tion and reporting of this crime by the pub- 16,300 Hispanic-American births resulting in SCD, there remains a continued need for em-
lic, professionals, and victims, and can act as SCD, and nearly 1 out of 13 African-Amer- pirical research, early detection screenings
a catalyst to promote issue-based education ican babies are born with SCT; for SCD trait carriers, novel effective treat-
and long-term prevention; and Whereas SCD affects millions of people ments leading to a cure, and preventative
(4) encourages— throughout the world, especially individuals care programs with respect to complications
(A) members of the public and profes- of genetic descent from sub-Saharan regions from sickle cell anemia and conditions re-
sionals who work with older adults to act as of Africa, South America, the Caribbean, lated to SCD: Now, therefore, be it
catalysts to promote awareness and long- Central America, Saudi Arabia, India, Tur- Resolved, That the Senate—
term prevention of elder abuse— key, Greece, and Italy; (1) supports the goals and ideals of World
(i) by reaching out to local adult protec- Whereas the prevalence of SCT varies Sickle Cell Awareness Day;
tive services agencies, State long-term care greatly by region, with rates as high as 40 (2) commits to ensuring equitable access to
ombudsman programs, and the National Cen- percent in certain regions of sub-Saharan Af- new sickle cell disease (referred to in this
ter on Elder Abuse; and rica, eastern Saudi Arabia, and central India; resolution as ‘‘SCD’’) treatments by shining
(ii) by learning to recognize, detect, report, Whereas, in many countries that are poor the light among all economic, racial, and
and respond to elder abuse; in resources, more than 90 percent of chil- ethnic groups to improve health outcomes
(B) private individuals and public agencies dren with SCD do not live to see adulthood; for those living with SCD;
in the United States to continue work to- Whereas approximately 1,000 children in (3) calls on the Department of Health and
gether at the Federal, State, and local levels Africa are born with SCD each day, more Human Services to create global policy solu-
to combat abuse, neglect, exploitation, than half of whom will die before their fifth tions aimed at providing support for the
crime, and violence against vulnerable birthday; global community and the domestic re-
adults, including vulnerable older adults, Whereas the high prevalence of SCD in the sources needed to provide access to newborn
particularly in light of limited resources for central and western regions of India results screening programs, therapeutic interven-
vital protective services; and in approximately 20 percent of babies diag- tions, and support services in partnership
(C) those Federal agencies with responsi- nosed with SCD dying before the age of 2;
with local governments;
Whereas, in 2006, the World Health Assem-
bility for preventing elder abuse to fully ex- (4) supports eliminating barriers to equi-
bly passed a resolution, adopted by the
ercise such responsibilities to protect older table access for innovative SCD therapies,
United Nations in 2009, recognizing SCD as a
adults, whether living in the community or including cell, gene, and gene-editing thera-
public health priority with a call to action
in long-term care facilities. pies in the Medicare and Medicaid systems
that each country implement measures to
for the most vulnerable patients;
f tackle the disease;
(5) encourages the people of the United
Whereas screening newborns for SCD is a
SENATE RESOLUTION 683—SUP- States and the world to hold appropriate pro-
crucial first step for families to obtain a
grams, events, and activities on Sickle Cell
PORTING THE GOALS AND timely diagnosis and comprehensive care and
to decrease the mortality rate of children Awareness Day to raise public awareness of
IDEALS OF WORLD SICKLE CELL SCD traits, preventative care programs,
AWARENESS DAY with SCD;
Whereas approved treatments for SCD are treatments, and other patient services for
Mr. BOOKER (for himself, Mr. limited, with the Food and Drug Administra- those suffering from SCD, complications
BROWN, and Mr. VAN HOLLEN) sub- tion approving only 4 SCD therapies since from SCD, and conditions related to SCD;
2017, but there are more than 40 SCD thera- and
mitted the following resolution; which
pies in development; (6) urges that the options to be considered
was referred to the Committee on For- to combat SCD not only address access to
eign Relations: Whereas there is an immediate need for
lifesaving therapeutics that can improve the potential future curative treatments, but
S. RES. 683 duration and quality of life of individuals also address the bias that the population
Whereas sickle cell disease (referred to in with SCD; most affected by SCD continues to face with-
this preamble a ‘‘SCD’’) is a genetically in- Whereas, in 2020, the National Academies in the United States and global healthcare
herited condition present at birth that in- of Sciences, Engineering, and Medicine de- systems.
volves a group of red blood cell disorders and veloped a comprehensive strategic plan and f
is a major health problem in the United blueprint for action to address SCD, which
States and worldwide; highlights the need to develop new innova- AMENDMENTS SUBMITTED AND
Whereas the 2022 theme of World Sickle tive therapies and to address barriers to the PROPOSED
Cell Awareness Day, ‘‘Shine the Light on equitable access of approved treatments;
Sickle Cell’’, is an immediate call to action Whereas, in 2020, the Department of Health SA 5098. Mr. CARPER (for Mr. PETERS) pro-
to improve the health and quality of life for and Human Services, in partnership with the posed an amendment to the bill S. 3309, to re-
individuals living with SCD and their fami- American Society of Hematology and the quire SelectUSA to coordinate with State-
lies; Sickle in Africa Consortium and in collabo- level economic development organizations to
Whereas, in 1972, Dr. Charles Whitten es- ration with the World Health Organization, increase foreign direct investment in semi-
tablished the Sickle Cell Disease Association hosted a webinar for a joint effort to conductor-related manufacturing and pro-
of America, which is now headquartered in strengthen efforts to combat SCD during the duction.
Hanover, Maryland, to improve research, coronavirus disease (commonly known as f
education, and healthcare for SCD patients; ‘‘COVID–19’’) pandemic and beyond;
Whereas, in 1972, Congress passed the Na- Whereas the late Kwaku Ohene-Frempong, TEXT OF AMENDMENTS
tional Sickle Cell Anemia Control Act (Pub- M.D., Professor Emeritus of Pediatrics at the
lic Law 92–294; 86 Stat. 136), which provided Perelman School of Medicine at the Univer- SA 5098. Mr. CARPER (for Mr.
authority to establish education, informa- sity of Pennsylvania, an American Society of PETERS) proposed an amendment to the
tion, screening, testing, counseling, re- Hematology member who served on the Glob- bill S. 3309, to require SelectUSA to co-
search, and treatment programs for SCD pa- al Coalition on SCD, has been a leader in ad- ordinate with State-level economic de-
tients; vancing the body of knowledge in SCD re- velopment organizations to increase
Whereas SCD is a genetic mutation that search, public health, and medicine, and is foreign direct investment in semicon-
causes a single misspelling in the DNA in- recognized as immeasurably benefitting ductor-related manufacturing and pro-
ctelli on DSK11ZRN23PROD with SENATE
structions for hemoglobin, a protein that thousands of children worldwide;
duction; as follows:
aids in carrying oxygen in the blood, which Whereas there are emerging genetic ther-
may result in chronic complications related apy technologies, including gene editing, Strike all after the enacting clause and in-
to anemia, stroke, infections, organ failure, that can modify a patient’s own sert the following:
tissue damage, intense periods of pain re- hematopoietic stem cells to enable them to SECTION 1. SHORT TITLE.
ferred to as vaso-occlusive crisis, and pre- generate healthy red blood cells to prevent This Act may be cited as the ‘‘Securing
mature death; sickle cell crises; Semiconductor Supply Chains Act of 2022’’.
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