March 1, 2011 CONGRESSIONAL RECORD — SENATE S1029 David Kearns was the former chief Corporation, and with David’s leader- trying to persuade Republicans that I executive officer of the Xerox Corpora- ship raised $70 million in private cap- was their natural nominee for Presi- tion who, during the 1980s, led that cor- ital for that. That attracted hundreds dent of the United States. I wasn’t suc- poration to win back the copying mar- of design teams from around the coun- cessful in that, but I was enthusiastic ket from the Japanese. Along the way, try with ideas for how to create better about it. I had made to a Republican he found time to become America’s schools. President Bush hosted a num- group what I thought was an especially most effective business leader who was ber of America’s business leaders at good speech. During the speech, I a champion of education reform, espe- Camp David to help make that happen. talked about my work in the U.S. De- cially for pushing new technology into We worked with Diane Ravitch to partment of Education and I talked schools. He served as Deputy Education create an effort to implement stand- about David Kearns—about his leader- Secretary under the first President ards for the national education goals ship and about how he helped do all the Bush while I was the Secretary of Edu- that President Bush had helped to set things I have just mentioned. After the cation in 1991, 1992 and 1993. in 1987 with the Nation’s Governors. speech, an enthusiastic Republican I remember first meeting David These were the goals for math, science, lady came up to me and said: That was Kearns in 1990, when I was president of history, English, and geography, and a wonderful speech. Thank you very the University of Tennessee and had we took important steps toward that. much, I said. Now I know who should my office in Knoxville. He came into Today, the common standards States be President, she said. Well, thank you, my office, and on the way he said hello are adopting owe some of their begin- I said. She smiled and said: David to every single person in the outer of- nings to those efforts. Kearns. That was the opinion that she fice, and every single other person he We established commissions to look and I and almost everyone who met met while I was there. And he remem- at extending the school day. We pushed him had of David Kearns, whose 80 bered every single one of their names. for technology in the schools. The years in this country have been very I didn’t forget that, and they didn’t President proposed in 1992 a GI bill for special. forget him. When David Kearns left the kids, which would give scholarships to I thank the Presiding Officer, and I University of Tennessee from that visit poor kids so they could choose any yield the floor. I bought his book about education re- school, public or private or religious, The ACTING PRESIDENT pro tem- form and read it. so they could have more of the same pore. The Senator from North Carolina. Later that year, President Bush choices of good schools that kids with Mr. BURR. Madam President, are we called me and asked me to become his money had. in morning business? Education Secretary. I asked the Presi- By the time we left in 1993, every The ACTING PRESIDENT pro tem- pore. We are. dent if I could put together my own State in America had their own version Mr. BURR. I thank the Presiding Of- team, subject to his approval, and then of America 2000—it was Tennessee 2000 ficer. if we could put together our own plan, or New Hampshire 2000 or Kansas 2000— subject to his approval. Those were two moving toward the educational goals f of the smartest questions I ever asked, community by community. None of REMEMBERING FRANK BUCKLES because that meant I didn’t have to go that would have happened without through the White House staff to get Mr. BURR. Madam President, I wish David Kearns’ enthusiasm, skill, and the team cleared or the policy cleared. to take a moment in this Chamber to leadership. I could go directly to the President. honor the passing of the last doughboy, In 1992, during a riot over Rodney Mr. Frank Buckles, the last of those And as soon as I had that permission, I King in Los Angeles, President Bush called David Kearns and asked him if World War I veterans. Mr. Buckles was sent David to represent him. David had he would be willing to be the Deputy America’s last living World War I vet- a strong background in civil rights. Secretary of Education in the U.S. De- eran and he died Sunday in West Vir- While he was there, he telephoned me partment of Education. ginia. His death came 1 month after his I knew it would be hard to persuade and said: This is the hardest phone call 110th birthday, which he celebrated on him to do so. He was at the peak of his I have ever had to make. I have cancer. February 1 with his family. career. He had just retired as one of He had just discovered he had cancer of Frank Buckles was dedicated to serv- America’s best known business leaders. the sinus. When he came back, he had ing his country at all cost. He enlisted His friends said: Why in the world an operation and the operation gradu- in the U.S. Army when he was only 16 would you go into the government and ally destroyed his eyesight. years old. Throughout the Great War, subject yourself to all that abuse and That was 20 years ago, but it didn’t Mr. Buckles proved himself to be a take a secondary position in a minor stop David Kearns. During that time, brave soldier. He served on the RMS department? I asked President Bush to he created the Kearns Center for Lead- Carpathia, drove ambulances and mo- call David Kearns and recruit him, and ership at the University of Rochester, torcycles in France and England, and he did, appealing to his patriotism. where he graduated and served as escorted prisoners of war back to Ger- They both served in World War II. trustee for many years. Then to help many. David had such a passion for edu- him get around, because he couldn’t Mr. Buckles lived to see our country cation, he came on board, and it was see, or could barely see, he invited a at war several more times in his life. terrific that he did. It was a privilege young man each year to go with him He even survived as a prisoner of war to work with such an accomplished ex- and help him see and do what he need- during World War II. He had been cap- ecutive. Employees in the Department ed to do. For those young men—nearly tured while working for a shipping of Education loved having him around. 20 over the last 20 years—that has been company in the Philippines. Having him there helped recruit a dis- a remarkable opportunity to be in the As a soldier and as a civilian, Mr. tinguished team of leaders for the De- presence of one of America’s great Buckles lived a life defined by hard partment and we put together what we mentors at an early stage in their work, love of country, and a sense of thought, over 2 years, was a pretty im- lives. duty to his fellow citizens. His passing pressive program working with Presi- Everyone who knew David Kearns ad- marks the loss of a generation that dent Bush. mired him and loved him. A few days shared those same values, a generation Some of the ideas sound very famil- ago, I spoke with Shirley Kearns, Da- that built America into the country it iar today, especially to former Gov- vid’s wife of 56 years, and reminded her is today. My thoughts go out to his ernors. One idea was break-the-mold of what she already knows: how much family. schools. Today we call them charter David’s friendship meant to me. Honey It is also important we recognize schools, or start-from-scratch schools. and I will be thinking of them today that Mr. Buckles’ death is an impor- The thought was to have one in each and tomorrow in Rochester. We will be tant moment for all of America. Our congressional district—535 of them— thinking about Shirley, their 4 daugh- country should come together to honor funded by $1 million of seed money ters, 2 sons, and 18 grandchildren. Mr. Buckles and an entire generation from the Federal Government. For me, one story sums up David that has done so much to build a world To support those schools, we created Kearns’ life better than others. I think where democracy and freedom are cele- a new American Schools Development back to 1995, when I was in Utah. I was brated values. This is the reason that I

VerDate Mar 15 2010 00:24 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S01MR1.REC S01MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1030 CONGRESSIONAL RECORD — SENATE March 1, 2011 cosponsor, with my colleague from very close to a consensus bill the Sen- of the Patent and Trademark Office and un- West Virginia, Senator ROCKEFELLER, a ate can and should pass to help create dersecretary of commerce for intellectual resolution I hope our colleagues will good jobs, encourage innovation, and property, said in a recent interview. ‘‘If it support unanimously, to allow this last strengthen our recovery and economy. had, the C.E.O. would have been fired, the board would have been thrown out, and you in a generation of heroes to be recog- I ask unanimous consent to have would have had shareholder lawsuits.’’ nized by the Congress of the United printed in the RECORD the Statement Once patent applications are in the sys- States, either in a service or by lying of Administration Policy from the tem, they sit—for years. The patent office’s in honor in the Rotunda, a privilege Obama administration and the Edward pipeline is so clogged it takes two years for that is held for very few but one that I Wyatt article. an inventor to get an initial ruling, and an think rises to the occasion of the last There being no objection, the mate- additional year or more before a patent is fi- hero of a generation, an individual and rial was ordered to be printed in the nally issued. The delays and inefficiencies are more RECORD, as follows: a generation that played such a part in than a nuisance for inventors. Patentable the values of this country. We will STATEMENT OF ADMINISTRATION POLICY ideas are the basis for many start-up compa- have an opportunity to celebrate the S. 23—PATENT REFORM ACT OF 2011 nies and small businesses. Venture capital- life of this man, but, more impor- (Sen. Leahy, D–Vermont, and 11 cosponsors, ists often require start-ups to have a patent tantly, to cherish the fruits of his com- Feb. 28, 2011) before offering financing. That means that mitment to those freedoms and those The Administration supports Senate pas- patent delays cost jobs, slow the economy liberties that are protected still today. sage of S. 23. As a whole, this bill represents and threaten the ability of American compa- a fair, balanced, and necessary effort to im- nies to compete with foreign businesses. I yield the floor. Much of the patent office’s decline has oc- I suggest the absence of a quorum. prove patent quality, enable greater work sharing between the United States Patent curred in the last 13 years, as the Internet The ACTING PRESIDENT pro tem- age created a surge in applications. In 1997, pore. The clerk will call the roll. and Trademark Office (USPTO) and other countries, improve service to patent appli- 2.25 patents were pending for every one The assistant legislative clerk pro- cants and the public at the USPTO, and offer issued. By 2008, that rate had nearly tripled, ceeded to call the roll. productive alternatives to costly and com- to 6.6 patents pending for every one issued. Mr. LEAHY. Madam President, I ask plex litigation. The figure fell below six last year. unanimous consent that the order for By moving the United States to a first-to- Though the office’s ranks of patent exam- file system, the bill simplifies the process of iners and its budget have increased by about the quorum call be rescinded. 25 percent in the last five years, that has not The ACTING PRESIDENT pro tem- acquiring rights. This essential provision will reduce legal costs, improve fairness, and been enough to keep up with a flood of appli- pore. Without objection, it is so or- cations—which grew to more than 2,000 a day dered. support U.S. innovators seeking to market their products and services in a global mar- last year, for a total of 509,000, from 950 a day f ketplace. Further, by providing authority for in 1997. The office, like a few other corners of the the USPTO to establish and adjust its fees to CONCLUSION OF MORNING government, has long paid its way, thanks to reflect changes in costs, demand, and work- BUSINESS application and maintenance fees. That in- load, the bill would enhance productivity— come—$2.1 billion last year—has made it an The ACTING PRESIDENT pro tem- reducing delay in the patent application inviting target for Congress, which over the process—and ensure full cost recovery at no pore. Morning business is closed. last 20 years has diverted a total of $800 mil- taxpayer expense. Senate passage of this bill f lion to other uses, rather than letting the of- is consistent with the Administration’s com- fice invest the money in its operations. PATENT REFORM ACT OF 2011 mitment to support and encourage innova- Applications have also become far more tion that leads to improved competiveness, The ACTING PRESIDENT pro tem- complex, said Douglas K. Norman, president economic prosperity, and job growth—with- of the Intellectual Property Owners Associa- pore. Under the previous order, the out adding a penny to the deficit. tion, a trade group mainly of large tech- Senate will resume consideration of S. Finally, the Administration understands nology and manufacturing companies. 23, which the clerk will report by title. that several stakeholders have suggested ‘‘When I was a young patent lawyer, a pat- The assistant legislative clerk read that the provisions on damages and venue ent application would be 20 to 25 pages and are no longer needed in the legislation in as follows: have 10 to 15 claims,’’ Mr. Norman said. A light of recent court decisions in these areas. A bill (S. 23) to amend title 35, United claim is the part of the patent that defines The Administration would not object to re- States Code, to provide for patent reform. what is protected. ‘‘Now they run hundreds moval of these provisions from the final of pages, with hundreds, and sometimes Pending: version of the legislation. thousands, of claims.’’ Leahy amendment No. 114, to improve the The Administration looks forward to con- Lost in the scrutiny of the office’s logjam, bill. tinuing to work with the Congress to craft however, was the fact that the number of Vitter/Toomey amendment No. 112, to re- patent reform legislation that reflects sound patents issued reached a record last year— quire that the government prioritize all obli- policy and meets the needs of the Nation’s more than 209,000, or 29 percent more than gations on the debt held by the public in the innovators. the average of 162,000 a year over the pre- event that the debt limit is reached. vious four years. Rejections also hit a high Bennet amendment No. 116, to reduce the U.S. SETS 21ST-CENTURY GOAL: BUILDING A of 258,000—not a measure of quality, Mr. fee amounts paid by small entities request- BETTER PATENT OFFICE Kappos said, but a sign of greater efficiency. ing prioritized examination under Three- (By Edward Wyatt, Feb. 20, 2011) Between the backlog of 700,000 patents Track Examination. WASHINGTON.—President Obama, who em- awaiting their first action by an examiner Bennet amendment No. 117, to establish phasizes American innovation, says modern- and the 500,000 patents that are in process, a additional USPTO satellite offices. izing the federal Patent and Trademark Of- total of 1.2 million applications are pending. Lee amendment No. 115, to express the fice is crucial to ‘‘winning the future.’’ So at Sitting in his suburban Virginia office, not sense of the Senate in support of a balanced a time when a quarter of patent applications far from a model of the light bulb Edison budget amendment to the Constitution. come from California, and many of those presented for patent in November 1879 (which Mr. LEAHY. Madam President, yes- from Silicon Valley, the patent office is was approved two and a half months later), terday the Senate began debating the opening its first satellite office—in Detroit. Mr. Kappos proudly ticked off figures that he America Invents Act. We adopted the That is only one of the signs that have said proved the agency was heading in the committee amendments, and we pro- many critics saying that the office has its right direction. ceeded to have five additional amend- head firmly in the 20th century, if not the The backlog has actually declined about 10 19th. percent from a peak of 770,000 at the end of ments offered to the bill. This morning Only in the last three years has the office 2008. I will be offering a managers’ amend- begun to accept a majority of its applica- ‘‘We were able to work a 13-month year ment, along with the distinguished tions in digital form. Mr. Obama astonished last year,’’ he said, referring to the produc- Senator from Iowa, Mr. GRASSLEY, that a group of technology executives last year tivity increase in 2010 over 2009. ‘‘We are incorporates additional improvements when he described how the office has to print processing a far larger workload with the being made at the suggestions of Sen- some applications filed by computer and same number of examiners.’’ scan them into another, incompatible com- Still, Mr. Kappos wants to add more than ator COBURN, Senator SCHUMER, Sen- puter system. 1,000 examiners in each of the next two ator COONS, Senator BENNET, and oth- ‘‘There is no company I know of that would years, a 30 percent increase. Mr. Obama’s ers. have permitted its information technology 2012 budget calls for a 28 percent increase in When we adopt this managers’ to get into the state we’re in,’’ David J. spending, to $2.7 billion, over 2010. In two amendment, I believe we will move Kappos, who 18 months ago became director consecutive sessions, Congress has defeated a

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