Peter Welch

Mr. WELCH of Vermont

Mr. WELCH of Vermont. The question is this: Our small insurers in Vermont that do business in a good and friendly way usually are in the range of $100 million. That is above your limit. The requirement that they will have to, in effect, indicate an insolvency risk threatens their rating which would adversely affect their business. My question is, as you go forward, and as new information becomes available, my hope is that you and the committee would be willing to make what adjustments are feasible within the context of the overall goal.

Mr. WELCH of Vermont. I very much appreciate that.

Mr. WELCH of Vermont

Mr. WELCH of Vermont. Mr. Speaker, I would like to thank my colleagues on the Science & Technology Committee for their efforts in bringing H.R. 2850, the Green Chemistry Research and Development Act of 2007 to the House floor. This legislation is important and very necessary. ``Green chemistry and engineering'' is the term used to describe the environmentally conscious design of chemical products and processes that are made safer to human health and the environment by reducing or eliminating the use or creation of hazardous and harmful substances. Like many Americans, I am dedicated to reducing the causes and effects of global warming. Many of the solutions to global warming and other serious environmental problems need to be addressed at the molecular design level. This legislation does just that. It provides a path forward so that our chemists and engineers are able to conduct their work and research in an environmentally friendly manner. This bill is also in alignment with the innovations legislation that was signed into law in August. It will help to sustain the United States' position as a global leader in the science and engineering fields and promote our ability to compete with other nations. The National Academies report, ``Rising Above the Gathering Storm'', commissioned by the House Science & Technology Committee, points out the growing concern for America's ability to compete in today's global economy. H.R. 2850 supports innovation by: Authorizing funding for green chemistry and engineering research; Investing in young researchers; Fostering collaborative R&D partnerships among our universities, industry, and nonprofit organizations; Promoting education and training of undergraduate and graduate students, as well as professional chemists and chemical engineers; Recognizing the value of the Manufacturing Extension Partnerships in the adoption of green chemistry and engineering innovations; and Providing for much needed science research to identify barriers to commercialization of safer chemistry and engineering practices. This legislation is supported by my constituents who are members of the Green Mountain American Chemical Society. This organization includes members from Vermont's universities and colleges, and from Vermont industries, such as IBM, BF Goodrich, Seventh Generation, and Biotek. Other supporters of H.R. 2850 include Vermont's Manufacturing Extension Partnerships and the Vermont Technology Council. Vermont's business community is advocating ``green chemistry and engineering'' research. Vermont-based Seventh Generation Inc. is a leading nationwide distributor of environmentally sensitive household soaps, detergents, paper products and diapers. According to Jeff Hollender and Martin Wolfe at Seventh Generation, on the face of it, green chemistry is pretty basic: find ways to make non-toxic or less harmful chemical alternatives from non-toxic or less harmful raw materials using processes that don't create pollution, and manufacture goods using less water, energy, and other natural resources. While the concept is simple, the reality is far from it. However, instead of representing failure, the current lack of alternatives just means that a lot of work still needs to be done. Educators in Vermont are also supportive of increasing resources for green chemistry research. Dr. Daniel Savin of the University of Vermont is doing critical green chemistry research on the development and use of biodegradable plastics that are derived from renewable biomass resources as an alternative to the traditional petroleum-based plastics, whose production results in harmful greenhouse gas emissions. Dr. Savin is investigating the extraction of the feedstock for a new plastics material from whey-protein, a natural byproduct of Vermont's very important cheese production. These plastics could be used in pest control applications, weed suppression, and water retention; reducing the use of harmful chemicals and the depletion of natural resources. This is just one example of the value of investing in green chemistry and engineering research. H.R. 2850 represents an important investment in green chemistry and engineering research and education. I am pleased to support its passage and urge my colleagues to support this legislation.

Mr. WELCH of Vermont

Mr. WELCH of Vermont. Mr. Speaker, I close by making two comments. Number one, this bill was the product not just of exhaustive hearings by the subcommittee on a bipartisan basis. It's really been the work of a couple of Congresses. The patent reform system hasn't been changed in any significant way for literally over a half a century, and the changes that have occurred in our economy in electronic communications, in telecommunications, on software, on biotechnology, on every field that has produced wealth in this country have been extraordinary, yet the patent system has been stuck in 1952 mode. The process that the chairman, Mr. Berman, the ranking member, Mr. Smith, and others have had to go through to try to accommodate the legitimate concerns of the inventor community, of the corporate community, and the complexities of that have been extreme. This amendment that is being presented to you reflects an open process, not an open amendment with anything and everything on the table, but the product of an open process where everybody who had a concern was actually heard, and the best effort was made to accommodate them directly with specific legislation in the bill, in the manager's or in the amendments that were offered. So the committee members, on a bipartisan basis, with Mr. Berman and Mr. Smith, have done everything possible to accommodate the concerns of the inventor community, the corporate community, our modern economy and the representatives in this body who are standing up for their constituents. Secondly, there was some assertion that this is an anti-inventor bill. That is absolutely wrong. This is a bill that is being endorsed by the National Academy of Sciences, by many in the university community, and by others who have, as their whole motivation, the expansion of knowledge and then the implementation of the benefit of that knowledge through a patent system. So the committee has done an open process which has brought us to this point, and it has proposed changes that are 50 years in the making, that is going to strengthen and expand the rights of our patent community. Mr. Speaker, I urge a ``yes'' vote on the rule, House Resolution 636. I yield back the balance of my time, and I move the previous question on the resolution. The previous question was ordered.

Mr. WELCH of Vermont. Mr. Speaker, I continue to reserve.

Mr. WELCH of Vermont. Mr. Speaker, I reserve the balance of my time.

Mr. WELCH of Vermont. Mr. Speaker, I reserve the balance of my time.

Mr. WELCH of Vermont. Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Berman), chairman of the Intellectual Property Subcommittee.

Mr. WELCH of Vermont. Mr. Speaker, I yield myself such time as I may consume. H. Res. 636 provides for consideration of H.R. 1908, the Patent Reform Act of 2007, under a structured rule. The rule provides 1 hour of debate equally divided and controlled by the chairman and ranking minority member of the Judiciary Committee. The rule makes in order and provides appropriate waivers for five amendments: a bipartisan manager's amendment, three Republican amendments, and one Democratic amendment. Mr. Speaker, H.R. 1908 is a necessary bill and landmark legislation. The last time that our patent laws had been substantially updated was 1952, over a half century ago. Much, obviously, has changed in the United States and the world in those 50 years, and that is quite an understatement. Unfortunately, the U.S. patent law has failed to keep up. Before I discuss the merits of the underlying bill, I must commend Chairman Conyers, Subcommittee Chairman Berman and Ranking Member Mr. Smith for their tireless work on this bill. It has not been easy to make the reforms that are so intricate and complex in such a complicated system, but these gentlemen worked hard with their committee and did so admirably, bringing to us a patent reform bill that is going to move America forward. I would also be remiss if I did not acknowledge the tremendous contribution of Senator Leahy, who happens to be someone I am particularly proud as he is the senior leader of our delegation here in Congress. As chairman of the Senate Judiciary Committee, he spent years working on the patent system and has become a driving force behind getting this legislation to the floor. All of us, I believe, in this House see this bill as major progress in reflecting a commitment to the protection and support of the Nation's intellectual property. This system was built to sustain and protect the nuts and bolts of the American economy, our ideas and innovations. The legislation does enjoy very strong bipartisan support. Both Ranking Member Smith and subcommittee Ranking Member Coble, who have done great and hard work, are cosponsors. It is the product of 4 years of hearings, debates, negotiations, and compromises. Since 2001, there have been over 21 hearings on patent issues at the subcommittee level, and the subcommittee chairman and ranking member sought input from, among others, the Federal Trade Commission, U.S. Solicitor General, National Academy of Sciences, and businesses ranging from high tech and biotech companies to traditional manufacturing and pharmaceutical companies, as well as from our university community and from labor. H.R. 1908 reforms our outdated patent system, which currently encourages patent speculation, increases litigation, often harms small inventors and impedes innovation. First, the legislation moves the United States into a pure first-to- file patent system. Right now the United States is literally the only major industrialized country to retain the first-to-invent system. This change from first-to-invent to first-to-file will inject clarity and certainty into the process and relieve the U.S. system of some extremely burdensome requirements such as protracted interference proceedings often costing up to a million dollars to determine which of many applicants deserves a patent and detailed record keeping. Both of these often disadvantage smaller inventors who might not have the resources to initiate such proceedings. This change to a first-to-file system puts the U.S. in sync with every other industrialized country. Greater harmonization is obviously going to make it easier for U.S. inventors to secure patent rights in other countries as international patent protection becomes increasingly important to their ability and the ability of United States inventors to compete on a level playing field. Next, this legislation makes important improvements to the patent system by which patents can be reexamined. By providing for reexamination of issued patents, H.R. 1908 eliminates the ability to intentionally ``game the system'' by speculating on the issuance of very poor-quality patents, nothing added to the intellectual capital of this country, but used as a device to increase private gain. This provides a streamlined alternative to costly patent litigation. This ability to have a quality check on patents that have already been issued is crucial to the integrity of the patent system as patents of questionable value can stifle innovation. Companies around the country are much like some companies that operate in Vermont, including IBM, which has been a leader in the number of issued patents for the past 14 years in our State. They were awarded in 10 years 3,621 patents in the U.S. in 2006; 360 of those, fully 10 percent, came from the IBM office in Essex Junction, Vermont. That is 10 percent of their total patents from Vermont alone. They have been in business for decades, and improving the quality and security of the patent system is extraordinarily important to them, and obviously to other individuals and companies large and small around our country. This bill also allows third parties to submit documents relevant to the examination of a patent application. This provision addresses the growing concern that patents have been issued on inventions that were publicly known and in prior use to the filing of the application. This is particularly important in the newer areas of technology in fields that do not yet have a fully well-developed tradition of publishing findings such as computer systems and software and business methods. Finally, this bill makes some crucial improvements to the calculation and apportionment of damages. H.R. 1908 allows for the reasonable royalty calculations that more accurately reflect the value of any invention that is being infringed. Our patent system is far too important to be behind the times. Quality patents must continue to be issued. They must continue to be protected for those who have legitimately created a new invention. This legislation is a huge step in modernizing this system for decades of American innovation to come. I urge my colleagues to support this rule and the underlying bill. Mr. Speaker, I reserve the balance of my time.

Mr. WELCH of Vermont. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H. Res. 636.

Mr. WELCH of Vermont. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Lincoln Diaz-Balart). All time yielded during consideration of the rule is for debate only. General Leave

Mr. WELCH of Vermont. Mr. Speaker, I yield 2 minutes to my friend and colleague, the gentleman from California (Mr. Issa), a member of the Judiciary Committee.

Mr. WELCH of Vermont. Mr. Speaker, I yield 1 minute to the gentleman from Michigan (Mr. Conyers), Chair of the Judiciary Committee.

Mr. WELCH of Vermont. Mr. Speaker, I yield 2 minutes to the gentleman from Maine (Mr. Michaud).

Mr. WELCH of Vermont. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 636 and ask for its immediate consideration.

Mr. WELCH of Vermont

Mr. WELCH of Vermont. Madam Speaker, I yield myself such time as I may consume for a closing remark. Percy Sutton was the embodiment of the American Dream, and he did it as a man who grew up with the kind of prejudice that the chairman just alluded to. It is just an honor, I think, for all of us to have the kind of inspiration that a person like Percy Sutton has provided to our country, service in the military, and really the most decorated service unit in the whole war and accomplishing that against enormous obstacles. People didn't want them to serve, yet they did, and they had confidence in us and our country despite the fact many in our country did not have confidence or even respect for them. Then his array of accomplishments in politics, as a civic leader, a commitment to this community. Harlem, which the chairman called a village, at many other times had really tough times, and this man had confidence that this community and the people in it had as much a future as any other American. He then acted with the skills that he possessed, the energy that he had, and made Harlem into what is now, a very vital community in the City of New York. So the Committee on Government Operations, with support from both sides of the aisle, is very proud to be bringing to the House for its full consideration the naming of this post office in honor of a great American.

Mr. WELCH of Vermont. Madam Speaker, I yield 5 minutes to the gentleman from New York (Mr. Rangel). (Mr. RANGEL asked and was given permission to revise and extend his remarks.)

Mr. WELCH of Vermont. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, as a member of the Committee on Oversight and Government Reform, I rise in support of H.R. 954, which designates the facility of the United States Postal Service located at 365 West 125th Street in New York City as the Percy Sutton Post Office Building. This measure, which has the support of the New York delegation, was unanimously reported from our committee on July 19, 2007. Madam Speaker, I have many remarks that I can make about Mr. Sutton, somebody that I don't know but read about as a young man growing up in, of all places, Massachusetts and then Vermont. But whatever I say is not worth listening to when we have another member of the New York delegation, remarkable in his own right, who actually knows Mr. Sutton and I expect is going to share some of his good qualities and be somewhat silent on anything else that may not be appropriate stories about the interactions of these two terrific men. So I am going to reserve my time, and when the appropriate moment comes, allow the distinguished Member from New York to speak on behalf of the merits of Mr. Sutton, where he will be forever commemorated by having his name on a post office in the great city of New York.

Mr. WELCH of Vermont

Mr. WELCH of Vermont. Madam Speaker, I reserve the balance of my time.

Mr. WELCH of Vermont. Madam Speaker, I yield back the balance of my time.

Mr. WELCH of Vermont

Mr. WELCH of Vermont. Madam Speaker, I yield such time as he may consume to my colleague from Ohio (Mr. Space).

Mr. WELCH of Vermont. Madam Speaker, as a member of the House Committee on Oversight and Government Reform, I am pleased to join my colleague in the consideration of H.R. 3052, which names a postal facility in Cambridge, Ohio, after John Herschel Glenn, Jr. H.R. 3052 was introduced by Representative Zach Space on July 16, 2007, and reported from the Oversight Committee on July 19, 2007, by voice vote. This measure has the support of the entire Ohio congressional delegation. As America knows, Mr. Glenn, Senator Glenn, is a pioneering astronaut, pilot, former United States Senator, and a true hero with a distinguished and impressive career in service to our Nation. He was born on July 18, 1921, in Cambridge, Ohio. He entered the Naval Aviation Cadet Program in March 1942 and commissioned in the Marines Corps in 1943. After completing advanced training, he joined the Marine Fighter Squadron 155 and spent a year flying F-4U fighters in the Marshall Islands. During World War II, he flew 59 combat missions. After the war, he was a member of the Marine Fighter Squadron 218 on the North China patrol and served in Guam. From June 1948 to December 1950, Mr. Glenn taught advanced flight training in Texas. He volunteered for the Korean War, flying 63 missions and shooting down three enemy aircraft. He received the Distinguished Flying Cross six times and several other medals. He has many other accomplishments that I believe we will hear about from Representative Space when he has an opportunity to speak, but he is a person widely known to Americans, Republicans, Democrats, independents, people who are active politically, those who aren't, people who revere public service in the military and in politics as one of the most extraordinary Americans of our time. Madam Speaker, I commend my colleague, Representative Space, for introducing this legislation and urge the swift passage of this bill. Madam Speaker, I reserve the balance of my time. (By unanimous consent, Mr. Boehner was allowed to speak out of order.) Announcing the Passing of Congressman Paul E. Gillmor

Mr. WELCH of Vermont. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 3052) to designate the facility of the United States Postal Service located at 954 Wheeling Avenue in Cambridge, Ohio, as the ``John Herschel Glenn, Jr. Post Office Building''.

Mr. WELCH of Vermont

Mr. WELCH of Vermont. Madam Speaker, I reserve the balance of my time.

Mr. WELCH of Vermont. Madam Speaker, I reserve the balance of my time.