CONYERS & BLUMENTHAL Lay Out The Constitutional Case For Complelling President Trump To Obey Anti-Corruption Foreign Emoluments Clause

In the week since nearly 200 Members of Congress filed a lawsuit to compel President Trump to comply with the Constitution, public reporting has revealed new evidence of foreign benefits

[WASHINGTON, DC] – House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and U.S. Senator Richard Blumenthal (D-CT) held a press conference at 12:30 PM in the Capitol Visitors Center (SVC-215) to outline the Constitutional case for compelling President Trump to obtain the consent of Congress before accepting payments, benefits, or gifts from foreign states. 

Last week, nearly 200 Members of Congress filed a complaint, below, in the U.S. District Court for the District of Columbia against President Trump, whose ongoing failure to disclose his foreign business dealings violates one of the Constitution’s critical anti-corruption provisions: the Foreign Emoluments Clause.

In the week since the lawsuit was filed, public reporting has revealed that President Trump has received additional foreign benefits – including new trademarks in China– and is brokering business deals in Saudi Arabia and the Persian Gulf while regional tensions escalate.

“We are joining in this action to prevent Donald Trump from thumbing his nose at the Constitution and the American people. The Constitution clearly states that no elected official - including the President - may receive gifts, payments, or benefits from foreign governments without disclosing them to Congress and seeking our consent,” Senator Blumenthal said. “The immense magnitude of President Trump's vast business empire is no excuse for his disregard of the Constitution and disrespect for the American people.”

“For generations,” Representative Conyers said, “presidents of both parties have complied with the Foreign Emoluments Clause by either divesting their business and financial holdings, or coming to Congress to seek approval prior to receiving any foreign government payment or other benefits. Our current President has done neither. This course of conduct is keeping Americans in the dark – leaving us to speculate if he’s acting on behalf of the American people or for his own financial benefit. Today’s legal action is designed to help lift our Nation out of this morass of conflicts and restore faith in our government, just as the founders intended.”

Because President Trump has refused to disclose his business dealings abroad, the full scope of his potential Constitutional violations is unknown. Independent reporting has shown that President Trump has received the following foreign emoluments during his presidency among others:

·         Payments from foreign governments housing their officials in rooms or hosting events at Trump’s Washington, D.C. hotel after Inauguration Day;

·         Entities owned by foreign states paying rent at Trump World Tower in New York City; and

·         The Chinese government granting thirty-nine trademarks to the Trump Organization.

U.S. Senators Patrick Leahy (D-VT), Tom Udall (D-NM), and Tammy Duckworth (D-IL) and U.S. Representatives Jerry Nadler (D-NY), Katherine Clark (D-MA) and Steve Cohen (D-TN) will also attend Tuesday’s press conference. They will be joined by Elizabeth Wydra, President of the Constitutional Accountability Center, the public interest organization whose attorneys are representing Members of Congress.

U.S. Congressman John Conyers, Jr. (D-MI)
U.S. Senator Richard Blumenthal, (D-CT)
U.S. Senator Patrick Leahy (D-VT)
U.S. Senator Tom Udall (D-NM)
U.S. Senator Tammy Duckworth (D-IL)
U.S. Representative Jerry Nadler (D-NY)
U.S. Representative Katherine Clark (D-MA)
U.S. Representative Steve Cohen (D-TN)
Elizabeth Wydra, President, Constitutional Accountability Center

Congress v. Donald Trump Lawsuit in Violation of the Constitution’s anti-corruption Foreign Emoluments Clau... by Beverly Tran on Scribd

Trump, Donald J 2017 Financial Disclosure Report by Neetzan on Scribd

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CONYERS, LEAHY & LOFGREN Send Letter To Kushner Companies Asking About EB-5 VISAs And Conflicts Of Interest

Dean of the U.S. House
of Representatives
John Conyers, Jr.

WASHINGTON (THURSDAY, June 1, 2017) – Senator Patrick Leahy (D-Vt.), Representative John Conyers, Jr. (D-Mich.), and Representative Zoe Lofgren (D-Calif.) on Thursday pressed the president of Kushner Companies for answers on the company’s use of EB-5 visas and its continued ties to Jared Kushner, President Trump’s top advisor and son-in-law.  At a time when Mr. Kushner is facing scrutiny over his contacts with Russian officials and his former company reportedly is facing financial trouble at its company headquarters and marquee building, there are mounting questions about Kushner Companies’ reliance on and recruitment of foreign investment through the EB-5 Immigrant Investor program.  Leahy has worked for years to reform the flawed EB-5 program, and he was joined by House Judiciary Committee Ranking Member John Conyers (D-Mich.) and House Judiciary Immigration Subcommittee Ranking Member Zoe Lofgren (D-Calif.), who have worked for years to reform the EB-5 program in the House of Representatives.

The EB-5 program has recently been under scrutiny due to documented cases of fraud and concerns that it is not serving the disadvantaged communities that it was originally intended to benefit.  In the letter, Leahy, Conyers, and Lofgren ask about Kushner Companies’ lobbying efforts and about whether Kushner Companies’ practices, and those of its U.S. and Chinese partners, comply with EB-5 program rules and U.S. securities laws.  They also demand answers about Kushner Companies’ use of its relationship to the White House to recruit foreign investors.

Conyer, Leahy & Lofgren Letter To Kushner About EB-5 VISAS & Conflicts of Interest by Beverly Tran on Scribd

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CONYERS, GOODLATTE, LEAHY, GRASSLEY Remain Committed to Good-Faith Talks to Reform Investor Visa Program Ahead of Expiration

EB-5 reforms needed to curb fraud, abuse, national security risks 

Washington, D.C. - Bipartisan, bicameral Judiciary Committee leaders today reaffirmed their commitment to reform the troubled EB-5 investor visa program ahead of its scheduled expiration on April 28, or to let the flawed program expire if reforms are not possible.  Senate Judiciary Committee Chairman Chuck Grassley and Senator Patrick Leahy, along with House Judiciary Ranking Member JohnConyers, Jr. and Committee Chairman Bob Goodlatte reiterated requirements of any meaningful negotiation as they continue to search for a compromise on EB-5 reform.  The program has longstanding, well-documented fraud, abuse and national security concerns, and has drifted away from Congress’ original intent: spurring job creation in rural and economically depressed areas.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“Despite the well-documented and rampant abuse of the EB-5 Regional Center Program that we have exposed in recent years, we remain committed to working in good faith with our colleagues and industry stakeholders to bring about much needed reforms to this troubled program. However, as we have made clear time and time again, any reforms must contain genuine and sincere changes to allow rural and distressed urban areas, the very communities this program is supposed to benefit, to compete for investment dollars. In addition, any reforms must address the many national security and fraud concerns by containing – without loopholes – compliance measures, background checks, and transparency provisions,” the lawmakers said.

“Just a few weeks ago, we were encouraged by a reasonable proposal offered by IIUSA, the nation’s largest EB-5 industry trade association, containing significant reforms to the program. The proposal was a good faith effort to address our concerns and provide long-term stability to the program, and could have served as a basis for reform negotiations.

“As we have in the past, we remain willing to work with our colleagues and industry groups to produce meaningful reform. This must include strong transparency and anti-fraud measures, meaningful investment differentials, adjustments of the investment amounts to appropriately account for inflation, adequate set asides for both rural and urban distressed areas, and an end to the program’s abusive gerrymandering practices.” 

In a recent letter, below, to congressional leadership, the lawmakers, along with Senate Judiciary Committee Ranking Member Dianne Feinstein, stated that the program should expire absent these reforms.

U.S. House and Senate Judiciary Letter To Leadership On Reform Investor Visa Program 4-6-2017 by Beverly Tran on Scribd

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CONYERS, GOODLATTE, GRASSLEY, FEINSTEIN, LEAHY Call for Quick Action on Legislation to Provide Selection Process for Register of Copyrights

Makes Register a Presidential Appointment with Senate Confirmation 

Washington, D.C. -- House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.) and Chairman Bob Goodlatte (R-Va.)  today introduced the Register of Copyrights Selection and Accountability Act, which is the product of months of bicameral, bipartisan discussions led by Ranking Member John Conyers, Jr. (D-Mich.), Chairman Goodlatte, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), Ranking Member Dianne Feinstein (D-Calif.), and Senate Judiciary Committee Member Patrick Leahy (D-Vt.).

The Register of Copyrights Selection and Accountability Act makes important changes to the selection process for the head of the U.S. Copyright Office, known as the Register of Copyrights.  Specifically, the legislation requires the Register to be nominated by the President of the United States and subject to confirmation by the U.S. Senate.  It would also limit the Register to a ten year term which is renewable by another Presidential nomination and Senate confirmation.

Chairman Goodlatte, Ranking Member Conyers, Chairman Grassley, Ranking Member Feinstein, and Senator Leahy released the following joint statement upon introduction of the Register of Copyrights Selection and Accountability Act.

Dean of the U.S, House
of Representatives
John Conyers, Jr.

“We are pleased to join together in a bipartisan, bicameral effort to make important and necessary improvements to the selection process for the position of Register of Copyrights. We remain absolutely committed to working on modernizing the Copyright Office. Reforms being considered include public advisory committees, improvements to Copyright Office systems for data inputs and outputs, and copyright ownership transparency.  However, time is of the essence when it comes to the selection process for a new Register of Copyrights.

“America’s creativity is the envy of the world and the Copyright Office is at the center of it.  With the current Register serving only on an acting basis, now is the time to make changes to ensure that future Registers are transparent and accountable to Congress.  We must ensure that any new Register is a good manager and fully qualified to lead and make this office more operationally effective as he or she continues to directly advise Congress on copyrights. The next Register of Copyrights should be dedicated to serving all stakeholders in the copyright ecosystem.”  

The Register of Copyrights Selection and Accountability Act was introduced with twenty-nine bipartisan cosponsors.

Background:  As part of the copyright review, the House Judiciary Committee held 20 hearings which included testimony from 100 witnesses.  Following these hearings, Chairman Goodlatte and Ranking Member Conyers invited all prior witnesses of the Committee’s copyright review hearings and other interested stakeholders to meet with Committee staff and provide additional input on copyright policy issues.  In addition, the House Judiciary Committee conducted a listening tour with stops in Nashville, Silicon Valley, and Los Angeles where they heard from a wide range of creators, innovators, technology professionals, and users of copyrighted works. In December 2016, Chairman Goodlatte and Ranking Member Conyers released the first policy proposal to come out of the Committee’s review of U.S. Copyright law.  Additional policy proposals will be released.

Register of Copyrights Selection and Accountability Act of 2017 by Beverly Tran on Scribd

Original Cosponsors:

Karen Bass (D- Calif.) Andy Biggs (R-Ariz.) Marsha Blackburn (R-Tenn.) Ken Buck (R-Colo.) Steve Chabot (R-Ohio) Judy Chu (D-Calif.) David Cicilline (D-R.I.) Doug Collins (R-Ga.) Ron DeSantis (R-Fla.) Ted Deutch (D-Fla.) Blake Farethold (R-Texas) Trent Franks (R-Ariz.) Matt Gaetz (R-Fla.) Louie Gohmert (R-Texas) Trey Gowdy (R-S.C.) Sheila Jackson Lee (D-Texas) Hank Johnson, Jr. (D-Ga.) Mike Johnson (R-La.) Jim Jordan (R-Ohio) Steve King (R-Iowa) Raul Labrador (R-Idaho) Ted Lieu (D-Calif.) Tom Marino (R-Penn.) Jerrold Nadler (D-N.Y.) Ted Poe (R-Texas) John Ratcliffe (R-Texas) Martha Roby (R-Ala.) Jim Sensenbrenner (R-Wisc.) Lamar Smith (R-Texas)

Reform of the U.S. Copyright Office by Beverly Tran on Scribd

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CONYERS Statement for the Hearing on, “The Department of Homeland Security’s Proposed Regulations Reforming the Investor Visa Program”

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Thank you Chairman Goodlatte. Last Congress, I had the honor of working with you, Chairman Grassley, and Senator Leahy in an effort to reform the EB-5 Investor Visa Program. While the proposed DHS regulations would go a long way toward addressing many of our longstanding and serious concerns with the program, there is no substitute to a meaningful legislative solution.

I remain confident that we can accomplish these important legislative reforms this Congress and I look forward to continuing to work with you.

I have taken a particular interest in the EB-5 Investor Visa program because I believe it has drifted far from the program initially envisioned by Congress.  As a result the communities that need investment the most – specifically, rural and distressed urban areas – struggle to benefit from the program and are unfairly placed in direct competition with developed, affluent areas.

When Congress established the EB-5 investor visa program in 1990, the intention was to create jobs for American citizens and to bring new investment capital to the United States.  To help encourage investment and job creation in rural or high unemployment areas, the EB-5 Program offered a reduced investment level of $500,000 for projects in designated Targeted Employment Areas (TEAs).

However, as reported by the GAO, academics, The Wall Street Journal, and many other news sources, the vast majority of EB-5 investment funds are going to projects in some of America’s wealthiest corridors.  They qualify as TEAs, or economically distressed, only by aggregating census tracts across many miles, and often across natural boundaries such as rivers.

This practice has been criticized by the Leadership Conference on Civil Rights, noting that “the EB-5 Regional Center Program has dramatically deviated from its original purpose – to spur job creation and development in rural and high unemployment areas.”  Steering investments to projects in our cities’ well-to-do neighborhoods comes at the expense of EB-5 funds for urban and rural communities. 

According to the Center for American Progress, the Congressional District that I represent, for instance, is the second-most impoverished district in the United States.  I am pleased to say that under the Obama Administration our economic environment began to improve.  It is slow, and we have a long way to go.  But for those Americans living in my city of Detroit, and in many other cities across the country, manipulation of Targeted Employment Areas has diverted a potential source of jobs and neighborhood improvement away from those it was intended to help.

The Department of Homeland Security’s proposed rules make a number of important reforms:

First, the rules would raise the higher investment level to adjust for inflation from 1 million to 1.8 million and would raise the lower investment amount from $500,000 to $1.35 million.

Second, the rules would reduce the difference between the statutory and Targeted Employment Area investment levels and would allow for conforming adjustments based on inflation beginning five years from the effective date.

Third, the rules would significantly reign in manipulation of targeted employment areas.

I am encouraged by this development from the Department of Homeland Security and consider the proposed rulemakings as movement in the right direction. However, I must reiterate, to achieve the necessary reforms to the EB-5 program there is no substitute to a meaningful legislative solution. And, absent significant reform – either regulatory or legislative – I will not be able to support continued authorization of the program.

In closing, I want to thank the witnesses for their willingness to appear before our Committee and I look forward to an open and honest debate about the proposed regulations and the future of the EB-5 Program.

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CONYERS: We need an Independent, Non-Partisan Commission To Investigate Trump and Russia Ties

 

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Attorney General Jeff Sessions announced that he would recuse himself from Trump Campaign related investigations. However, his recusal should not be limited to only investigations involving the Trump Campaign. Under 28 CFR § 45.2, the Attorney General is required to recuse himself from a criminal investigation when he has a “personal or political relationship with any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution,” and must also recuse himself from any investigation where his participation would “create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.”

Serious allegations of misconduct involving President Trump and his associates occurred subsequent to the presidential election—including but not limited to communications between General Flynn and the Russian government, potentially improper contact between White House aides and officials within the Justice Department, and misstatements by the Attorney General himself.

Just as importantly, we need to ensure that any investigation involving issues which overlap between the campaign and the Administration are fully and fairly investigated, including what influence the Russian government, Russian intelligence and Russian financial interests may have with regard to Mr. Trump and his Administration, and whether there have been any efforts to cover-up the same.

As such, the Attorney General must recuse himself from any and all investigations involving the campaign, the transition, and the Trump Administration. He must obviously step aside from any investigation in which he himself may be a target.

I am not persuaded by the Attorney General’s effort to explain his misstatements to the Senate Judiciary Committee, in response to questions asked verbally by Senator Franken and in writing by Senator Leahy, and it is not at all clear that an after-the-fact clarification to the Committee will resolve this matter. As every Democrat on the House Judiciary Committee wrote, the question of whether or not the Attorney General’s statement constitutes perjury should be reviewed by the FBI and the U.S. Attorney for the District of Columbia.

I am troubled by President Trump’s statement that he does not think Attorney General Sessions should recuse himself from any Russia-related investigations. It was wholly inappropriate for the President to discourage the Attorney General or anyone else from recusing themselves from any ongoing criminal investigation—let alone an investigation in which he and members of his Administration are potential suspects. Such statements fly in the face of applicable DOJ guidelines. They also smack of an attempted cover-up.

These events and statements also make abundantly clear, as I and many other Members of Congress have stated previously, that we need an independent, non-partisan commission to review the entire matter.

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EMMETT TILL UNSOLVED CIVIL RIGHTS CRIMES REAUTHORIZATION ACT PASSED BY CONGRESS

Washington, DC—During its final session of the 114th Congress, the Senate passed the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (S.2854/H.R.5067).  In the Senate, the bill was led by Sen. Richard Burr (R-NC), Sen. Patrick Leahy (D-VT), Sen. Claire McCaskill (D-MO), and Sen. Roy Blunt (R-MO).  In the House, original sponsors were Rep. John Conyers, Jr. (D-MI), Rep. John Lewis (D-GA) and Rep. Jim Sensenbrenner (R-WI). The bill now heads to the President to be signed into law.

BACKGROUND

Before the passage of major civil rights legislation in the 1960s, hundreds of racially suspicious crimes were committed in this country, and few attempts to prosecute them were ever pursued.  Tuskegee Institute once kept a record of verified lynchings in the United States from 1877 to 1950.  The institute documented that nearly 4000 mainly unprosecuted civil rights crimes occurred during that period.  Many American families continue to pass down stories of loss and disappearance even today without knowing the truth about what actually happened to their loved ones. 

PRIMARY GOALS OF THE BILL

The Emmett Till Unsolved Civil Rights Crimes Reauthorization Act represents a critical opportunity to right these wrongs committed, primarily against African Americans, but also against people of diverse backgrounds.  In some cases, individuals still remain who were witnesses to these crimes or who can help provide evidence regarding these incidents.  This bill reauthorizes and updates the original legislation that was signed into law in 2008.  It seeks to respond to the concerns of victims' family members and strengthen collaboration between the Justice Department, the FBI, State and local law enforcement, and advocates to pursue these cold cases.  There is a collective goal to seek the truth about this long-standing tragedies and hold the perpetrators and orchestrators of these atrocities accountable.   This reauthorization also seeks to respond to the concerns of advocates regarding the implementation of the original legislation. 

BI-PARTISAN and BI-CAMERAL STATEMENTS OF SUPPORT

Dean of the U.S. House
of Representatives
John Conyers, Jr.

"As we work to address current questions about racial violence and civil rights, we should be mindful of our history and why so many in the African-American community raise the issue of whether black lives matter.  Passage of the original Emmett Till Act represented a commitment to resolving the unanswered questions from one of the darkest periods in modern American history.  This bipartisan reauthorization represents further investment in our history and will allow the Department of Justice to resolve remaining issues."  Rep. John Conyers, Jr.  - MI

"When this bill was signed into law, family members, academics, historians, lawyers, advocates began working to develop a full accounting for these long-standing, gross human and civil rights atrocities.  The reauthorization passed by Congress is a response to their appeals to make the law a better tool in their quest for justice. We also worked across the aisle and across the Dome to develop a bill that fulfills our promise to remain committed to the pursuit of truth on behalf of victims and their families.  I am very pleased that Congress has passed this legislation and I look forward to the signature of President Barack Obama."  Rep. John Lewis - GA

“I am pleased that this bill is now finally heading to the President’s desk. Investigators can now work to discover the truth and to seek justice under our legal system for the families of these victims. Every American is worthy of the protection of our laws. I want to thank the Till family, Alvin Sykes, Congressman John Lewis, and all of the civil rights activists who helped make this law a reality. Today’s victory is theirs.”  Sen. Richard Burr - NC

 “Too many families suffer from the unsolved murders of their loved ones during the civil rights era without receiving justice.  The way to best serve these families is to provide our Federal government with the tools it needs to investigate these unsolved crimes, and to hopefully, bring some sense of closure for these families.  I thank Congressman Lewis for his tireless work on behalf of the families of these victims of unsolved murders from the civil rights era and I am proud to stand with him on this effort.”   Sen. Patrick Leahy - VT

“This legislation brings justice and closure to the families and communities affected by the heinous acts of violence and hatred that are a stain on our nation’s history. The bill will help us continue the critical work of better investigating and solving these crimes, no matter how long ago they occurred, and I’m thrilled we’ve finally been able to carry it across the finish line.” Sen. Claire McCaskill - MO

“The Emmett Till Unsolved Civil Rights Crimes Reauthorization Act sets out to investigate racially-motivated murders. Sadly, there is still more work to be done and it’s important that we reauthorize this bill so that the FBI and DOJ can continue investigating unsolved crimes.”    Sen. Roy Blunt - MO

“As an original cosponsor of the Emmett Till Reauthorization Act, I’m pleased to see my colleagues came together and supported this important bill. This bipartisan legislation will provide for a sustained, well-coordinated effort to investigate and prosecute unsolved civil rights-era crimes. There are hundreds of cold cases from the civil rights era that have never been solved and it is my hope that we are able to bring justice to the victims’ families.”  Rep. Jim Sensenbrenner - WI

MAJOR PROVISIONS OF THE LEGISLATION

·         This bill requires the Department of Justice and FBI to consult with civil rights organizations, universities, and other entities that have also been gathering evidence in these cold cases;

·         Provides clearer direction and improved coordination between federal, state, and local law enforcement and the activists, advocates, and academics working on these issues;

·         Strengthens the Department of Justice’s reporting requirements;

·         Expands the time span of cases to be considered by ten years, to include all cases that occurred not later than December 31, 1979;

·         Eliminates the sunset provision in the original bill;

·         Encourages the Department of Justice to review specific closed cases that warrant further investigation;

·         Maintains the previous investigation structure and funding levels; and

·         Clarifies the law’s intent.

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Bipartisan Coalition Presses DOJ About Government Hacking

The United States Congress

Lawmakers Seek Answers About How Government Would Use New Hacking Authority, One Month Before Rule 41 Amendments Would Take Effect

Washington, D.C. –A bipartisan coalition of Senate and House lawmakers today asked Attorney General Loretta Lynch to provide Congress with more information about a proposed expansion of government hacking and surveillance powers.

Sen. Ron Wyden, D-Ore., Judiciary Committee member Sen. Mike Lee, R-Utah, and Ranking Member Patrick Leahy, D-Vt., with House Judiciary Committee Ranking Member Rep. John Conyers, Jr., D-Mich., and senior Judiciary Committee member Rep. Ted Poe, R-Texas, led a bipartisan group of 23 lawmakers asking for more information about the proposal, formally known as amendments to Rule 41 of the Federal Rules of Criminal Procedure. Unless Congress acts, these new amendments are scheduled to go into effect on December 1.

“We are concerned about the full scope of the new authority that would be provided to the Department of Justice,” the lawmakers wrote. “We believe that Congress -- and the American public -- must better understand the Department’s need for the proposed amendments, how the Department intends to use its proposed new powers, and the potential consequences to our digital security before these rules go into effect.”

 The lawmakers ask DOJ a number of questions about how Rule 41 will be used, including:

• How the government intends to prevent forum shopping by prosecutors seeking court approval to hack into Americans' devices;
• How the government will prevent collateral damage to innocent Americans' devices and electronic data when it remotely search devices such as smartphones or medical devices;
• Whether the government intends to use this new authority to search and “clean” Americans' computers ;
• How the government will maintain a chain of custody when searching or removing evidence from a device;
• How the government will notify Americans who are the subjects of remote government searches.

The letter was also signed by: Sen. Tammy Baldwin, D-Wisc., Sen. Chris Coons, D-Del., Sen. Steve Daines, R-Mont., Sen. Al Franken, D-Minn., Sen. Mazie Hirono, D-Hawaii, Sen. Jon Tester, D-Mont, Sen. Elizabeth Warren, D-Mass., Sen. Martin Heinrich, D-N.M. and Rep. Justin Amash, R-Mich., Jason Chaffetz, R-Utah., Rep. Judy Chu, D-Calif., Rep. Steve Cohen, D-Tenn., Rep. Suzan DelBene, D-Wash., Rep. Louie Gohmert, R-Texas, Rep. Hank Johnson, D-Ga., Rep. Ted Lieu, D-Calif., Rep. Zoe Lofgren, D-Calif., and Rep. Jerrold Nadler, D-N.Y.

Bipartisan Coalition Presses DOJ About Government Hacking on Rule 41 Letter 10.27.16 by Beverly Tran on Scribd

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Lawmakers urge close look at Russia's IP practices

By Vicki Needham - 11/11/11 10:04 AM ET

As Russia moves to join the World Trade Organization, top lawmakers on the House and Senate Judiciary panels are pressing U.S. trade officials to examine its intellectual property practices. 

In a letter to U.S. Trade Representative Ron Kirk, House Judiciary Committee Chairman Lamar Smith (R-Texas), ranking member John Conyers (D-Mich.), Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and ranking member Chuck Grassley (R-Iowa) expressed "serious concerns over continuing gaps and lapses in the protection and enforcement of intellectual property rights concerns" by Russia. 

“There are a number of significant concerns with respect to the denial of adequate and effective IPR [intellectual property rights] protection, or the denial of equitable market access for persons that rely on IPR protection, in Russia,” the panel members wrote this week. 

The lawmakers are insisting that a "high standard accession package will be essential before both houses of Congress can consider a vote to remove Russia" from the Jackson-Vanik amendment — a 37-year-old provision crafted to put pressure on Communist nations for human-rights abuses and emigration policies, which has been "a symbol of lingering tensions in the U.S.-Russia relationship," according to the Council on Foreign Relations. 

President Obama said on Thursday that he wants to work with Congress to end the application of the amendment, which most experts argue isn't relevant anymore.  

On Thursday, Russia cleared its final hurdle for its long-awaited entry into the WTO, a move strongly backed by the Obama administration. 

"The Government of Russia must demonstrate via transparent, substantive and prompt actions its commitment to adhere fully to the obligations it will assume as a future member of the WTO," the lawmakers wrote. "Not only is the credibility of the rules-based system of international trade at stake, but should Russia fail to conform to its obligations in a thorough and timely manner, the adverse consequences for U.S. innovators and their workers will continue to be significant.”

Lawmakers citied examples such as widespread counterfeiting and piracy of hard goods, storage of pirated CDs and DVDs on several government-controlled military-industrial sites and gaps in Russian law and enforcement efforts with respect to piracy over the Internet, according to USTR's recent report on the state of global intellectual property. 

"With respect to gaps in Russian law, your report states that it is the position of the United States to urge Russia to enact online infringement legislation that addresses all forms of piracy over the Internet and provides for the swift removal of infringing content," they wrote.  

The report also encourages Russia to enact legislation establishing a specialized intellectual property court and calls for Russia’s enforcement officials to increase investigations, and for Russian prosecutors to seek deterrent penalties in judicial proceedings.

Russia remains on a watch list that identifies countries with "the most onerous or egregious" intellectual property policies and practices that have the "greatest adverse impact on relevant products of the United States," they wrote.

They also noted a separate report to Congress by the Office of the National Counterintelligence Executive that identifies Russian cyber-espionage as a "dangerous threat to our economy and national security."  

While they acknowledged that progress has been made since 2006, when the United States and Russia reached a bilateral agreement on intellectual protection and enforcement in Russia, they also agreed that the reports "raise serious questions about the intention and commitment of the Russian government to abide by and enforce the obligations it will assume as a member of the WTO."

"Not only is the credibility of the rules-based system of international trade at stake, but should Russia fail to conform to its obligations in a thorough and timely manner, the adverse consequences for U.S. innovators and their workers will continue to be significant," they wrote. 

Letter to Ambassador Ron Kirk From U.S. House Judiciary Regrading Violations of Intellectual Property Right...

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