WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $1,549,891 in federal funding for the University of Virginia (UVA) and Virginia Tech to improve resources for the U.S. agricultural industry and rural communities. This funding was awarded through the U.S. Department of Agriculture (USDA)’s Food and Agriculture Cyberinformatics and Tools (FACT) Initiative, which focuses on data-driven solutions to address problems facing the agricultural industry.

“We’re pleased to announce this funding to focus on strengthening our country’s agricultural industry and lifting up rural communities,” said the Senators. “Agriculture is a significant part of Virginia’s economy, and we’re excited to see UVA and Virginia Tech receive significant investments to boost this critical industry.”

The funding will be awarded as below:

• $999,975 for the University of Virginia to support a 10-week program for undergraduate and graduate students, faculty, and professionals to learn how to use data science to better address agricultural, economic, and social issues facing rural America. The funding will help the program create a workforce trained in analytics so they can better utilize data to strengthen their communities.
•  $499,952 for the University of Virginia to better understand America’s agricultural commodity flows and their role in the spread of invasive species, which is important for food security and economic stability. This project will help provide policy makers with guidance to better address vulnerabilities in food systems.
• $49,964 for Virginia Tech to safeguard the agriculture and food bioeconomy from cyber threats. The bioeconomy – innovation in biological sciences to boost economic activity – is estimated at approximately 25% of U.S. GDP.

According to the USDA, “FACT focuses on data science to enable systems and communities to effectively utilize data, improve resource management, and integrate new technologies and approaches to further U.S. food and agriculture enterprises. Projects funded through FACT will work to examine the value of data for small and large farmers, agricultural and food industries, and gain an understanding of how data can impact the agricultural supply chain, reduce food waste and loss, improve consumer health, environmental and natural resource management, affect the structure of U.S. food and agriculture sectors, and increase U.S. competitiveness.”

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), co-chair of the bipartisan Senate Cybersecurity Caucus, urged the Defense Health Agency to remove sensitive medical data belonging to servicemembers exposed online, where it remains vulnerable due to insecure data practices at Ft. Belvoir Medical Center, Ireland Army Health Clinic, and the Womack Army Medical Center.

“As a matter of national security, the sensitive medical information of our men and women of the armed services is particularly vulnerable and should be, at a minimum, protected by robust security controls and routine scans,” wrote Sen. Warner. “The exposure of this information is an outrageous violation of privacy and represents a grave national security vulnerability that could be exploited by state actors or others.”

He continued, “We owe an enormous debt to our armed forces, and at the very least, we ought to ensure that their private medical information is protected from being viewed by anyone without their express consent. Whenever data moves from one entity to another it should be protected by encryption, proper hashing, segmentation, identity and access controls, and vulnerability management capabilities that include diligent monitoring, auditing, and logging practices.”

In September 2019, Sen. Warner sought answers from TridentUSA Health Services regarding reports that many unsecured picture archiving and communication servers (PACS) left the names, dates of birth, medical images, and medical procedures of more than one million Americans accessible to anyone with basic computer expertise. Following that letter, the images were removed but millions of records were left online. Nearly two months later, Sen. Warner called out the U.S. Department of Health and Human Services (HHS) for its failure to act following the exposure.

Since the letter to HHS, 16 systems, 31 million images and 1.5 million exam records have been removed from the internet. However, a significant number of personally identifiable and sensitive medical information belonging to servicemembers remains online, due to unsecured Army PACS.

In his letter to the Assistant Secretary, Sen. Warner asked the agency to remediate the situation immediately and posed the following questions for Assistant Secretary Thomas McCaffery:

1. Please describe the information security management practices at military medical hospitals. Do you require organizations to operate on a segmented network? To implement micro-segmentation? To implement access controls? If so, what kind? Do you require the hospitals to implement multifactor authentication, logging, and monitoring?
2. Do you audit and monitor logs? 
3. Do you require full-disk encryption and authentication for PACS?
4. Do you require the hospitals to have a Chief Information Security Officer?
5. Please describe what steps you took to address this issue, and when you were able to remove these systems from the internet.  

A copy of the letter can be found here and below.

Mr. Thomas McCaffery

Assistant Secretary of Defense for Health Affairs

Defense Health Agency

7700 Arlington Boulevard

Falls Church, VA 22042

Dear Mr. McCaffery,

As the healthcare sector becomes increasingly reliant on technology to deliver essential services to patients, it also faces rising threats from malicious actors that seek to compromise the personally identifiable and other sensitive information of Americans. As a matter of national security, the sensitive medical information of our men and women of the armed services is particularly vulnerable and should be, at a minimum, protected by robust security controls and routine scans. It is with great alarm that I recently learned that unsecured Picture and Archiving Servers (PACS) at Ft. Belvoir Medical Center, Ireland Army Health Clinic, and the Womack Army Medical Center have left personally identifiable and sensitive medical information available online for anyone with a DICOM viewer to find.

Following a report  in September of 2019 highlighting the exposure of sensitive medical images belonging to millions of American through unsecured PACS, I wrote letters  to two healthcare entities that controlled the PACS, and those images were removed. However, millions of records remained online. The following month, I wrote  to the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) regarding the remaining exposure of the personally identifiable information belonging to 6 million American patients. Since that letter, 16 systems, 31 million images and 1.5 million exam records were removed from the internet. However, I recently learned that a significant number of medical records belonging to servicemembers remain online. This information was discovered by the German researchers at Greenbone Networks, who accessed the information using German IP addresses; this itself should have triggered alarms by the hospital information security systems.

The exposure of this information is an outrageous violation of privacy and represents a grave national security vulnerability that could be exploited by state actors or others. We owe an enormous debt to our armed forces, and at the very least, we ought to ensure that their private medical information is protected from being viewed by anyone without their express consent. Whenever data moves from one entity to another it should be protected by encryption, proper hashing, segmentation, identity and access controls, and vulnerability management capabilities that include diligent monitoring, auditing, and logging practices. To better understand how this happened, I would like information about your organization’s oversight of the information security practices at military hospitals, particularly at Ft. Belvoir Medical Center and Womack Army Medical Center.

I ask that you immediately remediate this situation, and remove the vulnerable PACS from open access to the internet. To understand how these records have been exposed and accessed repeatedly by a German IP address, please also answer the following questions:

1. Please describe the information security management practices at military medical hospitals. Do you require organizations to operate on a segmented network? To implement micro-segmentation? To implement access controls? If so, what kind? Do you require the hospitals to implement multifactor authentication, logging, and monitoring?
2. Do you audit and monitor logs? 
3. Do you require full-disk encryption and authentication for PACS?
4. Do you require the hospitals to have a Chief Information Security Officer?
5. Please describe what steps you took to address this issue, and when you were able to remove these systems from the internet.

Given the gravity of this issue, I would appreciate a response within two weeks.

Sincerely,

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WASHINGTON – Today, a bipartisan group of leading national security Senators introduced legislation to encourage and support U.S. innovation in the race for 5G, providing over $1 billion to invest in Western-based alternatives to Chinese equipment providers Huawei and ZTE.  

Heavily subsidized by the Chinese government, Huawei is poised to become the leading commercial provider of 5G, with far-reaching effects for U.S. economic and national security. With close ties to the Communist Party of China, Chinese state-directed technology companies present unacceptable risks to our national security and to the integrity of information networks globally. However, U.S. efforts to convince foreign partners to ban Huawei from their networks have stalled amid concerns about a lack of viable, affordable alternatives.

Today’s bipartisan legislation, the Utilizing Strategic Allied (USA) Telecommunications Act, would reassert U.S. and Western leadership by encouraging competition with Huawei that capitalizes on U.S. software advantages, accelerating development of an open-architecture model (known as O-RAN) that would allow for alternative vendors to enter the market for specific network components, rather than having to compete with Huawei end-to-end.

“Every month that the U.S. does nothing, Huawei stands poised to become the cheapest, fastest, most ubiquitous global provider of 5G, while U.S. and Western companies and workers lose out on market share and jobs. Widespread adoption of 5G technology has the potential to unleash sweeping effects for the future of internet-connected devices, individual data security, and national security. It is imperative that Congress address the complex security and competitiveness challenges that Chinese-directed telecommunication companies pose,” said Sen. Mark R. Warner (D-VA), who co-founded the wireless company Nextel before entering public service and currently serves as Vice Chairman of the Senate Select Committee on Intelligence. “We need to move beyond observing the problem to providing alternatives for U.S. and foreign network operators.”

“When it comes to 5G technology, the decisions we make today will be felt for decades to come. The widespread adoption of 5G has the potential to transform the way we do business, but also carries significant national security risks. Those risks could prove disastrous if Huawei, a company that operates at the behest of the Chinese government, military, and intelligence services, is allowed to take over the 5G market unchecked. This legislation will help maintain America’s competitive advantage and protect our national security by encouraging Western competitors to develop innovative, affordable, and secure 5G alternatives,” said Sen. Richard Burr (R-NC), Chairman of the Senate Select Committee on Intelligence.

“The Trump Administration’s lecturing of our allies about the dangers of relying on the Chinese for 5G is no replacement for the development of 5G alternatives,” said Sen. Bob Menendez (D-NJ), Ranking Member of the Senate Foreign Relations Committee. “This bill, which will supply the U.S. government with resources to help the private sector create viable 5G alternatives from all ends of the supply chain, is a long overdue step in the right direction. As I’ve said over and over again, confronting China is not the same as being competitive with China. It is time we do just that.”

“We are at a critical point in history for defining the future of the U.S.-China relationship in the 21st century, and we cannot allow Chinese state-directed telecommunications companies to surpass American competitors,” Sen. Marco Rubio (R-FL), a member of the Senate Intelligence and Foreign Relations Committees, said. “It is not only in our national security interests to support American competition in the 5G market, but it is also in our economic interests to continue to build and support an economy that leverages American strengths and creates American jobs in the industries of the future without relying on malign Chinese state-directed actors like Huawei and ZTE.”

“We should not accept a world that is forced to rely on Chinese telecommunication companies to unlock the benefits of 5G and next generation wireless technologies,” said Sen. Michael Bennet (D-CO), a member of the Senate Intelligence Committee. “It is imperative for America’s competitiveness and security that we develop alternatives for U.S. and foreign network operators. This $1 billion investment will send a strong, bipartisan signal that the United States is committed to developing viable, secure, and cutting-edge alternatives to China’s 5G technology while eliminating dependence on technology that poses real security threats.”

“5G technology presents a host of opportunities to transform American telecommunications,” Sen. John Cornyn (R-TX), a member of the Senate Intelligence Committee, said. “By helping to spur innovations in 5G, we can inoculate ourselves against the threat posed by China and encourage the development of technology that is secure, affordable, and economically beneficial to our allies.”

The Utilizing Strategic Allied (USA) Telecommunications Act would:

• Require the Federal Communications Commission (FCC) to direct at least $750 million, or up to 5 percent of annual auction proceeds, from new auctioned spectrum licenses to create an O-RAN R&D Fund to spur movement towards open-architecture, software-based wireless technologies, funding innovative, ‘leap-ahead’ technologies in the U.S. mobile broadband market. The fund would be managed by the National Telecommunications and Information Administration (NTIA), with input from the FCC, Defense Advanced Research Project Agency (DARPA), and National Institute of Standards and Technology (NIST), among others;
• Create a $500 million Multilateral Telecommunications Security Fund, working with our foreign partners, available for 10 years to accelerate the adoption of trusted and secure equipment globally and to encourage multilateral participation, and require reports for Congress on use of proceeds and progress against goals to ensure ample oversight;
• Create a transition plan for the purchase of new equipment by carriers that will be forward-compatible with forthcoming O-RAN equipment so small and rural carriers are not left behind;
• Increase U.S. leadership in International Standards Setting Bodies (ISSBs) by encouraging greater U.S. participation in global and regional telecommunications standards forums and requiring the FCC write a report to Congress with specific recommendations;
• Expand market opportunities for suppliers and promote economies of scale for equipment and devices by encouraging the FCC to harmonize new commercial spectrum allocations with partners where possible, thus promoting greater alignment with allies and driving down the cost of Huawei alternatives.

“VMware is very supportive of the Utilizing Strategic Allied (USA) Telecommunications Act. Moving towards an open, virtualized RAN infrastructure will speed up 5G network integration and rollout, while decreasing deployment costs. We thank Senator Warner for his approach, which will foster U.S.-led innovation in the mobile technology space and give carriers more secure options to buildout our next-generation wireless infrastructure,” said Allwyn Sequeira, SVP & GM of Telco Edge Cloud Products for VMware.

“The security of America's communications networks is an essential component in ensuring our nation's economic leadership, now and in the future.  It  requires all of us -- the industry, the government and those who live and work here – collaborating on efforts to build and maintain smart and secure communications.  Verizon appreciates the forward-thinking, bipartisan Members of Congress that introduced this bill today.  We look forward to working with Congress as we move forward with this important measure,” said Robert Fisher, SVP Federal Government Relations, Verizon.

“AT&T applauds Senator Warner, Senator Burr and the bipartisan group of cosponsors for introducing legislation that will promote the development and deployment of open standards-based advanced telecommunications networks.  We look forward to working with Congress through the legislative process to see this measure enacted,” said Tim McKone, Executive Vice President, Federal Relations, AT&T.

“Juniper Networks supports the ‘USA Telecommunications Act’ introduced by Senator Mark Warner, Senator Richard Burr and the bipartisan group of original cosponsors. The development of open standards and deployment of open standards-based interoperable equipment are crucial to the building of secure 5G networks. The Trust Funds that the Warner-Burr bill proposes would boost R&D spending as well as U.S. leadership in 5G. We look forward to working with Congress and the Administration to get this bill enacted into law and implemented," said Manoj Leelanivas, Executive Vice President and Chief Product Officer, Juniper Networks.

Bill text is available here.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and co-chair of the bipartisan Senate Cybersecurity Caucus, voiced deep concerns with the ability of the U.S. Department of State to address the surge of offensive cyber activity by Iran. In a letter, which comes on the heels of a U.S. airstrike that killed Iranian general Qassem Soleimani, Sen. Warner notes Iran’s growing cybersecurity capabilities and presses Secretary Mike Pompeo for answers on how the Department plans to defend its information security systems in light of its long history of information breaches.

“The Iranian government’s state-sponsored cybersecurity capabilities have grown in sophistication and intensity in recent years, and they have developed a number of advanced persistent threat (APT) groups that conduct various offensive operations. Examples include prolonged espionage, destructive malware and ransomware attacks, and social media manipulation through influence campaigns,” wrote Sen. Warner. “These attacks serve both political and economic purposes, and use methods like password spray attacks, scanning for VPN vulnerabilities, DNS hijacking, spear-phishing emails, and social engineering.”

As recently as 2018, the Department of Justice indicted two Iranian individuals who conducted a 34-month-long international scheme, in which they used ransomware to extort hospitals, municipalities and public institutions, causing $30 million in losses.

In his letter, Sen. Warner cites two separate reports by the Department of State’s Office of the Inspector General (OIG) that detail a number of cybersecurity risks presented by the structure of the Department of State and by hiring freezes affecting the department. These risks include a diminished ability to respond to malicious cyber activity targeting personnel and information assets due to the hiring freeze, as well as a lack of cybersecurity oversight resulting in unauthorized and misconfigured network devices comprising the Department’s sensitive network.

“The State Department has a long history of information security breaches, beginning with a series of blunders in the late 1990’s, and including a massive and prolonged attack in 2014, when the National Security Agency (NSA) and Russian hackers fought for control of State Department servers,” wrote Sen. Warner. “In September 2018, after an email breach of unclassified systems, a bipartisan group of Senators asked you how the State Department was addressing the issue.  Two months later, hackers with suspected ties to the Russian government were found to be impersonating State Department officials in an attempt to infiltrate computers belonging to the U.S. government, the military, and defense contractors.”

Noting the Department of State’s cybersecurity vulnerabilities and the risks of Iran carrying out cyberattacks with disruptive effects, Sen. Warner posed the following questions for Secretary Pompeo, requesting an answer by January 31^st:

1. Currently, cybersecurity personnel are dispersed organizationally across different bureaus within the Department of State, and across embassies around the world. Since the OIG report was issued in August 2019, what personnel changes have you made to more efficiently and effectively address both the hiring freeze impacts and the earlier security and audit concerns presented by the OIG?
2. The OIG report noted that the Chief Information Security Officer (CISO) of the Department of State lacked necessary seniority for effectiveness or accountability. My understanding is that the current CIO reports to the Undersecretary for Management to the Secretary of State, and that the CISO reports to the CIO. In 2018 a study by the Financial Services Information Sharing and Analysis Center (FS-ISAC) recommended that CISO’s have clear and direct communication with the CEO, rather than just to the CIO.  Most organizations provide at least a dotted-line reporting structure from the CISO to the CEO. What kind of direct communication do you have with the CISO, given that the position sits below a CIO and an Undersecretary?
3. What kind of employee training changes have you made to protect employees from phishing and other social engineering attacks?
4. What technical changes have you made within the information security organization of the State Department to protect against ransomware and wiper malware attacks?
5. Have you addressed the August 2019 OIG report’s hiring concerns for information and IT security personnel at our embassies? Are you up-to-date on your information security audits? Does the State Department, at the very least, conduct routine scanning, patching, and utilize multifactor authentication?

Earlier this month, Sen. Warner cautioned the Trump Administration on the dangers of escalating tensions with Iran and urged the Administration to prepare for the long-term potential consequences of targeting Soleimani.

A copy of the letter can be found here and below.

The Honorable Mike Pompeo

Secretary of State

U.S. Department of State

2201 C Street NW

Washington, DC 20520

Dear Secretary Pompeo:

As tensions between the United States and Iran rise, and the risks of Iran carrying out cyberattacks with “disruptive effects” grow, I write to express my deep concern about the State Department’s ability to defend its information security systems and that of our embassies around the world, and request a plan for how you will bolster these systems. 

The Iranian government’s state-sponsored cybersecurity capabilities have grown in sophistication and intensity in recent years, and they have developed a number of advanced persistent threat (APT) groups that conduct various offensive operations. Examples include prolonged espionage, destructive malware and ransomware attacks, and social media manipulation through influence campaigns. These attacks serve both political and economic purposes, and use methods like password spray attacks, scanning for VPN vulnerabilities, DNS hijacking, spear-phishing emails, and social engineering. Iran’s threat group APT33 has been linked to notorious disk-wiping malware including SHAMOON and SHAPESHIFT (which attacked industrial systems across the Middle East and in Europe). As recently as 2018, the Department of Justice indicted two Iranian men for deploying ransomware to extort hospitals, municipalities, and public institutions, causing over $30 million in losses. 

In August 2019, the Department of State’s Office of Inspector General (OIG) issued a report on the effects of the hiring freeze on the State Department, finding in particular, serious impacts on the cybersecurity functions of the Department. The IG found the following:

The bureau was unable to fill two Senior Executive Service positions responsible for cybersecurity, which it said delayed implementing an enterprise risk management program for IT systems. The DS [Bureau of Diplomatic Security] Computer and Technical Security Directorate reported that staffing shortfalls hampered its ability to develop tools and procedures to react and respond to malicious cyber activity targeting Department personnel and information assets. DS also reported delays in conducting penetration testing of Department networks and providing IT security support for integrating cybersecurity for new and existing systems, which they attributed, in part, to the hiring freeze.

That IG report followed a 2017 report by the State Department OIG that noted a number of cybersecurity risks presented by the structure of the State Department. The report noted that the Chief Information Security Officer was not well placed to be held fully accountable for State Department cybersecurity issues, and highlighted an incident in Guatemala City where unauthorized and misconfigured network devices comprised the Department’s sensitive network.

The State Department has a long history of information security breaches, beginning with a series of blunders in the late 1990’s, and including a massive and prolonged attack in 2014, when the National Security Agency (NSA) and Russian hackers fought for control of State Department servers.  In September 2018, after an email breach of unclassified systems, a bipartisan group of Senators asked you how the State Department was addressing the issue.  Two months later, hackers with suspected ties to the Russian government were found to be impersonating State Department officials in an attempt to infiltrate computers belonging to the U.S. government, the military, and defense contractors.  In March 2019, a State Department contractor was convicted of theft and embezzlement of 16 computers from your organization. 

Given Iran’s technical capabilities and threats to retaliate, as well as the State Department’s systemic organizational and functional problems addressing cybersecurity vulnerabilities, I ask you to answer the following questions on how the State Department will address a surge of offensive cyber activity by Iran:

1. Currently, cybersecurity personnel are dispersed organizationally across different bureaus within the Department of State, and across embassies around the world. Since the OIG report was issued in August 2019, what personnel changes have you made to more efficiently and effectively address both the hiring freeze impacts and the earlier security and audit concerns presented by the OIG?
2. The OIG report noted that the Chief Information Security Officer (CISO) of the Department of State lacked necessary seniority for effectiveness or accountability. My understanding is that the current CIO reports to the Undersecretary for Management to the Secretary of State, and that the CISO reports to the CIO. In 2018 a study by the Financial Services Information Sharing and Analysis Center (FS-ISAC) recommended that CISO’s have clear and direct communication with the CEO, rather than just to the CIO.  Most organizations provide at least a dotted-line reporting structure from the CISO to the CEO. What kind of direct communication do you have with the CISO, given that the position sits below a CIO and an Undersecretary?
3. What kind of employee training changes have you made to protect employees from phishing and other social engineering attacks?
4. What technical changes have you made within the information security organization of the State Department to protect against ransomware and wiper malware attacks?
5. Have you addressed the August 2019 OIG report’s hiring concerns for information and IT security personnel at our embassies? Are you up-to-date on your information security audits? Does the State Department, at the very least, conduct routine scanning, patching, and utilize multifactor authentication?

I would appreciate your answers by January 31, 2020.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) along with U.S. Reps. Bobby Scott (D-VA) and Rob Wittman (R-VA) led the entire Virginia congressional delegation in sending a letter to the Office of Management and Budget (OMB) requesting a New Start designation for the Norfolk Harbor widening and deepening project in the Army Corps Work Plan. A New Start designation would allow the Norfolk Harbor project to advance to its next stage of construction and receive Army Corps funding. Currently, the project is progressing using a combination of state and local funds.

“Thanks to the cooperation between the Port of Virginia, the Norfolk District, and the rest of the Army staff, construction on the first constructible element, deepening Thimble Shoal Channel – West, began in December 2019, 18 months ahead of schedule,” wrote the members of Congress. “The next steps are to complete the Design during Construction (DDC) on the remaining elements and prepare the next segment for award and construction. In order to maintain this schedule, the project requires a New Start designation and $2.5 million for construction in the 2020 Work Plan as well as $49.4 million in the President's 2021 budget request.”

The Port of Virginia is an important commercial and economic engine for the Commonwealth, generating more than $78 million annually. In their letter to OMB, the members of Congress reiterated that the funding is critical to ensure timely completion of a two-way traffic channel to better accommodate commercial ships and vessels deploying from Naval Station Norfolk.

“As you know, one lane traffic is not sustainable at the Port of Virginia as the size of commercial vessels continues to grow. One lane traffic creates uncertainty and inefficiency for businesses and their supply chains. Additionally, as home to the world’s largest naval base – Naval Station Norfolk – the deepening and widening of Norfolk Harbor will support the critical functions of the U.S. Navy. The completion of this project will ensure the continued safe and timely passage of larger commercial and military vessels through Norfolk Harbor,” they continued. “The rapid growth of larger vessels entering maritime trade makes it essential that this project proceed as quickly as possible. The public and private non-federal interests have invested billions of dollars on land-side infrastructure and are prepared to provide their cost share to complete this crucial navigation project in a timely manner.”

In December, Sens. Warner and Kaine voted in favor of the government funding bill that included $2.5 million for the Norfolk Harbor Widening and Deepening project and critical language authorizing six Army Corps New Starts. The Army Corps will announce which projects will receive New Start designations in their Work Plan, which must be released no later than 60 days after the Energy and Water appropriations bill was signed into law.

In addition to Sens. Warner and Kaine and Reps. Scott and Wittman, the letter was signed by Reps. Gerry Connolly (D-VA), Morgan Griffith (R-VA), Don Beyer (D-VA), A. Donald McEachin (D-VA), Ben Cline (R-VA), Elaine Luria (D-VA), Denver Riggleman (R-VA), Abigail Spanberger (D-VA), and Jennifer Wexton (D-VA).

A copy of the letter can be found here and below.

Dear Director Vought:

We write today concerning the development of the Fiscal Year 2020 Work Plan and the Norfolk Harbor and Channels Project. As the Army Corps of Engineers (Army Corps) and your office complete work on the Fiscal Year 2020 Work Plan and the President’s Fiscal Year 2021 budget request, we write to reiterate the importance of the Norfolk Harbor and Channels Project.

Thanks to the cooperation between the Port of Virginia, the Norfolk District, and the rest of the Army staff, construction on the first constructible element, deepening Thimble Shoal Channel – West, began in December 2019, 18 months ahead of schedule. The next steps are to complete the Design during Construction (DDC) on the remaining elements and prepare the next segment for award and construction. In order to maintain this schedule, the project requires a New Start designation and $2.5 million for construction in the 2020 Work Plan as well as $49.4 million in the President's 2021 budget request.

As you know, one lane traffic is not sustainable at the Port of Virginia as the size of commercial vessels continues to grow. One lane traffic creates uncertainty and inefficiency for businesses and their supply chains. Additionally, as home to the world’s largest naval base – Naval Station Norfolk – the deepening and widening of Norfolk Harbor will support the critical functions of the U.S. Navy. The completion of this project will ensure the continued safe and timely passage of larger commercial and military vessels through Norfolk Harbor. The rapid growth of larger vessels entering maritime trade makes it essential that this project proceed as quickly as possible. The public and private non-federal interests have invested billions of dollars on land-side infrastructure and are prepared to provide their cost share to complete this crucial navigation project in a timely manner.

The Port of Virginia is a commercial and economic engine for the United States and continues to play an integral role in American foreign and domestic commerce and trade. Continued federal investment into this project will allow the Port to remain a prominent economic hub for the nation and a key player in domestic and international trade by generating more than $78 million in annual national economic development benefits.

Thank you for your consideration. If we can be of any assistance to you going forward, please contact us.

Sincerely,

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Washington, D.C. – U.S. Senators Joe Manchin (D-WV), Doug Jones (D-AL), Mark Warner (D-VA), Tim Kaine (D-VA), Sherrod Brown (D-OH), and Bob Casey (D-PA) introduced S. 3172, the Black Lung Benefits Disability Trust Fund Solvency Act of 2020 which would extend the black lung excise tax through December 31, 2030 to ensure that coal miners suffering from the disease have access to the medical care that they desperately need. Without the revenue from this tax, the Black Lung Disability Trust Fund is at risk of future insolvency at a time when the nationwide prevalence of black lung is increasing.

“Every day our coal miners risk their lives to provide America with the energy we need to be the most powerful nation in the world and as a result, many of these brave miners have Black Lung Disease. Now, it’s our turn to support them and ensure that they receive the treatment and medical care they need. That is why I am proud to introduce the Black Lung Benefits Disability Trust Fund Solvency Act of 2020 with my fellow colleagues to extend the black lung excise tax and secure the Black Lung Disability Trust Fund for our coal miners across America who have given so much. I look forward to working with my colleagues on both sides of the aisle to pass this legislation and send it to the President’s desk,” said Senator Manchin.

“Alabama has nearly 3,000 coal miners, and we need to make sure that they are able to receive the care they need if they develop Black Lung disease. This bill is an important step towards making sure they have the resources they need in order to receive treatment for this disease,” said Senator Jones.

“Last year, we were proud to help secure miners’ health care and pension benefits in the annual government spending bill. This bill also extended funding for the Black Lung Disability Trust Fund through December 2020, providing some temporary relief for coal miners. However, as these miners and their families know, a one-year extension is not enough,” said Senator Warner. “Our coal miners have sacrificed so much in order to fuel our nation and they deserve to know that this critical funding won’t run out at the end of the year. Our legislation would further extend this funding through 2030 and provide peace of mind for miners who rely on the fund to get the care they need.”

“Miners put everything on the line to help power this nation each and every day. This disability trust fund is an effort to support their tireless work and help ensure those suffering from black lung can get much needed treatment,” Senator Kaine said.

“Ohio miners have put their health at risk for years to power our country,” said Senator Brown. “Congress must now do its part and extend the black lung tax, so we can ensure these minors have access to the care and resources needed to prevent and treat black lung disease.”

Coal miners have done some of most difficult work there is to power our country. The Black Lung Benefits Disability Trust Fund Solvency Act of 2020 would ensure the continuity of the trust fund, especially given the resurgence of Black Lung Disease, so the fund can continue to provide miners with Black Lung Disease the health and disability benefits they need,” said Senator Bob Casey.  “I will keep fighting to make sure that Congress keeps its promise to take care of our miners.”

Background on the Black Lung Disability Trust Fund:

• The Black Lung Disability Trust Fund is financed primarily by an excise tax on coal produced and sold domestically. This tax was first established in 1978 at $0.50 per ton on underground-mined coal, and $0.25 per ton on surface-mined coal. The funding was later raised to $1.10 per ton for underground-mined coal and $0.55 per ton for surface-mined coal.
• Due to congressional inaction, on December 31, 2018, the tax rate reverted back to $0.50 per ton on underground-mined coal and $0.25 per ton on surface-mined coal, representing a 55% reduction.
• In December of 2019, Congress passed, and President Donald Trump signed into law, an end-of-year spending package that included a one-year extension of the 2018 tax rates. These rates are set to expire on December 31, 2020.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) along with Congressman Rob Wittman (R-VA) and Congressman Bobby Scott (D-VA) released the following statement after the Department of Energy (DoE) announced that Thomas Jefferson National Accelerator Facility (Jefferson Lab) was not selected as the national laboratory site to host the first Electron-Ion Collider (EIC) in the United States, a machine that’s key for the U.S. to maintain its leadership in nuclear physics:

“We are disappointed by the Department of Energy’s announcement today that Jefferson Lab was not selected to house the proposed Electron Ion Collider. We expect the Department of Energy to provide a full and transparent explanation into its site selection process for this project. Regardless, Jefferson Lab will continue to be heavily involved in the EIC project, and we will work with the Department to secure additional opportunities for Jefferson Lab moving forward – including in the advanced computing space."

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WASHINGTON, D.C. – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded Senate passage of the Virginia Wilderness Additions Act, a bill they introduced to add a total of 5,600 acres to two existing wilderness areas within the George Washington National Forest in Bath County: the Rough Mountain Wilderness area and the Rich Hole Wilderness area. A wilderness designation is the highest level of protection for public land under federal law. These additions were recommended by the U.S. Forest Service in 2014 and endorsed by members of the GW National Forest Stakeholder Collaborative, a group of forest users that has worked together for seven years to agree on acceptable locations in the GW for wilderness, timber harvest, trails, and other uses.  

“We’re proud that the Senate passed our bill to protect wilderness in Bath County. The George Washington National Forest is a critical part of Virginia’s environment and economy. This legislation would help ensure Virginians can enjoy more of its wildlife, scenery, and trails for generations to come. We’re so thankful to the folks from the U.S. Forest Service, conservationists, and leaders in Bath County for their collaborative efforts to make this happen. We’ll keep working together to get this bill signed into law,” said the Senators. 

“Senate passage of the Virginia Wilderness Additions Act affirms our belief that working in a collaborative manner with diverse interests groups including the timber industry, wildlife managers, and recreation interests creates an atmosphere where dialogue promotes trust and compromise. It is this spirit of cooperation that the Stakeholder Collaborative agreed to a plan that balances the need for managed young forest, recreation, and uninterrupted wilderness,” said Mark Miller, Executive Director, Virginia Wilderness Committee.

“I have supported an increase in active management of the GW National Forest while working with a diverse group of people that share a common interest in our public lands.  Where previously we may have advocated for different uses of the forest, we now look for ways to accomplish all of our goals.  I support the proposed Wilderness additions in this bill by understanding that the GW is large enough to provide a variety of forest conditions, through differing management techniques, as identified in the Forest Plan.  It is possible to simultaneously increase timber harvests, improve wildlife habitat, and create forest age diversity while setting aside remote areas that are valuable for recreation and certain species of wildlife.  This proposal reinforces several year’s-worth of work and demonstrates the ability to accomplish this balance,” said John Hancock, member and a previous President of the Virginia Forestry Association.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Sen. Deb Fischer (R-NE) announced two new bipartisan co-sponsors for their legislation to protect consumers from being tricked into giving away their personal data online. Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), two senior members of the Senate Commerce Committee, have co-sponsored the Warner-Fischer legislation to prohibit large online platforms from using deceptive user interfaces, known as “dark patterns” to trick consumers into handing over their personal data.

“Whether you bought Christmas gifts online, downloaded a new messaging app, or tried to navigate a major browser’s byzantine privacy settings, chances are you were a victim of a dark pattern. In fact, if you wanted to score that extra discount at checkout, these design tactics most likely manipulated you into handing over more than just your email address to get that deal,” Sen. Warner. “I’m grateful to have the support of Sen. Klobuchar and Sen. Thune on this important bill to make sure Americans have more transparency about, and control over, their interactions online.”

“Nearly every time Americans use a new app on our smart phones or browse social media from our laptops, we run into dark patterns. These unethical tricks online platforms use as they battle to capture attention and manipulate users must be stopped. I am pleased to have expanded bipartisan support for this legislation that combats risks to consumer choice and privacy online,” said Sen. Fischer.

“Dark patterns are manipulative tactics used to trick consumers into sharing their personal data. These tactics undermine consumers’ autonomy and privacy, yet they are becoming pervasive on many online platforms,” said Sen. Klobuchar. “This legislation would help prevent the major online platforms from using such manipulative tactics to mislead consumers, and it would prohibit behavioral experiments on users without their informed consent.”

“We live in an environment where large online operators often deploy manipulative practices or ‘dark patterns’ to obtain consent to collect user data, so I’m glad this bills takes meaningful steps to advance consumer transparency,” said Sen. Thune. “I particularly applaud the provisions of this bill that require large online operators to be more transparent about when users are subject to behavioral or psychological research for the purpose of promoting engagement on their platforms. I want to thank Sens. Warner and Fischer for leading this effort, and I’m glad to join them and Sen. Klobuchar in cosponsoring this important legislation.”

The bipartisan Deceptive Experiences To Online Users Reduction (DETOUR) Act aims to curb manipulative dark pattern behavior by prohibiting the largest online platforms (those with over 100 million monthly active users) from relying on user interfaces that intentionally impair user autonomy, decision-making, or choice. Specifically, the legislation:

• Enables the creation of a professional standards body, which can register with the Federal Trade Commission (FTC), to focus on best practices surrounding user design for large online operators. This association would act as a self-regulatory body, providing updated guidance to platforms on design practices that impair user autonomy, decision-making, or choice, positioning the FTC to act as a regulatory backstop.
• Prohibits segmenting consumers for the purposes of behavioral experiments, unless with a consumer’s informed consent. This includes routine disclosures for large online operators, not less than once every 90 days, on any behavioral or psychological experiments to users and the public. Additionally, the bill would require large online operators to create an internal Independent Review Board to provide oversight on these practices to safeguard consumer welfare. 
• Prohibits user design intended to create compulsive usage among children under the age of 13 years old.
• Directs the FTC to create rules within one year of enactment to carry out the requirements related to informed consent, Independent Review Boards, and Professional Standards Bodies.

Sen. Warner has been raising concerns about the implications of social media companies’ reliance on dark patterns for several years. In 2014, Sen. Warner asked the FTC to investigate Facebook’s use of dark patterns in an experiment involving nearly 700,000 users designed to study the emotional impact of manipulating information on News Feeds.

Sen. Warner is also recognized as one of Congress’ leading voices in an ongoing public debate around social media and user privacy. He has written and introduced a series of bipartisan bills designed to protect consumers and promote competition in social media. The Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data (DASHBOARD) Act will require data harvesting companies such as social media platforms to tell consumers and financial regulators exactly what data they are collecting from consumers, and how it is being leveraged by the platform for profit.? The Honest Ads Act will help prevent foreign interference in future elections and improve the transparency of online political advertisements. The Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act is a bipartisan bill to encourage market-based competition to dominant social media platforms by requiring the largest companies to make user data portable – and their services interoperable – with other platforms, and to allow users to designate a trusted third-party service to manage their privacy and account settings, if they so choose.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) released the following statement after the California Consumer Privacy Act (CCPA) went into effect on January 1, 2020:

“With California’s comprehensive privacy law going into effect, the failure of the federal government to lead on privacy – and on related issues of consumer protection and competition online – has come into even sharper focus. We have seen not only the key federal regulator, the Federal Trade Commission (FTC), continually stumble, and state Attorneys General increasingly filling the void, but we have also seen Congress unable to step up and put in place much-needed guardrails to ensure user privacy and data are protected.

“Poll after poll shows Americans growing increasingly concerned with the privacy and security of their data, feeling a loss of control over their data, communications, and online interactions. For over two decades, the U.S. has maintained a laissez-faire approach to technology governance, and only in the last couple of years  have policymakers initiated a long-overdue conversation regarding online privacy, business practice transparency and fairness, and online trust.

“Congress can no longer sit idly by in this data privacy debate. Over the last year, I have unveiled a range of bipartisan bills to put consumers back in control, in the hope that these proposals would be incorporated into comprehensive privacy legislation my colleagues have been working on. These bipartisan bills range from legislation that would prohibit manipulative and deceptive design practices often used to trick consumers into unfair and invasive terms of service; legislation that would provide consumers full transparency on the types of data being collected, its uses, and the value of that data to service-providers; and legislation that, building on CCPA and GDPR, would make user data portable to competing providers – while also making dominant providers support interoperability and consumer use of third-party ‘privacy managers.’

“These issues cannot be addressed on a state-by-state basis. Instead we need comprehensive federal legislation, which addresses not only privacy but a range of related consumer protection and competition issues, to afford all Americans the protections they deserve.”

Sen. Warner is recognized as one of Congress’ leading voices in an ongoing public debate around social media and user privacy. In the Senate, Sen. Warner has written and introduced a series of bipartisan bills designed to protect consumers and promote competition in social media. The Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data (DASHBOARD) Act will require data harvesting companies such as social media platforms to tell consumers and financial regulators exactly what data they are collecting from consumers, and how it is being leveraged by the platform for profit.? The Deceptive Experiences To Online Users Reduction (DETOUR) Act will prohibit large online platforms from using deceptive user interfaces, known as “dark patterns” to trick consumers into handing over their personal data. The Honest Ads Act will help prevent foreign interference in future elections and improve the transparency of online political advertisements. The Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act is a bipartisan legislation to encourage market-based competition to dominant social media platforms by requiring the largest companies to make user data portable – and their services interoperable – with other platforms, and to allow users to designate a trusted third-party service to manage their privacy and account settings, if they so choose.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after their legislation to treat Virginia Beach Tragedy Fund donations as tax-deductible contributions was signed into law:

“Following the horrific shooting in Virginia Beach, we were heartened to see the community come together to support victims and their families by helping alleviate some of the financial burden of the tragedy,” the Senators said. “Our bill will now make sure that the community’s generosity is treated appropriately by making donations to the Virginia Beach Tragedy Fund tax-deductible. We are thrilled that Congress and the White House were able to put any partisanship aside and rapidly get this bill signed for the sake of Virginia Beach and the Commonwealth.”

On May 31, 2019, a gunman opened fire at the Virginia Beach Municipal Center, killing 12 people and injuring four. Soon after, the Virginia Beach Tragedy Fund was created to support the wounded victims and the families of those killed. However, because the fund was set up exclusively for the benefit of those affected by the tragedy, it violates a 501(c)(3) nonprofit charitable tax rule that requires a charitable organization to serve a charitable class of persons that is indefinite or of sufficient size. Accordingly, charitable funds can’t be earmarked for specific individuals. As a result, donors are not able to receive a tax deduction for their contributions. The Virginia Beach Strong Act rectifies this flaw by classifying any contribution made on or after May 31, 2019 through June 1, 2021 as tax-deductible.

Sens. Warner and Kaine, along with U.S. Rep. Elaine Luria (D-VA) have been fierce advocates for the victims and families affected by the May 31st shooting. Earlier this month, the Senators secured congressional passage of this legislation and in June, they wrote to the commissioner of the Internal Revenue Service (IRS) to verify that victims and families were not being taxed on the contributions they were receiving. In August, the President signed into law legislation the Senators introduced to rename a Virginia Beach post office after Ryan “Keith” Cox, a longtime public utilities employee who, alongside other victims, sacrificed his own life to save others during the shooting. Additionally, the Senators secured unanimous passage earlier this year of a Senate resolution honoring the 12 victims of the Virginia Beach shooting.

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