WASHINGTON – U.S. Sen. Mark R. Warner, Vice Chairman of the Senate Select Committee on Intelligence, today introduced the Syrian Allies Protection Act, which would make U.S. visas available to Kurdish Syrians who worked directly with the U.S. armed forces in Syria and whose lives may now be in danger after President Trump abruptly withdrew American troops from northern Syria and allowed a Turkish military operation to move forward against Kurdish fighters who have been integral partners in the fight against ISIS. Since the Turkish offensive began last week, the UN has received reports of executions and human rights abuses against Kurdish fighters and civilians, and at least 160,000 civilians have been displaced.

“America has always stood by her allies. It’s shameful that as a result of President Trump’s reckless actions in Syria, the lives of our Kurdish allies are now in danger,” said Sen. Warner. “Our friends should not pay the price for the President’s irresponsible decision. This bill would establish a program, like those Congress has already established for Iraqi and Afghan nationals, that would allow Kurdish Syrians who worked directly with American troops in the fight against ISIS to come to safety here in the U.S.”

Similar to congressionally-directed programs that made select Iraqi and Afghan nationals who worked as interpreters or in other vital military support positions eligible for special immigrant visas, the Syrian Allies Protection Act would protect those Kurds in Syria who worked most closely with the United States, usually as translators, and whose lives are now threatened not only by the ongoing Turkish incursion, but by potential retaliation by freed ISIS fighters, regime forces, and other foreign interests in Syria now that the protection of American forces has been removed. The legislation would provide permanent American residence to Syrian nationals who worked for the U.S. armed forces for at least six months, have obtained a favorable recommendation from a general or flag officer in the chain of command, and have passed a background check and screening.

The legislation would also direct the Secretary of Defense, in consultation with the Secretaries of State and Homeland Security, to develop and implement a framework to evacuate these eligible individuals to safety  – either in the United States or a third country – while vetting takes place, if their lives are at risk remaining in Syria.  

The text of the Syrian Allies Protection Act is available here.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today joined Sens. Sherrod Brown (D-OH), Tina Smith (D-MN), Joe Manchin (D-WV), and Charles E. Schumer (D-NY) in cosponsoring legislation to address the pension crisis that is jeopardizing small businesses across the country and threatening the retirement of more than 1.1 million workers and retirees nationwide. The Butch Lewis Act would create a loan program to allow financially troubled pensions plans to borrow the funds they need to stabilize their finances and ensure they can meet their commitments to retirees and workers for decades to come.

“Right now, nearly two thousand workers and retirees in Virginia are under threat of seeing their pensions cut drastically as a result of the looming insolvency of the Central States Pension Fund – the largest troubled pension plan,” said Sen. Warner. “Workers shouldn’t have to worry about whether or not the benefits they’ve earned over a lifetime of hard work will be there in retirement. That’s why I’m backing this legislation to lend a hand to the workers and businesses who are counting on these pension plans to succeed.”

Current projections estimate that of the more than ten million individuals who participate in multiemployer pension plans, over one million of them are currently in plans that will be unable to pay the full benefits they have promised. Among these plans is the Central States Pension Plan, one of the largest multiemployer pension plans in the country, which is projected to be insolvent by 2025, affecting nearly 370,000 individuals, including nearly 1,980 people in Virginia.

By providing low-interest 30-year loans, the Butch Lewis Act would put distressed multiemployer plans back on solid footing, thereby protecting small businesses from the threat of closing their doors if plans are allowed to fail. The bill would also would put safeguards in place to encourage pensions to remain strong so they can be there for workers when they retire.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today applauded $23,979,453 in federal funding from the Federal Communications Commission (FCC) to expand broadband to nearly 7,000 unserved homes and businesses in seven counties across Southwest Virginia.

 “The lack of broadband infrastructure continues to affect folks in rural Virginia, from business owners to students,” said the Senators. “In our evolving economy, broadband isn’t a luxury – it’s a necessity. That is why we’re glad to see these federal dollars go toward helping connect nearly 7,000 homes and businesses in Southwest Virginia.”

The funding will be distributed over ten years to support Sunset Digital Communications in providing minimum download speeds of 1 Gbps and minimum upload speeds of 500 Mbps. It will be awarded as listed below:

• Buchanan County – $3,485,482 to serve 626 locations.
• Dickenson County –$5,623,553 to serve 1617 locations.
• Lee County – $3,351,835 to serve 1018 locations.
• Russell County – $7,258,590 to serve 2556 locations.
• Tazewell County – $2,900,697 to serve 714 locations.
• Washington County – $57,143 to serve 9 locations.
• Wise County – $1,302,153 to serve 404 locations.

The funding will be awarded as part of the Connect America Fund (CAF)’s Phase II – the second phase of an FCC program that seeks to expand access to voice and broadband services. CAF provides funding to providers to subsidize the cost of building new network infrastructure or performing network upgrades to expand voice and broadband service in areas where it is lacking. Across the Commonwealth, the FCC has authorized more than $108.5 million to expand broadband to 39,658 rural homes and businesses. 

Under this subsidy, providers are required to build out to 40 percent of the assigned homes and businesses within three years. Buildout must increase by 20 percent in each subsequent year, until complete buildout is reached at the end of the sixth year of support.

Sens. Warner and Kaine have been strong supporters of expanding broadband access in Virginia as Governors and Senators, and have encouraged President Trump to include broadband as part of any bipartisan infrastructure initiative.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine applauded $4,849,792 in federal funding from the Appalachian Regional Commission (ARC) through its Partnership for Opportunity and Workforce and Economic Revitalization (POWER) initiative for communities in the Appalachian region of Virginia.

“We’re excited to support these investments to strengthen Virginia’s economy,” the Senators said. “This funding will help promote job growth, allow more people to access job training, and support rural businesses.”

The funding will be awarded as follows:

• The Southwest Virginia Workforce Development Board in Lebanon, VA will receive $1,500,000 for the Recovery Opportunities and Pathways to Employment Success (ROPES) project. The ROPES program combines recovery and treatment from substance abuse with reemployment opportunities and workforce development to create a recovery-to-employment pathway.

• Appalachian Community Capital (ACC) in Christiansburg, VA will receive $1,039,500 for the Opportunity Appalachia project. ACC has worked with five organizations, including the University of Virginia’s College at Wise, to develop a program that helps bring investment funding to federally designated Opportunity Zones in Central Appalachia. The initiative is estimated to bring in approximately $7.5 million in new investment in Central Appalachian coal communities, and will invest in 15 businesses and create 720 jobs, 70 of which are estimated to be for people recovering from substance abuse.
• Appalachian Headwaters will receive $622,280 for the Appalachian Beekeeping Collective Diversification and Expansion project. Appalachian Headwaters aims to expand its programs focused on the apiculture (honey and bee products) industry to five counties in the Appalachian region of Virginia and 17 counties in southern West Virginia. The project will develop a training and marketing program for new bee products and services as well as create a new processing and training hub in Southwest Virginia.

• The BARC Electric Cooperative in Millboro, VA will receive $1,000,000 for the BARC Rural Economic Development via Broadband project. The project will bring broadband access to 8 businesses and 301 households in Goshen.

• Southwest Virginia Community College (SWCC) in Cedar Bluff, VA will receive $588,072 for the SWCC Automotive Service Excellence Center. The project will create a fast-track curriculum to prepare students for entry-level automobile technician positions.
• The LENOWISCO Planning District Commission in Duffield, VA will receive $50,000 for the Technology Innovation Ecosystem for Rural Water Systems project. The project will identify innovative and emerging technologies that can be used to address potential leaks in small, rural public water systems.
• Appalachian Voices will receive $49,940 for the Taking a Proven Energy Model to Scale project. The project will provide technical assistance to grow the emerging solar energy cluster in Central Appalachia. This funding will support a program in Southwest Virginia that helps building owners who want to use solar energy navigate the process of a commercial-scale solar installation. The program also pools purchasers together to reduce their costs.

The ARC’s POWER Initiative provides grants to communities that have been affected by severe job losses in the coal industry and the changing dynamics of America’s energy production. ARC's mission is to innovate, partner, and invest in the growth of new industries in Appalachia to diversify the region’s economy. Warner and Kaine have been strong advocates for a fully funded ARC so that it can continue to increase employment and economic opportunities for those living in Appalachia.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $6 million in federal funding to expand broadband access in Southwest Virginia. The investments are expected to expand job and economic opportunities in a region where average household incomes continue to lag behind both the national average and other places in Virginia.

“In the 21^st century, high-speed internet access is essential,” said the Senators. “We are pleased to announce this federal investment that will increase opportunities for employment, education and services in Southwest Virginia.”

In Buchanan County, iGo Technology Inc. will receive $3 million to extend broadband access to an additional 820 homes and businesses.

The Scott County Telephone Cooperative will also receive a grant of $3 million to upgrade its current broadband infrastructure in the Dungannon area of Scott County where there is not 10/1 Mbps (10/1) service available. The proposed project upgrade will provide 592 customers more robust broadband infrastructure with greater reliability and higher networking speeds of up to one (1) Gig to each location.

The funds were awarded through the Community Connect Grant Program, administered by the U.S. Department of Agriculture, that helps fund broadband deployment into rural communities where it is not yet economically viable for private sector providers to deliver service. The grants were announced today along with USDA funding for 17 other projects in Illinois, Indiana, Kentucky, Minnesota, Missouri, North Carolina, North Dakota, Oklahoma, Pennsylvania, Tennessee, Texas, West Virginia and Wisconsin. Virginia received more federal grant funding to expand rural broadband service than any other state. 

Warner and Kaine have been strong supporters of expanding broadband access in Virginia as Governors and Senators, and have encouraged President Trump to include broadband as part of any bipartisan infrastructure initiative.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine announced $1,003,327 in federal funding for Rockingham County and the Richmond Behavioral Health Authority from the Department of Justice’s (DOJ) Justice and Mental Health Collaboration Program. These grants aim to improve responses and outcomes for individuals with mental illnesses or co-occurring mental illness and substance use disorders who have come into contact with the criminal justice system.

“We’re pleased to announce this funding to help reduce recidivism among individuals struggling with mental illness and substance abuse,” said the Senators. “For too long, our country has failed people with mental illnesses who often end up in jail without getting the treatment they need. By creating partnerships between law enforcement officers and mental health professionals, we can improve our criminal justice system’s response to those in need of mental or behavioral health services.”

The following will receive funding:

• The Richmond Behavioral Health Authority will receive $253,327.
• Rockingham County will receive $750,000.

DOJ’s Justice and Mental Health Collaboration Program is a cross-system collaboration among criminal justice, mental health, and substance abuse treatment systems. The program supports increased training for law enforcement and public safety officials to better prepare them for their interactions with high-risk individuals with mental illnesses or co-occurring mental illness and substance use disorders. It does this by providing social services and activities including: training for criminal justice, mental health, and substance use disorders treatment personnel; information sharing within and across criminal justice and behavioral health treatment agencies; and specialized caseloads for people on community supervision with more significant mental health needs and higher risk of reoffending.

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, and Marco Rubio (R-FL), member of the Senate Select Committee on Intelligence, have expressed concern over the growing threat posed by deepfakes – sophisticated audio and video technologies that allow users to create fake audio and/or video files that falsely depict someone saying or doing something. In letters to 11 social media companies, including Facebook, Twitter, and YouTube, Sens. Warner and Rubio urged the platforms to develop industry standards for sharing, removing, archiving, and confronting the sharing of synthetic content as soon as possible, in light of foreign threats to the upcoming U.S. election. The letters also encouraged the platforms to develop clear policies to ensure their platforms are not exploited to spread disinformation or misinformation, including through authenticating media, labeling and archiving synthetic media content, and providing access to qualified outside researchers.

“As concerning as deepfakes and other multimedia manipulation techniques are for the subjects whose actions are falsely portrayed, deepfakes pose an especially grave threat to the public’s trust in the information it consumes; particularly images, and video and audio recordings posted online,” wrote the Senators. “If the public can no longer trust recorded events or images, it will have a corrosive impact on our democracy.”

“Despite numerous conversations, meetings, and public testimony acknowledging your responsibilities to the public, there has been limited progress in creating industry-wide standards on the pressing issue of deepfakes and synthetic media,” they continued. “Having a clear strategy and policy in place for authenticating media, and slowing the pace at which disinformation spreads, can help blunt some of these risks.  Similarly, establishing clear policies for the labeling and archiving of synthetic media can aid digital media literacy efforts and assist researchers in tracking disinformation campaigns, particularly from foreign entities and governments seeking to undermine our democracy.”

Deepfake technologies allow users to superimpose existing images and videos onto unrelated images or videos, essentially giving users the ability to create false and defamatory content that can be easily spread on social media.

In their letters to Facebook, Twitter, YouTube, Reddit, LinkedIn, Tumblr, Snapchat, Imgur, TikTok, Pinterest, and Twitch, the Senators emphasized that more than two-thirds of Americans get their news from social media sites, and stressed that online media platforms must assume a heightened responsibility for safeguarding public confidence. They also posed the following series of questions about each company’s ability to prevent, detect, and address deepfakes and other synthetic media:

1. What is your company’s current policy regarding whether users can post intentionally misleading, synthetic or fabricated media?
2. Does your company currently have the technical ability to detect intentionally misleading or fabricated media, such as deepfakes? If so, how do you archive this problematic content for better re-identification in the future?
3. Will your company make available archived fabricated media to qualified outside researchers working to develop new methods of tracking and identifying such content?  If so, what partnerships does your company currently have in place?  Will your company maintain a separate, publicly accessible archive for this content?
4. If the victim of a possible deepfake informs you that a recording is intentionally misleading or fabricated, how will your company adjudicate those claims or notify other potential victims?
5. If your company determines that a media file hosted by your company is intentionally misleading or fabricated, how will you make clear to users that you have either removed or replaced that problematic content?
6. Given that deepfakes may attract views that could drive algorithmic promotion, how will your company and its algorithms respond to, and downplay, deepfakes posted on your platform?
7. What is your company’s policy for dealing with the posting and promotion of media content that is wholly fabricated, such as untrue articles posing as real news, in an effort to mislead the public? 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), member of the Senate Finance Committee, along with Sen. Tim Kaine (D-VA) have introduced legislation to provide financial relief to the Virginia Beach Tragedy Fund to help Virginia Beach shooting victims get the financial assistance they need. The Virginia Beach Strong Act would ensure that any donations made to the Virginia Beach Tragedy Fund on behalf of the families of the dead or wounded victims of the mass shooting in Virginia Beach are tax-deductible.

“There is nothing we can do to undo this tragedy or bring back the individuals we lost in this senseless act of violence, but we can try to make it as easy as possible for families and those injured to get the relief they need,” said the Senators. “This legislation will further incentivize donations to the Virginia Beach Tragedy Fund by making sure that contributions to victims and families are permitted to be treated as charitable contributions.”

U.S. Rep. Elaine Luria (D-VA) introduced companion legislation in the House of Representatives that is supported by Reps. Bobby Scott (D-VA), Rob Wittman (R-VA), Gerry Connolly (D-VA), Denver Riggleman (R-VA), Don Beyer (D-VA), A. Donald McEachin (D-VA), Abigail Spanberger (D-VA), and Jennifer Wexton (D-VA).

“On May 31st, our Virginia Beach community experienced an unspeakable tragedy that led to the loss of 12 wonderful people,” Rep. Luria said. “In the wake of our community’s darkest day, we saw countless selfless people donate to provide relief for grieving families. I am introducing the Virginia Beach Strong Act to make it easier to help bring more urgently-needed support to grieving families.”

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 prohibits charitable funds from being earmarked for specific individuals. As a result, donations to the fund are not currently tax-deductible for those making the contributions.

The Virginia Beach Strong Act would clarify that any contribution made for the relief of the families of the dead or wounded victims is treated as a tax-deductible contribution. This legislation would also apply retroactively, classifying any such contribution made on or after May 31, 2019 as tax-deductible.

Sens. Warner and Kaine, along with Rep. Luria have been fierce advocates for the victims and families affected by this mass shooting. In August, they successfully passed bicameral legislation 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. In June, Sens. Warner and Kaine 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. Additionally, the Senators secured unanimous passage earlier this year of a Senate resolution honoring the 12 victims of the Virginia Beach shooting.

The full text of the bill is available here.

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WASHINGTON – Senate Banking Committee members, U.S. Sens. Mark R. Warner (D-VA), Tom Cotton (R-AR), Doug Jones (D-AL), Mike Rounds (R-SD), Bob Menendez (D-NJ), John Kennedy (R-LA), Catherine Cortez Masto (D-NV), and Jerry Moran (R-KS) today introduced bipartisan legislation to improve corporate transparency, strengthen national security, and help law enforcement combat illicit financial activity being carried out by terrorists, drug and human traffickers, and other criminals. 

The Improving Laundering Laws and Increasing Comprehensive Information Tracking of Criminal Activity in Shell Holdings (ILLICIT CASH) Act would, for the first time, require shell companies – often used as fronts for criminal activity – to disclose their true owners to the U.S. Department of Treasury. It would also update decades-old anti-money laundering (AML) and combating the financing of terrorism (CFT) policies, by giving Treasury and law enforcement the tools they need to fight criminal networks. This includes improving overall communication between law enforcement, financial institutions, and regulators, and facilitating the adoption of critical 21^st century technologies. 

“Transparency is the best weapon we have against the misuse of our financial system by those who would harm the United States and our allies,” said Sen. Warner. “As bad actors use ever more sophisticated techniques, we need to make sure federal agencies have the tools they need to prevent this abuse of our financial system and protect our national security. That starts with making sure we have a full usable record of who actually owns these shell companies.”

“Right now, criminals and terrorists are exploiting our financial system using shell companies that hide their identities. This legislation will allow law enforcement to track ill-gotten gains while at the same time protecting small businesses from unnecessary regulation. I’m proud that we’ve delivered a product that respects the needs of Arkansas small businesses, from startups to steel companies,” said Sen. Cotton.

“It is simply too easy in the United States for criminals to hide behind anonymous shell companies. Our bipartisan bill gives the American law enforcement and national security officials the tools they need to fight back against the criminals that seek to exploit our financial system and fund their illegal activities,” said Sen. Jones.

“Our legislation protects Americans by depriving criminals and terrorists of tools they use to finance illicit activity. Developed through months of hard work and consensus-building, the ILLICIT CASH Act gives the Treasury Department and law enforcement the tools they need to combat illegal financial activity without burdening legitimate businesses. I look forward to continuing to work with my colleagues to advance this important issue – the first serious overhaul of our anti-money laundering system in decades,” said Sen. Rounds.

“It’s still far too easy for rogue regimes, corrupt oligarchs, human traffickers and drug cartels to use American shell companies to launder money through the United States,” said Sen. Menendez. “Our bill gives our national security and law enforcement professionals new tools to make sure our financial system can no longer be a safe haven for illegal actors.”

“Transparency is a powerful tool to use against criminal activity because it makes it impossible to hide.  Criminals know it’s easier to set up a shell company than it is to get a library card in the U.S.  This bill will help dismantle criminal networks by ensuring that we know who truly owns shell companies,” said Sen. Kennedy.

“From money laundering to funding terrorism and sex trafficking, it’s outrageous that in the United States it is still incredibly easy for criminals to set up shell companies to hide their illicit financial activity,” said Sen. Cortez Masto. “I’m proud to cosponsor comprehensive legislation that gives the Treasury Department and law enforcement the modern-day tools they need to track down these criminals, prevent abuse of our financial system and keep Americans safe.” 

According to research from the University of Texas and Brigham Young University, the U.S. remains one of the easiest places in the world to set up an anonymous shell company. A recent report by Global Financial Integrity demonstrates that, in all 50 U.S. states, more information is currently required to obtain a library card than to register a company. Human traffickers, terrorist groups, arms dealers, transnational criminal organizations, kleptocrats, drug cartels, and rogue regimes have all used U.S.-registered shell companies to hide their identities and facilitate illicit activities. Meanwhile, U.S. intelligence and law enforcement agencies find it increasingly difficult to investigate these illicit financial networks without access to information about the beneficial ownership of corporate entities involved.

At the same time, U.S. AML-CFT laws have not kept pace with the growing exploitation of the global financial system to facilitate criminal activity. According to a United Nations Report, money laundering activity and illicit cross-border financial flows have generated upwards of $300 billion annually in criminal proceeds. While tracking these growing sums is increasingly difficult, U.S. laws have also failed to adequately address the small dollar financing of global terrorist groups. 

“Our own research and data have shown that the criminals behind trafficking operations use secrecy to hide both their identity and the proceeds of their crimes.  Secrecy allows them to profit with impunity.  By ending the ability of traffickers and others to use anonymous companies, the ILLICIT CASH Act will, for the first time, provide critical information to the police and prosecutors with whom we work to follow the money.  We applaud the bill sponsors for working across party lines to take these effective steps to address the deep, lasting and unimaginable harms caused by human trafficking,” said Bradley Myles, CEO, Polaris.

“As end users of evidence collected throughout the investigative process, it is imperative that prosecutors have as much information as possible in order to determine the best course of action for prosecuting an individual or entity that has committed a crime. Beneficial ownership data collection is vital to this effort, and law enforcement and prosecutors must have lawful access to that information. NDAA is excited to support the Illicit Cash Act and looks forward to working with Senators Warner, Jones, Cotton, Rounds, Kennedy, Menendez, Cortez Masto & Moran in moving this legislation through Congress,” said Nelson Bunn, Executive Director, National District Attorneys Association.

“We appreciate Senators Warner, Cotton, Jones, Rounds, Menendez, Kennedy, Cortez Masto and Moran’s hard work in building additional bipartisan support and pushing this legislation forward. Their legislation would both modernize our antiquated AML regime and help law enforcement and national security officials by closing the anonymous shell company loophole exploited by human traffickers, drug smugglers, and terrorists,” said Greg Baer, President and CEO, Bank Policy Institute.

“The ease with which bad actors can hide illicit cash in the U.S. undermines our national security, props up rogue leaders and renegade regimes, and destroys lives — both here and abroad. The ILLICIT CASH Act is a direct and effective response to the dangers and devastation that result from the lack of safeguards to protect our financial system from abuse,” said Gary Kalman, Executive Director, Financial Accountability and Corporate Transparency (FACT) Coalition.

“When we are able to expose the link between shell companies and drug trafficking, corruption, organized crime and terrorist finance, law enforcement will be able to bring these criminals to justice and make our citizens and our nation safer. This legislation will help law enforcement by removing the mask that hides these illicit actors,” said Pat Yoes, President, Fraternal Order of Police.

Given the critical importance of cracking down on criminal shell companies and the need to combat money laundering and terrorism, the ILLICIT CASH Act envisions a more transparent corporate ownership system and an updated, effective and efficient AML-CFT regime designed for the 21^st century. Specifically, this legislation would:

• Establish federal reporting requirements mandating that all beneficial ownership information be maintained in a comprehensive federal database, with strict privacy protections, accessible by federal and local law enforcement.
• Help recruit and retain top talent at the Financial Crimes Enforcement Network (FinCEN) by putting employees on a pay scale comparable to that of federal financial regulators.
• Create a hub of financial expert investigators at FinCEN to investigate potential AML-CFT activity in collaboration with federal government agencies.
• Facilitate communications between the Treasury and financial institutions by establishing a Treasury financial institution liaison to seek and receive comments regarding AML-CFT rules, regulations, and examinations.
• Require the Department of Justice (DOJ) to provide the Treasury Department with metrics on the usefulness of AML-CFT data from financial institutions for law enforcement purposes, as well as data on the past and current trends identified by DOJ in the AML-CFT landscape.
• Require law enforcement to coordinate with financial regulators to provide periodic feedback to financial institutions on their suspicious activity reports.
• Prioritize the protection of personally identifying information while establishing a clear path for financial institutions to share AML-CFT information for the purposes of identifying suspicious activity.
• Prevent foreign banks from obstructing money laundering or terrorist financing investigations by requiring these banks to produce records in a manner that establishes their authenticity and reliability for evidentiary purposes, and compelling them to comply with subpoenas. This legislation would also authorize contempt sanctions for banks that fail to comply and increase penalties on repeat BSA violators. 
• Ensure the inclusion of current and future payment systems in the AML-CFT regime by updating the definition of “coins and currency” to include digital currency.

A section-by-section analysis of this bill is available here. A one-pager is available here. The full text of the bill is available here.  

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WASHINGTON - Today at the U.S. Capitol a bipartisan, bicameral Congressional delegation, leading national advocacy groups, and the families of Heather Heyer and Khalid Jabara called for swift passage of the NO HATE Act. The NO HATE Act seeks to address the underreporting of hate crimes and improve police response to hate crimes. Jabara and Heyer were both killed by men who were prosecuted for hate crimes, but those murders were not reported by state and local law enforcement to the FBI.

“Until all hate crimes are accurately reported and tracked, and an effective response mounted, lives like Khalid’s and Heather’s will continue to be cut short, and families like ours and Susan’s will continue to live with the pain,” said Victoria and Rami Jabara, sister and brother of Khalid Jabara.

“We need a basic accounting of what is happening with hate crimes, and this bill will go a long way to doing that,” said Susan Bro, mother of Heather Heyer. “You don't take your child to the doctor or your car to the mechanic without analyzing symptoms, and we don't even know all the symptoms of hate crimes. We don't know how many occur; there are huge gaps as illustrated by Khalid's death and Heather's death not being reported.”

“The loss of Heather Heyer and Khalid Jabara cannot be undone, but we can honor their lives by passing legislation like the NO HATE Act to help prevent future tragedies,” said Rep. Don Beyer (D-VA). “When I introduced the NO HATE Act in 2016 we had small a handful of cosponsors and supporting groups behind it; now the bill is much better, it’s bipartisan and bicameral, and the support is much stronger. But the problem of hate and extremist violence has also gotten much worse. We need our colleagues to get behind this bipartisan legislation to help law enforcement track, respond, and prevent hate crimes.”

“Hate crimes shatter lives – they shred people’s sense of trust and wellbeing,” said Sen. Richard Blumenthal (D-CT). “I admire so much, so deeply the courage and strength of Susan Bro and Rami and Victoria Jabara in being here. Since the deaths of Heather Heyer and Khalid Jabara, hate crimes continue to take their toll in America. Americans are saying enough is enough. We are going to fight as long and hard as necessary to make sure that hate crimes reporting is improved, that state prosecutions are aided with grants, and that the provisions of our NO HATE Act are fully implemented.”

"When Congressman Beyer asked me to be an original sponsor of the NO HATE Act my answer was an immediate yes. This bill is bipartisan — it has the support of Republicans and Democrats; the hotline it creates will be a lifeline to help those targeted with violence just for being who they are; and the bill allows us to capture important data on hate crimes so we can better stop them before they happen. America was founded on life, liberty and the pursuit of happiness. Our bill is an important step in helping all Americans realize that promise," said Rep. Pete Olson (R-TX).

“We must come together to combat the rise of hate crimes in America,” said Sen. Tim Kaine (D-VA). “I’m encouraged that the NO HATE Act has bipartisan support in the House, and numerous cosponsors in the Senate, but much more work lies ahead. Events like today’s play an important role in educating lawmakers and the public about the scourge of hate crimes and the need to eradicate them. I thank Susan Bro and all who joined us today in this fight. I’m determined to honor the legacy of Heather Heyer, Khalid Jabara, and the victims of hate crimes everywhere with enactment of the NO HATE Act.”

“All Americans should be able to live in peace in their own communities – regardless of their skin color, how they worship, or where they come from,” said Sen. Mark R. Warner (D-VA). “That’s why Congress needs to vote on this commonsense bill, which will make it easier to keep an accurate record of hate crimes in this country.”

“The DOJ, the FBI, the nation’s law enforcement agencies, and policy makers all know there is a massive underreporting of hate crimes,” said AAI Executive Director Maya Berry. “It is possible that FBI statistics capture as little as one percent of the hate crimes that occur annually, meaning hundreds of thousands of hate crimes go unreported each year. Behind every missing datapoint is a name, a family, a community. We must say the names, support the families, and elevate the communities of those targeted by hate. Improving our method of hate crime reporting and data collection is the necessary first step. We are indebted to the families of Khalid Jabara and Heather Heyer, the members of Congress leading this effort, and our civil rights partners. We have collectively worked hard in support of the Jabara-Heyer NO HATE Act because it will get us closer to what Congress set out to do in passing the Hate Crime Statistics Act three decades ago. Now as then, our elected officials—both Democrats and Republicans—must come together to pass the Jabara-Heyer NO HATE Act.”

“To fight hate, we must first understand it,” said Anjali Thakur-Mittal, Director, Communities Against Hate Initiative, The Leadership Conference on Civil and Human Rights. “In order to minimize violence against our most vulnerable communities, we must first achieve the reliable collection of accurate data. The bicameral, bipartisan Jabara Heyer NO HATE Act will get us closer to that end by improving our government’s approach to addressing hate. To honor Khalid Jabara, Heather Heyer, and all victims of hate, Congress must pass the Jabara Heyer NO HATE Act now.”

"We have seen an increase in violent hate crimes in this country over the past three years, particularly against LGBTQ people,” said David Stacy, HRC Director of Government Affairs. “This epidemic of fatal violence has led to the deaths of at least 18 trans people of whom have been killed in 2019, nearly all of them Black trans women. It is critical to understand the entire scope of violence and discrimination facing communities across the country. The Jabara-Heyer NO HATE Act would promote better data collection on these crimes, giving us a fuller picture of the scope of this problem to help us end the violence. We thank Senators Blumenthal, Warner and Kaine and Representatives  Beyer and Olson for introducing this critical legislation."

“The Khalid Jabara and Heather Heyer Hate Crime Reporting Act is a crucial step forward in addressing the rise in hate crimes over the last several years,” said Manar Waheed, Senior Legislative and Advocacy Counsel of ACLU. “Khalid and Heather were killed exactly one year apart—Khalid at the hands of someone with a long history of harassment and attacks against him and his family in Tulsa, Oklahoma, and Heather during the white supremacist violence in Charlottesville, Virginia, in the summer of 2017. Although their cases were prosecuted as hate crimes, law enforcement did not report either Khalid’s or Heather’s deaths in federal hate crimes statistics, a failure for which there is no greater indication of the need to improve our hate crimes reporting. This bill as an important step towards understanding the scope of this violence and honoring the legacy of those that have been lost. Without an understanding of the problem, we cannot begin to address it or improve the safety of all communities.”

“As religious minorities, as people of faith, and as Americans, Muslims and Jews know that hate is like a fire set in the woods; when one tree is targeted all are in danger of setting ablaze. To extinguish the conflagration of hate crimes in this country each victim must count and all must be counted—the NO HATE Act gets us there,” said Dr. Ari Gordon of AJC and the Muslim-Jewish Advisory Council.   

Susan Bro, mother of Heather Heyer, and Haifa Jabara, mother of Khalid Jabara recently made the case in the New York Times for passage of this legislation named after their children. The Jabara-Heyer NO HATE Act would help close enormous gaps in hate crime statistics and improve the response to hate crimes by local, state, and federal law enforcement.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Intelligence Committee and co-founder of the Senate Cybersecurity Caucus, wrote to the CEO of TridentUSA Health Services today to ask about the company’s data security practices as they relate to Health Insurance Portability and Accountability Act (HIPAA) compliance. The letter comes in light of a report that MobileXUSA – an affiliate of TridentUSA Health Services – left an unencrypted server online, exposing the medical data of millions of Americans.

“It appears that the information held by MobileXUSA was made accessible due to sloppy cybersecurity practices— no software vulnerabilities were involved, and no explicit hacking was required,” wrote Sen. Warner. “While HIPAA lays out some guidelines for secure data storage and transfer, it is not always clear who bears responsibility for securing the data and ensuring the use of proper controls. However, it is certainly the responsibility of companies like yours to control and secure sensitive medical data, maintain an audit trail of medical images, and to ensure the information is not publicly accessible.”

According to recent reports, 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. As part of the report, researchers identified 187 servers in the U.S. – including that of MobileXUSA – that were unprotected by passwords or basic security precautions.

In the letter to TridentUSA Health Services, Sen. Warner stressed the importance of protecting Americans’ privacy and personal health information. He also posed the following questions for TridentUSA Health Services:

1. HIPAA requires audit trails for PACS, which stores the data in centralized auditing databases with multiple audit layers. What audit and monitoring tools do you use to analyze the data to remain HIPAA compliant? 
2. PAC server vulnerabilities are well known, however, their use of the DICOM protocol makes them easily accessible via the Internet. DICOM also enables PACS to communicate with neighboring systems in a medical or clinical process within a network of IP-enabled devices. Does your company require neighboring systems to comply with current standards and use access management controls? 
3. What are your identity and access management controls for IP-addresses and/or port filters?
4. Do you require VPN or SSL to communicate with your PACS?
5. What is the frequency of your vulnerability scans and HIPAA-compliant audits?
6. What are your server encryption practices?
7. Do you have an internal security team or do you outsource it?

Sen. Warner has been a champion for cybersecurity throughout his career, and has been an outspoken critic of poor cybersecurity practices that have led to the compromise of Americans’ personal information. Last week, Sen. Warner demanded answers from U.S. Customs and Border Protection (CBP) and South Korean company Suprema HQ, following separate incidents that affected both entities and exposed the personal, permanently identifiable data of many Americans. He also introduced legislation earlier this year to empower state and local government to counter cyberattacks, and to increase cybersecurity among public companies.

The letter text can be found below and a PDF is available here.

 

Andrei Soran, CEO

TridentUSA Health Services

930 Ridgebrook Rd.

Sparks Glencoe, MD 21152

Dear Mr. Soran,

It has come to my attention that one of your affiliated companies, MobileXUSA, recently left an unencrypted server online, exposing sensitive medical images and health data of Americans. According to recent reporting, researchers found 13.7 million data sets and 303.1 million images in medical image storage systems have been freely accessible online with no authentication requirements to access or download the images.  This left the MRI’s, X-rays, and CT scans of millions of Americans exposed on the internet, not because of a breach, but simply because they were stored on 187 unprotected picture archiving and communication servers (PACS) including yours.  Additionally, along with the sensitive medical images, according to the research, your server displayed the names of more than a million patients. 

My colleagues and I in the Senate have been concerned about negligent cybersecurity practices in the health care space for a long time. Cybersecurity risks within the health care sector represent a growing threat, with 285 breaches reported between January and June of this year.  According to one report, there has been at least one healthcare-related data breach a day since 2016.  Just recently, the Senate Cybersecurity Caucus, of which I am a co-founder, convened a briefing that focused on healthcare and cybersecurity, particularly on the security of healthcare records which further highlighted the need for more robust cyber hygiene practices, and possibly additional standards.

It appears that the information held by MobileXUSA was made accessible due to sloppy cybersecurity practices— no software vulnerabilities were involved, and no explicit hacking was required. While HIPAA lays out some guidelines for secure data storage and transfer, it is not always clear who bears responsibility for securing the data and ensuring the use of proper controls. However, it is certainly the responsibility of companies like yours to control and secure sensitive medical data, maintain an audit trail of medical images, and to ensure the information is not publicly accessible.

To better understand how exactly millions of private medical scans were left open on the internet, I would appreciate your answers to the following questions:  

1. HIPAA requires audit trails for PACS, which stores the data in centralized auditing databases with multiple audit layers. What audit and monitoring tools do you use to analyze the data to remain HIPAA compliant? 
2. PAC server vulnerabilities are well known, however, their use of the DICOM protocol makes them easily accessible via the Internet. DICOM also enables PACS to communicate with neighboring systems in a medical or clinical process within a network of IP-enabled devices. Does your company require neighboring systems to comply with current standards and use access management controls? 
3. What are your identity and access management controls for IP-addresses and/or port filters?
4. Do you require VPN or SSL to communicate with your PACS?
5. What is the frequency of your vulnerability scans and HIPAA-compliant audits?
6. What are your server encryption practices?
7. Do you have an internal security team or do you outsource it?

It is critical that the privacy of the individual– including their personal health information – is appropriately protected.  I look forward to hearing your response by October 9th, 2019. Any further questions can be directed to Leisel Bogan in my office at Leisel_Bogan@warner.senate.gov

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $23,185,283 in federal funding from the United States Department of Transportation (DOT) to support improvement projects at 11 airports.

“We’re excited to announce that these federal dollars will benefit 11 Virginia airports,” said the Senators. “We look forward to seeing how these grants will help improve safety and increase efficiency at airports all across the Commonwealth.”

• Washington Dulles International Airport will receive $854,786 to support Voluntary Airport Low Emissions (VALE) infrastructure.
• Manassas Regional Airport/Harry P. Davis Field will receive $3,513,300 to construct a taxiway, improve a runway safety area, and rehabilitate a runway.
• Warrenton-Fauquier Airport will receive $150,000 to rehabilitate a taxiway and rehabilitate a runway.
• Leesburg Executive Airport will receive $205,000 to construct an apron.
• Richmond International Airport will receive $8,733,800 to construct a taxiway.
• Lynchburg Regional Airport/Preston Glenn Field will receive $305,148 to rehabilitate and construct aprons, and rehabilitate a taxiway.
• Norfolk International Airport will receive $3,591,524 to acquire land for approaches, install airfield guidance signs, rehabilitate taxiway lighting, rehabilitate a taxiway and acquire friction-measuring equipment.
• Franklin Municipal-John Beverly Rose Airport will receive $90,000 to conduct a study.
• Virginia Highlands Airport will receive $4,150,000 to extend a runway.
• Luray Caverns Airport will receive $1,291,725 to construct an apron.
• Shenandoah Valley Regional Airport will receive $300,000 to construct a taxiway and acquire safety and/or security equipment.

The funding was awarded through the Federal Aviation Administration (FAA) Airport Improvement Program (AIP), which supports infrastructure improvement projects at airports across the nation. Sens. Warner and Kaine have been strong advocates for greater infrastructure investments, including for Virginia’s airports. They have pushed back against the Trump Administration’s suggested budget cuts to DOT to help ensure that critical upgrades like these can happen. Earlier this year, Sen. Warner introduced a bill to strengthen our nation’s infrastructure, create jobs, and generate economic stimulus.

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