WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined a bipartisan, bicameral group of colleagues in introducing the Secure and Fair Enforcement (SAFE) Banking Act of 2023. The legislation would ensure that legal cannabis businesses have access to critical banking and financial services. 

Most state legal medicinal or recreational cannabis businesses across the country are denied access to traditional and secure banking systems and financial services because banks fear they may be prosecuted under federal law given the current federal restrictions on cannabis. Due to the lack of access to financial services, legal state cannabis businesses are forced to operate solely using cash, which leaves to door open to potential tax evasion and increases the potential for criminal activity.

“No business operating legally and safely should feel the need to conduct their business in all-cash out of fear of unfair penalization from the federal government,” said Sens. Warner and Kaine. “It is about time we pass the SAFE Banking Act and ensure that all legal cannabis businesses have access to the financial services they deserve to support their businesses and keep their communities safe.”

Specifically, the?SAFE Banking Act?of 2023 would prevent federal banking regulators from: 

• Prohibiting, penalizing or discouraging a bank from providing financial services to a legitimate state-sanctioned and regulated cannabis business, or an associated business (such as a lawyer or landlord providing services to a legal cannabis business); 
• Terminating or limiting a bank’s federal deposit insurance primarily because the bank is providing services to a state-sanctioned cannabis business or associated business; 
• Recommending or incentivizing a bank to halt or downgrade providing any kind of banking services to these businesses; or 
• Taking any action on a loan to an owner or operator of a cannabis-related business. 

This legislation would also create a safe harbor from criminal prosecution and liability and asset forfeiture for banks and their officers and employees who provide financial services to legitimate, state-sanctioned cannabis businesses, while maintaining banks’ right to choose not to offer those services. The bill also provides protections for hemp and hemp-derived cannabidiol (CBD) related businesses. 

This legislation also explicitly extends the safe harbor to Community Development Financial Institutions (CDFI) and Minority Depository Institutions (MDI) ensuring they can also serve cannabis businesses. Sens. Warner and Kaine have long been supporters of CDFIs and MDIs. Last year, Sen. Warner launched the bipartisan Senate Community Development Finance Caucus to serve as a platform where policymakers can coordinate and expand on public and private-sector efforts in support of the missions of Community Development Financial Institutions (CDFIs) and Minority Depository Institutions (MDIs). Extending the safe harbor to Community Development Financial Institutions (CDFI) and Minority Depository Institutions (MDI) ensures that underserved communities are not once again excluded from opportunities to access capital and financial support for their businesses.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine released the following statement ahead of the Senate’s historic vote on a resolution that would facilitate the ratification of the Equal Rights Amendment (ERA), which was first introduced 100 years ago to guarantee equal protection for women in the U.S. Constitution:

“In 2020, Virginia made history by becoming the 38^th and final state needed to ratify the Equal Rights Amendment. Today, the Senate has the opportunity to make history by voting to remove the time limit for ratification of the ERA. We urge our colleagues to join us in voting to remove this arbitrary and unnecessary time limit and enshrine equality for women into the U.S. Constitution.”

Warner and Kaine are cosponsors of the bipartisan resolution to remove the time limit for ratification of the ERA. In December 2022, Kaine led members of the Virginia delegation, including Warner, in urging a Senate vote on this important resolution.

The ERA was first introduced in 1923 and passed the House and Senate in 1972. At the time of passage, Congress required three-fourths of the states to ratify the amendment within seven years, although the Constitution does not impose a deadline for ratification of amendments. The 27th Amendment was ratified two centuries after it passed Congress. By 1977, 35 states had ratified the ERA, and in 1978, falling short of the required 38 states for adoption, Congress extended the time limit an additional three years. In 2020, Virginia became the 38^th and final state needed for ratification.

If the ERA became the 28^th Amendment to the U.S. Constitution, it would serve as a new mechanism – for Congress, for federal agencies, and in the courts – to advance equality in the fields of workforce and pay, pregnancy discrimination, sexual harassment and violence, and reproductive freedom. It would also signal to the courts that they should apply a more rigorous level of review to laws and government policies that discriminate on the basis of sex, making it more likely for them to be struck down.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced the allocation of $1,226,527 to Virginia for the Commonwealth’s airport system through two grants distributed by the U.S. Department of Transportation’s Federal Aviation Administration. Specifically, the Department of Transportation has awarded $476,527 to Luray Caverns Airport  in Luray, Virginia for the construction of a 4,600 square foot terminal building to meet the operational needs of the airport as well as the construction of an airport parking lot. In addition, $750,000 has been awarded to the Commonwealth of Virginia for the commission of a study to reevaluate its air transportation needs for the first time since 2010.

“Luray Caverns Airport serves thousands of Virginians every year and we are happy to see this funding go towards critical improvements,” said the Senators. “We are glad to see continued, meaningful investment in the Commonwealth’s infrastructure that will help to assess aviation needs across Virginia and make travel through our airports easier and more accessible.”

Sens. Warner and Kaine have championed continued investment in Virginia’s airports in order to make travel easier across the Commonwealth. Earlier this year, the Senators announced over $29 million in federal funding for improvements to three Virginia airports, Washington Dulles International Airport (IAD), Norfolk International Airport (ORF), and Richmond International Airport (RIC). Additionally, the Senators have announced nearly $400 million in funding for various Virginia airports secured through the bipartisan Infrastructure Investments and Jobs Act.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today pushed IRS Commissioner Danny Werfel to accelerate processing the backlog of Employee Retention Tax Credit (ERTC) claims. Commissioner Werfel asserted that the IRS is currently processing 20,000 ERTC claims per week, but after further questioning by Sen. Warner, committed to doubling the rate to 40,000 per week, with priority on the oldest claims.

The ERTC was created in response to COVID-19 to incentivize employers to keep their employees on payroll and off unemployment during the height of the pandemic. Virginia small businesses kept those promises to retain their workforce, but years later, due to IRS processing delays, many are still waiting to receive the tax credits they are due.

Sen. Warner has repeatedly raised this issue with the IRS, and today in a hearing of the Senate Finance Committee, he pressed Commissioner Werfel to commit to doubling the rate at which these credits are processed: 

Sen Warner asked, “I want to drill down on two issues… The first is, and this was the call we had in late March, the Employee Retention Tax Credit (ERTC). And one of the things we put in place during COVID, again, a bipartisan piece of legislation, which I think was well intended to make sure that employers kept people on during COVID rather than having to put them on unemployment. As I shared with you, you know, there are a number of businesses in Virginia, and I imagine this is probably the case in other states as well, where there's been a backlog. They can't get clarity. They're not getting these tax credits, which I think they did deserve. And since these are businesses that did, from a policy standpoint, what I think we all thought was the right thing by keeping folks employed during that period. Can you update us on the overall ERTC backlog and where we stand?”

Commissioner Werfel explained the factors that make processing ERTC claims difficult, then said, “The action is that now that filing season has ended, we now expect less of calls coming in, as most people have filed their taxes. And we can redeploy people off the phones and reset them so that we're managing paper. Now, prior to this move of moving people off the phones, we were resolving about 20,000 of these Employee Retention Credits a week and using overtime and any downtime where the phones aren't up, moving people to do it. Like every resource, it's an all-hands-on-deck situation post this filing season. Now that we can reset the staff, I think we can maybe double per week the amount of refund of credits that we're processing. So that's the action that we're taking. And in particular, I want to make sure and I've talked to the team about making sure that we go with the older ones first, like those that have been waiting the longest. So, you know, really focus on if it was received in 2022 or prior because they're still coming in, and under the law they can come in until 2025. So this is a filing that we're going to be dealing with for years, but I think we're going to make progress.”

Sen. Warner said, “That was a great answer, and I also took away the fact that you're going to double per week… How much of the backlog is being taken care of on a weekly basis at this point?”

Commissioner Werfel answered, “20,000 a week.”

Sen. Warner reinforced the answer and asked, “So we can look at 40,000 a week.”

Commissioner Werfel responded, “That's the hope.”

Sen. Warner, “You just said it on the record, so I'm going to be back to you!”

Separately, Sen. Warner also pushed Commissioner Werfel in today’s hearing to maximize awareness of the tax benefit created by his bipartisan Employer Participation in Repayment Act, which allows employers to contribute $5,250 tax-free towards their employees’ student loans. The credit has been extended until 2025 and is currently available to help employers retain talent while borrowers pay down their debt.

While questioning Commissioner Werfel, Sen. Warner said, “You know, Section 127 of the code has something that has again been bipartisan, supported for years, which basically, as you're aware, allows an employer to go ahead and send an employee back to school to get additional education. And that additional education up to $5,250 a year goes tax-free to the employee, great retention tool, great ability to get additional skills. One of the things and my friend John Thune and I put a bill in that got broad bipartisan support… that said… shouldn't we also allow those employees who have student debt to go ahead and qualify as well and… pay down that $5,250 a year, tax-free. We had it put in place for a year. It got extended through 2025. It seems like such a no brainer. The take up rate has been not great. What can we do to help further promote? And this is an area where, regardless how we feel about student debt, you know, everybody's kind of all in, and it’s a great retention tool.”

Sen. Warner has consistently pushed for faster processing of outstanding ERTC claims, including during a direct call to Commissioner Werfel in March, and has supported legislation to expand the program. He has also been a tireless advocate to improve IRS customer service and accelerate return times. Sen. Warner strongly supported the Inflation Reduction Act — legislation which provides funding to modernize IRS systems and improve customer service when paying taxes. This will help ensure the IRS has the resources it needs to process tax returns quickly, get rebates to taxpayers faster, and address challenges Virginians have when filing taxes. These investments have improved IRS response rates this tax season from answering two out of every 10 calls to answering nine out of every 10 calls.

Additionally, Sen. Warner has been pressing the IRS to address pandemic-related processing delays for several years. Sen. Warner first raised concerns over backlogs at the IRS in February 2021, as millions of Americans waited for delayed stimulus payments and processing of their tax returns. In January 2022, as the tax filing season opened, Sen. Warner again called on Treasury Secretary Janet Yellen and then-Commissioner Rettig to quickly address reports of unprocessed tax returns for the 2020 filing season. Later that month, Sen. Warner called on the IRS to provide relief for taxpayers amidst the backlog – a request he again reiterated in a bipartisan and bicameral March letter.

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WASHINGTON –U.S. Sens. Mark R. Warner (D-VA) and Marsha Blackburn (R-TN) joined Reps. Doris Matsui (D-CA-07), Representative Zach Nunn (R-IA-03) reintroduced the Enhancing K-12 Cybersecurity Act, legislation to strengthen cybersecurity at America’s K-12 schools by promoting access to information, better tracking cyberattacks nationally, and providing new cybersecurity resources.

“As cyberattacks continue to expose private information and disrupt infrastructure across industries, including in education, with increased frequency, we must ensure that schools are in the best position possible to prevent and respond to attacks,” said Sen. Warner. “This legislation will put in place necessary procedures to protect our students’ data and keep sensitive information private.”

“Cyberattacks continue to grow in size, frequency, and complexity in critical U.S. institutions, including in America’s schools,” said Sen. Blackburn. “We must ensure that our education sector is equipped to address these threats and keep students’ personal information private. This bipartisan and bicameral legislation will improve the cybersecurity tracking system for schools and provide them with necessary training resources and best practices for prevention.”

“From ransomware to data breaches, cyberattacks targeting our K-12 schools are growing increasingly sophisticated and common, necessitating a robust response to keep our students and teachers safe,” said Rep. Matsui. “Cybercriminals are rapidly evolving their strategies to cause chaos and disruption, yet a lack of resources for our schools is forcing them to do more with less. The Enhancing K-12 Cybersecurity Act would establish a crucial roadmap to prepare our K-12 cyberinfrastructure for future attacks.”

“When I was working on the White House’s National Security Council, I witnessed firsthand how important it is to prioritize cybersecurity. With these crimes on the rise, it’s imperative that we provide our schools with the tools to keep students’ information secure,” said Rep. Nunn. “In the wake of the ransomware incident in January, I’m proud to work across the aisle to ensure our schools have the resources and training they need to protect students.”

Cyberattacks targeting schools are increasing in frequency and severity. These attacks have threatened students’ privacy and caused harmful classroom disruptions. According to the K-12 Cybersecurity Resource Center, from 2016-2021 there were over 1,300 publicly disclosed cyber incidents involving education organizations across all 50 states. These cyber incidents included ransomware, data breaches, and denial-of service attacks, among others.

Last September, the Federal Bureau of Investigation (FBI), the Cybersecurity and Infrastructure Security Agency (CISA), and the MultiState Information Sharing and Analysis Center (MS-ISAC) released a Cybersecurity Advisory outlining the significant cyber threat facing K-12 institutions, noting certain cybercriminals are “disproportionately targeting the education sector with ransomware attacks,” and that they anticipated increases in such attacks. As schools continue to expand the use of digital platforms to engage students, the Enhancing K-12 Cybersecurity Act provides additional resources to address cyber threats and protect personal information.

Specifically this bill:

• Directs the Cybersecurity and Infrastructure Security Agency Director to establish a Cybersecurity Information Exchange to disseminate information, best practices, and grant opportunities to improve cybersecurity.
• Establishes a Cybersecurity Incident Registry within CISA to track incidents of cyberattacks on elementary and secondary schools. Information submitted to the Registry is strictly voluntary and will help improve data collection to coordinate activities related to the nationwide monitoring of the incidence and financial impact of cyberattacks.
• Directs CISA to establish the K-12 Cybersecurity Technology Improvement Program to be administered through an information and analysis organization to deploy cybersecurity capabilities that will help address cybersecurity risks and threats to information systems of K-12 schools. This approach will capitalize on the existing services and expertise of organizations like MS-ISAC & others to ensure maximum impact of funds. The bill authorizes $10 million per year for FYs ‘24 & ‘25 to fund the Technology Improvement Program.

Full text of the Enhancing K-12 Cybersecurity Act is available here.

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and John Hoeven (R-ND) this week introduced legislation to support the research and development of unmanned aerial systems (UAS) technologies at the nation’s UAS test sites, including the site at Virginia Tech.

“Unmanned Aerial Systems have the potential to transform the way we manage disasters, maintain our infrastructure, administer medicine, tackle national security threats, and conduct day-to-day business,” said Sen. Warner. “UAS test sites, such as the one located at Virginia Tech, are crucial to the research and development of these technologies and I am glad to continue building on the progress we have made over the last decade.” 

“UAS play a crucial role in our country’s defense, and there is tremendous potential yet to be realized, benefiting our national security as well as our economy,” said Sen. Hoeven. “The UAS test sites, including the Northern Plains UAS Test Site in North Dakota, are at the center of our efforts to ensure these aircraft can be safely integrated into our national airspace. This legislation supports their ongoing work and dovetails with the new BVLOS waivers we recently secured for our test site, further strengthening North Dakota’s position in this dynamic industry.”

Specifically, this legislation:

• Extends the authorization for the Federal Aviation Administration’s (FAA) UAS test sites for an additional five years through 2028;
• Formally authorizes research grants through the FAA for the purpose of demonstrating or validating technology related to the integration of UAS in the national airspace system (NAS);
• Requires a grant recipient to have a contract with an FAA UAS test site;
• Identifies key research priorities, including: detect and avoid capabilities; beyond visual line of sight (BVLOS) operations; operation of multiple unmanned aircraft systems; unmanned systems traffic management; command and control; and UAS safety standards.

This legislation builds on Sen. Warner’s efforts to expand the domestic production of unmanned systems, including driverless cars, drones, and unmanned maritime vehicles and make Virginia a national leader in this growing sector. Earlier this year, he introduced the Increasing Competitiveness for American Drones Act, legislation that will clear the way for drones to be used for commercial transport of goods across the country. As Chairman of the Senate Intelligence Committee, he has led efforts in Congress to shore up U.S. national and cybersecurity against hostile foreign governments through unmanned air systems. Last month, Sen. Warner introduced legislation to prohibit the federal government from purchasing drones manufactured in countries identified as national security threats, such as the People’s Republic of China. 

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Specifically, Sen. Warner wrote to Sec. Blinken regarding the now-closed Online Passport Renewal (OPR) System, which received more than 500,000 requests from August 2022 to February 2023. The online system has been unable to keep up with demand, leaving travelers scrambling to replace their passports at the last minute. In addition to costly delays, many constituents who filed to renew their passports online are receiving little to no information on the progress being made with applications regardless of how well in advance of planned travel their requests were filed, leaving many in limbo waiting for their documents.

“In an increasingly online age, I welcome the ability for my constituents to renew their passports through a secure paperless process,” wrote Sen. Warner. “However, the OPR system seems to be fraught with significant errors that have caused Virginians headaches, stress, and unfortunately in some instances, delayed or missed travel. Simply put, the service my constituents have received is unacceptable.”

In his letter, Sen. Warner posed a series of questions to better understand how the State Department plans to address the backlog:

• How does the agency’s handling of passport applications submitted online differ from those that are filed through traditional processes, either by applying at a Passport Acceptance Facility in person or by U.S. Mail?
• How does the agency determine the assignment of OPR applications to their Passport Agencies across the country? How does this compare to the assignment of traditional applications received?
• What is the current average processing time of an application submitted through the OPR process compared to those submitted through the traditional process? Please indicate the processing time for applications submitted under both expedited and routine processing.
• Does agency data reflect that some Passport Agencies are more successful in processing OPR applications timely than others? If so, what does the agency believe is the source of this imbalance, and how is the agency addressing this problem?
• Members of my staff have been told by Passport Agency officials that “technical issues” can at times impede the processing of an OPR application and that officials must transfer the application into the traditional system for final processing. Can you further explain these technical issues and what steps the agency is taking to fix these issues?

Sen. Warner’s constituent casework team works daily to help Virginians with a variety of federal agency needs, including help with passport renewal. Constituents experiencing any problems with new passport applications or passport renewals through both online and traditional applications can reach out to Sen. Warner for assistance through his website, available here.

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

Dear Secretary Blinken:

I write today to express my concern and frustration with the State Department’s Online Passport Renewal (OPR) system. 

The OPR system opened to the public in a pilot status in August 2022, and the agency reports it received more than 500,000 applications before they system closed in February 2023. During that time, many Virginians participated in utilizing this system to submit their passport renewals. Since the start of 2023, my office has received a significant increase in requests from Virginians who are experiencing considerable delays in the processing of their renewal applications filed through the OPR system prior to its closure. In many cases, my constituents filed well in advance of their travel date and paid for expedited processing. That said, the applicants still faced delays and, in some cases, ultimately needed to physically travel to a Passport Agency, often the day before their scheduled travel, in order to have their passport issued.

In an increasingly online age, I welcome the ability for my constituents to renew their passports through a secure paperless process. However, the OPR system seems to be fraught with significant errors that have caused Virginians headaches, stress, and unfortunately in some instances, delayed or missed travel. Simply put, the service my constituents have received is unacceptable. Therefore, I ask that you please address the following questions:

My office has been told that the agency is experiencing “an unprecedented volume of early demand for passports this year.” I commend officials at Passport Agencies across the country for their tireless work in adjudicating millions of passport applications each year. However, it appears that the OPR system’s flaws are directly inhibiting this effort, and I look forward to understanding how the agency will address existing challenges and improve the system for future use.

Thank you.

Sincerely,

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 WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (Both D-VA) released the following statement ahead of the U.S. Senate’s first procedural vote on the Fire Grants and Safety Act, legislation to reauthorize grant programs for fire departments and firefighters, which is expected later today:

“Virginia’s fire departments play an essential role in supporting our communities and saving lives. We have a responsibility to make sure they have the resources they need to protect, recruit, and retain firefighters. For years, grant programs like those included in the Fire Grants and Safety Act have helped provide those resources. We look forward to voting for this legislation to make sure those grant programs continue, and will do everything else we can to support our brave firefighters and first responders.”

Specifically, the legislation would reauthorize the Assistance for Firefighters (AFG) and the Staffing for Adequate Fire and Emergency Response (SAFER) grant programs, both of which are set to expire in 2024. AFG grants are awarded to fire departments, state fire training academies, and emergency medical service organizations to help them meet the needs of their communities, by helping firefighters and first responders obtain critically needed equipment, protective gear, emergency vehicles, training and other resources necessary for protecting the public and emergency personnel from fire and related hazards.

So far in 2023, the following localities in Virginia received AFG awards to support their operations and safety upgrades:

• Isle of Wight County received $959,020
• The City of Alexandria received $600,000
• The City of Lynchburg received $830,636
• Franklin County received $438,238
• The Bland County Volunteer Fire Department, Inc. received $163,476
• The Scruggs Volunteer Fire Department and Rescue Squad, Inc. received $66,666

For the full list of 253 AFG grants awarded to Virginia communities since 2015, click here.

SAFER grants provide funding directly to fire departments and volunteer firefighter interest organizations to help them increase or maintain the number of trained “front line” firefighters available in their communities.

So far in 2023, the following localities in Virginia received SAFER grants to assist with recruitment and retention efforts:

• The City of Manassas Park received $3,582,866
• Rappahannock County received $561,617
• Goochland County received $556,972
• The Town of Chatham received $204,804
• Hanover County received $41,800
• Stephens City Fire And Rescue Company, Inc. received $21,068

For the full list of 72 SAFER grants awarded to Virginia communities since 2015, click here.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine released the following statement regarding the release of a Joint Economic Committee Democratic staff report outlining the devastating cost for Virginia of a potential debt default:

“No one wins when lawmakers play political games with a debt default. Every day that we don’t raise the debt ceiling inches us closer to catastrophic economic impacts that would be felt in every community in Virginia, including through higher mortgage payments and uncertainty for those relying on Social Security, Medicare, or veterans benefits. We will continue to urge our colleagues on the other side of the aisle to join us in protecting American families from the dangers of a default, and to stop holding our economy hostage.”

The report outlines how raising the debt limit is essential for the United States to continue to keep its promise to veterans, military personnel, and seniors and how a default would push up costs for families and small businesses and risk millions of jobs.

In Virginia specifically, the report estimates that even the threat of a debt default would increase monthly mortgage payments by an average of $151 per month, or approximately $54,000 over the course of a 30-year mortgage. Additionally, 1,598,000 Social Security recipients—whose monthly payments total over $2.5 billion—1,608,000 Medicare recipients, and 691,000 veterans in Virginia would be at risk of benefit disruption if the federal government does default on its debt.

In recognition of the additional risk shouldered by federal workers, whose incomes can be put in direct jeopardy by government shutdowns and a debt default, Warner and Kaine recently reintroduced the Federal Employee Civil Relief Act, legislation to protect federal workers and their families from foreclosures, evictions, and loan defaults during a government shutdown or debt default. The Federal Employee Civil Relief Act would enable government employees and contractors to postpone payment obligations during a shutdown or debt default and for 30 days afterward.

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WASHINGTON – Following the collapse of Silicon Valley Bank, U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Banking Committee, has announced that he is co-sponsoring legislation to ensure executives of failed banks are held accountable for mismanagement.

In the wake of the Silicon Valley Bank (SVB) collapse, the FDIC has acted to ensure workers and small businesses won’t have to pay the price for the bank’s mismanagement. However, before the bank failed, CEO Greg Becker sold a reported $3.6 million in SVB stock, potentially profiting off the impending demise of the very bank he managed, while other SVB employees received bonuses just hours before the government stepped in to close the bank.

The Deliver Executive Profits on Seized Institutions to Taxpayers (DEPOSIT) Act would hold executives of failed banks like SVB accountable for the mismanagement of the funds they were trusted with by allowing the Treasury Department to claw back bonuses and stock profits – ensuring they are held financially responsible and the burden of their actions does not land on the shoulders of consumers or taxpayers.

“Bank executives, shareholders, and bondholders should not profit from mismanagement,” said Sen. Warner. “This new bill will help ensure that those responsible for bank failures like that of Silicon Valley Bank are held accountable.”

The DEPOSIT Act would:

• Recoup from bank executives the bonuses and profits from stock sales made within 60 days of a bank failing;
• Impose a 90% tax on the bonuses of bank executives who make an annual income over $250,000 during the year when a bank goes under FDIC acquisition;
• Require bank executives to forfeit 100% of profits they made from recent bank stock trades;
• Direct the recouped funds to the FDIC insurance fund so that it can be returned to depositors and used to pay workers and small businesses that were impacted.

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The FBI’s new headquarters should be in Springfield

by Gov. Glenn Youngkin, Sen. Mark R. Warner & Sen. Tim Kaine

in the Washington Post

March 17, 2023

Glenn Youngkin, a Republican, is the governor of Virginia. Tim Kaine and Mark R. Warner, both Democrats, represent Virginia in the Senate. 

Virginia made its case to federal officials last week for Springfield to be the next home of the FBI. Though we come from different political parties, we are in lockstep on this issue. Politics should play no role when it comes to the security of the American people.

The FBI and the General Services Administration have laid out a specific set of five criteria for determining where the new FBI headquarters should go. We believe strongly that Springfield is the clear winner across the board.

Northern Virginia is home to a majority of the nation’s intelligence workforce and the largest population of cybersecurity companies and personnel on the East Coast — more than double the number in Maryland. During our presentation to the GSA, Adam Lee, a retired 22-year veteran of the FBI, shared his firsthand experience of how the terrorist attacks of Sept. 11, 2001, forced the bureau to work more closely with its sister intelligence agencies. With increasing collaboration needed to respond to national security threats rapidly, the Springfield site, situated near the Pentagon, the Central Intelligence Agency, the National Reconnaissance Office, the National Geospatial-Intelligence Agency and the Office of the Director of National Intelligence, is the premier site candidate.

Of the sites under consideration, Springfield is also the closest to the FBI’s Quantico location. This is significant because the FBI has said that proximity to this facility’s training academy and laboratory is critical for the bureau to meet its mission. According to the bureau’s own figures, over just a two-month period last summer, FBI personnel made about 1,700 trips to Quantico. This number doesn’t include the personnel who work at Quantico who made reverse trips to the current headquarters downtown or to one of the FBI’s other locations in the area. That’s thousands of person hours spent traveling between locations, making it easy to understand why proximity to Quantico is so important to the FBI.

Springfield also provides more travel choices and public transportation options than any other site under consideration. Though both Springfield and the Greenbelt site in Maryland are less than a 10-minute walk to Metro and commuter trains, the Springfield site provides roughly double the number of bus routes. Maryland has not made major improvements to its Beltway system in decades and just lost its partner in the effort to add express lanes to Interstate 270; Northern Virginia has already rebuilt its interstate network, investing more than $15 billion in these critical arteries.

As the only site under consideration already owned by the federal government, the Springfield site would cost less than the competitor sites in Maryland.

A more recent criterion includes advancing support for underserved communities. We applaud and embrace that objective.

As one of the most diverse communities in America, Northern Virginia has a lot to offer here, too. More than half of Springfield’s households speak a language other than English. Recruiting a diverse workforce helps the FBI better fulfill its national security mission: Officers from diverse backgrounds are uniquely qualified to understand cultural differences and bring diverse viewpoints to the many security challenges facing Americans.

Though Northern Virginia is often painted with a broad brush, tens of thousands of people in the area live below the federal poverty level, and tens of thousands of people still lack health insurance or a high school diploma.

By selecting Springfield, the administration would fulfill its commitment to advance diversity and economic opportunity.

We are confident that any objective evaluation of the transparent criteria laid out by the FBI and the GSA can lead to only one conclusion: The best home for the FBI is in Virginia.

WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, and Marsha Blackburn (R-TN) led a bipartisan group of senators in urging the Cybersecurity and Infrastructure Security Agency (CISA) to reevaluate the risks associated with the use of drones manufactured by Shenzhen DJI Innovation Technology Co., Ltd. (DJI), a company with deep ties to the Chinese Communist Party (CCP).

In 2022, DJI was officially identified as a “Chinese military company” by the Department of Defense following several warnings about its risks, including a 2017 intelligence bulletin warning that DJI was likely providing sensitive U.S. infrastructure and law enforcement data to the Chinese government. Despite this action, the use of DJI drones remains common throughout the country.  In 2021, it was reported that DJI controlled almost 90% of the consumer drone market in North America and over 70% of the industrial market. And in 2019, it was reported that 73% of public safety organizations are flying the company’s aircrafts.

“[T]he widespread use of DJI drones to inspect critical infrastructure allows the CCP to develop a richly detailed, regularly updated picture of our nation’s pipelines, railways, power generation facilities, and waterways,” the senators wrote in a letter to CISA Director Jen Easterly. “This sensitive information on the layout, operation, and maintenance of U.S. critical infrastructure could better enable targeting efforts in the event of conflict.”

CISA has previously taken action to warn against the purchase and use of DJI aircrafts. In 2019, CISA published an “industry alert” underscoring the federal government’s “strong concerns” with Chinese drones and warning entities to be “cautious” in purchasing them. However, since this alert more information regarding the severity of the threat has come to light, and the senators are asking for a complete analysis of the security risks posed by DJI drones to be conducted and made publicly available.

In addition to Sens. Warner and Blackburn, the letter was signed by Sens. Richard Blumenthal (D-CT), John Thune (R-SD) Jeanne Shaheen (D-NH), Rick Scott (R-FL), Kyrsten Sinema (I-AZ), Todd Young (R-IN), JD Vance (R-OH), Ted Budd (R-NC), Dan Sullivan (R-AK), Deb Fischer (R-NE), Mike Braun (R-IN), Cynthia Lummis (R-WY), Tommy Tuberville (R-AL), and Jerry Moran (R-KS).

Sen. Warner is a strong supporter of the domestic production of unmanned systems, including driverless cars, drones, and unmanned maritime vehicles. Earlier this year, he introduced the Increasing Competitiveness for American Drones Act, legislation that will clear the way for drones to be used for commercial transport of goods across the country. As Chairman of the Senate Intelligence Committee, he has led efforts in Congress to shore up U.S. national and cybersecurity against hostile foreign governments through unmanned air systems. Last month, Sen. Warner introduced legislation to prohibit the federal government from purchasing drones manufactured in countries identified as national security threats, such as the People’s Republic of China.

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

Dear Director Easterly:

We write today regarding the cybersecurity risks posed by the widespread use of drones manufactured by Shenzhen DJI Innovation Technology Co., Ltd. (“DJI”) to operators of critical infrastructure and state and local law enforcement in the United States. In short, we believe that given the company’s identified connections to the Chinese Communist Party (“CCP”), the use of its drones in such sensitive contexts may present an unacceptable security vulnerability. We ask that the Cybersecurity and Infrastructure Security Agency (“CISA”) evaluate this concern and make the results of its evaluation available to the public through the National Cyber Awareness System.

China’s efforts to modernize the capabilities of the People’s Liberation Army (“PLA”), including through their “Military-Civil Fusion” strategy – which systematically blurs the lines between PLA and civilian science and technology research and development efforts – are well documented. In October 2022, the Department of Defense identified DJI as a “Chinese military company” operating in the U.S. under Section 1260H of the William M. (“Mac”) Thornberry National Defense Authorization Act for Fiscal Year 2021. Identification of this relationship between DJI and the PLA suggests a range of risks to U.S. operators of the technology, including that sensitive information or data could wind up in PLA hands. Indeed, Huawei, another entity identified under Section 1260H, has been credibly accused by the Department of Justice of misappropriating intellectual property and trade secret information from U.S. companies.

Yet, despite these risks, the use of DJI drones remains widespread throughout the U.S. In 2021, it was reported that DJI controlled almost 90% of the consumer market in North America and over 70% of the industrial market. And in 2019, it was reported that 73% of public safety operations are flown by the company’s aircraft. As a result, the CCP may have access to a variety of proprietary information. For example, a 2017 Department of Homeland Security assessment warned that Chinese companies had used grape production information gathered by a DJI drone purchased by a California wine producer to inform their own land purchasing decisions. Even worse, the widespread use of DJI drones to inspect critical infrastructure allows the CCP to develop a richly detailed, regularly updated picture of our nation’s pipelines, railways, power generation facilities, and waterways. This sensitive information on the layout, operation, and maintenance of U.S. critical infrastructure could better enable targeting efforts in the event of conflict.

We appreciate that CISA has addressed this risk in the past, most notably in a 2019 “Industry Alert,” stating the federal government’s “strong concerns” with Chinese drones and warning entities to be “cautious” in purchasing them. However, over the past four years more information regarding the scope of the problem has become available—including the official identification of DJI as a Chinese military company by the Department of Defense.

We therefore ask that CISA revisit its analysis of the security risks posed by the use of DJI-manufactured drones and release the results of that analysis publicly through the National Cyber Awareness System. 

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