Press Releases

WASHINGTON – Today, Democrats on the Senate Intelligence Committee sent a letter demanding that the Department of Homeland Security (DHS) provide information to the Committee about the role that its Office of Intelligence and Analysis (I&A) has played in responding to the protests in Portland, OR. The letter was signed by Committee Vice Chairman Sen. Mark R. Warner (D-VA) and Sens. Dianne Feinstein (D-CA), Ron Wyden (D-OR), Martin Heinrich (D-NM), Angus King (I-ME), Kamala Harris (D-CA) and Michael Bennet (D-CO).

“We have grown increasingly concerned about the role and operations of the Department of Homeland Security, and the Office of Intelligence and Analysis (I&A) in particular, with regard to the protests in Portland, Oregon.  As a member of the Intelligence Community, I&A is obligated by statute to keep the congressional intelligence committees fully and currently informed of its operations.  Given the intense national as well as congressional interest in DHS activities related to protests in Portland and around the country, documents and other information related to I&A’s operations should be provided to the Committee pro-actively, and not merely in response to repeated requests or following revelations in the press,” wrote the Senators in the letter, which was addressed to Acting Under Secretary of Homeland Security for Intelligence and Analysis Brian Murphy.

The Senators posed a series of 25 questions to the Department, setting an August 6, 2020 deadline to reply:

1.      Of the I&A personnel deployed to, or otherwise who have been assigned to missions connected to the Portland protests, how many are analysts and how many are collectors?  What I&A mission centers do they work for?  What backgrounds and training do they have that are relevant to the Portland mission? 

2.      Has I&A employed any contractors for the Portland mission?  If yes, please describe their roles.

3.      Where have I&A personnel in Portland physically worked and with whom have they been co-located?

4.      Please provide a breakdown of the DHS components I&A personnel have supported and a description of the support provided to each such component.  To what extent does the chain of command of I&A personnel include those components, as opposed to I&A Headquarters?

5.      Please describe interactions and coordination between I&A personnel in Portland and state and local law enforcement and political authorities.

6.      Please describe interactions and coordination between I&A personnel in Portland and federal law enforcement, including elements of the Departments of Justice and Homeland Security.

7.      A July 9, 2020, I&A document describing “Portland Surge Operation” states that I&A personnel may “collect from incarcerated, detained, or arrested persons” so long as the collection is conducted overtly.  You stated during a briefing for Committee staff on July 23, 2020, that I&A personnel have not engaged in custodial debriefings.  Please confirm.  Have I&A personnel been indirectly engaged with detainee operations, for example, by providing collection requirements or requests, or suggested lines of questioning, to detaining authorities or otherwise requesting or receiving information related to detainees?

8.      You also stated during the July 23, 2020, briefing that I&A personnel have not interacted with protesters in any way.  Please confirm.

9.      During the July 23, 2020, briefing, you stated that I&A had neither collected nor exploited or analyzed information obtained from the devices or accounts of protesters or detainees.  Please confirm.

10.  Please describe I&A’s open source collection.  What rules of engagement apply to open source collection in the context of protests in which the vast majority of participants are exercising their First Amendment rights?  What rules or guidance does I&A follow to distinguish actual threats of violence or vandalism from political hyperbole, and what training do I&A personnel receive on the implementation of that guidance?

11.  What processes does I&A have to vet the authenticity of open source threat reporting?  What processes does I&A have to vet the authenticity of social media accounts in which individuals take credit for acts of violence or vandalism, on their own behalf or on behalf of an ideology?  How has this vetting been conducted prior to disseminating this information, or using it as a basis for analysis?

12.  Have I&A operations in connection with the Portland protests been reviewed by an I&A Intelligence Oversight Officer, DHS’s Privacy Office and Office for Civil Rights and Civil Liberties, or any other DHS personnel responsible for reviewing the impact of I&A operations on the privacy and civil liberties of U.S. persons?  If yes, please describe those reviews.

13.  The “Job Aid” document authorizes collection of information that “informs an overall assessment that threats to [law enforcement] personnel, facilities, or resources will materialize.”  The document includes a similar explicit authorization with regard to public monuments, memorials and statues.  Can I&A collect information on U.S. persons who are not threatening violence and, if so, under what circumstances?

14.  Has I&A conducted network analysis linking individuals suspected of violence?  If yes, please describe how that analysis has been conducted while not collecting on U.S. persons not suspected of violence?  Please provide any such analysis.

15.  During the July 23, 2020, briefing, you stated that I&A is able to track those who engage in violent acts because “it is the same people who come out after midnight.”  Please describe how I&A is able to differentiate between peaceful protesters exercising their First Amendment rights and those individuals who have planned or conducted acts of violence, and what information or intelligence is used in making this determination.

16.  Has I&A produced or contributed to targeting packages or dossiers on particular suspects?  If yes, please provide these to the Committee.

17.  On July 16, 2020, the FAA put in place flight restrictions over Portland to prevent drones from flying below 1000 feet.  The FAA cited a DHS conclusion that private drone use presented a threat.  Please provide any intelligence to support that conclusion.

18.  Have I&A personnel obtained or analyzed data from overhead surveillance of protests?  If yes, please describe.

19.  On July 25, 2020, you sent a memo to I&A personnel in which you stated that individuals in Portland committing acts of violence are “VIOLENT ANTIFA ANARCHIST INSPIRED (VAAI).”  Please describe the origin of this designation and the analytical process whereby it was developed and applied.

20.  Your July 25, 2020, memo stated that the VAAI designation was informed by FIRs, OSIRs, “baseball cards” and FINTEL.  Please provide these documents to the Committee.

21.  Please describe how I&A has applied its retention guidelines to information related to the Portland protests.  What information has been marked for indefinite retention?  How has I&A sought to apply its 180-day retention limitation to information it has disseminated?

22.  Please describe what I&A raw reporting has been disseminated to what entities, whether DHS, federal law enforcement, state or local or municipal law enforcement, or the Intelligence Community.

23.  Are there limits to I&A’s role in protecting public monuments, memorials or statues absent threat of violence to persons?  Does it matter whether such monuments, memorials or statues are on federal, state, local, or private property?

24.  What other cities has I&A deployed to, or plans to deploy to in response to protests or associated threats of violence?  Please provide any documentation or guidance related to any such deployments.

25.  According to press accounts, I&A disseminated Open Source Intelligence Reports on a journalist and a legal scholar who had written about I&A.  If that is accurate, provide those reports, a complete description of who they were disseminated to, and an explanation of the purpose and basis for the reports and their dissemination under law and I&A’s intelligence oversight guidelines, including with regard to the identification of any U.S. persons within them.

A copy of the letter is available here

 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) took to the Senate floor to request immediate passage of the States Achieve Medicaid Expansion (SAME) Act to allow states – including Virginia – to further benefit from expanding Medicaid, and to further incentivize states who have not yet expanded to do so. Immediately after Sen. Warner requested to pass the SAME Act by unanimous consent, Senate Republican objected and thereby blocked the immediate passage of this crucial legislation, which would have brought in additional federal Medicaid dollars for states during the greatest public health crisis in generations.

Sen. Warner’s request comes as the nation surpasses four million COVID-19 cases and Americans find themselves increasingly without health care after having lost their jobs and their employment-connected benefits.

“I can think of no better time to pass this legislation than right now, when more than 5 million Americans find themselves having lost their health care coverage in the last three months alone. In fact, some reports actually estimate that nearly 27 million Americans have lost their employer-sponsored health insurance and are now in jeopardy of becoming uninsured,” Sen. Warner said on the Senate floor. “Estimates show that if every state were to expand its Medicaid program, about 3 million additional Americans would have health care coverage. This is not a political argument nor a philosophical exercise – this legislation has a real-world impact and it’s clear that Americans want and need this legislation to pass.”

He continued, “Across our nation, Americans are making clear they want expanded access to health coverage – and Congress needs to listen. With all due respect to my Republican colleagues, you can’t say you want to help Americans in this devastating time and simultaneously oppose this bill, which would do just that. As we stand here in this chamber, we have the privilege of knowing that we and our families have access to the health care coverage we need. That if anything were to go wrong, we would be covered. So why shouldn’t we ensure that same access for more Americans?” 

The SAME Act would allow states like Virginia that expanded Medicaid after 2014 to receive the same full federal matching funds as states that expanded earlier under the terms of the Affordable Care Act. Under this legislation, the 14 states that have not expanded Medicaid would also be eligible for increased federal funds once they choose to expand the program. 

The Affordable Care Act provides financial support to states that have expanded their existing Medicaid programs to provide healthcare coverage to all individuals up to 138 percent of the federal poverty level. The federal government covers the full cost of expansion for three years, phasing down to a 90 percent match rate for the sixth year of the expansion and in subsequent years. Currently, states choosing to expand coverage after 2014 do not receive the same federal matching rates as those that expanded immediately. This is due to the Supreme Court’s holding in National Federation of Independent Business (NFIB) v. Sebelius, which made expansion optional for states, despite intentions to make Medicaid expansion national in 2014. The SAME Act would ensure that any states that expand Medicaid receive an equal level of federal funding for the expansion, regardless of when they chose to expand.

In his remarks, Sen. Warner noted the $14,000 median cost of a COVID-19-related hospitalization and stressed this cost could mean bankruptcy for the 30 million Americans without health insurance.  

“I know my colleagues on the other side of the aisle want to do right by their constituents and the millions of Americans that need help. So today, I ask you to come together to support the SAME Act,” stressed Sen. Warner. “No one should go bankrupt because they got sick and sought medical care. But more importantly, no one should go bankrupt when this legislative body has the opportunity to act. Let’s do the right thing here – put politics aside and pass this commonsense legislation.”

 

Sen. Warner’s floor remarks as originally prepared for delivery are available below:

Madam President, I rise today to talk about an issue that is weighing on too many American families right now, and that’s access to health care coverage. 

We’re in the midst of the greatest public health crisis in generations. And this unprecedented time calls for equally unprecedented action from this Congress.  

Today, I come to the floor to pass legislation I introduced along with Senator Doug Jones and several of our colleagues – legislation that could provide access to quality and affordable health care coverage for millions of Americans.

To be clear, the SAME Act is the bill I’ve been pushing for more than three years. This bill was a good idea before this pandemic, but the need for it has become even greater in light of the COVID-19 outbreak.

The SAME Act would ensure that states like Virginia – that have expanded their Medicaid programs to serve more Americans – can get their fair share of federal matching dollars. It would also incentivize additional states – who haven’t yet expanded Medicaid – to expand this critical program to millions more Americans. 

I can think of no better time to pass this legislation than right now, when more than 5 million Americans find themselves having lost their health care coverage in the last three months alone.

In fact, some reports actually estimate that nearly 27 million Americans have lost their employer-sponsored health insurance and are now in jeopardy of becoming uninsured.

My legislation would provide much-needed financial support to states that are seeing an increase in Medicaid enrollment, as folks face the fallout of this crisis. And for those millions of people, the SAME Act would provide a significant lifeline.

Estimates show that if every state were to expand its Medicaid program, about 3 million additional Americans would have health care coverage.

This is not a political argument nor a philosophical exercise – this legislation has a real-world impact and it’s clear that Americans want and need this legislation to pass. 

Take Oklahoma, for example. Just a few weeks ago, Oklahomans voted to expand their Medicaid program to provide broader access to coverage. We have seen similar actions from citizens in Utah, Maine, Idaho, and others. 

Across our nation – Americans are making clear they want expanded access to health coverage – and Congress needs to listen.

With all due respect to my Republican colleagues, you can’t say you want to help Americans in this devastating time and simultaneously oppose this bill, which would do just that.  

As we stand here in this chamber, we have the privilege of knowing that we and our families have access to the health care coverage we need. That if anything were to go wrong, we would be covered. So why shouldn’t we ensure that same access for more Americans? 

The median cost of a hospitalization due to COVID-19 is $14,000. For Americans without health insurance – the nearly 30 million and growing – that could mean losing their house or their car… It could mean bankruptcy. 

I know my colleagues on the other side of the aisle want to do right by their constituents and the millions of Americans that need help. So today, I ask you to come together to support the SAME Act.

No one should go bankrupt because they got sick and sought medical care. But more importantly, no one should go bankrupt when this legislative body has the opportunity to act.  

Let’s do the right thing here – put politics aside and pass this commonsense legislation. Thank you. 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-Va.) joined Sen. Chris Van Hollen, Dianne Feinstein (D-Calif.), Ron Wyden (D-Ore.) Bob Casey (D-Pa.), and Cory Booker (D-N.J.) wrote a letter to the Appropriations Committee leadership urging the Committee to include funding to modernize federal information technology within the next COVID-19 relief package.

The Senators begin, “As the Senate begins the process of negotiating and considering the next coronavirus pandemic relief supplemental appropriations bill, we urge you to include significant additional funding to modernize federal information technology (IT) systems through the Technology Modernization Fund (TMF).”

They go on to urge the need for updated federal IT in order to best serve individuals and businesses seeking help from federal agencies at this time. They write, “The federal COVID-19 response has dramatically exposed the failures of outdated, legacy federal IT systems and shone a light on the need for agencies to more quickly modernize their networks. For example, in its June 2020 report, the Pandemic Response Accountability Committee identified multiple agencies where IT systems struggle to accommodate large percentages of teleworking federal employees, causing system problems that slow the place of normal functions like claims processing, increasing security risk, and making telework inefficient and frustrating. In other cases, small business owners and citizens were deeply frustrated by poorly functioning claims systems.”

The Senators stress the relevance of the TMF to address current IT needs, stating, “Congress authorized the TMF specifically to rapidly advance projects that can have an impact quickly, subject to oversight of a board of experts and specific criteria. We should provide a major funding allocation to the TMF now for projects that will provide the bandwidth, security, and functionality needed to make teleworking federal workers just as productive at home as in the office, and for other urgent COVID-19 response needs...”

They conclude, “As you are aware, the HEROES Act, passed by the House of Representatives on May 15, 2020, included $1 billion for the TMF, to remain available until the end of Fiscal Year 2022. We urge you to include the same level of funding for TMF in the next COVID-19 supplemental spending bill to help address technology and related risks identified during the ongoing COVID-19 response.”

The full text of the letter is available here and below.

 

Chairman Shelby, Vice Chairman Leahy, Chairman Kennedy, and Ranking Member Coons:

As the Senate begins the process of negotiating and considering the next coronavirus pandemic relief supplemental appropriations bill, we urge you to include significant additional funding to modernize federal information technology (IT) systems through the Technology Modernization Fund (TMF).

Congress created the TMF in 2017 through the Modernizing Government Technology Act to help federal agencies rapidly execute IT modernization projects that meet specific criteria. The TMF is governed by an eight-member board of federal IT, financial management, and acquisition experts with significant transparency and ample opportunity for Congressional oversight, including periodic reports to Congress and submission of spending plans. Since 2018, the TMF has sponsored a range of IT system modernizations with specific benefits to citizen services and transitioning outdated systems to more modern platforms.

The federal COVID-19 response has dramatically exposed the failures of outdated, legacy federal IT systems and shone a light on the need for agencies to more quickly modernize their networks. For example, in its June 2020 report, the Pandemic Response Accountability Committee identified multiple agencies where IT systems struggle to accommodate large percentages of teleworking federal employees, causing system problems that slow the place of normal functions like claims processing, increasing security risk, and making telework inefficient and frustrating. In other cases, small business owners and citizens were deeply frustrated by poorly functioning claims systems. While some federal agencies are to be commended for heroic efforts to address these challenges using small amounts of funding in the CARES Act, their individual successes highlight the scale of the remaining needs.

Congress authorized the TMF specifically to rapidly advance projects that can have an impact quickly, subject to oversight of a board of experts and specific criteria. We should provide a major funding allocation to the TMF now for projects that will provide the bandwidth, security, and functionality needed to make teleworking federal workers just as productive at home as in the office, and for other urgent COVID-19 response needs such as scaling claims processing systems, improving the security of citizen information, enhancing fraud prevention, and addressing long-delayed and well documented enterprise legacy IT systems modernizations.

As you are aware, the HEROES Act, passed by the House of Representatives on May 15, 2020, included $1 billion for the TMF, to remain available until the end of Fiscal Year 2022. We urge you to include the same level of funding for TMF in the next COVID-19 supplemental spending bill to help address technology and related risks identified during the ongoing COVID-19 response.

Thank you for your consideration, and we look forward to working with you on this and other matters.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) urged President Trump to work with the Centers for Disease Control and Prevention (CDC) to create and deploy teams of epidemiologists to the immigration detention center in Farmville, Va., where nearly every detainee has contracted COVID-19. This disastrous situation comes despite repeated requests by Sens. Warner and Kaine, who have urged the Trump Administration time and time again to cease the transfer of detained individuals during the current public health crisis.

“In early June, despite the COVID-19 pandemic, ICE transferred over 70 detainees to Farmville ICA from COVID-19 hotspots in Florida and Arizona. Within two weeks of their transfer, more than half of these detainees tested positive for COVID-19. There are now 287 confirmed cases of COVID-19 amongst detainees, which is approximately 80% of the population housed at Farmville, and 26 confirmed cases amongst staff members,” wrote the Senators.

They continued, “The Farmville ICE facility and surrounding community now face a dire situation where almost every detainee at the Farmville facility has tested positive for COVID-19. This presents a clear risk to individuals within the facility, but also endangers the broader community as facility staff and released detainees have interaction with the general public.”

In the letter, the Senators requested that the Trump Administration bring teams of epidemiologists to Farmville to conduct an overall assessment of the situation at the immigration detention facility – a request that has been backed by Virginia Governor Ralph S. Northam. 

Sens. Warner and Kaine have repeatedly pushed this Administration to prevent and mitigate the spread of COVID-19 in Virginia detention facilities. In June, after a transfer that resulted in a spike of more than 50 COVID-19 cases at Farmville, the Senators urged the Department of Homeland Security (DHS) to prioritize the health of detainees and workers. Nearly a month later, with approximately 80 percent of the Farmville population testing positive for COVID-19, the Senators once again pressed ICE and DHS to stop transfers between facilities. They also posed a series of questions regarding the measures in place to safeguard the health of people in custody, staff members, and the community.

Full text of today’s letter is available here or below.

 

The Honorable Donald J. Trump

President of the United States

The White House

1600 Pennsylvania Ave., NW

Washington, D.C. 20500

Dear President Trump: 

On July 16, 2020, we sent a letter to Department of Homeland Security (DHS) Acting Secretary Chad Wolf and Immigration and Customs Enforcement (ICE) Acting Director Matthew Albence regarding the outbreak of the 2019 Novel Coronavirus (COVID-19) at the ICE detention facility in Farmville, Virginia.  Among other things, we asked Acting Secretary Wolf and Acting Secretary Albence to work with the Centers for Disease Control and Prevention (CDC) to create and deploy teams of epidemiologists to conduct an overall assessment of the situation at the Farmville facility.  We write today to reiterate that request, which Virginia Governor Ralph S. Northam also supported in a July 22, 2020 letter to you.

In early June, despite the COVID-19 pandemic, ICE transferred over 70 detainees to Farmville ICA from COVID-19 hotspots in Florida and Arizona. Within two weeks of their transfer, more than half of these detainees tested positive for COVID-19. There are now 287 confirmed cases of COVID-19 amongst detainees, which is approximately 80% of the population housed at Farmville, and 26 confirmed cases amongst staff members. 

The Farmville ICE facility and surrounding community now face a dire situation where almost every detainee at the Farmville facility has tested positive for COVID-19.  This presents a clear risk to individuals within the facility but also endangers the broader community as facility staff and released detainees have interaction with the general public.  It is incumbent upon your administration to work with the CDC to create and deploy teams of epidemiologists to conduct an assessment of the pandemic’s impact at the Farmville ICE facility. State and local officials stand ready to support the CDC in efforts to help contain the current outbreak before it spreads to the surrounding Farmville community.

We must prioritize the health and well-being of the detainees and staff at the Farmville ICE facility as well as the Farmville community. We appreciate your attention to these issues and look forward to working together to address the public health crisis at the ICA Farmville detention facility.

Sincerely,

Mark R. Warner and Tim Kaine

Cc: Dr. Robert Redfield, Director of Centers for Disease Control and Prevention 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued the following statement today in response to the release of the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act – the proposal put forward by the White House and Senate Republican leaders as a starting point for bipartisan, bicameral negotiations on another COVID-19 relief package:

“The Democratic House passed the HEROES Act ten weeks ago. Since then, the health and economic crisis has continued unabated. Millions of Americans are facing eviction or foreclosure; state and local governments are drowning in red ink; and 30 million Americans relying on unemployment to survive are facing the expiration of expanded benefits this week. Instead of taking urgently needed steps to address these problems, the White House and Senate Republican leaders have put forward a bill that fails to match the scale of the crisis or the needs of the American people. Instead, their proposal focuses on liability protections for businesses, as though that is our country’s most urgent challenge right now, and bizarrely includes money for a new FBI building in Washington, D.C. that has no connection to the current crisis and which the FBI neither wants or needs, having already spent millions planning for a new headquarters building in Virginia or Maryland.

“In our conversations with the Administration and our colleagues from both parties, we will be strongly advocating for a bill that funds critical priorities like healthcare and testing, rental and mortgage assistance, broadband access, child care, K-12 and higher education, job training, election security, hunger assistance, and help for communities of color that have been disproportionately hard-hit by the effects of COVID-19. The American people simply cannot afford for the Senate to waste any more time in addressing these urgent crises, and we are eager to work with anyone, Republican or Democrat, who is ready to do something about these serious challenges.” 

The U.S. House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act on May 15 by a vote of 208 - 199.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) and Sen. Richard Blumenthal (D-CT), along with Sens. Michael Bennet (D-CO), Mazie Hirono (D-HI), Angus King (I-ME), Bob Menendez (D-NJ), Kamala Harris (D-CA), Ed Markey (D-MA), Cory Booker (D-NJ), Tammy Baldwin (D-WI), Elizabeth Warren (D-MA), Amy Klobuchar (D-MN), and Dick Durbin (D-IL), sent a letter to Senate leaders urging them to include the Public Health Emergency Privacy Act in the next coronavirus relief package as negotiations between Senate Republicans and Democrats are underway. Inclusion of the legislation will help strengthen the public’s trust to participate in critical screening and contact tracing efforts to aid in the fight against COVID-19.

“As you begin negotiations on another coronavirus stimulus package, we write to urge inclusion of commonsense privacy protections for COVID health data. Building public trust in COVID screening tools will be essential to ensuring meaningful participation in such efforts. With research consistently showing that Americans are reluctant to adopt COVID screening and tracing apps due to privacy concerns, the lack of health privacy protections could significantly undermine efforts to contain this virus and begin to safely re-open – particularly with many screening tools requiring a critical mass in order to provide meaningful benefits,” the Senators wrote in a letter to Senate Majority Leader Mitch McConnell, Senate Minority Leader Chuck Schumer, and the Chairman and Ranking Member of the Senate Committee on Health, Education, and Labor.

According to a recent survey, 84 percent of Americans feel uneasy about sharing their personal health information for COVID-19 related mitigation efforts. Public reluctance can be attributed to a myriad of investigative reports and congressional hearings that have exposed widespread secondary use of Americans data over the years. The Senators noted that with the inclusion of their bill, Congress can establish commonsense targeted rules to ensure the collection, retention, and use of data by COVID screening tools are focused on combatting COVID and not for extraneous, invasive, or discriminatory purposes.

“Our urgent and forceful response to COVID-19 can coexist with protecting and even bolstering our health privacy. If not appropriately addressed, these issues could lead to a breakdown in public trust that could ultimately thwart successful public health surveillance initiatives. Privacy experts, patient advocates, civil rights leaders, and public interest organizations have resoundingly called for strong privacy protections to govern technological measures offered in response to the COVID-19 crisis. In the absence of a federal privacy framework, experts and enforcers – including the Director of the Bureau of Consumer Protection of Federal Trade Commission – have encouraged targeted rules on this sensitive health data. The Public Health Emergency Privacy Act meets the needs raised by privacy and public health communities, and has been resoundingly endorsed by experts and civil society groups,” the Senators continued.

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

 

Dear Leader McConnell, Leader Schumer, Chairman Alexander, and Ranking Member Murray,

As you begin negotiations on another coronavirus stimulus package, we write to urge inclusion of commonsense privacy protections for COVID health data. Building public trust in COVID screening tools will be essential to ensuring meaningful participation in such efforts. With research consistently showing that Americans are reluctant to adopt COVID screening and tracing apps due to privacy concerns, the lack of health privacy protections could significantly undermine efforts to contain this virus and begin to safely re-open – particularly with many screening tools requiring a critical mass in order to provide meaningful benefits. According to one survey, 84% of Americans “fear that data collection efforts aimed at helping to contain the coronavirus cost too much in the way of privacy.”

Public health experts have consistently pointed to health screening and contact tracing as essential elements of a comprehensive strategy to contain and eradicate COVID. Since the onset of the pandemic, employers, public venue operators, and consumer service providers have introduced a range tools and resources to engage in symptom monitoring, contact tracing, exposure notification, temperature checks, and location tracking. Increasingly, we have seen higher education institutions mandate the use of these applications for incoming students and employers mandate participation in these programs among employees.

Health data is among the most sensitive data imaginable and even before this public health emergency, there has been increasing bipartisan concern with gaps in our nation’s health privacy laws. While a comprehensive update of health privacy protections is unrealistic at this time, targeted reforms to protect health data – particularly with clear evidence that a lack of privacy protections has inhibited public participation in screening activities – is both appropriate and necessary.

Our legislation does not prohibit or otherwise prevent employers, service providers, or any other entity from introducing COVID screening tools. Rather, it provides commonsense and widely understood rules related to the collection, retention, and usage of that information – most notably, stipulating that sensitive data collected under the auspices of efforts to contain COVID should not be used for unrelated purposes. As a litany of investigative reports, Congressional hearings, and studies have increasingly demonstrated, the widespread secondary use of Americans’ data – including sensitive health and geolocation data – has become a significant public concern. The legislation also ensures that Americans cannot be discriminated against on the basis of COVID health data – something particularly important given the disproportionate impact of this pandemic on communities of color.

Efforts by public health agencies to combat COVID-19, such as manual contract tracing, health screenings, interviews, and case investigations, are not restricted by our bill. And the legislation would allow for the collection, use, and sharing of data for public health research purposes and makes clear that it does not restrict use of health information for public health or other scientific research associated with a public health emergency.

Our urgent and forceful response to COVID-19 can coexist with protecting and even bolstering our health privacy. If not appropriately addressed, these issues could lead to a breakdown in public trust that could ultimately thwart successful public health surveillance initiatives. Privacy experts, patient advocates, civil rights leaders, and public interest organizations have resoundingly called for strong privacy protections to govern technological measures offered in response to the COVID-19 crisis. In the absence of a federal privacy framework, experts and enforcers – including the Director of the Bureau of Consumer Protection of Federal Trade Commission – have encouraged targeted rules on this sensitive health data. The Public Health Emergency Privacy Act meets the needs raised by privacy and public health communities, and has been resoundingly endorsed by experts and civil society groups.

Providing Americans with assurance that their sensitive health data will not be misused will give Americans more confidence to participate in COVID screening efforts, strengthening our common mission in containing and eradicating COVID-19. For this reason, we urge you to include the privacy protections contained in the Public Health Emergency Privacy Act in any forthcoming stimulus package.

Thank you for your attention to this important matter.                                                                       

Sincerely,

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WASHINGTON – U.S. Senator Ben Cardin and Chris Van Hollen (Both D-Md.) and Mark R. Warner and Tim Kaine (Both D-Va.) are calling on Senate leadership to reject the Trump adminstration’s attempt to add funding for a downtown headquarters for the Federal Bureau of Investigation (FBI) into the latest COVID-19 relief package. The four senators urged that the language be removed from any COVID-19 legislation.

“The United States is in the midst of a public health crisis and an economic downturn. Addressing these related challenges requires us to work together to consider the ways Americans have been suffering during this pandemic and the many different sectors of our economy that have been impacted. Faced with this formidable task, the Administration’s request for nearly two billion dollars for a pet real estate project reveals a warped sense of priorities and further demonstrates its inability to formulate a plan to lead us forward,” the senators wrote in their letter to Senators Mitch McConnell, Chuck Schumer, Richard Shelby and Patrick Leahy.

“To make progress towards this common goal of providing our FBI agents with the facility they deserve, perhaps the Administration can answer the backlog of questions from Congress about why, at great cost to American taxpayers, it abandoned efforts to develop a new campus headquarters for the FBI, and it can cooperate with the ongoing Department of Justice Inspector General’s investigation into this conduct. These actions would be more productive than asking taxpayers to fund this proposal in an unrelated COVID-19 relief bill,” they added.

“We look forward to working with you on an effective relief package that provides essential support to American families, workers, and the economy.”

The full letter can be found at this link.

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WASHINGTON – Members of Congress representing the Delmarva region led a bicameral and bipartisan letter to the United States Department of Agriculture (USDA) highlighting the severe impacts COVID-19 is having on the seafood industry and requesting that USDA consider establishing a short-term purchasing program for shellfish products. The letter was signed by U.S. Senators Tom Carper and Chris Coons (D-Del.), Ben Cardin and Chris Van Hollen (D-Md.), and Mark Warner and Tim Kaine (D-Va.), and U.S. Representatives Lisa Blunt Rochester (D-Del.), Elaine Luria (D-Va.), Bobby Scott (D-Va.),  Rob Wittman (R-Va.), Steny Hoyer (D-Md.), Andy Harris, M.D. (R-Md.), John Sarbanes (D-Md.), Dutch Ruppersberger (D-Md.), and Anthony Brown (D-Md.). 

“The shellfish industry has been significantly impacted by the disruption in normal supply chains and these products are ideally positioned to aid USDA’s efforts to address food insecurity during this difficult time. We request that USDA consider establishing a short-term purchasing program for shellfish products, including farmed and wild-caught oyster and clam products, as part of AMS’s Section 32 authority,” wrote the members of Congress.

The full letter is available here.

“Delmarva and the Chesapeake Bay region’s seafood industries generate billions of dollars in economic activity and support tens of thousands of jobs throughout the region. In particular, clam and oyster operations across Delmarva and throughout the Chesapeake Bay region are important to local economies and help support regional seafood supply chains. Nearly 70 percent of all seafood consumed in the United States is sold at restaurants and hospitality venues. As restaurants were forced to close and continue to adhere to restrictions decreasing service capacity, our local seafood industries, many of which are small businesses, have suffered extreme losses due to substantial reductions in demand.“

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Washington, D.C. — U.S. Senate Select Committee on Intelligence Acting Chairman Marco Rubio (R-FL) and Vice Chairman Mark Warner (D-VA) made public newly declassified material as part of the report titled “Review of the Intelligence Community Assessment,” the fourth and penultimate volume in the Committee’s bipartisan Russia investigation. The newly declassified material comes as a result of recent Department of Justice (DOJ) and Office of the Director of National Intelligence (ODNI) disclosures. Rubio and Warner released the following joint statement:

“Recently, the ODNI and DOJ publicly released information relevant to the Committee’s bipartisan Russia investigation. As such, we asked them to reconsider the classification of parts of Volume 4 of the Committee’s bipartisan report, and today we are making public that newly declassified material.”

You can read the additional declassifications of “Volume IV: Review of Intelligence Community Assessment” here.

Read the Senate Intelligence Committee’s previous reports:

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) continued to seek answers from the National Park Service (NPS) regarding the killing of Fairfax County resident Bijan Ghaisar by U.S. Park Police (USPP) officers in 2017. For over two years, Sen. Warner has sought transparency into the circumstances surrounding the use of deadly force, the FBI’s review of the case, and the handling of the incident by the Department of the Interior.

“I am deeply disappointed in the lack of actual information provided in your letter, especially considering it took over seven months to receive a response to my original correspondence. The response and recent public comments made by the Department of the Interior raise some additional questions that require further clarification,” wrote Sen. Warner. “One specific aspect of NPS and USPP’s handling of the Bijan Ghaisar case that has not been adequately explained is the status of an internal affairs investigation related to the Park Police officers involved in the incident.”

In his letter, Sen. Warner pointed to contradictory comments from USPP regarding the status of an internal affairs investigation into the officers that were involved in the incident. In response, Sen. Warner requested answers to a number of questions regarding the Department of the Interior’s position on such an investigation: 

  1. Is the Park Service and the Park Police relying on written guidance within the USPP Internal Affairs Unit or elsewhere within NPS when claiming it is the position of the agency that it does not pursue internal affairs investigations while criminal investigations are ongoing or could potentially be forthcoming? If such written guidance exists, I request that you provide my office with a copy of this policy. If no such written policy exists, I ask that you provide a fulsome explanation as to how this became the current position of USPP and NPS, including the legal justification for the agency’s position on this matter. 
  1. Are there previous examples where the USPP Internal Affairs Unit has conducted an internal affairs investigation regarding the use of force by Park Police officers while outside civil or criminal investigations were ongoing or potentially forthcoming? If there are such instances, I request that you provide my office with documentation regarding these investigations and an explanation of how they differ from the situation regarding Mr. Ghaisar.
  1. In the updated USPP General Order on Use of Force policy (#3615), a section is included regarding the reporting of use of force incidents. In this section, it states that an officer “shall immediately report all uses of force beyond Cooperative or Contact controls to an immediate supervisor,” and that “[t]he supervisor shall submit a copy of all reports within 24 hours to the Commander, Office of Professional Responsibility (OPR), and the appropriate Division Commander through the appropriate chain of command.” It continues, “[t]he Commander, OPR, shall ensure all use of force incidents are properly investigated,” and provides the OPR Commander authority to assign the Internal Affairs Unit to conduct a thorough investigation of an incident if deemed necessary.[1]

    How do these new reporting requirements compare to the guidelines in place at the time of the Bijan Ghaisar incident? The updated guidelines appear to have no qualifications that would prevent the Internal Affairs Unit from conducting an investigation concurrently with any potential civil or criminal investigation associated with an incident pertaining to the use of force by a Park Police officer. Would these reporting requirements spelled out in the updated General Orders on Use of Force be subjected to USPP’s current stated policy that it does not initiate internal affairs investigations if a criminal investigation is possible, even if the OPR Commander determines an incident is worthy of an internal affairs investigation? 
  1. When the Fairfax County Commonwealth’s Attorney makes a formal decision of whether or not to bring criminal charges against the two Park Police officers involved in the shooting of Bijan Ghaisar, what is the anticipated timeline for the USPP Internal Affairs Unit to determine if any violations of USPP policy occurred?

In January of 2018, Warner, along with Sen. Tim Kaine (D-VA) and Rep. Don Beyer (D-VA), pushed the FBI for an update on the status of its investigation into the fatal 2017 shooting. In October of that year, Warner sent a letterto the head of the National Park Service (NPS) regarding the circumstances under which U.S. Park Police officers engaged with Mr. Ghaisar.

In June of 2019, Sen. Warner along with Sen. Chuck Grassley (R-IA) decried the opaque and drawn-out nature of the review in letters to both the FBI and NPS. Two months later, the FBI provided a brief response, leaving many questions unanswered. In October, NPS provided a partial response, which prompted a follow-up letter from the Senators seeking more information.

In November 2019, the Senators pledged to seek greater transparency and formally requested an FBI briefing on its investigation into the shooting – shortly after the FBI concluded its lengthy investigation without fully explain its findings, including why the two officers opened fire on Ghaisar. Earlier this year, Sen. Warner voted against the nomination of Katharine MacGregor to be Deputy Secretary of the Interior, and in May, announced that he would place a hold on future Department of the Interior nominees until he receives adequate responses to his questions surrounding the Park Service’s handling of the shooting.

A copy of today’s letter is available here and below.

 

July 24, 2020

The Honorable David Vela

Acting Director

National Park Service

1849 C Street NW

Washington, D.C. 20240 

Dear Acting Director Vela: 

Thank you for the letter, sent June 3, 2020, which aimed to respond to a letter Senator Grassley and I sent to you on November 1, 2019, that raised serious questions regarding the National Park Service’s (NPS) and United States Park Police’s (USPP) handling of the Bijan Ghaisar case. While I appreciate that you responded, I am deeply disappointed in the lack of actual information provided in your letter, especially considering it took over seven months to receive a response to my original correspondence. The response and recent public comments made by the Department of the Interior raise some additional questions that require further clarification.

One specific aspect of NPS and USPP’s handling of the Bijan Ghaisar case that has not been adequately explained is the status of an internal affairs investigation related to the Park Police officers involved in the incident. In response to my question regarding the status of a potential internal affairs investigation, you replied that “the National Park Service (NPS) does not typically comment on the substance or specific aspect of such reviews before they are complete,” and “[w]e can confirm that the Department has begun evaluating next steps in the context of pending cases and possible criminal action by the Fairfax County Prosecutor’s Office.” However, on May 20, 2020, a representative for USPP commented, “no internal affairs investigation of this case will begin until after a decision is made by Fairfax on filing criminal charges.”  While other questions remain surrounding the Department’s handling of Bijan’s shooting, I have a number of specific questions regarding the Department’s position on a potential internal affairs investigation.

1.           Is the Park Service and the Park Police relying on written guidance within the USPP Internal Affairs Unit or elsewhere within NPS when claiming it is the position of the agency that it does not pursue internal affairs investigations while criminal investigations are ongoing or could potentially be forthcoming? If such written guidance exists, I request that you provide my office with a copy of this policy. If no such written policy exists, I ask that you provide a fulsome explanation as to how this became the current position of USPP and NPS, including the legal justification for the agency’s position on this matter.

2.           Are there previous examples where the USPP Internal Affairs Unit has conducted an internal affairs investigation regarding the use of force by Park Police officers while outside civil or criminal investigations were ongoing or potentially forthcoming? If there are such instances, I request that you provide my office with documentation regarding these investigations and an explanation of how they differ from the situation regarding Mr. Ghaisar.

3.           In the updated USPP General Order on Use of Force policy (#3615), a section is included regarding the reporting of use of force incidents. In this section, it states that an officer “shall immediately report all uses of force beyond Cooperative or Contact controls to an immediate supervisor,” and that “[t]he supervisor shall submit a copy of all reports within 24 hours to the Commander, Office of Professional Responsibility (OPR), and the appropriate Division Commander through the appropriate chain of command.” It continues, “[t]he Commander, OPR, shall ensure all use of force incidents are properly investigated,” and provides the OPR Commander authority to assign the Internal Affairs Unit to conduct a thorough investigation of an incident if deemed necessary.  

How do these new reporting requirements compare to the guidelines in place at the time of the Bijan Ghaisar incident? The updated guidelines appear to have no qualifications that would prevent the Internal Affairs Unit from conducting an investigation concurrently with any potential civil or criminal investigation associated with an incident pertaining to the use of force by a Park Police officer. Would these reporting requirements spelled out in the updated General Orders on Use of Force be subjected to USPP’s current stated policy that it does not initiate internal affairs investigations if a criminal investigation is possible, even if the OPR Commander determines an incident is worthy of an internal affairs investigation? 

4.           When the Fairfax County Commonwealth’s Attorney makes a formal decision of whether or not to bring criminal charges against the two Park Police officers involved in the shooting of Bijan Ghaisar, what is the anticipated timeline for the USPP Internal Affairs Unit to determine if any violations of USPP policy occurred?

Thank you for your attention to the questions outlined above. Should you or your staff have any questions regarding this request, please contact my staff.

Thank you for your attention to this matter. I look forward to your response.

Sincerely,

 

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Washington, DC – Today, Speaker of the House Nancy Pelosi (D-CA), Senate Democratic Leader Chuck Schumer (D-NY), House Intelligence Committee Chairman Adam Schiff (D-CA), and Senate Intelligence Committee Vice Chairman Mark Warner (D-VA) issued a joint statement following the Office of Director of National Intelligence (ODNI) releasing an update on election security and foreign threats one hundred days before the election: 

“Almost exactly four years ago, we first observed the Russians engaging in covert actions designed to influence the presidential race in favor of Donald Trump and to sow discord in the United States.  Now, the Russians are once again trying to influence the election and divide Americans, and these efforts must be deterred, disrupted and exposed.

“The statement just released by National Counterintelligence and Security Center (NCSC) Director William Evanina does not go nearly far enough in arming the American people with the knowledge they need about how foreign powers are seeking to influence our political process. The statement gives a false sense of equivalence to the actions of foreign adversaries by listing three countries of unequal intent, motivation and capability together. The statement, moreover, fails to fully delineate the goal, nature, scope and capacity to influence our election, information the American people must have as we go into November. To say without more, for example, that Russia seeks to ‘denigrate what it sees as an anti-Russia 'establishment' in America’ is so generic as to be almost meaningless. The statement omits much on a subject of immense importance.

“In our letter two weeks ago, we called on the FBI to provide a defensive briefing to the entire Congress about specific threats related to a concerted foreign disinformation campaign, and this is more important than ever.  But a far more concrete and specific statement needs to be made to the American people, consistent with the need to protect sources and methods.  We can trust the American people with knowing what to do with the information they receive and making those decisions for themselves. But they cannot do so if they are kept in the dark about what our adversaries are doing, and how they are doing it.  When it comes to American elections, Americans must decide.”

 

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine (D-VA) joined Senators Jeff Merkley and Ron Wyden to introduce the Preventing Authoritarian Policing Tactics on America’s Streets Act, which would block the Trump Administration from deploying federal agents as paramilitary forces against Americans. The action comes after a week in which heavily armed federal forces without uniform identification in unmarked vehicles have been grabbing protesters off the street in Portland, Oregon. Those forces have deployed munitions and tear gas against protesters. 

“What we’ve seen in Portland these last two weeks is an outrage and should never be accepted in the U.S.,” the Senators said. “President Trump is using completely unjustified and unconstitutional intimidation tactics against American citizens over the objections of state and local officials. This bill makes it clear that unidentified officers cannot trample on the constitutional rights of peaceful protesters.”

Specifically, the legislation would:

  1. Require individual and agency identification on uniforms of officers and prevent unmarked vehicles from being used in arrests.
  2. Limit federal agents’ crowd control activities to federal property and its immediate vicinity, unless their presence is specifically requested by both the mayor and governor.
  3. Require disclosure on an agency website within 24 hours of deployments specifying the number of personnel and purposes of deployment.
  4. Make arrests in violation of these rules unlawful.

The bill was also introduced as an amendment to the National Defense Authorization Act. Senator Kaine previously introduced a successful NDAA amendment to prevent the use of military funds or personnel against American citizens exercising their First Amendment rights.

The full text of the Senate NDAA amendment can be found here.

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Washington, D.C. — Senate Select Committee on Intelligence Acting Chairman Marco Rubio (R-FL) and Vice Chairman Mark Warner (D-VA) applauded the passage of the Intelligence Authorization Act for Fiscal Year 2021 (IAA) as part of the Fiscal Year (FY) 2021 National Defense Authorization Act. The bill, which was approved by the Committee on a bipartisan 14 - 1 vote on June 3, 2020, authorizes funding, provides legal authorities, and enhances Congressional oversight for the U.S. Intelligence Community.

“Last month, the Senate Intelligence Committee passed the IAA for Fiscal Year 2021 in overwhelming bipartisan fashion, and I applaud my Senate colleagues for supporting this critical legislation as part of the FY 2021 NDAA,” Acting Chairman Rubio said. “Our nation continues to face ever-expanding threats from hostile foreign actors, including China, Russia, Iran, and North Korea. It is vital that our Intelligence Community has the necessary resources, authorities, and personnel to protect America’s national security, and the Senate Intelligence Committee’s strong, bipartisan legislation does just that. Our bill also increases government efficiency and represents comprehensive Congressional oversight to ensure that these tools are executed responsibly and cost-effectively.” 

"I am proud to represent many of the men and women in the intelligence community who work every day to make our nation safer, and this bill furthers our bipartisan efforts to help them accomplish their mission,” Vice Chairman Warner said. “I am particularly pleased with the additional reforms we have made to the security clearance process, which continues a multi-year effort to bring that system into the 21st century. I would thank Acting Chairman Rubio and Senator Burr for working closely with me on this bill."

Background:

The IAA for Fiscal Year 2021 ensures that the Intelligence Community can continue its critical work for our country while Congress continues its oversight, including in the following key areas:

  • Confronting our adversaries’ attempts to compromise telecommunications and cybersecurity technology;
  • Development and deployment of secure 5G networks based in open-standards to compete with our adversaries;
  • Identifying corruption, influence operations, and information suppression by the Chinese government, in particular in this critical time for the people of Hong Kong;
  • Uncovering Russian and Eastern European oligarchs’ corruption and illegal activities;
  • Protecting against foreign influence threats and election interference on social media platforms;
  • Creating Intelligence Community-wide policies to facilitate sharing cleared contractor information with private companies to enhance the effectiveness of insider threat programs;
  • Requiring the publication of guidelines for granting, denying, or revoking a security clearance and preventing the revocation or denial of a clearance for reasons of discrimination, political beliefs, or retaliation; and
  • Advancing Intelligence Community hiring flexibilities, student loan repayment programs, and child care for IC personnel.

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement after the Senate approved the FY21 National Defense Authorization Act (NDAA):

“I’m pleased that the defense bill I voted for provides a 3 percent pay raise for our servicemembers in addition to supporting many critical priorities for the Commonwealth. The legislation authorizes $240 million in military construction projects throughout Virginia and funds advance procurement for a second Virginia-class submarine to support our nation’s military readiness – something I pushed for after it was originally excluded from the President’s defense budget,” said Sen. Warner.

After successfully passing into law reforms to fix the deplorable housing conditions in privatized military housing across the Commonwealth, I have been keeping the pressure up to ensure servicemembers and their families can feel safe in their homes. I’m pleased to report that the defense bill includes language to help guarantee that the private housing companies and the military services meet their obligations,” Sen. Warner said. But our work to ensure our servicemembers feel safe also extends to their time on-duty. That’s why I successfully pushed for a provision mandating reporting on instances of racism and discrimination that our men and women in uniform may encounter while serving our country, and why I’ve been outspoken about giving our military leadership the tools and information they need to combat these destructive biases.”

“And after pushing the Administration for years to extend benefits to Vietnam veterans suffering from health conditions associated with their exposure to Agent Orange, I commend my colleagues for joining me in successfully pushing to add Bladder Cancer, Hypothyroidism, and Parkinsonism to the Department of Veterans Affairs’ (VA) list of service-connected presumptive conditions related to Agent Orange exposure,” continued Sen. Warner, who has repeatedly urged the Trump Administration to stop stonewalling critical benefits to Vietnam veterans suffering from health conditions associated with their exposure to Agent Orange.

In March, a U.S. Government Accountability Office (GAO) study found deficiencies in the Department of Defense’s (DoD) oversight of privatized military housing, concluding that the DoD lacked reliable information to provide a full picture of the conditions of privatized housing. Currently, the military departments use a range of project-specific performance metrics to monitor private housing companies’ performance. However, the metrics used, while designed to focus on resident satisfaction and on the quality of the maintenance conducted on housing units, do not always provide meaningful information or reflect actual housing conditions. For example, the GAO found that a common indicator is how quickly the private partner responded to a work order, rather than whether the issue was actually addressed. Ultimately, these metrics matter because they feed into decisions around whether privatized housing companies earn performance incentive fees.

To improve this gap in housing condition metrics, Sen. Warner’s provision in the defense bill requires that the military services review the indicators underlying the privatized housing project performance metrics to ensure they adequately measure the condition and quality of the home. Additionally, the provision requires the Secretary of Defense to publish in DoD’s Military Housing Privatization Initiative Performance Evaluation Report underlying performance metrics for each project, in order for Congress to provide effective oversight. 

In the wake of nationwide protests on racial injustice and reports of growing white nationalist extremism, Sen. Warner pushed to mandate reporting on whether servicemembers have faced “racist, anti-Semitic, or supremacist activity” while on duty. Sen. Warner’s bipartisan amendment builds upon an existing DoD requirement to include in appropriate surveys more detailed information on whether military personnel “have ever experienced or witnessed [or reported] extremist activity in the workplace.” Additionally, in an effort to create a more inclusive and diverse workforce within the Pentagon, Sen. Warner successfully included a provision that would require the Government Accountability Office (GAO) to do a diversity and inclusion study to analyze the makeup of the workforce, as well as differences in rates of promotion by race, ethnicity and gender, to help develop a stronger and more diverse pipeline of career professionals.

Warner, the Vice Chairman of the Senate Select Committee on Intelligence, also applauded the inclusion in this year’s defense bill of the Intelligence Authorization Act (IAA), as well as his legislation to bolster America’s 5G capabilities and secure the semiconductor supply chain. Additionally, the Senate NDAA includes Vice Chairman Warner’s amendment to provide a secure Sensitive Compartmented Information Facility (SCIF) space for flexible use across the intelligence community, DoD agencies and their contractors. Currently, each agency's SCIF space can only be used by its own personnel and contractors, leaving many secure spaces underutilized.

“This bill also makes critical investments in competing with China when it comes to next-generation 5G wireless technology by providing funding and a model for alternative, Western-driven innovation using an open-architecture, or Open-RAN, model,” said Warner, who co-founded the wireless company Nextel before entering public service. “I’m also pleased that Congress recognizes the need to secure our supply chain and bolster domestic manufacturing of semiconductors.”

The defense bill prioritizes U.S. innovation and technology development in the area of 5G and semiconductors, to compete with countries like China. As a former technology and telecommunications executive, Sen. Warner has pushed the Administration to develop a strategy to maintain our advantages in technological innovation, as well as to lead on 5G. Earlier this year, Sen. Warner teamed up with a bipartisan group of leading national security Senators to introduce the Utilizing Strategic Allied (USA) Telecommunications Act, a bill that would provide a $1 billion investment in Western-based alternatives to Chinese equipment providers such as Huawei and ZTE. Last month, Sen. Warner along with Sen. John Cornyn (R-TX) introduced legislation to bring semiconductor manufacturing back to American soil by increasing federal incentives to stimulate advanced chip manufacturing, enable cutting-edge research and development, secure the supply chain, bring greater transparency to the microelectronics ecosystem, create American jobs, and ensure long-term national security. Language drawing on both proposals was included in the Senate-passed NDAA.

And while I’m glad this bill includes most of the Intelligence Authorization Act as it passed the Committee last month, with just 103 days until the presidential election, I am deeply disappointed that the Senate has failed to take one easy step to protect our democracy. By stripping the FIRE Act from this year’s defense bill, we’re essentially giving a green light to campaigns to accept foreign assistance,added Sen. Warner.

As the Vice Chairman of the Senate Select Committee on Intelligence, Sen. Warner pushed to include the Committee’s annual Intelligence Authorization Act (IAA) within the annual defense bill. The IAA includes several key priorities, including a bipartisan provision championed by Sen. Warner to protect the integrity of the security clearance process from being abused for political purposes, and to enhance contractor insider threat programs.

Sen. Warner’s legislation, the FIRE Act, which would require campaigns to report to the appropriate federal authorities any contacts from foreign nationals seeking to interfere in a presidential election, was included in the Committee-passed version of the IAA that passed on June 30. However, Senate Republicans forced the provision to be dropped from the bill before adding it to the NDAA. In addition, Senate Republicans stripped critical protections for whistleblowers who step forward to report wrongdoing within the intelligence community.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) introduced legislation to prevent the Trump Administration from reducing or redirecting education funding for schools that determine they cannot safely reopen for in-person instruction in the fall. This bill comes as the Trump Administration continues to pressure education leaders to fully reopen schools by threatening to cut education funding.

“The decision to reopen schools should be informed by local health figures and determined by community health officials, parents and teachers,” said Sen. Warner. “Instead of working to support such efforts during this global pandemic, President Trump and Education Secretary Betsy DeVos are blindly pressuring schools all across the country to make decisions that may put students, teachers, and families at risk. This bill makes it clear that the Administration has no legal authority to cut critical education funding during the COVID-19 crisis.”

Specifically, the legislation prohibits the promulgation of any federal regulation, guidance, or policy that requires in-person instruction during this public health crisis. It clarifies that the Secretary of Education cannot compel in-person instruction during an emergency as declared by a federal, state, or local authority, with respect to COVID-19. The bill would apply to any program for which the Secretary of Education has administrative responsibility under the General Education Provisions Act.

Sen. Warner has continued to be a strong advocate for education during the COVID-19 crisis. In May, he joined his Senate colleagues in introducing a bill to ensure K-12 students have adequate home internet connectivity and devices so that they may participate in online learning during this health crisis. He has also repeatedly advocated for robust funding and distance learning resources for K-12 students.

Full text of the bill is available here.

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WASHINGTON – Following a continuous push from U.S. Sen. Mark R. Warner (D-VA) to get the life-saving Ashanti Alert system implemented across the country, the Bureau of Justice Assistance (BJA), a component within the Department of Justice (DOJ), held a national webinar today to encourage states to integrate the Ashanti Alert within their existing statewide alert systems. Sen. Warner sent a letter to Governors across the country inviting their law enforcement officials to participate in the webinar and learn how they can begin to implement this critical program. During the webinar, the BJA announced they will make $1 million in technical assistance available to facilitate and expedite the development of statewide Ashanti Alert programs. The application process for the federal funding will be available beginning tomorrow, Friday, July 24. 

“Today’s national webinar on the Ashanti Alert system took an important step forward in getting states more information on this life-saving tool,” said Sen. Warner. “The input by Virginia state officials during today’s discussion underscores how this alert system can effectively assist in the search of a missing individual. It’s my hope that states across the country will apply to the pilot program and implement this tool into their existing networks in an effort to save lives and pay tribute to Ashanti, a young Virginian who was taken from her family too soon.”

“On behalf of Ashanti Markaila Billie, ourselves the parents and the entire Billie family, we extend our thanks to Senator Warner and the Department of Justice. Through their diligence and dedication to the Ashanti Alert, we are now seeing the first fruits of our labor in implementation,” said Meltony and Brandy Billie, parents of Ashanti Billie. “Today’s training webinar marks a milestone towards final implementation. We look forward to the continued progress of the Ashanti Alert and its potential to save American lives.”

The Ashanti Alert Law is named after Ashanti Billie – a 19-year-old whose body was discovered in North Carolina, 11 days after she was first reported missing in Norfolk, Va. At the time of Ashanti’s abduction, she was too old for an AMBER Alert and too young for a Silver Alert. Once implemented, the Ashanti Alert would notify the public about missing or endangered adults, ages 18-64, and assist law enforcement in the search by way of a national communications network.

At Sen. Warner’s urging, DOJ has been working with Virginia state officials on the Ashanti Alert implementation, which today gave way to a presentation by Virginia state officials on how the Ashanti Alert system has successfully worked in the Commonwealth. In April 2018, Virginia passed its own legislation to create an Ashanti Alert network and the first alert was issued in July 2018 – three months after it was signed into law by Governor Northam. Since its implementation, Virginia has successfully issued ten Ashanti Alerts in the Commonwealth. 

“Today’s webinar culminates several years of intense labor dedicated to raising the awareness of missing adults between age of 18 and 64 years old in the US and Indigenous territory’s. We are most thankful that the precious life of Ashanti will serve to save many for many years to come,” said Michael J. Muhammad, a representative for the Billie family, who provided background during the webinar on the need to close the gap in the existing missing persons system.  

Sen. Warner, who secured unanimous passage of this national alert system through the Senate on December 6, 2018, has been a leader in the fight to implement the Ashanti Alert nationwide. In August, he reiterated the need for the alert’s swift implementation, following a meeting with Ashanti Alert Coordinator, DOJ Principal Deputy Assistant Attorney General Katherine Sullivan.

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WASHINGTON, D.C. – U.S. Sen. Mark R. Warner (D-Va.) joined Sens. Bob Menendez (D-N.J.), Ben Cardin (D-Md.) and group of Senate colleagues in introducing the COVID-19 Health Disparities Action Act to address the disproportionate impact of COVID-19 on communities of color. The bill would require  targeted testing, contract tracing, public awareness campaigns and outreach efforts specifically directed at racial and ethnic minority communities and other populations that have been made vulnerable to the COVID-19 pandemic.

“COVID-19 has had a particularly devastating impact on racial minorities across America,” said Sen. Menendez. “The fact is black and brown Americans suffer higher rates of chronic disease, inequitable access to health care, fewer economic opportunities, and in some cases real language barriers. Add to that the lack of testing, tracing and education efforts by the Trump Administration targeting communities of color during this pandemic and the impact is deadly. The COVID-19 Health Disparities Action Act would create a much needed plan of action specifically designed to address this issue at the federal, state and local levels.”

“COVID-19 has disproportionately impacted communities of color and the Trump administration’s response has failed to address the needs of these vulnerable populations,” said Sen. Cardin. “Health disparities for people of color is rooted in systemic racism, racial discrimination, and record-high levels of income inequality. The COVID-19 Health Disparities Action Act will ensure that future public health response efforts, including testing, contact tracing, and potential vaccine distributions are tailored for diverse communities. Our bill will help racial and ethnic minorities in the ongoing fight against this pandemic, and will help inform future reform efforts to reverse long-standing systemic racism in medical research, testing and delivery of care.”

According to the COVID Racial Data Tracker, the pandemic has a disproportionate impact on communities of color. Nationwide, African Americans are dying from COVID-19 at approximately 2.5 times the rate of white people. American Indian, Alaska Native, Hispanic, and Asian American communities are also facing disproportionate rates of COVID-19.

In New Jersey, 21.3 percent of COVID-19 deaths involve African Americans, although they make up just 14 percent of the state’s population. Hispanics account for 25.7 percent of COVID-19 cases despite making up 20.6 percent of the state’s population.

In Maryland, 40.6 percent of COVID-19 deaths involve African Americans, although they make up 30 percent of the state’s population. Hispanics account 25.9 percent of COVID-19 cases despite making up just 10 percent of the state’s population.

The bill is supported by Families USA, the National Hispanic Medical Association (NHMA), the National Alliance against Disparities in Patient Health (NADPH) the Friends of the National Institute on Minority Health and Health Disparities (NIMHD), the National Council of Urban Indian Health (NCUIH) and UnidosUS.

“Families USA thanks Senator Menendez and Senator Cardin for their leadership at such a critical time in our country and for championing health equity. The COVID-19 Health Disparities Action Act of 2020 centers the needs of historically marginalized communities who have been disproportionately impacted by COVID-19,” said Amber A. Hewitt, Ph.D., Director of Health Equity, Families USA. “This bill addresses the need for complete and accurate data collection on COVID-19 health outcomes, to better inform and tailor testing and contact tracing efforts, and eventually equitable distribution of a COVID-19 vaccine, which will be dependent upon culturally and linguistically appropriate messaging. This pandemic has not only exacerbated disparities in health and health care outcomes, but also health inequities, which are unjust and avoidable.”

“Latino communities continue to have high rates of infections, hospitalizations, and deaths from COVID-19. NHMA strongly supports the COVID-19 Health Disparities Action Act because it will support targeted strategies to reduce health disparities for COVID-19 and future public health emergencies,” said Elena Rios, MD, MSPH, FACP, President & CEO of the National Hispanic Medical Association.

“As the impact of COVID-19 health disparities has shown all too well, whether from a public health or an economic perspective, the effect of health disparities is a National crisis,” said Alex J. Carlisle, Ph.D.; Founder, Chair, & CEO, National Alliance against Disparities in Patient Health (NADPH). “By allocating resources to the communities most severely impacted by COVID-19, and the agencies and stakeholders with recognized and demonstrated commitments to serving these communities, the COVID-19 Health Disparities Action Act of 2020 provides the National leadership and response needed to help our Nation overcome this crisis.” 

The COVID-19 Health Disparities Action Act would:

  • Require the Trump Administration to develop an action plan to address the disproportionate impact of COVID-19 among racial and ethnic minority, rural, and other vulnerable populations.
  • Require states to revise testing and contact tracing plans to address racial and ethnic minority, rural, and other vulnerable populations experiencing health disparities related to COVID-19.
  • Authorize the development of targeted public awareness campaigns about COVID-19 symptoms, testing, and treatment directed at racial and ethnic minority, rural, and other socially vulnerable populations disproportionately impacted by COVID-19.
  • Ensure that federally funded contact-tracing efforts are tailored to the racial and ethnic diversity of local communities.  

Joining Sens. Warner, Menendez and Cardin as co-sponsors of the legislation are Sens. Elizabeth Warren (D-Mass.), Chris Van Hollen (D-Md.), Ed Markey (D-Ore.), Tina Smith (D-Minn.), Cory Booker (D-N.J.), Catherine Cortez Masto (D-Nev.), Jeff Merkley (D-Ore.), Mazie K. Hirono (D-Hawaii), Bernie Sanders (I-Vt.), Jeanne Shaheen (D-N.H.), Richard Blumenthal (D-Conn.), Jacky Rosen (D-Nev.), Kamala Harris (D-Calif.), Maggie Hassan (D-N.H.), and Amy Klobuchar (D-Minn.).

“We’ve seen that communities of color all over the country have been disproportionately affected by this pandemic. In many cases, these disparities have been exacerbated by factors like overrepresentation in front-line jobs, higher rates of chronic health conditions, inequitable access to health care, and bias within the health care system itself. That’s why we need to be doing everything possible to make sure the hardest hit communities have access to the targeted tools they need to respond to the COVID-19 crisis,” said Sen. Mark R. Warner.  

“Structural racism continues to plague our country, and its impact can be seen in the pandemic’s disproportionate toll on Black and Latino neighborhoods and in Indian Country,” said Sen. Warren. “Addressing the public health impacts of systemic racism must be at the very heart of the federal government's response to this pandemic, and that starts with quickly passing the COVID-19 Health Disparities Action Act.”

“COVID-19 has ravaged communities of color in Maryland and throughout our country. This pandemic has laid bare the deep-seated health and socioeconomic inequities that many Black and Latino Americans face and their deadly impacts. As they experience higher rates of COVID-19 and are disproportionately working on the front lines of the COVID response, it is unacceptable that the Trump Administration has no plan to tackle this crisis. Our bill will concentrate resources where they’re needed most and ensure that our response to COVID-19 is tailored to best reach these communities,” said Sen. Van Hollen.

“The coronavirus pandemic is a public health and economic crisis without precedent in our lifetimes, and it is abundantly clear that this virus has not only exposed, but also exacerbated, the deep, structural racial inequalities that have been taking the lives and livelihoods of people of color and Black Americans in particular for centuries,” said Sen. Booker. “Our bill seeks to create a much-needed national strategy for addressing the deadly disparities exacerbated by COVID-19 and any future public health crises by directing resources that are accessible and responsive to the communities that need them the most.”    

“Growing data on COVID-19 is making one thing clear: communities of color are being disproportionately affected by this pandemic,” said Sen. Cortez Masto. “Many are frontline workers who don’t have the luxury of working from home and for those who live in multigenerational homes, social distancing is nearly impossible. We cannot hope to get ahead of the curve without addressing the racial inequities that exist in how COVID-19 spreads and how we respond. This bill does exactly that by developing a different approach to COVID-19 to address the health disparities that exist in our communities.”

“The COVID-19 pandemic has laid bare the grim reality of persistent disparities in our health care system. Nationwide, racial and ethnic minorities have experienced higher rates of infection and worse health outcomes, and in Hawaii, our Pacific Islander community has been disproportionately impacted by the virus,” said Sen. Hirono. “This legislation takes important steps to address COVID-19 health disparities with a clear strategy to tailor testing, contact tracing, and outreach to communities of color.”

“COVID-19 has taken a particularly devastating toll on communities of color while the administration has failed at remedying this tragedy,” said Sen. Blumenthal. “I’m proud to co-sponsor this legislation to help address existing health disparities which have acutely exacerbated this crisis. This bill will ensure a robust investment in a public health approach tailored to communities of color and help combat deeply-rooted racism in medical research and the health care delivery system, strengthening our public health system for generations to come.”

“Longstanding inequities have caused communities of color to be disproportionately affected by the coronavirus,” said Sen. Rosen. “In Nevada, our state’s Latino population is being devastatingly impacted at a higher rate from COVID-19 than any other group. This legislation will help address racial and ethnic health disparities by increasing testing, contact tracing, and outreach to our most affected communities. We must take concrete steps to overcome these health inequalities now and for the future. I will continue working to protect the well-being of all Nevadans.”

“People of color represent 10 percent of New Hampshire’s population, but 25 percent of our COVID-19 cases – and similar health care disparities have existed for far too long,” Sen. Hassan said. “I recently spoke with public health leaders in New Hampshire about the racial disparities in health care outcomes and this legislation is a good first step to help address these unacceptable inequities in our health care system.” 

Earlier this year, Sen. Menendez called on the Trump Administration to do more to help minority communities that are seeing a disproportionately higher impact from the COVID-19 pandemic, and also urged pharmaceutical companies to include patients from diverse backgrounds in clinical trials for a COVID-19 vaccine.

The text of the bill can be downloaded here and a one pager is available here.

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WASHINGTON, D.C. – Today, U.S. Senators Mark Warner and Tim Kaine introduced the Virginia Plan to Reduce Gun Violence Act of 2020, a bill to federally enact a series of commonsense gun violence prevention measures adopted by Virginia earlier this year. Included in the bill are measures to remove firearms from those at risk of harming themselves or others, close current background check loopholes, mandate reporting of lost and stolen firearms, prevent children from accessing firearms, and implement a one-handgun-a-month policy.

“Too many communities across the Commonwealth have been affected by gun violence. That’s why earlier this month, Virginia led the charge by adopting reasonable measures to help prevent future tragedies. Now it’s time for Congress to act,” Warner said. “Today, we are introducing a commonsense approach to help make our communities safer by helping to keep guns out of the wrong hands while still respecting the rights of law-abiding gun owners. We owe it to victims and their families to stop talking about the problem and start doing something to address it and this bill is an important step in that direction.”

“We have seen the scourge of gun violence in the tragedies of Virginia Tech and Virginia Beach, drive-by shootings, domestic violence, the hundreds of suicides by firearm every week, and other crime in cities and towns across our country,” Kaine said. “For too long, Congress has remained a bystander while states like Virginia have taken action. While no single piece of legislation can eradicate gun violence, as elected officials we have a responsibility to act. We must learn painful lessons from these horrific events and follow the Commonwealth’s example to take commonsense steps that can help save lives.”

The Virginia Plan to Reduce Gun Violence Act of 2020 builds on Virginia’s commonsense framework to reduce gun violence by including the following provisions:                                                                                       

  • Universal Background Checks: Closes loopholes in existing federal law by requiring background checks on all firearm sales and transfers, with exemptions for certain family members, law enforcement officers, servicemembers, hunting, target shooting, and self-defense.
  • Extreme Risk Protection Orders: Establishes a federal extreme risk protection order process to temporarily remove firearms from individuals who pose a high risk of harming themselves or others, incentivizes states to implement their own extreme risk protection laws and court protocols.
  • One-Handgun-a-Month: Limits purchases of handguns to one per month to curtail firearm stockpiling and trafficking.
  • Reporting of Lost or Stolen Firearms: Requires gun owners to report lost or stolen firearms to the appropriate state or local law enforcement agency within 48 hours. State and local law enforcement agencies would be directed to report data collected to the FBI’s National Crime Information Center.
  • Preventing Firearm Access to Minors: Promotes responsible gun ownership and safe storage practices by holding individuals liable for recklessly leaving a loaded, unsecured gun in the presence of a minor.
  • Protection Order Prohibitions: Bolsters safeguards for victims of domestic violence by closing the “boyfriend loophole,” expanding firearms laws to prohibit persons convicted of dating violence from possessing firearms, and prohibiting persons convicted of stalking from possessing firearms.

You can view the full bill text here.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Steve Daines (R-MT), members of the Senate Finance Committee, introduced bipartisan legislation to establish a $500 million emergency portable benefits fund for states. Under this legislation, the U.S. Department of Labor would administer funds to states to assist them with setting up a portable benefits program for independent workers. The federal funds would also pay for a portion of the costs associated with modernizing states’ Unemployment Insurance (UI) technology systems – a move that would facilitate expanded benefits eligibility and support long-term innovation. Sens. Warner and Daines are seeking to include the proposed legislation in the next COVID-19 relief package.

“Right now, millions of independent, freelance, domestic, and entrepreneurial workers have no social safety net to fall back on. I’ve been sounding the alarm on this for years, and as this pandemic has shown, this is a problem that can wreak havoc on both individual families and on our economy as a whole,” said Sen. Warner. “As we continue to face this health and economic crisis, Congress must act to give states the tools they need to address this problem for the long term. We shouldn’t need an Act of Congress to get workers access to a safety net every time there’s a crisis or economic downturn. We will be right where we were before this crisis if we don’t find some innovative solutions. That’s why we’re introducing this legislation to provide funding for states to experiment with new models for assisting workers and learn what works through a national impact evaluation.”

“Allowing states to experiment with portable benefit models and providing funding to modernize Unemployment Insurance technology systems are just plain commonsense ideas,” said Sen. Daines. “This bill will help encourage bottom-up solutions to the problems we are seeing play out in real-time during this pandemic, and help make sure the country is better prepared to deal with these issues when the next crisis hits.”

The CARES Act granted these non-traditional workers access to state-administered unemployment insurance (UI) programs for the first time. However, reports indicate that millions of these workers have struggled to access these benefits in part due to clunky and outdated state IT systems that administer the benefits and implementation issues. What’s more, the programs created by Congress are temporary and do not address access to portable benefits in the long term. 

Moving forward, this legislation would provide supplemental funds for states to update their unemployment systems for the 21st century, for the purposes of long-term innovation. The emergency benefits proposal would also provide funding for states – in partnership with cities, localities and worker advocate non-profits – to experiment with innovative proposals for portable benefits, such as paid leave, retirement plans, the longer-term expansion of UI eligibility, and other programs specific to local economies.

This bill will also help shed light on which experimental portable benefit models work best. Under this legislation, states are required to submit data on the effectiveness of their approach and its returns for workers, broken down by socioeconomic and racial figures. The Government Accountability Office will then evaluate this data and use it to create a report on the impact of the program.

For more than three years, Sen. Warner has led the bipartisan Portable Benefits for Independent Workers Pilot Program Act to establish a grant fund for states, localities and nonprofit organizations to experiment with portable benefits models for the growing independent workforce. Today’s bill – which comes after an initial bill proposal – builds on that effort in light of the COVID-19 health and economic crisis, which has left many self-employed entrepreneurs and independent workers with no or reduced incomes and little access to long-term traditional benefits programs. 

This legislation has the support of a number of experts and groups including David Rolf the former President of SEIU 775, the National Domestic Workers Alliance, the Aspen Institute’s Future of Work Initiative, Marcela Escobari of the Brookings Institution, R Street Institute, the Center for American Entrepreneurship, and SAG-AFTRA.

“The Center for American Entrepreneurship applauds the introduction of the Emergency Portable Benefits for Independent Workers Act.  The fact that critical benefits such as paid leave, worker retraining, child care, and retirement security are typically provided by corporate employers has emerged as a significant public policy challenge, as 1 in 10 Americans in the labor force are consistently in alternative work arrangements.  In addition, the prospect of losing such employer-provided benefits is a major structural obstacle to entrepreneurship at a time when rates of new business formation have been in decline for years.  By providing a framework for entrepreneurs to access benefits independent from employers, the Act will accelerate policy innovation within states with regard to the provision of critical benefits and enhance worker mobility.  CAE thanks Senators Mark Warner (D-VA) and Steve Daines (R-MT) for their leadership, and looks forward to working with them toward swift passage of the Act,” said John Dearie, President, Center for American Entrepreneurship.

“We applaud Senator Warner’s long commitment to ensure independent workers have basic protections for themselves and their families when striving to make a living in the emerging gig economy.  Establishing a basic set of benefit protections that working Americans can carry with them, when working and when between jobs, is critical to the safety and well-being of a growing workforce.  This truth has become ever more essential in the era of a global pandemic, when so many Americans have lost jobs but still need to provide the protection of basic health care and other support for their children and families. Many of our SAG-AFTRA members take on all manner of jobs as they work to build a career in entertainment, and we want to see them supported throughout their journey,” said David White, National Executive Director, SAG-AFTRA.

“For years, a mix of too much regulation and too little creativity has led to near-stasis in the ways American firms and governments have allowed those working under alternative arrangements to access benefits. This bill promises to break through the morass and encourage real creativity. Anyone who wants to use this moment of crisis to innovate should strongly consider supporting it,” said Eli Lehrer, President, the R Street Institute.

A summary of the bill is available here. Text of the bill can be found here.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) applauded the House passage of the Great American Outdoors Act, a bill he championed that would address the $12 billion maintenance backlog at National Park Service (NPS) sites across the country and permanently fund the Land and Water Conservation Fund (LWCF). With the economic devastation caused by the COVID-19 pandemic, this bipartisan bill will help create more than 100,000 jobs across the country and stimulate local economies that rely on outdoor tourism industry. In June, the Senate overwhelmingly passed the bipartisan legislation and with today’s passage in the House of Representatives, the bill will now head to President Trump’s desk for his signature.

“In passing the Great American Outdoors Act, the House has reaffirmed Congress’ bipartisan commitment to preserving America’s irreplaceable natural and historic resources for future generations. The House vote clears the final hurdle to getting this bill to the President’s desk, closing a years-long effort to address the mounting deferred maintenance costs that have accumulated at national parks across the Commonwealth and the country,” said Sen. Warner. “After the economic devastation we’ve seen come out of the COVID-19 pandemic, this is another tool in the toolbox to help stimulate our nation’s struggling economy and create up to 110,000 additional infrastructure-related jobs. I am grateful for all those who contributed to this process. I look forward to the President quickly signing this momentous legislation into law, which could create 10,000 new jobs in the Commonwealth, help preserve vital tourism for communities, and ensure that future generations of Americans will continue to experience and take advantage of America’s historical and natural treasures.”

Congressional passage of the bill comes nearly three years after Sen. Warner’s initial effort to provide relief to national parks in Virginia, where the maintenance backlog currently sits at $1.1 billion dollars.

In June, the National Park Service released a report that estimated that an average of 40,300 direct jobs and 100,100 direct and indirect jobs would be supported nationally by the Restore Our Parks Act if passed as part of the Great American Outdoors Act. In Virginia, it is estimated that 10,340 jobs would be created or supported as a result of Sen. Warner’s push to address the national parks backlog. 

In addition, a recent NPS study highlighted the financial impact national parks sites have on Virginia’s economy. Last year, 22.8 million individuals from around the world visited national parks in Virginia, spending $1.2 billion. Additionally, national parks in Virginia helped support 17,300 jobs and contributed over $1.7 billion to the Commonwealth’s economy. Because of the economic impact national parks have on communities across the country, more than 800 organizations have pledged their support for the Great American Outdoors Act.

Sen. Warner’s effort to address the maintenance backlog began in March 2017, when he worked with Sen. Rob Portman (R-OH) to introduce the National Park Legacy Act, which would have eliminated the NPS maintenance backlog by creating a thirty-year designated fund to take care of maintenance needs at visitor centers, rest stops, trails and campgrounds, as well as transportation infrastructure operated by NPS such as the George Washington Memorial Parkway and Arlington Memorial Bridge. That same year, the U.S. Department of the Interior announced its own proposal, drawing heavily on the initial proposal from Sens. Warner and Portman. However, the Administration proposal – which was introduced in the Senate as the National Park Restoration Act by Sens. Lamar Alexander (R-TN) and Angus King (I-ME) – would not have established a dedicated funding stream for NPS maintenance.

In March 2018, after extensive negotiations among Sens. Warner, Portman, Alexander, and King, the bipartisan group introduced the Restore Our Parks Act, a bipartisan consensus proposal endorsed by the Trump Administration, to invest in overdue maintenance needs at NPS sites. The bill would reduce the maintenance backlog by establishing the “National Park Service Legacy Restoration Fund” and allocating existing revenues from onshore and offshore energy development. This funding would come from 50 percent of all revenues that are not otherwise allocated and deposited into the General Treasury, not exceeding $1.3 billion each year for the next five years. In February 2019, Sen. Warner reintroduced the Restore Our Parks Act and, the bill was overwhelmingly approved by the Senate Energy and Natural Resources Committee in November.

In March 2020, following the President’s announcement that he would back the bipartisan Restore Our Parks Act as well as full and permanent funding for LWCF, Sen. Warner, along with Sens. Cory Gardner (R-CO), Joe Manchin (D-WV), Steve Daines (R-MT), Portman, King, Alexander, and Richard Burr (R-NC) introduced the Great American Outdoors Act, which would provide $9.5 billion over five years to the National Park Service, Forest Service, Fish and Wildlife Service, Bureau of Land Management, and Bureau of Indian Education to address the deferred maintenance backlog at these agencies. The legislation would also provide permanent, mandatory funding for the LWCF, which provides states and local communities with technical assistance, recognition, and funding to help preserve and protect public lands. Virginia has received approximately $368.5 million in LWCF funding over the past four decades to help protect dozens of national parks, wildlife refuges, forests, trails and more.

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WASHINGTON – U.S. Senators Mark Warner (D–Va.) and Tim Scott (R–S.C.) introduced the Long-Term Care (LTC) Pharmacy Definition Act of 2020. This bipartisan legislation, if passed, will ensure seniors requiring long-term care have access to the medication and treatments they need. This bill would also codify an adaptable definition for “long-term care pharmacy” to enhance clarity and consistency across diverse programs and agencies. Without adding new costs to the healthcare system, a clear federal definition for LTC pharmacy would provide policymakers and regulators with the tools needed to facilitate the unique supports that these pharmacies offer, within both current models and the innovative models of the future.  

 "Long-term care pharmacies are essential to providing quality care to millions of our nation’s seniors. Unfortunately, under existing rules, they are regulated in the same way as more traditional retail pharmacies, which has created unnecessary bureaucracy around providing life-saving medication and services for a vulnerable population," said Sen. Warner. “That’s why we’re introducing legislation that will create a distinct definition for long-term care pharmacies to better reflect the specialized care they provide for the senior population they serve."

"This commonsense legislation would ensure clarity and consistency for our long-term care pharmacies without adding costs to our healthcare system," said Sen. Scott. “I urge my colleagues to support this bipartisan bill, which will make it easier for this important sector to navigate regulatory confusion and allow them to care and provide for our nation’s seniors."

Congressmen Markwayne Mullin (R-OK) and Kurt Schrader (R-OR) introduced companion legislation in the House of Representatives.

"Long Term Care Pharmacies provide critical services for seniors, who often require multiple prescriptions to maintain their health. Because there is no statuary definition for LTC Pharmacies, they must negotiate a patchwork of vague, inconsistent provisions, which could disrupt services and impact care for seniors. This commonsense legislation will help agencies give more consistent regulatory direction as well as streamline services to residents,” said Rep. Mullin.

"The personal services that long term care pharmacies provide seniors, many who take upwards of 10 medications per day, are critical for the health and wellness of millions of Americans,” said Rep. Schrader. "COVID-19 has had a disproportionate effect on this vulnerable population and now more than ever a consistent regulatory framework that defines long term care pharmacies is crucial. This bipartisan legislation will offer greater governmental oversight and create regulatory consistency across multiple federal agencies."

"Now more than ever, as the nation’s LTC community copes with the unprecedented impact of COVID-19, establishing a clear and consistent regulatory framework for LTC pharmacies is essential,” said Alan G. Rosenbloom, President and CEO of the Senior Care Pharmacy Coalition. “We commend Senators Scott and Warner as well as Congressmen Schrader and Mullin for recognizing the unique value proposition LTC pharmacies offer seniors in nursing homes and other LTC facilities by introducing this much-needed legislation. The patient care services LTC pharmacies provide, including the 12 prescriptions per day per person on average, are crucial to the health and safety of our most vulnerable citizens."

Full text of the bill is available here.

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WASHINGTON, D.C. – The Senate Homeland Security and Governmental Affairs Committee today approved Senate Budget Committee Chairman Mike Enzi (R-WY) and Senator Mark R. Warner’s legislation (D-VA) to strengthen federal financial management. The bill would update the Chief Financial Officers (CFO) Act of 1990, which created a new foundation for federal financial management. The law established a financial management leadership structure, provided for long-range planning, and required audited financial statements.

The legislation, S. 3287, is cosponsored by Senators Ron Johnson (R-WI), Gary Peters (D-MI), James Lankford (R-OK), Maggie Hassan (D-NH), Kyrsten Sinema (D-AZ), Chuck Grassley (R-IA), David Perdue (R-GA), Kelly Loeffler (R-GA), and Mike Braun (R-IN). The Data Coalition, Citizens Against Government Waste, the Project on Government Oversight, National Taxpayers Union, Truth in Accounting, R Street Institute, Taxpayers for Common Sense, Americans for Prosperity, Government Accountability Project and Grant Thornton, among others, have endorsed the legislation.

“The Chief Financial Officers (CFO) Act was hugely instrumental in promoting financial management at the federal level, and laid the groundwork for a lot of the improvement we’ve seen in the 30 years since it was signed into law,” said Senator Warner.  “With today’s Committee passage of this commonsense bipartisan proposal, we are one step closer to enacting much-needed reforms to the financial oversight established in the original CFO Act. This legislation will help boost financial accountability in our government by promoting consistency across agencies, making it easier for them to carry out long-term initiatives and planning, and empowering them to make more informed and strategic policy decisions through the use of performance data. Now that this bill passed an important hurdle, we are almost to the finish line in taking action to help modernize our financial management structures, and renew Americans’ trust that their government is making smart, informed decisions about how we use taxpayer dollars.”

“The CFO Vision Act will lead to better financial and performance data and increase accountability in government programs and operations,” said Chairman Enzi.  “It will also help ensure our financial information is complete, reliable, timely and consistent and allow Congress to make informed decisions about the financing, management, and evaluation of federal agencies and programs.”

The bill would:

  • Standardize CFO responsibilities across government by helping to enhance strategic decision-making, and correct inconsistencies;
  • Provide deputy CFOs with sufficient authority to ensure continuity in agency financial management operations when CFO vacancies occur;
  • Revise government-wide and agency-level financial management planning requirements by requiring OMB to update the government’s financial plan every four years and provide annual status updates. Additionally, the bill would require the government-wide plan to include actions for improving financial management systems, strengthening the federal financial management workforce, and better linking performance and cost information for decision-making;
  • Develop a broader set of key selected financial management performance-based metrics by requiring OMB to develop a plan to determine the status and progress agencies are making towards achieving cost-effective and efficient government operations.  The bill would also require that information be included in the government-wide and agency-level financial management plans and status reports; and
  • Strengthen internal controls by requiring agency management to identify key financial management information needed for effective financial management and decision making. The bill would also require agencies to annually assess and report on the effectiveness of internal control over financial reporting and other key financial management information.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today applauded $3,001,442 in federal funding for public transportation in the City of Winchester. The funding, for Winchester Transit, was authorized by the Federal Transit Authority (FTA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act supported by Sens. Warner and Kaine.

“We’re pleased to announce these federal dollars will help the Winchester Transit system continue to provide essential services while keeping their workers and riders safe,” said the Senators.

Through the CARES Act, Congress provided $25 billion for transit agencies to help prevent, prepare, and respond to the COVID-19 pandemic. The City of Winchester received its funding under the FTA’s Urbanized Area Formula Program, which makes federal resources available to urbanized areas and to governors for transit capital and operating assistance in urbanized areas and for transportation-related planning.

The funds will support operating, administrative, and preventive maintenance costs for Winchester Transit in order to respond to and recover from the COVID-19 public health emergency. 

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WASHINGTON – Today U.S. Sens. Mark R. Warner (D-VA), Cory Booker (D-NJ), Kamala Harris (D-CA) and Democratic Leader Chuck Schumer (D-NY) are introducing the Jobs and Neighborhood Investment Act, legislation to make a new, $17.9 billion investment in low-income and minority communities that have been especially hard-hit by the COVID-19 crisis. Rep. Gregory Meeks (D-NY) will introduce companion legislation in the House.

The legislation would provide eligible community development financial institutions (CDFIs) and Minority Depository Institutions (MDIs) with capital, liquidity, and operational capacity, to expand the flow of credit into underserved, minority, and historically disadvantaged communities, helping small businesses stay afloat and expand operations, while providing affordable access to credit for lower income borrowers. The Senators are seeking to include the Jobs and Neighborhood Investment Act in any upcoming COVID-19 relief legislation to help hard-hit communities weather and recover from the economic blow of the pandemic.

“We know that Black and Latino Americans are disproportionately suffering from the dual health and economic effects of COVID-19, putting many low-income and minority neighborhoods at risk of sustained economic damage that will last far beyond the current crisis. Steps like PPP loans, expanded UI, and one-time stimulus payments helped to soften the blow in some places, but not enough. Jobs that supported these neighborhoods are disappearing overnight, and if we don’t act now, we could see a hemorrhaging of already-limited economic opportunities from these communities that will take generations to recover,” said Sen. Warner. “The Jobs and Neighborhood Investment Act directs billions in new investments to help low- income and minority communities withstand this unprecedented economic downturn and emerge stronger with increased access to capital and new economic opportunities.”

“Even before the pandemic, communities of color and low-income communities were facing deep- seated challenges and structural inequities in accessing capital and economic opportunity,” said Sen. Booker. “Now, as the Coronavirus crisis exposes and exacerbates these inequities, it’s past time we act boldly, by investing in the families, businesses, and communities that have been most impacted and providing them with the resources they need to recover and rebuild.”

“We are in the midst of multiple crises in our country: a public health crisis, which is disproportionately impacting people of color in America; and the resulting economic crisis that is causing financial hardship for our small and minority-owned institutions. As we work to secure additional funding for the survival of businesses across the country, I am proud to work with my colleagues on this next step in not only lifting up the hardest hit communities, but ensuring they thrive in the coming months,” said Sen. Harris.

“Since long before they were hit with the recession created by the COVID-19 pandemic, Black families and business owners have struggled to gain access to capital and banking services necessary to build and maintain strong communities and opportunities for growth. The Jobs and Neighborhood Investment Act would mean billions in resources for the institutions that serve the underfunded and underbanked and provide minority and low income neighborhoods with the resources they need to help them not just weather the storm but thrive over the long-term,” said Sen. Schumer. “If our Republicans colleagues are serious about addressing inequity and getting aid to those who need it most, they should stop focusing on providing immunity to big corporations and make sure our truly small and minority owned businesses, and the institutions that truly seek to serve them, have access to the resources and funding they need to survive and thrive.”

“As Chairman of the House Financial Service Subcommittee on Consumer Protection and Financial Institutions, my focus has been squarely on address the inequities faced by unbanked and underbanked communities, and communities of color that continue to be discriminated against to this day, including in banking and financial services. The COVID19 pandemic has laid bare the vulnerability of these communities, and the urgency of addressing the failures of the financial system that leave these communities behind. Achieving a balanced and sustainable economic recovery requires inclusion of, and investments in minority banks, community development financial institutions, and those banks and lenders that reach marginalized communities,” said Rep. Meeks.

A summary of the bill is available here. Text of the bill is available here.

“The compounding effects of COVID-19 will put many low-income and minority neighborhoods at risk of sustained economic damage,” said David Clunie, Executive Director, Black Economic Alliance. “The Jobs and Neighborhood Investment Act seeks to mitigate economic damage and break down some of the economic barriers Black communities face by strengthening the financial institutions that serve communities of color so they can boost operational capacity and increase lending to Black businesses and lower-income borrowers. By improving access to capital and providing new economic opportunities, this legislation will help Black Americans emerge stronger from the economic downturn that is harming Black communities disproportionately. BEA is proud to have helped shape this billWe are grateful to Senators Schumer, Warner, Harris, and Booker and Rep. Meeks for their leadership, and we look forward to swift passage of this proposal.”

“In this critical moment, our communities are in dire need of being supported and uplifted,” said Derrick Johnson, President and CEO, NAACP. “The disproportionate impact and strain COVID-19 has placed on low-income neighborhoods has been devastating, and the relief Jobs and Neighborhood Act will provide is sorely needed. I am encouraged by the organizations, elected officials and community leaders that continue to step up and fill in the gap amid this turbulent time; and the NAACP will continue to lead in this fight.”  

 “Underserved communities require specific actions to inject resources that impact families and businesses. The Jobs and Neighborhood Investment Act as Senator Warner proposes must be pointed to these communities as the data proves that there is a disproportionate impact from COVID-19. Therefore, we must itemize the need to repair, restore, and regenerate economic vitality in these communities,” said Kenneth Kelly, Chairman, National Bankers Association.

“The pandemic has illuminated the barriers faced by Black borrowers, business owners and their employees like nothing else in recent memory,” said Marc H. Morial, President and CEO, National Urban League. “The Jobs and Neighborhood Investment Act is a step toward not only reclaiming the economic ground that has been lost over the last few months, but revitalizing the Black communities that still lag behind because of systemic racism and lack of opportunity. The National Urban League recommends passage of this legislation.”

“This bill provides critical support for  CDFIs and MDIs and is a good step toward expanding the flow of credit into underserved and historically disadvantaged communities. This is especially important for communities of color, which have been hit hardest by the current crisis. This legislation will enable business owners of color to survive and expand operations,” said Ashley Harrington, Director of Federal Advocacy and Senior Counsel at the Center for Responsible Lending. “This is a commonsense approach to help local economies, and we look forward to continuing our partnership with Senators Warner, Harris, and Booker and Congressman Meeks in further strengthening this legislation and in getting it passed into law.”

“The African American Alliance of CDFI CEOs supports the Jobs and Neighborhood Investment Act. We believe it is a positive step to ensuring that small businesses most impacted by the pandemic will receive funding- through CDFIs and minority lenders- to assist with restoring and rebuilding communities,” said Donna Gambrell, Chair, and Calvin Holmes, Vice-Chair, The African American Alliance of CDFI CEOs.

“The Jobs and Neighborhood Investment Act has the potential to dramatically increase the flow of responsible investment capital into communities of color. This could be a game changer for community development institutions that are helping underserved communities emerge from the current economic crisis,” said Noel Andrés Poyo, Executive Director, National Association for Latino Community Asset Builders.

“This legislation proposed by Sen. Mark Warner (VA) works to provide the needed capital investments in Black communities that will help families in crises due to the devastating economic impact of the COVID-19 pandemic. These resources will strengthen businesses, increase employment and provide access to affordable credit for many hardworking residents in our country’s most underserved communities,” said Dr. W. Franklyn Richardson, Chairman, Conference of National Black Churches (CNBC).

“Prosperity Now has been honored to work with Senators Warner, Booker, Harris and Congressman Meeks on their Jobs and Neighborhood Investment Act, a comprehensive plan to capitalize and strengthen Minority-Owned Banks and CDFIs, which are fundamental to our communities and their recovery from COVID-19. A key value of this legislation is that it would also prepare us for and respond to the next economic crisis. We fully endorse this bill,” said Doug Ryan, Senior Fellow, Prosperity Now.

“The Local Initiatives Support Corporation (LISC) applauds Senator Warner and the other co-sponsors for recognizing the critical role that CDFIs and Minority Depository Institutions play in providing capital to underserved borrowers and communities, and for providing them with the resources needed to meet the scale of the challenge that is facing the country as we recover from both the health and economic impacts of COVID-19. There is little doubt that the communities served by CDFIs and MDIs are disproportionately impacted by COVID-19, and this legislation provides a thoughtful means of ensuring that scarce federal resources get to the businesses and residents of those communities,” said Maurice Jones, President and CEO, Local Initiatives Support Corporation (LISC).

“The Jobs and Neighborhood Investment Act’s support of minority-owned and minority-led lenders is a great step forward for promoting access to capital for underserved communities and the country at large. We look forward to bipartisan passage and working with all stakeholders to ensure its intent is realized,” said Aron Betru, Managing Director, Milken Institute Center for Financial Markets.

“The current global pandemic has made plain that our financial system is stronger and more dynamic when community development financial institutions grow and thrive.  We applaud the work of Senators Warner, Booker, Harris and Congressman Meeks in advancing the Jobs and Neighborhood Investment Act to strengthen the efforts of community-based lenders by providing them with additional tools to continue reaching those most deeply affected by this crisis,” said Cathie Mahon, President and CEO, Inclusiv.

“Black and Brown communities have been disproportionately impacted by the health and economic effects of the pandemic. More than 40% of black businesses already have shut down. We need urgent investments to change this trajectory, empower a banking system that reaches deep into our minority communities, and help us reach the urgent goal of economic justice. This legislation provides vital support to community and minority-owned banks. Eliminating the racial wealth gap would add more than $1 trillion to our country’s GDP, benefitting all communities. This isn’t a political issue, and I’m hopeful leaders across both parties will come together to drive real change forward, without delay,” said Robert F. Smith, Founder, Chairman and CEO, Vista Equity Partners.

“The Jobs and Neighborhood Investment Act recognizes the critical role CDFIs play in serving communities struggling against persistent racial and economic inequality.  In particular, the Opportunity Finance Network applauds the inclusion of $1 billion in immediate CDFI Fund grants to strengthen CDFIs to do more in the challenging months ahead,” said Jennifer A. Vasiloff, Chief External Affairs Officer Opportunity Finance Network.

“The Jobs and Neighborhood Investment Act will inject vital resources into families, businesses and communities that have been hardest hit by COVID and the economic crisis. By prioritizing investments that increase and leverage the capacity of minority lenders and CDFIs, the Act will significantly advance economic opportunity among America’s most underserved people and places,” said Bill Bynum, CEO, Hope Credit Union.

“Over the past four months, we have watched in awe as CDFIs and MDIs across the country have mobilized any and all available resources at their disposal to mitigate the devastating effects of COVID- 19. We have seen their willingness and ability to ensure that the communities they serve weather this crisis, restart and recover quickly, and build back stronger and with more resilience. The Jobs and Neighborhood Investment Act would provide the necessary capital and operating support so that these community-based lenders can significantly grow their efforts to meet the incredible need across urban, rural, and Native communities,” said Jennifer Pryce, President & CEO, and Frederick “Bart” Harvey, Chairman of the Board, Calvert Impact Capital.

“This initiative is exactly what is needed to help low-income and communities of color rebuild. CDFIs have long been committed to racial and economic justice. This set of programs will provide the tools for CDFIs to help small businesses survive and thrive and communities to recover,” said Jeannine Jacokes, Chief Executive Officer, Community Development Bankers Association.

“The Jobs and Neighborhood Investment Act will put resources and financial mechanisms into the communities where they can do the most good. Senators Warner, Booker and Harris, and Congressman Meeks, have introduced a measure that, if enacted, will catalyze growth and opportunity for underrepresented groups by unleashing the potential of small businesses in minority communities too often left behind by broader economic growth,” said David Grain, Founder and CEO, Grain Management.

“The Jobs and Neighborhood Investment Act will help get needed funds into communities hardest hit by the crisis, by supporting community development financial institutions and minority depository institutions – those with the on-the-ground expertise and track record to get the job done,” said Professor Michael S. Barr, Joan and Sanford Weill Dean of Public Policy, Frank Murphy Collegiate Professor of Public Policy, Roy F. and Jean Humphrey Proffitt Professor of Law, University of Michigan.

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Washington, DC – Last week, Speaker of the House Nancy Pelosi (D-CA), Senate Democratic Leader Chuck Schumer (D-NY), House Intelligence Committee Chairman Adam Schiff (D-CA), and Senate Intelligence Committee Vice Chairman Mark Warner (D-VA) sent a letter to FBI Director Christopher Wray requesting the Bureau provide a defensive counterintelligence briefing before August to all Members of the House of Representatives and the Senate regarding foreign efforts to interfere in the 2020 U.S. presidential election.

In the letter, they write:

“We are gravely concerned, in particular, that Congress appears to be the target of a concerted foreign interference campaign, which seeks to launder and amplify disinformation in order to influence congressional activity, public debate, and the presidential election in November.”

The full letter can be found here, and the text is below:

UNCLASSIFIED WHEN SEPARATED FROM ATTACHMENT

July 13, 2020

The Honorable Christopher A. Wray

Director

Federal Bureau of Investigation

935 Pennsylvania Avenue, NW

Washington, D.C. 20535

Dear Director Wray: 

We write to request that the Federal Bureau of Investigation provide a defensive counterintelligence briefing to all Members of the House of Representatives and the Senate regarding foreign efforts to interfere in the 2020 U.S. presidential election. 

We are gravely concerned, in particular, that Congress appears to be the target of a concerted foreign interference campaign, which seeks to launder and amplify disinformation in order to influence congressional activity, public debate, and the presidential election in November. 

Given the seriousness and specificity of these threats, as members of congressional leadership and the congressional intelligence committees we believe it is imperative that the FBI provide a classified defensive briefing to all Members of Congress and that the briefing draw on all-source intelligence information and analysis, consistent with due regard for the protection of sensitive intelligence sources and methods. 

Due to the ongoing nature of these threats, we ask that the FBI provide this briefing prior to the August recess at the earliest possible opportunity, and that your office outline a plan for the briefing by Monday, July 20. 

We appreciate your prompt attention to this important request. 

Sincerely,

 

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