Press Releases

WASHINGTON – On the Senate floor today, U.S. Sen. Mark R. Warner (D-VA) urged his Senate colleagues to oppose President Trump’s nomination of William Barr to serve as Attorney General.

In his floor remarks, Sen. Warner questioned Barr’s independence, citing the unsolicited memo that Barr authored and provided to the President’s legal team last June attacking Special Counsel Robert Mueller’s investigation. Emphasizing the need for an Attorney General who will protect the Special Counsel’s investigation from political interference, Sen. Warner brought up Barr’s problematically expansive views on the appropriate use of presidential pardons and questioned whether they factored into the President’s decision to nominate Barr for the position. 

Additionally, Sen. Warner raised concerns about Barr’s stances on a number of policy issues, ranging from LGBTQ equality and the role of government in women’s reproductive health care, to Barr’s support of mandatory minimum sentences and the President’s “Muslim ban.” 

Sen. Warner has been outspoken about the danger of confirming a nominee who was handpicked by the President to undermine the Special Counsel’s investigation. He recently wrote an op-ed calling for this nomination to be withdrawn. 

 

 

Below are the remarks as prepared for delivery:

 

Mr. President I rise today to oppose the nomination of William Barr to be Attorney General that the Senate will be taking up later today.

 

I do have a number of concerns about this nominee on policy grounds. I echo what my colleagues on the Judiciary Committee have said about Mr. Barr’s troubling record on important issues affecting Americans’ constitutional freedoms. 

 

He’s advocated for harsh mandatory minimum sentences, as well as the President’s Muslim Ban.

 

I also have serious concerns about his past statements about LGBTQ equality and the role of government in women’s reproductive health care.

 

As one telling example, he testified in his 1991 confirmation hearing that “Roe v. Wade was wrongly decided and should be overruled.” 

 

On all of these issues, he is entirely out of step with the views of the American public.

 

But for me, this is not simply an objection on policy grounds.

 

Nor is it a question of Mr. Barr’s experience. As a former attorney general, Mr. Barr has long been well-respected within the legal community.

 

But frankly, the nominee for our nation’s highest law enforcement position must be measured by more than his résumé.

 

Instead, this is a question of Mr. Barr’s fidelity to our Constitution.

 

I find Mr. Barr’s actions in the months leading up to his nomination to be deeply disturbing. And as a result, I have serious doubts about this nominee’s independence and willingness to stand up for the rule of law.  

 

Last June, Mr. Barr wrote a secret, unsolicited memo attacking Special Counsel Robert Mueller’s investigation into potential obstruction of justice by the president, which Mr. Barr then passed to administration officials.

 

In November, President Donald Trump fired Attorney General Jeff Sessions after months of public abuse over the Mueller investigation.

 

For a temporary replacement, he chose Matt Whitaker, whose primary qualification appears to be an op-ed he wrote decrying the scope of the Mueller probe.

 

With Mr. Barr’s nomination, it has become clear that the president’s sole concern is choosing a new attorney general who will shield him from the special counsel’s investigation. And Mr. Barr’s memo looks much more like a job application.

 

This President has repeatedly dangled the possibility of pardoning potential witnesses in the Special Counsel’s investigation.

 

Now, in Mr. Barr, the President has a nominee who has been outspoken about his expansive views on the appropriate use of the pardon powers.

 

Let’s be very clear. Any attempt by this President to pardon himself, his family, or key witnesses in the Mueller or SDNY investigations would represent an abuse of power that would require a response by Congress.

 

Special Counsel Mueller’s investigation has led to numerous indictments and convictions, including that of the president’s own campaign chairman.

 

It must continue free from political interference until it gets to the truth, and its findings must be released to Congress and the American public.

 

Under our constitutional system, no one is above the law, not even the president. We need an attorney general willing to vigorously defend this principle.

 

Consequently, I will oppose the nomination.

 

Thank you, Mr. President.

 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded Senate passage of a historic lands bill — S. 47, the Natural Resources Management Act — that permanently reauthorizes the Land and Water Conservation Fund (LWCF), a program that protects and preserves Virginia’s public lands. Sens. Warner and Kaine have been strong advocates for permanent reauthorization of LWCF. Authorization for the Fund expired at the end of last fiscal year.

“The Land and Water Conservation Fund is essential to preserving and protecting Virginia’s rich history and beautiful landscapes,” said the Senators. “By providing long-term security for this critical program, communities across the Commonwealth will be able to continue caring for our natural resources and history for future generations to enjoy.”

The LWCF provides states and local communities with technical assistance, recognition, and funding to help preserve their own history and create close-to-home recreation opportunities. In the span of four decades, Virginia has received more than $350 million in LWCF funding to protect dozens of national parks, wildlife refuges, forests, trails and more. This bipartisan package is supported by dozens of conservation and recreation organizations, including the National Wildlife Federation, the League of Conservation Voters, the Outdoor Industry Association, and the Nature Conservancy. 

The lands package also reauthorizes the Historically Black Colleges and Universities (HBCUs) Grant Program. Historically Black Colleges and Universities Grants support the preservation of sites on HBCU campuses that are listed in the National Register of Historic Places. Eligible projects include pre-preservation studies, architectural plans and specifications, historic structure reports, and the repair and rehabilitation of historic properties according to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Last year, Virginia Union, Hampton University, Virginia State, and Virginia University of Lynchburg received grants totaling $2.27 million under the HBCU grant program.

The lands package also includes a provision introduced by Sen. Warner that expedites access to national parks for Good Samaritans, or eligible search and recovery organizations, after they sign a liability waiver. Sen. Warner pushed for the legislative fix after Alexandria resident Jodi Goldberg’s brother Keith was killed and his body was left at the Lake Mead National Recreation Area near Las Vegas, Nevada in 2012. His family worked for 10 months to get the permits and secure a million-dollar liability insurance policy required by the National Park Service before it would allow a trained volunteer search and recovery team to search for his body in the national park. 

In addition, the bill includes language backed by Sens. Warner and Kaine, along with the entire Virginia delegation, that designates the George C. Marshall Museum and Research Library in Lexington as the National George C. Marshall Museum and Library.

 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the following statement on President Trump’s Executive Order artificial intelligence (AI):

“AI holds enormous promise, with diverse applications across almost every imaginable sector and an array of implications in the national security context, as well. Our strategic competitors fully understand the stakes and have devoted enormous resources to outpacing the U.S. in this area. At the same time, if we’ve learned anything from the last two years, it’s that U.S. policy should be much more thoughtful in the consideration of emerging technologies – particularly in modeling their misuse. I applaud a number of aspects of the Executive Order, such as the proposal – mirroring the white paper I released last summer – to open federal data-sets to non-federal entities. 

“Overall, however, the tone of this Executive Order reflects a laissez-faire approach to AI development that I worry will have the U.S. repeating the mistakes it has made in treating digital technologies as inherently positive forces, with insufficient consideration paid to their misapplication. As I raised in my white paper, there are early indications that AI may contribute towards ‘winner-take-all markets’ – making it all the more important that our AI policies catalyze and sustain long-term competition and innovation. Similarly, the Administration’s Executive Order treats the impact of AI on the American workforce almost as an after-thought – relegating consideration of upskilling and retraining to existing federal programs.  

“Lastly, while the Executive Order explicitly references the activities of strategic competitors and adversarial nations, it offers little concrete guidance on how the U.S. should respond to adversarial and malicious uses of AI technologies by state and non-state actors alike, nor does it address instances where American technology companies are working in and with adversary nations in ways that undermine civil liberties, privacy, and American leadership.”

 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement:

“Today's news is devastating. Sexual assault is never acceptable, and survivors of violence and harassment deserve to be heard. ?If these allegations concerning Lieutenant Governor Fairfax are accurate, then they are clearly disqualifying and he must resign. 

“In the past week, the people of the Commonwealth have been subjected to what seems like an unending barrage of revelations about the past actions, both admitted and alleged, of their elected leaders. Resolving this crisis will require a government with the confidence of the people, justice for those who have been harmed, and a path forward that promotes healing and reconciliation. I am committed to doing everything I can to find this way ahead, but it will not be the work of a single evening. Those of us in elected office who have been endowed with the public'?s trust must always put the Commonwealth first.”
 

WASHINGTON – U.S. Senators Mark R. Warner and Tim Kaine and U.S. Representatives Bobby Scott, Gerry Connolly, Don Beyer, A. Donald McEachin, Elaine Luria, Abigail Spanberger and Jennifer Wexton released the following statement:

“Like other Virginians, we have been devastated by these horrible developments. We are brokenhearted that the actions of Governor Northam and Attorney General Herring have reopened old wounds left by Virginia’s long history of slavery, Jim Crow segregation, and systemic racism. There’s no question that Virginians’ faith in their government and leaders has understandably been deeply shaken.

“We have each publicly called for Governor Northam to resign. 

“Yesterday, we were shocked and saddened to learn of the incident in the Attorney General’s past. The Attorney General has earnestly reached out to each of us to apologize and express his deep remorse. We understand that he is currently engaged in in-depth discussions with leaders and others in Virginia. The Attorney General must continue those conversations, and stand ready to answer questions from the public if he is to regain their trust.

“We are deeply disturbed by the account detailing the alleged actions of Lieutenant Governor Fairfax. We believe these allegations need to be taken very seriously, and we respect the right of women to come forward and be heard.

“We will continue in dialogue with one another and our constituents in the coming days, and evaluate additional information as it comes to light.”


WASHINGTON, D.C. - Today, U.S. Senators Mark R. Warner and Tim Kaine announced $1,914,251 in federal funding through the U.S. Department of Health and Human Services (HHS) for the Free Clinic of the New River Valley in Christiansburg. This funding will allow the clinic to provide quality health care and dental services to individuals who cannot afford care or lack insurance.

“We’re pleased to announce federal funding to ensure the Free Clinic of the New River Valley can continue to offer valuable care to the community,” the Senators said. “The clinic helps ensure that uninsured and low-income patients can access the medical, dental, and preventative health services they need.”

This funding was awarded through HHS’s Health Resources & Services Administration Health Center Cluster Program. More than 27 million people in the U.S. rely on HRSA-funded health centers for affordable primary health care.

 

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), member of the Senate Finance Committee, and Susan Collins (R-ME), Chairman of the Senate Aging Committee, reintroduced bipartisan, bicameral legislation to reduce duplicative filing costs for small businesses seeking to make retirement plans available to their employees. The bill was sponsored in the House by Reps. Linda Sánchez (D-CA), member of the House Committee on Ways and Means, and Phil Roe (R-TN), member of the House Committee on Education and Labor.

“Employer-provided retirement plans give workers stability and strengthen our economy in the long run, but the process of offering these plans can be expensive and complex for smaller employers,” said Sen. Warner. “This bill would remove an unnecessary impediment and reduce filing costs, thereby making it easier for employers to promote the retirement security that workers deserve.” 

“Faced with an alarming $7.8 trillion shortfall in personal retirement savings, Americans simply aren’t saving enough to be able to afford a comfortable retirement,” said Sen. Collins. “When employers provide their employees with access to retirement plans, approximately 80 percent of them contribute.  This bipartisan bill will help promote retirement security by making it easier and less expensive for small businesses to establish retirement plans, increasing their accessibility to employees and helping to ensure that those who worked hard for decades do not spend their retirement in poverty.” 

“Too many Americans simply aren’t putting enough money away to be able to afford a secure retirement. It is no secret that women, especially women of color, are even farther behind in building adequate retirement savings due to continued pay inequality. By helping more small businesses provide workplace retirement plans we can give millions of hardworking families more financial peace of mind,” said Rep. Sánchez. “I’m proud to introduce this bipartisan, bicameral legislation to make it easier and less expensive for small businesses to establish retirement plans for their workers. This common sense legislation will help provide greater retirement security to more Americans.”

“It is imperative we do everything we can to encourage affordable and accessible retirement savings for all Americans,” said Rep. Roe. “This commonsense legislation will make it easier and less costly for small businesses to provide retirement plans for their workers by alleviating duplicative reporting requirements for plan administrators. I am proud to support this bill, which will promote a secure retirement for hardworking Americans.” 

A 2016 report by the Pew Charitable Trusts showed that only 22 percent of workers at small companies have access to a workplace savings plan or pension, compared to 74 of workers at firms with 500 or more employees.  

This legislation would allow employers and sole proprietors who participate in retirement plans to file a single aggregated Form 5500 – a required annual return that that provides compliance information to the Department of Labor (DOL) and the Treasury Department. Currently, employers are required to file separate forms to satisfy reporting requirements under the Employee Retirement Income Security Act and the Internal Revenue Code. By eliminating the need to report these two forms separately, this bill will remove unnecessary red tape and reduce costs for small businesses who wish to provide workers with retirement security. Under this bill, retirement plans would need to have the same trustee, fiduciary, plan administrator, plan year and investment menu in order to be eligible to file an aggregated Form 5500.

According to a 2016 survey conducted by the Transamerica Center for Retirement Studies, in collaboration with Aegon Center for Longevity and Retirement, only one-third of self-employed respondents indicated that they make sure they are saving for retirement. These self-employed workers, along with sole proprietors and small business owners, are the most likely to benefit from this legislation, as they are the most likely to establish retirement plans that meet the requirements necessary to file an aggregated Form 5500. 

To provide DOL and Treasury time to implement this change, this bill has an effective date of no later than January 1, 2023. A copy of the legislative text is available here.

 

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WASHINGTON –U.S. Senators John Cornyn (R-TX) and Mark Warner (D-VA) today introduced the Building United States Infrastructure and Leveraging Development (BUILD) Act, which would raise the federal statutory cap on Private Activity Bonds (PABs) issued by or on behalf of state and local governments for highway and freight improvement projects from $15 billion to $20.8 billion. This would increase the amount of tax-exempt bonds the U.S. Department of Transportation (USDOT) can approve for these projects by $5.8 billion.

“The condition of our highways and freight corridors make a big impact on the lives of Americans and on our nation’s economy,” Sen. Cornyn said. “As more and more of our infrastructure requires critical improvements, it’s imperative we find ways to reinvest in our roads and rails without the burden falling to taxpayers.  This bipartisan bill will help finance improvement projects through public-private partnerships, resulting in minimal cost to taxpayers with maximum impact on America’s roads, bridges, and rails.”

“Foreign countries, including China and India, continue to outpace the U.S. in terms of making truly robust investments in their infrastructure,” said Sen. Warner. “Not only will this legislation help boost U.S. competitiveness, it will also help close our nation’s infrastructure gap in a responsible way by facilitating proven methods of partnering private investment with public funds to help make desperately needed infrastructure improvements.” 

Background: 

PABs allow state or local governments to issue tax-exempt debt, with approval from USDOT, for qualified highway or surface freight transfer facilities. Less than $5 billion in PABs remain under the original statutory cap, set at $15 billion, and that amount is likely to be consumed in the very near future.

The Building United States Infrastructure and Leveraging Development (BUILD) Act would raise the statutory cap on PABs to $20.8 billion, allowing state and local governments to enter into additional public-private partnerships and enhance the capacity to finance additional surface transportation projects with private investment.

 

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Washington, D.C. – U.S. Senator Catherine Cortez Masto (D-Nev.) joined Senator Mike Crapo (R-Idaho) in a letter urging the Administration to stabilize the Medicare Advantage program that provides quality health care to 21 million seniors and individuals with disabilities. The senators wrote to Centers for Medicare and Medicaid Services (CMS) Administrator Seema Verma requesting she consider how to strengthen the program, innovate with technology and ensure predictability for enrollees. 

“Millions of our constituents depend on Medicare Advantage for quality, patient-centered health care,” the senators wrote. “Beneficiary enthusiasm for the program remains strong, with more than one in three seniors enrolled…For plan year 2020, we encourage the Administration to implement policies that promote innovation, provide predictable funding to support long-term, value-based arrangements and ensure that any substantive changes include sufficient time for thorough evaluation and stakeholder engagement.” 

In addition to Senators Cortez Masto and Mike Crapo, Johnny Isakson (R-Ga.), John Cornyn (R-Texas), Kyrsten Sinema (D-Ariz.), James Inhofe (R-Okla.), Roy Blunt (R-Mo.), Doug Jones (D-Ala.), Richard Blumenthal (D-Conn.), James Risch (R-Idaho), Pat Roberts (R-Kan.), Jeffrey Merkley (D-Ore.), Jeanne Shaheen (DN.H.), John Boozman (R-Ark.), Thom Tillis (R-N.C.), Angus King (I-Maine), Brian Schatz (D-Hawaii), John Barrasso (R-Wyo.), Jon Tester (D-Mont.), John Hoeven (RN.D.), Mark Warner (D-Va.), Amy Klobuchar (D-Minn.), Todd Young (R-Ind.), Marsha Blackburn (R-Tenn.), Michael Bennet (D-Colo.), Bob Casey (D-Pa.), Rob Portman (R-Ohio), Cory Gardner (R-Colo.), Gary Peters (D-Mich.), Tina Smith (D-Minn.), Cindy Hyde-Smith (R-Miss.), Lamar Alexander (R-Tenn.), Joe Manchin (DW.Va.), John Kennedy (R-La.), Susan Collins (R-Maine), Mazie Hirono (D-Hawaii), Rand Paul (R-Ky.), Roger Wicker (R-Miss.), Thomas Carper (D-Del.), Deb Fischer (R-Neb.), Marco Rubio (R-Fla.), Ben Sasse (R-Neb.), Bill Cassidy (R-La), Christopher Murphy (D-Conn.), Tom Cotton (R-Ark.), David Perdue (R-Ga.), John Thune (RS.D.), Shelley Capito (RW.Va.), Steve Daines (R-Mont.), Ron Johnson (R-Wis.), Lindsey Graham (RS.C.), Tim Scott (RS.C.), Michael Rounds (RS.D.), Dan Sullivan (R-Alaska), Joni Ernst (R-Iowa), James Lankford (R-Okla.), Mitt Romney (R-Utah), Richard Burr (RN.C.), Michael Enzi (R-Wyo.), Tom Udall (DN.M.), Martin Heinrich (DN.M.), Martha McSally (R-Ariz.), Josh Hawley (R-Mo.), Mike Braun (R-Ind.), Jacky Rosen (D-Nev.) and Kevin Cramer (RN.D.) also signed onto the letter. 

The full text of the letter is available HERE and below:

 

Dear Administrator Verma:

 

We write to express our strong support for Medicare Advantage and the high-quality care it provides to more than 21 million seniors and individuals with disabilities. We appreciate the Administration’s recognition of the value of Medicare Advantage and its work to encourage innovation for these private health plans. As annual updates are considered for 2020, we ask you to continue to strengthen and grow this proven part of the Medicare program by proposing policies that provide stability and predictability.

 

Millions of our constituents depend on Medicare Advantage for quality, patient-centered health care. Beneficiary enthusiasm for the program remains strong, with more than one in three seniors enrolled. This is due, in part, to private plans’ ability to leverage best practices in care delivery, use robust data analytics, and implement proven value-based care and care management models. Medicare Advantage enrollees report a 91 percent satisfaction rate, with 74 percent of enrollees in plans rated four Stars and above.

 

The Centers for Medicare and Medicaid Services recently announced average Medicare Advantage premiums are estimated to decrease by six percent in 2019. Meanwhile, beneficiary enrollment has increased by eight percent in the past year and 79 percent since 2010, a testament to the affordability, high-quality care coordination, disease management and community-based programs, and supplemental benefits such as vision and dental coverage provided by Medicare Advantage plans. Further, bipartisan efforts are helping to reduce beneficiary costs by increasing the use of telemedicine, promoting value-based insurance design, and expanding benefits that address social determinants of health by including transportation, nutrition, and other non-medical needs that enhance quality of life.

 

For plan year 2020, we encourage the Administration to implement policies that promote innovation, provide predictable funding to support long-term, value-based arrangements, and ensure that any substantive changes include sufficient time for thorough evaluation and stakeholder engagement.

 

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WASHINGTON — Today, U.S. Sen. Mark R. Warner (D-VA) met with Secretary of the Army Dr. Mark Esper and pressed him on what the Army is doing to resolve serious hazards in military housing reported at several bases in Virginia.

A recent investigation by Reuters alleged significant problems in base housing such as cockroaches, mice, mold and leaks, and described the difficulty that military families have encountered in getting the private management companies that own and operate the housing to address issues posing health hazards for families living in the homes. As part of its investigation, Reuters identified problems at several facilities across the country, including Fort Belvoir, Quantico, Oceana Naval Air Station, and other military bases in Hampton Roads. 

“Our nation’s military families deserve better than this. They deserve safe and healthy housing, free from mold, lead, pests, and other hazards,” said Sen. Warner. “In our meeting today, I told Secretary Esper that I expect the Army to make improving military housing conditions a top priority and hold accountable any companies who may have profited off the mistreatment of military families.” 

In November, Warner sent a letter to Secretary of Defense James Mattis regarding the “unacceptable conditions” documented in the homes. In the letter, he demanded a briefing from the Defense Department on the current situation, as well as a plan from DoD to ensure the safety of military families residing in private housing moving forward. 

In August, Sen. Warner – along with Sens. Tim Kaine (D-VA), David Perdue (R-GA) and Johnny Isakson (R-GA) – also pressed Secretary Esper to address problems with lead poisoning affecting families at several Army bases around the country, including Fort Belvoir.

This isn’t the first time Sen. Warner has intervened on behalf of military families experiencing health hazards in military housing. Back in 2011, dozens of military families stationed in Norfolk described problems with Lincoln Military Housing, one of the contractors identified in Reuters’ recent reporting. As now, the affected families – experiencing issues such as leaks, mold, and infestation – recounted major difficulties in getting the company or the Navy to take the complaints seriously. After Sen. Warner got involved, however, Navy brass and Lincoln executives pledged to improve their responsiveness, and the company took steps to address mold and other hazards.  

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement on President Trump's State of the Union address: 

"What I had hoped to hear from the President tonight was  a plan to make sure our government stays up and running ten days from now, and a willingness to work with Congress to make sure that a shutdown never happens again. Unfortunately, what the American people got was more of the same partisan fear-mongering and one-sided demands. It's deeply disappointing to the hundreds of thousands of federal workers and contractors across the Commonwealth and the country who are once again bracing for the worst." 

 

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Washington, D.C. – U.S. Senators Marco Rubio (R-FL), Chris Van Hollen (D-MD), Susan Collins (R-ME), Mark Warner (D-VA), Jerry Moran (R-KS), Elizabeth Warren (D-MA), and Doug Jones (D-AL) today re-introduced the ZTE Enforcement Review and Oversight (ZERO) Act, a bipartisan bill to enforce full compliance by ZTE, a Chinese state-directed telecommunications firm that repeatedly violated U.S. laws, with all probationary conditions in the Commerce Department’s July 2018 deal to lift the denial order’s seven-year ban against the export of U.S. parts and components to ZTE. If the Commerce Secretary cannot regularly certify ZTE’s full compliance with the deal and with relevant U.S. export controls and sanctions laws, the denial order’s crippling punishments will be reinstated against ZTE. 

“When it comes to violating U.S. sanctions and deceiving our government, ZTE is a repeat offender. Companies like ZTE threaten our security and compromise American interests but this administration has failed to hold them accountable. This much-needed legislation will force the telecom firm to play by the rules by imposing punitive measures if ZTE once again violates trade restrictions or its agreement with the U.S,” said Senator Warner, Vice Chairman of the Senate Select Committee on Intelligence.

“I am proud to reintroduce this bipartisan bill to hold the Chinese state-directed telecoms company, ZTE, accountable for repeated violations of U.S. exports controls and sanctions laws," Senator Rubio said. “China’s communist government continues to threaten our national security interests through state-directed actors and, while it was a mistake to strike a ‘deal’ with ZTE in the first place, this bill would ensure ZTE is held accountable if and when it cheats again.” 

“ZTE’s actions represent a threat to our national security. While we work on a broader strategy to combat China’s theft of advanced U.S. technology and brazen violation of U.S. law, we must act to ensure ZTE is not able to violate the current agreement with the Department of Commerce or break our laws. This bipartisan legislation will help hold their feet to the fire and should be considered without delay,” Senator Van Hollen said. 

“Having continuously violated American sanctions on Iran and North Korea, ZTE’s disregard for U.S. laws undermines our national security interests and cannot be tolerated,” Senator Collins said. “Our bipartisan bill would require the Department of Commerce to monitor ZTE and effectively put ZTE out of business if they are found to be noncompliant, ensuring the safety of our economy and national security.” 

“ZTE – with the support of the Chinese government – has repeatedly violated U.S. sanctions, and they must be held accountable for their actions,” Senator Moran said. “The bipartisan ZERO Act would authorize the Commerce Department to monitor ZTE and make certain they are not violating the current trade agreement. I urge my colleagues to support this legislation to protect our national security interests from bad actors and ensure ZTE faces severe penalties if they break the law again.” 

“ZTE must be held accountable for violating our sanctions laws and threatening U.S. national security interests, not given a slap on the wrist and allowed to do business in the United States,” Senator Warren said. “I’m glad to work with Senators in both parties on a bill to ensure that this company faces severe penalties if it breaks the law again or violates its settlement agreement.”

 

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WASHINGTON, D.C. - Today, U.S. Senators Mark Warner and Tim Kaine announced $1,262,495 million in federal funding through the U.S. Department of Health and Human Services (HHS) for the University of Virginia. The funding will be used to conduct medical research regarding heart disease, neurological disorders, and identifying pathways for infections. 

“We’re excited to announce funding to support medical research in these important fields,” the Senators said. “The University of Virginia is a leader in the medical community and these funds can ensure its research departments have the resources they need to conduct thorough, life-saving work.”

The following programs will receive funding:

  • Heart and Vascular Diseases Research will receive $782,464.
  • Clinical Research Related to Neurological Disorders will receive $399,281.
  • Allergy, Immunology, and Transplantation Research will receive $80,750.

The funds were awarded through HHS’s National Institutes of Health (NIH), the largest funder of biomedical research in the world. NIH-funded research has led to breakthroughs in new treatments, expanding life spans, and building healthier lives. 

 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced today that the U.S. Department of Labor (DOL) has approved $1,100,000 in federal funding for Pathways-VA, a program for at-risk young people in Petersburg, Virginia.

“We are proud to announce that this funding will help Pathways-VA continue to serve low-income communities in Petersburg,” said the Senators. “We look forward to seeing them utilize this funding to provide more job preparation and apprenticeship opportunities to young people.”

Pathways-VA, Inc., is a non-profit that seeks to activate the untapped talent of low-income youth. It guides them in completing high school or state equivalency degree programs, and teaches them the skills they need to work in occupations that are locally in demand. The Petersburg-based organization also works to revitalize neighborhoods by placing newly-trained individuals in employment positions that help meet critical housing and nutritional needs within the community.    

The grants were issued to groups across the country that participate in YouthBuild, a DOL program. YouthBuild aims to break the cycle of poverty in vulnerable communities by providing partner organizations with funding to train young adults to build housing for low-income or homeless individuals. The program also allows grantees to offer training in other industries, such as health care, information technology, hospitality and retail services and logistics. Grants ranged from approximately $700,000 to $1.1 million each and were awarded to 81 YouthBuild programs in 32 states. Pathways-VA received the highest possible award amount.

 In the Senate, Warner and Kaine have prioritized career and technical education (CTE) training to ensure that Virginia is competitive in the global economy by having a skilled workforce to fill available jobs. The Senators know that CTE is an important pathway for success, and have worked to create a better understanding of the critical role that workforce training programs play in growing our economy. Warner and Kaine have supported funding for YouthBuild through the appropriations process.

 

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WASHINGTON, D.C. – Today, U.S. Senators Mark Warner and Tim Kaine released the following statement after the Navy and Huntington Ingalls Industries announced a final contract to block buy two Ford-class aircraft carriers:

“A big congratulations is due to the Navy and Huntington Ingalls Industries for finalizing a deal that will save 4 billion in taxpayer dollars and help keep the country safe,” Senators Warner and Kaine said. “Virginia’s shipbuilders make the finest carriers in the world, and we have long pushed the Navy to make this smart investment by block buying the newest class of ships. We are also glad that this move will help provide stability for the Hampton Roads defense community, ensuring that the shipyards can maintain the workforce they will need to help us reach the Navy’s goal of a 355-ship fleet.”   

Warner and Kaine have long supported the block buying of aircraft carriers. As a member of the Senate Armed Services Committee, Kaine championed language that was included in the annual defense bill to allow for a block buy. Warner and Kaine both supported this effort in funding bills and discussed the benefits with military leadership.

 

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Washington, D.C. – U.S. Senators Susan Collins (R-ME), the Chairman of the Aging Committee, and Mark Warner (D-VA) introduced the SIMPLE Plan Modernization Act to provide greater flexibility and access to small businesses and their employees seeking to utilize the popular SIMPLE plans as an option for saving for retirement.   

“Financial advisors from Presque Isle to Portland have shared their concerns that neither employees nor their employers are in a good position to save for retirement,” said Senator Collins.  “The SIMPLE Plan Modernization Act is a win-win proposition for retirement security, encouraging small business owners and their employees to take steps to save for retirement.”

“The changing nature of work has made it more challenging for many Americans to plan for their retirement,” said Senator Warner.“This commonsense legislation will make it easier for small businesses to support their workforce in saving for retirement.”

Congress established SIMPLE (Savings Incentive Match Plan for Employees) retirement plans in the Small Business Job Protection Act of 1996 to encourage small businesses to provide their employees with retirement plans.  Retirement plans among small employers continue to be scarcer than among medium and large employers.  While these smaller businesses have access to tax-favored retirement savings plans (including traditional 401(k)s), those plans are more expensive to administer. 

Businesses with 100 or fewer employees may currently create SIMPLE retirement savings accounts for their employees, so long as the employers do not have another employer-sponsored retirement plan.

The proposed legislation would increase the contribution limit for SIMPLE plans.  Increasing the limit would achieve two basic goals: 1) Encourage more small business employers to offer a retirement savings benefit to their employees and 2) Allow small business employees to save even more each year on a tax-deferred basis.

 

The SIMPLE Plan Modernization Act would:

  1. Raise the contribution limit for SIMPLE plans from $12,500 to $16,000 (halfway between current SIMPLE plans and traditional 401(k)s) for the smallest businesses (1 to 25 employees), with a corresponding increase in the catch-up limit from $3,000 to $4,500.
  1. Give businesses with 26 to 100 employees the option of the higher contribution limits, and, in order to continue to encourage them to transition to 401(k)s when they can do so, increase their SIMPLE plan mandatory employer contribution requirements by one percentage point if they elect the higher limits.   
  1. Allow for a reasonable transition period for employers that grow beyond 25 employees.
  1. Make the limit increases unavailable if the employer has had another defined contribution plan within the past three years (to encourage businesses that already have qualified plans to retain them).
  1. Modernize SIMPLE plan form filing requirements and modify the transition rules from SIMPLE plans to traditional plans to facilitate and encourage such transitions. 
  1. Direct Treasury to study the use of SIMPLE plans and report to Congress on such use, along with any recommendations.

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) announced that he will be inviting a federal employee who works in Petersburg, Va., as his guest to the President’s State of the Union address on Tuesday evening. Cheryl Nazar, a nurse at a federal prison, is one of the thousands of federal employees who were hurt by the 35-day government shutdown, the longest in U.S. history.

“As a public servant working one of the most dangerous jobs in the country, for 35 days Cheryl had to continue providing care for inmates, despite the fact that her own safety and security was being compromised by the government shutdown,” said. Sen. Warner. “Since President Trump never took the time to meet with any federal workers during the shutdown, I hope Cheryl’s presence at the State of the Union will send a message that there are real people with real families who shouldered the burden of his shutdown, and make clear to the President that we can’t afford another.” 

On December 22, 2018, funding lapsed for the Federal Bureau of Prisons, furloughing up to half its 36,000-person staff and forcing the rest, including prison guards, to work for the duration without pay. During the shutdown, correctional officers were frequently forced to work extended shifts, resulting in potentially dangerous levels of fatigue. Other staff without the proper training were sometimes called upon to fill in for prison guards who, struggling to support their families without their regular paychecks, called out sick in order to work second jobs – leading to understaffed conditions that put the safety of prison employees like Cheryl Nazar, a nurse, at risk. 

As she faced increasingly dangerous conditions at work, Cheryl was also struggling to make ends meet without a paycheck. To weather the shutdown, Cheryl and her husband had to dip into their limited savings, which were close to exhausted by the time the government re-opened after 35 days. The Nazars also had to put their plans to buy a new home on hold as a result of the financial uncertainty caused by the shutdown. Although Cheryl received her back pay on Thursday, January 31, there is a growing fear that President Trump may again shut down the government when funding runs out on February 15 – once again putting Cheryl’s paycheck and security at risk.  

Virginia is home to more than 170,000 federal employees and thousands of federal government contractors. During the 35-day government shutdown, Sen. Warner focused on listening to Virginians affected by the shutdown and sharing their stories. He has introduced legislation to end the threat of future shutdowns and protect federal government workers from being used as pawns in political negotiations. To reduce the financial hardships caused by the recent 35-day shutdown, Sen. Warner introduced legislationthat the President signed into law, securing back pay for federal workers, and he has also sponsored bipartisan legislation to provide back pay to low- and middle-wage federal contractor service employees affected by the government shutdown. 

 

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WASHINGTON – Today, U.S. Senators and former Governors of Virginia Mark R. Warner and Tim Kaine along with Congressman Bobby Scott released the following statement:

“After we watched his press conference today, we called Governor Northam to tell him that we no longer believe he can effectively serve as Governor of Virginia and that he must resign. Governor Northam has served the people of the Commonwealth faithfully for many years, but the events of the past 24 hours have inflicted immense pain and irrevocably broken the trust Virginians must have in their leaders. He should step down and allow the Commonwealth to begin healing.”

 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, reintroduced legislation to modernize our antiquated security clearance system, reduce the background investigation backlog and ensure the government has the trusted workforce necessary to perform its national security and public safety missions. Last year, the U.S. Government Accountability Office (GAO) added the government-wide Personnel Security Clearance Process to their High-Risk List of federal areas in need of broad-based transformation or specific reform to prevent waste, fraud, abuse and mismanagement.  This legislation was first introduced in December 2018 and draws on provisions from the Intelligence Authorization Act for Fiscal Years 2018/2019, which was unanimously reported out of the Senate Select Committee on Intelligence in June 2018. 

Sen. Warner also wrote to acting White House Chief of Staff Mick Mulvaney, Director of National Intelligence Coats and other key officials, to reiterate his call for urgent and aggressive implementation of needed reforms. 

“The current vetting process for security clearances and positions of trust is too complicated, takes too long, costs too much, and fails to capitalize on modern technology and processes,” wrote Sen. Warner. “We are taking too many security risks and losing talented people who are not willing to endure a years-long process. Our current system is broken and needs a revolution.” 

“In order to achieve our shared objectives, we must avoid politicizing and delaying reform efforts,” he continued. “We must act now, especially amidst allegations of inappropriate granting and revoking of clearances and anxieties caused by the government shutdown.”

The Modernizing the Trusted Workforce for the 21st Century Act would:

  • Hold the Executive Branch accountable for addressing the immediate background investigation backlog crisis.
  • Provide a plan for consolidating the National Background Investigation Bureau at the Department of Defense.
  • Implement practical reforms so that policies and clearance timelines can be designed to reflect modern circumstances. 
  • Require that reforms be implemented equally for all departments, and for personnel requiring a clearance, regardless of whether they are employed by the government or industry.
  • Strengthen oversight of the personnel vetting apparatus by codifying the Director of National Intelligence’s responsibilities as the Security Executive Agent.
  • Promote innovation, including by analyzing how a determination of trust clearance can be tied to a person, not to an agency’s sponsorship. 

“PSC and the contractor community owe Vice Chairman Warner thanks for his tenacious and persistent focus on modernizing and streamlining the federal government’s security clearance processes,” said David J. Berteau, president and CEO of the Professional Services Council. “Excessive backlogs and wait times add risk to government missions, contract performance, and the ability of both the government and contractors to recruit and hire the talent we need. Enactment of the Modernizing the Trusted Workforce for the 21st Century Act will reduce these negative impacts while maintaining integrity in the system and better protecting our national security.”

“We deeply appreciate Senator Warner’s leadership on critical security clearance reform. For our members to attract and retain technology talent, we must seriously reduce the clearance cycle time. This is crucial for our ability to serve the nation effectively,”said Bobbie Kilberg, CEO of the Northern Virginia Technology Council.  

“While the security clearance backlog is slowly getting smaller, we need urgent steps to ensure the U.S. government and U.S. companies doing critical national security work can recruit, hire, and retain talented individuals to work on classified programs. AIA supports the Modernizing the Trusted Workforce for the 21st Century Act of 2018 as a positive step towards resolving the security clearance backlog and positioning us to employ the workforce essential to ensuring our security into the future," said Eric Fanning, President and CEO of the Aerospace Industries Association. 

Sen. Warner has been a strong voice on security clearance reform, urging the White House to prioritize reforms to the clearance process. 

During the recent partial government shutdown, Sen. Warner wrote to the Administration to ensure that federal employees did not have their security clearances jeopardized through no fault of their own, due to their loss of pay.

For more information on this legislation, click here. 

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

 

 

January 31, 2019

 

The Honorable Mick Mulvaney

Acting White House Chief of Staff

The White House

Washington, DC  20503

 

The Honorable Margaret Weichert

Deputy Director of the Office of Management & Budget,

Acting Director, Office of Personnel Management

Chair, Performance Accountability Council

The White House

Washington, DC 20503

 

The Honorable Daniel Coats

Director of National Intelligence

Washington, DC 20511

 

The Honorable Joseph Kernan

Under Secretary of Defense for Intelligence

5000 Defense Pentagon

Washington, DC 20301-5000

 

Dear Mr. Mulvaney, Ms. Weichert, Mr. Coats, and Mr. Kernan:

 

I write you to reiterate my March 13 and September 25, 2018, letters to then-chief of staff John F. Kelly, calling for urgent and aggressive implementation of reforms to the government’s antiquated process for ensuring we have a trusted government and contract workforce.

 

The current vetting process for security clearances and positions of trust is too complicated, takes too long, costs too much, and fails to capitalize on modern technology and processes.  We are taking too many security risks and losing talented people who are not willing to endure a years-long process.  Our current system is broken and needs a revolution.  In order to achieve our shared objectives, we must avoid politicizing and delaying reform efforts.  We must act now, especially amidst allegations of inappropriate granting and revoking of clearances and anxieties caused by the government shutdown.

 

A new vetting paradigm should be built on a few basic principles, delineated in a bill I introduced last year and am reintroducing in the 116th Congress, S. 3724, Modernizing the Trusted Workforce for the 21st Century Act of 2018.

 

·         Accountability: requiring plans for reducing the background investigation inventory to a steady state of roughly 200,000 from its high point of 725,000 in April 2018; consolidating the National Background Investigation Bureau (NBIB) in the Department of Defense; and maintaining transparency in the costs of background investigations; and ensuring reciprocity. 

 

·         Reform: rethinking the current suite of investigative methods; adopting consistent and clear policy for interim clearances, uniform treatment of government and contract personnel, and use of automated records checks; setting bold design goals to process applications for SECRET clearances in 30 days and TOP SECRET clearances in 90 days; and ensuring prompt reciprocity. 

 

·         Oversight: codifying the roles and responsibilities of the DNI as the government’s Security Executive Agent in statute.  

 

·         Innovation: employing a process that reflects current threats, a mobile workforce, and modern technologies; reduces the complexity of a five-tier system; enables sharing of derogatory information between and among government agencies and contractors; and reexamines which positions even need a clearance.

 

The good news is that I believe the executive branch is contemplating many of these reforms.  An executive order to consolidate NBIB at the Department of Defense has been under consideration for many months.  The Performance Accountability Council is poised to implement a Trusted Workforce 2.0 initiative with a comprehensive policy and process framework, but that first requires White House endorsement. 

 

I urge you to act swiftly and aggressively to push forward these much needed reforms.

 

I stand ready to help provide legislative and oversight leadership an effective, efficient, accountable, and fair process to ensure we have a trusted workforce.

 

Sincerely,

 

###

WASHINGTON – Sen. Mark R. Warner (D-VA) wrote to the Small Business Administration (SBA) today to express concern and solicit information on the backlog of loans created by the partial government shutdown. The 35-day lapse in appropriations jammed the approval process of SBA loans—a particularly alarming fact for Virginia, where 1.5 million individuals, nearly half of the Commonwealth’s employees, are employed by small businesses.

“I fear the fallout from the Administration’s 35-day shutdown will slow Virginia’s economic growth and innovation,” wrote Sen. Warner. “According to some estimates, the shutdown delayed about $2 billion in SBA lending and more than 300 small business loans per day. A backlog of loan applications could have a chilling effect on small businesses’ confidence, investment, and hiring.” 

According to SBA’s shutdown contingency plan, more than 2,000 SBA positions were subject to furlough, freezing essential loan programs that allow individuals to start or expand businesses, make essential repairs and refinance debt. SBA loans are vital contributors to innovation and growth and have been used by the founders of companies like Under Armour, Chipotle and Apple to kick-start their businesses.

“News reports shared the stories of small business owners who had to cancel SBA-financed expansion plans because of the shutdown, as well as entrepreneurs who were unable to access SBA loans to open their businesses,” Sen. Warner continued.“Throughout the 35-day period, Americans hoping to obtain an SBA loan to start or expand their small business had to put their ambitions on hold — or turn to more costly capital alternatives— while they waited for the government to get its act together. I am deeply concerned with backlog left for SBA employees now that the shutdown is over, and other impacts the lapse in funding had on SBA’s vital functions.”

In his letter to SBA Administrator Linda McMahon, Sen. Warner asked for information in order to evaluate the shutdown’s lasting damage on small businesses. Specifically, he requested a list of all functions that were reduced or postponed. He also asked about the number of loan applications in the backlog and about SBA’s plan to address this backlog.

A PDF copy of the letter is available here and the text appears below.

 

January 31, 2019

 

Linda McMahon

Administrator

Small Business Administration

403 3rd Street, SW

Washington, DC 20024

 

Dear Administrator McMahon:

 

I write to raise concerns with a potential backlog of Small Business Administration (SBA) loans created by the government shutdown. Virginia has over 680,000 small businesses, which collectively employ approximately 1.5 million Virginians, almost half of the Commonwealth’s employees.[1] The Commonwealth’s economy, like our nation’s economy, depends on our small businesses and entrepreneurs. I fear the fallout from the Administration’s 35-day shutdown will slow Virginia’s economic growth and innovation.

 

Support from the SBA has been a key contributor to our nation’s innovation leadership, providing early funding and resources to renowned companies such as Apple, HP, Intel, FedEx, and AOL in the early years.[2] Under Armour was started by founder Kevin Plank with the help of a small SBA loan at just 23 years old. Chipotle used a SBA loan to open a third store setting the food chain on a path to open more than 2,450 restaurants and to employ over 70,000 people.

 

According to SBA’s Lapse Appropriations Contingency Plan, over 2,000 positions at the agency were subject to furlough. Moreover, reports indicated that, during the shutdown, the SBA stopped approving routine small business loans upon which entrepreneurs and established firms depend. According to some estimates, the shutdown delayed about $2 billion in SBA lending and more than 300 small business loans per day. A backlog of loan applications could have a chilling effect on small businesses’ confidence, investment, and hiring. 

 

For over a month, the reduced flow of capital put many small businesses in a precarious position. News reports shared the stories of small business owners who had to cancel SBA-financed expansion plans because of the shutdown, as well as entrepreneurs who were unable to access SBA loans to open their businesses. Throughout the 35-day period, Americans hoping to obtain an SBA loan to start or expand their small business had to put their ambitions on hold — or turn to more costly capital alternatives— while they waited for the government to get its act together.

 

I am deeply concerned with backlog left for SBA employees now that this shutdown is over, and other impacts the lapse in funding had on SBA’s vital functions. To assess the lasting damage that the shutdown has caused, please provide me with the following information:

 

1.      A list of all SBA functions that were stopped or reduced during the lapse in funding.

 

2.      The number of loan applications that are in the backlog. 

 

3.      How will SBA address the loan backlog that was created by this shutdown?

 

I appreciate the vital functions SBA provides to small businesses and entrepreneurs in Virginia and across the country. I hope the SBA can quickly dig out of the hole in which the Administration placed both your agency and our nation’s small businesses.  

 

Thank you for your attention to this matter.

 

 

 

Sincerely,

 

###

 

 



[1] Small Business Administration, “Virginia Small Business Profile,” 2018, available at https://www.sba.gov/sites/default/files/advocacy/Virginia.pdf

[2] Small Business Administration, “SBIC Early Stage Initiative,” available at https://www.sba.gov/sites/default/files/articles/SBIC-Early-Stage-Initiative.pdf

WASHINGTON – U.S. Senators Jerry Moran (R-Kan.), Mark Warner (D-Va.), Roy Blunt (R-Mo.) and Amy Klobuchar (D-Minn.) today reintroduced the Startup Act – bipartisan, cutting-edge legislation to encourage job creation, grow entrepreneurial activity, increase innovation and advance economic development.

The Startup Act would accelerate the commercialization of university research and creative inquiry that can lead to new ventures, review and improve the regulatory processes at the federal, state and local levels, and modernize a critical Economic Development Administration (EDA) program to spur economic growth and promote innovation. The widely-supported legislation also creates both entrepreneur and STEM visas for highly-educated individuals so they can remain in the United States legally to promote new ideas, fuel economic opportunity and create good-paying American jobs.

“America continues to fall behind in new business development and struggles to retain top talent that could grow our U.S. economy,” said Sen. Moran. “With a renewed sense of urgency, Congress must prioritize policies that will help recruit and retain highly-skilled students and innovators, bolster a pro-growth environment and enable entrepreneurs to transform ideas and research into companies and products – creating meaningful, good-paying jobs for Americans in the process. Thank you to Senators Mark Warner, Roy Blunt and Amy Klobuchar for continuing to prioritize this important legislation to help make certain America remains the best place in the world to bring an idea to market and grow a business.” 

“I’ve spent most of my career in the private sector so I know the importance of advancing innovation,” said Sen. Warner. “By encouraging entrepreneurship and helping attract and retain talented individuals, this bipartisan bill will help Virginia promote capital investment while boosting our economy and promoting U.S. competitiveness.”  

“To compete and succeed in a 21st Century global economy, we have to make our country the best place in the world for entrepreneurs to start and grow their businesses,” said Sen. Blunt. “This bill will help promote innovation and small business growth, which in turn will create more jobs and strengthen the economy. The legislation will also increase U.S. competitiveness by making sure we have the workforce we need for high-demand STEM fields. 

“Startups and small businesses are engines of job creation and economic growth,” said Sen. Klobuchar. “Our bipartisan bill would make it easier for students and innovators to get their ideas off the ground, encourage new ideas, and strengthen our workforce to keep the U.S. competitive in the 21st century economy.”

Many of the principles included in the Startup Act are based on the research and analysis by the Ewing Marion Kauffman Foundation, based in Kansas City, Mo. Kauffman research shows that immigrants to the United States are nearly twice as likely as native-born Americans to start businesses, and first-generation immigrants now make up nearly 30 percent of all new U.S. entrepreneurs.

Data shows that international students studying in the U.S. on temporary visas accounted for nearly two-fifths of all Ph.D.s in STEM fields – that number has doubled over the past three decades. Further, international doctoral students were significantly more likely than domestic students to major and earn degrees in STEM disciplines in the U.S.

The Startup Act is supported by Sprint, Garmin, the Enterprise Center of Johnson County, the Kansas City Startup Foundation, Engine, the UMKC Innovation Center, the KC Tech Council, the Internet Association, the Consumer Technology Association, CTIA, SSTI, CompTIA, the Angel Capital Association, the Computer and Communications Industry Association, National Venture Capital Association, the Center for American Enterprise and the Information Technology Industry Council. 

Full text of the bill can be found here.

 

# # #

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) and Ben Cardin and Chris Van Hollen (both D-MD) released on the following statement on the findings of a U.S. Government Accountability Office (GAO) report regarding Washington Metropolitan Area Transit Authority’s (WMATA) capital planning and maintenance program: 

“We requested the GAO study because we were concerned – after multiple safety lapses – about WMATA’s capital funding of and processes for performing maintenance work and replacing capital assets. As their audit found, putting in place clear project ranking methodology, measuring program performance, and developing an accurate inventory of assets will all be critical to improving performance of the Metro system. We appreciate GAO’s work, as well as WMATA’s ongoing efforts to address these recommendations. We plan to give this information careful consideration as we move forward to introduce important WMATA legislation in the coming weeks.”

 

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WASHINGTON, D.C.  Today, 10 years after the week President Obama signed the Lilly Ledbetter Fair Pay Act, U.S. Senators Mark R. Warner and Tim Kaine joined Senator Patty Murray to reintroduce the Paycheck Fairness Act, legislation that would strengthen the Equal Pay Act of 1963 and guarantee that women can challenge pay discrimination and hold employers accountable. According to the National Women’s Law Center, today’s wage gap in Virginia would cost a woman on average $482,000 over a 40-year career, when compared to a man.

“More than half a century ago, Congress passed the Equal Pay Act to ensure that women in Virginia and across the country aren’t paid less than men for doing the same work. Unfortunately in 2019, the fight for equal pay isn’t over,” Warner said. “This bill will help drive wages up for women and combat discriminatory practices that have held women back from climbing the career and economic ladder.”

“This should be obvious: Women deserve equal pay. Yet women are still only paid 80 cents for every dollar paid to men, and the disparity is even worse for women of color. This is not just a ‘women’s issue’; it’s a family and economic issue. I’m proud to cosponsor the Paycheck Fairness Act because we must close the gender pay gap and end pay discrimination. I hope Congress will pass this commonsense bill to help families succeed,” Kaine said. 

The Paycheck Fairness Act would strengthen and close loopholes in the Equal Pay Act of 1963 by holding employers accountable for discriminatory practices, ending the practice of pay secrecy, easing workers’ ability to individually or jointly challenge pay discrimination, and strengthening the available remedies for wronged employees. The Senate legislation has 45 cosponsors.

 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) sent a letter to Facebook CEO Mark Zuckerberg, raising concerns about reports indicating efforts by the company to monitor users’ device activity without fully disclosing Facebook’s involvement or the purposes of the data-gathering.

On January 29, the online outlet TechCrunch reported that under the auspices of partnerships with beta-testing firms, Facebook secretly paid users aged 13 to 35 to sell their privacy by installing  a “Facebook Research” VPN that lets the company suck in users’ phone and web activity. Earlier reporting from the Wall Street Journal had previously revealed the existence of a similar surveillance app that Facebook utilized to track user activity and neutralize potential competitors.

“In both the case of Onavo and the Facebook Research project, I have concerns that users were not appropriately informed about the extent of Facebook’s data-gathering and the commercial purposes of this data collection. Facebook’s apparent lack of full transparency with users – particularly in the context of ‘research’ efforts – has been a source of frustration for me,” Warner told Zuckerberg.

He added, “In large part for this reason, I am working on legislation to require individualized, informed consent in all instances of behavioral and market research conducted by large platforms on users. Fair, robust competition serves as an impetus for innovation, product differentiation, and wider consumer choice.”

Sen. Warner posed a series of questions for Zuckerberg regarding the company’s decision to track user data, including:

  • Do you think any user reasonably understood that they were giving Facebook root device access through the enterprise certificate? What specific steps did you take to ensure that users were properly informed of this access? 
  • Do you think any user reasonably understood that Facebook was using this data for commercial purposes, including to track competitors?
  • Will you release all participants from the confidentiality agreements Facebook made them sign?
  • As you know, I have begun working on legislation that would require large platforms such as Facebook to provide users, on a continual basis, with an estimate of the overall value of their data to the service provider. In this instance, Facebook seems to have developed valuations for at least some uses of the data that was collected (such as market research). This further emphasizes the need for users to understand fully what data is collected by Facebook, the full range of ways in which it is used, and how much it is worth to the company. Will you commit to supporting this legislation and exploring methods for valuing user data holistically?
  • Will you commit to supporting legislation requiring individualized, informed consent in all instances of behavioral and market research conducted by large platforms on users?

Last year, Sen. Warner called on the social media companies to work with Congress and provide feedback on ideas he put forward in a white paper discussing potential policy solutions to challenges surrounding social media, privacy, and data security. He plans to introduce legislation in early 2019.

The text of the letter appears below. A copy of the letter is also available here.

Mark Zuckerberg
Chairman and Chief Executive Officer
Facebook, Inc.
1 Hacker Way
Menlo Park, CA 94025

Dear Mr. Zuckerberg:

I write to express concerns about allegations of Facebook’s latest efforts to monitor user activity. On January 29th, TechCrunch revealed that under the auspices of partnerships with beta testing firms, Facebook had begun paying users aged 13 to 35 to install an enterprise certificate, allowing Facebook to intercept all internet traffic to and from user devices.  According to subsequent reporting by TechCrunch, Facebook relied on intermediaries that often “did not disclose Facebook’s involvement until users had begun the signup process.” Moreover, the advertisements used to recruit participants and the “Project Disclosure” make no mention of Facebook or the commercial purposes to which this data was allegedly put.

This arrangement comes in the wake of revelations that Facebook had previously engaged in similar efforts through a virtual private network (VPN) app, Onavo, that it owned and operated. According to a series of articles by the Wall Street Journal, Facebook used Onavo to scout emerging competitors by monitoring user activity – acquiring competitors in order to neutralize them as competitive threats, and in cases when that did not work, monitor usage patterns to inform Facebook’s own efforts to copy the features and innovations driving adoption of competitors’ apps.  In 2017, my staff contacted Facebook with questions about how Facebook was promoting Onavo through its Facebook app – in particular, framing the app as a VPN that would “protect” users while omitting any reference to the main purpose of the app: allowing Facebook to gather market data on competitors.

Revelations in 2017 and 2018 prompted Apple to remove Onavo from its App Store in 2018 after concluding that the app violated its terms of service prohibitions on monitoring activity of other apps on a user’s device, as well as a requirement to make clear what user data will be collected and how it will be used. In both the case of Onavo and the Facebook Research project, I have concerns that users were not appropriately informed about the extent of Facebook’s data-gathering and the commercial purposes of this data collection.

Facebook’s apparent lack of full transparency with users – particularly in the context of ‘research’ efforts – has been a source of frustration for me. As you recall, I wrote the Federal Trade Commission in 2014 in the wake of revelations that Facebook had undertaken a behavioral experiment on hundreds of thousands of users, without obtaining their informed consent. In submitted questions to your Chief Operating Officer, Sheryl Sandberg, I once again raised these concerns, asking if Facebook provided for “individualized, informed consent” in all research projects with human subjects – and whether users had the ability to opt out of such research. In response, we learned that Facebook does not rely on individualized, informed consent (noting that users consent under the terms of the general Data Policy) and that users have no opportunity to opt out of being enrolled in research studies of their activity.  In large part for this reason, I am working on legislation to require individualized, informed consent in all instances of behavioral and market research conducted by large platforms on users. 

Fair, robust competition serves as an impetus for innovation, product differentiation, and wider consumer choice. For these reasons, I request that you respond to the following questions:

  1.  Do you think any user reasonably understood that they were giving Facebook root device access through the enterprise certificate? What specific steps did you take to ensure that users were properly informed of this access? 
  2. Do you think any user reasonably understood that Facebook was using this data for commercial purposes, including to track competitors?
  3. Will you release all participants from the confidentiality agreements Facebook made them sign?
  4. As you know, I have begun working on legislation that would require large platforms such as Facebook to provide users, on a continual basis, with an estimate of the overall value of their data to the service provider. In this instance, Facebook seems to have developed valuations for at least some uses of the data that was collected (such as market research). This further emphasizes the need for users to understand fully what data is collected by Facebook, the full range of ways in which it is used, and how much it is worth to the company. Will you commit to supporting this legislation and exploring methods for valuing user data holistically?
  5. Will you commit to supporting legislation requiring individualized, informed consent in all instances of behavioral and market research conducted by large platforms on users?

I look forward to receiving your responses within the next two weeks. If you should have any questions or concerns, please contact my office at 202-224-2023.

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Banking and Finance Committees, joined Sen. Pat Toomey (R-PA) to introduce the Bicamerical Congressional Trade Authority Act to restore Congress’ constitutional trade responsibilities and ease the burden on Virginia businesses, manufacturers and consumers hurt by the Trump Administration’s unilateral tariffs on imported steel and aluminum.

“We need to be tough on China’s unfair and illegal trade practices. But we need to work with our allies to do it. President Trump has strained our relationships with key allies and partners by abusing the authority that Congress granted him and stretching the concept of ‘national security’ beyond credulity,” said Sen. Warner. “Virginia consumers and industries like craft beer and agriculture are hurting because of the President’s steel and aluminum tariffs. This bill would roll them back.”

“Tariffs on steel and aluminum imported into the United States are taxes paid by American consumers. The imposition of these taxes, under the false pretense of national security (Section 232), is weakening our economy, threatening American jobs, and eroding our credibility with other nations. I’ve seen, first-hand, the damage these taxes are causing across Pennsylvania,” said Sen. Toomey. “Over recent decades, Congress has ceded its constitutional responsibility to establish tariffs to the executive branch. This measure reasserts Congress’s responsibility in determining whether or not to impose national security based tariffs. I urge all of my colleagues to join this bipartisan effort.”

On March 8, 2018, President Trump unilaterally imposed tariffs on imported aluminum and steel, including products from the United States’ closest allies, like Canada, Mexico and the European Union by relying on a rarely used provision — Section 232 — under the Trade Expansion Act of 1962, claiming the imports are a threat to national security.  The Trump Administration’s across-the-board tariffs — and the retaliatory tariffs imposed by the countries affected by the Section 232 tariffs — have hit American workers and businesses hard.

Sen. Warner has met and heard from numerous businesses across the Commonwealth regarding the impact of the steel and aluminum tariffs. For example, a number of craft breweries in Virginia have shared that the tariffs have raised production costs that will limit their growth and ultimately lead to higher prices for consumers. The beer industry employs more than 28,000 people in Virginia, and contributes more $9.3 billion annually to Virginia’s economy. Virginia is home to 206 licensed breweries, a growth rate of more than 450 percent since 2012, making craft beer an important economic driver for the Commonwealth.

The bipartisan Bicameral Congressional Trade Authority Act builds on bipartisan legislation previously introduced by Sens. Warner, Toomey and retired Sen. Bob Corker (R-TN) last year. The legislation requires the president to secure approval from Congress before he takes trade actions under Section 232. Congress has 60 days to review a President’s proposal to impose tariffs, which would be guaranteed expedited consideration and a path to an up-or-down vote in the House and Senate. The bill also rolls back Section 232 actions imposed within the last four years, including the tariffs on foreign steel and aluminum, unless Congress votes to keep them in place.

The Bicameral Congressional Trade Authority Act also includes provisions designed to restore national security intent to the use of Section 232. The bill codifies a definition of “national security” and requires the Department of Defense—not the Department of Commerce—to conduct future Section 232 investigations and determine whether national security is implicated.

Finally, the bill requires the International Trade Commission (ITC) to report to Congress on the downstream impact of recent and future Section 232 actions. It also mandates that the ITC administer product-wide exclusions for any future Section 232 actions.  

Additional Senate cosponsors include Sens. Ben Sasse (R-NE), Maggie Hassan (D-NH), Lamar Alexander (R-TN), Ron Johnson (R-WI), Angus King (I-ME), James Lankford (R-OK), Jerry Moran (R-KS), Brian Schatz (D-HI), and Jeanne Shaheen (D-NH).

The Bicameral Congressional Trade Authority Act has also been introduced in the House of Representatives by Rep. Mike Gallagher (R-WI) and Ron Kind (D-WI).

A summary of the legislation can be found here, legislative text can be found here.

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