Press Releases

WASHINGTON – A day ahead of the one-year anniversary of Facebook CEO Mark Zuckerberg’s congressional testimony, U.S. Sens. Mark R. Warner (D-VA) and Deb Fischer (R-NE) have introduced the Deceptive Experiences To Online Users Reduction (DETOUR) Act, bipartisan legislation to prohibit large online platforms from using deceptive user interfaces, known as “dark patterns” to trick consumers into handing over their personal data.

The term “dark patterns” is used to describe online interfaces in websites and apps designed to intentionally manipulate users into taking actions they would otherwise not take under normal circumstances. These design tactics, drawn from extensive behavioral psychology research, are frequently used by social media platforms to mislead consumers into agreeing to settings and practices advantageous to the company.  

“For years, social media platforms have been relying on all sorts of tricks and tools to convince users to hand over their personal data without really understanding what they are consenting to. Some of the most nefarious strategies rely on ‘dark patterns’ – deceptive interfaces and default settings, drawing on tricks of behavioral psychology, designed to undermine user autonomy and push consumers into doing things they wouldn’t otherwise do, like hand over all of their personal data to be exploited for commercial purposes,” said Sen. Warner, a former technology executive who is Vice Chairman of the Senate Select Committee on Intelligence. “Our goal is simple: to instill a little transparency in what remains a very opaque market and ensure that consumers are able to make more informed choices about how and when to share their personal information.” 

“Any privacy policy involving consent is weakened by the presence of dark patterns. These manipulative user interfaces intentionally limit understanding and undermine consumer choice. Misleading prompts to just click the ‘OK’ button can often transfer your contacts, messages, browsing activity, photos, or location information without you even realizing it. Our bipartisan legislation seeks to curb the use of these dishonest interfaces and increase trust online,” said Sen. Fischer, a member of the Senate Commerce Committee. 

Dark patterns can take various forms, often exploiting the power of defaults to push users into agreeing to terms stacked in favor of the service provider. Some examples of such actions include: a sudden interruption during the middle of a task repeating until the user agrees to consent; a deliberate obscuring of alternative choices or settings through design or other means; or the use of privacy settings that push users to ‘agree’ as the default option, while users looking for more privacy-friendly options often must click through a much longer process, detouring through multiple screens. Other times, users cannot find the alternative option, if it exists at all, and simply give up looking. 

The result is that large online platforms have an unfair advantage over users and potential competitors in forcing consumers to give up personal data such as their contacts, messages, web activity, or location to the benefit of the company. 

“The tech industry has gone unchecked for far too long. Bold action is needed on a wide scale to change the incentives in Silicon Valley with our well-being in mind, especially when it comes to kids,” said Jim Steyer, CEO of Common Sense. “This bill gets to the root of the issue – the use of manipulative and deceptive design features that trick kids and other users into giving up valuable and private information, and hook them into spending more time than is healthy online. Common Sense strongly supports Senators Warner and Fischer on this bipartisan effort to hold tech companies accountable for these practices that only harm consumers.” 

“Dark patterns are among the least humane design techniques used by technology companies in their scramble for growth at all costs. They use these measures to offer false choices that confuse or trap users into over-sharing personal information or driving compulsive use – especially from the most vulnerable users, including kids,” said Tristan Harris, Co-Founder of the Center for Humane Technology. “A system-wide rethinking of technology policy and design is in order, so CHT fully supports Senators Warner and Fisher in this bipartisan effort to place significant constraints around the ability to deceive users online. The creation of a special standards body is especially crucial to the protection of consumers, as they keep lawmakers more up-to-date and able to iterate laws at pace with the rapid change of technology.”

“We support Senators Warner and Fischer in protecting people from exploitive and deceptive practices online,” said Fred Humphries, Corporate Vice President of U.S. Government Affairs at Microsoft. “Their legislation helps to achieve that goal and we look forward to working with them.”

“People are ensnared by ‘dark patterns’ of manipulation on the Internet every day, and ending these practices is a key part of protecting people online. We need to better understand the systems that manipulate people online, and empower users to fight back. We applaud Senator Warner and Senator Fischer for introducing this legislation to curtail these troubling practices,” said Alan Davidson, Vice President of Global Policy, Trust and Security at Mozilla.

“EPIC appreciates Senator Warner and Senator Fischer’s important work to safeguard consumer privacy,” said Caitriona Fitzgerald, Electronic Privacy and Information Center (EPIC) Policy Director.  

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

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

The full bill text is available here. 

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

Sen. Warner is recognized as one of Congress’ leading voices in an ongoing public debate around social media and user privacy. 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. In addition to the DETOUR Act, in the coming weeks and months, Sen. Warner will introduce further legislation designed to improve transparency, privacy, and accountability on social media.

 

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WASHINGTON, D.C. - Today, U.S. Senators Mark R. Warner and Tim Kaine applauded $15,386,097 in federal funding through the U.S. Department of Health and Human Services (HHS) for five Virginia health clinics. This funding will allow the clinics to provide quality, affordable health care and dental services to individuals in Southwest Virginia and on the Eastern Shore.

“We’re pleased to announce federal funding to ensure these clinics can continue to offer valuable care to their communities,” the Senators said. “The clinics are dedicated to enhancing the quality of life for Virginians by ensuring their patients can access the medical, dental, and preventative health services they need.”

The following clinics will receive funding:

  • Clinch River Health Services Inc. of Dungannon, VA will receive $1,297,415
  • St. Charles Health Council Inc. of Jonesville, VA will receive $4,553,688
  • Tri-Area Community Health of Laurel Fork, VA will receive $2,301,604
  • Kuumba Community Health & Wellness Center of Roanoke, VA will receive $2,410,299 
  • Eastern Shore Rural Health System of Onancock, VA will receive $4,823,091

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

 

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) was joined today by Sen. Cory Gardner (R-CO) in reintroducing bipartisan, bicameral legislation today to encourage state, local, and tribal governments to strengthen their defenses against cybersecurity threats and vulnerabilities. The State Cyber Resiliency Act, which was also introduced in the House by Reps. Derek Kilmer (D-WA) and Michael McCaul (R-TX), would create and authorize the Department of Homeland Security (DHS) to run a grant program for states seeking to develop, revise or implement cyber resiliency measures—including efforts to identify, detect, protect, respond, and recover from cyber threats.

“As cyberattacks increase in frequency and gravity, we must ensure that our nation—from our local governments on up—is adequately prepared to protect public safety and combat cyber threats,” said Sen. Warner. “Nearly 70 percent of states have reported that they lack adequate funding to develop sufficient cybersecurity. This bill will aim to mitigate that need by providing grants to state and local jurisdictions so that they are better prepared to take on these emerging challenges.”

“It’s critical that our state and local governments invest in cyber preparedness and training, and I’m proud to work with Senator Warner and Representatives Kilmer and McCaul to create a grant program to help our communities with this effort,” said Sen. Gardner. “Colorado is at the forefront of our nation’s cybersecurity efforts and home to the National Cybersecurity Center in Colorado Springs. As the threat of cyber warfare intensifies, it’s important that local governments are properly prepared to deter and protect themselves from cyber-attacks.” 

“America should dedicate far more attention and resources to combating cyber threats,” said Rep. Kilmer. “Cyber-attacks could threaten our election systems, municipally-owned water treatment facilities, local emergency responder networks, or other vital systems that impact our communities. With that in mind, building our cyber resiliency matters to employers, workers, local governments, consumers – and even to our national security. That’s why I’m proud to join my colleagues in introducing a bipartisan plan to give state, local, and tribal governments more tools to counter these cyber threats.”

“As our nation continues to face cyber threats, we must ensure all levels of government are prepared to combat the emerging attacks to our cyber networks and other critical infrastructure. The enactment of CISA last year was a positive step forward to recalibrate our federal posture on cybersecurity, however, more needs to be done on a state and local level. Despite playing a vital role in protecting our nation against cyber-attacks, state governments often do not have the vital resources they need to strengthen their cybersecurity capabilities or retain or recruit seasoned cybersecurity professionals,” said Rep. McCaul. “As a co-chair of the House Congressional Cybersecurity Caucus, I will continue to think holistically about protecting our networks on a federal, state, and local level. I am proud to join Senators Warner and Gardner, along with Congressman Kilmer, in introducing the State Cyber Resiliency Act to aid state and local governments with a new grant program to enhance their cyber defenses.” 

2018 survey by Deloitte-National Association recently found that most state cyber budgets are inadequate, with most states allocating between zero and three percent of their overall IT budget for cybersecurity purposes. Additionally, the survey found that budget and staffing remain top barriers to an effective cyber strategy, with nearly half of all states lacking a cybersecurity budget line item, and 28 percent pointing to an inadequate availability of cybersecurity professionals as a “top barrier.” In the past year, hackers have attacked a number of local governments in states such as ColoradoGeorgiaMaryland and Pennsylvania. These serious cyberattacks have cost taxpayers millions of dollars and have wreaked havoc on essential local government processes. 

The State Cyber Resiliency Act also addresses the nation’s cybersecurity workforce talent gap by ensuring that participating states enhance recruitment and retention efforts. Currently, there are more than 313,000 cybersecurity job openings nationwide, including 33,500 in Virginia, 24,800 in Texas, 10,200 in Colorado, and 6,300 in Washington.

Sen. Warner, along with Sen. Gardner, is the co-founder of the bipartisan Senate Cybersecurity Caucus, and recently introduced legislation to better protect customers, increase transparency for investors, and ensure public companies prioritize cybersecurity and data privacy. He also urged the Trump Administration in February to ensure the protection of critical electricity infrastructure and consider a federal government ban on the use of Huawei inverters in the United States.

 

The full text of the bill is available here.

 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined Sens. Bob Menendez (D-NJ), Tom Carper (D-DE), and 30 other Senators in condemning the President’s plan to cut national security funding to El Salvador, Guatemala, and Honduras. In a letter to President Trump, the Senators reiterated that the U.S. Congress has already appropriated FY18 funds to advance the United States’ foreign policy priorities related to El Salvador, Guatemala, and Honduras.   

“Your shortsighted decision poses serious risks to our national security and will damage strategic U.S. efforts to address the underlying conditions driving citizens in all three countries to flee their homelands and migrate to the United States,” wrote the Senators. “Since taking office, you have consistently expressed a flawed understanding of U.S. foreign assistance. It is neither charity, nor is it a gift to foreign governments. Our national security funding is specifically designed to promote American interests, enhance our collective security, and protect the safety of our citizens.” 

Citing cabinet officials who have recently called for a rational response to the growing number of migrants fleeing violent conditions in Central America, the Senators urged the President to reverse his decision cutting funding to El Salvador, Guatemala, and Honduras.

The Senators continued, “Our foreign assistance programs provide our government essential leverage to support reforms in El Salvador, Guatemala, and Honduras that mitigate the root causes of migration to our southern border by enabling citizens from those countries to find security and economic opportunities in their communities. By obstructing the use of FY2018 national security funding and seeking to terminate similar funding from FY2017, you are personally undermining efforts to promote U.S. national security and economic prosperity.”

The Senators also noted that the Trump Administration’s decision undermines years of continuous bipartisan and bicameral congressional efforts to increase the effectiveness of U.S. foreign assistance to Central America. This assistance helps ensure consequential change and address root causes of irregular migration to the United States and Virginia, such as extreme poverty and lack of economic opportunity, which lead to unchecked violence and crime.                                        

In addition to Sens. Warner, Kaine, Menendez, and Carper, the letter was signed by Sens. Cory Booker (D-NJ), Chris Coons (D-DE), Dick Durbin (D-IL), Ed Markey (D-MA), Maria Cantwell (D-WA), Chris Van Hollen (D-MD), Tom Udall (D-NM), Kirsten Gillibrand (D-NY), Jeanne Shaheen (D-NH), Ben Cardin (D-MD), Mazie Hirono (D-HI), Jacky Rosen (D-NV), Catherine Cortez Masto (D-NV), Michael Bennet (D-CO), Amy Klobuchar (D-MN), Bob Casey (D-PA), Kamala Harris (D-CA), Jack Reed (D-RI), Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Bernie Sanders (I-VT), Tammy Duckworth (D-IL), Ron Wyden (D-OR), Jeff Merkley (D-OR), Dianne Feinstein (D-CA), Patty Murray (D-WA), Debbie Stabenow (D-MI), Chris Murphy (D-CT), and Tina Smith (D-MN).

 

The text of the letter can be found below:

 

President Donald J. Trump

The White House

1600 Pennsylvania Avenue, NW

Washington, DC 20500

 

Mr. President:

 

We write to express our outright opposition to your plan to cut national security funding that the Congress has appropriated to advance United States’ foreign policy priorities related to El Salvador, Guatemala, and Honduras. Your shortsighted decision poses serious risks to our national security and will damage strategic U.S. efforts to address the underlying conditions driving citizens in all three countries to flee their homelands and migrate to the United States. 

 

Since taking office, you have consistently expressed a flawed understanding of U.S. foreign assistance. It is neither charity, nor is it a gift to foreign governments. Our national security funding is specifically designed to promote American interests, enhance our collective security, and protect the safety of our citizens.  Our foreign assistance programs provide our government essential leverage to support reforms in El Salvador, Guatemala, and Honduras that mitigate the root causes of migration to our southern border by enabling citizens from those countries to find security and economic opportunities in their communities.

 

By obstructing the use of FY2018 national security funding and seeking to terminate similar funding from FY2017, you are personally undermining efforts to promote U.S. national security and economic prosperity, including:

 

        Combatting Drug Trafficking: The State Department and the Drug Enforcement Administration (DEA) work jointly with specially trained and vetted units in the Salvadoran, Guatemalan, and Honduran police forces to combat drug trafficking organizations and seize narcotics trafficked through Central America to the U.S. Your decision directly undercuts our ability to stop illicit drugs from entering our country.

 

        Countering Transnational Criminal Organizations: As part of their Transnational Anti-Gang (TAG) Task Forces, the State Department and the Federal Bureau of Investigation (FBI) collaborate with prosecutors and national polices forces in all three countries to address the violent crimes of MS-13 and other criminal organizations. By cutting U.S. foreign assistance to the region, you are depriving our government of key law enforcement intelligence needed to keep our citizens safe.

 

        Strengthening the Rule of Law: The State Department, Department of Justice, and the U.S. Agency for International Development work with the Attorneys General and judicial systems in each country in order to promote the effective application of local laws and hold accountable the perpetrators of violence, extortion, narcotics and human trafficking, and domestic violence. Your cuts will terminate efforts end the cycle of impunity that forces victims to flee their countries in search of safety in the U.S.

 

        Defending Human Rights and Democratic Principles: There are enduring challenges in the Northern Triangle countries related to government officials and security forces perpetrating gross violations of human rights and acts of corruption, which directly contribute to insecurity. By cutting USAID funding, you are weakening our support for citizens and civil society groups to hold their governments accountable.

 

        Advancing Economic Reforms: Extreme poverty and a lack of economic opportunity contribute to the unchecked violence and crime that Central American refugees are fleeing.  Your cuts to foreign assistance deny the U.S. Government leverage needed to encourage Central American governments to take steps that improve their citizens’ educational and economic opportunities and create the conditions for inclusive growth.

 

For the past five years, in a bipartisan and bicameral way, Congress has continuously worked to increase the effectiveness of U.S. foreign assistance to Central America, instituting strict conditions on our funding in order to ensure consequential change. We have routinely been unsatisfied with insufficient efforts by Central American leaders and have limited funding to their central governments, but we remain convinced that continued engagement is the best option to promote meaningful change. To that end, your announcement marks a clear attempt to circumvent Congressional prerogative and obstruct the funding priorities established in bipartisan appropriations bills.

 

By cutting national security funding for El Salvador, Guatemala and Honduras, you also appear to be overturning the consensus within your own cabinet about the need for a rational response to the growing number of migrants fleeing violent conditions in Central America. Mere days before your announcement, Homeland Security Secretary Kirstjen Nielsen signed a regional security compact with officials from Northern Triangle countries building on cooperative efforts made possible by U.S. funding. Last month, U.S. Customs and Border Protection Commissioner Kevin McAleenan expressed support for continuing funding to Central American governments in order to improve conditions in the region. And, at the 2017 Northern Triangle Conference on Prosperity and Security in Central America, Vice President Pence stated, “To further stem the flow of illegal immigration and illegal drugs into the United States, President Trump knows, as do all of you, that we must confront these problems at their source. We must meet them – and we must solve them – in Central and South America.”

 

We encourage you to listen to members of your own Administration and reverse a decision that will damage our national security and aggravate conditions inside Central America. We look forward to working with you and members of your Administration to ensure that U.S. foreign aid continues to reflect our values and advance our national security interests.

 

Sincerely,

 

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WASHINGTON – Los senadores estadounidenses Mark R. Warner (D-VA) y Tim Kaine (D-VA) están sonando la alarma ante la amenaza del presidente Donald Trump de cerrar la frontera entre EE.UU. y México para impedir que las familias inmigrantes crucen la frontera sudoccidental, sin importar las repercusiones económicas. 

“A pesar que Virginia queda miles de millas de la frontera sudoccidental, Virginia tiene mucho que perder económicamente si le cerramos la puerta a uno de nuestros mayores socios comerciales,” dijeron los senadores. “México es uno de los clientes agrícolas más importantes de Virginia por lo que compra más de $111 millones de artículos de exportación y apoya miles de trabajos. Siempre hemos apoyado las inversiones estratégicas de seguridad fronteriza, pero seamos claros: cerrar la frontera no es una solución viable. Es un recurso imprudente que podría perjudicar fuentes laborales en Virginia, aumentar los precios para las familias de Virginia, y causar estragos en la economía de nuestro estado.” 

El comercio con México apoya a 133,000 empleos en Virginia. Según el Departamento de Agricultura y Servicios al Consumidor de Virginia (VDACS, por sus siglas en inglés), México es el sexto mercado de exportación agrícola más grande de Virginia. En el 2018, México compró más de $111 millones de artículos de exportación de Virginia – una disminución del 3 por ciento desde el 2017, una reducción atribuible en parte a las políticas comerciales y arancelarias caóticas implementadas por la administración de Trump. La industria porcina por si misma representó $64 millones de exportaciones agrícolas en Virginia en el 2018.

 

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WASHINGTON – On the Senate floor today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, requested that the Senate immediately take up and pass a resolution calling for the public release of Special Counsel Robert S. Mueller III’s report. However, Sen. Rand Paul (R-KY) objected to the unanimous consent request and blocked the immediate passage of the resolution, which previously passed the House of Representatives by a vote of 420 – 0.

“Simply put, a summary is not going to cut it,” Sen. Warner said on the floor. “This is an extraordinarily extensive investigation that yielded a rich collection of facts about Russia’s attack on our democracy. The American people deserve to see the results so they can judge the facts for themselves.”

Sen. Warner highlighted that the Attorney General’s four-page summary of the Special Counsel’s report only focused on the criminal portion of the Mueller probe, and barely mentioned the Special Counsel’s counter-intelligence investigation into Trump campaign contacts with Russian officials and intermediaries.

He continued, “Our committee has made multiple criminal referrals to the Special Prosecutor based on what we learned in witnesses’ efforts to lie to us and obstruct our investigation. This is what a counter-intelligence investigation is all about. We need to fully understand what the Russians were trying to do. And we need to be able to warn future campaigns and candidates about the lengths and new tools hostile governments will go to undermine our democracy… Let’s make sure the full Mueller report is released to Congress — including the underlying documents and intelligence. And then let’s make sure that the American people see as much of the report as possible, and as soon as possible. And let’s do it in that bipartisan way that protect sources and methods.”

Sen. Warner also emphasized that the resolution, H. Con. Res. 24, Expressing the Sense of Congress that the report of Special Counsel Mueller should be made available to the public and to Congress, ensures that the Special Counsel’s report is released in accordance with the law, without publicly revealing sources, methods, or grand jury information.

 

Below is a transcript of Sen. Warner’s full floor remarks:

Sen. Warner: Two weeks ago, after almost two years, Special Counsel Mueller filed his report with the Attorney General. The Attorney General sent us a short letter summarizing the major findings of the report.

Simply put, a summary is not going to cut it. The Attorney General’s own letter discusses the vast extent of the Special Counsel’s investigation, mentioning over 500 witness interviews, 2,800 subpoenas, 500 search warrants, 230 orders for communications records, and almost 50 orders for pen registers, and actually 13 requests to foreign governments. 

This is an extraordinarily extensive investigation that yielded a rich collection of facts about Russia’s attack on our democracy. The American people deserve to see the results so they can judge the facts for themselves.

We know from court filings, news reports, and the Senate Intelligence Committee’s own investigations that the Russians attempted to influence the Trump campaign in many ways. At least 17 individuals in the Trump orbit had over 100 publicly released contacts with Russian officials or intermediaries. And yet, with all those 100 contacts during the midst of a campaign, somehow not one of those individuals — even those contacted with explicit offers of assistance from a hostile government — called the FBI to report those offers.

And yet, the Attorney General’s four-page summary of this sprawling investigation, a summary that according to press reports may not even accurately reflect the Mueller report, focuses almost exclusively on the criminal portion of the Mueller probe — with barely any mention of the Special Counsel’s counter-intelligence investigation into these contacts.

The Senate Intelligence Committee — the only bipartisan counter-intelligence investigation still standing — has documented extensive efforts by Russians to reach out to those around then-candidate Trump.

A few examples we have documented and have been in the public domain: Candidate Trump’s efforts to negotiate a business deal to build what was going to be called the largest building in all of Russia, negotiating on that deal throughout the whole primary process and even potentially, at least according to his attorney Mr. Giuliani, maybe negotiated all the way through the election. Data that may, in itself, not have violated laws, but I frankly think that if I were a Republican primary voter, I would have liked to have known that my potential presidential candidate was still trying to do a deal with Vladimir Putin’s government.

We also in our investigation have exposed ongoing communications between the President’s campaign chairman, Mr. Manafort, and Konstantin Kilimnik, who has ties with both Russian intelligence and the oligarch Oleg Deripaska. Our committee has made multiple criminal referrals to the Special Prosecutor based on what we learned in witnesses’ efforts to lie to us and obstruct our investigation.

This is what a counter-intelligence investigation is all about. We need to fully understand what the Russians were trying to do. And we need to be able to warn future campaigns and candidates about the lengths and new tools hostile governments will go to undermine our democracy.

Now, I believe that we can’t make that full guidance to future campaigns without a full release of this report.

Now some observers have said that the report cannot be released without jeopardizing sources and methods. Let me be clear: as Vice Chair of the Senate Intelligence Committee, no one is more sensitive to those concerns than I am. But the resolution that we have specifically states that the report should be released to the public in accordance with the law. Clearly, sources and methods would not be released under this standard. Nor would grand jury information.

What we are talking about here is basic transparency. Let’s make sure the full Mueller report is released to Congress — including the underlying documents and intelligence. And then let’s make sure that the American people see as much of the report as possible, and as soon as possible. And let’s do it in that bipartisan way that protect sources and methods.

Therefore, Mr. President, I ask unanimous consent that as if in legislative session, the Senate proceed to the immediate consideration of H Con RES. 24, Expressing the Sense of Congress that the report of Special Counsel Mueller should be made available to the public and to Congress, which is at the desk. Further, that the concurrent resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate. 

Presiding Officer: Is there objection?

[Sen. Rand Paul objects]

Presiding Officer: Does the Senator from Virginia wish to modify his request?

Sen. Warner: Reserving the right to object, I would simply point out to my colleague from Kentucky that the Intelligence Community in their January 2017 report reached a unanimous conclusion. That conclusion was that Russia massively interfered in our elections. They did it in forms of hacking into personal information, and releasing it subjectively, they did it in terms of at least touching the electoral systems in 21 of our states’ election systems in ways that frankly found a great deal of vulnerabilities, and they did it in ways that manipulated social media, that quite honestly caught our Intelligence Community and social media companies off guard.

Our Intelligence Committee spent a year reviewing the conclusions of the Intelligence Community and in January of 17 unanimously agreed that the Intelligence Community’s findings were correct, the Russians interfered, they did it on behalf of one candidate, Mr. Trump, against another candidate, Mrs. Clinton, and for those reasons I respectfully object to my colleague from Kentucky.

Presiding Officer: Is there objection to the original request?

[Sen. Rand Paul objects]

Presiding Officer: Objection is heard.

Sen. Warner: Mr. President, I’ll simply close out. I hope we can move past this, the President himself has called for the release of the report, the House in a rare stroke of unanimity, voted 420 – 0. I think many in this body would like to move beyond this issue and the only way we are going to be able to move beyond this is to get this report released, get it out to the American public, let those of us who are charged with the Intelligence Community responsibilities see all of the report including the underlying documents. I hope we can get to that point.

Thank you Mr. President, I yield the floor.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) are sounding the alarm after President Donald Trump threatened to close the U.S.-Mexico border to stop immigrant families from crossing the southwest border, no matter the economic impact. 

“Despite being thousands of miles away from the Southern border, Virginia has a lot to lose economically if we close our doors to one of our greatest trade partners,” said the Senators. “Mexico is one of Virginia’s most important agricultural customers, purchasing more than $111 million in exports and supporting thousands of jobs. We’ve consistently supported strategic investments in border security, but let’s be clear: closing the border altogether isn’t a viable solution. That is a reckless approach that could jeopardize thousands of jobs in Virginia, lead to increased prices for Virginia families, and wreak havoc on the Commonwealth’s economy.”

Trade with Mexico supports 133,000 jobs in the Commonwealth. According to the Virginia Department of Agriculture and Consumer Services (VDACS), Mexico is Virginia’s sixth-largest overall agricultural export market. In 2018, Mexico purchased more than $111 million in Virginia exports – a 3 percent decrease from 2017, a decline attributable in part to haphazard trade and tariff policies implemented by the Trump Administration. The pork industry alone accounted for $64 million of Virginia’s agricultural exports in 2018.

 

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WASHINGTON, D.C.—Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senators Tina Smith (D-MN), Ben Cardin (D-MD), Chris Van Hollen (D-MD), and Sherrod Brown (D-OH) to introduce a pair of bills aimed at protecting federal health care benefits in the event of a government shutdown. Similar bipartisan legislation was introduced in the House yesterday, led by Rep. Elijah Cummings (D-MD). 

The two bills would amend current law to ensure that workers who have qualifying life events – like the birth or adoption of a child – are able to make the proper adjustments to their health insurance plans and continue dental and vision benefits during lapses in federal funding.

“I’ve heard story after story about how the recent government shutdown caused significant financial hardship for Virginians. But stories like Brian Uholick’s really struck a nerve. During the 35-day shutdown, Brian struggled to get his newborn on his health insurance to ensure he could get the medication she needed because his own HR department was furloughed,” said Warner. “It’s just not right. That’s why I joined my colleagues in introducing a set of bills to ensure the health and well-being of our federal workforce and their families.” 

“Our hardworking federal employees should never have to go through the pain of a shutdown in the first place, and they should never have to fear losing access to their health benefits as a result. Our legislation would help ensure that federal workers and their families can get the care they need during a shutdown,” said Kaine.     

Press reports during the recent shutdown indicated that federal employees had difficulty obtaining health insurance coverage for their newborns because some agencies were not processing new enrollments or changes to enrollments. 

In January, Sens. Warner and Kaine pressed the Office of Personnel Management (OPM) Acting Director to prevent the termination of dental and vision coverage for federal workers during the 35-day shutdown after reports emerged that employees could stand to lose their coverage if they did not pay their premiums. During the government shutdown, OPM announced that coverage would continue only for two or three pay periods, after which insurers would start billing employees directly.   

Both bills are supported by the American Federation of Government Employees, National Active and Retired Federal Employees Association, and International Federation of Professional and Technical Engineers.

 

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Washington, D.C.— Following reports of the arrest of Chinese national Yujin Zhang, who was apprehended by Secret Service after making false statements to enter Mar-a-Lago while carrying a thumb drive containing malware, Senate Democratic Leader Chuck Schumer (D-NY), Senate Committee on the Judiciary Ranking Member Dianne Feinstein (D-CA), and Senate Select Committee on Intelligence Vice Chairman Mark Warner (D-VA) today urged FBI Director Christopher Wray to assess the risks at Mar-a-Lago in light of the security vulnerabilities exposed by this latest incident. The senators asked the FBI to determine the steps needed to detect and deter adversary governments or their agents from attempting to gain access to or conduct electronic surveillance or acquire material at Mar-a-Lago or President Trump’s other properties.

According to reports, Ms. Zhang stated that she was invited to attend a non-existent event by an associate of Li “Cindy” Yang, who senior members of the congressional intelligence and judiciary committees recently asked the FBI to criminally investigate, given the credible allegations of potential human trafficking, unlawful foreign lobbying and other activities by Ms. Yang, and to assess the risks or related concerns associated with any interactions between her and the president. So far, the FBI has failed to respond. Today’s letter requests answers to the intelligence and judiciary committees’ previous letter and an assessment of the security vulnerabilities exposed by this latest incident involving Yujin Zhang.

 

The Senators’ letter can be found here and below: 

 

April 3, 2019

 

The Honorable Christopher Wray

Director

Federal Bureau of Investigation

935 Pennsylvania Avenue, NW

Washington, DC 20535

 

Dear Director Wray:

 

We write regarding the arrest of Yujin Zhang, a Chinese national who was apprehended by Secret Service after she allegedly made false statements to bypass security at Mar-a-Lago while carrying multiple electronic devices and a thumb drive containing malicious malware.

 

According to the information provided in the criminal complaint filed in the U.S. District Court for the Southern District of Florida, Ms. Zhang was allowed access to the property after security staff employed at Mar-a-Lago believed her to be a relative of a member of the club. After she passed into a restricted area and was eventually questioned by a receptionist, Ms. Zhang stated that she had been invited to Mar-a-Lago to attend a non-existent United Nations Chinese American Association event by an apparent associate of Li “Cindy” Yang, who had reportedly promoted events at the club on Chinese-language social media.

 

On March 15th, senior members of the congressional intelligence and judiciary committees asked the Federal Bureau of Investigation to conduct criminal and counterintelligence investigations into credible allegations of potential human trafficking, unlawful foreign lobbying and other activities by Ms. Yang as well as an assessment of the risks or related concerns associated with any interactions between her and the President. While this request came after Ms. Yang was photographed with the President and reports that she created a business that attempted to sell access to the President and his family to clients in China, Congress has not yet received a response. 

 

This latest incident raises very serious questions regarding security vulnerabilities at Mar-a-Lago, which foreign intelligence services have reportedly targeted. The apparent ease with which Ms. Zhang gained access to the facility during the President’s weekend visit raises concerns about the system for screening visitors, including the reliance on determinations made by Mar-a-Lago employees. As the White House Communications Agency and Secret Service coordinate to establish several secure areas at Mar-a-Lago for handling classified information when the President travels there, these potential vulnerabilities have serious national security implications.  

 

Accordingly, we ask that the FBI, in consultation with the Director of National Intelligence, assess the risks at Mar-a-Lago posed by establishment of areas for classified information at facility accessible to the public and foreign nationals. We also ask that you determine, in consultation with the Secret Service, the steps needed to detect and deter adversary governments or their agents from attempting to gain access to or conduct electronic surveillance or acquire material at Mar-a-Lago or President Trump’s other properties.

 

Thank you for your attention to this important matter. We ask that you provide Congress with a written response to this letter as well as the questions related to Ms. Yang that were enumerated in the March 15th letter without delay.   

 

Sincerely,  

 

Senate Democratic Leader Chuck Schumer (D-NY)

 

Senate Committee on the Judiciary Ranking Member Dianne Feinstein (D-CA)

 

Senate Select Committee on Intelligence Vice Chairman Mark Warner (D-VA)

 

Enclosure

 

cc:       The Honorable Dan Coats

            Director of National Intelligence

 

            The Honorable Randolph D. Alles

            Director, U.S. Secret Service

 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Mike Crapo (R-ID) reintroduced bipartisan legislation to protect horses from the abusive practice known as “soring,” in which show horse trainers intentionally apply substances or devices to horses’ limbs to make each step painful and force an exaggerated high-stepping gait rewarded in show rings. Although federal law currently prohibits soring, a report by the U.S. Department of Agriculture (USDA) Inspector General (IG) has found that some horse trainers often go to great lengths to continue this inhumane practice. 

“Horses have been a part of our Commonwealth’s history and culture since the settling of Jamestown, and like all animals, they deserve to be treated with care and compassion,” said Sen. Warner. “The PAST Act will further protect these animals from the cruel practice of inflicting deliberate pain and suffering for show purposes.”

“I support the humane treatment of all animals and the responsible training of horses,” said Sen. Crapo. “I remain committed to ending the cruel practice of soring, and will continue to promote enforcement of current animal welfare laws.”

“The American Horse Council – the voice of the nation’s equine sector which directly supports nearly one million U.S. jobs and contributes $122 billion in Gross Domestic Product (GDP) – applauds the leadership of Sens. Mark Warner (D-VA) and Mike Crapo (R-ID) for introducing the Prevent All Soring Tactics (PAST) Act of 2019. Although “soring” – which is the practice of inflicting pain on a horse’s limb to produce an accentuated gait – has declined since Congress enacted the Horse Protection Act in 1970, the PAST Act will build on this progress by modernizing inspection and revising penalties for violations,” said Julie M. Broadway, President of the American Horse Council.

“VVMA applauds previous legislation aimed to halt the inhumane practices of soring of horses, and the PAST act will strengthen the ban on these practices. This important legislation is strongly supported by the veterinarians of Virginia," said Kelly Gottschalk, DVM, President of the Virginia Veterinary Medical Association. 

“Horse ‘soring’ is one of the worse cruelties imaginable – where scofflaw trainers deliberately torture Tennessee walking horses to get them to fling their front legs high, just to win a cheap blue ribbon in a show ring.  It'd be like forcing an Olympian to wear broken glass in her shoes so the pain will make her leap higher over the hurdles,” said Sara Amundson, President of Humane Society Legislative Fund. “We are grateful to Senators Crapo and Warner for their leadership on the PAST Act, which has garnered overwhelming bipartisan cosponsors and support by the nation’s leading horse industry, veterinary, law enforcement and animal welfare groups.  We urge Senate leadership to allow a floor vote soon to finally end this abuse.” 

The Prevent All Soring Tactics (PAST) Act would:

  • Eliminate self-policing by requiring the USDA to assign a licensed inspector if the show's management indicates intent to hire one. Licensed or accredited veterinarians, if available, would be given preference for these positions.
  • Prohibit the use of action devices and pads on specific horse breeds that have a history of being the primary victims of soring. Action devices, such as chains that rub up and down an already-sore leg, intensify the horse's pain when it moves so that the horse quickly jolts up its leg.
  • Increase consequences on individuals caught soring a horse, including raising the penalty from a misdemeanor to a felony, which is subject to up to three years' incarceration, increasing fines from $3,000 to $5,000 per violation, and permanently disqualifying three-time violators from participating in horse shows, exhibitions, sales or auctions.

In 2017, the USDA Office of Animal and Plant Health Inspection Service (APHIS) moved to strengthen certain aspects of the Horse Protection Act by incorporating some of the major tenets of the PAST Act. However, the rule was not finalized before the end of the Obama Administration and the Trump Administration has halted the process. The PAST Act would codify these changes into law.   

The PAST Act was previously introduced in 2018 by Sens. Warner and Crapo, and in 2015 by Sen. Warner and former Sen. Ayotte (R-NH). Original co-sponsors of this bill include Sens. Jerry Moran (R-KS), Richard Blumenthal (D-CT), Susan Collins (R-ME), Ed Markey (D-MA), Steve Daines (R-MT), Dianne Feinstein (D-CA), Pat Toomey (R-PA), Wyden (D-OR), and Bob Casey (D-PA).

Numerous groups have endorsed the bill, including the American Horse Council, American Veterinary Medical Association, American Association of Equine Practitioners, Humane Society Legislative Fund, Association of Prosecuting Attorneys, American Society for the Prevention of Cruelty to Animals, and Virginia Veterinary Medical Association.

 

More information about this bill can be found here. A copy of the bill text is available here.

 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined Sens. Kirsten Gillibrand (D-NY), Chuck Grassley (R-IA) and a bipartisan coalition of Senators in reintroducing legislation to combat sexual assault on college and university campuses. The Campus Accountability and Safety Act would reform the way institutions handle incidents of on-campus sexual assault and ensure that investigations and disciplinary proceedings are fair and consistent. It would also create new resources and support services for survivors, and set new notification requirements for both survivors and accused students involved in the campus disciplinary process. 

“In recent years, the brave individuals behind the #MeToo movement have successfully increased public awareness and discussion about sexual assault and harassment, and Congress has a responsibility to support these efforts with legislation that focuses on preventing sexual assault in colleges and universities across the nation,” said Sen. Warner. “I am very proud to reintroduce the bipartisan Campus Accountability and Safety Act, which demands greater transparency, consistency, and accountability from our institutions of higher learning.” 

“Sexual assault is pervasive in colleges and universities all over the country, yet Congress has not done nearly enough to address this crisis,” said Sen. Gillibrand. “For far too long institutions have gotten away with sweeping this problem under the rug. Students are demanding that Congress take this problem seriously, and we must listen to them. That’s why I am proud to reintroduce my bipartisan Campus Accountability and Safety Act, which would hold colleges and universities accountable and help give survivors the support they need. I urge my colleagues to take this issue seriously and fight with us to pass this bipartisan bill.” 

“When something as traumatic as sexual assault occurs on campus, students need a place they can go for support and unbiased information about their rights,” said Sen. Grassley. “This bill takes active steps forward to help facilitate communication and support between universities, students and law enforcement, as well as foster a positive sense of community on campus.”

Specifically, this legislation would do the following:

  • Establish new campus resources and support services for student survivors: Colleges and universities would be required to designate Sexual Assault Response Coordinators to assist survivors of sexual assault, domestic violence, dating violence, and stalking. Sexual Assault Response Coordinators would coordinate support services and accommodations for survivors, provide information about options for reporting, and provide guidance or assistance – at the direction of the survivor – in reporting the crime to campus authorities and/or law enforcement. Schools would no longer be allowed to sanction students who report sexual violence but reveal a non-violent student conduct violation in good faith, like underage drinking.
  • Require fairness in the campus disciplinary process: All schools would be required to use one uniform process for campus student disciplinary proceedings and would no longer be allowed to have athletic departments or other subgroups handle complaints. Schools would be required to provide written notification to the accused as well as the survivor of any decision to move forward with a campus disciplinary proceeding within 24 hours of that decision. The notice must include details of the complaint, a summary of the disciplinary proceeding, and the rights and due process protections available to both parties.  
  • Ensure minimum training standards for on-campus personnel: This legislation would ensure that everyone from the Sexual Assault Response Coordinators to those responsible for investigating and participating in disciplinary proceedings receives specialized training so that they have a firm understanding of the nature of these crimes and their effect on survivors.
  • Create historic new transparency requirements: For the first time, students at every college and university in America would be surveyed about their experience with sexual violence to get an accurate picture of this problem. This new biennial survey would be standardized and confidential, with the results published online so that parents and high school students could make an informed choice when comparing universities. The Department of Education would also be required to publish the names of all schools with pending investigations, final resolutions, and voluntary resolution agreements related to Title IX with respect to sexual violence and requirements of the Clery Act.
  • Ensure coordination with law enforcement: This legislation would require colleges and universities to enter into memoranda of understanding (MOU) with each local law enforcement agency that has jurisdiction to report to a campus as a first responder. These MOUs would ensure that the school and law enforcement clearly delineate duties and share information so that when a crime occurs, both campus authorities and local authorities can focus on solving the crime rather than debating jurisdiction. 
  • Establish stiffer penalties for violations: Schools that do not comply with certain requirements under the bill may face a penalty of up to 1 percent of the institution’s operating budget. The bill would also increase penalties for Clery Act violations to up to $150,000 per violation, from the current penalty of $35,000 per violation. Financial penalties collected from institutions in violation would be distributed back to campuses through a new competitive grant program, administered by the Secretary of Education, for which colleges and universities can apply for the purpose of researching best practices for preventing and responding to sexual and interpersonal violence on college campuses and sharing such research with peer institutions and the Department of Education.

Sen. Warner has been a lead sponsor of this bill since its original introduction in the 113th Congress.

In addition to Sens. Warner, Gillibrand, and Grassley, other co-sponsors include Sens. Maggie Hassan (D-NH), Joni Ernst (R-IA), Marco Rubio (R-FL), Richard Blumenthal (D-CT), Shelley Moore Capito (R-WV), Jack Reed (D-RI), and Jeanne Shaheen (D-NH). 

Text of the bill is available here and a summary is available here.

 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Sens. Dianne Feinstein (D-CA) and Kamala D. Harris (D-CA) called on the Senate Armed Services Committee to include in the upcoming National Defense Authorization Act portions of an essential bill to address hazards in private military housing. The Senators introduced the Ensuring Safe Housing for our Military Act last month in response to a Reuters investigation that exposed health, safety and environmental hazards in privatized military housing throughout the United States.

“While we are pleased that the military services have realized the scope and severity of the problem, and have begun to circulate a ‘Resident Bill of Rights’ for servicemembers living in privatized housing, we strongly believe that Congress must enact legal protections for our military families and strengthen accountability mechanisms for these private companies,” the Senators wrote. 

They concluded, “We believe these reforms are necessary to ensure that contractors are responsive to servicemembers’ concerns, that military housing officials are exercising proper oversight, that servicemembers are empowered to leave any home they feel is unsafe for their family without fear of incurring a financial penalty, and, most importantly, for servicemembers and their families to live in safe and secure housing.”

Among other things, the Ensuring Safe Housing for our Military Act would create stronger oversight mechanisms, allow the military to withhold payments to contractors until issues are resolved, and prohibit contractors from charging certain fees. It would also require the military to withhold incentive fees to poorly performing contractors.

Sens. Warner and Kaine have long advocated for servicemembers and military families. Last week, they filed an amendment to the Fiscal Year 2020 budget resolution to ensure military families have safe and healthy housing. Sen. Warner also recently met with military families in Newport News to hear about their experiences living in privatized military housing, and Sen. Kaine recently toured privatized military housing near Naval Station Norfolk. Last month, the Senators also visited Fort Belvoir to hear from military families about their experiences with military housing.

In addition to Sens. Warner, Kaine, Feinstein, and Harris, the letter was signed by Sens. Richard Blumenthal (D-CT), Chris Murphy (D-CT), Jeanne Shaheen (D-NH), Jeff Merkley (D-OR), Chris Van Hollen (D-MD), and Jon Tester (D-MT). 

Full text of the letter is below and a copy can be found here.

 

April 1, 2019

 

The Honorable James Inhofe

Chairman

Senate Committee on Armed Services

Russell Senate Building, Room 228

 

The Honorable Jack Reed

Ranking Member

Senate Committee on Armed Services

Russell Senate Building, Room 228

 

Dear Chairman Inhofe and Ranking Member Reed:

 

We write today to request that the Armed Services Committee include provisions of our legislation, entitled the Ensuring Safe Housing for our Military Act, to improve privatized military housing, in the Fiscal Year 2020 National Defense Authorization Act.

 

As you know, major problems with privatized military housing have surfaced since Reuters first published a series of articles last year. The Reuters articles, and hearings held by your committee, have revealed that many servicemembers and their families have been forced to live in homes with serious health, safety and environmental hazards, without sufficient recourse.

 

The contractors who operate privatized military housing have too often failed to properly remedy these hazards, or outright ignored servicemembers’ concerns. The military housing officials and installation commanders responsible for ensuring that our servicemembers have safe housing have frequently fallen well short of their charge.

 

While we are pleased that the military services have realized the scope and severity of the problem, and have begun to circulate a “Resident Bill of Rights” for servicemembers living in privatized housing, we strongly believe that Congress must enact legal protections for our military families and strengthen accountability mechanisms for these private companies.

 

To that end, our bill would:

 

1)      Require installation commanders to withhold payment of a servicemember’s basic allowance for housing (BAH) until a military housing official has inspected an environmental, safety or health hazard, verified that appropriate remediation has taken place, and the servicemember concurs that the remediation is satisfactory. In the case that the hazard requires the servicemember to leave the housing unit, the contractor will pay all relocation costs. 

 

2)      Prohibit payment of a deposit, and any fee or penalty related to ending a lease early, except for normal wear and tear. The bill also requires contractors to reimburse servicemembers for damage to their private property caused by a hazard. 

 

3)      Require the Secretary of Defense to withhold incentive fees to any contractor who persistently fails to remedy hazards.

 

4)      Create standard credentials for health, safety and environmental inspectors across the services, and including contractors, to ensure consistent inspection practices.

 

5)      Require the DOD to establish an electronic system so that installation commanders and servicemembers can track and oversee work orders.

 

We believe these reforms are necessary to ensure that contractors are responsive to servicemembers’ concerns, that military housing officials are exercising proper oversight, that servicemembers are empowered to leave any home they feel is unsafe for their family without fear of incurring a financial penalty, and, most importantly, for servicemembers and their families to live in safe and secure housing.

 

We thank you for your leadership and we look forward to continuing to work on this vitally important issue.

 

Sincerely,

 

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Washington – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined Sens. Debbie Stabenow (D-MI), Lisa Murkowski (R-AK), and a bipartisan group of 43 other Senators to urge the Trump Administration to rescind a proposed rule that would take away nutrition benefits from Americans struggling to find stable employment. In a letter to the U.S. Department of Agriculture, the Senators asked Secretary Sonny Perdue to withdraw this proposal, which would make it harder for states to provide Supplemental Nutrition Assistance Program (SNAP) benefits to communities experiencing economic uncertainty.   

“Congress recognizes that one-size-fits-all rules for SNAP and employment practices actually end up fitting no one,” the Senators wrote. “This proposed rule removes critical local input and flexibility. This proposal ignores the intent of Congress, would worsen hunger in this country, and would do nothing to help increase stable, long-term employment or move individuals to self-sufficiency. We urge you to immediately withdraw this proposed rule.” 

This proposed regulation, which could result in the loss of more than 178,000 jobs, comes in direct contravention of Congressional intent. In the 2018 Farm Bill, Congress chose to reject similar proposals by the President and some members of Congress that would have changed SNAP work rules and the ability of states to waive work requirements. In fact, an amendment to further restrict states from providing geographic waivers for able-bodied adults without dependents (ABAWD) was rejected by the House of Representatives by a vote of 83-330.  A similar amendment proposed in the Senate was rejected (tabled) by a bipartisan vote of 68-30.

Sens. Warner and Kaine have long stressed the importance of sustained funding for the SNAP program. In January, both Senators wrote to the Secretary of Agriculture to voice concern about the status of SNAP amidst the government shutdown. Additionally, Sen. Warner reintroduced a bill earlier this month to benefit low-income rural and urban communities with limited or no access to nutritious food by increasing access to grocery stores in areas designated as “food deserts.” 

In addition to Sens. Warner, Kaine, Stabenow, and Murkowski, the letter was signed by Sens. Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Maria Cantwell (D-WA), Ben Cardin (D-MD), Robert Casey (D-PA), Susan Collins (R-ME), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Maggie Hassan (D-NH), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Doug Jones (D-AL), Angus King (ME), Amy Klobuchar (D-MN), Patrick  Leahy (D-VT), Joe Manchin (D-WV),  Edward J. Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CT), Patty Murray (D-WA), Gary Peters (D-MI), Jack Reed (D-RI), Jackie Rosen (D-NV), Bernie Sanders (I-VT), Brian Schatz (D-HI), Charles Schumer (D-NY), Jeanne Shaheen (D-NH), Kyrsten Sinema (D-AZ), Tina Smith (D-MN), Jon Tester (D-MT), Tom Udall (D-NM), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

 

Full text of the letter is below and a copy can be found here.

 

The Honorable Sonny Perdue

Secretary of Agriculture

U.S. Department of Agriculture

1400 Independence Avenue, S.W.

Washington, DC  20250

 

Dear Secretary Perdue:

We write to raise serious concerns about the Administration’s recent proposed rule “Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults without Dependents (84 FR 980).”  Despite the Department’s intent that this rule would “improve employment outcomes and economic independence,” the proposed changes would take food assistance away from Americans struggling to find stable employment while doing nothing to help them to actually become permanently employed.  This is contrary to Congressional intent, evidenced by the passage of the Agriculture Improvement Act of 2018 (P.L. 115-334), which rejected similar harmful changes to SNAP and passed Congress by a historic vote of 87-13 in the Senate and by 369-47 in the House of Representatives.

SNAP already has strict time limits that restrict access to food assistance to three months out of every three years for most working-aged adults.  Acknowledging the strictness of these policies and understanding the unique needs of our states and our constituents, Congress sought to mitigate the impact by providing states discretion to request waivers of the time limit and to utilize monthly exemptions based on local workforce circumstances.  Every state in the country but Delaware has utilized waivers when local conditions warranted.  While the use of time limit waivers peaked for many states during the great recession, the percentage of the population eligible for waivers of time limits has dropped to pre-recession levels, resulting in many SNAP recipients losing access to food assistance under current rules.  There is no evidence, however, that the re-imposition of the time limit in these areas has resulted in these individuals achieving self-sufficiency through new employment opportunities. 

 

Since the waiver process was formally adopted during the George W. Bush Administration, efforts to modify waiver criteria have always originated in—and been rejected by—Congress, instead of through executive action.  Most recently, Congress considered and chose to reject attempts to limit flexibility for states to request waivers for time limits in SNAP during both the 2014 and 2018 Farm Bills.  Instead, Congress has focused on improving employment and training activities through innovative pilots, workforce partnerships, and state-based employment and training initiatives that strengthen an individual’s ability to secure stable, long-term employment. These efforts recognize that many individuals face substantial barriers to employment that an arbitrary time limit or unemployment floor do nothing to address.

Noting that some states and regions experience a normal or near-normal unemployment rate, the proposed rule assumes that an average unemployment rate means every person seeking a job will be able to find one, and that wages from such employment would sustain a family.  However, rates of unemployment for individuals without a high school diploma or a GED and individuals in the service sector are often as much as double the average rates of unemployment in a community.  For example, in 2018, while the unemployment rate for workers with a bachelor’s degree or more was 2.1 percent, the unemployment rate for those with less than a high school education was 5.6 percent, and 10.4 percent for African-American workers with less than a high school education.  In addition, in some areas with insufficient jobs, a declining unemployment rate may not only imply that more Americans have gotten jobs, but also that some Americans may be leaving the labor force.

Many rural areas have had slow employment growth since the end of the great recession, and the gap between employment rates in rural and urban areas has widened.  In some rural and frontier regions, unemployment remains in the double digits.  The economic, transportation, geographic, and other challenges that contribute to high unemployment rates in some large regions of our country are unlikely to change.  It is unlikely, for example, that significant employment opportunities will come to regions that have very small populations, are unconnected by roads, and experience high energy costs.

Due to persistent discrimination in hiring practices, certain protected classes are also likely to be disparately impacted by this proposal, a fact that the proposed rule acknowledged, but did not resolve.  For example, field studies have consistently shown that white applicants receive more callbacks for job interviews than otherwise identical applications from African-American or Latino applicants.   Assuming generalized employment figures are representative of the ABAWD population targeted by this rule ignores the employment realities that many of these individuals face.  Early analysis also indicates that the proposed rule would have a disparate negative impact on American Indian and Alaska Native populations living in rural areas of the nation.

The proposed rule also is based on a faulty assumption that individuals that are receiving SNAP are choosing not to work.  In fact, most SNAP participants are working.  Many individuals that would lose access to food assistance because of this rule are employed, but have inconsistent hours or work in seasonal industries such as fishing and construction.  The proposed rule asserts that 74% of ABAWDs are not working.  That statistic is misleading and does not correctly represent the work status of most SNAP recipients.  Recent studies show that less than 2% of participants aged 18-49 are consistently working less than 20 hours a week, and less than 2% are always unemployed. Instead, the majority of these individuals fluctuated over a two-year period between working at least 20 hours a week in a given month, to falling short of a consistent 20 hours per work week.  Even those individuals who successfully meet the work requirement may lose their food assistance if they fail to correctly document their hours or submit required paperwork.  Asserting individuals facing inconsistent or unstable work circumstances are not seeking self-sufficiency does a disservice to our shared goals of helping American families to find consistent, stable employment that allows them to feed their families.

The proposed rule also wrongly assumes that those who are not qualified for work available in their community, region, state, or elsewhere in the nation can easily obtain job training.  In rural and frontier areas, job training is not available.  In most cases, job training opportunities located in urban areas cannot absorb additional trainees.  In addition, Congress has asked state and local Workforce Investment Boards to more closely align job training with actual job opportunities because it makes no sense to train someone for a job that does not exist.

 

We are also concerned about the impact these changes would have on state agencies.  The proposed rule would require additional oversight of and paperwork from an expanded number of people not currently subject to work requirements.  If finalized, states would be compelled to hire and train many additional caseworkers and in states with rural and remote regions, spend even more to provide on-the-ground oversight to ensure claimed work requirements were met.

Establishing an arbitrary unemployment floor would have a dramatic impact on participation.  According to the proposed rule’s estimates, establishing a 7% unemployment rate floor for waivers would affect 1.1 million SNAP participants, with nearly three-quarters of those participants, over 755,000 people, losing access to food assistance.  This estimate is likely low as it is based on economic growth rates that are not feasible.  This only clearly demonstrates that this proposed rule is not designed to help individuals gain stable employment. Instead, the outcome is simply more hunger.

In addition to being out of line with Congressional intent related to waivers, this rule also directly contradicts Congressional direction related to waiver submissions and carry-over exemptions included in the 2018 Farm Bill report.  This report, written by Chairman Pat Roberts, Ranking Member Debbie Stabenow, Chairman Mike Conaway and Ranking Member Collin Peterson and approved by the 369 members of the House and 87 members of the Senate, explicitly directs the Department not to make the changes made in this rule.  This unilateral Administrative action is in direct contradiction to the will of Congress.

The Agriculture Improvement Act of 2018 Conference Report (H. Rept. 115-1072) specifically states that it was the intent of Congress that states will “continue to accrue exemptions and retain carryover exemptions from previous years, consistent with current law.”  The proposed rule’s elimination of unlimited carry-over exemptions blatantly disregards this direction from Congress.

Further, the Conference Report states that “The Managers intend to maintain the practice that bestows authority on the state agency responsible for administering SNAP to determine when and how waiver requests for ABAWDs are submitted…..It is not the Managers’ intent that USDA undertake any new rulemaking in order to facilitate support for requests from State agencies, nor should the language result in any additional paperwork of administrative steps under the waiver process.”  Congress was clear that we do not wish to establish any new requirements regarding state agency waiver submissions.

Congress recognizes that one-size-fits-all rules for SNAP and employment practices actually end up fitting no one.  While this Administration has promoted local control in many other sectors of federal policy, this proposed rule removes critical local input and flexibility. 

 

This proposal ignores the intent of Congress, would worsen hunger in this country, and would do nothing to help increase stable, long-term employment or move individuals to self-sufficiency.  We urge you to immediately withdraw this proposed rule.

 

Sincerely,

 

WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine are celebrating the culmination of their successful efforts to get federal employees in Virginia Beach and Norfolk a much-deserved pay raise, as the President signed an executive order that designates a locality pay adjustment for Hampton Roads. This adjustment will increase salaries for approximately 30,400 Virginians in Virginia Beach and Norfolk in order to better reflect the rising costs of living in the area. Warner and Kaine have pushed OPM to take the necessary steps to implement a pay raise for Hampton Roads federal employees. While federal employees in the region could have been receiving higher pay last year, OPM’s delay in implementing the pay scale adjustment exacerbated the situation for Virginia families who had been long-expecting a raise. 

“There is no doubt that hardworking federal employees deserve this long-overdue pay raise,” the Senators said. “As the cost of living has increased in Hampton Roads, we have long fought to provide federal workers in the area a needed boost. We’re hopeful that the new pay rates will offer peace of mind to those who work hard to serve our country.”

In 2017, Kaine and Warner wrote to the Acting Director of OPM to express concern that federal employees in the Hampton Roads region were led to believe they would see a pay raise for calendar year 2017 and asked that the agency take quick action to implement the pay scale adjustment. Senators Warner and Kaine have also cosponsored legislation to provide all federal workers a pay raise of 3.6 percent, an increase from FY19’s 1.9 percent average.

 

WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine, along with 45 of their colleagues, introduced the For the People Act, a sweeping package of comprehensive reforms that would make government work for the people. The landmark legislation aims to restore the promise of American democracy by making it easier, not harder, to vote; ending the dominance of big money in politics; and ensuring that public officials work for the public interest. Earlier this month, the House passed their companion legislation, H.R. 1, by a vote of 234-193.  

“Our nation belongs to the people – not just the wealthy or the powerful people – but all the people,” said Warner. “I’m proud this legislation includes the Honest Ads Act, a bill I introduced to bring overdue transparency and accountability to online political ads. By facilitating access to the ballot box, addressing the influence of money in politics, and ensuring that lawmakers can be held accountable by those they serve, this bold legislation will strengthen democracy and put power back in the hands of everyday Americans.”

“I’m proud to join my colleagues to introduce landmark legislation to protect the power of the American people in our democracy,” said Kaine. “This bill is about ensuring Americans can exercise their right to vote, securing our elections, and bringing more transparency to money in politics.”

The For the People Act would:

Make It Easier, Not Harder, To Vote

— Improve Access and Secure Voting Rights – Expands access to the ballot box by taking aim at institutional barriers to voting, such as cumbersome registration systems, limited voting hours, and many other roadblocks. The bill creates automatic voter registration across the country, ensures that individuals who have completed felony sentences have their full rights restored, expands voting by mail, promotes early voting and online voter registration, and modernizes the U.S. voting system. 

— Promote Integrity – Fights back against the assault on voting rights by reaffirming Congress’s commitment to restoring the Voting Rights Act, prohibiting voter roll purges like those seen in Ohio, Georgia and elsewhere, and ensuring that discriminatory voter ID laws do not prevent Americans citizens from exercising their rights. This bill would also end partisan gerrymandering to prevent politicians from picking their voters and making Americans feel like their voices do not count. 

— Bolster Election Security – Ensures that American elections are decided by American voters without interference by foreign adversaries. The bill creates a national strategy to protect our democratic institutions, increases oversight over election vendors, and enhances federal support for state voting system security upgrades, including paper ballot voting systems.

End The Dominance of Big Money In Politics 

— Guarantee Disclosure – Shines a light on dark money in politics by requiring all political organizations to disclose their donors, which will break the nesting-doll system that allows big-money contributors and special interests to hide their spending in networks of so-called “social welfare” organizations; expands “Stand By Your Ad” provisions; and harmonizes internet disclosure rules with existing broadcast rules.

— Empower Citizens – Builds a 21st-century campaign finance system to increase the power of small donors, reaffirms Congress’s authority to regulate money in politics, and pushes back against Citizens United. This bill levels the political playing field for Americans, creating a multiple matching system for small donations and allowing the American people to exercise their due influence in a post-Citizens United world, while reaffirming that Congress should have the authority to regulate money in politics. The new system of citizen-owned elections will decrease special interests’ influence on Congress and the White House and lay the groundwork for an agenda that serves the American people.

— Strengthen Oversight – Repairs and restructures the Federal Election Commission (FEC) to break gridlock and enhance enforcement mechanisms, tightens rules on super PACs, and repeals policy riders that block sensible disclosure measures. 

Ensure Public Officials Work For The Public Interest

— Fortify Ethics Laws and Slow the Revolving Door – Breaks the influence of special interests in Washington and increases accountability by expanding conflict of interest law and divestment requirements, slows the revolving door, prohibits members of Congress from serving on for-profit corporate boards, limits first class travel for government officials, ends taxpayer-financed settlements for officeholders, and requires presidential candidates to disclose their tax returns.

— Impose Greater Ethics Enforcement – Gives teeth to federal ethics oversight by overhauling the Office of Government Ethics, requires the Supreme Court to create a new ethical code, and closes registration loopholes for lobbyists and foreign agents.

The legislation is sponsored by U.S. Senators Tom Udall (D-NM) and Jeffrey A. Merkley (D-OR). In addition to Warner and Kaine, the bill is cosponsored by Senators Chuck Schumer (D-NY), Kamala D. Harris (D-CA), Amy Klobuchar (D-MN), Patrick Leahy (D-VT), Richard J. Durbin (D-IL), Ben Cardin (D-MD), Ron Wyden (D-OR), Tammy Baldwin (D-WI), Chris Van Hollen (D-MD), Chris Coons (D-DE), Ed Markey (D-MA), Richard Blumenthal (D-CT), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Kirsten Gillibrand (D-NY), Sherrod Brown (D-OH), Michael Bennet (D-CO), Elizabeth Warren (D-MA), Tina Smith (D-MN), Dianne Feinstein (D-CA), Tom Carper (D-DE), Angus King (I-ME), Bob Casey (D-PA), Catherine Cortez Masto (D-NV), Sheldon Whitehouse (D-RI), Jon Tester (D-MT), Cory Booker (D-NJ), Debbie Stabenow (D-MI), Tammy Duckworth (D-IL), Chris Murphy (D-CT), Jeanne Shaheen (D-NH), Maggie Hassan (D-NH), Gary Peters (D-MI), Jacky Rosen (D-NV), Bob Menendez (D-NJ), Patty Murray (D-WA), Doug Jones (D-AL), Jack Reed (D-RI), Joe Manchin (D-WV), Maria Cantwell (D-WA), and Kyrsten Sinema (D-AZ).

The full text of the legislation is available HERE.

A one-page summary of the bill is available HERE.

A longer summary of the bill is available HERE.  

A section-by-section summary of the legislation is available HERE.

A list of organizations supporting the legislation is available HERE

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WASHINGTON – Today, the Securities and Exchange Commission (SEC) Investor Advisory Committee called on the Commission to modernize and improve corporate reporting and disclosure of human capital management practices. 

The Investor Advisory Committee recommendations come on the heels of calls by U.S. Sen. Mark R. Warner (D-VA) for accounting principles and reporting requirements to view workforce investments in human capital as assets, rather than costs, in a knowledge-based economy. 

Last July, Sen. Warner, a former business executive and current member of the Senate Banking Committee, pressed the SEC to use its rulemaking authority to require companies to tell shareholders whether and how they are investing in their workforces through human capital management disclosures. The Investor Advisory Committee’s recommendations to the SEC today track closely with the human capital reforms Sen. Warner proposed in his July letter.   

“I’m very encouraged to see the Investor Advisory Committee come to similar conclusions based on the evidence: that the SEC should recognize the significance of human capital management and modernize corporate reporting and disclosure on it. In particular, I’m encouraged to see their recommendations include training per-employee. The recommendations would go a long way to provide investors with the critical information they need  to evaluate whether a company is making the appropriate investments in its workforce to compete in a 21st century economy. Just as there were increasing calls for greater and standardized disclosure of R&D in the 1970’s, there’s growing support for more human capital disclosure for the purpose of long-term economic growth. I hope the SEC responds with quick, meaningful action,” Sen. Warner said today.

Human capital management disclosures provide a snapshot of how U.S. companies compensate, train, retain, and incentivize their employees. Several studies have found that human capital management disclosures are an important predictor of a company’s long-term success in a changing economy. For example, a 2015 McKinsey study found that firms that prioritize learning programs for their employees perform better overall than those that do not. As the Investor Advisory Committee also noted, a recent Harvard report found a positive correlation between disclosed training programs and financial performance. Requiring companies to disclose human capital management indicators would provide investors with a better understanding of a firm’s performance and potential for long-term growth. 

The SEC’s current human capital disclosure requirements are extremely limited, requiring disclosures only of the number of employees, their median compensation, and CEO compensation. In a July letter, Sen. Warner urged the SEC to heed the calls of investors and utilize its rulemaking authority to require companies across the board to provide further details relating to human capital management. Specifically, Sen. Warner encouraged the SEC to revise and modernize Regulation S-K to require public reporting companies to disclose more qualitative and quantitative information regarding human capital. While the SEC would be responsible for developing and finalizing the requirements, human capital disclosures could potentially require firms to make public information about employee education and training programs; workforce demographics; employee turnover; employee compensation; and workforce compensation and incentives.

 

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WASHINGTON- U.S. Senator John Cornyn (R-TX), along with Senate Select Committee on Intelligence Chairman Richard Burr (R-NC) and Vice Chairman Mark Warner (D-VA), introduced the Secure 5G and Beyond Act. This legislation would require the President to develop a strategy to ensure the security of next-gen mobile telecommunications systems and infrastructure in the United States, as well as to assist allies in maximizing the security of their systems, infrastructure, and software. Senators Susan Collins (R-ME), Tom Cotton (R-AR), Marco Rubio (R-FL), and Michael Bennet (D-CO) are original cosponsors.

“Our telecom systems continue to advance at a rapid rate, and it’s critical that we develop a strategy to protect potential vulnerabilities from being exploited by our adversaries,” said Sen. Cornyn. “I’m proud to partner with my colleagues on this legislation to ensure we can defend our national security interests as we develop future technologies.” 

“It’s imperative we not only understand the revolutionary value of next-gen communications, but also the security measures required to ensure the deployment of safe and secure 5G networks,” said Sen. Burr.  “I’m proud to work with my colleagues on this important legislation, which will bring together a variety of industry experts, further protect Americans’ privacy rights, and better equip our nation with a comprehensive strategy as we continue to be a global leader in technology.”

“5G promises to usher in a new wave of innovations, products, and services. At the same time, the greater complexity, density, and speed of 5G networks relative to traditional communications networks will make securing these networks exponentially harder and more complex,” Sen. Warner said. “It’s imperative that we have a coherent strategy, led by the President, to harness the advantages of 5G in a way that understands – and addresses – the risks.”

 

Background on the Secure 5G and Beyond Act:

  • Requires the President to create an inter-agency strategy to secure 5th generation and future generation technology and infrastructure in the United States and with our strategic allies.
  • Designates NTIA as the Executive Agent to coordinate implementation of the strategy in coordination with: the Chairman of the FCC, the Secretary of Homeland Security, the Director of National Intelligence, the Attorney General, and the Secretary of Defense. 
  • Ensures that the strategy does not include a recommendation to nationalize 5th generation deployment or future generations of mobile telecommunications infrastructure in the United States.

 

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WASHINGTON – U.S. Senator Mark R. Warner, Vice Chairman of the Senate Intelligence Committee and a member of the Senate Rules Committee with oversight jurisdiction over federal elections, joined his colleagues in sending a letter to the country’s three largest election system vendors with questions to help inform the best way to move forward to strengthen the security of our voting machines. In the U.S., the three largest election equipment vendors—Election Systems & Software, LLC; Dominion Voting Systems, Inc.; and Hart InterCivic, Inc.—provide the voting machines and software used by ninety-two percent of the eligible voting population. However, voting and cybersecurity experts have begun to call attention to the lack of competition in the election vendor marketplace and the need for scrutiny by regulators as these vendors continue to produce poor technology, like machines that lack paper ballots or audibility.  

The letter was signed by Senator Mark Warner (D-VA), Vice Chairman of the Senate Intelligence Committee, Senator Amy Klobuchar (D-MN), Ranking Member of the Rules Committee, Senator Jack Reed (D-RI), Ranking Member of the Senate Armed Services Committee, and Senator Gary Peters (D-MI), Ranking Member of the Senate Homeland Security Committee. 

“The integrity of our elections remains under serious threat. Our nation’s intelligence agencies continue to raise the alarm that foreign adversaries are actively trying to undermine our system of democracy, and will target the 2020 elections as they did the 2016 and 2018 elections,” the senators wrote. “The integrity of our elections is directly tied to the machines we vote on – the products that you make. Despite shouldering such a massive responsibility, there has been a lack of meaningful innovation in the election vendor industry and our democracy is paying the price.”

 

The full text of the letter is below:

 

March 26, 2019

 

 

Mr. Phillip Braithwaite

President and Chief Executive Officer

Hart InterCivic, Inc.

 

Mr. Tom Burt

President and Chief Executive Officer

Election Systems & Software, LLC

 

Mr. John Poulos

President and Chief Executive Officer

Dominion Voting Systems

 

Dear Mr. Braithwaite, Mr. Burt, and Mr. Poulos: 

 

We write to request information about the security of the voting systems your companies manufacture and service.

 

The integrity of our elections remains under serious threat. Our nation’s intelligence agencies continue to raise the alarm that foreign adversaries are actively trying to undermine our system of democracy, and will target the 2020 elections as they did the 2016 and 2018 elections. Following the attack on our election systems in 2016, the Department of Homeland Security (DHS) designated election infrastructure as critical infrastructure in order to protect our democracy from future attacks and we have taken important steps to prioritize election security. We appreciate the work that your companies have done in helping to set up the Sector Coordinating Council (SCC) for the Election Infrastructure Subsector.

 

Despite the progress that has been made, election security experts and federal and state government officials continue to warn that more must be done to fortify our election systems. Of particular concern is the fact that many of the machines that Americans use to vote have not been meaningfully updated in nearly two decades. Although each of your companies has a combination of older legacy machines and newer systems, vulnerabilities in each present a problem for the security of our democracy and they must be addressed. 

 

On February 15, the Election Assistance Commission’s (EAC) Commissioners unanimously voted to publish the proposed Voluntary Voting System Guidelines 2.0 (VVSG) Principles and Guidelines in the Federal Register for a 90 day public comment period. As you know, this begins the long-awaited process of updating the Principles and Guidelines that inform testing and certification associated with functionality, accessibility, accuracy, auditability, and security. The VVSG have not been comprehensively updated since 2005 – before the iPhone was invented – and unfortunately, experts predict that updated guidelines will not be completed in time to have an impact on the 2020 elections. While the timeline for completing VVSG 2.0 is frustrating, these guidelines are voluntary and they establish a baseline – not a ceiling – for voting equipment. Furthermore, VVSG 1.1 has been available for testing since 2015.

 

In other words, the fact that VVSG 2.0 remains a work in progress is not an excuse for the fact that our voting equipment has not kept pace both with technological innovation and mounting cyber threats. There is a consensus among cybersecurity experts regarding the fact that voter-verifiable paper ballots and the ability to conduct a reliable audit are basic necessities for a reliable voting system. Despite this, each of your companies continues to produce some machines without paper ballots. The fact that you continue to manufacture and sell outdated products is a sign that the marketplace for election equipment is broken. These issues combined with the technical vulnerabilities facing our election machines explain why the Department of Defense’s Defense Advanced Research Projects Agency (DARPA) is reportedly working to develop an open source voting machine that would be secure and allow people to ensure their votes were tallied correctly.  

 

As the three largest election equipment vendors, your companies provide voting machines and software used by 92 percent of the eligible voting population in the U.S. This market concentration is one factor among many that could be contributing to the lack of innovation in election equipment. The integrity of our elections is directly tied to the machines we vote on – the products that you make. Despite shouldering such a massive responsibility, there has been a lack of meaningful innovation in the election vendor industry and our democracy is paying the price.

 

In order to help improve our understanding of your businesses and the integrity of our election systems, we respectfully request answers to the following questions by April 9, 2019:

 

  1. What specific steps are you taking to strengthen election security ahead of 2020? How can Congress and the federal government support these actions?

 

  1. What additional information is necessary regarding VVSG 2.0 in order for your companies to begin developing systems that comply with the new guidelines?

 

  1. Do you anticipate producing systems that will be tested for compliance with VVSG 1.1? Why or why not?

 

  1. What steps, if any, are you taking to enhance the security of your oldest legacy systems in the field, many of which have not been meaningfully updated (if at all) in over a decade?

 

  1. How do EAC certification requirements and the certification process affect your ability to create new election systems and to regularly update your election systems?

 

  1. Do you support federal efforts to require the use of hand-marked paper ballots for most voters in federal elections?  Why or why not?

 

  1. How are you working to ensure that your voting systems are compatible with the EAC’s ballot design guidelines (i.e. “Effective Designs for the Administration of Federal Elections”)? 

 

  1. Experts have raised significant concerns about the risks of ballot marking machines that store voter choice information in non-transparent forms that cannot be reviewed by voters (i.e. such as barcodes or QR codes), noting that errors in the printed vote record could potentially evade detection by voters. Do you currently sell any machines whose paper records do not permit voters to review the same information that the voting system uses for tabulation? If so, do you believe this practice is secure enough to be used in the 2020 election cycle?

 

  1. Do you make voting systems with Cast Vote Records (CVRs) that can be reliably connected to specific unique ballots, while also maintaining voter privacy? If not, why not? Does your company make voting systems that allow for a machine-readable data export of these CVRs in a format that is presentation-agnostic (such as JSON) and can be reliably parsed without substantial technical effort? If not, why not?

 

  1. Would you support federal legislation requiring expanded use of routine post-election audits, such as risk-limiting audits, in federal elections? Why or why not?

 

  1. What portion of your revenue is invested into research and development to produce better and more cost effective voting equipment?

 

  1. Congress is currently working on legislation to establish information sharing procedures for vendors regarding security threats. How does your company currently define a reportable cyber-incident and what protocols are in place to report incidents to government officials?
  2. What steps are you taking to improve supply chain security? To the extent your machines operate using custom, non-commodity hardware, what measures are you taking to ensure that the supply chains for your custom hardware components are monitored and secure?

 

  1. Do you employ a full-time cybersecurity expert whose role is fully dedicated to improving the security of your systems? If so, how long have they been on staff, and what title and authority do they have within your company? Do you conduct background checks on potential employees who would be involved in building and servicing election systems?

 

  1. Does your company operate, or plan to operate, a vulnerability disclosure program that authorizes good-faith security research and testing of your systems, and provides a clear reporting mechanism when vulnerabilities are discovered? If not, what makes it difficult for your company to do so, and how can Congress and the federal government help make it less difficult?

 

  1. How will DARPA’s work impact how your company develops and manufactures voting machines?

 

We look forward to your answers to these questions, and thank you for your efforts to work with us and with state election officials around the country to improve the security of our nation’s elections.

 

Sincerely,

 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) and Sen. Chris Van Hollen (D-MD) – all members of the Senate Committee on the Budget – filed four amendments to the Fiscal Year 2020 budget resolution aimed at protecting federal employees and contractors. The amendments would put the Senate on the record in favor of preserving retirement security for federal employees, and providing back pay to service contractors affected by the recent federal government shutdown. 

“Federal workers are the backbone of our government. If we want to recruit and retain top talent, we have to offer competitive pay and benefits, including retirement security,” said Sen. Warner, who added, “Though the shutdown itself may be over, for many federal contractors who went without pay for 35 days, the effects have been long-lasting. The Senate cannot forget about these workers, many of whom work paycheck to paycheck. We owe it to them to provide back pay.” 

“This year, federal workers experienced the longest shutdown in history. Their finances were pinched and their families were hurt. As we look at next year’s budget, my priority is to ensure that we’re protecting federal workers against pay cuts, preserving their retirement security, and trying to secure back pay for the service contractors impacted by government shutdowns,” said Sen. Kaine. 

“Our federal workers and federal contract employees provide crucial services to the American people. These amendments will protect the hard-earned paychecks and benefits of our federal employees and help secure back pay for contract workers harmed by the government shutdown,” said Sen. Van Hollen.

One amendment would ensure that federal workers are not shouldering more than their fair share of deficit reduction. This amendment would establish a scorekeeping rule that would prevent federal employees from being subject to increased retirement contributions meant to offset the cost of other, unrelated congressional spending. Despite there being no solvency concerns related to the Federal Employees Retirement System (FERS), Congress has repeatedly increased the required federal employee contribution rate without offering any additional benefit. Combined with years of pay freezes, the increased requirements have resulted in de facto pay cuts for thousands of hardworking federal employees. 

Another amendment would preserve the retirement security of civil service employees by preventing further retirement benefit reductions and protecting the retirement plans that employees have spent decades building.

A third amendment would establish a deficit-neutral reserve fund to provide back pay to service contractors affected by the recent government shutdown. The shutdown caused more than 800,000 employees and thousands of contractors to go without pay for 35 days, and while affected federal employees were assured that they would be compensated for their missed wages, their contractor colleagues – who perform essential functions like cleaning, food service, and security – were not given that same guarantee. This amendment would put the Senate on the record in support of making these workers whole, following the record-breaking shutdown. 

A fourth amendment would protect federal workers’ retirement benefits by striking a provision in the draft budget that could cut federal employees’ benefits by at least $15 billion.

Sens. Warner, Kaine, and Van Hollen have fiercely advocated for federal employees and contractors, especially during and following the government shutdown. In January, the Senators, along with several colleagues, introduced a bill to pay back federal contract workers after the shutdown. They also joined a bipartisan group of Senators earlier this month in urging the Senate Appropriations Committee to include contractor back pay in the upcoming disaster package. Additionally, the Senators pressed OMB in February for a timeline detailing the implementation of the 1.9 percent pay increase for federal employees that the Senators worked to pass into law earlier in the year. 

The Senate Budget Committee is scheduled to begin its two-day markup on the FY20 budget resolution on Wednesday, March 27. Though nonbinding, the budget resolution provides a blueprint for future congressional action on federal programs.  

 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after U.S. Air Force Secretary Heather Wilson announced that the Air Force recommends relocating the F-22 Flight and Maintenance Formal Training Unit (FTU) to Joint Base Langley-Eustis in Hampton Roads: 

“We are pleased that after careful evaluation, the U.S. Air Force has determined that Joint Base Langley-Eustis should permanently house the F-22 training squadron. There is nowhere better to house these aircraft, the unit and supporting personnel and their families than Hampton Roads – a region celebrated for its defense assets and long history of strengthening our nation’s national security. We look forward to working with the U.S. Air Force and the Virginia Air National Guard as it moves forward with the relocation process.”

While Joint Base-Langley Eustis (JBLE) is designed to accommodate three squadrons, the base currently houses two squadrons. In February, Sens. Warner and Kaine led the entire Virginia delegation in a letter urging the Air Force Secretary to permanently house the F-22 training squadron at JBLE after Hurricane Michael devastated Tyndall Air Force Base. The unit was then temporarily relocated to Eglin Air Force Base in Florida while the Air Force determined the most appropriate permanent home for the Formal Training Unit. 

Today, the U.S. Air Force announced that it has determined JBLE is the most suitable F-22 location to support Formal Training Unit operations. The Air Force will make its final basing decision following compliance with the National Environmental Policy Act and other regulatory and planning processes.

 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) along with Sen. Kamala Harris (D-CA), members of the Senate Committee on the Budget, filed an amendment to the Fiscal Year 2020 budget resolution to ensure military families have safe and healthy housing. The amendment would protect the wellbeing of our nation’s military families by creating a reserve fund to address health hazards in military housing.

“Thousands of servicemembers call Virginia home, and their experiences with unsafe living conditions in housing are disturbing and unacceptable,” said Sen. Warner. “This amendment would ensure we can improve housing conditions for servicemembers and their families, whether they’re stationed here in the Commonwealth or across the country.” 

“Too many of our troops and their families are living in unacceptable conditions,” said Sen. Kaine. “When servicemembers are deployed, their families not only have to worry about their loved ones in harm’s way, but many of them have to endure added anxiety caused by lead, mold, or rodent infestations in their homes. Military families sacrifice so much to serve our nation – they shouldn’t have to tolerate horrible housing conditions, and our amendment is part of an effort to make sure they never have to again.” 

“Members of our military and their families in California and across the nation make sacrifices every day and their housing should be clean and free from health hazards,” said Sen. Harris.  “I’m proud to join my colleagues to introduce this common-sense amendment to ensure our nation’s military families live in the safe and comfortable housing that they deserve.”  

The proposed amendment would reaffirm a commitment by Congress to address pervasive allegations of health hazards at privatized military housing under the budget resolution. The health hazard allegations include mold blooms, lead poisoning, cockroaches, rodent infestations, and water leaks.  

In February, Sens. Warner, Kaine and Harris introduced the Ensuring Safe Housing for our Military Act, which would create stronger oversight mechanisms over private military housing, allow the military to withhold payments to contractors until issues are resolved, and prohibit contractors from charging certain fees. It would also require the military to withhold incentive fees to poorly performing contractors.

The Senate Budget Committee is scheduled to begin its two-day markup on the FY20 budget resolution on Wednesday, March 27.

 The budget amendment text can be found here.

 

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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 after Special Counsel Robert S. Mueller III delivered his report on Russia’s interference in the 2016 U.S. presidential election to U.S. Attorney General William Barr:

"Congress and the American people deserve to judge the facts for themselves. The Special Counsel's report must be provided to Congress immediately, and the Attorney General should swiftly prepare a declassified version of the report for the public. Nothing short of that will suffice.

"It is also critical that all documents related to the Special Counsel's investigation be preserved and made available to the appropriate Congressional committees.

"Any attempt by the Trump Administration to cover up the results of this investigation into Russia's attack on our Democracy would be unacceptable."

 

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Washington – U.S. Sen. Mark R. Warner (D-VA) today wrote to Attorney General William Barr to request an update on the implementation of the Ashanti Alert Act – a piece of crucial bipartisan legislation championed by Sen. Warner and signed into law in December of 2018. The Ashanti Alert Act requires the Department of Justice (DOJ) to establish a national communications network to assist regional and local search efforts for certain missing adults, filling a gap for missing persons who are too old for an Amber Alert and too young for a Silver Alert.

“It has now been more than two months since the Ashanti Alert Act was signed into law, and I continue to consult with stakeholders who are eager to make progress in implementing this new network so we can start saving lives,” said Sen. Warner. “I remain strongly committed to the Ashanti Alert Act and plan to actively monitor its implementation to ensure that the Department, law enforcement agencies, and relevant entities and stakeholders can work together to make the Ashanti Alert network as helpful and effective as possible.” 

The Ashanti Alert will notify the public about missing or endangered adults ages 18-64. The law instructs the Attorney General to designate a national Ashanti Alert Coordinator responsible for helping states establish alert systems and develop voluntary guidelines. Under the law, the coordinator is also tasked with providing Congress with an annual report detailing the use and progress of Ashanti Alerts in states. 

In requesting a status update on DOJ’s implementation efforts, Sen. Warner also presented the Attorney General with the following questions:

  1.  Have you designated a national coordinator to lead the implementation effort?
  2. Can you provide a timeline through which you plan to achieve important milestones in establishing this new network?
  3. What is the Department’s strategy to solicit and incorporate input from subject matter experts, local law enforcement agencies, and relevant federal agencies? Has the Department begun this outreach? 
  4. What barriers or challenges to implementation had you identified and how do you plan to address them?
  5. What additional assistance or direction from Congress is necessary to assist in your efforts? 

The Ashanti Alert Act was named after Ashanti Billie, a 19-year-old abducted in Norfolk, Va. on September 18, 2017, whose body was discovered in North Carolina 11 days after she was first reported missing. Sen. Warner secured unanimous passage of this bill through the Senate in December 6, 2018 by working with his colleagues to make modifications to the House bill, which was introduced by then-Congressman Scott Taylor and had previously been blocked from passing the Senate. The bill was then signed into law by President Trump on December 31, 2019.

 

Full text of the letter is below and a copy can be found here.

 

March 21, 2019

 

The Honorable William Barr  

Attorney General 

U.S. Department of Justice 

950 Pennsylvania Avenue NW

Washington, D.C., 20530 

 

Dear Attorney General Barr,

 

I write to respectfully request an update from the Department of Justice regarding the status of implementation of the Ashanti Alert Act. As you are aware, on December 31, 2018, President Trump signed into law the Ashanti Alert Act of 2018 (Pub L. 115-401). The Ashanti Alert Act requires the Department of Justice to establish a national communications network, named the Ashanti Alert, to assist regional and local search efforts for certain missing adults. Last Congress, the Senate and House of Representatives secured strong bipartisan support for the legislation and it passed both chambers by a near-unanimous margin.

 

As you know, the Ashanti Alert, similar to other missing person alert systems, would notify the public about missing or endangered adults, ages 18-64, through a national communications network to assist law enforcement in searching for the missing person, helping to save lives. This law was borne out of the tragic death of Ashanti Billie, a 19 year old who was abducted in Norfolk, Virginia and whose body was discovered 11 days after she was first reported missing. Because Ashanti was too old for an Amber Alert to be issued and no similar network for adults existed at the time, her parents, family, and friends struggled to get word out of her disappearance in a timely fashion.

 

It has now been more than two months since the Ashanti Alert Act was signed into law, and I continue to consult with stakeholders who are eager to make progress in implementing this new network so we can start saving lives. Last year, Virginia passed legislation of its own to create an Ashanti Alert network and issued its first alert last month. Extending this effort to all 50 states is, of course, a difficult and comprehensive undertaking. I strongly urge that you direct senior Department officials to prioritize implementation at the federal level.

 

Under the new law, the Attorney General must designate a national coordinator to work with states to establish Ashanti Alert systems and to develop voluntary guidelines that states (as well as territories) should use in creating their networks. Called the Ashanti Alert Coordinator, he or she would be responsible for consulting with the Secretary of Transportation, Federal Communications Commission, Assistant Secretary for Aging of the Department of Health and Human Services, and other DOJ offices in coordinating activities to support Ashanti Alerts. The Coordinator is also expected provide an annual report to Congress detailing the states that are in the process of establishing or have already established Ashanti Alerts and information on Ashanti Alert use in states. 

 

As you move forward with implementation of this law, I ask that you provide me an update on the status of your efforts. More specifically: 

 

·         Have you designated a national coordinator to lead the implementation effort?

·         Can you provide a timeline through which you plan to achieve important milestones in establishing this new network?

·         What is the Department’s strategy to solicit and incorporate input from subject matter experts, local law enforcement agencies, and relevant federal agencies? Has the Department begun this outreach? 

·         What barriers or challenges to implementation had you identified and how do you plan to address them?

·         What additional assistance or direction from Congress is necessary to assist in your efforts? 

 

I remain strongly committed to the Ashanti Alert Act and plan to actively monitor its implementation to ensure that the Department, law enforcement agencies, and relevant entities and stakeholders can work together to make the Ashanti Alert network as helpful and effective as possible.

 

I look forward to hearing back from you with this information by April 21, 2019. If I can be of assistance in addressing implementation challenges at your agency, please contact Nicholas Devereux on my staff at (202) 224-2023. Thank you again for your efforts to prioritize the implementation of the Ashanti Alert Act and to fully leverage the potential of this opportunity to transform the lives and safety of Americans.

 

Sincerely,

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WASHINGTON, D.C.  - U.S. Senators Mark R. Warner and Tim Kaine (both D-VA) joined Senators Jon Tester (D-MT) and Jerry Moran (R-KS) to introduce bipartisan legislation to improve veterans' access to mental health care and help ensure veterans’ lives are not lost to suicide. The Commander John Scott Hannon Veterans Mental Health Care Improvement Act is a comprehensive approach to connect more veterans with the mental health care they need. The bill seeks to improve care through the Department of Veterans Affairs (VA) by bolstering the VA's mental health workforce, increasing rural access to care, and making sure veterans have access to alternative treatment options like animal therapy, outdoor sports, yoga, and acupuncture. 

“We’ve got to make sure that servicemembers who’ve faithfully served our country receive the support they need when they transition to civilian life,” said Warner. “This bipartisan legislation strengthens access to mental health treatment for our men and women in uniform.” 

“Too many of our veterans suffer in silence because they don’t have access to the resources necessary to cope with mental health issues following their service,” said Kaine.“I’m hopeful this bill will create avenues for veterans to receive the help they deserve after sacrificing so much to serve our country.” 

It is estimated that more than 20 veterans die by suicide every day. Of those, 14 have received no treatment or care from the VA. The Commander John Scott Hannon Veterans Mental Health Care Improvement Act will improve outreach to veterans and their mental health care options in five major ways:

1. Bolster the VA's mental health workforce to serve more veterans by giving the VA direct hiring authority for more mental health professions, offering scholarships to mental health professionals to work at Vet Centers, and placing at least one Suicide Prevention Coordinator in every VA hospital.
2. Improve rural veterans' access to mental health care by increasing the number of locations at which veterans can access VA telehealth services and offering grants to non-VA organizations that provide mental health services or alternative treatment to veterans.
3. Strengthen support and assistance for servicemembers transitioning out of the military by automatically giving every servicemember one full year of VA health care when they leave the military and improving services that connect transitioning veterans with career and education opportunities.
4. Study and invest in innovative and alternative treatment options by expanding veterans' access to animal, outdoor, or agri-therapy, yoga, meditation, and acupuncture, and investing in VA research into the impact of living at high altitude on veterans' suicide risk and identifying and treating mental illness.
5. Hold the VA accountable for its mental health care and suicide prevention efforts by examining how the VA manages its suicide prevention resources and how the VA provides seamless care and information sharing for veterans seeking mental health care from both the VA and community providers. 

The bill is named in honor of Commander John Scott Hannon, a retired Navy SEAL from Montana who took his own life following a struggle with PTSD.

The bill is endorsed by a growing number of veterans and mental health advocates, including the Veterans of Foreign Wars (VFW), Disabled American Veterans (DAV), Iraq and Afghanistan Veterans of America (IAVA), Paralyzed Veterans of America (PVA), American Veterans (AMVETS), National Alliance on Mental Illness (NAMI), Volunteers of America (VOA), American Psychological Association (APA), and American Association of Suicidology. 

A one page summary of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act can be found online HERE. The full text of the bill can be found HERE.

 

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WASHINGTON, D.C. -- Today, U.S. Senators Mark Warner and Tim Kaine released the following statement on the President’s nomination of U.S. Magistrate Judge David J. Novak for the vacancy in the U.S. District Court for the Eastern District of Virginia, Richmond Division following Judge Henry E. Hudson’s decision to take senior status: 

 “We are pleased that the President has nominated Judge Novak to fill the vacancy. Based on Mr. Novak’s distinguished record, we are confident he would serve capably on the bench. We hope our colleagues will join us to support this well-qualified nominee.”

In September, Warner and Kaine sent a letter to President Trump, recommending Judge Novak for the vacancy. Mr. Novak has served as U.S. Magistrate Judge in the Eastern District since 2012. He was previously nominated to fill a seat in the Richmond Division during the 110th Congress, but his nomination expired before Congress could confirm him. 

 

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