Washington, D.C. – Six Senate Intelligence Committee members today requested the National Security Agency (NSA) provide a public update on the status of the NSA’s phone records surveillance program.

Sen. Ron Wyden, D-Ore., Vice-chair Mark R. Warner, D-Va., Sen. Dianne Feinstein, D-Calif., Sen. Martin Heinrich, D-N.M., Sen. Kamala Harris, D-Calif., and Sen. Michael Bennet, D-Colo., sent the request in a letter to NSA Director Gen. Paul Nakasone today. 

The text of the letter is below. View a signed copy here.

Dear General Nakasone,

We write to urge that you provide a public description, consistent with protection of sources and methods, of the current status of the call detail record (CDR) program under Title V of the Foreign Intelligence Surveillance Act (FISA).  On June 28, 2018, NSA publicly announced that it had obtained from telecommunications service providers CDRs it was not authorized to receive, and that NSA had begun deleting all CDRs acquired since 2015.  Since then, there have been no public updates from NSA.  A public status report will resolve the current confusion, demonstrate the NSA’s commitment to transparency, and inform Congress’s deliberations about the possible reauthorization of the program later this year.

Thank you for your attention to this important matter.

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WASHINGTON – U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Environment and Public Works Committee, Tom Carper (D-Del.), Ranking Member of the Senate Environment and Public Works Committee, Mark Warner (D-Va.), Chris Coons (D-Del.), Tim Kaine (D-Va.) and Chris Van Hollen (D-Md.) on Wednesday introduced legislation to reauthorize the highly successful Chesapeake Bay Gateways and Watertrails program run by the National Park Service. For more than 20 years, the Chesapeake Bay Gateways and Watertrails Network has expanded public access to the Chesapeake Bay through a state, local, and federal partnership of 172 Chesapeake sites, parks, wildlife refuges and water trails. The program facilitates enhanced interpretation, education, youth employment, recreation and access to the Chesapeake Bay and rivers, and trailheads for the Captain John Smith Chesapeake and Star-Spangled Banner national historic trails. 

The bicameral, bipartisan effort to reauthorize the Chesapeake Gateways and Watertrails Program is spearheaded in the House of Representatives by Congressman John P. Sarbanes (MD-3). The legislation is endorsed by the Chesapeake Conservancy, National Parks Conservation Association, Chesapeake Bay Foundation, Choose Clean Water Coalition, and National Parks Conservation Association. 

“Virginians deserve to be able to enjoy all the natural treasures that our Commonwealth has to offer, and the Chesapeake Bay is no exception,” said Senator Warner. “Reauthorizing the Chesapeake Gateways and Watertrails program will facilitate community access to the Bay and further public education about the Bay’s unique history and rich ecology. This legislation will also continue to boost Virginia’s outdoor recreation industry, which supports 197,000 direct jobs and generates more than $21 billion in consumer spending per year.”

“Every year, the Gateways and Watertrails Network teaches millions of visitors about the vital historic, economic, and environmental role the Chesapeake Bay watershed plays,” said Senator Kaine. “There are over three dozen Gateways and Watertrails sites across Virginia, and I’m proud of this bipartisan effort to continue supporting them and the surrounding local economies.”

“The Chesapeake Bay is a national treasure and contributes $1 trillion to our regional economy. But if you cannot get to the Bay, you cannot enjoy all it has to offer,” said Senator Cardin.  “The Gateways and Watertrails program has been a gamechanger, making the entire Bay experience accessible, attractive and enjoyable for all. I am proud of our ongoing, regional effort to continue federal support for this important program supporting the natural gateways to the Chesapeake Bay.” 

“This program is one of best tools at our disposal to boost public access to the places that make the Chesapeake Bay Watershed such an important national treasure, “ said Senator Carper. “Delaware boasts a variety of sites – both coastal and inland - that speak to the cultural and natural value of the region and draw visitors who contribute to our state’s $3 billion a year tourism economy. I’m excited to continue my support of this crucial federal-state partnership.”

“The Chesapeake Bay watershed is one of our greatest natural resources, providing wonderful recreational opportunities and supporting the livelihoods of millions across our region,” said Senator Coons. “Thousands of visitors from around the country visit our region to immerse themselves in our breathtaking natural landscapes and experience all of the natural, cultural, and historic sites the Chesapeake has to offer. I am proud to be an original co-sponsor of the bipartisan reauthorization of the Chesapeake Gateways and Watertrails program.” 

“The Bay is a national treasure and a critical economic driver in Maryland. Reauthorizing the Chesapeake Bay Gateways and Watertrails program will ensure that families can continue to make memories on its waters and shores for generations to come. I’m pleased to support this effort to boost tourism and preserve the Bay, and I will continue working in Congress on this crucial issue,” said Senator Van Hollen.   

Visitation at Chesapeake Gateways sites exceeds 10 million people annually, and the competitive grants program is oversubscribed every year.  The National Park Service Chesapeake Bay Office provides matching grants between $5,000 and $50,000 for projects that enhance public education of and access to the Chesapeake Bay. Only sites that have gone through a rigorous review process and have been formally selected as part of the Gateway and Watertrails Network are eligible for the competitive grants.

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WASHINGTON – With summer vacation season just around the corner, Sens. Mark R. Warner and Tim Kaine (both D-VA) are drawing attention to an unexpected danger to beachgoers: flying beach umbrellas. Essential staples of many family vacations, the popular beach accessories can quickly become hazards when propelled by wind through the air, as has happened on several occasions in recent years, most tragically in 2016, when Lottie Michelle Belk of Chester, Va. was struck in the torso and killed while vacationing in Virginia Beach with her family. Today, Virginia’s Senators were joined by their colleagues from New Jersey, Sens. Bob Menendez and Cory Booker (both D-NJ), in asking the U.S. Consumer Product Safety Commission (CPSC) to do more to inform and protect the public from dangerous, and potentially lethal, flying beach umbrellas.

“As you know, beach umbrellas provide beachgoers the benefits of shade on hot and sunny days at the shore. Yet, a burst of wind can make these summer accessories harmful to those around them,” the Senators wrote to Consumer Product Safety Commission Chair Elliot Kaye. “Over the last several years, reports of horrific injuries resulting from beach umbrellas have splashed across the media.”

According to data from the Consumer Product Safety Commission, more than 31,000 people were treated at hospitals for umbrella-related injuries between 2008 and 2017. However, the publicly available data falls short of providing consumers with recommended safety standards to prevent beach umbrella-related injuries or information on specific products that have caused serious injuries.

The Senators noted several examples of these injuries, including a Virginia man who lost the use of his eye after a seven-foot-long beach umbrella struck him at a beach in Delaware.

The Senators are requesting more information from the Consumer Product Safety Commission, including what safety standards are in place to prevent umbrella-related injuries and problems with specific beach umbrella products, and what it is doing to ensure the public is properly educated of the risks and dangers of beach umbrellas to prevent injuries. They also requested that the CPSC provide a detailed breakdown of data on umbrella injuries, including the number of injuries caused specifically by beach umbrellas.

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

May 2, 2019

Ann Marie Buerkle

Acting Chairman, U.S. Consumer Product Safety Commission

4330 East West Highway

Bethesda, MD 20814

Dear Acting Chairman Buerkle,

We write regarding concerns about the safety of beach umbrellas. Recently, we heard from constituents impacted by flying beach umbrellas, which have caused injury, and in at least one recent case, death. As you know, beach umbrellas provide beachgoers the benefits of shade on hot and sunny days at the shore. Yet, a burst of wind can make these summer accessories harmful to those around them. According to a query on the Consumer Product Safety Commission’s own website, from 2008-2017 over 31,000 people sought treatment at a hospital due to an umbrella-related injury. Unfortunately, the CPSC does not parse out the data to differentiate between types of umbrellas. Nonetheless, we request information regarding how the CPSC plans to address this issue.

Over the last several years, reports of horrific injuries resulting from beach umbrellas have splashed across the media. In 2015, a Virginian man lost the use of his eye after a seven-foot-long beach umbrella struck him at Bethany Beach, Delaware. Last year, a beach umbrella came loose from the sand in Seaside Heights, New Jersey impaling a British tourist through the ankle. That same summer a woman sitting on the beach in Ocean City, Maryland was pierced below the collarbone by a beach umbrella. Most tragically, in June 2016, a Virginia resident lost her life after a gust of wind launched an umbrella into the air, striking her in the torso while she was on vacation in Virginia Beach. The scourge of beach umbrellas is not a new phenomenon. In 2006, a woman in New York received $200,000 from New York State because of injuries she sustained from an airborne beach umbrella in 1999; the umbrella struck her forehead resulting in 13 stitches and permanent nerve damage.

To ensure the public is equipped with the most updated information, we request responses to the following questions:

1. What if any safety standards does the CPSC have in place to adequately prevent beach umbrella-related injuries?
2. Does CPSC believe any particular safety standard could prevent injuries?
3. What is the CPSC doing to educate the public regarding the dangers of beach umbrellas?
4. Has the CPSC received complaints regarding beach umbrellas? If so, what do those reports indicate about injuries related to beach umbrellas?
5. Is the CPSC aware of problems with specific beach umbrellas that have not been made public?
6. Can the CPSC provide a detailed breakdown of data on umbrella injuries? Specifically, how many injuries are specifically caused by beach umbrellas?

We appreciate CPSC’s willingness to take a direct look at the concerns raised by our constituents, and look forward hearing back from you by June 3, 2019.

Sincerely,

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WASHINGTON, D.C. - Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senators Joe Manchin (D-WV), Sherrod Brown (D-OH), Bob Casey (D-PA), and Tammy Duckworth (D-IL) to introduce the Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More (RECLAIM) Act of 2019 to provide opportunities for coal reclamation and economic development in communities impacted by the downturn in the coal industry.

“As technologies evolve and our economy changes, we cannot forget about the coal mining communities that for years fueled our nation. The RECLAIM Act reiterates our economic commitment to these mining communities by fast-tracking the release of $1 billion from the Abandoned Mine Reclamation Fund and using it to fund projects that reinvigorate communities, promote economic growth and counteract the environmental effects of coal mining locally,” said Warner. 

"Mine reclamation supports hundreds of jobs in Virginia each year, strengthens our economy, and helps clean up the environment,” said Kaine. “This bill would let money already sitting in the Abandoned Mine Reclamation Fund be used to boost economic development in coal communities.”

The RECLAIM Act of 2019 releases $1 billion from the remaining, unappropriated balance in the Abandoned Mine Reclamation Fund to states to be spent on reclamation projects in communities impacted by abandoned mine lands (AML) and the recent decrease in coal mining production. The RECLAIM Act will also require states to carry out reclamation projects that will create favorable conditions for economic development.

These projects must be conducted in areas that have been adversely affected by a reduction in coal mining related activity and/or in communities that have traditionally relied on coal mining for a substantial portion of their economy.  Under the RECLAIM Act, $195 million will be distributed to uncertified states and tribes with approved AML programs each year from Fiscal Year 2020 to 2024. 

Virginia has over 71,000 acres of land that has been impacted by coal mining. It is estimated that it would take approximately 55 years at the current rate of funding and reclamation construction to reclaim Abandoned Mine Land sites in the Commonwealth. The estimated price tag for reclamation is over $313 million. The RECLAIM Act would provide additional funding to the Virginia Abandoned Mine Land program and help speed up reclamation efforts in Southwest Virginia.

To learn more about the RECLAIM Act click here and to read the full bill text click here.

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Washington, D.C. – Today, top House and Senate Democrats sent a letter to Attorney General William Barr rejecting his limited offer to view a less-redacted version of Special Counsel Mueller’s report. The proposal would only allow twelve Members of Congress to view a less-redacted version of the report in person and would not permit them to discuss it with other Members of Congress who all have top security clearances.

In their letter, the Members wrote, “While the current proposal is not workable, we are open to discussing a reasonable accommodation with the Department that would protect law enforcement sensitive information while allowing Congress to fulfill its constitutional duties.”

The letter is signed by House Speaker Nancy Pelosi (D-CA), Senate Democratic Leader Chuck Schumer (D-NY), House Judiciary Chairman Jerrold Nadler (D-NY), Senate Judiciary Ranking Member Dianne Feinstein (D-CA), House Intelligence Chairman Adam Schiff (D-CA), and Senate Intelligence Vice Chairman Mark Warner (D-VA). 

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

April 19, 2019

The Honorable William P. Barr

Attorney General

U.S. Department of Justice

950 Pennsylvania Ave. NW

Washington, D.C. 20530

Dear Attorney General Barr:

We write in response to your proposal regarding restricted access to a less redacted version of Special Counsel Mueller’s report.  Unfortunately, your proposed accommodation—which among other things would prohibit discussion of the full report, even with other Committee Members—is not acceptable. 

In order for Congress to fulfill its functions as intended by the Constitution, it must operate as a coequal and coordinate branch of government.  Given the comprehensive factual findings presented by the Special Counsel’s Report, some of which will only be fully understood with access to the redacted material, we cannot agree to the conditions you are placing on our access to the full report.  Nor can we agree to an arrangement that does not include a mechanism for ensuring access to grand jury material.    

As the Special Counsel stated, “The conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of office accords with our constitutional system of checks and balances and the principle that no person is above the law.”  The Department now has a duty to submit the full report and underlying evidence to Congress so that it can fulfill its constitutional responsibilities.  This includes considering whether legislation is needed in light of the findings contained in Special Counsel Mueller’s report and the Attorney General’s determination that no prosecution is warranted despite those facts.

While the current proposal is not workable, we are open to discussing a reasonable accommodation with the Department that would protect law enforcement sensitive information while allowing Congress to fulfill its constitutional duties.

Sincerely,

__________________________________

Nancy Pelosi

Speaker

U.S. House of Representatives

_________________________________

Chuck Schumer

Democratic Leader

U.S. Senate

__________________________________

Jerrold Nadler

Chairman

House Committee on the Judiciary

__________________________________

Adam Schiff

Chairman

House Permanent Select Committee on Intelligence

__________________________________

Dianne Feinstein

Ranking Member

Senate Committee on the Judiciary

__________________________________

Mark Warner

Ranking Member

Senate Select Committee on Intelligence

cc:        Honorable Kevin McCarthy, Minority Leader, House of Representatives

Honorable Mitch McConnell, Majority Leader, Senate

Honorable Doug Collins, Ranking Member, House Committee on the Judiciary 

            Honorable Lindsey Graham, Chairman, Senate Committee on the Judiciary

Honorable Devin Nunes, Ranking Member, House Permanent Select Committee on Intelligence

            Honorable Richard Burr, Chairman, Senate Select Committee on Intelligence

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WASHINGTON—U.S. Senator John Cornyn (R-TX) and Mark Warner (D-VA), co-chairs of the Senate India Caucus, sent a letter to United States Trade Representative, Ambassador Robert Lighthizer, urging him to consider delaying the issuance of a proclamation to withdraw India’s Generalized System of Preferences (GSP) program benefits and to keep an open dialogue with the Indian Government.

“As Co-Chairs of the United States Senate’s India Caucus, we fully appreciate and support your efforts to address a host of market access issues facing American businesses in India. Congressional support for the GSP program was made clear last year when the U.S. Senate and U.S. House of Representatives reauthorized the program, in nearly unanimous fashion, for three years. While we agree that there are a number of market access issues that can and should be addressed, we do remain concerned that the withdrawal of duty concessions will make Indian exports of eligible products to the United States costlier, as the importer of those products will have to pay a ‘Most Favored Nation’ (MFN), duty which is higher than the rate under GSP. Some of these costs will likely be passed on to American consumers,” the Senators wrote. 

“We believe that allowing for continued negotiations beyond the elections would underscore the importance of this bilateral relationship and provide a real opportunity to resolve these market access issues, potentially improving the overall U.S.-India relationship for years to come.”

The signed letter is here, and full text is below.

April 12, 2019

The Honorable Robert E. Lighthizer

Ambassador

Office of the United States Trade Representative

600 17th Street, N.W.

Washington, D.C., 20508

Dear Ambassador Lighthizer:

We write to you today regarding the ongoing negotiations between the Office of the United States Trade Representative (USTR) and India’s Ministry of Commerce and Industry regarding the duty-free treatment of goods under the Generalized System of Preferences (GSP) program.

As you know, in April 2018, the USTR announced that it planned to review the GSP eligibility of a number of countries, including India. The USTR’s announcement specifically cited “concerns related to its compliance with GSP market access criterion,” based on petitions filed from the U.S. medical device and dairy industries. On March 4, 2019, Congress was notified of USTR’s intention to terminate India’s designation as a beneficiary developing country under GSP due to a lack of compliance. We understand that the Administration may issue a proclamation withdrawing India’s GSP benefits 60 days or later from the congressional notification date.

As Co-Chairs of the United States Senate’s India Caucus, we fully appreciate and support your efforts to address a host of market access issues facing American businesses in India. Congressional support for the GSP program was made clear last year when the U.S. Senate and U.S. House of Representatives reauthorized the program, in nearly unanimous fashion, for three years. While we agree that there are a number of market access issues that can and should be addressed, we do remain concerned that the withdrawal of duty concessions will make Indian exports of eligible products to the United States costlier, as the importer of those products will have to pay a “Most Favored Nation” (MFN), duty which is higher than the rate under GSP. Some of these costs will likely be passed on to American consumers.

As you know, India’s elections will conclude on May 23, 2019. We believe that the election season may serve as a hindrance for our Indian counterparts in negotiating and concluding a deal on difficult political issues. If another round of negotiations during the election season does not resolve the outstanding issues, we would ask you to consider delaying the issuance of a Presidential proclamation to withdraw India’s GSP benefits by at least 30 days, beyond the 60 day calendar, in order to move the negotiations beyond India’s elections. We believe that allowing for continued negotiations beyond the elections would underscore the importance of this bilateral relationship and provide a real opportunity to resolve these market access issues, potentially improving the overall U.S.-India relationship for years to come.

We appreciate you and team’s continued efforts to resolve a small but significant set of trade issues through the GSP review process. We stand ready and willing to assist in any way possible to ensure that the U.S.-India relationship remains strong.

Sincerely,

/s/

###

Ms. Ryann DuRant

Press Secretary

Sen. John Cornyn (R-TX)

WASHINGTON — U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the following statement regarding the arrest of Julian Assange, the founder of WikiLeaks, today in the United Kingdom:

“Julian Assange has long professed high ideals and moral superiority. Unfortunately, whatever his intentions when he started WikiLeaks, what he’s really become is a direct participant in Russian efforts to undermine the West and a dedicated accomplice in efforts to undermine American security. It is my hope that the British courts will quickly transfer him to U.S. custody so he can finally get the justice he deserves.

“I would like to thank President Moreno and the Ecuadoran government for taking the long-overdue step of withdrawing sanctuary for Mr. Assange so that he can finally face justice for his actions.”

###

WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined 42 of their Senate Democratic colleagues to introduce the Working Families Tax Relief Act (WFTRA), legislation that is estimated to increase the incomes of over 1 million Virginia families, benefitting almost 2.7 million Virginians. The bill aims to cut taxes for workers and families at a time when wages are stagnant and the cost of childcare has continued to rise by expanding the Earned Income Tax Credit (EITC) and Child Tax Credit (CTC), two of the most effective tools we have to put money in the pockets of working people and pull children out of poverty. Expanding these tax credits will give millions more Americans a foothold in the middle class.

“All over Virginia, there are people who are working full-time and still struggling to make ends meet because expenses are rising faster than their wages can keep up,” said Warner. “By expanding two critical tax credits, this legislation will provide dependable financial relief to millions of low- and moderate-income households as well as families with children so that folks can finally focus on getting ahead.”

“More and more Virginia workers are taking on longer hours just to keep up with the rising costs of supporting a family,” said Kaine. “After President Trump and Congressional Republicans passed a tax law to disproportionately benefit millionaires and billionaires, expanding these tax credits can finally offer hard working families the resources to ensure their financial security.” 

  The Working Families Tax Relief Act would:

• Boost the incomes of 46 million households and 114 million people, including 43 million children. 

• Lift 7 million people out of poverty, including 3 million children. 

• Expand the EITC for families with children by roughly 25 percent.

• Significantly expand the EITC for workers without children and make the credit available for people starting at age 19 up to age 67. Currently, workers without children can be pulled under the poverty line by taxes. Expanding the EITC would fix that.  

• Make the CTC fully refundable, so the more than 26 million children who were left out of the Trump tax law get the support they deserve.  

• Create a Young Child Tax Credit to provide extra support to children five and under, when research says they need it most. 

• Allow workers to draw a $500 advance payment on their EITC so that families aren’t forced to turn to predatory payday lenders when the car breaks down or other unexpected expenses come up. 

Read more about the bill HERE.

Along with Senators Warner and Kaine and sponsor Senator Sherrod Brown, cosponsors of the bill include: Michael Bennet, Dick Durbin, Ron Wyden, Patrick Leahy, Patty Murray, Jack Reed, Chuck Schumer, Tom Carper, Debbie Stabenow, Maria Cantwell, Bob Menendez, Benjamin Cardin Bernie Sanders, Bob Casey, Amy Klobuchar, Sheldon Whitehouse, Jon Tester, Tom Udall, Jeanne Shaheen, Jeff Merkley, Kirsten Gillibrand, Chris Coons, Richard Blumenthal, Brian Schatz, Tammy Baldwin, Chris Murphy, Mazie Hirono, Martin Heinrich, Angus King, Elizabeth Warren, Ed Markey, Cory Booker, Gary Peters, Chris Van Hollen, Tammy Duckworth, Maggie Hassan, Kamala Harris, Catherine Cortez Masto, Tina Smith, Doug Jones, and Jacky Rosen. 

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Washington – U.S. Sen. Mark R. Warner (D-VA) was joined by U.S. Sen. Richard Blumenthal (D-CT) in urging congressional appropriators to provide full funding for timely implementation of the Ashanti Alert Act – 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.

“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,” the Senators wrote in a letter to the Senate Appropriations Committee. “Full funding and timely implementation of the Ashanti Alert Act is necessary to ensure the safety of Americans.” 

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. Last month, Sen. Warner pressed Attorney General William Barr for an update on DOJ’s progress to-date in implementing the law.  

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 had previously been blocked from passing the Senate. The bill was then signed into law by President Trump on December 31, 2018.

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

The Honorable Jerry Moran

Chairman

Subcommittee on Commerce, Justice,

Science and Related Agencies

Senate Committee on Appropriations

142 Dirksen Senate Office Building

Washington, DC 20510

The Honorable Jeanne Shaheen

Ranking Member

Subcommittee on Commerce, Justice,

Science and Related Agencies

Senate Committee on Appropriations

142 Dirksen Senate Office Building

Washington, DC 20510

Dear Chairman Moran and Ranking Member Shaheen:

As you prepare the Fiscal Year (FY) 2020 appropriations, we write to respectfully request that you work to ensure the implementation of the Ashanti Alert Act is fully funded in FY 2020.

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. 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. 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.

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.

Thus, it is imperative that the Ashanti Alert Act receives sufficient funding in order to advance its goals of transforming the lives and safety of Americans. Fully funding this program ensures that the Department of Justice, law enforcement agencies, and relevant entities and stakeholders have the necessary resources to make the Ashanti Alert network as helpful and effective as possible.

We hope that the Subcommittee will demonstrate strong support for the Ashanti Alert Act for FY 2020.

Thank you for your consideration of our request.

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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 – 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.” 

A 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 Colorado, Georgia, Maryland 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) 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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