Press Releases

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 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:

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

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

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

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?

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

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

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”)?

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?

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?

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?

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

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?
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?

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?

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?

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- 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 – 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:

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?

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 110^th Congress, but his nomination expired before Congress could confirm him.

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WASHINGTON — U.S. Sen. Mark R. Warner (D-VA) met with Blue Ridge Parkway Superintendent J.D. Lee at Warner’s office in Washington, D.C.

In the meeting, Sen. Warner emphasized the need to pass the Restore Our Parks Act – bipartisan legislation to address the maintenance backlog at national parks across the country. New numbers from the National Park Service (NPS) show that the national backlog of deferred maintenance needs grew by more than $313 million last year – with a $100 million increase in Virginia alone. Deferred maintenance on the Blue Ridge Parkway increased by more than $46 million in 2018, bringing the total for the parkway to $508,077,342, including $212,702,891 in Virginia alone. The total overall cost of backlogged maintenance projects at NPS sites nationwide now reaches $11.9 billion.

“The Blue Ridge Parkway has some of the most significant and pressing maintenance needs of any park property in Virginia,” said Sen. Warner. “Kicking the can down the road on needed repairs will lead to further deterioration of the Parkway and harm the many small towns and communities whose economies depend on it. Congress needs to finally make the proper investments in our national parks by passing the Restore Our Parks Act.”

According to the National Park Service, the Blue Ridge Parkway ranks #1 in visitor spending among Park Service properties. Parkway visitor spending supports 15,300 jobs and more than $1.3 Billion in economic output. Last year, 14.6 million Americans visited the Blue Ridge Parkway and the surrounding communities.

The Restore Our Parks Act has widespread support among legislators and conservation groups. It would reduce the maintenance backlog by establishing the “National Park Service Legacy Restoration Fund” and allocating existing revenues from onshore and offshore energy development. This funding would come from 50 percent of all revenues that are not otherwise allocated and deposited into the General Treasury, not exceeding $1.3 billion each year for the next five years.

The latest data on Virginia’s national park deferred maintenance backlog as of 2018 is available here.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) along with Sens. Susan Collins (R-ME), Chris Van Hollen (D-MD) and Mazie Hirono (D-HI) reintroduced bipartisan legislation today to provide financial relief to certain civilian federal employees who have to relocate for work. The Relocation Expense Parity Act will ensure that all federal employees who qualify to have their moving costs reimbursed by the government are also repaid for the taxes owed on relocation reimbursements.

“Straddling our loyal public employees with part of the cost of their employment-related relocation is not just wrong, it’s also a disservice to our workforce,” said Sen. Warner. “This legislation will make sure that the government does not push these costs onto workers or inadvertently deter talented individuals from accepting positions that may force them to relocate.”

“The cost of moving is high. When public servants relocate in order to serve our nation, we should offer our support to alleviate that financial burden. This bill is an effort to ensure we’re giving talented workers the resources they need to work in our government,” Sen. Kaine said.

“When federal employees are required to relocate to continue their public service in a different part of the country or the world, they should not have to worry about paying additional federal taxes on their reimbursement for moving costs,” said Sen. Collins. “Although the vast majority of federal workers are fully reimbursed for this additional cost, this bipartisan legislation would ensure that the remaining five percent of affected workers are fairly compensated for their moving expenses.”

“Federal civilian workers – from FBI agents to teachers on our military bases – work tirelessly to provide crucial services to Americans around the world. However, these men and women can face significant cost burdens when moving to their duty stations or returning home,” said Sen. Van Hollen. “This bill makes an important fix to address that issue. I am proud to join my colleagues in introducing this bipartisan legislation, and I will continue working to support our federal workforce.”

“Moving to Hawaii is expensive, but our country is better off when our Federal workers are able to relocate to serve our veterans, keep our country safe, protect the environment, and provide other forms of public service. This legislation helps to ensure that the cost of moving does not impede the important work civilian federal employees do in Hawaii and across the country every day,” said Sen. Hirono.

“The FBIAA supports the Relocation Expense Parity Act because it would authorize agencies to offset new tax burdens on employees who receive moving reimbursements. It is important to close the gap in current law and help protect FBI Special Agents facing new financial burdens. As part of our work to protect the Nation, Special Agents sign mobility agreements that subject them to transfer to meet the needs of the FBI. These moves are often expensive for Special Agents and their families. The Tax Cuts and Jobs Act eliminates the moving expense deduction, which historically offset this financial burden. Now, Special Agents who relocate to serve the FBI can face thousands of dollars of additional tax liability because moving reimbursement is considered ordinary income. Agencies like the Federal Bureau of Investigation are attempting to offset these new financial burdens, but their options are limited under the law. We urge Congress to act quickly because Special Agents make sacrifices for the nation every day and should not confront financial penalties as result of being willing to serve anywhere they are needed,” said Thomas O’Connor, President of the FBI Agents Association.

“The Federal Law Enforcement Officers Association strongly supports the Relocation Expense Parity Act. Federal agents and law enforcement officers are subject to mobility agreements and frequently relocate to new duty stations throughout their career to protect and serve the American public. Such moves are stressful and costly enough for federal agents and their families - they do not need the additional burden of significant tax bills because they were required to relocate for their job. Agencies are also facing challenges hiring and deploying law enforcement officers, especially to border areas, and those barriers would be lowered with passage of this legislation. I commend Senators Warner, Kaine, Collins, Van Hollen, and Hirono for their leadership on this issue and for their support of federal law enforcement,” said Nathan Catura, National President of the Federal Law Enforcement Officers Association.

“Changes to how a federal employee is reimbursed for expenses related to their relocation have caused federal employees – many of them in law enforcement – to pay unexpected and unfair taxes. Fortunately, the Relocation Expense Parity Act, introduced by Senators Mark Warner, Tim Kaine, Susan Collins, Mazie Hirono, and Chris Van Hollen, helps to address this issue. NTEU commends the senators for their commitment to making sure our nation’s civil servants are treated fairly, especially those whose job requires them to uproot their families and relocate,” said Tony Reardon, National President of the National Treasury Employees Union.

“Federal employees who relocate to new duty stations or return home following completion of their service should not be thanked for their service with a huge tax invoice from the government. Especially as the government is competing for talent in a tight labor market – including in critical fields like law enforcement, cybersecurity, STEM - removing barriers to agencies hiring the talent they need and placing the employee where most needed is more essential than ever. SEA strongly supports the Relocation Expense Parity Act and commends Senator Warner and his colleagues for their continued focus on this issue,” said Bill Valdez, President of the Senior Executives Association.

“I worked for DoDEA schools for decades, ensuring military dependents received a great education, and it was always with the understanding that the government would pay to move my family and our possessions back home when my DoDEA career ended. Suddenly, just months before I was set to retire, I learned the new tax law would make such moving assistance taxable, causing my tax liability for this year to increase by thousands of dollars. Being saddled with this tax debt is a huge unforeseen cost to retirees like myself. It deals a severe blow to my financial situation for retirement and I believe it will cause other current employees to delay their retirements because they cannot afford the tax bill they would incur by moving back home. We’ve been told throughout our careers that the government would pay to ship our stuff home when we left DoDEA. To suddenly make those moving services taxable to us is unfair and hurtful!” said Alex Veto, recently retired teacher from Vilseck High School in Germany, a Department of Defense Education Activity (DoDEA) school.

“Taxing moving allowances and benefits for new hires into the Department of Defense Education Activity will create a huge financial burden for these individuals and make the task of recruiting and hiring qualified employees for overseas locations much harder. Why would anyone agree to uproot themselves – and, in many cases, their families – in order to move halfway around the world if doing so will cause them to incur thousands of dollars in tax liability? And that’s on top of the enormous expenses and stresses anyone agreeing to relocate overseas for government work already faces. The fact is, DoDEA will find it increasingly difficult to find top-tier educators to come work in its schools and the military dependents who have come to rely on such excellent educators staffing DoDEA schools will the ones who suffer as a result,” said H.T. Nguyen, Executive Director of the Federal Education Association.

Currently, some federal workers who have to relocate for work are eligible to have their moving expenses paid by the government, which allows them to relocate without worrying about whether they will be able to afford it. However, the 2017 tax bill eliminated the deduction for job-related moving costs, as well as the exclusion for reimbursements or in-kind contributions made by employers to defray the cost of moving. As a result, almost all moving cost reimbursements became recognized as taxable income. This situation is causing a particular burden for civilian federal employees who, after being assigned to a new duty station, have discovered that hundreds or even thousands of dollars have been withheld from their paychecks, often with little advance notice, in order to cover the cost of taxes associated with moving reimbursements from the federal government.

Following a letter sent by Sens. Warner and Kaine, the General Services Administration (GSA) clarified its rules, allowing about 95 percent of federal workers to be repaid for these taxes. Unfortunately, the remaining five percent of eligible workers remain responsible for covering thousands of dollars in taxes out of pocket.

The Relocation Expense Parity Act would close the gap for these five percent of workers, benefiting agencies who are likely to have recruitment problems if they do not refund employees for their relocation reimbursement taxes. The Department of Defense, for example, hires thousands of teachers for schools on military bases across the globe, and moving cost reimbursements can artificially inflate teachers’ salaries, burdening them with steep taxes. Departments like the Federal Bureau of Investigation (FBI) would also benefit from this legislation, as they have a high number of transfers upon hire.

Rep. Elaine Luria (D-VA) plans to introduce companion legislation in the House of Representatives in the coming weeks.

More information about this bill can be found here. For the text of the bill, click here. The legislation was previously introduced in the 115^th Congress.

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WASHINGTON – Today U.S. Sens. Mark R. Warner (D-VA) and John Kennedy (R-LA), members of the Senate Banking Committee, introduced the Securities Fraud Enforcement and Investor Compensation Act, bipartisan legislation that would give the Securities and Exchange Commission (SEC) power to seek restitution for Main Street investors harmed by securities fraud.

The bill would give the SEC a broader range of tools to seek compensation for investors who’ve lost money to Ponzi schemes and other investment scams. It also extends the window of time for which the SEC can pursue a claim on an investor’s behalf from five years to ten.

“As Bernie Madoff demonstrated, financial fraudsters can sometimes go on for years, even decades, before they finally get caught. They shouldn’t be able to rip off investors just because some arbitrary five-year window has expired,” said Sen. Warner. “This bill will give the Securities and Exchange Commission more time and additional tools to seek restitution for everyday Americans who fall victim to investment scams.”

“Investors who are scammed by con artists like Bernie Madoff and Allen Stanford lose their life savings. All too often, the victims of financial fraud aren’t wealthy people,” Sen. Kennedy said. “They’re middle class Americans who lose every penny they set aside for their retirements. Because of a narrow window of time for recouping stolen investment dollars, fraudsters are actually incentivized to keep the shell game going for decades. This bill addresses that problem.”

Background:

On June 5, 2017, the Supreme Court in Kokesh v. Securities Exchange Commission ruled that the SEC only has five years to bring disgorgement claims against bad actors to try to compensate harmed Main Street investors. Although the SEC strives to bring cases as soon as possible, sometimes well-concealed frauds are not discovered for many years. (As an example, Bernie Madoff was able to defraud investors for decades before his investment fund was revealed as Ponzi scheme in 2009.) Under the Kokeshprecedent, clever fraudsters can manage to retain any ill-gotten gains from outside the five-year window.

The implications of the Kokesh ruling limiting the SEC’s enforcement window to five years have been significant. The SEC’s 2018 enforcement report noted that “the court’s ruling in Kokesh may cause the Commission to forgo up to approximately $900 million in disgorgement, of which a substantial amount likely could have been returned to retail investors.” The Securities Fraud Enforcement and Investor Compensation Act addresses this problem by expanding the range of tools available to the SEC to pursue compensation for scammed investors, subject to a 10-year statute of limitations.

Today, the SEC typically compensates harmed investors by bringing disgorgement claims, which allow the SEC to recoup any ill-gotten profits from the perpetrator and turn them over to the investor. Sometimes, the profits are small, and the compensation can represent just a small fraction of the overall loss to the investor as a result of the fraud. Under the terms of the bill, the SEC would retain the power to bring disgorgement claims for up to five years, but would also gain the authority to file claims of restitution, which would increase the amount of compensation available to make whole harmed investors. Rather than limiting the compensation to just the profit margin of the perpetrator, as with a disgorgement claim, restitution would allow the SEC to recover from fraudsters and refund investors the full amount of their losses, up to ten years after the fact.

Bill text is available here.

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WASHINGTON – Today the Vice Chairman of the Senate Select Committee on Intelligence, U.S. Sen. Mark R. Warner (D-VA), joined with U.S. Sen. Susan Collins (R-ME), a member of the Committee, to introduce bipartisan legislation to protect the integrity of the security clearance process and ensure that it cannot be abused for political purposes.

“Americans should be able to have confidence that the security clearance process is being used only to protect our nation’s greatest secrets,” said Sen. Warner. “Our bipartisan bill will make clear that security clearances are not to be used as a tool to punish political opponents or reward family members, but to ensure personnel are thoroughly vetted to the highest standards.”

“The security clearance system is critical to protecting our country from harm and safeguarding access to our secrets. Americans should have the utmost confidence in the integrity of the security clearance process,” said Sen. Collins. “This bipartisan bill would make the current system more fair and transparent by ensuring that decisions to grant, deny, or revoke clearances are based solely on established adjudicative guidelines.”

The Integrity in Security Clearance Determinations Act will ensure that the security clearance process is fair, objective, transparent, and accountable by requiring decisions to grant, deny, or revoke clearances to be based on published criteria. It explicitly prohibits the executive branch from revoking security clearances based on the exercise of constitutional rights, such as the right to freely express political views, or for purposes of political retaliation. It also bans agencies from using security clearances to punish whistleblowers or discriminate on the basis of sex, gender, religion, age, handicap, or national origin.

The bipartisan bill also codifies in statute the right of government employees to appeal decisions to deny or revoke a security clearance, and requires the government to publicly publish the results of such appeals – providing transparency, accountability and basic due process rights in an otherwise opaque and irregular process.

The legislation aims to enhance the rigor and accountability of our security clearance process and to prevent abuses. It complements other reforms the executive branch is undertaking to modernize how the government processes clearances, and was developed with input from a wide range of experts across the government and in private law practice.

A copy of the bill text is available here.

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Jerry Moran (R-KS), Shelley Moore Capito (R-WV), and Bob Casey (D-PA) today reintroduced bipartisan legislation to increase access to grocery stores in areas designated as “food deserts” by the United States Department of Agriculture (USDA). The Healthy Food Access for All Americans (HFAAA) Act would benefit low-income rural and urban communities that have limited or no access to nutritious food by providing incentives to food service providers such as grocers, retailers, and nonprofits who expand access to nutritious foods in underserved communities.

“Families in Virginia must be able to count on reliable access to healthy and affordable foods no matter where they live,” said Sen. Warner. “This legislation will increase the availability of dependable nutritious food for more than one million Virginians, and support grocery markets and non-profits in their efforts to serve the communities that need them the most.”

“Living in the breadbasket of our nation, it is easy to forget that chronic hunger is still prevalent in many of our own communities,” said Sen. Moran. “It is estimated that food insecurity threatens nearly 1 in 6 Kansans, and yet many grocery stores in both rural and urban communities are struggling to stay open. Our bipartisan Healthy Food Access for All Americans Act would incentivize food providers to establish and renovate grocery stores, food banks and farmers markets in communities that traditionally lack affordable and convenient food options. All Kansans and Americans, regardless of where they live, deserve access to healthy food.”

“Individuals and families living in rural communities – like many of those in West Virginia – often have a very difficult time accessing fresh and nutritious foods,” Sen. Capito said. “This legislation will help improve access to groceries and healthy foods across West Virginia and make it easier for businesses and non-profit organizations to serve our rural communities.”

“All Americans, no matter where they live, should have access to affordable and nutritious food,” said Sen. Casey. “I’m proud to join this bipartisan effort to help combat food deserts by incentivizing food service providers to reach new communities. We must swiftly pass this measure so that we can address the seriousness of hunger and food insecurity across the country.”

“Locally owned, independent grocers are the bedrock of their communities, spurring economic growth and providing access to healthy and affordable food choices. On behalf of our members, the National Grocers Association applauds Senator Warner for his efforts to work towards a solution that tackles the barriers to entry faced by grocers in rural and urban communities that are without a supermarket. We look forward to working with Congress on a bipartisan basis to move this important piece of legislation forward,” said Greg Ferrara, Executive Vice President of the National Grocers Association.

“Feeding America commends Senator Warner for confronting the unfortunate fact that the burdens faced by the 40 million Americans living with hunger are even worse for those who live in food deserts. Our network of 200 member food banks understands that areas without affordable, healthy food options have higher rates of food insecurity exacerbated by the lack access to adequate transportation to the nearest food pantry or grocery market. Feeding America supports the Healthy Food Access for All Americans Act and believes it is a critical step to give nonprofits and retailers support to increase food access in underserved areas,” said Kate Leone, Chief Government Relations Officer at Feeding America.

“Everyone deserves access to fresh produce and a place to shop for groceries in their community. This legislation will create jobs, improve health, and prevent hunger by supporting the development of food banks, grocery stores and farmers markets in low-income, underserved areas,” said Yael Lehmann, President and CEO of The Food Trust.

“Grocery stores and healthy, affordable food options are out of reach for many of the neighbors we help in the Richmond community. Imagine having to take a 45-minute bus, one way, just to get groceries for your family. There is no one solution for food deserts; to tackle this issue will require collaboration across the non-profit, for-profit and government sectors. The Healthy Food Access for All Americans Act is a significant step in the right direction. By empowering hunger-relief organizations like Feed More to improve access to nutritious food in low-income communities, we will be able to provide these neighbors with a hand up in their times of need,” said Doug Pick, President and CEO of Feed More.

“Bread for the World is encouraged to see a bipartisan effort to address food deserts and improve access to nutritious food in low-income and underserved communities in America. Hunger costs the U.S. economy at least $160 billion in poor health outcomes and additional health care costs every year. This bill is an important step to reduce hunger and improve health across the country,” said Heather Valentine, Director of Government Relations of Bread for the World.

“Grocery stores and supermarkets play a vital role in the health and welfare of the communities we serve. Developing a successful enterprise that can thrive financially and socially in the long-term is a multi-tiered process that requires community support, economic investment and creative partnerships. The Healthy Food Access for All Americans Act is an important and common sense approach to addressing the problem of underserved communities and expanding access to healthy food choices. It establishes incentives to bring together the elements necessary to create successful operations and expand healthy food options, while recognizing the opportunities presented by technology and the changing nature of the marketplace. The HFAAA is an important step in addressing the issue of underserved populations and food deserts; Food Marketing institute is pleased to support this effort,”said Andy Harig, Senior Director of Sustainability, Tax, and Trade, Food Marketing Institute.

“To end childhood hunger in America, we must ensure that low-income families have access to healthy, affordable food options. Ending food deserts will help more families put food on the table and help children get the nutrition they need to grow up healthy, educated and strong. Share Our Strength supports The Healthy Food Access for All Americans Act and thanks Sens. Warner, Moran, Casey, Capito and Rep. Ryan for their leadership on this issue,” said Billy Shore, Founder and Executive Chair of Share our Strength.

Currently, an estimated 37 million Americans live in food deserts – areas with no grocery stores within one or more miles in urban regions, and ten or more miles in rural regions. Individuals who live in communities with low-access to healthy food options are at higher risk for obesity, diabetes, and heart disease.

The HFAAA Act – which defines a grocery market as a retail sales store with at least 35 percent of its selection (or forecasted selection) dedicated to selling fresh produce, poultry, dairy, and deli items – would spark investment in food deserts across the country that have a poverty rate of 20 percent or higher, or a median family income of less than 80 percent of the median for the state or metro area. It would grant tax credits or grants to food providers who service low-access communities and attain a “Special Access Food Provider” (SAFP) certification through the Treasury Department. Incentives would be awarded based on the following structure:

New Store Construction – Companies that construct new grocery stores in a food desert will receive a onetime 15 percent tax credit after receiving certification.

Retrofitting Existing Structures – Companies that make retrofits to an existing store’s healthy food sections can receive a onetime 10 percent tax credit after the repairs certify the store as an SAFP.

Food Banks – Certified food banks that build new (permanent) structures in food deserts will be eligible to receive a onetime grant for 15 percent of their construction costs.

Temporary Access Merchants – Certified temporary access merchants (i.e. mobile markets, farmers markets, and some food banks) that are 501(c)(3)s will receive grants for 10 percent of their annual operating costs.

Sen. Warner has long advocated for the healthy eating and physical wellness of families. Earlier this year, he called for USDA to ensure sustained funding for the Supplemental Nutrition Assistance Program (SNAP) amidst the government shutdown.

The full text of the bill is available here and a summary can also be found here. The legislation was previously introduced in the 115^th Congress. A similar bill is being introduced in the House by Reps. Tim Ryan (D-OH), A. Donald McEachin (D-VA), and Roger Marshall (R-KS).

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), in light of newly-released deferred maintenance numbers, emphasized the need to pass the Restore Our Parks Act – bipartisan legislation to address the maintenance backlog at national parks across the country. New numbers from the National Park Service (NPS) show that the national backlog of deferred maintenance needs grew by more than $313 million last year – with a $100 million increase in Virginia alone. The total overall cost of backlogged maintenance projects at NPS sites nationwide now reaches $11.9 billion.

“Unfortunately, these numbers show what we already know – the longer we wait, the worse this backlog becomes,” said Sen. Warner. “Our national parks are hurting, and with the parks maintenance backlog in Virginia alone totaling $1.1 billion, we cannot afford to delay these repairs any longer. We need to pass the Restore Our Parks Act and fund the critical renovations our parks require.”

According to NPS, despite completing more than $671 million in needed repair work during FY18, the deferred maintenance backlog at the Park Service has ballooned to over $11.9 billion – an increase of over $300 million from FY17. Additionally, Virginia’s total maintenance backlog increased from $1 billion dollars in FY17 to $1.1 billion in FY18. This includes an increase of almost $10 million in deferred maintenance at Shenandoah National Park, more than $12 million at Colonial National Historical Park, more than $60 million for the George Washington Memorial Parkway, and more than $26 million for the Blue Ridge Parkway.

The Restore Our Parks Act has widespread support among legislators and conservation groups and would reduce the maintenance backlog by establishing the “National Park Service Legacy Restoration Fund” and allocating existing revenues from onshore and offshore energy development. This funding would come from 50 percent of all revenues that are not otherwise allocated and deposited into the General Treasury, not exceeding $1.3 billion each year for the next five years.

Sen. Warner, who will be meeting with Blue Ridge Parkway Superintendent J.D. Lee on Thursday to discuss the backlog and other issues, reintroduced the Restore Our Parks Act in February along with Sens. Rob Portman (R-OH), Lamar Alexander (R-TN) and Angus King (I-ME). A similar bill was introduced in the House by Reps. Rob Bishop (R-UT) and Derek Kilmer (D-WA), and has the backing of more than 120 cosponsors.

VA National Park Deferred Maintenance as of 2018 is available here. The chart below reflects VA data for FY17 and FY18.

National Park:	FY17 Deferred Maintenance	FY18 Deferred Maintenance	Change
Appomattox Court House National Historical Park	$1,998,224	$3,263,249	$1,265,025
Assateague Island NS	$2,774,577	$2,545,865	– $228,712
Blue Ridge Parkway	$186,619,608	$212,702,891	$26,083,283
Booker T Washington National Monument	$1,370,913	$1,418,420	$47,507
Cedar Creek and Belle Grove NHP	$327,072	$823,242	$496,170
Colonial National Historical Park	$421,872,932	$433,899,266	$12,026,334
Cumberland Gap National Historical Park	$1,848,864	$1,805,537	– $43,327
Fort Monroe National Monument	$2,280,548	$2,495,127	$214,579
Fredericksburg and Spotsylvania Battlefields Mem NMP	$10,371,731	$12,688,403	$2,316,672
George Washington Birthplace National Monument	$1,306,614	$1,648,576	$341,962
George Washington Memorial Parkway	$233,441,316	$293,494,667	$60,053,351
Harpers Ferry National Historical Park	$64,760	$498,101	$433,341
Maggie L Walker National Historic Site	$531,648	$702,422	$170,774
Manassas National Battlefield Park	$6,516,560	$8,186,965	$1,670,405
Petersburg National Battlefield	$11,754,041	$8,924,807	– $2,829,234
Prince William Forest Park	$18,619,932	$24,148,020	$5,528,088
Richmond National Battlefield Park	$6,581,205	$5,261,371	– $1,319,834
Shenandoah National Park	$79,208,621	$88,765,195	$9,556,574
Wolf Trap National Park for the Performing Arts	$31,149,289	$34,175,868	$3,026,579
Total	$1,018,629,457	$1,137,447,992	$118,818,535

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WASHINGTON – At a Senate Banking Committee hearing today, U.S. Sen. Mark R. Warner (D-VA) pressed the Director of the Consumer Financial Protection Bureau (CFPB), Kathy Kraninger, on the Trump Administration’s decision to rescind a rule that would have protected Virginians from predatory lending practices.

The CFPB’s payday lending rule would have required payday lenders to determine upfront whether or not a borrower can afford to pay back a loan without having to take out another loan – an important step in reining in predatory business practices by payday lenders nationwide that are designed to exploit the financial hardships facing millions of hardworking families. The payday lending rule was first proposed under the Obama Administration and finalized in 2017 after more than five years of study and reviewing 1 million public comments. However, last month, Kraninger – President Trump’s choice to lead the CFPB – proposed changes that would effectively gut the rule, leaving consumers exposed to predatory, high interest rate loans. Warner pressed Kraninger to explain that decision.

“I think you made a dreadful error in rescinding the payday lending rule. What I am trying to also understand is that the agency spent five years doing research into this rule. And I can remember when the CFPB issued this rule back in 2017, and opponents of the rule at that moment in time, said ‘Oh my God!’ I think it was, 1690 pages, ‘This is way too much information! Way too much data!’ Now, when you rescind [the rule], you are basically throwing all that data and all that information out, for this new approach. What has factually changed that undermined the five years of data and research that went into the original payday lending rule that has allowed you to make this determination?” Warner pressed Kraninger.

Payday lenders typically offer small loans to borrowers who are required to pay them back in a short amount of time. The loans can come with annual interest rates of 300 percent or more, according to the CFPB’s own data. More than 80 percent of those loans are rolled over into another loan within two weeks, meaning the borrower is adding to their debt before they’ve paid off the initial loan.

Warner told Kraninger at today’s hearing, “I respectfully remember how long this rule took to put in place. We remember how much research was done. I don’t believe you’ve got a factual basis. I think this was a politically-driven decision. And I’m deeply concerned by your decision” to rescind the payday lending rule.

Congress created the CFPB to protect Americans from unfair, deceptive and abusive lending practices. Predatory lenders often target hardworking borrowers who find themselves in need of quick cash – often for things like necessary car repairs or medical emergencies – by charging them excessive interest rates and hidden fees that trap them in long-term cycles of debt. Nearly 12 million Americans use payday loans each year, incurring more than $9 billion annually in fees.

This is not the first time Warner has raised concerns about the Trump Administration rolling back the payday lending rule. Last April, in a hearing before the Senate Banking Committee, Warner pressed then-Acting Director of the CFPB, Mick Mulvaney, not to undo the rule. Sen. Warner also previously wrote to Mulvaney, urging the Administration not to repeal the payday lending rule.

The full transcript of Sen. Warner’s exchange with Director Kraninger today follows:

Warner: I think you made a dreadful error in rescinding the payday lending rule. And what I’m trying to also understand is that the agency spent five years doing research into this rule. And I can remember when the CFPB issued this rule back in 2017. And opponents of the rule at that moment in time said, ‘Oh my God!’ I think it was, 1690 pages, ‘This is way too much information! Way too much data!’ Now, when you rescind [the rule], you are basically throwing all that data and all that information out, for this new approach. What has factually changed that undermined the five years of data and research that went into the original payday lending rule that has allowed you to make this determination?

Kraninger: Senator if I could, the full record from the prior rulemaking is absolutely part of the process going forward. So that’s an important thing that I would just note –

Warner: But that full rule making included conclusions that were indicated, based upon the Senator from Maryland’s criteria, that this was a rule that was well-needed to protect a whole host of consumers. The fact that we’re now, all this work is kind of, in a sense, thrown out. What has factually changed in the underlying analysis that has allowed you to, I believe, rather arbitrarily throw out this rule?

Kraninger: The bureau is an active litigation over the very issue that the reconsideration is intended to address. And that is the legal and factual basis, whether is it robust and rigorous enough to warrant the determination of abusive and unfairness in this market without those mandatory underwriting requirements. And so that is the very issue that is being looked at in the reconsideration.

Warner: I respectfully remember how long this rule took to put in place. We remember how much research was done. I don’t believe you’ve got a factual basis. I think this was a politically-driven decision. And I’m deeply concerned by your decision.

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WASHINGTON – Bipartisan legislation to improve the cybersecurity of Internet-connected devices will be introduced today in the Senate and the House of Representatives. The Internet of Things (IoT) Cybersecurity Improvement Act of 2019 would require that devices purchased by the U.S. government meet certain minimum security requirements.

The legislation is being introduced in the Senate by U.S. Sens. Mark R. Warner (D-VA) and Cory Gardner(R-CO), co-chairs of the Senate Cybersecurity Caucus, along with Sens. Maggie Hassan (D-NH) and Steve Daines (R-MT), while Reps. Robin Kelly (D-IL) and Will Hurd (R-TX) are introducing companion legislation in the House of Representatives.

“While I’m excited about their life-changing potential, I’m also concerned that many IoT devices are being sold without appropriate safeguards and protections in place, with the device market prioritizing convenience and price over security,” said Sen. Warner, a former technology entrepreneur and executive and Vice Chairman of the Senate Select Committee on Intelligence. “This legislation will use the purchasing power of the federal government to establish some minimum security standards for IoT devices.”

“The Internet of Things (IoT) landscape continues to expand, with most experts expecting tens of billions of devices to be operating on our networks within the next several years,” Sen. Gardner said. “As these devices continue to transform our society and add countless new entry points into our networks, we need to make sure they are secure, particularly when they are integrated into the federal government’s networks. Agencies like the National Institute of Standards and Technology (NIST), which has a major campus in Boulder, are key players in helping establish guidelines for improved IoT security and our bill builds on those efforts. As co-chairs of the Senate Cybersecurity Caucus, Senator Warner and I remain committed to advancing our nation’s cybersecurity defenses.”

“As the government continues to purchase and use more and more internet-connected devices, we must ensure that these devices are secure. Everything from our national security to the personal information of American citizens could be vulnerable because of security holes in these devices,” said Rep. Kelly. “It’s estimated that by 2020 there will be 30 million internet-connected devices in use. As these devices positively revolutionize communication, we cannot allow them to become a backdoor to hackers or tools for cyberattacks.”

“Internet of Things devices will improve and enhance nearly every aspect of our society, economy and our day-to-day lives. This is groundbreaking work and IoT devices must be built with security in mind, not as an afterthought,” said Rep. Hurd, former computer science major, cybersecurity entrepreneur and Chair of the House Subcommittee on Information Technology. “This bipartisan legislation will make Internet of Things devices more secure and help prevent future attacks on critical technology infrastructure.”

“With everything from LED lights to thermostats connected to the internet, we need to act swiftly to step up security for ‘internet of things’ devices to prevent hackers from disrupting our economy and threatening public safety,” Sen. Hassan said. “By requiring the federal government to only purchase devices that meet certain cybersecurity standards, this bill will help protect federal agencies against hackers who are seeking to exploit internet of things devices in order to steal critical national security information and the private data of Granite Staters and Americans.”

“As the Internet of Things landscape grows – we must ensure that Montanan’s information is safe and the security of our critical infrastructure is protected,” said Sen. Daines. “This bill helps establish proper safeguards that balance the need to protect Montanan’s privacy and our national security with the growing tech economy and high-paying jobs it provides.”

The Internet of Things, the term used to describe the growing network of Internet-connected devices and sensors, is expected to include over 20 billion devices by 2020. While these devices and the data they collect and transmit present enormous benefits to consumers and industry, the relative insecurity of many devices presents enormous challenges. Sometimes shipped with factory-set, hardcoded passwords and oftentimes unable to be updated or patched, IoT devices can represent a weak point in a network’s security, leaving the rest of the network vulnerable to attack. IoT devices have been used by bad actors to launch devastating Distributed Denial of Service (DDoS) attacks against websites, web-hosting servers, and internet infrastructure providers.

At a hearing of the Senate Armed Services Committee last year, the Director of the Defense Intelligence Agency, Lt. General Robert Ashley, described exploitation of insecure IoT devices as one of the two “most important emerging cyber threats to our national security.” Last May, the Departments of Commerce and Homeland Security published a report highlighting the IoT market forces that reward low-price and convenience at the expense of security. The signature recommendation of the May 2018 report was that the Federal government should “lead by example” by requiring the acquisition of more secure and resilient products and services, particularly IoT. The IoT Cybersecurity Improvement Act will address both this market failure and the supply chain risk to the federal government stemming from insecure IoT devices by establishing light-touch, minimum security requirements for procurements of connected devices by the government.

Specifically, the Internet of Things (IoT) Cybersecurity Improvement Act of 2019 would:

Require the National Institute of Standards and Technology (NIST) to issue recommendations addressing, at a minimum, secure development, identity management, patching, and configuration management for IoT devices.

Direct the Office of Management and Budget (OMB) to issue guidelines for each agency that are consistent with the NIST recommendations, and charge OMB with reviewing these policies at least every five years.

Require any Internet-connected devices purchased by the federal government to comply with those recommendations.

Direct NIST to work with cybersecurity researchers and industry experts to publish guidance on coordinated vulnerability disclosure to ensure that vulnerabilities related to agency devices are addressed.

Require contractors and vendors providing IoT devices to the U.S. government to adopt coordinated vulnerability disclosure policies, so that if a vulnerability is uncovered, that information is disseminated.

“BSA applauds Senators Warner and Gardner for their leadership in securing the IoT, and calls on Congress to act swiftly to advance this important legislation,” said Tommy Ross, Senior Policy Director, BSA | The Software Alliance. “As IoT devices increasingly bring greater productivity and quality of life to consumers and businesses across sectors, we must be proactive in addressing the unique security considerations they bring.”

“Internet-aware devices raise deep and novel security issues, with problems that could arise months or years after purchase, and spill over to people who aren't the purchasers. This bill leverages the government procurement market, rather than direct regulation, to encourage Internet-aware device makers to employ basic security measures in their products,” said Jonathan Zittrain, Co-Founder of Harvard University’s Berkman Klein Center for Internet & Society.

“Insecure and unsecured IoT devices are a risk we must address, and it will only happen if the government and the private sector both step up. I'm glad that Senators Warner and Gardner and Representatives Kelly and Hurd are continuing to push this issue,” said Jeff Greene, Vice President of Global Government Affairs & Policy at Symantec.

“Weak IoT security with little oversight puts the American public at risk, particularly as these devices become more and more common in our offices and in our homes. We need a coordinated approach. Empowering NIST to set standards for the development and management of these devices, as the IoT Cybersecurity Improvement Act of 2019 proposes, will help secure the sensitive data held by the government and the private information shared within our homes,” said Alan Davidson, Vice President of Global Policy, Trust, and Security at Mozilla.

“The proliferation of insecure Internet-connected devices presents an enormous security challenge. The risks are no longer solely about data; they affect flesh and steel. The market is not going to provide security on its own, because there is no incentive for buyers or sellers to act in anything but their self-interests. I applaud Senator Warner and his cosponsors for nudging the market in the right direction by establishing thorough, yet flexible, security requirements for connected devices purchased by the government,” said Bruce Schneier, Fellow and Lecturer at Harvard Kennedy School of Government.

“Cloudflare applauds Senators Warner and Gardner, Representatives Kelly and Hurd, and their cosponsors for their continued efforts to address the risks posed by improperly secured IoT devices with the introduction of this latest bill. Using the government procurement process to encourage security research and innovation will make the U.S. Government a leader in this area, and should open up a robust discussion of these issues. Cloudflare looks forward to continuing to work with them as this bill moves forward,” said Doug Kramer, General Counsel, Cloudflare Inc.

“IoT device insecurity is a serious problem that needs to be addressed. Although much must be done to address this problem, the longest journey begins with a single step—and this bill is just such a step in moving the ball forward on IoT security for government procurements,” said Dr. Herb Lin, senior research scholar for cyber policy and security at the Center for International Security and Cooperation and Hank J. Holland Fellow in Cyber Policy and Security at the Hoover Institution, both at Stanford University.

"Billions of devices connect our world and in the coming years we will see billions more. Each device adds to an expanding and elastic attack surface that creates a massive gap in the ability to truly understand cyber risk at any given time. The Internet of Things (IoT) Cybersecurity Improvement Act, introduced by Representatives Robyn Kelly (D-IL) and Will Hurd (R-TX), tasks NIST with developing security guidelines to address critical vulnerabilities in the development of IoT devices that the federal government purchases. This legislation will help the government better manage its cyber risks, and provide a strong example for other organizations. We also strongly support the call for NIST to develop a report that addresses Cyber Exposure considerations related to the increasing convergence of IT, IoT, and OT devices, networks and systems, as the modern enterprise must manage risk across all these environments," said James Hayes, Vice President of Global Government Affairs at Tenable.

“We applaud Senators Warner and Gardner and Representatives Kelly and Hurd for introducing the Internet of Things (IoT) Cybersecurity Improvement Act of 2019. The wireless industry is committed to ensuring the security of IoT devices and we look forward to working with the sponsors of the legislation on policies that will help protect consumers,” said Kelly Cole, Senior Vice President for Government Affairs at CTIA.

Similar legislation was previously introduced in the 115^th Congress.

Sen. Warner wrote to the Federal Trade Commission (FTC) in July 2016 raising concerns about the security of children’s data collected by Internet-connected “Smart Toys.” In May 2017, the Senator wrote a follow-up letter to Acting FTC Chairwoman Maureen Ohlhausen reiterating his concerns following comments by the Chairwoman that the risks of IoT devices are merely speculative. In response to the Senator’s concerns, the FTC issued updated guidance on protecting children’s personal data in connected toys. Immediately in wake of October’s devastating DDoS attack on the nation’s internet infrastructure by the Mirai botnet, Sen. Warner wrote the FCC, FTC, and NCCIC to raise concerns about the proliferation of botnets composed of insecure devices. Sen. Warner also wrote to Office of Management and Budget Director Mick Mulvaney and Secretary of Homeland Security John Kelly in May 2017 asking what steps the Federal Government had taken to defend against WannaCry ransomware.

Sen. Warner, the Vice Chairman of the Senate Select Committee on Intelligence and former technology executive, is the co-founder and co-chair of the bipartisan Senate Cybersecurity Caucus and a leader in Congress on security issues related to the Internet of Things (IoT).

Bill text is available here.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Budget Committee, today released the following statement regarding the Trump Administration’s budget proposal:

“There is much to be concerned by in the Trump Administration’s proposed budget, which is chock-full of short-sighted, draconian cuts to critical programs like medical research, education, environmental protection, transportation, and health care. It’s difficult to take seriously the Administration’s newfound commitment to deficit reduction after they pushed through a budget-busting tax cut that is already adding $1.9 trillion to the deficit, according to the nonpartisan Congressional Budget Office.

“It’s particularly galling that, just weeks after the longest government shutdown in history, the President’s proposed budget takes direct aim at the federal workers who bore its brunt by pushing for yet more cuts: retirement cuts. Benefit cuts. Another pay freeze. Federal workers are the backbone of a functioning government, and they deserve better than what we’ve seen from this Administration.”

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Washington – U.S. Sens. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, Dianne Feinstein (D-CA), Ranking Member of the Senate Committee on the Judiciary, Bob Menendez (D-NJ), Ranking Member of the Senate Committee on Foreign Relations, and Jack Reed (D-RI), Ranking Member of the Senate Committee on Armed Services, wrote today to the Director of National Intelligence (DNI) and the Inspector General of the Intelligence Community, requesting areview of the Trump administration’s compliance with security clearance policies and procedures. This request comes on the heels of alarming reports that detail how President Trump ignored objections from White House Counsel Donald McGahn and Chief of Staff John F. Kelly, and granted security clearances to his daughter, Ivanka Trump, and her husband Jared Kushner.

“We write to request that you review compliance by the Executive Office of the President (EOP) with policies and procedures governing security clearances and access to secure compartmented information (SCI),” the Senators wrote. “We also request that you review the adequacy of policies and procedures to ensure that mitigation measures are implemented when eligibility to access to classified information is granted despite potential security risks. We believe that you have the authority and expertise to conduct this review, including in your role as Security Executive Agent under Executive Order 13467.”

The improper handling of these clearances is just the latest in a series of allegations that highlight substantial irregularities and questionable decisions by the Trump Administration. Additional reports claim that former White House Staff Secretary Robert Porter was allowed to handle extremely sensitive information for over a year with an interim clearance, despite his record of domestic abuse, and that the White House overturned an unprecedented 30 clearance adjudication recommendations made by career security professionals.

Noting that the Trump Administration is currently working on transforming the security clearance system to reflect new threats, modern technologies, and the nation’s mobile workforce, the Senators emphasized the need to ensure that today’s system operates with integrity, especially at the White House.

Sen. Warner has been an outspoken critic of the Trump Administration’s abuse of the security clearance process. He also recently reintroduced legislation to modernize the government’s antiquated security clearance system and reduce the background investigation backlog.

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

March 8, 2019

The Honorable Daniel Coats

Director of National Intelligence

Office of the Director of National Intelligence

Washington, DC 20511

The Honorable Michael K. Atkinson

Inspector General of the Intelligence Community

Washington, DC 20511

Dear Director Coats and Inspector General Atkinson:

We write to request that you review compliance by the Executive Office of the President (EOP) with policies and procedures governing security clearances and access to secure compartmented information (SCI). We also request that you review the adequacy of policies and procedures to ensure that mitigation measures are implemented when eligibility to access to classified information is granted despite potential security risks. We believe that you have the authority and expertise to conduct this review, including in your role as Security Executive Agent under Executive Order 13467.

Public reporting over the last two years has raised serious concerns of alleged irregularities and questionable decisions related to eligibility determinations for EOP personnel access to classified information. These allegations include abuse in granting interim clearances, to include for access to SCI; revoking a former senior intelligence official’s eligibility for access to classified information seemingly for reasons of political retribution; overruling unfavorable adjudications made by career security professionals in some 30 cases; and the President’s decision himself to grant his daughter and son-in-law clearances despite the documented concerns from the White House Counsel and Chief of Staff.

The Administration is undertaking an important transformation of the security clearance system to reflect today’s threats, today’s mobile workforce, and modern technologies. While we must stay focused on that larger reform effort, we must ensure that today’s system operates with integrity, particularly at the White House.

We look forward to your attention to this matter and request you brief us on the results of your reviews within 60 days.

Sincerely,

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WASHINGTON – Today, U.S. Sen. Mark R Warner (D-VA) and a bipartisan group of 38 Senators sent a letter to the Senate Appropriations Committee urging the inclusion of back pay for federal contract workers impacted by the government shutdown within the upcoming disaster relief package. While federal workers harmed by the government shutdown have since been compensated for their lost wages, federal contract employees – including janitorial, food, and security services workers – who were furloughed or forced to accept reduced work hours have not. In their letter, the Senators urge the Appropriations Committee to include provisions to fix this wrong in upcoming appropriations legislation.

The Senators write, “Contractor workers and their families should not be penalized for a government shutdown that they did nothing to cause.”

They continue, “Contractor employees perform jobs that are critical to the operations of our government, such as food service, security, and custodial work. These are often low-wage jobs that require workers to live paycheck to paycheck. As a result, the shutdown has left contractors struggling with unpaid rent and other mounting bills that many of these workers still cannot afford without back pay.”

The Senators close the letter stating, “There are bipartisan bills in both houses of Congress that would provide back pay to compensate contractor employees for their lost wages. As supporters of this effort, we urge you to include back pay for contractor employees in a supplemental appropriations bill for FY2019 or as part of the regular appropriations process for FY2020.”

In addition to Senator Van Hollen, the letter was signed by U.S. Senators Susan Collins (R-Maine), Tina Smith (D-Minn.), Richard Blumenthal (D-Conn.), Sherrod Brown (D-Ohio), Ben Cardin (D-Md.), Bob Casey (D-Penn.), Doug Jones (D-Ala.), Tim Kaine (D-Va.), Bernard Sanders (I-Vt.), Mark Warner (D-Md.), Elizabeth Warren (D-Mass.), Ron Wyden (D-Ore.), Bob Menendez (D-N.J.), Edward Markey (D-Mass.), Jacky Rosen (D-Nev.), Jeanne Shaheen (D-N.H.), Dianne Feinstein (D-Calif.), Amy Klobuchar (D-Minn.), Maggie Hassan (D-N.H.), Angus King (I-Maine), Mazie Hirono (D-Hawaii), Catherine Cortez Masto (D-Nev.), Jon Tester (D-Mont.), Joe Manchin (D-W.V.), Tom Udall (D-N.M.), Chris Coons (D-Del.), Cory Booker (D-N.J.), Tammy Baldwin (D-Wis.), Debbie Stabenow (D-Mich.), Tom Carper (D-Del.), Martin Heinrich (D-N.M.), Dick Durbin (D-Ill.), Kirsten Gillibrand (D-N.Y.), Jeff Merkley (D-Ore.), Tammy Duckworth (D-Ill.), Michael Bennet (D-Colo.), Brian Schatz (D-Hawaii), Kamala Harris (D-Calif.).

In January, Senator Van Hollen joined Senator Tina Smith and others in introducing the Fair Compensation for Low-Wage Contractor Employees Act, which now has 48 cosponsors in the Senate and 68 in the House of Representatives. Senator Van Hollen also led a letter with 33 Democratic Senators to the Office of Management and Budget to urge them to direct federal agencies to work with contractors to provide back pay to compensate low- and middle-income contractor employees for the wages they have lost during the shutdown. Under their existing authority, federal contracting officers could use provisions that allow them to modify the terms of the contract to work with contractors to provide back pay for employees who lost wages as a result of the government shutdown.

A copy of the letter is available here and the text of the letter is available below:

Dear Chairman Shelby and Vice Chairman Leahy:

As discussions proceed for upcoming appropriations bills, we urge you to include a provision to provide back pay to compensate federal contractor employees for the wages they lost as a result of not being able to report to work during the recent government shutdown.

Contractor workers and their families should not be penalized for a government shutdown that they did nothing to cause. While federal employees received back pay at the end of the shutdown, federal contractors did not. Contractor employees perform jobs that are critical to the operations of our government, such as food service, security, and custodial work. These are often low-wage jobs that require workers to live paycheck to paycheck. As a result, the shutdown has left contractors struggling with unpaid rent and other mounting bills that many of these workers still cannot afford without back pay.

There are bipartisan bills in both houses of Congress that would provide back pay to compensate contractor employees for their lost wages. As supporters of this effort, we urge you to include back pay for contractor employees in a supplemental appropriations bill for FY2019 or as part of the regular appropriations process for FY2020.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Marco Rubio (R-FL) and Ron Wyden (D-OR) today reintroduced legislation to ensure that a wide range of comparative data about higher education programs is more readily available for prospective students and their families. The Student Right to Know Before You Go Act of 2019 will increase access to information about school graduation rates, debt levels, how much graduates can expect to earn, and other education and workforce-related measures of success as they make important decisions about higher education.

“Choosing a college or university is a major financial decision—it can affect students’ likelihood of graduating, the amount of student loan debt they will incur, and their future earning potential,” said Sen. Warner. “Students and families making such critical decisions have the right to know whether they are making a worthwhile investment, and this legislation will make important information available for those weighing different options.”

According to data from the State Council of Higher Education for Virginia (SCHEV), 62 percent of recent Virginia graduates have student loan debt, with an average debt of more than $33,000. With rising educational costs and uncertainty in the job market, students must be able to inform themselves as much as possible before making costly decisions about their futures. However, individuals considering a higher education are often forced to make life-altering financial and educational decisions based on information that is inadequate, inaccurate, or both. Institutional data available through the Department of Education’s College Scorecard is limited, and similar data published by individual states typically looks only at first-time, full-time students or students who remain in the same state after graduating.

The Student Right to Know Before You Go Act would make available accurate information about college and student outcomes while also prioritizing the privacy of student information. The bill would safeguard student privacy by using secure multiparty computation (MPC), an advanced encryption technique, to generate statistical data based on student information from colleges and universities, as well as loan and income information from government agencies like the Internal Revenue Service (IRS) and Department of Education. MPC ensures that no entity has to “give up” sensitive information in a way that is accessible to others.

Sen. Warner has introduced several bills to improve transparency, accountability, and affordability in higher education, and help borrowers better manage their student loan debts. The Employer Participation in Repayment Act would allow employers to apply pre-tax income to help their employees with student loan payments. The Dynamic Student Loan Repayment Act would make income-based repayment the default option for borrowers. The Go to High School, Go to College Act would give eligible students access to their Pell Grant dollars while enrolled in early college courses. Finally, the Empowering Students Through Enhanced Financial Counseling Act would promote financial literacy by providing students who are recipients of federal financial aid with comprehensive counseling services.

Bill text can be found here. A summary and chart of the bill’s key provisions can be found here. A section-by-section summary of the bill can be found here.

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