Press Releases

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) issued the following statement ahead of oral arguments in Learning Resources v. Trump, in which the Supreme Court will determine whether President Trump can continue to wield sweeping, unilateral authority to raise taxes on imported goods:

“Donald Trump’s reckless tariff policies are a tax on Virginians, driving up prices on everything from farm equipment and building materials to everyday consumer goods and costing the average household $1800 this year. Families and small businesses across the Commonwealth are already being stretched thin by rising costs, and the last thing they need is the president jacking up prices even more on a whim. No single leader should have unlimited authority to raise costs on Americans without accountability. We need trade policies that lower prices and strengthen our economy, not chaotic decisions that leave hardworking Virginians footing the bill.”

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* High-quality photographs of Sen. Mark R. Warner are available for download here *

Photos may be used online and in print, and can be attributed to ‘The Office of Sen. Mark R. Warner’

WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), Rand Paul (R-KY), and Amy Klobuchar (D-MN), as well as Senate Minority Leader Chuck Schumer (D-NY), announced that their legislation to undo President Donald Trump’s International Economic Emergency Powers Act (IEEPA) tariffs on Canada has been refiled. Since Trump launched his trade war with Canada, exports of U.S. distilled spirits declined by about 62 percent, and tourism from Canada to the U.S. fell by 33.9 percent. The legislation passed the Senate in a 51-48 vote in April but has not been taken up by the House of Representatives. It is privileged, so the Senate will be required to vote on it.

“Canada is a vital trading partner for Virginia, and the misguided tariffs that President Trump has placed on the country have already led to increased costs for families and businesses across the Commonwealth,” said Sen. Warner. “I urge my colleagues to join me in sending a clear message: it’s time to end the reckless trade policies that are hurting American consumers, small businesses, and our allies.”

“It is time to end President Trump’s senseless trade war with Canada, one of our closest allies and top trading partners. The American people overwhelmingly oppose it, and it has already done lasting damage to the bilateral relationship, which can be seen in declines in Canadian tourism to the United States, and declining sales of American products in Canada,” said Sen. Kaine. “It is our responsibility as Congress to step in when the President abuses their authority. If the Senate once again passes a resolution to terminate this misguided trade war, the House should join us and say enough is enough.”

“No president should be able to abuse emergency powers to bypass Congress and unilaterally impose import tariffs—taxes—on the American people,” said Sen. Paul. “These tariffs hit families, farmers, and small businesses the hardest, and in Kentucky they devastate cornerstone industries like car manufacturing, bourbon, homebuilding, and shipping. Congress must reclaim its constitutional authority and stop this economic overreach before more jobs and industries are destroyed.”

“The president cannot abuse his power to continue an unjustified trade war with one of our strongest allies. Canada is Minnesota’s top trading partner, but the President’s tariffs are jeopardizing that relationship—and adding costs for Minnesota families,” said Sen. Klobuchar. “We should not raise costs, hurt businesses, and eliminate jobs by attacking our neighbor and ally.”

“Upstate New Yorkers – and Americans across the country – are already paying the price for Trump’s reckless and nonsensical trade war,” said Leader Schumer. “His tariff tax has been felt on everything from groceries to new clothes. The tariffs and threats of economic instability have driven up prices, collapsed tourism, and stunted small businesses. It is beyond time for Senate Republicans to stand with us and stand up to Trump’s economic devastation. Congress must side with American families, small businesses, and the global economy and say no to the false “national emergency” Trump announced to impose tariffs on Canada.”

Specifically, the legislation would terminate the February 1 emergency declaration that President Trump used to launch his trade war with Canada, and would eliminate the tariffs on Canadian imports implemented as a result. President Trump’s order cited the IEEPA, an unprecedented use of IEEPA’s emergency provisions in the law’s nearly half-century history. The IEEPA tariffs are the largest tax increase on American families in recent history. Public opinion surveys have overwhelmingly demonstrated that the American people do not support Trump’s trade wars. According to a recent survey by Public First, 43 percent of American adults opposed applying tariffs to Canada. An Economist/YouGov survey found a majority of U.S. adults, 52 percent, were opposed to Trump’s Canada tariffs.

In 2024, Canada was Virginia’s largest export market, accounting for 15 percent of Virginia’s exports. In 2022, top goods exports from Virginia to Canada included motor vehicles and transportation equipment, such as medium- and heavy-duty trucks. 56.1 percent of Southwest Virginia’s economic output is dependent on trade.

In addition to Warner, Kaine, Paul, Klobuchar, and Schumer, the legislation is cosponsored by U.S. Sens. Susan Collins (R-ME), Angus King (I-ME), Lisa Murkowski (R-AK), Peter Welch (D-VT), Chris Coons (D-DE), Chris Van Hollen (D-MD), Sheldon Whitehouse (D-RI), Ron Wyden (D-OR), and Jeanne Shaheen (D-NH).

Full text of the legislation is available here.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), and Amy Klobuchar (D-MN) released the following statement after the Senate passed their bill in a 51-48 vote to undo President Trump’s tariffs on Canadian goods, which amount to a 25 percent tax on goods imported from one of America’s top trading partners and closest allies. The tariffs are part of a broader tariff strategy that the White House has admitted will extort $6 trillion in revenue from the American people, which would be the largest tax hike in U.S. history:

“Working Americans want costs to go down, not a tax hike in the form of nonsensical tariffs. We sent a powerful message with this vote: we will not stand idly by while President Trump launches a needless trade war with Canada that will raise costs for families, hurt American businesses, and damage our relationship with one of our closest trading partners and allies. We thank our colleagues on both sides of the aisle who voted against Trump’s deranged mission to bypass Congress to enact these new taxes, and will do all that we can to build pressure on our colleagues in the U.S. House of Representatives to take up this legislation.”

The legislation was cosponsored by U.S. Sens. Chris Van Hollen (D-MD), Sheldon Whitehouse (D-RI), Angus King (I-ME), Chris Coons (D-DE), Rand Paul (R-KY), Peter Welch (D-VT), and Andy Kim (D-NJ).

The legislation was endorsed by the U.S. Chamber of Commerce, the AFL-CIO, the United Steelworkers (USW), the International Association of Machinists and Aerospace Workers (IAM), International Federation of Professional and Technical Engineers (IFPTE), the National Retail Federation (NRF), the North America’s Building Trades Unions, the Sheet Metal and Air Conditioning Contractors’ National Association (SMACNA), the U.S. Conference of Mayors, Foreign Policy for America (FP4A), National Taxpayers Union, Taxpayers Protection Alliance, and Advancing American Freedom.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released a statement after President Trump enacted a 25% tariff on goods from Canada and Mexico, jacking up costs for American families:

“President Trump's reckless tariffs on our neighbors in Canada and Mexico are nothing more than a tax on American families. At a time when Virginians are already struggling with the cost of living, President Trump’s irrational tariffs on our allies will raise prices on everything from groceries to cars to houses, and they will kill American jobs. President Trump was elected on a promise to bring down rising prices, but these tariffs do the opposite.”

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) and U.S. Representative Bobby Scott (D-VA-03) announced $380,000,000 in federal funding for the Port of Virginia to accelerate its plan to become carbon-neutral by 2040. Warner, Kaine, and Scott advocated for this funding and sent a letter of support for this grant. The funding was awarded through the Environmental Protection Agency’s Clean Ports Program, which was made possible by the Inflation Reduction Act that the members helped pass.

“The Port of Virginia is one of the largest and busiest ports on the eastern seaboard, and it’s critical to Virginia’s economy and offshore wind industry. As the Port of Virginia continues to grow thanks to investments we’re making, we must also ensure we’re reducing greenhouse gas emissions, which result in negative health and environmental impacts for our communities,” said the lawmakers. “That’s why we’re thrilled that this federal funding, which was made possible by theInflation Reduction Act we supported, will accelerate the Port’s efforts to achieve net-zero carbon emissions by 2040 and further cement Virginia’s place as a leader in clean energy.”

The Inflation Reduction Act made historic investments to support clean energy projects. It included clean energy tax credits that have incentivized a series of corporate investments in Virginia, including:

A $681 million investment by LS GreenLink to build a state-of-the-art facility to manufacture high-voltage subsea cables used for offshore wind farms inChesapeake, which will create over 330 jobs in Virginia.
An investment of over $400 million by Topsoe to build a new manufacturing facility in Chesterfield County, which will create at least 150 new jobs in Virginia.
An investment of $208 million by Mack and Volvo Trucks—in addition to a federal grant award of over $208 million for the company—to sustain 7,900 union jobs and create 295 new jobs in Virginia, Maryland, and Pennsylvania. Volvo Trucks is the second largest employer in the New River Valley, sustaining 3,600 jobs in Dublin, including 3,200 United Automobile Workers (UAW) jobs. In September 2024, Warner and Kaine visited Volvo’s New River Valley plant to celebrate the investment.

Today’s announcement builds on other transformational investments made to the Port of Virginia by the Biden-Harris administration with the backing of Warner, Kaine, and Scott. That includes $225.4 million to fully fund the Norfolk Harbor Deepening and Widening Project, which will improve navigation and expand capacity by deepening and widening Norfolk Harbor’s shipping channels, allowing for two-way traffic in and out of the harbor. Of this amount, $141.7 million was made available through the Infrastructure Investment and Jobs Act and $83.7 million was provided through the Fiscal Year 2022 omnibus appropriations bill.

The Port also previously received $20 million in federal funding from the Department of Transportation for improvements to Portsmouth Marine Terminal that will allow it to serve as a staging area to support the manufacturing and movement of offshore wind goods to support the 2.6 gigawatt Coastal Virginia Offshore Wind commercial project and other commercial offshore wind projects up-and-down the East Coast. Warner, Kaine, and Scott led a Virginia Congressional Delegation letter to Secretary of Transportation Pete Buttigieg in support of the Port’s application for that funding.

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WASHINGTON — U.S. Sens. Mark R. Warner (D-VA), Mike Rounds (R-SD), Jack Reed (D-RI) and Mitt Romney (R-UT) today introduced bipartisan legislation to crack down on terrorist organizations like Hamas by applying sanctions to foreign parties that facilitate financial transactions with terrorists.

Currently, these sanctions are imposed only in limited circumstances, primarily on the terrorist group Hezbollah following passage of the Hizballah International Financing Prevention Act in 2015. The Terrorism Financing Prevention Act introduced today will expand this type of sanctions to cover all U.S.-designated Foreign Terrorist Organizations (FTOs), including Hamas, and other foreign parties that are controlled by or act on behalf of those FTOs.

“The Terrorism Financing Prevention Act will make sure that the Treasury Department has the tools necessary to enforce our sanctions against Hamas and other terror groups,” said Sen. Warner. “I’m pleased to join Senators Rounds, Reed, and Romney in introducing this bipartisan legislation to improve our national security.”

“It is critical that the Department of the Treasury has the necessary counter-terrorism tools to combat modern threats,” said Sen. Rounds. “The Terrorism Financing Prevention Act takes commonsense steps toward rooting out terrorism by sanctioning foreign financial institutions and foreign digital asset companies that assist them in committing these heinous acts. Cutting off funding for terrorist organizations at the source will save lives. I am pleased to co-lead this bipartisan legislation that takes decisive action to disrupt terrorist finance networks.”

“It is critical to bolster the Treasury Department’s tools to protect our national and economic security. With this bill, we are forcing foreign financial institutions and foreign crypto firms to choose between doing business with terrorist organizations or maintaining access to the U.S. financial system,” said Sen. Reed. “We must protect the integrity of our financial system from new and emerging threats from terrorist organizations, including Hamas that carried out the despicable attacks on Israel on October 7.”

“The October 7 attacks on Israel perpetrated by Hamas have made it more urgent and necessary for the U.S. to counter the role that cryptocurrency plays in the financing of terrorism. Our legislation would expand financial sanctions to cover all terrorist organizations—including Hamas—and it would equip the Treasury Department with additional resources to counter terrorism and address emerging threats involving digital assets,” said Sen. Romney.

Under the terms of the Terrorism Financing Prevention Act, the U.S. Department of the Treasury is required to identify any foreign bank or foreign digital asset transaction facilitator that knowingly facilitates transactions with an FTO or related party. Once these actors are identified, the bill requires imposition of sanctions on them, restricting either their use of U.S. correspondent bank accounts (in the case of a bank), or barring their digital asset or other transactions with U.S. persons (in the case of a digital asset transaction facilitator).

The bill also contains a key provision from the Crypto-Asset National Security Enhancement and Enforcement (CANSEE) Act the senators previously introduced, giving FinCEN authority to restrict transactions with “primary money laundering concerns” that do not involve a U.S. correspondent bank account. This provision will provide FinCEN with appropriate tools to address threats involving digital assets and non-traditional finance networks, just as they currently can where correspondent accounts are involved.

The Terrorism Financing Prevention Act also authorizes the resources the Treasury Department needs to carry out these programs.

A copy of the full bill text is available here.

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WASHINGTON – Senate Select Committee on Intelligence Chairman Mark R. Warner (D-VA) and Vice Chairman Marco Rubio (R-FL) wrote to the Biden administration to request that it expand the use of existing tools and authorities at the Departments of Treasury and Commerce to prevent China’s military industrial complex from benefiting from U.S. technology, talent and investments.

In a pair of letters, the Senators expressed concern with the flow of U.S. innovation, talent, and capital into the People’s Republic of China (PRC), which seeks to exert control over global supply chains, achieve technological superiority, and rise as the dominant economic and military power in the world. They also stress the need to utilize the authorities at the government’s disposal to protect U.S. interests and ensure that American businesses, investors, and consumers are not inadvertently advancing China’s authoritarian interests or supporting its ongoing genocide in Xinjiang and human rights abuses in Tibet and Hong Kong.

In their letter to Treasury Secretary Janet Yellen, the Senators wrote, “It is widely known that the PRC’s Military-Civil Fusion (MCF) program targets technological advancements in the U.S., as well as university and research partnerships with the U.S., for the PRC’s military development. U.S. technology, talent, and capital continue to contribute—through both lawful and unlawful means, including theft—to the PRC’s development of critical military-use industries, technologies, and related supply chains. The breadth of the MCF program’s ambitions and reach creates dangerous vulnerabilities for U.S. national and economic security as well as undermines respect for democratic values globally.”

The Senators also posed a number of questions for Sec. Yellen regarding Treasury’s internal Specially Designated Nationals and Blocked Persons (SDN) lists, which do not include a number of entities and individuals who have been identified by the U.S. Government as posing national security risks or human rights concerns.

In their letter to Commerce Secretary Gina Raimondo, the Senators wrote, “Despite recent restrictions on the export of sensitive technologies critical to U.S. national security, we remain deeply concerned that American technology, investment, and talent continue to support the People’s Republic of China’s (PRC’s) military industrial complex, intelligence and security apparatus, its ongoing genocide, and other PRC efforts to displace United States economic leadership. As such, we urge the Department of Commerce to immediately use its authorities to more broadly restrict these activities.”

The Senators also requested answers from Sec. Raimondo regarding America’s most critical high-technology sectors, the Department’s ability and authority to evaluate companies’ reliance on China and assess the flow of U.S. innovation to PRC entities.

A copy of the letter to the Department of Treasury is available here. A copy of the letter to the Department of Commerce is available here.

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WASHINGTON – With the privacy debate receiving renewed attention in Congress, U.S. Sens. Mark R. Warner (D-VA), Deb Fischer (R-NE), Amy Klobuchar (D-MN), and John Thune (R-SD) and Reps. Lisa Blunt Rochester (D-DE-AL) and Anthony Gonzalez (R-OH-16) today announced that their bipartisan, bicameral DETOUR Act – legislation that would prevent large online platforms from using deceptive user interfaces, known as “dark patterns,” to trick consumers into handing over their personal data – has picked up several new endorsements.

“We are pleased to see growing momentum behind our bipartisan effort to ban these manipulative practices,” said the members of Congress today. “There’s an increasing consensus in Congress that Americans should be able to make informed choices about handing over their data to large platform companies.”

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

The DETOUR Act would also prohibit large platforms from deploying features that encourage compulsive usage by children and from conducting behavioral experiments without a consumer’s consent.

"The American Psychological Association supports the efforts of Senators Mark Warner, Deb Fischer, Amy Klobuchar and John Thune to reduce harmful practices and deceptive tactics by social media companies. These practices can be especially harmful to children, but adults are also susceptible,” said Mitch Prinstein, PhD, Chief Science Officer at the American Psychological Association. “Through my research and that of my colleagues in psychological science, we increasingly understand how these companies can mislead individuals. This is why we support the DETOUR Act and its aim to protect social media users.”

“Social media companies often trick users into giving up their personal data – everything from their thoughts and fears to their likes and dislikes – which they then sell to advertisers. These practices are designed to exploit people; not to serve them better. Senator Warner and Senator Fischer’s DETOUR Act would put a stop to the destructive and deceptive use of dark patterns,” said Imran Ahmed, CEO of the Center for Countering Digital Hate.

“The DETOUR Act is an important step towards curbing Big Tech's unfair design choices that manipulate users into acting against their own interests. We are particularly excited by the provision that prohibits designs that cultivate compulsive use in children,” said Josh Golin, Executive Director of Fairplay. “Over the past year, we've heard a lot of talk from members of Congress about the need to protect children and teens from social media harms. It's time to put those words into action - pass the DETOUR Act!”

“The DETOUR Act proposed by Sen. Warner and co-sponsors represents a positive and important step to protect American consumers. DETOUR provides a mechanism for independent oversight over large technology companies and curtailing the ability of these companies to use deceptive and manipulative design practices, such as ‘dark patterns,’ which have been shown to produce substantial harms to users,” said Colin M. Gray, PhD, Associate Professor at Purdue University. “This legislation provides a foothold for regulators to better guard against deceptive and exploitative practices that have become rampant in many large technology companies, and which have had outsized impacts on children and underserved communities.”

“The proposed legislation represents an important step towards reducing big tech companies’ use of dark patterns that prioritize user engagement over well-being,” said Katie Davis, EdD, Associate Professor at the University of Washington. “As a developmental scientist, I’m hopeful the DETOUR Act will encourage companies to adopt a child-centered approach to design that places children’s well-being front and center, reducing the burden on parents to look out for and avoid dark patterns in their children’s technology experiences.”

The legislation was also previously supported by Mozilla, Common Sense, and the Center for Digital Democracy. Full text of the DETOUR Act is available here.

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WASHINGTON —U.S. Senator Mark R. Warner (D-VA) and U.S. Representative Abigail Spanberger (D-VA-07) today led the Virginia congressional delegation in calling on the U.S. Department of Commerce to consider Virginia for future locations of major semiconductor production and research facilities — as efforts to fund the CHIPS for America Act continue.

In a letter sent to U.S. Secretary of Commerce Gina Raimondo, Warner, Spanberger and the entire Virginia congressional delegation urged the Department to recognize the role Virginia can play in strengthening the American semiconductor industry and creating new jobs in this key sector. Specifically, they called on Secretary Raimondo to consider Virginia as the site for the National Semiconductor Technology Center (NSTC) and National Advanced Packaging Manufacturing Program (NAPMP) — two initiatives established by the CHIPS for America Act that would be funded by legislation currently under consideration by Congress.

The letter was also signed by U.S. Senator Tim Kaine (D-VA) and U.S. Representatives Don Beyer (D-VA-08), Ben Cline (R-VA-06), Gerry Connolly (D-VA-11), Bob Good (R-VA-05), Morgan Griffith (R-VA-09), Elaine Luria (D-VA-02), A. Donald McEachin (D-VA-04), Bobby Scott, (D-VA-03), Jennifer Wexton (D-VA-10), and Rob Wittman (R-VA-01).

“Thank you for your work to strengthen American semiconductor manufacturing, and the Department of Commerce’s efforts with Congress to pass the CHIPS for America Act. As Congress works to fully fund the important programs authorized by the law, we write to express our strong support for considering Virginia for sites to establish the National Semiconductor Technology Center (NSTC), National Advanced Packaging Manufacturing Program (NAPMP), and other federal investments in semiconductor research and manufacturing,” said the Virginia Members.

In their letter, the Virginia Members also outlined Virginia’s longstanding leadership in the semiconductor industry, as well as the reasons why Virginia’s economy would be best suited for these new centers.

The Virginia Members continued, “Virginia’s leading technology workforce and semiconductor manufacturing presence make the Commonwealth an ideal location for future federal investments in semiconductor research and manufacturing. Virginia has the second highest concentration of technology workers in the US, and net technology employment in Virginia grew by more than 27,000 jobs between 2010 and 2019. Virginia also has strong education infrastructure, especially in Science, Technology, Engineering, Math (STEM) degrees and credentials. In 2019-20, Virginia’s public and private nonprofit colleges and universities awarded 122,869 degrees and certificates in areas such as health care, business, education, information technology and other demand fields.”

Virginia is already home to multiple shovel-ready sites that are ready to support new semiconductor manufacturing, research, and development. This preparation was outlined by the Henrico Economic Development Authority and the Chesterfield County Board of Supervisors backing this Spanberger-Warner effort to secure these sites.

“We are ready. Thanks to the hard work of Rep. Spanberger and Sen. Warner to move the CHIPS Act forward, Henrico and the Commonwealth of Virginia are poised for semiconductor investment. We have a long history of innovation in the semiconductor industry, and with our robust infrastructure, shovel ready sites, and talented workforce we are ready to meet the needs of the semiconductor industry,” said Anthony J. Romanello, Executive Director, Henrico Economic Development Authority.

“Securing advanced manufacturing is critical to growing local, regional and state economies, which is why Chesterfield has taken a strategic approach to be ready when opportunities knock. This expands into our prepared and ready workforce and streamlined planning and permitting processes, which make it easy to do business in Chesterfield. We’ve worked with our economic and community development professionals to determine what’s needed and where, and we’re positioning Chesterfield to be a desired and leading location in attracting technology and other advanced manufacturing to the Commonwealth. We appreciate Sen. Warner and Rep. Spanberger for supporting this effort in Virginia,” said Chris Winslow, Chairman, Chesterfield County Board of Supervisors.

Full text of the letter is available here and below.

Dear Secretary Raimondo,

Thank you for your work to strengthen American semiconductor manufacturing, and the Department of Commerce’s efforts with Congress to pass the CHIPS for America Act. As Congress works to fully fund the important programs authorized by the law, we write to express our strong support for considering Virginia for sites to establish the National Semiconductor Technology Center (NSTC), National Advanced Packaging Manufacturing Program (NAPMP), and other federal investments in semiconductor research and manufacturing.

We appreciate the Department of Commerce’s leadership in convening business leaders and government officials to address supply chain disruptions and semiconductor chip shortages. These issues are at the heart of rising prices that are impacting Americans’ pocketbooks. Additionally, investing in domestic semiconductor manufacturing is crucial for US global competitiveness and national security. As such, we strongly support robust funding for the CHIPS Act, and believe Virginia is uniquely positioned to effectively leverage federal investments to strengthen domestic manufacturing.

Virginia’s leading technology workforce and semiconductor manufacturing presence make the Commonwealth an ideal location for future federal investments in semiconductor research and manufacturing. Virginia has the second highest concentration of technology workers in the US, and net technology employment in Virginia grew by more than 27,000 jobs between 2010 and 2019. Virginia also has strong education infrastructure, especially in Science, Technology, Engineering, Math (STEM) degrees and credentials. In 2019-20, Virginia’s public and private nonprofit colleges and universities awarded 122,869 degrees and certificates in areas such as health care, business, education, information technology and other demand fields.

In addition to the Commonwealth’s highly prepared workforce, there are several shovel-ready sites in Virginia that are eager to support new manufacturing, research, and development. Multiple leading semiconductor manufacturing companies, such as Micron Technology and GeneSiC, have already chosen Virginia for large investments, such as for new semiconductor manufacturing plants, or expanding operations. Virginia has been named the “Top State for Business” five times since CNBC began ranking states for doing business in 2007, most recently ranking first in 2021. For these reasons, Virginia is strongly suited to be a responsible steward of federal investments in domestic semiconductor manufacturing and research, and promote U.S. global competitiveness in this key sector.

We continue to strongly support the Department’s work in promoting domestic semiconductor production and research, and we urge you to consider Virginia for the NSTC, NAPMP, and other investments as the Department implements the CHIPS for America Act. Thank you for your full and fair consideration of this request, consistent with applicable agency guidelines.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement applauding the Senate for taking an important procedural step to pass an American competitiveness package known as the United States Innovation and Competition Act or America COMPETES Act:

“For too long, the United States has allowed our global competitors to out invest us in regard to our innovation economy. This competitiveness bill makes major investments in domestic semiconductor manufacturing, creates good-paying jobs, and provides the tools our country needs to continue competing in the global economy. I am glad the Senate has voted to pass the amended version of this legislation, and I am hopeful that the Senate and House will conference quickly so that we can finally send this legislation to the President’s desk.”

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WASHINGTON – Ahead of Wednesday’s Senate hearing with the head of Instagram, U.S. Sens. Mark R. Warner (D-VA), Deb Fischer (R-NE), Amy Klobuchar (D-MN), and John Thune (R-SD) along with Reps. Lisa Blunt Rochester (D-DE-AL) and Anthony Gonzalez (R-OH-16) have re-introduced the Deceptive Experiences to Online Users Reduction (DETOUR) Act to prohibit large online platforms from using deceptive user interfaces, known as “dark patterns,” to trick consumers into handing over their personal data. The DETOUR Act would also prohibit these platforms from using features that result in compulsive usage by children.

“For years dark patterns have allowed social media companies to use deceptive tactics to convince users to hand over personal data without understanding what they are consenting to. The DETOUR Act will end this practice while working to instill some level of transparency and oversight that the tech world currently lacks,” said Sen. Warner, Chairman of the Senate Select Committee on Intelligence and former technology executive. “Consumers should be able to make their own informed choices on when to share personal information without having to navigate intentionally misleading interfaces and design features deployed by social media companies.”

“Manipulative user interfaces that confuse people and trick consumers into sharing access to their personal information have become all too common online. Our bipartisan legislation would rein in the use of these dishonest interfaces and boost consumer trust. It’s time we put an end to ‘dark patterns’ and other manipulative practices to protect children online and ensure the American people can better protect their personal data,” said Sen. Fischer, a member of the Senate Commerce Committee.

“Dark patterns are manipulative tactics used to trick consumers into sharing their personal data. These tactics undermine consumers’ autonomy and privacy, yet they are becoming pervasive on many online platforms. This legislation would help prevent the major online platforms from using such manipulative tactics to mislead consumers, and it would prohibit behavioral experiments on users without their informed consent,” said Sen. Klobuchar, a member of the Senate Commerce and Judiciary Committees.

“We live in an environment where large online operators often deploy manipulative practices or ‘dark patterns’ to obtain consent to collect user data,” said Sen. Thune, ranking member of the Senate Commerce Committee’s Subcommittee on Communications, Media, and Broadband. “This bipartisan legislation would create a path forward to strengthen consumer transparency by holding large online operators accountable when they subject their users to behavioral or psychological research for the purpose of promoting engagement on their platforms.”

“My colleagues and I are introducing the DETOUR Act because Congress and the American public are tired of tech companies evading scrutiny and avoiding accountability for their actions. Despite congressional hearings and public outcries, many of these tech companies continue to trick and manipulate people into making choices against their own self-interest,” said Rep. Lisa Blunt Rochester. “Our bill would address some common tactics these companies use, like intentionally deceptive user interfaces that trick people into handing over their personal information. Our children, seniors, veterans, people of color, even our very way of life is at stake. We must act. And today, we are.”

“Social media has connected our communities, but also had detrimental effects on our society. Big tech companies that control these platforms currently have unregulated access to a wealth of information about their users and have used nontransparent methods, such as dark patterns, to gather additional information and manipulate users,” said Rep. Anthony Gonzalez. “The DETOUR Act would make these platforms more transparent through prohibiting the use of dark patterns. We live in a transformative period of technology, and it is important that the tech which permeates our day to day lives is transparent.”

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

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

“Tech companies have clearly demonstrated that they cannot be trusted to self-regulate. So many companies choose to utilize manipulative design features that trick kids into giving up more personal information and compulsive usage of their platforms for the sake of increasing their profits and engagement without regard for the harm it inflicts on kids,” said Jim Steyer, CEO of Common Sense. “Common Sense supports Senators Warner and Fischer and Representatives Blunt Rochester and Gonzalez on this bill, which would rightfully hold companies accountable for these practices so kids can have a healthier and safer online experience.”

“'Dark patterns' and manipulative design techniques on the internet deceive consumers. We need solutions that protect people online and empower consumers to shape their own experience. We appreciate Senator Warner and Senator Fischer's work to address these misleading practices,” said Jenn Taylor Hodges, Head of U.S. Public Policy at Mozilla.

“Manipulative design, efforts to undermine users’ independent decision making, and secret psychological experiments conducted by corporations are everywhere online. The exploitative commercial surveillance model thrives on taking advantage of unsuspecting users. The DETOUR Act would put a stop to this: prohibiting online companies from designing their services to impair autonomy and to cultivate compulsive usage by children under 13. It would also prohibit companies from conducting online user experiments without consent. If enacted, the DETOUR Act will make an important contribution to living in a fairer and more civilized digital world,” said Katharina Kopp, Director of Policy at Center for Digital Democracy.

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

Prohibits large online operators from designing, modifying, or manipulating user interface with the purpose or substantial effect of obscuring, subverting, or impairing user autonomy, decision-making, or choice to obtain consent or user data
Prohibits subdividing or segmenting consumers for the purposes of behavioral experiments without a consumer’s informed consent, which cannot be buried in a general contract or service agreement. This includes routine disclosures for large online operators, not less than once every 90 days, on any behavioral or psychological experiments to users and the public. Additionally, the bill would require large online operators to create an internal Independent Review Board to provide oversight on these practices to safeguard consumer welfare.
Prohibits user design intended to create compulsive usage among children under the age of 13 years old (as currently defined by the Children’s Online Privacy Protection Act).
Directs the FTC to create rules within one year of enactment to carry out the requirements related to informed consent, Independent Review Boards, and Professional Standards Bodies.

Sen. Warner first introduced the DETOUR ACT in 2019 and has been raising concerns about the implications of social media companies’ reliance on dark patterns for years. In 2014, Sen. Warner asked the FTC to investigate Facebook’s use of dark patterns in an experiment involving nearly 700,000 users designed to study the emotional impact of manipulating information on their News Feeds.

Sen. Warner is one of Congress’ leading voices in demanding accountability and user protections from social media companies. In addition to the DETOUR Act, Sen. Warner has introduced and written numerous bills aimed designed to improve transparency, privacy, and accountability on social media. These include the Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act – legislation that allow social media companies to be held accountable for enabling cyber-stalking, targeted harassment, and discrimination across platforms; the Designing Accounting Safeguards to Help Broaden Oversight and Regulations on Data (DASHBOARD) Act, bipartisan legislation that would require data harvesting companies to tell consumers and financial regulators exactly what data they are collecting from consumers and how it is being leveraged by the platform for profit; and the Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act, legislation that would encourage market-based competition to dominant social media platforms by requiring the largest companies to make user data portable – and their services interoperable – with other platforms, and to allow users to designate a trusted third-party service to manage their privacy and account settings, if they so choose.

Full text of the bill is available here.

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WASHINGTON — U.S. Senators Mark R. Warner (D-VA) Chairman of the Senate Select Committee on Intelligence and Marco Rubio (R-FL) Vice Chairman of the Senate Select Committee on Intelligence, sent a letter to the U.S. Trade Representative, Ambassador Katherine Tai, highlighting the importance of reconvening trade agreement talks with Taiwan.

“We respectfully request that you prioritize these talks and take steps to begin laying the groundwork for negotiation of a free trade agreement (FTA), or other preliminary agreement, with Taiwan,” the Senators wrote.

“Taiwan is the tenth largest trading partner of the United States—surpassing more populous nations such as India, France, and Italy—and the eighth largest market for American agricultural products. It embraces high standards of labor rights and environmental protection. We can all be confident that an agreement negotiated with Taiwan could serve as a model for what a high-standard FTA should look like,” the Senators continued.

“Beyond commerce and investment, Taiwan has proven itself to be a true friend to the United States and a model of a vibrant democracy. While Chinese authorities denied American companies operating in China the ability to send personal protective equipment (PPE) back home during the pandemic, Taiwan stood up production lines of PPE for the United States when we were most in need,” the Senators concluded.

Joining Warner and Rubio in sending the letter were Senators Jim Inhofe (R-OK), Kyrsten Sinema (D-AZ), Thom Tillis (R-NC), Cory Booker (D-NJ), Marsha Blackburn (R-TN), Chris Coons (D-CT), Shelley Moore Capito (R-WV), Joe Manchin (D-WV), John Boozman (R-AR), Tim Kaine (D-VA), Tom Cotton (R-AR), Kevin Cramer (R-ND), Roger Wicker (R-MS), Todd Young (R-IN), Steve Daines (R-MT), Rick Scott (R-FL), Ben Sasse (R-NE), Cindy Hyde-Smith (R-MS), John Barrasso (R-WY), John Thune (R-SD), Tim Scott (R-SC), Mike Braun (R-IN), Roy Blunt (R-MO), Mike Lee (R-UT), Chuck Grassley (R-IA), John Cornyn (R-TX), Lisa Murkowski (R-AK), Mike Rounds (R-SD), James Lankford (R-OK), Rand Paul (R-KY), Lindsey Graham (R-SC), Deb Fischer (R-NE), Dan Sullivan (R-AK), Ted Cruz (R-TX), John Hoeven (R-ND), Roger Marshall (R-KS), Cynthia Lummis (R-WY), Susan Collins (R-ME), Pat Toomey (R-PA), and Bill Hagerty (R-TN).

Dear Ambassador Tai:

As you move to establish your early priorities, we are pleased to see that the resumption of talks with Taiwan under the Trade and Investment Framework Agreement (TIFA) is among your areas of focus. The last TIFA meeting was held in October 2016, which is far too long ago when one considers Taiwan’s importance as a trade partner to the United States. For this reason, we were gratified to see reports that you held a virtual meeting with Taiwan’s top trade official, John Deng, on June 9, 2021 and committed to reconvene TIFA talks in the coming weeks. We respectfully request that you prioritize these talks and take steps to begin laying the groundwork for negotiation of a free trade agreement (FTA), or other preliminary agreement, with Taiwan.

In August 2020, Taiwan’s President Tsai Ing-wen announced her intention to remove, and later removed, what had been a major obstacle to the pursuit of a FTA: import restrictions on certain U.S. beef and pork products. It is now time for the United States to reciprocate and begin negotiations. It is clear that the United States stands to gain much in doing so.

Taiwan is the tenth largest trading partner of the United States—surpassing more populous nations such as India, France, and Italy—and the eighth largest market for American agricultural products. It embraces high standards of labor rights and environmental protection. We can all be confident that an agreement negotiated with Taiwan could serve as a model for what a high-standard FTA should look like. It will facilitate free trade under fair conditions that allow American workers, producers, and companies alike to flourish. Advanced economies such as Singapore and New Zealand have paved the way by signing their own FTAs with Taiwan.

Beyond commerce and investment, Taiwan has proven itself to be a true friend to the United States and a model of a vibrant democracy. While Chinese authorities denied American companies operating in China the ability to send personal protective equipment (PPE) back home during the pandemic, Taiwan stood up production lines of PPE for the United States when we were most in need. Despite Beijing’s endless efforts to isolate and bully, Taiwan remains everything we want the Indo-Pacific region to be: a democratic, free market economy that is a reliable partner to the United States. Lastly, trade talks with Taiwan are also of great strategic importance. Maintaining U.S. economic influence in the region and reducing Taiwan’s dependence on China is essential to ensuring that the region remains free and open.

Thank you again for committing to resume TIFA talks with Taiwan in the coming weeks. We appreciate your continued attention to this important matter.

Sincerely,

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WASHINGTON – Today, U.S. Senator Mark R. Warner (D-VA) joined Senators Jeff Merkley (D-OR) and James Inhofe (R-OK) and a bipartisan group of 38 senators in urging the Appropriations subcommittee with jurisdiction over the Economic Development Administration (EDA) to include robust funding for the EDA in fiscal year 2022 appropriations legislation.

The EDA is designed to create jobs and stimulate the economy in areas of the country that need the most help—both rural and urban—and has played an integral role so far in America’s recovery from the economic fallout of the pandemic.

“With a modest budget, EDA programs have developed a record of making strategic investments and building community and regional partnerships to expand business in areas such as advanced manufacturing, science, health care, and technology. Between FY12 and FY19, EDA has invested over $2.283 billion in 5,471 projects to help build the capacity for locally-driven economic development projects. These projects are expected to create and/or retain 335,620 jobs and attract over $47.1 billion in private investment,” the lawmakers wrote.

“Many communities, especially those in rural areas, have benefited from EDA grants to support the job skills training, technical assistance, and infrastructure improvements needed to attract new businesses and ensure existing businesses have the opportunity to adapt to changing market circumstances. EDA has invested nearly 60 percent of its funds in rural areas since FY12, which has leveraged over $13.7 billion in private investment in these communities,” the senators continued.

In addition to Warner, Merkley, and Inhofe, the letter was signed by U.S. Senators Tammy Baldwin (D-WI), Michael Bennet (D-CO), Cory Booker (D-NJ), Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Robert Casey (D-PA), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Mike Crapo (R-ID), Tammy Duckworth (D-WI), Richard Durbin (D-IL), Dianne Feinstein (D-CA), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Mazie Hirono (D-HI), Tim Kaine (D-VA), Mark Kelly (D-AZ), Angus King (I-ME), Amy Klobuchar (D-MN), Joe Manchin (D-WV), Edward J. Markey (D-MA), Robert Menendez (D-NJ), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), James Risch (R-ID), Jacky Rosen (D-NV), Mike Rounds (R-SD), Tina Smith (D-MN), Debbie Stabenow (D-MI), Jon Tester (D-MT), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

Full text of the letter is available here and follows below.

Dear Chair Shaheen and Ranking Member Moran,

As you begin work preparing the Fiscal Year (FY) 2022 Commerce, Justice, Science, and Related Agencies Appropriations Act, we urge you to include robust funding for the Economic Development Administration (EDA) and its vital grant programs.

Since 1965, EDA has helped local and regional stakeholders address the economic and infrastructure needs of communities across the country, focusing on private-sector job creation and economic growth in distressed areas.

With a modest budget, EDA programs have developed a record of making strategic investments and building community and regional partnerships to expand business in areas such as advanced manufacturing, science, health care, and technology. Between FY12 and FY19, EDA has invested over $2.283 billion in 5,471 projects to help build the capacity for locally-driven economic development projects. These projects are expected to create and/or retain 335,620 jobs and attract over $47.1 billion in private investment.

Many communities, especially those in rural areas, have benefited from EDA grants to support the job skills training, technical assistance, and infrastructure improvements needed to attract new businesses and ensure existing businesses have the opportunity to adapt to changing market circumstances. EDA has invested nearly 60 percent of its funds in rural areas since FY12, which has leveraged over $13.7 billion in private investment in these communities.

EDA is useful in supporting job creation and innovation, particularly in distressed and disadvantaged communities. This aligns with the Administration’s goals of building back stronger, more resilient economies. The agency is also a great tool that helps small businesses recover and communities rebuild critical infrastructure and economic development assets following natural disasters or public health emergencies.

As Congress has done in past fiscal years, we encourage you to include robust funding for the Economic Development Administration and its grant programs in the FY22 Commerce, Justice, Science, and Related Agencies Appropriations Act. We look forward to working with you to ensure the success of the EDA, which has an exceptional record of supporting local communities across the nation to cost-effectively promote economic development.

Sincerely,

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WASHINGTON – Today, U.S. Mark R. Warner (D-VA) joined Sens. Sherrod Brown (D-OH) and Rob Portman (R-OH) in urging the U.S. International Trade Commission (ITC) to side with American workers and fully and fairly enforce U.S. trade remedy laws. In a bipartisan letter to the ITC, Warner, Brown, and Portman led their colleagues in pressing the ITC to give full and fair consideration to the United Steelworker’s petitions in these cases of unfairly traded imports. Warner, Brown, and Portman led this letter with Sens. Richard Burr (R-NC), Kirsten Gillibrand (D-NY), Todd Young (R-IN), Charles E. Schumer (D-NY), Mike Braun (R-IN), Tim Kaine (D-VA), John Boozman (R-AR), and Raphael Warnock (D-GA).

“U.S. trade remedy laws are intended to provide relief to U.S. companies and their workers when they are undermined by unfairly traded imports. We urge you to give full and fair consideration to the USW petitions in these cases and to ensure U.S. trade remedy laws are fully enforced,” the Senators wrote.

For years, United Steelworkers at tire companies including Cooper Tire in Findlay, Ohio, have found themselves at a severe competitive disadvantage due to unfairly traded foreign imports. The United Steelworkers’ trade petitions seeks to secure relief for their members in the tire industry to ensure the U.S. tire industry can compete on a level playing field.

Full text of the letter is available here and below:

The Honorable Jason Kearns

Chairman

United States International Trade Commission

500 E Street, SW

Washington, D.C. 20436

Dear Chairman Kearns:

We write on behalf of U.S. passenger vehicle and lightweight tire (PVLT) manufacturers and their workers who face ongoing challenges from unfairly traded tire imports in the above referenced cases and to reiterate our support for strong enforcement of U.S. trade remedy laws.

The U.S. tire industry has been marked by unfair trade from foreign competitors for years. In 2009, President Obama imposed Section 421 tariffs on Chinese tire imports to address the systemic dumping of tires in the U.S. market. After the tariffs expired, USW tire-producing members again faced unfair competition, and the union filed antidumping (AD) and countervailing duty petitions in 2014. AD and CVD orders have been in place on certain Chinese PVLT imports since. Unfortunately, other foreign competitors are employing unfair practices to gain market share in the U.S. while Chinese tire imports face additional duties. As a result, the USW union recently filed the AD and CVD petitions against tire producers in Korea, Taiwan, Thailand, and Vietnam.

U.S. trade remedy laws are intended to provide relief to U.S. companies and their workers when they are undermined by unfairly traded imports. We urge you to give full and fair consideration to the USW petitions in these cases and to ensure U.S. trade remedy laws are fully enforced.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Rob Portman (R-OH), Richard Blumenthal (D-CT), and Charles E. Grassley (R-IA) sent a letter to U.S. Trade Representative, Ambassador Robert Lighthizer, urging the Trump Administration to refrain from including sweeping liability protection language modeled on Section 230 of the Communications Decency Act of 1996 in a trade agreement between the United States and the United Kingdom.

“We are optimistic that a new trade agreement with the United Kingdom will ensure fair, balanced, and reciprocal trade. But we want to note that we have concerns with the inclusion of safe harbor language modeled on Section 230 of the Communications Decency Act of 1996,” wrote the Senators. “Including a safe harbor clause in any future trade agreements will further allocate more power to companies at the expense of individuals.”

They continued, “Congress can and should debate about Section 230 and how it has enabled platforms to turn a blind eye as their platforms are used to facilitate discrimination, cyber-stalking, terrorism, online frauds, and more. We urge USTR to refrain from including this provision in this and future free trade agreements until that debate has concluded.”

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

Dear Ambassador Lighthizer:

We support strengthening trade relations between the United States and the United Kingdom through a potential free trade agreement. That relationship would not be improved, however, by a trade agreement that includes “safe harbor” language similar to Section 230 of the Communications Decency Act of 1996.

As an initial matter, Congress is not requesting, let alone requiring, the Administration to include this type of liability protection in our trade agreements. Trade promotion authority, which establishes the United States’ negotiating objectives for trade agreements, calls for “recogniz[ing] the significance of the internet as a trading platform in international commerce” – not for providing blanket immunity to bad actors because the wrongful conduct took place on the internet. Moreover, there is no reason to believe that such “safe harbor” language actually facilitates U.S. trade policy interests, particularly with respect to a country like the United Kingdom that has a strong rule of law tradition. Instead, the blanket immunity provided by measures like Section 230 allows platforms to escape liability for directly enabling heinous conduct such as online frauds, cyber-stalking, terrorism, and child abuse. Not surprisingly, neither the U.S. Congress nor the UK Parliament are seeking to export this type of immunity. Instead, they are undertaking vigorous debates regarding the proper oversight, transparency, and effective management of digital communications technologies.

Domestically, there is bipartisan consensus around the need to address illegal behavior online. Many Members of Congress, as well as the Department of Justice, have offered bills to reform Section 230. The United Kingdom unveiled its long-awaited “Online Harms” regulation, which would create a new regulatory framework to address unlawful and harmful online content. In parallel, the United Kingdom also passed a law last year that, once fully implemented, will establish a code of practice to protect children from exposure to harmful online content.

Congress passed Section 230 as part of wider legislation in 1996. The internet has changed dramatically since then and, accordingly, Section 230 has not aged well. As legislators proceed to review and examine the issues surrounding internet platform liability, it is unnecessary—and inappropriate—to tie their hands by making Section 230-style immunity an international obligation of our respective countries.

We remain excited by the opportunities presented by a new trade agreement with the United Kingdom. We want our Special Relationship to be as strong economically as it is politically. But inclusion of a “safe harbor” clause in either negotiations or a final agreement is frankly unhelpful to achieving that goal. Thank you for your attention to this matter.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced that the Virginia Port Authority will receive $20,184,999 in federal funds to complete its Central Rail Yard (CRY) expansion project at Norfolk International Terminals (NIT). This funding will build on the investments the Port has made across its two largest terminals, the NIT and Virginia International Gateway (VIG), to expand on-terminal rail capacity at NIT.

“The Port of Virginia is a major economic engine for the entire Commonwealth,” said the Senators. “These federal funds will support an important expansion at the Port that will increase the Port’s competitiveness and efficiency and allow it to continue to serve manufacturers and farmers in Virginia and across the country.”

The Port of Virginia is a major gateway for U.S. inland and Midwest markets. The Port handles a higher percentage of rail cargo than any other port on the East Coast. Thirty-four percent of the cargo processed at the Port arrives and departs via rail.

This grant supports the construction of two new rail bundles containing four tracks each, in addition to a center working area for transferring and staging containers. Associated lead-in tracks will incorporate turnouts and switches from the terminal’s main rail line and vehicle crossings. Additionally, the project will create a return access road that will separate rail dray traffic returning to the container yard from general truck traffic.

The NIT CRY expansion project would double the 368,000 annual container capacity of the existing CRY. The new rail bundles are projected to generate $112.1 million in total economic benefits.

The funding was awarded through the 2020 Port Infrastructure Development Discretionary Grants Program at the U.S. Department of Transportation. In May 2020, Warner and Kaine joined the entire Virginia congressional delegation in a letter to Secretary of Transportation Elaine Chao, advocating for the project. Additionally, in August, Sen. Warner again wrote to the Secretary in support of the funding that was announced today.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Amy Klobuchar (D-MN), a senior Member of Senate Commerce Committee and Ranking Member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights and Chairman of the Senate Commerce Subcommittee on Manufacturing, Trade, and Consumer Protection, Senator Jerry Moran (R-KS), sent a letter to Federal Trade Commission (FTC) Chairman Joseph Simons urging the FTC to take action to address the troubling data collection and sharing practices of the mobile application (“app”) Premom.

Premom is a mobile app that helps users track their fertility cycles to determine the best time to get pregnant, relying on personal and private health information. As of November 2019, the app has been downloaded over half a million times, and it is one of the top search results among fertility apps in the Apple App and Google Play stores.

In addition to Sen. Warner, Sens. Klobuchar and Moran were joined by Ranking Member of the Senate Commerce Committee, Maria Cantwell (D-WA), Richard Blumenthal (D-CT), Shelley Moore Capito (R-WV), and Elizabeth Warren (D-MA).

“A recent investigation from the International Digital Accountability Council (IDAC) indicated that Premom may have engaged in deceptive consumer data collection and processing, and that there may be material differences between Premom’s stated privacy policies and its actual data-sharing practices. Most troubling, the investigation found that Premom shared its users’ data without their consent,” Klobuchar and her colleagues wrote.

The full text of the letter can be found HERE and below:

Dear Chairman Simons:

We write to express our serious concerns regarding recent reports about the data collection and sharing practices of the mobile application (“app”) Premom and to request information on the steps that the Federal Trade Commission (FTC) plans to take to address this issue.

Premom is a mobile app that helps users track their fertility cycles to determine the best time to get pregnant. As of November 2019, the app has been downloaded over half a million times, and it is one of the top search results among fertility apps in the leading app stores. To use Premom, users provide the app extensive personal and private health information.

A recent investigation from the International Digital Accountability Council (IDAC) indicated that Premom may have engaged in deceptive consumer data collection and processing, and that there may be material differences between Premom’s stated privacy policies and its actual data-sharing practices. Most troubling, the investigation found that Premom shared its users’ data without their consent. IDAC sent a letter to the FTC on August 6, 2020, to describe these undisclosed data transmissions along with other concerning allegations including conflicting privacy policies and questionable representations related to their collection of installed apps for functionality purposes.

While Premom claimed to only share “nonidentifiable” information in its privacy policy, the IDAC report found that Premom collected and shared—with three third-party advertising companies based in China including Jiguang, UMSNS, and Umeng—non-resettable unique user device identifiers that can be used to build profiles of consumer behavior. Additionally, users of the Premom app were not given the option to opt out of sharing their personal data with these advertising companies, and reports also allege that one of the companies that received user data from Premom concealed the data being transferred—which privacy experts say is an uncommon practice for apps that is used primarily to conceal their data collection practices.

While we understand that Premom has taken steps to update its app to halt the sharing of its users’ information with these companies, it is concerning that Premom may have engaged in these deceptive practices and shared users’ personal data without their consent. Additionally, there may still be users who have not yet updated the Premom app, which could still be sharing their personal data—without their knowledge or consent.

In light of these concerning reports, and given the critical role that the FTC plays in enforcing federal laws that protect consumer privacy and data under Section 5 of the Federal Trade Commission Act and other sector specific laws, we respectfully ask that you respond to the following questions:

1. Does the FTC treat persistent identifiers, such as the non-resettable device hardware identifiers discussed in the IDAC report, as personally identifiable information in relation to its general consumer data security and privacy enforcement authorities under Section 5 of the FTC Act?

2. Is the FTC currently investigating or does it plan to investigate Premom’s consumer data collection, transmission, and processing conduct described in the IDAC report to determine if the company has engaged in deceptive practices?

3. Does the FTC plan to take any steps to educate users of the Premom app that the app may still be sharing their personal data without their permission if they have not updated the app? If not, does the FTC plan to require Premom to conduct such outreach?

4. Please describe any unique or practically uncommon uses of encryption by the involved third-party companies receiving information from Premom that could be functionally interpreted to obfuscate oversight of the involved data transmissions.

5. How can the FTC use its Section 5 authority to ensure that mobile apps are not deceiving consumers about their data collection and sharing practices and to preempt future potentially deceptive practices like those Premom may have engaged in?

Thank you for your time and attention to this important matter. We look forward to working with you to improve Americans consumers’ data privacy protections.

Sincerely,

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WASHINGTON, D.C. – U.S. Sen. Mark R. Warner (D-Va.) joined Sen. Bob Menendez (D-N.J.), Congressman Bill Pascrell, Jr. (N.J.-09) and a number of colleagues in introducing bicameral legislation to establish an Inspector General (IG) for the Office of the United States Trade Representative (USTR) to provide independent oversight, and increase transparency and accountability at the agency which has recently come under increased scrutiny over reports and allegations of political favoritism, inconsistent policy implementation and conflicts of interest.

“Americans deserve honest and transparent trade policy,” said Sen. Menendez. “Recent reports of political favoritism, opaque decision-making, and conflicts of interest highlight just how dangerous it can be when an Administration hides public business from the American people. This bill will help ensure that trade policy is determined by our country’s economic interests – and no one else’s.”

“Sunlight remains the ultimate disinfectant, and that is especially true when it comes to our trade policy,” said Rep. Pascrell. “Our nation’s trade policies impact virtually every aspect of our economy and so Americans deserve to know that they are being formulated free of tainting influences and double-dealing. The opaqueness and outright corruption of Trump’s regime has revealed the need for a watchdog in all corners of our government. Our bill will ensure our trade policy will not be wielded for personal or political gain.”

In a June hearing, Sen. Menendez confronted USTR Robert Lighthizer over allegations that President Trump asked Chinese President Xi to make agricultural purchases to help him in the election. "Because if it's true, it shows how clear it is that the administration doesn't really have any intention of actually solving our trade problems with China,” Menendez said.

USTR’s Section 301 China tariff exclusion process has raised concerns over its lack of transparency, inconsistent decision-making, and political favoritism. Further, in June, Bloomberg reported that two USTR employees who helped negotiate USMCA may have violated federal law barring conflicts of interest when they offered their services as private-sector advisers to future clients while still on the federal payroll.

USTR is one of the only cabinet-level agencies without an IG, which means decisions that impact billions of dollars in trade are currently without the same degree of oversight as other federal agencies.

The legislation is co-sponsored by all the Democratic Finance Committee members, Sens. Ron Wyden (D-Ore.), Sherrod Brown (D-Ohio), Sheldon Whitehouse (D-R.I.), Catherine Cortez Masto (D-Nev.), Ben Cardin (D-Md.), Tom Carper (D-Del.), Bob Casey (D-Penn.), Debbie Stabenow (D-Mich.), Michael Bennet (D-Colo.), Maria Cantwell (D-Wash.), and Maggie Hassan (D-N.H.). Reps. Sanford Bishop (Ga.-02), Peter DeFazio (Ore.-04), Alcee Hastings (Fla.-20), Marcy Kaptur (Ohio-09), Jim McGovern (Mass.-02), Frank Pallone (N.J.-06), Jose Serrano (N.Y.-15) and Judy Chu (Calif.-27) are cosponsoring the companion bill in the House.

The USTR Inspector General Act of 2020 would:

Establish a statutory IG for the United States Trade Representative under the Inspector General Act of 1978, similar to IGs for the Departments of Commerce, Defense, State, Justice, Treasury, etc. to perform independent oversight, improve transparency and accountability, and crack down on waste, fraud, and abuse;

Require the president to appoint an individual to serve as USTR IG, subject to advice and consent of the Senate, not later than 120 days after enactment; and

Direct the USTR IG to commence an audit of the Section 301 China tariff exclusion process within 180 days of enactment.

A copy of the bill can be found here.

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WASHINGTON, D.C. – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement applauding Senate passage of the U.S.-Mexico-Canada Agreement (USMCA):

“USMCA is an important, bipartisan win for Virginia. Expanding access to Canadian agricultural markets will open up new opportunities for Virginia farmers. Holding Mexican companies to higher labor and environmental standards will help level the playing field for American workers and companies. And efforts to streamline and modernize cross-border shipments will help the thousands of Virginia companies that already export to Mexico and Canada. This bill will help local economies in all corners of Virginia, and we were proud to vote for its passage today.”

Organizations that have announced their support for USMCA include: Virginia Chamber of Commerce, United Steelworkers Local 8888, Virginia Poultry Federation, Farm Credit of the Virginias, Virginia Port Authority, Virginia Maritime Association, Virginia Cattlemen’s Association, Virginia Farm Bureau, Virginia State Dairymen’s Association, Virginia Pork Council, Volvo Trucks New River Valley plant, UPS, STIHL Inc. in Virginia Beach, Virginia Hispanic Chamber of Commerce, and Eastman.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), member of the Senate Committee on Finance, addressed the United States-Mexico-Canada Agreement (USMCA) before voting in favor of the deal during a Finance Committee vote. In his opening remarks, Sen. Warner expressed optimism for the deal’s positive impact on Virginia’s farmers, but noted his concern regarding the Trump Administration’s erratic approach to trade, and the impact that these strained interactions could have on our nation’s relationship with key allies and partners abroad.

“I’m optimistic that this trade agreement will help American farmers, ports, manufacturers, retailers, and workers. As others have pointed out, the deal addresses issues like digital trade, that NAFTA couldn’t fully anticipate and decreases market barriers to agricultural products that have been huge points of concern for Virginia farmers,” said Sen. Warner in the committee hearing. “Overall, I’m hopeful that this agreement will provide the consistency and stability that the business community needs. At the same time, I worry that the process that led us to this point may result in reduced U.S. credibility and trust from our allies and closest trading partners. Throughout the negotiation process, the President’s efforts to levy tariffs on Canada and Mexico, and to make repeated threats to withdraw from NAFTA or to heedlessly close the border with Mexico, have exemplified the troubling and erratic approach to trade issues that we’ve seen from the Administration.”

He continued, “Alienating our closest allies with the misuse of national security tariffs is counterproductive and endangers American security. That is why Senator Toomey and I have offered the Bicameral Trade Authority Act, to curb abuses of 232 authority. I’m hopeful that with ratification of this deal will offer an opportunity for this committee to reexamine those efforts in a bipartisan fashion.”

The United States-Mexico-Canada Agreement was officially signed by the three participating countries on November 30th, 2018. In the wake of pressure from Democrats, led by Speaker Pelosi, the Trump Administration announced on December 9^th the addition of new labor protections and enforcement provisions. Soon after, Sen. Warner announced his support of the USMCA, which intends to replace the North American Free Trade Agreement (NAFTA). The USMCA, which passed the House of Representatives by a 385-41 vote, awaits consideration in the Senate.

Sen. Warner’s remarks are available below:

Thank you, Mr. Chairman.

As we all know, strong trading relationships improve our nation’s economy. I’m optimistic that this trade agreement will help American farmers, ports, manufacturers, retailers, and workers. As others have pointed out, the deal addresses issues like digital trade, that NAFTA couldn’t fully anticipate and decreases market barriers to agricultural products that have been huge points of concern for Virginia farmers.

I want to add congratulations to Ranking Member Wyden, Senator Brown and our House colleagues, because now this agreement finally includes strong labor protections to ensure that companies in our partner nations are held accountable and that American workers can compete on a level playing field.

Overall, I’m hopeful that this agreement will provide the consistency and stability that the business community needs.

At the same time, I worry that the process that led us to this point may result in reduced U.S. credibility and trust from our allies and closest trading partners. Throughout the negotiation process, the President’s efforts to levy tariffs on Canada and Mexico, and to make repeated threats to withdraw from NAFTA or to heedlessly close the border with Mexico, have exemplified the troubling and erratic approach to trade issues that we’ve seen from the Administration.

Our trade relationships are a key form of diplomacy, allowing us to increase U.S. influence abroad and deepen our relationships with foreign partners in ways that benefit not just American prosperity but U.S. security and leadership. Alienating our closest allies with the misuse of national security tariffs is counterproductive and endangers American security. That is why Senator Toomey and I have offered the Bicameral Trade Authority Act, to curb abuses of 232 authority. I’m hopeful that with ratification of this deal will offer an opportunity for this committee to reexamine those efforts in a bipartisan fashion.

Finally, and I made an agreement with the ranking member not to raise this issue during these considerations but I do want to take note that I have serious concerns with the inclusion of safe harbor language modeled on section 230 of the Communications Decency Act. Congress is beginning, at this point, an important bipartisan debate about whether section 230 is working as intended. And many, including many prominent civil rights groups, believe that section 230 has allowed internet intermediaries to ignore misuse of their platforms by bad actors. This is an issue that I think needs our attention and that I hope we can revisit in a bipartisan way. Again, I commend everybody who worked on this.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today applauded the news that the Chinese government will lift the import ban on U.S. poultry products that has been in place since 2015, effective immediately.

“For years, we have raised concerns about China’s unfair ban on U.S. poultry products and today’s announcement that the ban will be lifted, effective immediately, is great news for Virginia poultry producers,” said the Senators. “While we’re pleased by today’s news that this unreasonable and arbitrary policy will be reversed, we remain deeply concerned that the Trump Administration still appears to lack a comprehensive strategy to deal with China’s unfair trade practices and the long-term threats to U.S. jobs and national security posed by China’s rampant intellectual property theft and economic espionage. We strongly urge the President not to lose sight of those important goals, or the pain the Administration’s tariffs continue to cause for many of Virginia’s businesses, workers and consumers.”

In July 2017, Sen. Warner and Sen. Kaine sent a letter to U.S. Secretary of Agriculture Sonny Perdue, urging the Trump Administration to push the Chinese government to end its ban on the sale of American poultry products. In February of this year, Sen. Warner and eight other bipartisan Senators sent a letter to U.S. Trade Representative Robert Lighthizer, calling on the Trump Administration to reach a trade agreement with China lifting the ban on U.S. poultry and other barriers to U.S. agriculture products while also addressing issues such as Chinese intellectual property theft, forced technology transfer, and unfair subsidies for state-owned enterprises.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after China announced that it will instate additional retaliatory tariffs starting September 1 in response to President Trump’s plans to impose additional levies on Chinese goods:

“Time and time again, we have warned President Trump against escalating a trade war with China. Trade wars yield no winners and hurt consumers and producers all over the Commonwealth, especially the farmers and small business owners who count on Chinese demand for products grown in Virginia. We’re even seeing devastating second-order effects of this trade war, with the possibility that fires in the Amazon are being deliberately set to clear land for soybean exports to China. While the U.S. must absolutely crack down on China for its illegal trade practices, we can’t afford to do so in an incoherent and erratic way. Today’s announcement shows once again that the Trump Administration’s bizarre trade policies destabilize the economy, put the livelihoods of many Americans at risk, undermine global stability, and fundamentally fail to hold China accountable for its unfair practices.”

According to an announcement by the Chinese finance ministry, China’s tariffs will range from five to ten percent on items such as agricultural products, apparel, chemicals, and textiles, in addition to a 25 percent tariff on automobiles and a five percent tariff on automobile parts. These levies are scheduled to take effect on September 1 and December 15, matching the dates of the President’s most recent tariffs.

Sens. Warner and Kaine have continuously warned the Trump Administration about how its haphazard approach on trade hurts Virginia’s families, businesses, and economy. According to the Virginia Department of Agriculture and Consumer Services (VDACS), China is the Commonwealth’s number-one agricultural export market for soybeans. In 2018, Virginia exported more than $58 million soybean products to China – an 83 percent decrease from 2017.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after President Trump announced his plan to impose an additional 10 percent tariff on $300 billion worth of Chinese goods beginning September 1:

“We continue to have grave concerns regarding this Administration’s nonexistent trade strategy. Let’s be clear: trade policy should not be done through tweet; it should be through thoughtful collaboration with our allies to address China’s unfair trade practices. Instead, today’s erratic reversal on trade will only raise prices for Virginians and give China motivation to retaliate, which would further hit Virginia's already-hurting agricultural producers even harder. For years, China has been one of Virginia’s top agricultural customers, but escalating the trade war will only continue to threaten a critical industry that’s borne the brunt of this incoherent strategy.”

Sens. Warner and Kaine have continued to warn the Trump Administration about how its haphazard approach on trade hurts Virginia’s families, businesses, and economy. According to the Virginia Department of Agriculture and Consumer Services (VDACS), China is Virginia’s number-one agricultural export market for soybeans. In 2018, Virginia exported more than $58 million soybean products to China – an 83 percent decrease from 2017.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) have joined Sen. Brian Schatz (D-HI) in cosponsoring legislation to protect the decennial census from partisan whims aimed at intimidating respondents and curbing participation. The Census Improving Data and Enhanced Accuracy (Census IDEA) Act will help safeguard the integrity of the 2020 census by ensuring that any proposed changes to the count are adequately studied and researched prior to being added to the questionnaire. This follows a United States Supreme Court decision on June 27 that blocked the Trump Administration from adding a citizenship question to the 2020 census, citing insufficient justification for adding the question.

“The census is a critical undertaking in our democracy that helps determine the number of representatives and federal dollars given to states. Additionally, many businesses rely on census population data to decide where to open new stores, buy advertising, or deploy wireless broadband infrastructure. Therefore, it’s extremely important that we ensure the accuracy of the count and prevent it from being shaped by political motives,” said the Senators. “This bill will ensure that any additional question be presented with enough time for Congress to review its effects and help keep the census an independent tool for the American people.”

Last year, Commerce Secretary Wilbur Ross proposed adding a question to the census that would ask respondents about their citizenship status, likely preventing individuals from responding and thus drastically undercounting people in many immigrant and Latino communities. The Census Bureau’s own estimates indicate that the inclusion of a citizenship question would prompt a 2.2 percent drop in census responses – including an 8 percent drop in participation by households with at least one non-citizen. Following the Supreme Court’s decision to block this question, the Justice Department moved to replace its team of lawyers on the case – a move that was also rejected on Tuesday by a federal judge who cited a lack of satisfactory reasons for the swap.

In order to ensure the integrity of the census, the Census IDEA Act would:

Prevent last-minute operational changes that have not been properly researched, studied, and tested at least 3 years prior to the next decennial census date;
Ensure that subjects, types of information, and questions that have not been submitted to Congress according to existing law are not included;
Require biannual reports on the U.S. Census Bureau’s operation plan, including the status of its research and testing; a report on the agency’s operational plan 5 years prior to the next decennial census; and require that these reports be publicly available on the Bureau’s website;
Direct the U.S. Government Accountability Office to determine and report to Congress that the subjects, types of information, and questions on the decennial census have been researched, studied, and tested to the same degree as previous decennial censuses; and
Apply the provisions of this bill only to the decennial census, and not the mid-decade census or the American Community Survey.

Sens. Warner and Kaine, who sponsored this bill last Congress, have opposed politically motivated efforts to change longstanding practices in asking about citizenship status and have advocated for robust funding for the 2020 census. Last month, Sen. Warner joined Sen. Schatz and 27 other Senators in calling for Secretary Ross to meet the administration’s previously set deadline of July 1 to begin printing materials for the 2020 Census.

The Census IDEA Act has the support of the American Anthropological Association, American Civil Liberties Union, American Sociological Association, Asian Americans Advancing Justice, Coalition on Human Needs, Common Cause, Consortium of Social Science Associations, Japanese American Citizens League, NAACP LDF, NALEO Educational Fund, National Education Association, National Employment Law Project, National LGBTQ Task Force Action Fund, National Urban League, NETWORK Lobby for Catholic Social Justice, Leadership Conference on Civil and Human Rights, Service Employees International Union, Society for Research in Child Development, and Union of Concerned Scientists.

Other cosponsors of the Census IDEA Act include U.S. Sens. Tammy Baldwin (D-WI), Michael Bennet (D-CO), Sherrod Brown (D-OH), Richard Blumenthal (D-CT), Ben Cardin (D-MD), Dick Durbin (D-IL), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Angus King (I-ME), Amy Klobuchar (D-MN), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Tina Smith (D-MN), Tom Udall (D-NM), and Chris Van Hollen (D-MD).

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today joined Sen. Brian Schatz (D-HI) and 27 other senators in calling for Commerce Secretary Wilbur Ross to meet the administration’s previously set deadline of July 1 to begin printing materials for the 2020 Census and move forward without adding a politically motivated question about citizenship.

Their call comes a day after the U.S. Supreme Court ruled that the Trump administration’s rationale for adding the question “appears to have been contrived.” President Trump also announced on Twitter yesterday that he had asked his lawyers to delay the Census.

“By continuing to pursue the citizenship question, you will further delay and jeopardize the Census Bureau’s ability to conduct a full, fair, and accurate decennial census as required by the U.S. Constitution and the Census Act,” the senators wrote in a letter to Secretary Ross. “We urge you to stop all efforts to add a citizenship question and allow the Census Bureau to proceed with preparation for a 2020 census without a citizenship question on the questionnaire.”

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

Dear Secretary Ross:

In light of the U.S. Supreme Court’s ruling in Department of Commerce v. New York State, we urge you to uphold the rule of law and respect the Court’s decision. By continuing to pursue the citizenship question, you will further delay and jeopardize the Census Bureau’s ability to conduct a full, fair, and accurate decennial census as required by the U.S. Constitution and the Census Act. We urge you to stop all efforts to add a citizenship question and allow the Census Bureau to proceed with preparation for a 2020 census without a citizenship question on the questionnaire.

As a constitutionally mandated activity, the decennial census is a cornerstone of our democracy. We have one chance to get the count right and must complete the task on time to meet constitutional and legal requirements for congressional apportionment and redistricting. The 2020 Census is less than half a year away, and any unnecessary delay in operations would impact the ability of the Census Bureau to count every person in our country. We urge you to remove the citizenship question, and we look forward to your response.

Sincerely,

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