Press Releases
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Intelligence Committee, released a statement following Ukrainian President Volodymyr Zelenskyy’s private meeting with senators:
“There has never been a more important time for the United States to stand with our allies in support of Ukraine, and President Zelenskyy’s meeting with senators today bolstered the bipartisan momentum to continue our efforts. We’ve spent years rebuilding NATO after the former president launched it into chaos – we absolutely cannot undo that work and weaken this critical alliance by reneging on our commitments now. President Xi and autocrats around the world are watching.
“Russian military capabilities have been decimated for years to come by its ill-considered and illegal invasion of Ukraine. Walking away now would undermine the progress in securing Ukrainian independence, undercut NATO, and embolden authoritarian regimes around the world.”
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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence and author of the bipartisan law to invest in domestic semiconductor manufacturing, today released a statement on the one-year anniversary of the CHIPS and Science Act:
“I fought to pass the CHIPS and Science Act because it’s good for our supply chains, our families, and our national security to make semiconductors here at home. In the year since, the law has bolstered innovation, helped America to compete against countries like China for the technology of the future, and created good-paying manufacturing jobs that will grow the middle class.”
Nearly everything that has an “on” switch – from electric toothbrushes and calculators to airplanes and satellites – contains a semiconductor. One year ago, President Biden signed into law the CHIPS and Science Act, a law co-authored by Warner to make a nearly $53 billion investment in U.S. semiconductor manufacturing, research and development, and workforce, and create a 25 percent tax credit for capital investments in semiconductor manufacturing.
Semiconductors were invented in the United States, but today we produce only about 12 percent of global supply – and none of the most advanced chips. Similarly, investments in research and development have fallen to less than 1 percent of GDP from 2 percent in the mid-1960s at the peak of the space race. TheCHIPS and Science Act aims to change this by driving American competitiveness, making American supply chains more resilient, and supporting our national security and access to key technologies. In the one year since it was signed into law, companies have announced over $231 billion in commitments in semiconductor and electronics investments in the United States.
Last month, Sen. Warner co-hosted the CHIPS for Virginia Summit, convening industry, federal and state government, and academic leaders for a series of strategic discussions on how to propel Virginia forward in the booming U.S. semiconductor economy.
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U.S. Sen. Mark R. Warner (D-VA), applauded today’s Senate passage of the nation’s annual defense bill, which includes top priorities for Virginia, as well as a number of measures championed by Sen. Warner.
“I’m pleased to see the Senate move forward on a defense bill that provides our military and Department of Defense with the resources needed to preserve our national security. This legislation includes critical measures to improve quality-of-life for servicemembers, advance critical military construction projects, strengthen Virginia’s shipbuilding industry, and support Ukraine in its fight against Russian aggression,” said Sen. Warner. “I was proud to vote in favor of this legislation and hope that my colleagues in the House of Representatives will work in good faith to reach a final compromise between the two chambers.”
The legislation supports $886.3 billion in funding for our nation’s defense, and includes crucial measures supported by Sen. Warner.
Servicemembers and the civilian defense workforce:
- Authorizes a 5.2 percent pay raise for military servicemembers and Department of Defense (DoD) civilian workforce.
- Improves living conditions for enlisted servicemembers by greenlighting improvements to the quality and oversight of barracks. This provision specifically authorizes the replacement of substandard barracks and establishes new requirements that enlisted housing meet the same basic standards as all other military housing.
- Improves living conditions for junior Navy Sailors whose vessels are undergoing an extended maintenance overhaul. This legislation authorizes basic allowance for housing (BAH) payments that allow these servicemembers to live in commercial housing, rather than aboard the ship.
- Supports more equitable housing rates in markets with limited housing inventory by modifying the calculation of basic allowance for housing (BAH) rates.
- Allows for additional financial support for servicemembers, by reducing the threshold used to determine high cost-of-living areas for the purpose of providing a cost-of-living allowance to servicemembers assigned to locations in the continental United States.
- Requires a pilot program to assess the effectiveness of increased compensation for DoD childcare employees, in improving the ability to recruit and retain providers. To help address the overwhelming demand for childcare, last year Sen. Warner was able to secure $3.5 million in planning & design funding to support two new child development centers at Hampton Roads installations. This year’s Senate-passed NDAA would authorize $78 million in construction funding for additional facilities.
- Encourages a comprehensive review of the Navy’s efforts to prevent and respond to incidents of death by suicide, suicide attempts, and suicidal ideation in commands and organizations within the Navy that have not been reviewed by other studies.
Strengthening our nation’s defense and cyber defense capabilities:
- Authorizes $16.7 billion for military construction projects, including $625 million for 19 military construction projects in Virginia.
- Authorizes the Navy to enter into one or more contracts for the multiyear procurement of the next block of 10 Virginia-class submarines.
- Directs the Navy to schedule maintenance and repair activities for amphibious ships in order to ensure that 24 such warships are available for worldwide deployment at any given time.
- Requires the development of a regional cybersecurity strategy to support the operations of each geographic combatant command.
- Requires the establishment of a dedicated cyber intelligence capability to support information-sharing on technology developments, capabilities, operations, and intentions of actors who pose cyber threats.
- Directs DoD to support institutions of higher education on cyber workforce education and development efforts in the fields of cybersecurity, intelligence, data science, information security management, and quantum information science.
- Increases transparency surrounding the DoD’s investments in Artificial Intelligence by requiring DoD to provide an annual report to Congress detailing the categories of AI technologies and their respective investment amounts, and an analysis of how these investments support broader AI direction and strategies at the Department. This provision stems from an amendment by Sen. Warner.
- Strengthens the security of U.S. elections infrastructure by requiring that voting systems undergo simulated attacks as part of their standard certification process. This provision, written by Warner, would direct the Election Assistance Commission (EAC) to require that systems seeking certification undergo penetration testing, a practice that allows researchers to search for vulnerabilities by attempting to attack a system with the same tools and techniques used by cybercriminals.
Countering aggression by adversaries like Russia and China:
- Prohibits the purchase of drones from countries like China that pose a national security threat. This provision, championed in part by Warner, prohibits federal dollars from being used to procure commercial off-the-shelf drone or covered unmanned aircraft systems from countries identified as posing a national security threat.
- Authorizes the full budget request for the European Deterrence Initiative (EDI) and the Pacific Deterrence Initiative (PDI).
- Establishes the Indo-Pacific Maritime Domain Awareness Initiative, a defense initiative with allies and partners of the United States, including Australia, Japan, and India.
- Underscores the United States’ commitment to the North Atlantic Treaty Organization (NATO) and emphasizes the importance of maintaining a unified response to the Russian Federation’s unjust war in Ukraine. Sen. Warner has been a strong supporter of NATO, which conducts crucial work in Virginia at NATO Allied Command Transformation in Hampton Roads.
- Supports Ukraine in its fight against Russian attacks and aggression byextending the Ukraine Security Assistance Initiative (USAI) through fiscal year 2027 and authorizing the full budget request of $300 million in fiscal year 2024.The USAI is one of the main tools used by the U.S. in support of Ukraine’s defensive needs. This legislation also extends waivers for the streamlined acquisition of defense stocks related to Ukraine and authorizes additional munitions eligible for multiyear procurement contracts.
- Limits or prohibits Department of Defense funding for institutions or researchers that contract with Chinese or Russian institutions that engage in intellectual property theft or are linked to the Chinese or Russian military, or intelligence services.
- Provides support to Taiwan by establishing a comprehensive training, advising, and institutional capacity-building program for the military forces of Taiwan.
Now that both the Senate and the House of Representatives have passed their versions of the annual defense bill, negotiators from both chambers will have to participate in a conference process to negotiate a final bill to send to the President’s desk.
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Virginia Delegation & Local Leaders Outline Why Springfield Remains Best Location for New FBI HQ
Jul 24 2023
WASHINGTON – Members of Virginia’s congressional delegation, Governor Glenn Youngkin, and local leaders are making the case that Springfield remains the best location for the Federal Bureau of Investigation’s (FBI) new headquarters. Even with the General Services Administration’s (GSA) recent announcement of adjusted selection criteria, the lawmakers and local leaders expressed confidence that Springfield continues to perform strongly across each of the five criteria: FBI Proximity to Mission-Related Locations, Transportation Access, Site Development Flexibility and Schedule Risk, Promoting Sustainable Siting and Advancing Equity, and Cost.
In their letter to GSA and FBI, Governor Youngkin, U.S. Sens. Mark R. Warner and Tim Kaine, and U.S. Reps. Gerry Connolly (D-VA-11), Robert C. “Bobby” Scott (D-VA-03), Rob Wittman (R-VA-01), Don Beyer (D-VA-08), Abigail Spanberger (D-VA-07), Jennifer Wexton (D-VA-10), Jen Kiggans (R-VA-02), and Jennifer McClellan (D-VA-04) highlighted Springfield’s proximity to Quantico and other law enforcement and national security assets, the region’s robust transportation network, and ways the site would save money for the federal government and taxpayers because it is already federally-owned. They also explained how selecting the Springfield site would advance equity, support underserved communities, and help address inequities that exist in the region.
“Virginia’s proposal for a consolidated FBI headquarters offers a reliable partnership, exceeding the site selection criteria across all categories. The optimized GSA Springfield site provides superior proximity to law enforcement and national security-related agency assets; an accessible, robust transportation and public transit network; significant site development flexibility as the only federally-owned site under consideration, with a commitment to expediting any permitting and construction processes, and minimizing schedule risk; a proven record of, and strong commitment to advancing equity in local communities and promoting sustainable siting; and a substantial cost benefit, with Virginia’s strong commitment to making this a responsible choice for the taxpayer,” wrote the lawmakers.
In addition to the Virginia congressional delegation letter, the Alexandria NAACP, All Dulles Area Muslim Society (ADAMS) Interfaith & Government Committee, Asian American Chamber of Commerce, Northern Virginia Black Chamber of Commerce, Northern Virginia Hispanic Chamber of Commerce, Northern Virginia Urban League, Prince William NAACP, and Prince William Omega Psi Phi Fraternity sent a separate letter to GSA and FBI outlining how choosing the Springfield site would advance equity across the region. The local leaders wrote, “We fully support the Springfield bid and believe it will have a transformative impact for our communities.”
“Relocating to Springfield also offers the federal government the opportunity to help address inequities that exist in our region, particularly in the Franconia District, where the prospective FBI site is located,” they continued. “Choosing Springfield as the new home for the FBI headquarters will help close the gap and provide economic opportunity to historically disadvantaged and underserved communities.”
In March, Governor Youngkin and members of Virginia’s congressional delegation met with GSA and FBI and held a press conference to make the case that Springfield is the best location for the new FBI headquarters. In February, Governor Youngkin, Senators Warner and Kaine, Representatives Connolly, Beyer, and Spanberger, and local leaders held a press conference in Springfield. In February, members of Virginia’s congressional delegation and Governor Youngkin sent a letter to GSA and FBI laying out the case for the Springfield site.
Full text of the letter sent by Governor Youngkin and members of Virginia’s congressional delegation is available here. Full text of the letter sent by local leaders is available here.
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Statement of U.S. Sens. Mark R. Warner and Tim Kaine on Adjusted Selection Criteria for New FBI Headquarters
Jul 14 2023
WASHINGTON– Today, U.S. Sens. Mark R. Warner and Tim Kaine released the following statement regarding the General Services Administration’s (GSA) announcement of adjusted selection criteria for the Federal Bureau of Investigation’s (FBI) new headquarters:
“The GSA didn’t pluck its initial criteria out of thin air—it spent years talking to experts and carefully deliberating on what is best for the mission of the FBI. While we are concerned that these changes to the criteria will further delay what has already been a drawn-out, decade-long process to select a new site to replace the dilapidated headquarters downtown, we remain confident that Virginia continues to be a home run in every category, and encourage the GSA to draw this process to a close sooner rather than later.”
WASHINGTON – Last week, U.S. Sens. Mark R. Warner, Chairman of the Senate Select Committee on Intelligence, and Tim Kaine (both D-VA), a member of the Senate Armed Services Committee, sent letters to the Air Force, Army, Navy, and to the Department of Defense (DoD) regarding their implementation of privatized housing reforms and tenant protections for servicemembers and their families. After hearing from military families in Virginia about the hazardous and unsafe living conditions in many privatized military housing units that included leaking roofs, mold, and rodents, Sens. Warner and Kaine championed housing reforms, including the “Tenant Bill of Rights” in the Fiscal Year 2020 National Defense Authorization Act (NDAA), and the Senators have continued to push for housing support in subsequent defense bills.
Despite passing legislation to improve these conditions, a recent U.S. Government Accountability Office (GAO) study found that while DoD has made progress in implementing provisions, “gaps in guidance and training remain.” The Senators are urging DoD and each military branch to take a range of steps, including the necessary actions outlined in the report, to ensure that they are meeting their obligations towards servicemembers and properly implementing all necessary reforms. Specifically, the GAO focused on implementation of three reforms in order to give servicemembers and their families more leverage when dealing with unsafe and inadequate living conditions:
- More detailed guidance on the formal dispute resolution process;
- Improved guidance on the role of tenant advocates;
- Better oversight of the condition of private housing units.
The Senators also called on DoD and the services to better incorporate resident feedback into the implementation process of the various protections, in order to inform continued progress and highlight areas for additional reform.
“Having spent years addressing privatized housing concerns from multiple fronts – hearing from families firsthand who are dealing with challenges, and helping them to address those; working with installation leadership to push for greater oversight and accountability for these housing projects; and demanding action from the privatized housing companies – we have been incredibly disturbed by some of the conditions that members of the military and their families have been subjected to,” the Senators wrote.
“The purpose of these reforms and continued Congressional oversight is to provide long-overdue improvement to the experience that military members and their families have with the privatized housing system,” they continued. “It is vital that the protections and reforms that we have put in place are implemented in a way that works for residents, and there must be a continual effort to examine the use of these reforms and processes.”
The letters include a series of questions aimed at better understanding the progress being made in implementation as well as better understanding what is causing certain delays. Among the questions are inquiries about the branches’ process when enacting these reforms as well as questions on what is being done to standardize implementation across the country so that all members of the military have access to, and can utilize, the same protections.
A copy of the letters can be found here.
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Statement of U.S. Sen. Mark R . Warner on the Indian Prime Minister's Address to a Joint Session of Congress
Jun 22 2023
High-Quality Photo Available for Download Here
WASHINGTON — Today U.S. Sen. Mark R. Warner (D-VA), Co-Chair of the Senate India Caucus and Chairman of the Senate Select Committee on Intelligence, issued the following statement following Prime Minister Modi’s address to a joint session of Congress:
“Prime Minister Modi’s address to Congress today emphasized the strong friendship that has been built between our two countries, fostered by a range of close economic ties and shared opportunities. I’m pleased to see President Biden and Prime Minister Modi utilize this visit to continue to deepen the bonds between our countries and expand our cooperation on defense, trade, technology, and innovation. It’s also more important than ever – in the face of rising global authoritarianism – that we respect and reaffirm the shared values that form the foundations of our respective nations, such as democracy, universal human rights, tolerance and pluralism, and equal opportunity for all citizens. As the Co-Chair of the Senate India Caucus, I look forward to this continued partnership because I know that the U.S.-India relationship is one that’s worth investing in.”
Earlier this week, Sen. Warner introduced legislation to streamline the United States’ ability to consider defensive military sales to India under the U.S. Arms Export Control Act (AECA). This legislation would support ongoing security cooperation between the two nations by adding India to a list of counties outlined under the AECA – like Australia, Japan, Israel, New Zealand and South Korea – that have access to an expedited 15-day consideration and a higher financial threshold for deals that trigger Congressional review. He also joined his colleagues in introducing a resolution celebrating the relationship between the U.S. and India.
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WASHINGTON - Today, U.S. Sens. Senators Mark Warner and John Cornyn, Co-Chairs of the Senate India Caucus, along with Bob Menendez (D-N.J.), Chairman of the Senate Foreign Relations Committee, introduced a resolution celebrating U.S.-India relations ahead of this week’s official state visit with the Republic of India.
“It is my honor as Co-Chair of the Senate India Caucus to join the Indian diaspora in Virginia and across the country in welcoming this official state visit by Prime Minister Modi," said Sen. Warner. "This visit will continue the important work of building a strong partnership between our two countries, which has now grown into one of the most consequential relationships for the United States. From strengthening defense relations to increased collaboration in the tech realm, our shared commitment to this relationship is crucial to freedom and prosperity around the globe.”
“As a Co-Chair of the Senate India Caucus, I am glad to welcome Prime Minister Modi to the United States once again,” said Sen. Cornyn. “This historic state visit will help expand our valuable long-term relationship and advance our shared interests, such as ensuring a free and open Indo-Pacific region, strengthening our economic partnership, and increasing our defense trade.”
“I would like to join the vibrant and important Indian-American community in the United States and in my home state of New Jersey in celebrating U.S.-India relations ahead of this week’s official state visit,” said Chairman Menendez. “From our people-to-people and educational exchanges to our collaboration in critical international forums such as the Quadrilateral Security Dialogue (“the Quad”) and the G20, the growing U.S.-India relationship promises a prosperous future for our two nations and the world. This upcoming visit symbolizes the value that we place on this relationship and our mutual commitment to continue to bring our two societies closer together for the sake of promoting global prosperity in the decades to come.”
A copy of the resolution is available here.
Ahead of Visit by PM Modi, Warner, Cornyn Introduce Legislation to Simplify Defense Exports to India
Jun 21 2023
WASHINGTON – Today, ahead of Prime Minister Narendra Modi’s official state visit, U.S. Sens. Mark R. Warner (D-VA) and John Cornyn (R-TX), co-chairs of the Senate India Caucus, introduced legislation that would streamline consideration of defensive military sales to India under the U.S. Arms Export Control Act (AECA), supporting ongoing security cooperation between the two nations.
The AECA outlines requirements for Congress to be notified prior to the finalization of foreign military sales. Under standard consideration, a presidential administration is required to notify Congress 30 calendar days before any deal for defense articles, services, or training above a certain financial threshold becomes final. However, for certain countries outlined under the AECA – like Australia, Japan, Israel, New Zealand and South Korea – the law provides an expedited 15-day consideration period for Congress, and raises the financial threshold for deals that trigger that review. Sens. Warner and Cornyn’s legislation would list India as one of the countries that receives expedited consideration, reflecting the importance of this security relationship, and ultimately supporting more resilient defense supply chains. This legislation does not intend to address membership in any formal alliances, and instead addresses domestic U.S. arms export regulation.
“The relationship between the United States and India is a crucial one,” said Sen. Warner. “Streamlining our nation’s ability to consider defense sales to India will strengthen our defense partnership as well as our supply chains – both of which are crucial as we grapple with threats to a free and open Indo-Pacific region.”
“India’s transition from Russian-made weapons to military equipment made in the U.S. and India is a step towards ensuring this critical ally has the defense capabilities it needs without enriching one of our adversaries,” said Sen. Cornyn. “By increasing investment by U.S. companies and expediting the process of purchasing military equipment, we can remove barriers to U.S.-India cooperation and increase our own national security at the same time. ”
As co-chairs of the India Caucus, protecting and advancing the partnership between the United States and India is a priority for Sens. Warner and Cornyn. The Senators have introduced a version of the legislation as an amendment to the annual National Defense Authorization Act every year since 2019.
A copy of the bill text is available here.
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Statement of U.S. Sen. Mark R. Warner on the End of the COVID-19 Public Health Emergency
May 11 2023
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the statement below on the official end of the nation’s Public Health Emergency (PHE) for COVID-19:
“When COVID-19 hit, Congress acted with force and urgency to save lives and livelihoods, taking actions that were made possible by the Public Health Emergency declaration, which opened the door to a wealth of additional tools and flexibilities. More than three years later, I’m proud to know that our nation has reached a point where we can move beyond the emergency stage of COVID-19 and the corresponding PHE declaration. Now, it’s up to Congress to adopt more permanent policies that reflect the valuable lessons we learned during this crisis, and that allow us to move forward rather than backwards. We must continue to strengthen our public health response capabilities, ensure that health care is affordable and easy to access through robust telehealth options, and improve the security of our southwest border while creating a better functioning asylum process and a reasonable path towards legal status for those who are undocumented. I look forward to working with my colleagues in Congress on these issues.”
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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, and Sens. John Cornyn (R-TX), Ron Wyden (D-OR) and Jerry Moran (R-KS) today announced bipartisan legislation to reform the security classification system in order to reduce overclassification, prevent mishandling of classified information, promote better use of intelligence, and enhance public trust.
“The government systematically overclassifies too much information, at a dangerous cost to both the nation’s security and the public trust. At the same time, we too often fail to protect the nation’s most important secrets. As chairman of the Senate Intelligence Committee, I think it is clear that our security classification system is badly in need of change,” said Sen. Warner. “Given the explosion in digital records, the status quo is no longer tenable. We’ve got too many people with access to a system that is devoid of accountability and has grown increasingly byzantine, bureaucratic, and outmoded. We need to protect our national security secrets, and then declassify those secrets when protections are no longer necessary. It’s time for Congress to take action and establish accountability.”
“Controlling access to sensitive information enables the U.S. to remain at least one step ahead of its adversaries, but declassification gives us the opportunity to work with our allies around the world and show the American people what their government is doing,” said Sen. Cornyn. “These bills would modernize the process for classification, ensure the safety and security of what should be classified, and make the declassification process more efficient as we seek to strike the delicate balance between transparency and secrecy.”
“Public access to government information is vital to a democratic society. Yet, as has been the case for many years, far too many records are classified. And, because of obsolete technology, far too few of those records ever see the light of day, even after they no longer meet the requirements for classification. One necessary step in addressing this crisis is to put someone in charge of modernizing the system so that records are tracked and then declassified and released when appropriate,” Sen. Wyden said. “This legislation accomplishes that goal by designating the DNI as the Executive Agent for Classification and Declassification, a reform that Senator Moran and I have been pushing for years. It is also critical that the rules that govern declassification of records be updated and strengthened and that the entities responsible for oversight of the system be empowered.”
“In the digital age, our classification system is absorbing a flood of new, critical information,” said Sen. Moran. “When it comes to declassifying documents, our current analog declassification process is about as effective as using an eye dropper to drain a flood. These deficiencies undermine our national security, and a backlog of unnecessary classified material is harming our ability to protect what should be secret from our enemies. We are long overdue for an overhaul that begins with an up-to-date declassification system in order to better secure our national secrets, and it begins with the legislation introduced today.”
The Classification Reform Act of 2023 will undertake significant reforms to the classification process. Among other steps, it will establish a new system of governance and accountability for the security classification system. It also provides that information may only be or remain classified where the harm to national security reasonably expected from disclosure outweighs the public interest. The legislation sets the maximum period for classification at 25 years, allowing only agency heads or the president to extend classification protections beyond that duration. In addition, the legislation also takes several other substantive steps to improve security while expanding transparency, including by establishing minimum standards for executive branch insider threat programs and mandating a security review of presidential and vice presidential records to ensure that records bearing classification markings are not improperly categorized as personal records and removed from secure facilities. In addition to Sens. Warner, Cornyn, Wyden and Moran, the legislation is co-sponsored by Sens. Angus King (I-ME), Mike Rounds (R-SD), Martin Heinrich (D-NM), Michael Bennet (D-CO), and Bob Casey (D-PA).
In addition, the Sensible Classification Act of 2023 will codify classification authority, streamline the processes for declassification, dedicate additional resources to the issue of declassification, invest in new technology to assist with classification reviews, and undertake an evaluation of existing security clearances and their justifications to identify potential areas for additional reforms. In addition to Sens. Warner, Cornyn, Wyden and Moran, the legislation is co-sponsored by Sens. Susan Collins (R-ME), Angus King (I-ME), Mike Rounds (R-SD), Martin Heinrich (D-NM), and Bob Casey (D-PA).
A one-pager is available here.
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WASHINGTON – As violence between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) continues for a third week, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), joined by Sens. Ben Cardin (D-MD), Chris Van Hollen (D-MD), Jeanne Shaheen (D-NH), Jeff Merkley (D-OR), Catherine Cortez Masto (D-NV), John Hickenlooper (D-CO), Amy Klobuchar (D-MN), Richard Blumenthal (D-CT) and Michael Bennet (D-CO), have formally requested that the Biden administration offer all available support for humanitarian efforts in the region. The worsening conditions in Sudan have resulted in hundreds of civilian deaths and have forced hundreds of thousands to flee in search of safety.
In a letter to Secretary of State Antony Blinken and U.S. Agency for International Development (USAID) Administrator Samantha Power, the senators highlighted the continued and indiscriminate violence, which has significantly worsened the humanitarian situation, and disrupted aid operations on the ground. According to the United Nations, even prior to the recent outbreak in violence nearly 16 million people in Sudan were estimated to be in need of humanitarian assistance.
“As the violence has escalated, its impact has been far reaching across all sectors of society. Damage to critical civilian infrastructure, including transportation and communication infrastructure, has limited the ability of people and basic goods to move throughout the country; damage to hospitals, depleted resources, and broken medical supply chains have largely degraded the nation’s health care capacity; and continued conflict has left significant portions of the population sheltering in their homes, with dwindling or exhausted supplies of food, water, and medicine,” the senators wrote. “As the UN’s top humanitarian affairs official said this week, ‘the humanitarian situation is reaching [a] breaking point.’ Unfortunately, this conflict has also deteriorated the flow and delivery of humanitarian assistance into Sudan, and aid groups’ ability to operate on the ground.”
Noting the indiscriminate violence and reported gross violations of international humanitarian law, the senators echoed calls for the parties to the conflict to ensure safe access and movement for humanitarian workers and medical personnel. They requested that the U.S. designate a senior diplomat or envoy to ensure that securing these humanitarian assurances remains a priority in direct negotiations, and that we engage with neighboring countries to help address the cross-border challenges seen from mass movement out of Sudan. Additionally, they voiced support for USAID and State Department efforts to support aid organizations in returning to Sudan quickly and safely, leverage local humanitarian organizations as part of the ongoing response to the violence, and engage with international partners as part of the U.S. response strategy.
The senators continued, “[A]s aid organizations work to reestablish operations, it is vital that the U.S. State Department and USAID provide all available support to facilitate ongoing aid operations on the ground, and support a resumption of efforts – whether in Sudan or in neighboring countries – that have been suspended due to the violence. In response to the significant need, and in part to fill in as international organizations have been forced to suspend their operations, a range of local and national Sudanese organizations have stepped forward to provide capacity. We encourage you to use flexibility in supporting these local efforts, in order to best leverage them alongside international efforts.”
Sens. Warner and Kaine, a member of the Senate Foreign Relations Committee (SFRC), have been vocal about their support for aid efforts in Sudan and for the Sudanese diaspora in the United States, which in 2021 totaled more than 54,000 immigrants from Sudan, with the highest concentration located in Fairfax County, VA. Earlier this week, the senators called on the Biden administration to issue a new Temporary Protected Status (TPS) designation for Sudan, which would provide relief from deportation and access to a work permit for foreign nationals from the country currently in the United States.
A copy of the letter can be found here and below.
Dear Secretary Blinken and Administrator Power,
We write with deep concern regarding the horrific violence in Sudan, and its impact on the rapidly declining humanitarian situation on the ground. Now in its third week, the conflict between the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF) has left hundreds dead, thousands more injured, and has forced hundreds of thousands of individuals to flee to neighboring regions and countries.
As the violence has severely disrupted humanitarian assistance on the ground – including by forcing some organizations to withdraw or suspend their efforts – we urge that you offer all available support to resume aid operations, take steps to reposition aid resources to reflect the current security environment, leverage local organizations as part of an ongoing response strategy, and continue efforts to marshal an international response.
Direct negotiations facilitated by the United States are critical to the reestablishment of a robust international aid response, and we urge that assurances for immediate and safe aid operations be made a primary focus of those negotiations.
We are deeply grateful for the U.S. Government’s efforts in evacuating U.S. Embassy personnel, and American citizens from Sudan. However, the recent conflict has hit areas like Khartoum and Darfur particularly hard, and it tragically exacerbates the existing crisis and humanitarian need across the country. According to the United Nations (UN), even prior to the recent outbreak in violence nearly 16 million people were estimated to be in need of humanitarian assistance – a figure that represents close to a third of the total population in Sudan. Even prior to the start of the conflict, the crisis was already acute – more than 4 million children and pregnant and lactating women are counted as being “severely malnourished.”
As the violence has escalated, its impact has been far reaching across all sectors of society. Damage to critical civilian infrastructure, including transportation and communication infrastructure, has limited the ability of people and basic goods to move throughout the country; damage to hospitals, depleted resources, and broken medical supply chains have largely degraded the nation’s health care capacity; and continued conflict has left significant portions of the population sheltering in their homes, with dwindling or exhausted supplies of food, water, and medicine. As the UN’s top humanitarian affairs official said this week, “the humanitarian situation is reaching [a] breaking point.”
Unfortunately, this conflict has also deteriorated the flow and delivery of humanitarian assistance into Sudan, and aid groups’ ability to operate on the ground. The men and women who work for the U.S. State Department and U.S. Agency for International Development (USAID), as well as those employed by international relief organizations, have committed themselves to careers seeking to alleviate suffering around the world, oftentimes carrying out this mission in harm’s way. Tragically, in the first two weeks of fighting at least five international aid workers had been killed, and there have been broader threats targeting aid personnel and supplies.
To be clear, the blame for the disruptions to aid and casualties lie with the warring parties. Reported gross violations of international humanitarian law have greatly impacted the safety of aid personnel, and directly contribute to the suffering of the Sudanese people. We echo international calls for the parties to the conflict to ensure safe access and movement for humanitarian workers and medical personnel, and to allow for steady streams of aid into and throughout the country.
In response to the dire humanitarian need, the reestablishment of these aid flows is critical. We understand that organizations are looking at how to best reposition and recalibrate support in light of the serious security risks. We appreciate the direct efforts that the U.S. Government has initiated to support humanitarian assistance, including USAID’s activation of a Disaster Assistance Response Team (DART) on April 23, and we urge you to take steps to safely reposition and pre-position resources so that they can best be utilized on the ground as soon as possible.
Additionally, as aid organizations work to reestablish operations, it is vital that the U.S. State Department and USAID provide all available support to facilitate ongoing aid operations on the ground, and support a resumption of efforts – whether in Sudan or in neighboring countries – that have been suspended due to the violence. In response to the significant need, and in part to fill in as international organizations have been forced to suspend their operations, a range of local and national Sudanese organizations have stepped forward to provide capacity. We encourage you to use flexibility in supporting these local efforts, in order to best leverage them alongside international efforts.
In an alarming estimate earlier this week, the UN projected that the ongoing conflict may drive more than 860,000 individuals to flee from Sudan into neighboring countries. We have already seen significant levels of migration out of Sudan over the past three weeks, which at many points has overwhelmed border capacity, thereby creating additional humanitarian concerns at these crossings. We welcome U.S. efforts to engage these neighboring countries and the UN to increase border capacity, ensure UN and international non-governmental organizations (INGO) access to these border crossings, provide additional aid along these routes, and scale up planning efforts to account for significant anticipated volume.
It is critical that negotiations involving a ceasefire between the warring parties prioritize the immediate creation of safe and durable humanitarian access to those in need. Additionally, we urge the deployment of an appointed special envoy or other senior diplomat to the region to engage directly with neighboring countries to ensure the free movement of individuals seeking safety out of Sudan, and that UN and INGOs are able to provide needed assistance in these border efforts.
It is vital that the U.S. continue its diplomatic engagement to push for a durable cessation of violence, in partnership with the African Union, and other regional and international partners. This cessation ultimately is the only path towards ensuring that urgent humanitarian needs on the ground are met. It must, however, also be accompanied by a concerted international effort, which fully resources the work done by aid organizations.
We have listened to concerns about what this ongoing violence means for individuals’ loved ones in Sudan, and for the country’s future. We support and encourage all efforts by the U.S. Government to be a forward-leaning and strong partner in the international aid response to this crisis in Sudan. Finally, we request regular updates and briefings from the State Department and USAID on the delivery of humanitarian aid for civilians in Sudan, and from the State Department on the evacuation of American citizens.
Sincerely,
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WASHINGTON – With violence erupting across the country, resulting in hundreds of civilian deaths and forcing hundreds of thousands to flee in search of safety, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today formally requested that the Biden administration issue a new Temporary Protected Status (TPS) designation for Sudan.
In a letter to Secretary of Homeland Security Alejandro Mayorkas and Secretary of State Antony Blinken, the senators expressed their concern with the worsening humanitarian conditions in Sudan as intense fighting continues across the country despite multiple attempted ceasefires.
“In recent weeks, violence in Sudan has claimed hundreds of lives, injured thousands, forcibly displaced tens of thousands, and terrorized many more,” the senators wrote. “Despite multiple attempted ceasefires between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), intense and indiscriminate fighting continues across the country, including within the densely populated capital of Khartoum, and in the continuously conflict-stricken region of Darfur. Ongoing hostilities have led to the near collapse of the healthcare system, significantly disrupted the flow of humanitarian aid into the country, and in many cases made access to basic resources like food, water, and medication impossible.”
Established by the U.S. Congress through the Immigration Act of 1990, TPS is a temporary, renewable program that provides relief from deportation and access to a work permit for foreign nationals from certain countries who are unable to return safely to their home country due to natural disasters, armed conflicts, or other extraordinary conditions. There are more than 54,000 immigrants from Sudan in the United States as of 2021, according to data, with the highest concentration located in Fairfax County, VA.
The senators continued, “Given the extremely violent clashes, deteriorating conditions, and the posture of the Department of State, it is clear that Sudan meets the standards for TPS. To that end, it is critical that a new designation be issued for Sudan that reflects the ongoing armed conflict and the continued extraordinary and temporary conditions on the ground.”
Last week Sen. Warner expressed his support for the steps the Biden administration has taken to deliver humanitarian assistance to the region and push for an end to the violence through diplomatic efforts. Sen. Kaine, a member of the Senate Foreign Relations Committee (SFRC), has been pushing for the administration to ensure the safety and security of U.S. citizens in Sudan and urging both sides to commit to a permanent ceasefire. Last week, he held an event in Richmond with members of Virginia’s Sudanese American community to hear their perspectives on the conflict and discuss ways he can be helpful. Sens. Warner and Kaine have been longtime supporters of the TPS program for regions facing instability, most recently joining 116 of their colleagues in a letter, led by Sen. Kaine and Rep. Castro, to the Biden administration requesting the redesignation of TPS for El Salvador and Honduras and celebrating the Biden administration’s decision to issue a Temporary Protected Status designation for Cameroon during a period of unrelenting violence.
A copy of the letter can be found here and below.
Dear Secretary Mayorkas and Secretary Blinken:
We urge you to issue a new Temporary Protected Status (TPS) designation for Sudan, as the current armed conflict between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) has led to a mass exodus of individuals fleeing violence, scarcity of essential goods, and rapidly deteriorating health services. A new designation would protect current Sudanese TPS holders from returning to Sudan in the midst of this violence and would offer protected status to Sudanese nationals who arrived after March 1, 2022.
In recent weeks, violence in Sudan has claimed hundreds of lives, injured thousands, forcibly displaced tens of thousands, and terrorized many more. Despite multiple attempted ceasefires between the SAF and the RSF, intense and indiscriminate fighting continues across the country, including within the densely populated capital of Khartoum, and in the continuously conflict-stricken region of Darfur. Ongoing hostilities have led to the near collapse of the healthcare system, significantly disrupted the flow of humanitarian aid into the country, and in many cases made access to basic resources like food, water, and medication impossible.
Due to the continued threat of armed conflict, on April 22, 2023, the U.S Department of State issued a Level 4: Do Not Travel advisory and ordered the departure of Embassy employees. This is part of a broader effort by the U.S., in coordination with regional and international partners, to evacuate U.S. nationals from Khartoum and allow for a safe path into neighboring countries. Given the extremely violent clashes, deteriorating conditions, and the posture of the Department of State, it is clear that Sudan meets the standards for TPS. To that end, it is critical that a new designation be issued for Sudan that reflects the ongoing armed conflict and the continued extraordinary and temporary conditions on the ground.
It is important to note that, while the situation is rapidly changing, the threat will not subside immediately once the conflict stops. Lasting damage has been done to Sudan’s telecommunications networks, electrical infrastructure, and transportation systems, including to Khartoum International Airport, making international travel extremely difficult.
Redesignating Sudan’s TPS status would also provide much needed clarity for current Sudanese TPS holders and would offer protection for Sudanese individuals who entered the U.S. more recently. As you know, Sudanese nationals living in the United States can currently apply for TPS under the April 2022 designation, which expires on October 19, 2023. TPS holders under the 2013 designation are facing an uncertain future due to ongoing litigation. The expiration date of TPS documentation under the 2013 designation is contingent on the outcome of the Ramos v. Nielsen case – a lawsuit determining the legality of the Trump Administration’s termination of Sudan’s 2013 designation – which could potentially remove status for TPS holders who have not applied under the 2022 designation.
Additionally, while TPS holders registered under the 2022 designation are exempt from the ongoing litigation, their protection expires in October. Further, there is currently no recourse for Sudanese nationals who have arrived in the U.S. after March 2022. This uncertainty and the continued dangerous circumstances in Sudan have created considerable hardship for TPS recipients and their families, including American-born children.
A new TPS designation for Sudan would protect eligible beneficiaries from the dangers they face if they were removed and would provide protection for newer arrivals. In light of these considerations, we strongly urge you to redesignate TPS for Sudan to ensure that Sudanese nationals already living in the U.S. are not forced to return to a nation facing violence and instability.
Thank you for your consideration of this important matter.
Sincerely,
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U.S. Sen. Mark R. Warner issued the following statement in regard to the ongoing violence in Sudan:
"It has been tragic to see the violence that has gripped Sudan – violence that has so far left hundreds dead, thousands injured, tens of thousands forcibly displaced from their homes, and so many more terrorized by indiscriminate conflict. My team has heard from many who have shared concerns for family and loved ones back in Sudan, some desperately looking for the opportunity to leave safely.
"We continue to stay in close and regular communication with the Biden administration regarding the situation in Sudan. I fully support steps the administration has taken to deliver humanitarian assistance, as the recent events exacerbate already dire conditions on the ground, and I strongly back continued diplomatic efforts by the U.S., the African Union, and other international partners pressing for a durable cessation of the violence."
CLICK HERE TO DOWNLOAD BROADCAST-QUALITY VIDEO OF SEN. WARNER SPEAKING ON THE FLOOR
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), chairman of the Senate Select Committee on Intelligence, released the following statement after the Senate voted to repeal the 1991 and 2002 authorizations for use of military force (AUMFs) against Iraq:
“It’s long past time that Congress re-assert its authority to responsibly wield the power to declare war, and I’m proud to support repealing the outdated authorizations for use of military force against Iraq.
“That we have reached this moment at all is thanks largely to the determined leadership of my friend and colleague Tim Kaine. Over years of steady, relentless focus, he has been a consistent and, at times lonely, voice of clarity calling for Congress to pay attention to its constitutional prerogatives, and through will and hard work, he and Sen. Young have corralled the bipartisan coalition that made today’s vote possible. Tim’s staunch stewardship of this legislation is a credit to his unwavering commitment to our troops and honoring the many sacrifices we ask of them in defense of our freedoms.”
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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and John Thune (R-SD), lead sponsors of the RESTRICT Act, legislation that will comprehensively address the ongoing threat posed by technology from foreign adversaries, released a statement in response to TikTok CEO Shou Zi Chew’s testimony today before the House Energy and Commerce Committee:
“Under PRC law, all Chinese companies, including TikTok, whose parent company is based in Beijing, are ultimately required to do the bidding of Chinese intelligence services, should they be called upon to do so. Nothing we heard from Mr. Chew today assuaged those concerns. It is vital for Congress to establish a process to review and mitigate the harms posed by foreign technology products that come from places like China and Russia. We are encouraged by the quick momentum and strong bipartisan support for our legislation and expect that it will only grow following today’s testimony.”
Sen. Warner, Chairman of the Senate Select Committee on Intelligence, and Sen. Thune, ranking member of the Commerce Committee’s Subcommittee on Communications, Media and Broadband, recently introduced the RESTRICT Act along with a bipartisan coalition of co-sponsors, including U.S. Sens. Tammy Baldwin (D-WI), Deb Fischer (R-NE), Joe Manchin (D-WV), Jerry Moran (R-KS), Michael Bennet (D-CO), Dan Sullivan (R-AK), Kirsten Gillibrand (D-NY), Susan Collins (R-ME), Martin Heinrich (D-NM), Mitt Romney (R-UT), Ben Ray Lujan (D-NM), Shelley Moore Capito (R-WV), Tim Kaine (D-VA), Kevin Cramer (R-ND), Richard Blumenthal (D-CT), Chuck Grassley (R-IA), John Hickenlooper (D-CO), and Thom Tillis (R-NC).
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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, released the following statement ahead of TikTok CEO Shou Zi Chew’s testimony before the House Energy and Commerce Committee tomorrow:
“While I appreciate Mr. Chew’s willingness to answer questions before Congress, TikTok’s lack of transparency, repeated obfuscations, and misstatements of fact have severely undermined the credibility of any statements by TikTok employees, including Mr. Chew. Congress needs to give the administration the tools to review and mitigate the harms posed by foreign technology products that come from adversarial nations. I’m proud to say that 20 senators have already signed on to the RESTRICT Act, our bipartisan legislation that would do just that.”
Sen. Warner recently introduced the RESTRICT Act along with Sen. John Thune (R-SD) to address the threat posed by the use of technology, like TikTok, from foreign adversaries. The legislation is co-sponsored by U.S. Sens. Tammy Baldwin (D-WI), Deb Fischer (R-NE), Joe Manchin (D-WV), Jerry Moran (R-KS), Michael Bennet (D-CO), Dan Sullivan (R-AK), Kirsten Gillibrand (D-NY), Susan Collins (R-ME), Martin Heinrich (D-NM), Mitt Romney (R-UT), Ben Ray Lujan (D-NM), Shelley Moore Capito (R-WV), Tim Kaine (D-VA), Kevin Cramer (R-ND), Richard Blumenthal (D-CT), Chuck Grassley (R-IA), John Hickenlooper (D-CO), and Thom Tillis (R-NC).
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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, and John Thune (R-SD), ranking member of the Commerce Committee’s Subcommittee on Communications, Media and Broadband, announced six new bipartisan co-sponsors for the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, legislation that will comprehensively address the ongoing threat posed by technology from foreign adversaries by better empowering the Department of Commerce to review, prevent, and mitigate information communications and technology transactions that pose undue risk to our national security.
U.S. Sens. Ben Ray Lujan (D-NM), Shelley Moore Capito (R-WV), Tim Kaine (D-VA), Kevin Cramer (R-ND), Richard Blumenthal (D-CT), and Chuck Grassley (R-IA) have signed on to the bill in the last week. This announcement brings the total number of cosponsors to 18 – nine Democrats and nine Republicans. The legislation has also been endorsed by the White House.
“We are pleased by the growing support for our sensible, bipartisan bill to establish a comprehensive, risk-based approach to tackle technology threats from countries like China and Russia,” said Sens. Warner and Thune.
The Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act would:
- Require the Secretary of Commerce to establish procedures to identify, deter, disrupt, prevent, prohibit, and mitigate transactions involving information and communications technology products in which any foreign adversary has any interest and poses undue or unacceptable risk to national security;
- Prioritize evaluation of information communications and technology products used in critical infrastructure, integral to telecommunications products, or pertaining to a range of defined emerging, foundational, and disruptive technologies with serious national security implications;
- Ensure comprehensive actions to address risks of untrusted foreign information communications and technology products by requiring the Secretary to take up consideration of concerning activity identified by other government entities;
- Educate the public and business community about the threat by requiring the Secretary of Commerce to coordinate with the Director of National Intelligence to provide declassified information on how transactions denied or otherwise mitigated posed undue or unacceptable risk.
“The technology challenges that we face require a strong approach to protect Americans online from our foreign adversaries,” said Sen. Luján. “I’m proud to co-sponsor the bipartisan RESTRICT Act to improve the federal government’s capabilities to address growing technology threats to our national security.”
“Beyond the piecemeal attempts we have seen in the past, the RESTRICT Act provides a holistic approach to dealing with current and emerging technologies emanating from our foreign adversaries that pose an undue risk to the national security of our country. I was proud to join my colleagues on Day One of this legislation, which establishes a clear plan to address these risks and threats,” Sen. Capito said.
“As a member of the Senate Armed Services and Foreign Relations Committees, America’s national security is one of my top priorities,” said Sen. Kaine. “That’s why I’m proud to cosponsor the RESTRICT Act. This comprehensive legislation would help address 21st century technological threats posed by foreign adversaries, who may seek to manipulate Americans’ personal data, or track U.S. military personnel, assets, or their families, among other dangerous steps. There is bipartisan agreement on the need to counter these threats and it’s time to turn that agreement into action.”
“Digital security is national security, and much like foreign purchases of land in the U.S., we ought to carefully scrutinize the technology products we use daily and store our personal data. This bill will establish a process to quickly identify and respond to foreign technology while making the public aware of the real threats they face,” said Sen. Cramer.
“The risks are unacceptable—foreign powers exploiting tech platforms like TikTok and Huawei to undercut our national security must be stopped,” said Sen. Blumenthal. “The reasons for passing the RESTRICT Act are real and urgent—preventing espionage and privacy invasion. This bipartisan measure should command broad support.”
A two-page summary of the bill is available here. A copy of the bill text is available here.
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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, and Marsha Blackburn (R-TN) led a bipartisan group of senators in urging the Cybersecurity and Infrastructure Security Agency (CISA) to reevaluate the risks associated with the use of drones manufactured by Shenzhen DJI Innovation Technology Co., Ltd. (DJI), a company with deep ties to the Chinese Communist Party (CCP).
In 2022, DJI was officially identified as a “Chinese military company” by the Department of Defense following several warnings about its risks, including a 2017 intelligence bulletin warning that DJI was likely providing sensitive U.S. infrastructure and law enforcement data to the Chinese government. Despite this action, the use of DJI drones remains common throughout the country. In 2021, it was reported that DJI controlled almost 90% of the consumer drone market in North America and over 70% of the industrial market. And in 2019, it was reported that 73% of public safety organizations are flying the company’s aircrafts.
“[T]he widespread use of DJI drones to inspect critical infrastructure allows the CCP to develop a richly detailed, regularly updated picture of our nation’s pipelines, railways, power generation facilities, and waterways,” the senators wrote in a letter to CISA Director Jen Easterly. “This sensitive information on the layout, operation, and maintenance of U.S. critical infrastructure could better enable targeting efforts in the event of conflict.”
CISA has previously taken action to warn against the purchase and use of DJI aircrafts. In 2019, CISA published an “industry alert” underscoring the federal government’s “strong concerns” with Chinese drones and warning entities to be “cautious” in purchasing them. However, since this alert more information regarding the severity of the threat has come to light, and the senators are asking for a complete analysis of the security risks posed by DJI drones to be conducted and made publicly available.
In addition to Sens. Warner and Blackburn, the letter was signed by Sens. Richard Blumenthal (D-CT), John Thune (R-SD) Jeanne Shaheen (D-NH), Rick Scott (R-FL), Kyrsten Sinema (I-AZ), Todd Young (R-IN), JD Vance (R-OH), Ted Budd (R-NC), Dan Sullivan (R-AK), Deb Fischer (R-NE), Mike Braun (R-IN), Cynthia Lummis (R-WY), Tommy Tuberville (R-AL), and Jerry Moran (R-KS).
Sen. Warner is a strong supporter of the domestic production of unmanned systems, including driverless cars, drones, and unmanned maritime vehicles. Earlier this year, he introduced the Increasing Competitiveness for American Drones Act, legislation that will clear the way for drones to be used for commercial transport of goods across the country. As Chairman of the Senate Intelligence Committee, he has led efforts in Congress to shore up U.S. national and cybersecurity against hostile foreign governments through unmanned air systems. Last month, Sen. Warner introduced legislation to prohibit the federal government from purchasing drones manufactured in countries identified as national security threats, such as the People’s Republic of China.
A copy of the letter can be found here and below.
Dear Director Easterly:
We write today regarding the cybersecurity risks posed by the widespread use of drones manufactured by Shenzhen DJI Innovation Technology Co., Ltd. (“DJI”) to operators of critical infrastructure and state and local law enforcement in the United States. In short, we believe that given the company’s identified connections to the Chinese Communist Party (“CCP”), the use of its drones in such sensitive contexts may present an unacceptable security vulnerability. We ask that the Cybersecurity and Infrastructure Security Agency (“CISA”) evaluate this concern and make the results of its evaluation available to the public through the National Cyber Awareness System.
China’s efforts to modernize the capabilities of the People’s Liberation Army (“PLA”), including through their “Military-Civil Fusion” strategy – which systematically blurs the lines between PLA and civilian science and technology research and development efforts – are well documented. In October 2022, the Department of Defense identified DJI as a “Chinese military company” operating in the U.S. under Section 1260H of the William M. (“Mac”) Thornberry National Defense Authorization Act for Fiscal Year 2021. Identification of this relationship between DJI and the PLA suggests a range of risks to U.S. operators of the technology, including that sensitive information or data could wind up in PLA hands. Indeed, Huawei, another entity identified under Section 1260H, has been credibly accused by the Department of Justice of misappropriating intellectual property and trade secret information from U.S. companies.
Yet, despite these risks, the use of DJI drones remains widespread throughout the U.S. In 2021, it was reported that DJI controlled almost 90% of the consumer market in North America and over 70% of the industrial market. And in 2019, it was reported that 73% of public safety operations are flown by the company’s aircraft. As a result, the CCP may have access to a variety of proprietary information. For example, a 2017 Department of Homeland Security assessment warned that Chinese companies had used grape production information gathered by a DJI drone purchased by a California wine producer to inform their own land purchasing decisions. Even worse, the widespread use of DJI drones to inspect critical infrastructure allows the CCP to develop a richly detailed, regularly updated picture of our nation’s pipelines, railways, power generation facilities, and waterways. This sensitive information on the layout, operation, and maintenance of U.S. critical infrastructure could better enable targeting efforts in the event of conflict.
We appreciate that CISA has addressed this risk in the past, most notably in a 2019 “Industry Alert,” stating the federal government’s “strong concerns” with Chinese drones and warning entities to be “cautious” in purchasing them. However, over the past four years more information regarding the scope of the problem has become available—including the official identification of DJI as a Chinese military company by the Department of Defense.
We therefore ask that CISA revisit its analysis of the security risks posed by the use of DJI-manufactured drones and release the results of that analysis publicly through the National Cyber Awareness System.
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Senators Introduce Bipartisan Bill to Tackle National Security Threats from Foreign Tech
Mar 07 2023
WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, and John Thune (R-SD), ranking member of the Commerce Committee’s Subcommittee on Communications, Media and Broadband, led a group of 12 bipartisan senators to introduce the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, legislation that will comprehensively address the ongoing threat posed by technology from foreign adversaries by better empowering the Department of Commerce to review, prevent, and mitigate information communications and technology transactions that pose undue risk to our national security.
“Today, the threat that everyone is talking about is TikTok, and how it could enable surveillance by the Chinese Communist Party, or facilitate the spread of malign influence campaigns in the U.S. Before TikTok, however, it was Huawei and ZTE, which threatened our nation’s telecommunications networks. And before that, it was Russia’s Kaspersky Lab, which threatened the security of government and corporate devices,” said Sen. Warner. “We need a comprehensive, risk-based approach that proactively tackles sources of potentially dangerous technology before they gain a foothold in America, so we aren’t playing Whac-A-Mole and scrambling to catch up once they’re already ubiquitous.”
“Congress needs to stop taking a piecemeal approach when it comes to technology from adversarial nations that pose national security risks,” said Sen. Thune. “Our country needs a process in place to address these risks, which is why I’m pleased to work with Senator Warner to establish a holistic, methodical approach to address the threats posed by technology platforms – like TikTok – from foreign adversaries. This bipartisan legislation would take a necessary step to ensure consumers’ information and our communications technology infrastructure is secure.”
The RESTRICT Act establishes a risk-based process, tailored to the rapidly changing technology and threat environment, by directing the Department of Commerce to identify and mitigate foreign threats to information and communications technology products and services.
In addition to Sens. Warner and Thune, the legislation is co-sponsored by Sens. Tammy Baldwin (D-WI), Deb Fischer (R-NE), Joe Manchin (D-WV), Jerry Moran (R-KS), Michael Bennet (D-CO), Dan Sullivan (R-AK), Kirsten Gillibrand (D-NY), Susan Collins (R-ME), Martin Heinrich (D-NM), and Mitt Romney (R-UT).
The Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act would:
- Require the Secretary of Commerce to establish procedures to identify, deter, disrupt, prevent, prohibit, and mitigate transactions involving information and communications technology products in which any foreign adversary has any interest and poses undue or unacceptable risk to national security;
- Prioritize evaluation of information communications and technology products used in critical infrastructure, integral to telecommunications products, or pertaining to a range of defined emerging, foundational, and disruptive technologies with serious national security implications;
- Ensure comprehensive actions to address risks of untrusted foreign information communications and technology products by requiring the Secretary to take up consideration of concerning activity identified by other government entities;
- Educate the public and business community about the threat by requiring the Secretary of Commerce to coordinate with the Director of National Intelligence to provide declassified information on how transactions denied or otherwise mitigated posed undue or unacceptable risk.
“We need to protect Americans’ data and keep our country safe against today and tomorrow’s threats. While many of these foreign-owned technology products and social media platforms like TikTok are extremely popular, we also know these products can pose a grave danger to Wisconsin’s users and threaten our national security,” said Sen. Baldwin. “This bipartisan legislation will empower us to respond to our fast-changing environment – giving the United States the tools it needs to assess and act on current and future threats that foreign-owned technologies pose to Wisconsinites and our national security.”
“There are a host of dangerous technology platforms – including TikTok – that can be manipulated by China and other foreign adversaries to threaten U.S. national security and abuse Americans’ personal data. I’m proud to join Senator Warner in introducing bipartisan legislation that would put an end to disjointed interagency responses and strengthen the federal government’s ability to counter these digital threats,” said Sen. Fischer.
“Over the past several years, foreign adversaries of the United States have encroached on American markets through technology products that steal sensitive location and identifying information of U.S. citizens, including social media platforms like TikTok. This dangerous new internet infrastructure poses serious risks to our nation’s economic and national security,” said Sen. Manchin. “I’m proud to introduce the bipartisan RESTRICT ACT, which will empower the Department of Commerce to adopt a comprehensive approach to evaluating and mitigating these threats posed by technology products. As Chairman of the Senate Armed Services Subcommittee on Cybersecurity, I will continue working with my colleagues on both sides of the aisle to get this critical legislation across the finish line.”
“Foreign adversaries are increasingly using products and services to collect information on American citizens, posing a threat to our national security,” said Sen. Moran. “This legislation would give the Department of Commerce the authority to help prevent adversarial governments from introducing harmful products and services in the U.S., providing us the long-term tools necessary to combat the infiltration of our information and communications systems. The government needs to be vigilant against these threats, but a comprehensive data privacy law is needed to ensure Americans are able to control who accesses their data and for what purpose.”
“We shouldn’t let any company subject to the Chinese Communist Party’s dictates collect data on a third of our population – and while TikTok is just the latest example, it won’t be the last. The federal government can’t continue to address new foreign technology from adversarial nations in a one-off manner; we need a strategic, enduring mechanism to protect Americans and our national security. I look forward to working in a bipartisan way with my colleagues on the Senate Select Intelligence Committee to send this bill to the floor,” said Sen. Bennet.
“Our modern economy, communication networks, and military rely on a range of information communication technologies. Unfortunately, some of these technology products pose a serious risk to our national security,” said Sen. Gillibrand. “The RESTRICT Act will address this risk by empowering the Secretary of Commerce to carefully evaluate these products and ensure that they do not endanger our critical infrastructure or undermine our democratic processes.”
“China’s brazen incursion of our airspace with a sophisticated spy balloon was only the most recent and highly visible example of its aggressive surveillance that has targeted our country for years. Through hardware exports, malicious software, and other clandestine means, China has sought to steal information in an attempt to gain a military and economic edge,” said Sen. Collins. “Rather than taking a piecemeal approach to these hostile acts and reacting to each threat individually, our legislation would create a wholistic, government-wide response to proactively defend against surveillance attempts by China and other adversaries. This will directly improve our national security as well as safeguard Americans’ personal information and our nation’s vital intellectual property.”
"Cybersecurity is one of the most serious economic and national security challenges we face as a nation. The future of conflict is moving further away from the battlefield and closer to the devices and the networks everyone increasingly depends on. We need a systemic approach to addressing potential threats posed by technology from foreign adversaries. This bill provides that approach by authorizing the Administration to review and restrict apps and services that pose a risk to Americans’ data security. I will continue to push for technology defenses that the American people want and deserve to keep our country both safe and free,” said Sen. Heinrich.
“The Chinese Communist Party is engaged in a multi-generational, multi-faceted, and systematic campaign to replace the United States as the world’s superpower. One tool at its disposal—the ability to force social media companies headquartered in China, like TikTok’s parent company, to hand over the data it collects on users,” said Sen. Romney. “Our adversaries—countries like China, Russia, Iran—are increasingly using technology products to spy on Americans and discover vulnerabilities in our communications infrastructure, which can then be exploited. The United States must take stronger action to safeguard our national security against the threat technology products pose and this legislation is a strong step in that direction.”
A two-page summary of the bill is available here. A copy of the bill text is available here.
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WASHINGTON – Today, Chairman of the Senate Select Committee on Intelligence U.S. Sen. Mark R. Warner (D-VA) appeared on FOX News Sunday to discuss the how the U.S. needs to tackle rising threats posed by the Communist Party of China.
On the how the United States needs to address the rise of the Chinese Communist Party on the world stage:
“We have never had a potential adversary like China. The Soviet Union, Russia, was military or ideological, China is investing in economic areas. They have $500 billion in intellectual property theft, and we are in a competition not just on a national security basis but on a technology basis. That's why national security now includes telecommunications, satellites, artificial intelligence, quantum computing. Each of these domains, we have got to make the kind of investments to stay ahead. I think we are starting that in a bipartisan way. We did the CHIPS bill to try to bring semiconductor manufacturing back, we have kicked out Huawei out of our telecom systems. This week, I have a broad bipartisan bill that I am launching with my friend John Thune, the Republican lead, where we are going to say, in terms of foreign technology coming into America, we’ve got to have a systemic approach to make sure we can ban or prohibit it when necessary.”
On the influence of TikTok:
“Listen, you have 100 million Americans on TikTok, 90 minutes a day…They are taking data from Americans, not keeping it safe, but what worries me more with TikTok is that this could be a propaganda tool. The kind of videos you see would promote ideological issues. If you look at what TikTok shows to the Chinese kids, which is all about science and engineering, versus what our kids see, there’s a radical difference.”
On China’s support for Putin’s war in Ukraine:
“…if China moves forward to support Russia in Ukraine, I can't understand some of my colleagues who are willing to say, ‘I don't really care about Ukraine, but I'm concerned about China.’ Well, China and Russia, these authoritarian regimes, are linked, and we have to make sure Putin is not successful in Ukraine and that Xi doesn't further his expansion plans around Taiwan.”
Video of Sen. Warner on FOX News Sunday can be found here. A transcript follows.
FOX News Sunday
SHANNON BREAM: Joining is now, Virginia Democratic Senator Mark Warner, Chairman of the Senate Intelligence Committee, welcome back. This week, you all have a hearing on worldwide threat assessments. You will have the DNI, the director of the CIA there. You have long been warning about China on multiple fronts. Do you think that we have lost valuable time in assessing the threat accurately? Will you talk about that this week?
SENATOR MARK WARNER: Well I think for a long time conventional wisdom was, the more you bring China into the world order, the more they’re going to change. That assumption was just plain wrong. China even changed their laws in 2016 to make it explicitly clear that every company in China, their first obligation is to the Communist Party. So we have never had a potential adversary like China. The Soviet Union, Russia, was military or ideological, China is investing in economic areas. They have $500 billion in intellectual property theft, and we are in a competition not just on a national security basis but on a technology basis. That's why national security now includes telecommunications, satellites, artificial intelligence, quantum computing. Each of these domains, we have got to make the kind of investments to stay ahead. I think we are starting that in a bipartisan way. We did the CHIPS bill to try to bring semiconductor manufacturing back, we have kicked out Huawei out of our telecom systems. This week, I have a broad bipartisan bill that I am launching with my friend John Thune, the Republican lead where we are going to say, in terms of foreign technology coming into America, we’ve got to have a systemic approach to make sure we can ban or prohibit it when necessary.
BREAM: Does that mean TikTok?
SEN. WARNER: That means TikTok is one of the potentials. Listen, you have 100 million Americans on TikTok, 90 minutes a day. Even you guys would like that kind of return, 90 minutes a day. They are taking data from Americans, not keeping it safe, but what worries me more with TikTok is that this could be a propaganda tool. The kind of videos you see would promote ideological issues. If you look at what TikTok shows to the Chinese kids, which is all about science and engineering, versus what our kids see, there’s a radical difference.
BREAM: We will watch that, because that's a bipartisan offering potentially this week. This past week we got information, it was revealed that both the Department of Energy and FBI believe that the origins of COVID were most likely a leak from the Wuhan Institute for Virology. This is something that early on this was called a conspiracy theory, you were racist if you talked about it. The Senate has actually unanimously passed a measure that would call on this administration to declassify information that we have about the origins. The White House won't say whether the president will veto it or not if it gets to his desk. Do Americans, worldwide, do people not have a right to see that information?
SEN. WARNER: Shannon, here is again an example of what we are dealing with, with the Communist Party in China. If this virus had originated virtually anywhere else, we would have had world scientists there. The Chinese Communist Party has been totally opaque about letting in outside scientists to figure this out. Now, you’ve still got of some parts of the intelligence community that think it originated in a wet market, others saying that it could have gotten out from a lab, although I would say that one entity says it came from one lab in Wuhan, another said from another. At the end of the day, we’ve got to keep looking and we've got to make sure, in terms of future pandemics, that we can have access to the source of where these diseases originate a lot earlier on in the system. We’re three and half later, we still don't have access to Wuhan.
BREAM: They're not going to cooperate with that, especially if they assess internally they were at fault. How do they pay for this? Now, billions probably trillions in damages and losses for people, millions and millions of lives. How do they pay?
SEN. WARNER: Well I think again, this is where we’ve got to have that united front of countries all around the world, that there has to be consequences. There has to be consequences potentially in terms of sanctions, it’s one of the reasons why, if China moves forward to support Russia in Ukraine, I can't understand some of my colleagues who are willing to say, “I don't really care about Ukraine, but I'm concerned about China.” Well, China and Russia, these authoritarian regimes, are linked, and we have to make sure Putin is not successful in Ukraine and that Xi doesn't further his expansion plans around Taiwan.
BREAM: Well, we know that even if they are not sending bullets over to Russia, they are buying up copious amounts of Russian oil. They are sending dual-use products that could actually be used on the battlefield. Xi doesn't seem very worried about the warnings from the U.S. at this point. They haven't even acknowledged or apologized for the balloon that went across America, we think capturing information as it went. It Xi afraid of this administration? To our warnings mean anything?
SEN. WARNER: Well I think Xi, as Putin thought, thought that with the invasion of the Ukraine, that the West would basically throw in the towel. The fact that we’ve not, the fact that you've got, for example, the German chancellor here just this past week, Germany’s dramatically increasing their defense budget. The fact that we've got nations like Finland and Sweden trying to join NATO. I think Putin made a major miscalculation and I do think Xi is watching the West stand up against Putin and is taking some lessons from that.
BREAM: You're just back from India, among many other countries you visited. They abstained from the U.N. vote that condemned Russia's invasion of Ukraine and called for an end to this. How important is it, a critical place like India, that they choose a side, and with the West?
SEN. WARNER: I think it’s time. Look, India is a great nation, as a matter of fact, I’m chair of the India Caucus, I'm a big supporter of India. India is now a major, major power. Fifth-largest economy in the world, and a place where remarkable things are happening. My message to the Indians has been, we understand that you have historic ties to Russia, and you still get a lot of your arms, but you cannot be a world leader, and attempt to be a moral world leader, without picking a side. And in this case, I think the younger Indians get that. Some of the older generation, I think we still have work to do.
BREAM: Okay, let's turn to continued funding for Ukraine. Another $400 million was announced on Friday. There are questions, there'll be more requests from Congress no doubt in the coming weeks about that. While there is strong support, here across the U.S. and across the West, the polls show that it's pulling back a little bit. Here's the reality from one analyst, “funding for the Ukrainian government has not demanded any tough bureaucratic trade-offs between funding priorities. It's not requiring bouncing needs for Ukraine against a domestic spending.” We’ve hit our ceiling, we have some kind of negotiation that’s got to happen very shortly. There are competing needs and they are very real, so where do we assess our financial commitment?
SEN. WARNER: Well Shannon, let's look at this. We have allocated $113 billion to Ukraine. We have actually only given them actually less than half of that, and on the military side, about $30 billion of roughly $60 billion. We’ve still got some runway to go there. But I think we need to keep that commitment, and the truth is the Russian army is being chewed up by the Ukrainians. We spent $800 billion a year on defense, in most of my lifetime to prevent Russia from exploiting that. We are having Ukrainians do that right now, in a sense, for us. I think we need to continue that. I think we will see the vast majority of members of Congress in both parties, there are some loudmouths on both sides that are pulling back, but if we are going to keep in this competition against Russia and China, Putin cannot be successful. At the same time, we have to realize as we look at China that national security is no longer simply tanks and trucks and guns and ships. It's also telecom and AI and quantum computing and advanced synthetic biology. We have to make investments in those domains, as well, which is both an economic investment and I believe, national security investment.
BREAM: Speaking of another national security interest, Iran, this report on their nuclear capabilities came out this week and it’s kind of getting lost in all the other foreign policy headlines, but basically what the International Atomic Energy Agency told us is that they have hit 84% as far as enriching uranium. They said that’s just short of the 90% that you would need for a weapon. Britain, France, and Germany say they want to censure Iran over this. The U.S. is kind of hesitant. The reporting is that the Biden administration doesn’t want to go there. Are we now then softer on Iran's new program then Europe?
SEN. WARNER: I do not believe that. We have made it explicitly clear – and I was just in Israel recently with a group of senators – that we agree with Israel. Iran cannot be a nuclear power. I think, that has been our policy it will continue to be our policy. There are two steps in this process, one is the enrichment issue, and I believe we will be tougher than the Europeans. We always historically always have been –
BREAM: So then why are we against censuring, reportedly?
SEN. WARNER: We have already sanctioned and censured more Iranian companies by far than our European friends. But there is also a question around delivery systems. Again, I think we and our Israeli friends are following this very closely. Again, we will not allow Iran to become a nuclear power.
BREAM: I've got to hit this, Havana Syndrome. The reporting out this week, an assessment from several intelligence agencies that they don't think – that it's unlikely there was a foreign adversary carrying out these attacks, whatever they were, where our people, diplomats or Intel officers around the world in U.S. missions have suffered really debilitating symptoms from this. Senator Rubio, your colleague tweeted this: “The CIA took the investigation of Havana syndrome seriously. But when you read about the devastating injuries it's hard to except that it was by AC units and loud cicadas. Something happened here and just because we don’t have all the answers doesn’t mean it didn’t happen.” Will you continue trying to pursue answers?
SEN. WARNER: Absolutely. First of all, the most important thing is anyone who got sick, whatever the source was, whether they are CIA, DoD, State Department officials, we owe them the world's best health care and I think we are providing that now. Initially frankly, under the last administration, this whole issue was attempted to be swept under the rug. We are now making sure that health care is provided. I know how, particularly the CIA, how extensive the investigation has been. And I've made very clear to them, if they need to continue that investigation, if new facts come to light, they ought to pursue that. But at this moment in time, I know how thorough they have been, and they have not found the evidence that I think perhaps they thought they would have found. We've got to follow the facts. At the end of the day that's what we owe the members of this intel community, who protect our nation, and that means giving them the health care. If it ends up sensing some other source then what has been discovered so far, we have to pursue it.
BREAM: Senator, Chairman, thanks for coming back to Fox News Sunday.
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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, issued a statement after the Department of Commerce released the first Notice of Funding Opportunity (NOFO) for CHIPS Act incentives, welcoming the announcement:
“The projects that will be made possible by the CHIPS Act will strengthen our national security and create good-paying manufacturing jobs here in the United States. With limited funding available, I urge the Department of Commerce to be strategic in selecting projects in order to ensure that funding advances U.S. economic and national security objectives.”
Nearly everything that has an “on” switch – from cars to phones to washing machines to ATMs to electric toothbrushes – contains a semiconductor, but just 12 percent of these ‘chips’ are currently made in America. The CHIPS and Science Act includes $52 billion in funding championed by Sen. Warner to manufacture chips here on American soil – a move that will increase economic and national security and help America compete against countries like China for the technology of the future.
Sen. Warner, co-chair of the Senate Cybersecurity Caucus and former technology entrepreneur, has long sounded the alarm about the importance of investing in domestic semiconductor manufacturing. Sen. Warner first introduced the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Act in June 2020 along with Sen. John Cornyn (R-TX).
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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Tim Kaine (D-VA), and Richard Blumenthal (D-CT), along with U.S. Reps. Kathy Castor (D-FL-14) and Mike Levin (D-CA-49), reintroduced the Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act to reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, online harassment, and discrimination on social media platforms.
“For too long, Section 230 has given cover to social media companies as they turn a blind eye to the harmful scams, harassment, and violent extremism that run rampant across their platforms,” said Sen. Warner, a former technology entrepreneur and the Chairman of the Senate Select Committee on Intelligence. “When Section 230 was enacted over 25 years ago, the internet we use today was not even fathomable. This legislation takes strides to update a law that was meant to encourage service providers to develop tools and policies to support effective moderation and allows them to finally be held accountable for the harmful, often criminal behavior that exists on their platforms.”
“Social media platforms allow people to connect all across the world—but they also cause great pain and suffering, being used as a tool for cyberbullying, stalking, spreading hate, and more. The way we communicate as a society has changed drastically over the last 25 years, it’s time for our laws to catch up,” said Sen. Hirono, a member of the Senate Judiciary Committee. “The SAFE TECH Act targets the worst abuses perpetrated on internet platforms to better protect our children and our communities from the very real harms of social media.”
“We need to be asking more from big tech companies, not less. How they operate has a real-life effect on the safety and civil rights of Americans and people around the world, as well as our democracy. Our legislation will hold these platforms accountable for ads and content that can lead to real-world harm,” said Sen. Klobuchar.
“Congress has acted in the past to ensure that social media companies don’t get blanket immunity after hosting information on their websites aimed at facilitating human or sex trafficking,” said Sen. Kaine. “I’m fully supportive of using that precedent as a roadmap to require social media companies to moderate dangerous content linked to other crimes—like cyber-stalking, discrimination, and harassment—in a responsible way. This is critical to keep our communities safe.”
“Section 230’s blanket immunity has prioritized Big Tech over Americans’ civil rights and safety. Platforms’ refusal to be held accountable for the dangerous and harmful content they host has real-life implications for users – leaving many vulnerable to threats like stalking, intimidation, and harassment, as well as discrimination,” said Sen. Blumenthal. “Our legislation is needed to safeguard consumers and ensure social media giants aren’t shielded from the legal consequences of failing to act. These common sense protections are essential in today’s online world.”
“For too long, big tech companies have treated the internet like the wild west while users on their platforms violate civil and human rights, defraud consumers and harass others. These companies have shown over and over again that they are unwilling to make their platforms safe for Americans. It is long past time for consumers to have legal recourse when big tech companies harm them or their families. Our bill will ensure they are held accountable,” said Rep. Castor.
“Social media companies continue to allow malicious users to go unchecked, harm other users, and violate laws. This cannot go on and it is clear federal reform is necessary,” said Rep. Levin. “Our bicameral legislation makes much needed updates to Section 230 to ensure Americans can safely use online platforms and have legal recourse when they are harmed. It’s long past time that these legislative fixes are made and I look forward to this bill moving through the Congress.”
Specifically the SAFE TECH Act would force online service providers to address misuse on their platforms or face civil liability. The legislation would make clear that Section 230:
- Doesn’t apply to ads or other paid content – ensuring that platforms cannot continue to profit as their services are used to target vulnerable consumers with ads enabling frauds and scams;
- Doesn’t bar injunctive relief – allowing victims to seek court orders where misuse of a provider’s services is likely to cause irreparable harm;
- Doesn’t impair enforcement of civil rights laws – maintaining the vital and hard-fought protections from discrimination even when activities or services are mediated by internet platforms;
- Doesn’t interfere with laws that address stalking/cyber-stalking or harassment and intimidation on the basis of protected classes – ensuring that victims of abuse and targeted harassment can hold platforms accountable when they directly enable harmful activity;
- Doesn’t bar wrongful death actions – allowing the family of a decedent to bring suit against platforms where they may have directly contributed to a loss of life;
- Doesn’t bar suits under the Alien Tort Claims Act – potentially allowing victims of platform-enabled human rights violations abroad to seek redress in U.S. courts against U.S.-based platforms.
Sen. Warner first introduced the SAFE TECH Act in 2021 and is one of Congress’ leading voices in demanding accountability and user protections from social media companies. Last week, Sen. Warner pressed Meta on Facebook's role in inciting violence around the world. In addition to the SAFE TECH Act, Sen. Warner has introduced and written numerous bills aimed at improving transparency, privacy, and accountability on social media. These include the Deceptive Experiences to Online Users Reduction (DETOUR) Act – legislation to prohibit large online platforms from using deceptive user interfaces, known as “dark patterns,” to trick consumers into handing over their personal data 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.
“The onslaught of misinformation and discriminatory attacks across social media platforms continues unabated. It is essential that the tech companies that run these platforms protect their users and end the rampant civil rights violations of Black users and other users of color. Social media remains a virtually unchecked home for hateful content discrimination, especially through the manipulation of algorithms that lead to both the targeting and limiting of which users see certain types of advertisements and opportunities. Congress can take a step in the right direction by strengthening Section 230 and ensuring that online communities are not safe harbors for discrimination and civil rights violations. LDF supports Senator Warner and Senator Hirono’s bill to address these critical concerns,” said Lisa Cylar Barrett, Director of Policy, Legal Defense Fund (LDF).
“There needs to be real clarity on Section 230. The hate that festers online: antisemitism, Islamophobia, racism, misogyny and disinformation – leads to real violence, real lives targeted, real people put at risk. ADL supports the ability for people affected by violence to hold perpetrators accountable – and that includes social media companies. ADL appreciates the efforts of Senators Warner, Hirono, Klobuchar, and Kaine to tackle this complex challenge. We look forward to working with them to refine this legislation to ensure a safer and less hate-filled internet for all users.” said Jonathan A. Greenblatt, CEO of ADL (Anti-Defamation League).
“Platforms should not profit from targeting employment ads toward White users, or from targeting voter suppression ads toward Black users. The SAFE TECH Act makes it clear that Section 230 does not give platforms a free pass to violate civil rights laws, while also preserving the power of platforms to remove harmful disinformation,” said Spencer Overton, President, Joint Center for Political and Economic Studies.
“I applaud the SAFE TECH Act introduced by Sens. Warner and Hirono which provides useful modifications to section 230 of the 1996 Communications Decency Act to limit the potential negative impacts of commercial advertising interests while continuing to protect anti-harassment and civil and human rights interests of those who may be wrongfully harmed through wrongful online activity,” Ramesh Srinivasan, Professor at the UCLA Department of Information Studies and Director of UC Digital Cultures Lab, said.
“It is glaringly apparent that we cannot rely on the tech companies to implement common sense policies that reflect common decency on their own. We thank and commend Senators Warner, Hirona, Klobuchar, and Kaine for their foresight and for showing their commitment to the safety of our citizens by putting forth the SAFE TECH Act. The SAFE TECH Act will continue to protect free speech and further protect our civil rights while sensibly amending section 230, an outdated law that the tech companies hide behind in their refusal to take responsibility for real-life consequences” said Wendy Via, Cofounder, Global Project Against Hate and Extremism.
“The Cyber Civil Rights Initiative welcomes this effort to protect civil rights in the digital age and to hold online intermediaries accountable for their role in the silencing and exploitation of vulnerable communities. This bill addresses the urgent need to limit and correct the overzealous interpretation of Section 230 that has granted a multibillion dollar industry immunity and impunity for profiting from irreparable injury,” said Mary Anne Franks, President, Cyber Civil Rights Initiative and Danielle K. Citron, Vice President, Cyber Civil Rights Initiative.
“Social media companies have enabled hate, threats and even genocide against Muslims with virtual impunity. The SAFE TECH Act would bring needed and long-overdue accountability to these companies,” said Muslim Advocates Senior Policy Counsel Sumayyah Waheed. “We thank Sens. Warner, Hirono, Klobuchar, Kaine and Blumenthal for leading on this important bill. Every day, Muslims are profiled, discriminated against, attacked and worse just for engaging in public life. Passing this bill would bring us one step closer to ensuring that Muslims and other marginalized communities can hold social media companies accountable for the reckless way they violate people’s rights and threaten their safety on and offline.”
“The SAFE TECH Act is an important step forward for platform accountability and for the protection of privacy online. Providing an opportunity for victims of harassment, privacy invasions, and other violations to remove unlawful content is critical to stopping its spread and limiting harm,” said Caitriona Fitzgerald, Deputy Director, Electronic Privacy Information Center (EPIC).
“The SAFE TECH Act is a Section 230 reform America needs now. Troubling readings of Section 230 have encouraged reckless and negligent shirking by platforms of basic duties toward their users. Few if any of the drafters of Section 230 could have imagined that it would be opportunistically used to, for example, allow dating sites to ignore campaigns of harassment and worse against their users. The SAFE TECH Act reins in the cyberlibertarian ethos of over-expansive interpretations of Section 230, permitting courts to carefully weigh and assess evidence in cases where impunity is now preemptively assumed,” said Frank Pasquale, Author of The Black Box Society and Professor at Brooklyn Law School.
“It is unacceptable that courts have interpreted Section 230 to provide Big Tech platforms with blanket immunity from wrongdoing. Congress never intended Section 230 to shield companies from all civil and criminal liability. Reforms proposed by Sens. Warner and Hirono are an important step in the right direction. It is time to hold Big Tech accountable for the harms they cause children and families and other vulnerable populations," said James P. Steyer, Founder and CEO, Common Sense.
“The SAFE TECH Act aims to hold social media giants accountable for spreading harmful misinformation and hateful language that affects Black communities and limits our voting power," said Brandon Tucker, Sr. Director of Policy & Government Affairs at Color Of Change. “Social media companies have used Section 230 as a shield against legal repercussions for their continued civil rights violations across their platforms. When we released our Black Tech Agenda and Scorecard last year, we made sure that the SAFE TECH Act was a key criteria in marking legislators’ progress toward advancing tech policy solutions with a racial justice framework. We call on members of Congress to support this critical legislation to protect Black people’s rights and safety online.”
“It has become abundantly clear that disinformation and hate on social media can create real-world harms. - whether it's anti-vaxx misinformation, election-related lies or hate, it is now clear that there is a significant threat to human life, civil rights and national security. The problem is crazy incentives, where bad actors can freely spread hate and misinformation, platforms profit from traffic regardless of whether it is productive or damaging, but the costs are borne by the public and society at large. This timely bill forensically delineates the harms and ensures perpetrators and enablers pay a price for the harms they create. In doing so, it reflects our desire for better communication technologies, which enhance our right to speak and be heard, and that also respect our fundamental rights to life and safety,” said Imran Ahmed, CEO, Center for Countering Digital Hate.
“Senator Mark Warner is a leader in ensuring that technology supports democracy even as it advances innovation. This legislation removes obstacles to enforcement against online discrimination, cyber-stalking, and targeted harassment and incentivizes platforms to move past the current, ineffective whack-a-mole approach to harms,” said Karen Kornbluh, Former US Ambassador to the Organization for Economic Co-operation and Development.
Full text of legislation is available here.
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Warner Presses Meta on Facebook's Role in Inciting Violence and Spreading Misinformation Around the World
Feb 22 2023
WASHINGTON – Senate Select Committee on Intelligence Chairman Mark R. Warner (D-VA) sent a letter to Meta CEO Mark Zuckerberg, pressing the company on its efforts to combat the spread of misinformation, hate speech, and incitement content around the world. Reporting indicates that Facebook devotes 84 percent of its misinformation budget to the United States, where only ten percent of its users reside.
“In its pursuit of growth and dominance in new markets, I worry that Meta has not adequately invested in the technical, organizational, and human safeguards necessary to ensuring that your platform is not used to incite violence and real-world harm,” wrote Sen. Warner, pointing to evidence, acknowledged by Meta, that the platform as used to foment genocide in Myanmar. “I am concerned that Meta is not taking seriously the responsibility it has to ensure that Facebook and its other platforms do not inspire similar events in other nations around the world.”
In his letter, Sen. Warner noted that Facebook supported more than 110 languages on its platform as of October 2021, and users and advertisers posted on the platform in over 160 languages. However, Facebook’s community standards, the policies that outline what is and isn’t allowed on the platform, were available in less than half of the languages that Facebook offered at that time. Facebook has previously said that it uses artificial intelligence to proactively identify hate speech in more than 50 languages and that it has native speakers reviewing content in more than 70 languages.
“Setting aside the efficacy of Facebook’s AI solutions to detect hate speech and violent rhetoric in all of the languages that it offers, the fact that Facebook does not employ native speakers in dozens of languages officially welcomed on its platform is troubling – indicating that Facebook has prioritized growth over the safety of its users and the communities Facebook operates in,” Sen. Warner wrote, citing documents provided by Facebook whistleblower Frances Haugen. “Of particular concern is the lack of resources dedicated to what Facebook itself calls ‘at-risk countries’ – nations that are especially vulnerable to misinformation, hate speech, and incitement to violence.”
Warner noted that in Ethiopia, Facebook reportedly did not have automated systems capable of flagging harmful posts in Amharic and Oromo, the country’s two most spoken languages. A March 2021 internal report said that armed groups within Ethiopia were using Facebook to incite violence against ethnic minorities, recruit, and fundraise.
“In the wake of Facebook’s role in the genocide of the Rohingya in Myanmar – where UN investigators explicitly described Facebook as playing a ‘determining role’ in the atrocities – one would imagine more resources would be dedicated to places like Ethiopia. Even in languages where Meta does have experience, the systems in place appear woefully inadequate at preventing violent hate speech from appearing on Facebook,” observed Sen. Warner, citing an investigation conducted by the non-profit Global Witness, which was able to post ads in Swahili and English ahead of the 2022 general elections in Kenya that violated Facebook’s stated Community Standards for hate speech and ethnic-based calls to violence.
“Unfortunately, these are not isolated cases – or new revelations. For nearly six years, Facebook’s role in fueling, amplifying, and accelerating racial, religious, and ethnic violence has been documented across the globe – including in Bangladesh, Indonesia, South Sudan, and Sri Lanka. In other developing countries – such as Cambodia, Vietnam and the Philippines – Facebook has reportedly courted autocratic parties and leaders in order to ensure its continued penetration of those markets,” wrote Sen. Warner. “Across many of these cases, Facebook’s global success – an outgrowth of its business strategy to cultivate high levels of global dependence through efforts like Facebook Free Basics and Internet.org – has heightened the effects of its misuse. In many developing countries, Facebook, in effect, constitutes the internet for millions of people, and serves as the infrastructure for significant social, political, and economic activity.”
“Ultimately, the destabilizing impacts of your platform on fragile societies across the globe poses a set of regional – if not global – security risks,” concluded Warner, posing a series of questions to Zuckerberg about the company’s investments in foreign language content moderation and requesting a response by March 15, 2023.
A full copy of the letter is available here.
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Warner & Rubio Urge Biden Admin to Prevent Flow of U.S. Innovation to China's Military Industrial Complex
Feb 21 2023
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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