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

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

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

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

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

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

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

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

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

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

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

April 19, 2019

The Honorable William P. Barr

Attorney General

U.S. Department of Justice

950 Pennsylvania Ave. NW

Washington, D.C. 20530

Dear Attorney General Barr:

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

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

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

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

Sincerely,

__________________________________

Nancy Pelosi

Speaker

U.S. House of Representatives

_________________________________

Chuck Schumer

Democratic Leader

U.S. Senate

__________________________________

Jerrold Nadler

Chairman

House Committee on the Judiciary

__________________________________

Adam Schiff

Chairman

House Permanent Select Committee on Intelligence

__________________________________

Dianne Feinstein

Ranking Member

Senate Committee on the Judiciary

__________________________________

Mark Warner

Ranking Member

Senate Select Committee on Intelligence

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

Honorable Mitch McConnell, Majority Leader, Senate

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

            Honorable Lindsey Graham, Chairman, Senate Committee on the Judiciary

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

            Honorable Richard Burr, Chairman, Senate Select Committee on Intelligence

###

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

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

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

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

April 12, 2019

The Honorable Robert E. Lighthizer

Ambassador

Office of the United States Trade Representative

600 17th Street, N.W.

Washington, D.C., 20508

Dear Ambassador Lighthizer:

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

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

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

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

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

Sincerely,

/s/

###

Ms. Ryann DuRant

Press Secretary

Sen. John Cornyn (R-TX)

Washington, D.C. – Today, top House and Senate Democrats sent a letter to Attorney General William Barr following his testimony before the House and Senate appropriations committees reasserting their expectation for the full, unredacted Mueller report, along with the underlying evidence, to be provided to Congress.  The letter, signed by House Speaker Nancy Pelosi (D-CA), Senate Democratic Leader Chuck Schumer (D-NY), House Judiciary Chairman Jerrold Nadler (D-NY), Senate Judiciary Ranking Member Dianne Feinstein (D-CA), House Intelligence Chairman Adam Schiff (D-CA), and Senate Intelligence Vice Chairman Mark Warner (D-VA), also urges the Department of Justice (DOJ) to work with them to find an accommodation on providing the full report from the Special Counsel, with the underlying materials, to the relevant committees.     

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

April 11, 2019

The Honorable William P. Barr
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Dear Attorney General Barr:

We have received your recent letters regarding the Special Counsel’s report.  We have also reviewed your testimony before the House and Senate appropriations committees on April 9 and 10.  We write to you now, in advance of your expected release of a redacted version of Special Counsel Robert Mueller’s report, to restate two important points.

First, as a matter of law, Congress is entitled to the full report—without redactions—as well as the underlying evidence.  We require that information in order to discharge our constitutional obligations:  to develop and pass legislation and to conduct thorough oversight of the Executive Branch.  These responsibilities are most acute where they involve the alleged misconduct of the President of the United States.  Indeed, because you have told us on several occasions that you will not indict the President for obstruction of justice and related crimes, it now falls to Congress to examine the President’s conduct and, if necessary, to hold him accountable.

Second, the Department of Justice has an obligation to work with the relevant committees of the House and Senate to reach an accommodation on the full report and the underlying materials.  Since your March 22 letter announcing the end of the Mueller investigation, our senior Members have written to you on numerous occasions.  We have asked reasonable questions and raised legitimate concerns about your handling of this report.  So far, we have received no direct response, and you have made no effort to work with us to accommodate our concerns.  This work should not wait until after you have provided a redacted report.  It should start now.

You have outlined four kinds of information that you plan to redact from this report: grand jury information, classified information, information that may impede an ongoing investigation, and information that may affect the privacy and reputational interests of third parties.  We acknowledge that there may be legitimate reasons for withholding some of this information from public view.

As recent precedent makes clear, however, the Department of Justice has no legitimate reason for withholding these materials from Congress.  In every other instance where a federal grand jury was used to probe the alleged misconduct of a sitting president—namely, in the Watergate and Starr investigations—the Department of Justice worked with the relevant federal court to release the grand jury information to the House Judiciary Committee.  That has not happened in this instance, despite numerous direct requests, nor have you provided us with any legitimate reason for failing to follow the Department’s precedent. 

With regard to the other areas of possible redaction noted in your March 29 letter, we note that the Department of Justice and the FBI provided nearly one million pages of material to the committees of jurisdiction related to a long list of largely discredited conspiracy theories about Hillary Clinton and about the origins of the Special Counsel’s investigation—while that probe was ongoing.  These documents included highly classified information, information and investigative records related directly to ongoing criminal and counterintelligence investigations, and reams of information that directly impacted the “privacy and reputational interests of third parties.”  The Department also made dozens of line personnel available for transcribed interviews.  We expect that you will be just as forthcoming with us now and, accordance with those precedents, promptly produce each of these categories of information to Congress, as requested.

Finally, we would be remiss not to express profound concern about your comments before the Senate Appropriations Committee regarding your apparent review of the investigation into Russia’s interference in the 2016 election.  Your testimony raises questions about your independence, appears to perpetuate a partisan narrative designed to undermine the work of the Special Counsel, and serves to legitimize President Trump’s dangerous attacks on the Department of Justice and the FBI. 

We renew our request to work together prior to any release to ensure that Congress receives the full report and all of the underlying evidence.  Thank you for your prompt attention to this urgent matter.

            Sincerely,

###

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

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

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

  The Working Families Tax Relief Act would:

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

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

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

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

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

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

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

Read more about the bill HERE.

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

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Washington – U.S. Sen. Mark R. Warner (D-VA) was joined by U.S. Sen. Richard Blumenthal (D-CT) in urging congressional appropriators to provide full funding for timely implementation of the Ashanti Alert Act – crucial bipartisan legislation championed by Sen. Warner and signed into law in December of 2018. The Ashanti Alert Act requires the Department of Justice (DOJ) to establish a national communications network to assist regional and local search efforts for certain missing adults, filling a gap for missing persons who are too old for an Amber Alert and too young for a Silver Alert.

“This law was borne out of the tragic death of Ashanti Billie, a 19-year-old who was abducted in Norfolk, Virginia and whose body was discovered 11 days after she was first reported missing. Because Ashanti was too old for an Amber Alert to be issued and no similar network for adults existed at the time, her parents, family, and friends struggled to get word out of her disappearance in a timely fashion,” the Senators wrote in a letter to the Senate Appropriations Committee. “Full funding and timely implementation of the Ashanti Alert Act is necessary to ensure the safety of Americans.” 

The Ashanti Alert will notify the public about missing or endangered adults ages 18-64. The law instructs the Attorney General to designate a national Ashanti Alert Coordinator responsible for helping states establish alert systems and develop voluntary guidelines. Under the law, the coordinator is also tasked with providing Congress with an annual report detailing the use and progress of Ashanti Alerts in states. Last month, Sen. Warner pressed Attorney General William Barr for an update on DOJ’s progress to-date in implementing the law.  

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

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

The Honorable Jerry Moran

Chairman

Subcommittee on Commerce, Justice,

Science and Related Agencies

Senate Committee on Appropriations

142 Dirksen Senate Office Building

Washington, DC 20510

The Honorable Jeanne Shaheen

Ranking Member

Subcommittee on Commerce, Justice,

Science and Related Agencies

Senate Committee on Appropriations

142 Dirksen Senate Office Building

Washington, DC 20510

Dear Chairman Moran and Ranking Member Shaheen:

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

On December 31, 2018, President Trump signed into law the Ashanti Alert Act of 2018 (Pub L. 115-401). The Ashanti Alert Act requires the Department of Justice to establish a national communications network, named the Ashanti Alert, to assist regional and local search efforts for certain missing adults. Under the new law, the Attorney General must designate a national coordinator to work with states to establish Ashanti Alert systems and to develop voluntary guidelines that states (as well as territories) should use in creating their networks. Last Congress, the Senate and House of Representatives secured strong bipartisan support for the legislation and it passed both chambers by a near-unanimous margin.

This law was borne out of the tragic death of Ashanti Billie, a 19-year-old who was abducted in Norfolk, Virginia and whose body was discovered 11 days after she was first reported missing. Because Ashanti was too old for an Amber Alert to be issued and no similar network for adults existed at the time, her parents, family, and friends struggled to get word out of her disappearance in a timely fashion.

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

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

Thank you for your consideration of our request.

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

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

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

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

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

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

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

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

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

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

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

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

• Enables the creation of a professional standards body, which can register with the Federal Trade Commission (FTC), to focus on best practices surrounding user design for large online operators. This association would act as a self-regulatory body, providing updated guidance to platforms on design practices that impair user autonomy, decision-making, or choice, positioning the FTC to act as a regulatory backstop.

• Prohibits segmenting consumers for the purposes of behavioral experiments, unless with a consumer’s informed consent. This includes routine disclosures for large online operators, not less than once every 90 days, on any behavioral or psychological experiments to users and the public. Additionally, the bill would require large online operators to create an internal Independent Review Board to provide oversight on these practices to safeguard consumer welfare. 

• Prohibits user design intended to create compulsive usage among children under the age of 13 years old.

• Directs the FTC to create rules within one year of enactment to carry out the requirements related to informed consent, Independent Review Boards, and Professional Standards Bodies.

The full bill text is available here. 

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

Sen. Warner is recognized as one of Congress’ leading voices in an ongoing public debate around social media and user privacy. Last year, Sen. Warner called on the social media companies to work with Congress and provide feedback on ideas he put forward in a white paper discussing potential policy solutions to challenges surrounding social media, privacy, and data security. In addition to the DETOUR Act, in the coming weeks and months, Sen. Warner will introduce further legislation designed to improve transparency, privacy, and accountability on social media.

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

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

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

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

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

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

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

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

The full text of the bill is available here.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Presiding Officer: Is there objection?

[Sen. Rand Paul objects]

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

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

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

Presiding Officer: Is there objection to the original request?

[Sen. Rand Paul objects]

Presiding Officer: Objection is heard.

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

Thank you Mr. President, I yield the floor.

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

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

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

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

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

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

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

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

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

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

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

Specifically, this legislation would do the following:

• Establish new campus resources and support services for student survivors: Colleges and universities would be required to designate Sexual Assault Response Coordinators to assist survivors of sexual assault, domestic violence, dating violence, and stalking. Sexual Assault Response Coordinators would coordinate support services and accommodations for survivors, provide information about options for reporting, and provide guidance or assistance – at the direction of the survivor – in reporting the crime to campus authorities and/or law enforcement. Schools would no longer be allowed to sanction students who report sexual violence but reveal a non-violent student conduct violation in good faith, like underage drinking.

• Require fairness in the campus disciplinary process: All schools would be required to use one uniform process for campus student disciplinary proceedings and would no longer be allowed to have athletic departments or other subgroups handle complaints. Schools would be required to provide written notification to the accused as well as the survivor of any decision to move forward with a campus disciplinary proceeding within 24 hours of that decision. The notice must include details of the complaint, a summary of the disciplinary proceeding, and the rights and due process protections available to both parties.  

• Ensure minimum training standards for on-campus personnel: This legislation would ensure that everyone from the Sexual Assault Response Coordinators to those responsible for investigating and participating in disciplinary proceedings receives specialized training so that they have a firm understanding of the nature of these crimes and their effect on survivors.

• Create historic new transparency requirements: For the first time, students at every college and university in America would be surveyed about their experience with sexual violence to get an accurate picture of this problem. This new biennial survey would be standardized and confidential, with the results published online so that parents and high school students could make an informed choice when comparing universities. The Department of Education would also be required to publish the names of all schools with pending investigations, final resolutions, and voluntary resolution agreements related to Title IX with respect to sexual violence and requirements of the Clery Act.

• Ensure coordination with law enforcement: This legislation would require colleges and universities to enter into memoranda of understanding (MOU) with each local law enforcement agency that has jurisdiction to report to a campus as a first responder. These MOUs would ensure that the school and law enforcement clearly delineate duties and share information so that when a crime occurs, both campus authorities and local authorities can focus on solving the crime rather than debating jurisdiction. 

• Establish stiffer penalties for violations: Schools that do not comply with certain requirements under the bill may face a penalty of up to 1 percent of the institution’s operating budget. The bill would also increase penalties for Clery Act violations to up to $150,000 per violation, from the current penalty of $35,000 per violation. Financial penalties collected from institutions in violation would be distributed back to campuses through a new competitive grant program, administered by the Secretary of Education, for which colleges and universities can apply for the purpose of researching best practices for preventing and responding to sexual and interpersonal violence on college campuses and sharing such research with peer institutions and the Department of Education.

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

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

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

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