Washington, D.C. — Late yesterday, House Democratic Leader Nancy Pelosi (D-CA), U.S. Senate Democratic Leader Chuck Schumer (D-NY), House Intelligence Committee Ranking Member Adam Schiff (D-CA), and Senate Intelligence Committee Vice Chairman Mark Warner (D-VA) sent a letter to Director of National Intelligence Daniel Coats expressing deep concern that classified and highly sensitive documents have been made broadly accessible to all members of the House and Senate Intelligence Committees, rather than a select group of designated Members.  As the Democratic Leaders write, Director Coats’s decision to widely release these classified documents could put sources and methods at risk.

In the letter, the Members write: “While we understand the need for congressional oversight, this action - which we understand was taken at your direction - contravenes your representation to us and our colleagues that this information would not be shared outside that group. … All of the meeting's attendees agreed that the information discussed was among the most sensitive type of information and should be protected accordingly.  We believe your decision could put sources and methods at risk.”

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The full letter is below:

July 12, 2018

Honorable Daniel Coats

Director

Office of the Director of National Intelligence

Washington, DC 20511

Dear Director Coats:

In recent days, we learned that certain classified documents that were originally made available to a small group of designated members have been made more broadly available to all members of the House and Senate Intelligence Committees.  While we understand the need for congressional oversight, this action - which we understand was taken at your direction - contravenes your representation to us and our colleagues that this information would not be shared outside that group.  

As you know, during our meetings on this sensitive matter we discussed at great length the importance of protecting sources and methods and ongoing investigations.  All of the meeting's attendees agreed that the information discussed was among the most sensitive type of information and should be protected accordingly.  We believe your decision could put sources and methods at risk.

Further, we are concerned that your action was in direct contravention of our verbal and written requests (letters on June 5, 2018 and June 27, 2018) to Deputy Attorney General Rosenstein and Federal Bureau of Investigation Director Wray.  

This is a matter of serious importance and we believe a follow-on meeting of the Gang of Eight is needed as soon as possible.

Sincerely,

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WASHINGTON – Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, today sent a letter to Director of National Intelligence (DNI) Dan Coats asking whether assessments by our nation’s Intelligence Community (IC) align with the Trump Administration’s public pronouncements regarding North Korean denuclearization. 

On July 8, 2018, following talks with North Korean officials, Secretary of State Mike Pompeo said, “We had detailed, substantive conversations about the next steps toward a fully verified and complete denuclearization… There will be verification connected to the complete denuclearization. That’s what President Trump and Chairman Kim both agreed to.”

A joint statement issued by the President and the North Korean leader on June 12, 2018, similarly stated that “Kim Jong Un reaffirmed his firm and unwavering commitment to complete denuclearization of the Korean Peninsula.”  

Additionally, on June 13, 2018, the President declared via tweet that “everybody can now feel much safer than the day I took office. There is no longer a Nuclear Threat [sic] from North Korea.”

In light of those statements, Sen. Warner asked DNI Coats to produce and deliver to the congressional intelligence committees a definitive IC assessment regarding:

• The willingness of Kim Jong Un to take concrete measures that would significantly reduce North Korea’s nuclear weapons stockpile or nuclear production capability in a way that would match his supposed commitment to “complete denuclearization”;
• The willingness of Kim Jong Un to accept the kind of intrusive inspections that would verifiably demonstrate that North Korea has abandoned and dismantled its nuclear program;
• What a complete, verifiable, and irreversible denuclearization process would look like from the IC’s perspective; and
• A description of how North Korea’s nuclear and ballistic missile program presents a persistent threat to the United States, U.S. territories, and our allies.

A copy of Sen. Warner’s letter to DNI Coats is available here. 

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WASHINTON- U.S. Senators Amy Klobuchar (D-MN), Ranking Member of the Senate Rules Committee, and Mark Warner (D-VA), Vice Chairman of the Select Committee on Intelligence, urged the Federal Election Commission (FEC) to implement the strongest possible transparency and accountability requirements for online advertisements in response to the proposed rulemaking. The letter comes as the FEC begins public hearings today on online advertisements. 

“During the 2016 election cycle, Russians took advantage of weak online disclaimer and disclosure rules to purchase online political advertisements. As we rapidly approach the 2018 election, intelligence officials have warned that Russia is currently working to disrupt our elections again,” the senators wrote.

“People have a right to know who is behind the information they receive, and in particular who is trying to influence their vote. This necessitates new disclaimer and disclosure requirements for all online advertisements. Primary elections are already upon us and the general election is only 131 days away. Therefore, we encourage you to quickly adopt the strongest possible rule to increase transparency and accountability for online advertisements.” 

Klobuchar, Warner and Senator John McCain (R-AZ) are the authors of the bipartisan Honest Ads Act, legislation to help prevent foreign interference in future elections and improve the transparency of online political advertisements. The Honest Ads Act would prevent foreign actors from influencing our elections by ensuring that political ads sold online are covered by the same rules as ads sold on TV, radio, and satellite.

The full text of the letter can be found below:

Dear Commissioners:

As you conduct hearings this week on “Internet Disclaimers and Definition of Public Communication”, we encourage you to issue the strongest possible rule that will increase transparency and accountability for online advertisements.

During the 2016 election cycle, Russians took advantage of weak online disclaimer and disclosure rules to purchase online political advertisements. As part of a wide social media exploitation effort, Russia spent at least $100,000 dollars—in rubles—on Facebook ads to influence the 2016 election. According to Facebook responses to investigations by the Senate Select Committee on Intelligence and Senate Judiciary Committee, Russian disinformation reached more than 126 million Americans online.

As we rapidly approach the 2018 election, intelligence officials have warned that Russia is currently working to disrupt our elections again. As Director of National Intelligence Dan Coats stated earlier this year, “[t]he 2018 U.S. midterm elections are a potential target for Russian influence operations” and Russia will conduct “bolder and more disruptive cyber operations.”   Senate Intelligence Committee members determined that foreign actors illegally influenced the 2016 presidential election and that something has to be done to stop this from occurring in the future.

Online platforms dwarf broadcast, satellite, and cable providers. The largest internet platform has over 210 million American users. The largest cable provider only has 22 million subscribers – nearly an order of magnitude greater. That is why we introduced the Honest Ads Act earlier this year. Our legislation would apply the same rules to online political advertisements that already exist for traditional media and require digital advertisers to maintain a public record of political ads purchased. By requiring the same rules across all advertising platforms, we can limit foreign attempts to influence our elections, increase transparency in political advertising, and promote greater accountability.

People have a right to know who is behind the information they receive, and in particular who is trying to influence their vote. This necessitates new disclaimer and disclosure requirements for all online advertisements. Primary elections are already upon us and the general election is only 131 days away. Therefore, we encourage you to quickly adopt the strongest possible rule to increase transparency and accountability for online advertisements.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded Senate passage of bipartisan legislation to fund federal programs and build new military construction and facilities under the Department of Veteran Affairs (V-A), the Department of Energy (DOE), and the Department of Defense (DoD). 

On a bipartisan 86-5 vote, the Senate approved the Fiscal Year 2019 appropriations package that covers funding for energy and water development, military construction and veterans affairs (MilCon-V-A), the legislative branch, and all of their related agencies. The bill will now go to conference where it will be reconciled with a version passed by the House of Representatives.

“Despite President Trump’s relentless attempts to drastically cut support for vital programs, this bipartisan bill fulfills the federal government’s commitment to supporting our nation’s military and veterans,” said the Senators. “It puts a stop to the Administration’s misguided efforts to cut or eliminate outright funding for the Appalachian Regional Commission and gut groundbreaking renewable energy R&D at the Department of Energy. It also funds new infrastructure projects that will help improve transportation networks and military facilities in the Commonwealth, and makes new investments to support the cutting-edge research at J-Lab.”

The following list includes many of the provisions Sens. Warner and Kaine advocated for on behalf of Virginia that were included in the appropriations package:

Appalachian Regional Commission: Following President Trump’s attempts to defund ARC, the bill fully funds this successful federal-state partnership by providing $155 million to continue its efforts to increase employment and economic opportunities for those living in Appalachia, strengthen and maintain the region’s infrastructure, and provide additional educational and workforce opportunities for citizens of Appalachia so that they can compete in a 21^st century global economy.

Military Construction: Provides more than $131 million in new construction throughout the Commonwealth. 

• Joint Base Langley-Eustis: Funds nearly $23 million on three projects at the base.
• Forts A.P. and Belvoir: Receive nearly $18 million to build new training facilities.
• Portsmouth Ship Maintenance: Provides $26 million for a ship maintenance shop in Portsmouth, Virginia. 

Both Senators advocated for these projects, and more, when the Fiscal Year 2019 National Defense Authorization Act passed the Senate.

Veterans Affairs: Provides $86.4 billion in funding for the V-A, an increase of $5 billion above fiscal year 2018. The bill would increase funding to several Veteran Health Administration priority areas, including $800 million for electronic health record modernization and $8.6 billion to increase mental health services for veterans. It includes $1.9 billion for homelessness programs like the Supportive Services for Veterans and Families program, which provides assistance to homeless veterans; $196 million to hire V-A mental health providers and increase suicide prevention outreach; $78 billion to help provide high-quality and timely health care services to veterans; $174 million to improve the veteran appeals process; and more than doubles FY18 funds to provide $1.8 billion for the construction of new V-A medical facilities.

Jefferson Lab Nuclear Physics Research: Provides $710 million for nuclear physics research within the Department of Energy’s Office of Science in order to fulfill DOE’s Long Range Plan for Nuclear Science. The funds will enable scientists at labs across the country, including at Jefferson National Accelerator Facility in Newport News, VA, to engage in critical research that will maintain U.S. leadership and preeminence in this field.

Hampton Roads Infrastructure: 

• Army Corps of Engineers Civil Works Projects: Provides $2.3 billion for construction of water infrastructure projects and $3.8 billion for operations and maintenance of existing infrastructure related to harbor maintenance, flood and storm damage control, and aquatic ecosystem restoration. Total funding for the Corps of Engineers is $100 million above the FY2018 enacted level and $2.1 billion above the President’s budget request. 
• Donor and Energy Transfer Ports: Provides $50 million to ensure that ports like the Port of Virginia receive equitable levels of funding to reinvest in and modernize their infrastructure.
• North Landing Bridge: Provides $1.6 million for the Army Corps of Engineers to continue studying the feasibility of replacing the federally-owned North Landing Bridge, which connects Chesapeake, VA, and Virginia Beach, VA. Two years ago, Warner and Kaine were instrumental in securing federal funding to replace a similar Army Corps asset, the Deep Creek Bridge, which was a safety hazard and regional traffic bottleneck.
• Norfolk Harbor: Includes $300,000 to conclude the study phase of – and advance to construction – the deepening and widening of navigation channels in Norfolk Harbor and tributaries, which will allow the largest deep-draft container ships to call on the Port of Virginia. This project, in concert with the expansion and new marine terminal at the Craney Island Dredged Material Management Area (CIDMMA), will be a generational investment in the infrastructure and economic competitiveness of the Port of Virginia.

Other Virginia Water Infrastructure:

•  Hydroelectric Licenses: Extends authorization for hydroelectric projects at John W. Flannagan Dam in Dickenson County, VA, and Gathright Dam in Alleghany County, VA.

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) released a statement after Congress approved the Fiscal Year 2019 National Defense Authorization Act (NDAA):

 “I’m glad that the Senate was able to work in a bipartisan way to improve national security, support our service members, and strengthen defense readiness.  

“Since the Administration has failed to listen to warnings from their own top intelligence officials about the dangers posed by Chinese telecom company ZTE, this legislation includes a bipartisan amendment – which I co-sponsored – to automatically reinstate trade restrictions on ZTE once this bill is signed into law. Importantly, this legislation would also ensure that neither ZTE nor Huawei will be eligible for government contracts in the future. To further prioritize our national security, I also supported the inclusion of a bipartisan CFIUS bill similar to what we passed in the Banking Committee to ensure that foreign investments in the U.S. do not pose a national security risk. I strongly encourage the Administration to consider the strong bipartisan support for these measures in the Senate before taking any hasty actions. Additionally, this bill urges the Secretaries of State and Defense to dedicate all necessary resources to complete its strategy to counter and deter future cyber aggression by Russia.”  

“This bill also funds several critical priorities important to Virginia’s shipbuilding footprint, including the procurement of two Virginia-class submarines. In addition, this bill pushes further action to make long-overdue investments in our nation’s public shipyards, authorizes more than $260 million towards 14 military construction projects across the Commonwealth, and includes a 2.6 percent raise for members of the armed forces. The NDAA also includes important reforms to modernize our antiquated security clearance system and to reduce the 700,000 person background investigation backlog. Although this bill is far from perfect, I commend my colleagues for passing this critical defense package,” said Sen. Warner.  

Included in the NDAA are three provisions championed by Sen. Warner to address the security clearance backlog:

• A provision requiring the Director of National Intelligence to improve information sharing regarding government and contract employees;
• A provision requiring the Director of National Intelligence to provide a report on a clearance-in-person concept to accommodate a more modern mobile workforce;
• And a provision creating a “rocket” clearance for mission-critical positions that can be processed in 15 days for SECRET and 45 days for TOP SECRET.

In addition, the bill includes a bipartisan amendment sponsored by Sen. Warner and Sen. Marco Rubio (R-FL) that would improve access to cybersecurity scholarships for students at minority-serving institutions. With mounting demand across every industry for trained cyber workers, it’s particularly important that we invest now in developing a diverse cyber workforce. 

Added Sen. Warner, “In order to address the nation’s increased cyber threats from foreign adversaries, this amendment will ensure the nation that the U.S. builds a strong and diverse pipeline of future talent to lead the nation’s strategy in the field of cybersecurity.” 

“Norfolk State University is pleased to support this bipartisan proposal to recruit a more diverse pool of students to pursue cyber education,” said Dr. Melvin T. Stith, Interim President of Norfolk State University. “Strong cyber training and knowledge is essential for preparing students to compete and thrive in a 21st century economy. This effort by Senator Warner is a welcome boost to Norfolk State University's ongoing efforts to produce a talented and representative cyber workforce.” 

The amendment is similar to provision offered by Rep. Pete Aguilar (D-CA) that was included in the House-passed version of the NDAA. The text of the amendment can be found here.

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WASHINGTON - U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, has filed several amendments to the FY19 National Defense Authorization Act (NDAA) that will benefit the nation’s overall defense strategy by strengthening our cybersecurity practices and streamlining the security clearance process. 

One of Sen. Warner’s amendments would require the United States to amend the U.S. cyber-doctrine, establishing that the U.S. will respond accordingly should a foreign adversary launch a cyber-attack in order to undermine our elections. Sen. Warner also filed a similar amendment to the NDAA last year. Additional amendments would address the 700,000-person background investigation backlog and modernize an antiquated security clearance system. Suggested provisions include requiring the implementation of specific goals to reduce the backlog, and bringing transparency to the true costs associated with the clearance process. In addition, he has introduced an amendment to provide a fix for federal employees who have, following passage of the GOP’s tax bill last year, been subject to additional taxes after moving for work. 

“The sophisticated cyber effort by Russia during the 2016 presidential election made clear just how unprepared we are as a nation to address cyber threats posed by foreign adversaries. That is why I have offered an amendment that would require a direct response by the U.S. should a foreign adversary attempt to intervene and undermine the integrity of local, state, or federal elections,” said Sen. Warner. “In addition, I have also offered much-needed fixes to streamline and modernize our outdated security clearance process, and address a tax code that leaves many federal workers on the hook for costs associated with relocating for work. I look forward to working with my colleagues to ensure we provide the proper resources and support our military needs in this year’s defense budget.”

Text of Sen. Warner’s amendments is available here. 

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WASHINGTON –U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and a member of the Senate Banking and Finance Committees, today sent letters to Twitter and Google parent company Alphabet, requesting information about any data sharing agreements between the companies and Chinese vendors. The letter follows a disclosure earlier this week by Facebook that the company has partnerships with Chinese telecom companies including Huawei that allow them to access Facebook users’ non-public data. 

“Since at least October 2012, when the House Permanent Select Committee on Intelligence released its widely-publicized report, the relationship between the Chinese Communist Party and equipment makers like Huawei and ZTE has been an area of national security concern. Since then, numerous articles in the tech trade press have focused on concerns by American and allied intelligence agencies that products from Chinese device makers, such as Lenovo, have security vulnerabilities that could allow Chinese intelligence to access data stored on, or transmitted by, devices.  And the New York Times reported in 2016 that firmware found in low-end smartphone devices, such as those of Huawei and ZTE, continually transmitted local data to Chinese severs, potentially for foreign intelligence purposes,” Sen. Warner wrote to the two companies today. 

It is publicly known that Alphabet has entered into strategic partnerships with Chinese mobile device manufacturers, including Huawei and Xiaomi, as well as with Chinese technology platform Tencent. In light of Facebook’s recent revelations, Sen. Warner requested that the company provide information about those partnerships, as well as any other agreements that Alphabet may have entered into with third-party vendors based in China. A similar request was posed to Twitter. 

Sen. Warner’s letter to Alphabet CEO Larry Page is available here. His letter to Twitter CEO Jack Dorsey is available here.  

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, released the following statement after Facebook confirmed the company has data-sharing partnerships with Chinese telecom companies, including Huawei:

“Concerns about Huawei aren’t new – they were widely publicized beginning in 2012, when the House Permanent Select Committee on Intelligence released a well-read report on the close relationships between the Chinese Communist Party and equipment makers like Huawei. The news that Facebook provided privileged access to Facebook’s API to Chinese device makers like Huawei and TCL raises legitimate concerns, and I look forward to learning more about how Facebook ensured that information about their users was not sent to Chinese servers.” 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, joined top Senate Democrats in sending a letter to President Trump outlining conditions for lifting sanctions as part of any deal with North Korea. The new letter comes ahead of the expected summit between President Trump and North Korean leader Kim Jong-un to discuss North Korea’s nuclear weapons program, and specifically lists five principles through which the Senators plan to evaluate any deal the President makes with North Korea. The Senators also say that Congress must act as a check on any agreement that does not live up to these principles by imposing tougher sanctions and oversight and the Trump administration must engage Congress throughout any diplomatic process – both before and after the possible summit - given the magnitude of this effort.

In order to earn the support of these Senate leaders for any deal that provides sanctions relief to North Korea, Sen. Warner and others specifically outlined in the letter to President Trump that a deal with North Korea must:  

1. Dismantle or remove every single one of North Korea’s nuclear, chemical, and biological weapons; 

2. End the production and enrichment of uranium and plutonium for military purposes, and permanently dismantle North Korea’s nuclear weapons infrastructure. This includes the destruction of test sites, all nuclear weapons research and development facilities and enrichment facilities;

3. Suspend all of North Korea’s ballistic missile tests and disable, dismantle and eliminate all of North Korea’s ballistic missiles and programs.  

4. Commit to robust compliance inspections including a verification regime for North Korea’s nuclear and ballistic missile programs. Inspections must have complete access to all nuclear related sites and facilities with real time verification of North Korean compliance.  A separate compliance regime for its chemical and biological weapons that prevents, detects and punishes cheating on the part of North Korea is also necessary.  These compliance regimes must include “anywhere, anytime” inspections and snap-back sanctions if North Korea is not in full compliance;  

5. Be permanent, without any sunsets.

In addition to Sen. Warner, the letter was signed by Senate Democratic Leader Chuck Schumer, Senate Foreign Relations Committee Ranking Member Bob Menendez, Assistant Senate Democratic Leader and Senate Committee on Appropriations Subcommittee on Defense Ranking Member Dick Durbin, Senate National Security Working Group Co-Chair Dianne Feinstein, Senate Appropriations Committee Vice-Chair and Senate Appropriations Subcommittee on State, Foreign Operations, and Related Programs Ranking Member Patrick Leahy, and Senate Committee on Banking Housing and Urban Affairs Ranking Member Sherrod Brown. 

The full text of the letter appears below.

The Honorable Donald J. Trump

President of the United States

The White House

1600 Pennsylvania Avenue, NW

Washington, DC  20500

Dear Mr. President: 

As you prepare for your June 12 meeting with Kim Jong Un, we write to express our desire for a diplomatic solution which provides for the complete dismantlement of North Korea’s nuclear and missile programs, as well as a broader process to address North Korea’s extensive military arsenal and to set the conditions for peace and stability on the Korean Peninsula.  A successful diplomatic agreement with North Korea, along with our allies South Korea and Japan and in cooperation with China, would represent an historic accomplishment for our nation.

It is widely recognized that North Korea has been seeking to develop the ability to launch a nuclear attack against the United States and Kim Jong Un has threatened to do so. In his May 24 testimony before the Senate Foreign Relations Committee, Secretary Pompeo stated that the goal of the administration’s policy is that “we are looking for the complete dismantlement of their weapon systems, the delivery capability associated with that, and all of the elements of their program that would lead them to have material that could be used at some time to build out a weapon system.” 

In order to achieve the goal of the complete, verifiable, and irreversible dismantlement of North Korea’s nuclear weapons and key missile programs, and as you develop your administration’s policy and strategy in advance of your on-again, off-again, and now seemingly on-again meeting with Kim Jong Un in Singapore, we therefore urge you to consider the following principles and goals for U.S. diplomacy and policy with regards to North Korea.

First, any agreement with North Korea must build on the current nuclear test suspension and ultimately include the dismantlement and removal of all nuclear, chemical, and biological weapons from North Korea.  Sanctions relief by the U.S. and our allies should be dependent on dismantlement and removal of North Korea’s nuclear weapons and ballistic missile programs.  Any deal that explicitly or implicitly gives North Korea sanctions relief for anything other than the verifiable performance of its obligations to dismantle its nuclear and missile arsenal is a bad deal.

China, we believe, will continue to play a critical role if North Korea moves to halt, dismantle, and remove its nuclear weapons, and we urge you to maintain a tough approach to China to assure that it, in turn, will do all it can to help secure an agreement and then insist on strict North Korean compliance with such an agreement.

Second, our goal must be the full, complete and verifiable denuclearization of North Korea. This must include the removal of all nuclear weapons and military-related fissile material from North Korea; ending the production and enrichment of uranium and plutonium for military programs; and permanently dismantling its nuclear weapons infrastructure, including test sites, all nuclear weapons research and development facilities, particularly with respect to advanced centrifuges, and nuclear weapons enrichment and reprocessing facilities.  North Korea must also put forward a full, complete and verifiable declaration of all its nuclear activities. Robust restrictions should also be in place to assure that nuclear material, technology, and expertise are not exported, and that North Korea will be unable to attempt to reverse course.

Third, North Korea must continue its current ballistic missile tests suspension, including any space launch. Ultimately, since North Korea’s nuclear weapons program is so advanced, any agreement must include the dismantlement of ballistic missiles and a prohibition on all ballistic missile development. In addition, sufficient safeguards must be in place to assure that no ballistic missiles and associated technology are proliferated or exported.   

Fourth, North Korea must commit to robust compliance inspections including a verification regime for its nuclear and ballistic missile programs.  Inspectors must have complete access to all nuclear-related sites and facilities with real time verification of North Korean compliance.  A separate compliance regime for its chemical and biological weapons programs that prevents, detects and punishes cheating on the part of North Korea is also necessary.  These compliance regimes must include “anywhere, anytime” inspections, including of all non-declared suspicious sites, and snap-back sanctions if North Korea is not in full compliance.

Finally, to be truly complete, verifiable and irreversible, any agreement with North Korea must be permanent in nature.

To be successful in such an ambitious undertaking, our regional allies – in particular the Republic of Korea and Japan – are indispensable to our success.  No concessions should be granted that could undermine our core alliance commitments or our posture in the region. 

We likewise believe, given the complexity of this effort, that the Administration should engage Congress throughout any diplomatic process. To ensure that Congress remains fully informed as negotiations proceed, we would therefore like to work with you and your administration to establish a process for regular and substantive briefings, including classified briefings, on U.S. policy and strategy both prior to your meeting with Kim Jong Un as well as regular briefings thereafter, including full engagement with the Senate Foreign Relations Committee and the National Security Working Group.  Should your administration develop any agreements requiring Senate consideration we of course look forward to working with you to assure appropriate review and disposition in Congress.

Meeting the challenge of North Korea’s nuclear and missile programs, building peace and stability on the Korean Peninsula, and addressing other critical matters, including North Korea’s human rights practices, are issues of longstanding concern to the American people as well as our allies and partners. We believe that Congress therefore has an important role to play in working with the administration to support your efforts and to shape U.S. policy toward North Korea.  However, we also believe that Congress must act as a check on any agreement that does not live up to these principles by imposing tougher sanctions and oversight. Democrats will look to the standards outlined in this letter as we examine whether North Korea should be granted sanctions relief.

We look forward to your thoughts both on the substance of policy and the principles we have outlined, as well as on how to best proceed with establishing a regular and substantive process for congressional engagement and consultation with your administration on these issues.  We look forward to working alongside you in the weeks and months ahead in pursuit of an agreement that effectively addresses the threat of a nuclear-armed North Korea in a manner that enhances the security of the United States, our allies, and the world.

Sincerely,

Robert Menendez

United States Senator

Charles E. Schumer

United States Senator

Richard J. Durbin

United States Senator

Mark R. Warner

United States Senator

Dianne Feinstein

United States Senator

Patrick Leahy

United States Senator

Sherrod Brown

United States Senator                        

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined a group of bipartisan Senators in sending a letter to the Secretary of the Treasury Steve Mnuchin, the Secretary of Commerce Wilbur Ross, and the U.S. Trade Representative Robert Lighthizer, urging the Administration to protect national security interests when negotiating the U.S.-China trade relationship. This comes after President Trump has publicly pledged to lift a seven-year ban on American firms doing business with Chinese telecom company ZTE.

“There can be no question that China seeks to surpass the U.S. both economically and militarily and become the world’s foremost superpower, and neither the Federal Government nor private U.S. companies should aid and abet that effort,” the Senators wrote.  “As such, we implore you to reject any proposal to soften restrictions on the transfer to China of U.S.-made military technologies and advanced dual-use technologies, including semiconductors." 

“We urge you not to compromise lawful U.S. enforcement actions against serial and pre-meditated violators of U.S. law, such as ZTE.  This is particularly critical when the violators are state-owned and -influenced, part and parcel of China’s policies and practices designed to strengthen its own national security innovation base, and essential tools of efforts to spread China’s influence in other countries that pose national security threats to the United States. Export control and sanctions laws should not be negotiable, because fidelity to the rule of law is a key part of what distinguishes the U.S. from a country like China that is ruled by a Communist dictatorship,” the Senators concluded.

As the Vice Chairman of the Senate Select Committee on Intelligence, Sen. Warner has publicly voiced his concern that rolling back trade restrictions on Chinese telecom company ZTE would pose significant national security risks to the United States. Last week, Sen. Warner joined a group of 34 Senators urging President Trump not reverse trade restrictions on ZTE. 

In addition to Sen. Warner, the letter was signed by Sens. Chuck Schumer (D-NY), John Cornyn (R-TX), Dianne Feinstein (D-CA), Marco Rubio (R-FL), Martin Heinrich (D-NM), Steve Daines (R-MT), Susan Collins (R-ME), Mike Rounds (R-SD), John Thune (R-SD), Sherrod Brown (D-OH), Johnny Isakson (R-GA), Roy Blunt (R-MO), Bob Casey (D-PA), Bill Cassidy (R-LA), Ted Cruz (R-TX), Ben Sasse (R-NE), Joe Manchin (D-WV), Chuck Grassley (R-IA), Jack Reed (D-RI), Bill Nelson (D-FL), David Perdue (R-GA), Debbie Stabenow (D-MI), Ron Wyden (D-OR), Tom Cotton (R-AR), Kamala Harris (D-CA), and Angus King (I-ME)

Full text of the letter can be found below.

The Honorable Steven Mnuchin        

Secretary of the Treasury             

U.S. Department of the Treasury   

1500 Pennsylvania Ave., NW     

Washington, DC  20220              

The Honorable Wilbur Ross

Secretary of Commerce              

U.S. Department of Commerce

1401 Constitution Ave., NW     

Washington, DC  20230             

The Honorable Robert E. Lighthizer

U.S. Trade Representative

Office of the U.S. Trade Representative

600 17th St., NW        

Washington, DC 20508

Dear Secretary Mnuchin, Secretary Ross, and Ambassador Lighthizer:

As you work to secure a fair and equitable trading and investment relationship with China for the American people, we write to express serious concerns over reports that China, in the ongoing negotiations, is pushing for access to U.S.-made military technologies and advanced dual-use technologies.  We strongly support these critical negotiations to rebalance the U.S.-China economic relationship, but U.S. national security must remain the paramount consideration.  Therefore, we strongly urge you to reject any proposal by China to loosen existing restrictions on the export or other transfer of these sensitive U.S. technologies.  Any such move would bolster China’s aggressive military modernization and significantly undermine long-term U.S. national security interests.  

We agree with General Joe Dunford, Chairman of the Joint Chiefs of Staff, that within seven years, China will pose the greatest threat to U.S. national security of any nation.  Likewise, we concur with the Department of Defense’s most recent report on “Military and Security Developments Involving the People’s Republic of China,” which states that “China’s military modernization is targeting capabilities with the potential to degrade core U.S. military-technological advantages.  To support this modernization, China uses a variety of methods to acquire foreign military and dual-use technologies . . . .  Several cases emerged in 2016 of China using its intelligence services, and employing other illicit approaches that violate U.S. laws and export controls, to obtain national security and export-restricted technologies, controlled equipment, and other materials.” 

Clearly, the Chinese Communist Party regards these sensitive technologies as essential for China’s military modernization and is accelerating its efforts to acquire such technologies through both legal and illegal means, including cyber theft, civil-military integration policies, coercion through joint ventures with foreign companies, targeted investment, and exploitation of the access of private Chinese nationals to such technologies.  We must guard against such efforts and remain vigilant in protecting our national security innovation base. 

As you know, export controls are designed to protect national security.  The relaxing of these or other technology transfer restrictions would directly contradict and undermine key parts of President Trump’s 2017 National Security Strategy (NSS).  The NSS states that, “China and Russia . . . are fielding military capabilities designed to deny America access in times of crisis and to contest our ability to operate freely in critical commercial zones during peacetime.  In short, they are contesting our geopolitical advantages and trying to change the international order in their favor.”

There can be no question that China seeks to surpass the U.S. both economically and militarily and become the world’s foremost superpower, and neither the Federal Government nor private U.S. companies should aid and abet that effort.  As such, we implore you to reject any proposal to soften restrictions on the transfer to China of U.S.-made military technologies and advanced dual-use technologies, including semiconductors.  We do support a balanced and constructive relationship with China, but one that is clear-eyed about China’s predatory, comprehensive efforts to acquire sensitive technologies that would increase the risk China poses to the United States and our allies in the Indo-Pacific region and elsewhere.  

In addition, we urge you not to compromise lawful U.S. enforcement actions against serial and pre-meditated violators of U.S. law, such as ZTE.  This is particularly critical when the violators are state-owned and -influenced, part and parcel of China’s policies and practices designed to strengthen its own national security innovation base, and essential tools of efforts to spread China’s influence in other countries that pose national security threats to the United States.  Export control and sanctions laws should not be negotiable, because fidelity to the rule of law is a key part of what distinguishes the U.S. from a country like China that is ruled by a Communist dictatorship. 

Thank you for your attention to these concerns. 

Sincerely,

CC:  The Honorable James N. Mattis, Secretary of Defense

        The Honorable Mike Pompeo, Secretary of State

         The Honorable John Bolton, Assistant to the President for National Security Affairs

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WASHINGTON — U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and co-founder of the Senate Cybersecurity Caucus, released the following statement after the White House eliminated the role of Cybersecurity Coordinator on the National Security Council, a position created to harmonize the federal government’s approach to cybersecurity and digital warfare:  

“It’s frankly mindboggling that the Trump Administration has eliminated the top White House official responsible for a whole-of-government cyber strategy, at a time when the cyber threat to our nation is greater than ever. Our adversaries are investing heavily in 21st century cyber warfare capabilities, and if we only view national security through a conventional 20th century lens, we’re going to find ourselves unable to respond to increasingly asymmetric cyber threats down the road.”
 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined a group of 33 Senators calling on the Trump Administration to put American jobs and national security ahead of China. The Senators wrote a letter to the Administration in response to President Trump’s announcement that he has directed the Department of Commerce to look at easing penalties imposed on China-based company ZTE for violations that include selling sensitive U.S. technologies to Iran and North Korea in violation of U.S. sanctions laws.

“Offering to trade American sanctions enforcement to promote jobs in China is plainly a bad deal for American workers and for the security of all Americans,” the Senators wrote. “American workers and companies confront rampant theft of U.S. intellectual property, agricultural policies that disadvantage American farmers, restrictions on market access for U.S. service providers and manufacturers, and mercantilist industrial policies that have cost U.S. workers their jobs.  America’s policies toward China should put American workers, farmers and businesses first, not China’s.”

“We urge you to focus on identifying effective strategies to reshape China’s policy approach in each of these areas, such as through enforceable commitments to eliminate forced technology transfer policies, market distorting subsidies, data localization policies, and foreign investment restrictions, and ensuring nondiscriminatory treatment of U.S. firms in regulatory and other proceedings. Above all, we urge you to remain steadfast in enforcing America’s laws,” the Senators concluded.  

In addition to Sens. Warner and Kaine, the letter was signed by Sens. Chuck Schumer (D-NY), Sherrod Brown (D-OH), Ron Wyden (D-OR), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Ben Cardin (D-MD), Tom Carper (D-DE), Bob Casey (D-PA) , Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Joe Donnelly (D-IN), Dick Durbin (D-IL), Martin Heinrich (D-NM), Amy Klobuchar (D-MN), Patrick Leahy (D-VT), Ed Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Bill Nelson (D-FL), Gary Peters (D-MI), Jack Reed (D-RI), Brian Schatz (D-HI), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Tom Udall (D-NM), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), and Sheldon Whitehouse (D-RI). 

The full text of the letter can be found below:

Dear Mr. President:

Your recent remarks directing Secretary Ross to help ZTE – a Chinese company that has repeatedly sold sensitive U.S. technologies to Iran and North Korea in clear violation of American sanctions laws – call into grave doubt whether this administration will put American jobs and national security first.

If acted upon, your instruction would reverse a law enforcement decision by Secretary Ross to impose a seven-year denial of export privileges on ZTE, setting aside that decision made in the interests of U.S. national security to cushion the employment impact on the Chinese company.  ZTE not only violated US sanctions law but then repeatedly lied about steps it would take to remedy the problems. As Secretary Ross noted when he imposed the order, “ZTE made false statements to the U.S. Government when they were originally caught and put on the Entity List, made false statements during the reprieve it was given, and made false statements again during its probation. ZTE misled the Department of Commerce.  Instead of reprimanding ZTE staff and senior management, ZTE rewarded them. This egregious behavior cannot be ignored.” 

In addition to paying a fine of $1.2 billion, and pleading guilty to knowingly violating U.S. sanctions laws, ZTE agreed to a multi-year denial of export privileges, to be activated if any aspect of the agreement was not met and/or if the company committed additional violations of US export control regulations. Prompted by new violations, Commerce imposed the denial.

America’s national security must not be used as a bargaining chip in trade negotiations.  Offering to trade American sanctions enforcement to promote jobs in China is plainly a bad deal for American workers and for the security of all Americans. Bargaining away law enforcement power over bad actors such as ZTE undermines the historically sharp distinction between sanctions and export control enforcement and routine trade decisions made by the US.

Your order comes as your administration is in the midst of discussions with China to address China’s market-distorting policies and other tactics to undermine key American industries. Beyond appearing to risk American national security, the statement suggests that the administration is not serious about addressing the many economic challenges China presents.  The devastating effects of China’s trade policies are clear.  As your top trade negotiator recognized in his trade report on China less than six months ago, to address the “very serious and harmful problems generated by China’s trade regime”, China must “truly embrace a market-oriented approach, rooted in the fundamental WTO principles of non-discrimination, market access, reciprocity, fairness and transparency.”  There is no evidence that China has agreed to such a shift in approach.

American workers and companies confront rampant theft of U.S. intellectual property, agricultural policies that disadvantage American farmers, restrictions on market access for U.S. service providers and manufacturers, and mercantilist industrial policies that have cost U.S. workers their jobs.  America’s policies toward China should put American workers, farmers and businesses first, not China’s.

We urge you to focus on identifying effective strategies to reshape China’s policy approach in each of these areas, such as through enforceable commitments to eliminate forced technology transfer policies, market distorting subsidies, data localization policies, and foreign investment restrictions, and ensuring nondiscriminatory treatment of U.S. firms in regulatory and other proceedings. Above all, we urge you to remain steadfast in enforcing America’s laws.  

Sincerely,

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