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WASHINGTON – Today on the Senate floor, U.S. Senators Mark Warner (D-VA) and Rob Portman (R-OH) conducted a colloquy to clarify the scope and intent of a provision in the bipartisan Infrastructure Investment & Jobs Act regarding implementing information reporting requirements for cryptocurrency brokers. Portman and Warner discussed how under the bill, a broker is defined as “any person who (for consideration) is responsible for regularly providing any service effectuating transfers of digital assets on behalf of another person.” For tax purposes this means a sale on behalf of someone else.

Warner and Portman noted how the Treasury Department, the nonpartisan Congressional Joint Committee on Taxation and others believe that the current language is clear that the reporting requirements only cover brokers, and would exclude people who are solely involved with validating distributed ledger transactions through proof of work, proof of stake, and other validation methods that will be developed and come to market as the technology evolves, as well as persons solely engaged in the business of selling hardware or software that allows people to access their private keys.

Warner and Portman closed by emphasizing the need to bring clarity and legitimacy for the cryptocurrency industry and to strike the appropriate balance between capturing the promised benefits, and guarding against the potential for serious abuse and creation of a shadow financial system beyond the reach of established rules to combat illicit finance and tax evasion.

A transcript of the colloquy can be found below and a video can be found here:

Senator Portman: “I rise today to clarify the provisions in the underlying bill text that we are working on this evening. 

“As we know cryptocurrency is a digital asset that more and more people are investing in, and we should want that to continue in a healthy and sustainable way. I would like to discuss the provisions in the bill that address information reporting requirements for digital asset brokers.  

“Under IRS rules, sales or exchanges of assets like digital assets give rise to gain or loss in the same manner as sales of securities. Taxpayers who sell stocks or other securities through a broker receive an information return, IRS Form 1099-B, that provides information on the gross proceeds and the basis of those sales. Those information returns are prepared by their brokers or custodians, or other agents involved in the effecting of the sales.

“Today there is a lack of clarity on how these reporting rules apply to digital asset transactions. 

“The underlying bill has two simple provisions to address that.

“The cryptocurrency provision in the bill makes it clearer as to who counts as a broker within this market. Under the bill, a broker is defined as quote ‘any person who (for consideration) is responsible for regularly providing any service effectuating transfers of digital assets on behalf of another person.’ For tax purposes, this means a sale on behalf of someone else.

“The concern has been expressed that some in the cryptocurrency industry who are not brokers would be caught up in this definition. The Treasury Department, the nonpartisan Congressional Joint Committee on Taxation, and others believe that the current language is clear enough that the reporting requirements only cover brokers. The purpose of this discussion is to further clarify that is the actual intent of the underlying bill. I think that’s important. That’s the goal we had in our discussions over a compromise amendment, but unfortunately we have been unable to consider and adopt that amendment thus far in this debate.

“Some of us were on this floor today, including Senator Lummis, Senator Warner, Senator Toomey, and myself to try to get that amendment passed and we were not able to do so. 

“The purpose of this provision is not to impose new reporting requirements on people who do not meet the definition of brokers. For example, if you are someone who is solely involved with validating distributed ledger transactions through proof of work – commonly known as miners – if you are solely mining, you will not be considered a broker. The same would be true for proof of stake validation, and other validation methods, now or in the future, associated with other consensus mechanisms that are developed and might come into the market as the technology evolves. If you’re solely staking your digital assets for the purpose of validating distributed ledger transactions, you will not be considered a broker. 

“We want to be sure that miners and stakers and others who play a key role in validating transactions now or in the future, or hardware and software sellers for digital wallets will not be subject to the rules for those activities. Again, you will need to provide the information reporting only if you are functioning as a broker. 

“It is my understanding that that is true. And I ask my fellow Finance Committee member and colleague from the bipartisan working group, Senator Warner, if this is his understanding as well.” 

Senator Warner: “I thank my friend, the Senator from Ohio, who has been such a leader on the underlying bill and who I have been proud to work on this clarification with on this critical issue around cryptocurrencies. 

“I thank the Senator, who is correct in his understanding. I would also like to add some additional clarifications. The bill ensures that digital asset market players who provide a platform to facilitate digital asset trades by taxpayers will be considered brokers required to report information to the IRS and taxpayers about those transactions. Reporting entities may be digital asset exchanges or hosted wallet providers, often called custodians, or other agents involved in effectuating digital asset transactions. 

“The bill recognizes that digital assets are different from stocks and bonds. For example, some taxpayers regularly transfer digital assets between digital asset exchanges, or to an off-exchange wallet and then back to an exchange. Those taxpayers need information returns that link the steps in those chains so they have the complete information they need to prepare their tax returns. 

“This bill treats digital asset businesses that (for consideration) regularly effect transfers of digital assets as brokers, and provides for reporting of digital asset transfers to or by a broker, including in cases where a transfer is not directly from one broker to another. 

“Senator Portman, do you have anything further to add on this item?”

Senator Portman: “Well first of all, I appreciate the clarification, to my colleague from Virginia. And Senator Warner, you are correct in your understanding.

“I would also ask Senator Warner to clarify the intent of our proposal with respect to the application of the bill to persons solely engaged in the business of validating distributed ledger transactions through proof of work, often called miners. Am I correct that under our provisions it is our understanding that Treasury and the IRS will not treat these miners as brokers?” 

Senator Warner: “The Senator is entirely correct in his analysis of the application of the bill, and further, I believe, and the Treasury has indicated, that this would also be true for individuals engaged in staking their digital assets for the purpose of validating distributed ledger transactions – proof of stake – which we know to be much more environmentally sustainable. It would also be true for other validation methods associated with other consensus mechanisms, some of which are just coming to market, while others are still in developmental stage. People who solely act to validate transactions will not be treated as brokers for those validation activities.”   

Senator Portman: “I would ask Senator Warner to clarify the intent of the Senate in this legislation with respect to persons solely engaged in the business of selling hardware or software that allows people to access their private keys. Am I correct that these persons would not be treated as brokers under the underlying legislation?”

Senator Warner: “I think the Senator has asked a question that has been queried by a number of folks in the media and elsewhere. The Senator is entirely correct in his analysis of the application of the bill. Those persons who do not effectuate transfers of digital assets and therefore would not be treated as brokers. If you are selling hardware or software for which the only function is to permit persons to control private keys which are used for accessing digital assets on a distributed ledger, you will not be considered to be in the business of being a broker.

“I also want to say a word about the bipartisan amendment that I worked on with Senators Portman, Sinema, Toomey, and Lummis. I am pleased that we were able to file it today, and I would have hoped that we would have gotten a vote. But I thank them for their diligence and hard work to clarify, in concert with the Treasury Department, this critical section of the bill. 

“We want to ensure that taxes legitimately owed are paid, and full and accurate transaction reporting is a proven way to make that happen. We don’t, however, want to place reporting requirements on individuals who shouldn’t have them. 

“The amendment memorializes the common understanding that the requirements are to apply only to persons who regularly, and for consideration, effectuate transfers of digital assets. Persons solely engaged in validating distributed ledger transactions will not be covered for those activities, whether they use proof-of-work, proof-of-stake, or some other new consensus mechanisms. Nor will they apply to persons solely engaged in selling hardware or software with the sole function of permitting someone to control private keys used to access digital assets.

“Of course, if these entities provide additional services for consideration that would qualify as brokerage, the rules would apply to them as any other broker. 

“This is exciting new technology that in theory could help bring services to the underserved and reduce costs for everyone. We need, however, to strike the appropriate balance between capturing the promised benefits, and guarding against the potential for serious abuse and creation of a shadow financial system beyond the reach of established rules to combat illicit finance and tax evasion.”

Senator Portman: “I thank my friend and colleague from Virginia for those comments. Our provisions are designed to bring more clarity and legitimacy to the cryptocurrency industry by more closely aligning the reporting requirements with those of more traditional financial services. And we believe it does just that, and in doing so will help provide more certainty for people looking to invest in digital assets.

“I thank my colleague Senator Warner for coming to the floor to discuss this important provision.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) took to the Senate floor today to highlight how communities throughout Virginia stand to benefit from the bipartisan infrastructure legislation that will soon face a vote on the Senate floor. The legislation – authored and negotiated by Sen. Warner and nine other senators from both sides of the aisle – will make once-in-a-generation investments in infrastructure that will be felt throughout Virginia.

For the Hampton Roads region, Sen. Warner highlighted: Hampton Roads, Southeast Virginia, and the Peninsula [are] most at risk from sea level rise and questions about resiliency. More than any other region in the whole country, with the exception of New Orleans. In Hampton roads, local leaders, our Navy, nonprofits, and businesses have all come together and said, ‘We need to make sure that we grapple with sea level rise.’ It is ranked by most in those communities as the number one issue. Well, if we pass this legislation, $47 billion will go into sea level rise prevention and resiliency. That will mean a whole host of projects in Norfolk, in Portsmouth, in Virginia Beach, in Chesapeake will be finally addressed. We've got to make sure that Hampton Roads is not subject to this kind of devastating effect of sea level rise.”

Sen. Warner also detailed how the funding could help expand rail into South Hampton Roads, upgrade the Port of Virginia, and repair roads and bridges, and finish the I-64 widening project.  

For the Richmond area, Sen. Warner highlighted: “Richmond has got one of the most aggressive bus transit systems – not only in Virginia but in the whole country. We have made huge investments, close to $40 billion in transit in this legislation, and some of the Richmond bus transit needs will be addressed. We also know in the Richmond area, and across the Commonwealth, we have a lot of airports. One of the things we need to continue to do is invest in our airports. Richmond International Airport is always in need of additional expansion. $25 billion to improve our airports across the country – the Richmond airport, the Norfolk airport, the Newport News airport, obviously, the Roanoke airport and others, Dulles, National, will be improved as well as the host of smaller regional airports across the Commonwealth if we make this investment.”

For Northern Virginia, Sen. Warner highlighted: “I’m very proud, that in working with Tim Kaine and the senators from Maryland, we made sure this legislation included a full eight-year reauthorization of our Metro system. We made sure that we’re making record investments in transit so that we can get Metro back up operating again on a full schedule and we can make the needed safety improvements that have been plaguing Metro for a number of years. We also know that we’ve got to continue to build out additional Metro stations in Northern Virginia. The one at Potomac Yards will be extraordinarily important to the innovation center and Amazon’s second headquarters.

“We've got to make sure as well because Metro is moving to zero-emission buses. That's good news for our climate and for our community. The question is where are those zero-emission buses going to be built? This legislation as well makes record investment in electric and other low-carbon and no-carbon buses so they can be built here, not in China.” 

Sen. Warner also detailed how the funding could help advance the Longbridge project, make dramatic improvements to the VRE, and reduce traffic on Route 1. 

For Roanoke, the Valley, and Southside Virginia, Sen. Warner highlightedFor years, we have been talking about the danger on I-81. Literally, there have been prayer groups formed to pray for people who would travel on I-81 because there is so much truck traffic there that it has frankly impeded the safety of the traveling public. We have been talking about making improvements and expansions to I-81 capacity for 20 years. We have been talking about ‘how do we get the trucks off of I-81? How do we bring more rail down to Southwest and Southside?’ Well, if we pass this legislation, we will see those I-81 corridor improvements that we have all been waiting for. We will see rail not only go to Lynchburg and Roanoke but extend on down to Blacksburg and Christiansburg and hopefully all the way down to Bristol. This is terribly important to make sure that those communities have a multimodal form of transportation opportunities. Making sure we get those trucks off of I-81 – something we have been talking about for a long time. We increase the rail capacity, both freight and passenger, we'll be able to do that.  

“We also know in Southside and Southwest post-COVID, that high-speed internet connectivity is not a nice-to-have, but an absolute necessity. A top priority of mine as somebody who spent more years in the telecommunications industry than I have in politics, is to make sure that we make those connections. This historic legislation will invest $65 billion for broadband. That investment, building on governor Northam's $700 million investment from Virginia’s American Rescue Plan funds, will make sure that every household across the Commonwealth has access to high-speed internet connectivity, not five years from now or ten years from now, but in the next couple of years.”

For Southwest Virginia, Sen. Warner highlighted: “Across Southwest Virginia, and for that matter, across all of Virginia, we still have families in far Southwest that don't have access to clean drinking water on a regular basis, that still have to sometimes haul their water in the back of a pickup truck up to some cistern; they don't have access to clean drinking water in 2021. Well, $55 billion will go to water projects in this legislation, and whether they be accessed through clean drinking water on a regular basis, or whether it be taking out the lead pipes that haunt too many of our urban communities, or the storm and sewer systems that are frankly, in some cases, 60, 70, 80 years old and simply wearing out, we can make that investment as well.

“Now, there are a series of other areas in this legislation that are equally important, but at the end of the day, I can't think of a bill that I have worked on that will have more direct effect on the lives of every Virginian over the next five years – in terms of how you get to work, how you get to school, how you manage to take the kids out on the weekends, how our commerce moves, how we get our water, how we get our internet – than this record-setting $550 billion bipartisan investment in infrastructure.”

Concluded Sen. Warner, “We have talked about this for 30 years. We are literally days away from this passing the United States Senate. We've got to finish the job and get it done.”

The floor speech in its entirety is available here.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Intelligence Committee, took to the Senate floor today in support of the United States Innovation and Competition Act, bipartisan legislation that includes Warner-led provisions to foster U.S. innovation in the race for 5G and shore up American leadership in the microelectronics industry. This speech comes one day after the Senate reached a bipartisan deal with a procedural vote to move forward with the legislation.

The United States Innovation and Competition Act – also known by an earlier name, the Endless Frontier Act – would help invest in domestic semiconductor manufacturing, packaging and advanced research and development by investing $52 billion to implement the CHIPS for America Act, a bipartisan law championed by Sen. Warner to help restore semiconductor manufacturing back to American soil. Semiconductors power modern technology, including cars, computers, smartphones and an increasing number of internet-connected ‘smart’ devices as varied as laundry machines to toothbrushes. A current production shortage of chips has backed up manufacturing supply lines in the United States, with major automobile manufacturers projecting $110 billion in lost sales this year due to factories sitting idle while waiting for components, and increased costs for goods such as televisions and home appliances dependent on imported semiconductors being passed on to U.S. consumers. Demand for semiconductors is expected to continue to grow, as internet connectivity and software processing is added to an ever-wider array of consumer, enterprise, and industrial products, services, and systems.

The semiconductor industry, while we’ve seen some sliding, still represents one of the shining lights of our country’s innovation economy. And as a wider array of products and services depend on internet connectivity and software processing, the demand for semiconductors has only grown. Unfortunately, that leadership position we’ve had for so long is at stake,” said Sen. Warner on the floor of the U.S. Senate. So the CHIPS Act, which was baked into the Endless Frontiers Act, directs agencies like the Department of Commerce, in consultation with others like our Intelligence Community, to make investments in microelectronics R&D a priority.”

He continued, “It emphasizes the need for multilateral effort with our allies and close trading partners to bring greater transparency and accountability to subsidies. It alignspolicies towards non-transparent, non-market competitors like the Chinese, and it makes sure that we have concerted and coordinated action both domestically and again, with our allies, on supply chain security and integrity. It invest billions in basic research related to advanced semiconductors, via DoD and a newly created National Semiconductor Technology Center – helping us maintain our lead in the design, prototyping, lithography and packaging of advanced microelectronics. And it makes an unprecedented investment in trying to build new foundries, fabs, and basic manufacturing facilities here in the United States so that we have that secure supply chain for the future.”

This crucial provision comes as the U.S. faces a decline in R&D and advanced manufacturing, including in advanced chip manufacturing. As Sen. Warner noted on the Senate floor, U.S. production of semiconductors and microelectronics has gone down from 37 percent in 1990 to just 12 percent today. By contrast, China has committed to invest $150 billion and produce at least 70 percent of semiconductors it consumes by 2030.

The United States Innovation and Competition Act also includes funding for the bipartisan Utilizing Strategic Allied (USA) Telecommunications Act, legislation Sen. Warner introduced to provide Western-based alternatives to Chinese equipment providers like Huawei and ZTE, which are heavily subsidized by the Communist Party of China and present serious risks to national security and the integrity of information networks globally. 

“I was proud to work with two of my colleagues, Senator Burr and Senator Rubio. We put up a Public Wireless Supply Chain Innovation Fund to spur movement towards open-architecture and ‘leap-ahead’ technologies in our domestic mobile broadband market,” said Sen. Warner. “I believe that so-called ‘Open RAN’ represents the single best approach to tackling the 5G challenge – opening the radio access network to competition from a wider array of players, including startups, non-traditional players like software companies, and enterprise networking companies. That approach plays to U.S. strengths like software and network virtualization. And it means we have a wider set of firms – including American firms with healthier balance sheets – competing against Huawei. Because one thing that’s been clear over the past two Administrations: Our anti-Huawei message won’t work unless the U.S. proposes lower-cost Western alternatives.”

With the U.S. funding less than 28 percent of global R&D – down from 69 percent after World War II – the Warner-led provision would put forth $1.5 billion to invest in Western-based alternatives to Chinese equipment providers and $500 million to work with close allies and trading partners on the development and adoption of secure and trusted wireless infrastructure globally.

Sen. Warner’s remarks as prepared for delivery are available below:

I rise today in support of the Endless Frontier Act – a long-overdue bipartisan effort to invest in our country’s innovation and competitiveness. 

I am pleased to see Congress finally taking action to shore up U.S. investment in the research, development, and manufacturing of critical technologies. 

Without intervention, China will continue to outpace and outperform us in the global technology race – impacting our country’s economic well-being, our global influence, and our national security.

In recent years, China has rapidly ramped up investment in its domestic industries – and particularly in areas that confer long-term strategic influence.    

For instance, China consistently increases its investment in the semiconductor industry, with a commitment to invest $150 billion and a goal to produce at least 70 percent of semiconductors it consumes by 2030.

And this is a global competition: South Korea, for instance, has pledged to invest over $130 billion over the next 9 years, while training 36,000 new microelectronics engineers and technicians.  And Germany and 18 other EU members announced investments of up to $60 billion in key hardware like semiconductors over the next few years.

By contrast, over the past 10 years only 17 major semiconductor fabs have been built in the U.S. – while we’ve seen over 122 built elsewhere. In absolute terms, we’ve actually seen the number of facilities in the U.S. decline – going from 81 production facilities a decade ago to 76 today.  And as a country we’ve gone from a 37% share of semiconductors and microelectronics production in 1990 to just 12% today.

In part, this is because the cost of new fabs is 25-50% higher in the U.S. – a delta, in major part, attributable to the significantly lower financial incentives government provides in the U.S. for new construction compared to in competing locales. 

And for its part, China doesn’t plan on taking its foot off the pedal any time soon. Last year, President Xi Jinping announced a $1.4 trillion commitment through 2025 to develop advanced technologies like next-generation wireless networks and artificial intelligence.  Technologies that will undergird entire ecosystems of innovation, commerce, and communications.

US semiconductor firms - and firms in the adjacent areas of lithography, packaging, and metrology – still lead the world. However, many of the key ingredients to our success… including federal support for R&D, investment in basic research, and support for advanced manufacturing… have declined over the last 20 years.

Simply put, we are just not keeping up.

Between 1995 and 2018, Chinese R&D investment increased by over 15 percent per year on average, compared to the United States, which averaged just over 3 percent growth per year over the same period.  

Despite once championing investment in R&D and technological advancements, we are losing ground.

After World War II, the United States funded 69 percent of annual global R&D. Today, we fund less than 28 percent, with only 7 percent going to non-defense technologies like wireless communications.

To get back to where we once were and reassert US technology leadership, we need to re-prioritize foundational technologies to maintain not just our country’s economic leadership, but to ensure that countries with inconsistent values and objectives aren’t able to leverage control over these foundational technologies in worrisome ways.

As Chairman of the Senate Select Committee on Intelligence, I have long been banging the drum about the ways that the PRC has taken advantage of what makes our country and our economic system so great – our openness, our transparency, our technology, and our free markets. 

The Chinese government, unfortunately, plays by a different set of rules.

The Chinese government is using all aspects of its society to increase China’s dominance– using all means at its disposal to establish its position as the world’s technology leader – often with opaque subsidies and financing that dramatically tilt the playing field towards Chinese vendors.

And unfortunately, for too many of these trading partners, the deal is simply too good to turn down… in part, because we haven’t worked, either on our own or better yet with our close allies, to offer a secure, competitively-priced alternative. 

That’s why this bill is so important. It includes funding for the bipartisan Utilizing Strategic Allied (USA) Telecommunications Act, which fosters U.S. innovation in the race for 5G by providing $1.5 billion to invest in Western-based alternatives to Chinese equipment providers like Huawei and ZTE, and $500 million to work with close allies and trading partners on development and adoption of secure and trusted wireless infrastructure globally.

This is a bill I was proud to work on with my colleagues, Senator Burr and Senator Rubio.

And it would stand up a new Public Wireless Supply Chain Innovation Fund – to spur movement towards open-architecture, software-based wireless technologies, funding innovative, “leap-ahead” technologies in the domestic mobile broadband market.

I believe that so-call “Open RAN” represents the single best approach to tackling the 5G challenge – opening the radio access network to competition from a wider array of players, including startups, non-traditional players like software companies, and enterprise networking companies.

That approach plays to U.S. strengths like software and network virtualization. And it means we have a wider set of firms – including American firms with healthier balance sheets – competing against Huawei.

Because one thing that’s been clear over the past two Administrations: Our anti-Huawei message won’t work unless the U.S. proposes lower-cost Western alternatives. 

Crucially, this bill also, invests in domestic semiconductor manufacturing, packaging and advanced R&D, with a $52 billion investment in the CHIPS for America law we enacted last year as part of a bipartisan effort by Senator Cornyn, Senator Schumer, Senator Cotton and me.

The semiconductor industry represents one of the shining lights of our country’s innovation economy. And as a wider array of products and services depend on internet connectivity and software processing, the demand for semiconductors has only grown. Unfortunately, experts note that the U.S. lead over China is shrinking each year.

The Endless Frontier Act would serve as a major step in shoring up American leadership in the microelectronics industry. 

It directs – and empowers – key agencies like the Department of Commerce to make investments in microelectronics R&D a priority. 

It emphasizes the need for multilateral effort with our allies and close trading partners – bringing greater transparency and accountability to subsidies… aligning policies towards non-transparent, non-market competitors… and underlining the need for concerted action on supply chain security and integrity.

It invest billions in basic research related to advanced semiconductors, via DoD and a newly created National Semiconductor Technology Center –helping us maintain our lead in the design, prototyping, lithography and packaging of advanced microelectronics. 

And it makes an unprecedented investment in advanced manufacturing, with a focus on building new, advanced fabs in the United States to ensure a resilient and secure supply chain for the future. The $39 billion we provide in the form of investment incentives will mean that 7 to 10 new fabs are built here in the U.S. – something that will help ensure we never face the devastating supply chain constraints across a wide array of industries … from automotive to aerospace, biomedical, and other important sectors … that we have seen in the last year, stemming from a shortfall in semiconductor production. 

The Endless Frontier Act serves as a once-in-a-generation opportunity to solidify U.S. leadership in science and tech innovation, strengthen our national security, and reinvigorate American ingenuity.

I urge my colleagues on both sides of the aisle to join me in meeting this challenge and investing in America’s competitiveness.  

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) spoke on the Senate floor in support of Sen. Tammy Duckworth’s (D-IL) resolution honoring the sacrifice of military servicemembers, veterans, and Gold Star families following reports that President Trump has repeatedly disparaged their service to our country.

In a speech on the floor of the U.S. Senate, Sen. Warner said, I rise today to express my support for Senator Duckworth’s resolution, honoring the service and sacrifice of members of the US Armed Forces and our veterans. The resolution rightly criticizes President Trump for a series of statements and actions, which have denigrated our men and women in uniform, our veterans and our institutions. Service and sacrifice run deep among my constituents in the Commonwealth of Virginia. With 130,000 active duty members living in Virginia, the Commonwealth has one of the highest populations of military personnel in the nation. And Virginia is home to more than 700,000 veterans – men and women who have displayed the highest level of selfless service while defending this country, who have endured hardship, and who have put country above self.”

He continued: “Remember how President Trump ridiculed the Gold Star parents of Army Captain Humayun Kahn, who died in June 2004 from an IED in Iraq. Or his comments, questioning whether Senator John McCain should be called a hero. And his recent comments that our top officials at DoD want to continue fighting wars to make defense contractors happy. Whether it’s pardoning and excusing those in uniform who commit war crimes, or not standing up to President Putin in defense of our troops when reports emerge that bounties have been offered for killing members of the Armed Forces. Whether it’s deploying our military in response to peaceful protests, threatening to politicize and divide our military from civilian society, the President is on the wrong side of honoring our servicemembers. These actions and statements are an affront to everyone who serves or has served. They are unacceptable and unpresidential.”

In 2018, Sen. Warner and Sen. Tim Kaine successfully pushed a bill into law that renamed a Charlottesville post office as the “Captain Humayun Khan Post Office.” U.S. Army Captain Humayun Khan, a graduate of the University of Virginia, was born on September 9, 1976, and died on June 8, 2004, while in service to his country during Operation Iraqi Freedom. He was killed by an improvised explosive device outside of his base in Baqubah, Iraq. His efforts that morning saved the lives of more than one hundred soldiers.

 

The full text of Sen. Warner’s remarks as prepared for delivery appears below:  

I rise today to express my support for Senator Duckworth’s resolution, honoring the service and sacrifice of members of the US Armed Forces and our veterans. 

The resolution rightly criticizes President Trump for a series of statements and actions, which have denigrated our men and women in uniform, our veterans and our institutions.    

Service and sacrifice run deep among my constituents in the Commonwealth of Virginia. With 130,000 active duty members living in Virginia, the Commonwealth has one of the highest populations of military personnel in the nation.     

And Virginia is home to more than 700,000 veterans – men and women who have displayed the highest level of selfless service while defending this country, who have endured hardship, and who have put country above self.  

I am proud to call these American heroes my constituents, as well as my neighbors.  And I am humbled to represent and serve them in Congress. I am thankful to them for protecting this great country.  

President Trump, again and again, has made disrespectful remarks about servicemembers, veterans and military leaders despite being Commander in Chief.   His name-calling and disdain for the value of service is divisive, dangerous and frankly, appalling. 

Remember how President Trump ridiculed the Gold Star parents of Army Captain Humayun Kahn, who died in June 2004 from an IED in Iraq.  Or his comments, questioning whether Senator John McCain should be called a hero. And his recent comments that our top officials at DoD want to continue fighting wars to make defense contractors happy.

Whether it’s pardoning and excusing those in uniform who commit war crimes, or not standing up to President Putin in defense of our troops when reports emerge that bounties have been offered for killing members of the Armed Forces.  

Whether it’s deploying our military in response to peaceful protests, threatening to politicize and divide our military from civilian society… 

The President is on the wrong side of honoring our servicemembers.

These actions and statements are an affront to everyone who serves or has served.  They are unacceptable and unpresidential.

Let us stay focused on what matters in this country. Let’s stay united. We need to ensure we are expressing, each and every day, how thankful we are to those who serve for protecting the freedoms we hold dear.

I thank Senator Duckworth for the introduction of this resolution, and more so, I thank her for her dedicated and exemplary military service to our country.

It is my hope that my colleagues in the Senate will recognize the mistakes made by our Commander in Chief when addressing the heroes of our military and our nation’s veterans. 

Thank you. I yield back. 

 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) took to the Senate floor today to draw attention to the plight of Vietnam-era veterans who are struggling to get veterans benefits for illnesses related to toxic herbicide Agent Orange. In his speech, Warner called on the Trump Administration to reverse its decision to block an expansion of approved Agent Orange–related conditions that automatically qualify a veteran for benefits.

According to documents obtained by the Military Times, in early 2018 White House Office of Management and Budget (OMB) Director Mick Mulvaney blocked a request by then-Secretary of Veterans Affairs David Shulkin to add three medical conditions (bladder cancer, Parkinson’s-like symptoms and hypothyroidism) to the list of approved Agent Orange–related conditions. The documents reveal that an estimated 83,000 veterans would have been made eligible for coverage if the decision had gone through.

“There is more than enough evidence to expand the list of Agent Orange–related conditions. We should be thanking these veterans for their service, not nickel and diming them,” said Sen. Warner on the Senate floor. “I urge my colleagues to listen to the veterans in their states. And I urge the White House to let the V-A provide these veterans with the benefits they’ve earned.”

In his remarks, Warner also shared the stories of two Hampton Roads veterans, William Badgett and Sam Harvey, and one Richmond-area veteran, Dorman Watts of North Chesterfield, VA. In recent months, Sen. Warner’s office has helped these veterans with their Department of Veterans Affairs (V-A) claims related to Agent Orange.

“My office hears regularly from veterans facing health problems like prostate cancer… like Parkinson’s… and other conditions that have been linked to Agent Orange. Time and again we hear how the V-A tries to deny benefits on the basis of a technicality,” continued Sen. Warner. “Mr. President, this is just not right. Unfortunately, this administration is far from the first to ignore the evidence about Agent Orange in order to save a few bucks.”

From 1962 to 1975, the U.S. Military sprayed over 20 million gallons of Agent Orange across Vietnam, Cambodia, and Laos. This toxic chemical had devastating health effects on millions of American service members in Southeast Asia, as well as to the civilians who were exposed. In 1991, Congress passed a law requiring the Department of Veterans Affairs to provide presumptive coverage to all Vietnam veterans with illnesses that the Institute of Medicine has directly linked to Agent Orange exposure, including those who were stationed on ships off the Vietnamese coast, also known as Blue Water Navy veterans. In June, the President signed into law the Blue Water Navy Vietnam Veterans Act, a Warner-sponsored bill that ended the exclusion of these “Blue Water” veterans. This bipartisan legislation clarified the existing law so that Blue Water Navy veterans will be granted V-A coverage equitable to those who are already covered.

Congress is poised to vote on appropriations legislation this week that will provide $153.6 million to fund the V-A’s implementation of the Blue Water Navy Vietnam Veterans Act.  That funding package also includes language requiring the V-A to report to Congress within 30 days 1) the reason for the two-year delay in expanding the presumptive list; 2) a cost estimate for adding new diseases; and 3) the date the VA plans to implement a decision.

 

Sen. Warner’s remarks as prepared for delivery can be found below:

Mr. President, I rise today to draw attention to a group of veterans who served this country decades ago, but who continue to suffer to this day as a result of their service. I’m talking about the hundreds of thousands of veterans who were exposed to Agent Orange during their service.

From 1962 to 1975, the U.S. sprayed over 20 million gallons of Agent Orange across Vietnam, Cambodia, and Laos.

Millions of our service members, not to mention Vietnamese civilians, were exposed.

Fifty years later, hundreds of thousands of Vietnam-era veterans are still paying the price.

From the start, the federal government has tried to slow-walk attempts to cover the care these veterans earned. It wasn’t until 1991 that the VA recognized the connection… between Agent Orange exposure and several diseases and conditions, finally allowing these veterans to seek medical treatment from the VA.

Currently the list of conditions recognized by the VA stands at 14. But the science tells us that the list is far from complete.

In 2017, then-Veterans Affairs Secretary Shulkin called for three more conditions to be added to the list: bladder cancer, underactive thyroid, and Parkinson’s-like symptoms.

Now, these weren’t randomly chosen. They were conditions found by the National Academy of Science… to be connected to Agent Orange exposure.

The science was there, the VA was there. Yet, the White House and OMB Director Mick Mulvaney have blocked this effort to expand the list of conditions. 

Do you know what the deciding factor was? It wasn’t the scientific evidence. It wasn’t the advice of VA doctors.

No, Mr. Mulvaney decided that the cost of providing care to 83,000 veterans suffering from these conditions was just too high.

And for that, Mr. President, this administration turned its back on 83,000 veterans who answered the call to serve.

Unfortunately, this is just the latest example of the federal government trying to avoid paying for the care…of men and women our nation sent to war. My office hears regularly from veterans facing health problems… like prostate cancer… like Parkinson’s… and other conditions that have been linked to Agent Orange.

Time and again we hear how the VA tries to deny benefits on the basis of a technicality.

Mr. President, this is just not right. Unfortunately, this administration is far from the first to ignore the evidence about Agent Orange in order to save a few bucks.

I want to share a few stories from my state of Virginia, which more than 204,000 Vietnam-era veterans currently call home. In many cases, veterans who were exposed to Agent Orange have been fighting multiple administrations to get these life-or-death benefits that they earned decades ago.

One veteran, William Badgett, of Hampton, Virginia, was exposed to Agent Orange during his service in Vietnam with the Army.

He was in the 101st Airborne, 1st cavalry… where he served as a helicopter mechanic and supply sergeant. He has been diagnosed with a number of health conditions, including enlarged prostate, osteoporosis, kidney disease, and hardened arteries – none of which are on the VA’s presumptive list.

While the VA considers prostate cancer to be on the list, Mr. Badgett’s enlarged prostate is not presumed by the VA… to be connected to his exposure to Agent Orange… because it is not cancer.

Sam Harvey from Newport News, VA was exposed to Agent Orange during the Vietnam War.  He served in the U.S. Navy from 1966 to 1970 aboard the USS Constellation. 

He was diagnosed with aggressive prostate cancer. Yet despite prostate cancer being on the presumptive list, he has struggled to get VA approval for the treatment he needs.

Finally, I want to talk about Dorman Watts from North Chesterfield, VA, a Vietnam veteran, who has struggled for years…to get the disability rating from the VA… that would qualify him for comprehensive healthcare from the VA. 

He has prostate cancer and heart disease and is currently undergoing radiation treatment from a private provider. 

Mr. President, this is unacceptable. That’s why I’m glad that Congress included important accountability measures, as part of the defense appropriations legislation we passed this week.

Finally, after years of reluctance, years of ignoring the science, these veterans are going to get some answers about the conditions that resulted from their service.

Mr. President, there is more than enough evidence to expand the list of Agent-Orange-related conditions. We should be thanking these veterans for their service, not nickel and diming them.

I urge my colleagues to listen to the veterans in their states. And I urge the White House to let the VA provide these veterans with the benefits they’ve earned.

Thank you, Mr. President.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) took to the Senate floor today to highlight a number of Virginians with preexisting conditions who will be affected if the Senate neglects to overturn a Trump Administration waiver rule that destabilizes our health insurance market, weakens protections for Americans with preexisting conditions, and increases costs for millions Americans with quality health plans.

Today’s floor speech comes in advance of a move by Sen. Warner, who will use a legislative maneuver to force an up-or-down vote in the Senate next week, putting every Senator on the record as to whether they stand with Americans with preexisting conditions, or with the Trump Administration in its effort to undermine our nation’s health care system.

“For the last three years, this President has used every tool at his disposal to try to undermine the ACA. He tried to repeal it twice through Congress. When that failed, the Administration joined a lawsuit that would strike down the ACA with no plan to replace it. The truth is, this Administration is unfortunately actively working to destabilize the insurance market,” Sen. Warner said on the Senate floor. “One way the Administration is attempting to undermine the ACA is with these so-called “short-term” plans. Thanks to this administration, these “junk” plans allow insurance companies to once again discriminate against Americans with preexisting conditions. Make no mistake: these plans are a threat to the stability of the insurance market and to every American with a preexisting condition.”

“Madam President, I fear some members of this body have forgotten what it was like before the Affordable Care Act when an unexpected surgery or a diagnosis of a chronic illness could mean a one-way ticket out of the middle class. Unfortunately, this is not a hypothetical. Recently one of my constituents, a man named Jesse, received a $230,000 medical bill for his back surgery. Unbeknownst to him he had purchased a plan that he thought would cover this, but this plan was unfortunately a junk plan that considered his back injury as a preexisting condition,” he continued. “Jesse is one of the more than 3 million Virginians with a preexisting medical condition. I’ve got 3 daughters. Two of my three daughters have preexisting medical conditions that would not be covered under these junk plans. And today I want to share some of those stories to remind my colleagues of what real people will face if we allow this Administration to continue dismantling these protections that folks count on.”

In his floor speech, Sen. Warner shared several stories from Linda in Warren County; Mindy in Henrico; Sharon in Norfolk; Justine in Loudoun County; Katherine in Blacksburg; Michael in Abingdon; James in Danville; and Lynn in Lynchburg.

In July, Sen. Warner led the entire Democratic caucus in introducing the Protect Pre Existing Conditions Congressional Review Act (CRA) resolution, which, if approved, would roll back a Trump Administration waiver rule that undermines our nation’s health care law and threatens protections for Americans with preexisting conditions. Last month, Sen. Warner successfully filed a discharge petition to bring the CRA resolution to the floor for a vote.  

The Trump Administration’s waiver rule currently gives states the green light to use taxpayer dollars to push “junk plans” – bare-bones plans that don’t meet federal consumer protections and therefore raise premiums for quality insurance plans, increasing costs for older Americans and people with preexisting conditions who need comprehensive coverage. Additionally, under these junk plans, insurance companies can charge people more if they have a preexisting condition, or refuse to cover specific benefits or deny them coverage altogether.

Congressional Review Act resolutions exercise Congress’ authority to review and overturn rules implemented by the executive branch. Unlike other legislation on the Senate floor, a Congressional Review Act resolution only needs a simple majority to pass and can be brought to the Senate floor for a vote with 30 signatures.

 

Sen. Warner’s remarks as prepared for delivery can be found below:

Madam President, I’m here today because protections for Americans with preexisting medical conditions are under attack from this administration.

For the last three years, this President has used every tool at his disposal to try to undermine the ACA. He tried to repeal it twice through Congress. When that failed, the administration joined a lawsuit that would strike down the ACA — with no plan to replace it.

The truth is, this administration is actively working to destabilize the insurance market.

One way the administration is attempting to undermine the ACA is with these so-called “short-term” plans. Thanks to this administration, these “junk” plans allow insurance companies to once again discriminate against Americans with preexisting conditions.  

Make no mistake: these plans are a threat to the stability of the insurance market and to every American with a preexisting condition.

That’s why I’ve introduced a resolution that will force an up-or-down vote on the administration’s rule that pushes more of these junk plans on unsuspecting consumers and significantly increases costs for other Americans.

Madam President, I fear some members of this body have forgotten what it was like before the Affordable Care Act when an unexpected surgery or a diagnosis of a chronic illness could mean a one-way ticket out of the middle class.

Unfortunately, this is not a hypothetical. Recently one of my constituents a man named Jesse received a $230,000 medical bill for his back surgery. Unbeknownst to him he had purchased a junk plan that considered his back injury as a preexisting condition.

Jesse is one of the more than 3 million Virginians with a preexisting medical condition.

And today I want to share some of their stories…to remind my colleagues of what real people will face… if we allow this administration to continue dismantling these protections that folks count on.

Recently I got an email from Linda in Warren County, VA. She is a cancer survivor with multiple preexisting conditions. She wrote:

“Due to the housing fallout in 2008, we lost our health coverage and I could no longer get health coverage because of my cancer diagnosis.”

Mindy from Henrico is also a cancer survivor. She writes:

“Even though my cancer is in partial remission, I remain on treatment for fear of the cancer returning again. As I prepare for retirement, it scares me to think that this cancer would be considered a preexisting condition and I could be denied health care or would be required to pay through the nose for insurance.”

Sharon in Norfolk told me about her struggle with behavioral health issues. She writes:

I am a functioning member of society, however that will not last long if I lose this access to medical help. I went off my medications in 2000 as I couldn't afford a doctor and medication and it was a very thin line between me and homelessness.

Justine from Loudoun County is worried she could lose coverage for her diabetes. Here’s her message for the members of this body:

What if you or a loved one was diagnosed with a “preexisting condition?” How would you feel being denied health coverage?

It’s a good question that we should all ask ourselves, Madam President. As a father, I’ve dealt with the scary reality of having a child with juvenile diabetes and a child with asthma. But I’m also an extraordinarily lucky individual. I knew that because of insurance and because I had the resources, they would be taken care of.

Katherine in Blacksburg, VA told me about her daughter who was diagnosed at age three with juvenile diabetes. She writes:

“Until there is a cure for diabetes, I cannot imagine how costly it will be for her to stay alive and manage her health if there are limitations on coverage for people with preexisting conditions.”

Madam President, Katherine’s daughter deserves access to care just as much as mine does.

I got a letter from a pharmacist in Abingdon named Michael. He treats diabetics every day, and he also knows what it’s like… because he’s lived with the disease for 38 years. He writes:

“Without insulin we will die…If coverage for preexisting conditions goes away, you will see a large decline in the health of type 1 diabetics, and more dependence upon Medicaid.”

I have far too many of these stories to share them all today.

James from Danville told me about his 10 separate preexisting conditions.

Lynn from Lynchburg is on three separate medications due to a brain tumor. She could die if her insurance didn’t cover them.

The list goes on.

In closing, Madam President, when we talk about preexisting conditions, we are talking about people’s lives.

That’s why we must pass the resolution I’ve introduced to reverse the Administration’s harmful rule changes…and defend protections for folks with preexisting conditions.

Next week, we will all have the opportunity to go on the record with an up-or-down vote to defend these protections and restore these critical guardrails.

My colleagues across the aisle insist that they actually support protections for folks with preexisting conditions – well this will be their chance to prove it.

Thank you, Madam President.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today filed paperwork that will force a Senate vote to protect people with pre-existing conditions from another attempt by the Trump Administration to gut the Affordable Care Act. 

“Under the pretext of so-called ‘short-term’ plans, the Trump administration is pushing healthcare plans that once again allow insurance companies to discriminate against Americans based on their medical history. These skinny plans, or how I refer to them as ‘junk plans,’ also undermine the Affordable Care Act’s requirements that insurance cover things like emergency room visits, maternity care, and other essential benefits,” said Sen. Warner on the Senate floor. “Let me be clear, the reason that this market has suddenly been flooded with these junk plans, many cases advertising in low-income markets that these are ACA, or Obamacare plans, is not because Congress passed any law. The President tried and failed twice to pass legislation ending these protections for folks with pre-existing conditions. And since they couldn’t get their way in Congress, now they’re using executive action to try to undermine the Affordable Care Act.”

Today, Sen. Warner filed a discharge petition on a Congressional Review Act (CRA) resolution that would roll back the 1332 waiver rule, another Trump Administration effort to sabotage Americans’ health care and undermine the critical pre-existing condition protections that 130 million Americans rely on. The rule gives states the green light to use taxpayer dollars to push junk health insurance plans that cost more and cover less. Under these plans, insurance companies can charge people more if they have a pre-existing condition, can deny specific benefits – or they can deny them coverage altogether.

“In Virginia alone – more than one million people live with a pre-existing condition. Before the Affordable Care Act, an insurance company had every right to deny these individuals coverage, charge them unaffordable premiums, or when they got that condition, terminate their plan. I think we all agree we cannot go back to those days. The Administration knows perfectly well that these ‘junk plans’ don’t offer real benefits. They’ve been warned repeatedly by hundreds of patient groups, physicians, hospitals, and insurers including the American Heart Association, AARP, The American Academy of Pediatrics, just to name few of the organizations who have come out against these plans,” Sen. Warner continued. “My Republican colleagues insist that they actually support protections for folks with pre-existing conditions. Ok, with this CRA I think there’s a chance to prove it. This resolution we are introducing today will force an up-or-down vote on these junk plans that explicitly undermine protections for pre-existing conditions. If my Republican colleagues truly support these protections, they should vote yes. It’s that simple.” 

Congressional Review Act resolutions exercise Congress’ authority to review and overturn rules implemented by the executive branch. Once a rule is finalized, the Congressional Review Act provides Congress 60 legislative days to vote on it. Unlike other legislation on the Senate floor, a Congressional Review Act resolution only needs a simple majority to pass and can be brought to the Senate floor for a vote with 30 signatures. As a result of the petition filed by Sen. Warner today, Senators must vote on overturning the rule by November 12.

 

Sen. Warner’s remarks as prepared for delivery can be found below:

Mr. President, I want to turn now to protections for people with pre-existing medical conditions, because these protections are under threat by this President.

Under the pretext of “short-term” plans, the Trump administration is pushing healthcare plans that once again allow insurance companies to discriminate against Americans based on their medical history.

These “junk plans” would also undermine the Affordable Care Act’s requirements that insurance cover things like emergency room visits, maternity care, and other essential benefits.

Let me be clear, this is not a law passed by Congress. The President tried and failed twice to pass legislation ending these protections.

Since they couldn’t get their way in Congress, now they’re using executive action to undermine the Affordable Care Act.

Mr. President, I’ve introduced a resolution under the Congressional Review Act, which would stop this deliberate effort to destabilize the health insurance market, and weaken protections that Americans count on.

And today I’m filing a discharge petition to that will bring this resolution to the Senate floor for an up-or-down vote.

The truth is, every member of this body knows someone with a pre-existing condition – if we don’t have one ourselves.

In Virginia alone – more than one million people live with a pre-existing condition. Before the Affordable Care Act, an insurance company had every right to deny those individuals coverage, charge them unaffordable premiums, or terminate their plan.

We cannot go back to those days.

The Administration knows perfectly well that these “junk plans” don’t offer real benefits.

They’ve been warned repeatedly by hundreds of patient groups, physicians, hospitals, and insurers — The American Heart Association, AARP, The American Academy of Pediatrics, the list goes on.

All of these stakeholders are telling us the same thing: the Trump Administration’s plan will weaken consumer protections and disproportionately hurt sick and older Americans.

My Republican colleagues insist that they actually support protections for folks with pre-existing conditions.

Ok, then. Here’s their chance to prove it.

This resolution we are introducing today will force an up-or-down vote on these junk plans that explicitly undermine protections for pre-existing conditions.

If my Republican colleagues truly support these protections, they should vote yes. It’s that simple.

Instead of undermining the stability of the healthcare market, let’s focus on targeted, bipartisan fixes that will bring down costs and expand access to affordable health care coverage.

Thank you, Mr. President.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, took to the Senate floor today to request immediate passage of a modified version of his Foreign Influence Reporting in Elections (FIRE) Act that would require campaigns to report to the appropriate federal authorities any contacts from foreign nationals seeking to interfere in a presidential election. Immediately after Sen. Warner requested unanimous consent, Sen. Marsha Blackburn (R-TN) objected and thereby blocked the immediate passage of this essential legislation.

Sen. Warner’s request comes on the heels of alarming comments by President Trump, who said on Wednesday that he would not alert the FBI if a foreign government tried to offer damaging information on his 2020 election opponents.

“President Trump's own FBI director and his Director of National Intelligence have said that Russia, or others, will likely be back in 2020 because their tactics in 2016 were both cheap and effective. We're now 17 months before the 2020 elections and personally, we are not prepared,” Sen. Warner said on the floor. “One of my colleagues on the other side said they don't want to re-litigate 2016. There will be other times and places to further litigate whatever happened in 2016. In terms of today, I don't want to either. I just want to make sure that we are safe from foreign intervention in 2020.”

He continued, “The mantra at our airports that the TSA and Homeland Security always try to promote is, ‘if you see something, say something.’ This is not an undue burden on our traveling public, and because of that involvement, I think airports are safer. Shouldn't we have the same de minimis standard to protect the integrity of our election system? If you see something, say something. All my legislation is requiring is if there is indications that agents of foreign governments are trying to intervene in our elections, tell law enforcement, tell the FBI.”

Sen. Warner also stressed that his legislation would not interfere with any official government activities, and urged his colleagues to work together to pass bipartisan election security legislation and to put guardrails on social media platforms like Facebook, Twitter and Google to prevent them from being used by bad actors for the widespread dissemination of misinformation.

 

Below are Sen. Warner’s floor remarks as originally prepared for delivery:

Mr. President, in a moment I will ask unanimous consent for the Senate to take up and pass by bill, the FIRE Act, S.1562, as amended. But before I do that, I want to address the President’s recent comments regarding foreign election interference.

We all take an oath when we get sworn into these jobs to defend the Constitution against all enemies foreign or domestic. Our own political ambitions, our partisan affiliations — that all should take a back seat to defending our democracy.

Unfortunately, this President doesn’t see it that way. His recent comments that he would once again welcome dirt on an opponent from a foreign government fly in the face of that oath.

Let me be clear. If a foreign adversary attempts to offer assistance to your campaign, you have a moral obligation to call the FBI.

And if the President, or his son-in-law, or other members of his campaign can't be trusted to do the right thing and report their foreign contacts, then we need to make it a legal requirement. That’s what this amendment is all about.

Mr. President, I am not here to re-litigate the 2016 election or second-guess the Special Counsel’s findings. This is a question of how we defend our democracy on a going-forward basis.

But I do want to recall the facts of what we learned through the Mueller investigation, as well as the Senate Intelligence Committee’s bipartisan investigation.

After two years of investigating, we now know that the Trump Campaign had a series of inappropriate and unreported contacts with the Russian government and its proxies, who were part of the Kremlin’s election interference efforts.

This should have come to light far sooner, but the Trump Campaign intentionally hid these contacts from the American people and law enforcement.

Another thing we learned through the investigation is that when then-candidate Trump made his infamous “Russia, if you’re listening” plea — on that very same day, Russian operatives began sending illegal phishing emails to members of his opponent’s campaign.

Mr. Trump’s comments this week are not trivial. These are the words of the President of the United States, spoken in the Oval Office. That still means something to the world.

And frankly, what it means here is that this President is once again giving Russia and other bad actors the greenlight to interfere in the 2020 elections.

This sends a message to the American people and foreign governments that this conduct is acceptable. Not only is this morally wrong, it also undermines the crucial counterintelligence work of our federal law enforcement agencies.

Recently, FBI Director Chris Wray testified that such attempts to offer assistance or “dirt” would be “something that the FBI would want to know about.”

He’s right. Because, the truth is, when a foreign adversary like Russia is peddling dirt on an American candidate, they are not doing it out of the goodness of their hearts. They’re trying to undermine our democracy, and the FBI is our first line of defense against that threat.

Mr. President, that is what this amendment is about — safeguarding our democracy from those who wish us harm. I ask my colleagues to take a step back, take off our Republican and Democratic hats for a minute, and support this amendment.

My bill, the FIRE Act — creates a first-of-its-kind requirement to make sure that foreign contacts during a presidential election are promptly reported to the FBI and FEC.

It would serve a vital intelligence need and make sure that all individuals involved in a presidential campaign understand both the existing law on foreign contributions and their affirmative obligation to report suspicious foreign contacts.  

The FIRE Act is not about prohibiting innocent contacts or the exercise of First Amendment rights. It is about restoring Americans’ trust in the democratic process. 

If a candidate is receiving or welcoming help from the Kremlin, I think the American people should have a right to know that before they head to the polls.

And in a world where campaigns are a target for foreign espionage, I think our law enforcement and counter-intelligence professionals should have the tools they need to protect the integrity of our presidential elections.

The Senate must take a stand against foreign attacks on the democratic process.  This is not a Republican or Democratic issue; it is an issue of America’s national security.

And I hope the Senate can come together at this moment to send a clear message that we will defend our Democracy, even if this President won’t.

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Washington, D.C. – As Congressional Republicans and Democrats continue to call on Leader McConnell to bring election security legislation up for a vote on the Senate floor, Senator Mark Warner (D-VA), the Vice Chairman of the Senate Select Committee on Intelligence, delivers this week’s Weekly Democratic Address. In the address, Warner highlights the importance of securing our elections and explains why it is critical that the Senate vote on bipartisan election security legislation. In closing, he emphasizes that the Senate must act on this issue in order to secure the 2020 elections, and cannot allow critical, bipartisan bills to protect our democracy to die in Leader McConnell’s legislative graveyard.

The Weekly Democratic Address is available in both AUDIO AND VIDEO FORMAT. You may download the audio of the address HERE and the video of the address HERE.

Senator Warner’s remarks as delivered follow:

“Hi, I’m Senator Mark Warner. I’m proud to represent Virginia in the United States Senate. I also serve as Vice Chairman of the Senate Intelligence Committee, which is conducting the only bipartisan investigation into Russia’s interference in our 2016 presidential election.

“Our intelligence community, the bipartisan Senate Intelligence Committee, and Special Counsel Robert Mueller have all concluded that Russia mounted an unprecedented attack on our democratic process. Russian intelligence conducted hacking operations against Democratic targets and then released the stolen documents to influence the election. Using an army of Internet trolls, Russia flooded social media with fake news and propaganda designed to sow discord and divide Americans through our news feeds.

“We also know that, as part of its interference campaign, the Kremlin also targeted election infrastructure in all 50 states. The Intelligence Community’s Assessment in January 2017 concluded that Russia secured and maintained access to multiple elements of U.S. state and local electoral boards. For example, in Illinois, Russian hackers were able to penetrate a voter registration database and access 90,000 voter registration records. Using spearphishing emails, Russia was able to access the network of at least one county in Florida. Now, there is no evidence that Russians were successful in changing vote totals in 2016 or in 2018 – but we can certainly expect them to try again in 2020.

“While the Department of Homeland Security has improved information-sharing with states and Congress has allocated some additional funding for election security, there is still more work to do to secure local election equipment ahead of the presidential election.

“In 2016, Russia exploited platforms like Facebook, Instagram, Twitter and YouTube to manipulate and divide Americans, to smear Hillary Clinton, and to aid Donald Trump. As we enter another presidential election cycle susceptible to foreign interference, Congress needs to put in place some commonsense guardrails on social media. We should start with the bipartisan Honest Ads Act, which I introduced, which would prevent foreign actors from purchasing online political ads, and bring much-needed transparency to the online ad ecosystem.

“There is already a bill to protect our elections systems that has strong bipartisan support. The Secure Elections Act from the last session of Congress would establish some common-sense measures to ensure the sanctity of the ballot-box.

“It would provide states with money to replace old, insecure voting machines that don’t leave a paper trail, and make sure that elections can be audited, so that Americans can have confidence in the results. It would also take several steps to improve sharing about threat information between the Department of Homeland Security, and states that administer the vote. And it would require election agencies to promptly report suspected cybersecurity incidents to proper state and federal authorities.

“The truth is the Secure Elections Act that was introduced last session were brought to the floor today for a vote, it would pass overwhelmingly. But the White House and Senate Republican leaders have been blocking a vote.

“Unfortunately, that’s just part of a pattern with a White House and a President that has shown no interest in tackling this problem. According to reports, the former Secretary of Homeland Security was instructed not to even raise the issue of election security with the President, and when she tried to convene a Cabinet-level meeting ahead of the 2018 midterms, the White House chief of staff nixed the idea.

“What happened in 2016 will happen again in 2020 if we are not prepared. In the face of White House inaction to secure the vote, Congress must work together to protect our democracy and reassure Americans that their votes will be counted in 2020. We cannot let election security become another tombstone in the Republican Senate’s legislative graveyard.”

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