WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance and Banking Committees, along with Sens. Debbie Stabenow (D-MI) and Bob Casey (D-PA) reintroduced legislation to promote workers’ long-term economic success and support U.S. economic recovery efforts amid the COVID-19 pandemic. The Investing in American Workers Act of 2021 prioritizes workers in U.S. recovery efforts by creating a tax credit to incentivize employers to invest in training tied to recognized postsecondary credentials for lower- and moderate-income workers

Companion legislation has been introduced in the House of Representatives by Rep. Raja Krishnamoorthi (D-IL), Rep. Jeff Van Drew (R-NJ), Rep. Abigail Spanberger (D-VA), Rep. Dan Meuser (R-PA), Rep. Cindy Axne (D-IA), Rep. Susan Wild (D-PA), and Rep. Tom Emmer (R-MN).

“As too many families know, the COVID-19 crisis has taken a major toll on the American workforce, pushing millions of workers into unemployment and decimating jobs that, frankly, may never come back. That’s why we need companies – especially those that employ a lot of low-wage workers – to be equal partners in the recovery effort by stepping in and offering training opportunities that grow workers’ skills for years to come,” said Sen. Warner. “We’re introducing a bill that builds upon the success of the R&D tax credit model and gives companies an incentive to invest in people, like they do R&D, to give more workers a chance to succeed during and after COVID-19.”

“In Michigan, our workers are the best in the world and investing in them is the right thing to do. Our bipartisan bill does just that by supporting employers who offer training opportunities that grow workers’ skills for years to come,” said Sen. Stabenow.

“Today’s fast-paced economy demands regular training for our workforce to keep our economy competitive, yet the percentage of American workers receiving employer-sponsored and on-the-job training has decreased dramatically in recent decades,” said Rep. Krishnamoorthi. “The Investing In American Workers Act will ensure our workers are able to develop the in-demand skills they need to build rewarding careers while helping American companies grow and thrive.”

“The success of our nation’s economic recovery depends on the success of our workforce. But in Central Virginia and across the country, many working families continue to experience significant hardships due to the COVID-19 crisis — and many workers cannot independently afford the skills and training they need to access new opportunities, secure better-paying jobs, and gain peace of mind. In this climate, we need to celebrate and reward companies that make an effort to take care of their employees,” said Rep. Spanberger. “By providing tax incentives for American companies to invest in American workers, the Investing in American Workers Act is commonsense, bipartisan legislation that would recognize in-house workforce training as a key component of our country’s rebound. I’d like to thank my fellow Virginian Senator Warner for his leadership on this issue, and I look forward to working with my colleagues in the House and Senate to move this legislation forward.”

“Business owners know their employees’ success is their success and they are committed to helping their employees improve their skills to advance and grow in their career. The Investing in American Workers Act helps employers invest in job training, apprenticeships, and continuing education by providing a tax credit for training expenses driving more investment to close the skills gap, advance careers, and ultimately grow the small businesses that drive our economy,” said Rep. Meuser. 

“A four-year college degree isn’t the only pathway to prosperity, nor is it the only way to acquire the skills needed to be successful. When a company invests in high-quality skills and workforce training programs for their employees, both the company and the worker succeed,” said Rep. Axne. “I’m proud to join my colleagues in introducing the Investing in American Workers Act to encourage companies to get their workers the skills they need to thrive in the modern economy.”

“Now is the time to invest in our workforce and incentivize job training, especially for lower and middle-income workers, ” said Rep. Wild. “The Investing in American Workers Act of 2021 does just that and builds off a proven model of success to create the dynamic workforce our modern economy requires while bringing in valuable industry partners along the way. The pandemic and subsequent economic crisis has devastated families across Pennsylvania, and I’m proud to support this effort to get more Americans back to work in the good-paying jobs of the future.”

“A four-year college degree should not, and cannot, be the only path to a successful career or financial security. This bipartisan legislation will promote apprenticeships and build a stronger American workforce. Although our nation continues to face a skills-gap, on-the-job educational and technical training opportunities will help us bridge the divide while giving Americans opportunities to advance their careers. I am proud to join Rep. Krishnamoorthi in this effort to ensure Americans have access to good-paying jobs when they need it more than ever,” said Rep. Emmer.

Right now, many companies have almost no direct financial incentive to invest in their workers. In fact, the current U.S. tax code offers a Research and Development (R&D) tax credit for employers that make long-term investments in innovation – such as computers, buildings, and machines – but not workers. In order to ensure the nation’s workforce is better prepared for a post-pandemic 21st century economy, tax and accounting systems need to be updated to promote these same kinds of investments in workforce training. 

The Investing in American Workers Act of 2021 would make it easier for companies to invest in training their workers by:

·       Establishing a tax credit for employers who increase their spending on worker training:

o   Employers who spend more on training their workers in a given year than they have on average in the previous three years are eligible to receive a tax credit based on their increase in spending.

o   The amount of the credit is equal to 20 percent of the increased spending. The spending eligible for the credit must be used to provide qualified training to employees earning $82,000 or less per year. 

o   For employers who are new to spending on qualified training or have a gap in any of the past three taxable years, the credit is calculated as 10 percent of the qualified training expenditures for the current year, multiplied by a cost-of-living adjustment factor. Requires collecting and reporting of racial, ethnic, and gender demographics.

·       Incentivizing high-quality training by detailing allowable providers and programs:

o   Qualified training may be provided through a nationally or state-recognized registered apprenticeship program; a WIOA-certified training program; a program conducted by an area career and technical education school, community college, or labor organization; or a program sponsored or administered by an employer, industry trade association, industry or sector partnership, or labor organization.

o   Qualified training must result in the completion of a recognized postsecondary credential, including an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State or Federal Government, or an associate or bachelor’s degree.

·       Pursuing clarity on the statutory definition of recognized postsecondary credential:

o   Requires the Secretary of Labor, in consultation with the Secretary of the Treasury, to issue regulations or guidance on the definition of “recognized postsecondary credential” within one year.

·       Encouraging small businesses to upskill their workers by providing a simplified filing process and allowing them to apply the credit against payroll and alternative minimum taxes:

o   Qualified small businesses making less than $5,000,000 for at least six years in a row, as well as qualified tax-exempt entities, can elect to apply up to $250,000 of the credit against payroll taxes.

“The world of work is changing at a rapid pace and Workday believes a focus on skills is essential to providing workers and employers the agility they need to navigate these changes. We appreciate the reintroduction of the Investing in American Workers Act, helping support the workers who need it most with access to reskilling and providing employers with even more incentive to invest in their most valuable asset: their people,” said Rich Sauer, Workday Chief Legal Officer and Head of Corporate Affairs.

“U.S. businesses – including small and medium sized employers – are investing every day in the skills of their workforce, helping their employees advance their careers and creating new job opportunities in our communities. But today’s tax code doesn’t adequately reward those companies that are willing to make these critical investments, making it harder for businesses to compete in a global economy,” said Katie Spiker, Director of Government Affairs for the National Skills Coalition. “Sen. Warner’s and Rep. Krishnamoorthi’s legislation is an important step in the right direction, and will help expand high quality training that leads to better results for companies and workers alike. We look forward to working with Senator Warner and Rep. Krishnamoorthi to advance this legislation and we applaud his leadership and vision on this vital issue.”

Sen. Warner has been an outspoken advocate of investing in workers and ensuring they are adequately equipped to participate in the 21st century labor force. Earlier this year, Sen. Warner released the first two parts of his 3-part white paper series on the future of American capitalism, which focuses on what the U.S. will need to do to address the chronic under-investment in workers and create an inclusive 21st century economy that does not leave workers behind. Part one of the white paper is available here. Part two is available here.

Bill text is available here. A summary of the bill is available here.

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WASHINGTON – Today U.S. Senators and Co-Chairs of the Senate India Caucus Mark Warner (D-VA) and John Cornyn (R-TX) sent a letter to President Biden urging him to ramp up efforts to support hard-hit countries like India by providing them with medical supplies and surplus vaccinations as they manage the recent surge in coronavirus infections.  

They wrote, “We write to urge you to accelerate U.S. efforts to support other countries as they work to combat the COVID-19 virus.  As the United States strengthens its capacity to fight this virus, with vastly expanded testing and widespread vaccinations for Americans, we must ramp up our support to countries that are being particularly hard hit, such as India, through the provision of medical supplies and surplus vaccinations.” 

“As co-chairs of the Senate India Caucus, we are watching with growing alarm the unprecedented surge of COVID-19 cases, hospitalizations, and deaths, which has overwhelmed hospitals and the overall health system in India.”

“This pandemic has devastated populations and nations across the globe, making very clear that the virus knows no borders. In order to control its spread globally, saving lives abroad and here at home, we must do our part to attack the virus where it is most devastating and active.”

The full text of the letter is here and below.

Dear President Biden:

We write to urge you to accelerate U.S. efforts to support other countries as they work to combat the COVID-19 virus.  As the United States strengthens its capacity to fight this virus, with vastly expanded testing and widespread vaccinations for Americans, we must ramp up our support to countries that are being particularly hard hit, such as India, through the provision of medical supplies and surplus vaccinations. U.S. government agencies – both civilian and military – should be mobilized to lead an international response to the pandemic that both protects the American people from the virus and supports other countries’ efforts. 

Numerous countries are facing record-breaking surges and a devastating number of deaths daily.  India is a case in point. As co-chairs of the Senate India Caucus, we are watching with growing alarm the unprecedented surge of COVID-19 cases, hospitalizations, and deaths, which has overwhelmed hospitals and the overall health system in India. India is the now the epicenter of this crisis and faces a severe shortage of testing kits, vaccines, oxygen equipment, personal protective equipment, and medical facilities. India is also in great need of treatments and medicines, including oxygen, monoclonal antibodies, Remdesivir, and high quality dexamethasone to combat the virus.  

As is the case in this global crisis, this unmitigated surge in COVID-19 not only threatens India and its people, but it threatens the entire world as variants emerge, and nations continue to struggle to limit the virus’ spread. We urge you to find ways to increase support to the most impacted countries, including India, with surplus vaccines, supplies, and field hospitals, as they battle to reduce the number of deaths and new cases. 

The United States has demonstrated real ingenuity and a capacity to scale up its COVID-19 testing and vaccination regimes during the pandemic. We have conducted more than 300 million tests. Now, as the United States averages 2.82 million vaccine doses per day, new cases and deaths have dropped significantly. Even accounting for current and anticipated need domestically, there is now a surplus supply of testing kits that can have the greatest impact abroad, along with personal protective equipment that so many countries desperately need. In addition, with millions of unused AstraZeneca vaccine doses on hand, the U.S. has the ability to send many abroad without a detrimental impact to our own vaccination efforts at this crucial time. We applaud and encourage your efforts to share AstraZeneca doses with India and other countries in need as they come available.

Finally, we congratulate you for taking specific actions to remove obstacles that would get in the way of sending excess vaccines to India. While India has significant capacity to vaccinate, its per capita vaccination rates are insufficient to cover such a large population. Further, we urge you to remove the export embargo on raw materials to India used in vaccine production, which would allow The Serum Institute of India to ramp up production of vaccines that it already produces domestically. We ask that you also assess similar barriers that prohibit the sharing of excess vaccines with other nations. 

As you design your strategy to provide assistance to India and other nations, we ask that you consider the needs outlined above. This pandemic has devastated populations and nations across the globe, making very clear that the virus knows no borders. In order to control its spread globally, saving lives abroad and here at home, we must do our part to attack the virus where it is most devastating and active. We appreciate your commitment to helping our global partners in our shared efforts to combat this disease, and we thank you for your attention to this important matter. 

Sincerely,

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WASHINGTON – Today, U.S. Senators Mark R. Warner and Tim Kaine applauded passage of the COVID-19 Hate Crimes Act, legislation cosponsored by Warner and Kaine and designed to counter the recent trend of violence against members of the Asian American and Pacific Islander community. The bill includes provisions of the Khalid Jabara-Heather Heyer NO HATE Act, cosponsored by Warner and Kaine last Congress to improve hate crimes reporting and expand assistance and resources for victims of hate crimes.

“Across the country, domestic extremists have used the COVID-19 pandemic as an excuse to unleash a wave of hatred and violence towards Asian Americans. Unfortunately, Virginians are painfully familiar with the toll of bigotry, which was in full display at the Unite the Right rally in 2017, where a white supremacist drove his car into a crowd of peaceful protestors, killing Heather Heyer and injuring others,” said Warner. “The COVID-19 Hate Crimes Act – which includes important provisions from the Jabara-Heyer NO HATE Act – will work to curtail these vicious crimes and ensure that victims have the support they need.”

“Senseless, vile, and un-American, the recent spike in hate crimes against Asian Americans must end,” said Kaine. “This legislation will send a message that bigotry has no place in our country and that violence will be prosecuted. I am pleased that the NO HATE Act was included in this legislation and believe combating racism is a fitting way to honor Heather Heyer.” 

The provisions included from the Khalid Jabara-Heather Heyer NO HATE Act will:

·        Improve Reporting of Hate Crimes: This legislation will support the implementation of and training for the National Incident-Based Reporting System (NIBRS), the latest crime reporting standard, in law enforcement agencies without it. This will allow law enforcement agencies to record and report detailed information about crimes, including hate crimes, to the FBI. 

·        Encourage Law Enforcement Prevention, Training, and Education on Hate Crimes: This legislation will provide support to law enforcement agencies that establish a policy on identifying, investigating, and reporting hate crimes, train officers on how to identify hate crimes, develop a system for collecting hate crimes data, establish a hate crimes unit within the agency, and engage in community relations to address hate crimes in that jurisdiction.

·        Establish Hate Crime Hotlines: This legislation will provide grants for states to establish and operate hate crime hotlines, record information about hate crimes, to redirect victims and witnesses to law enforcement and local support services as needed.

·        Rehabilitate Perpetrators of Hate Crimes through Education and Community Service: This legislation will allow for judges to require individuals convicted under federal hate crime laws to undergo community service or education centered on the community targeted by the crime.

The Khalid Jabara-Heather Heyer NO HATE Act was partially named after Heather Heyer, a Virginian murdered by a white supremacist in Charlottesville in 2017. Earlier today, Senator Kaine spoke on the Senate floor in remembrance of Heather. The rest of the COVID-19 Hate Crimes Act directs the Department of Justice to accelerate the review of hate crimes by requiring the Attorney General to designate someone responsible for handling such crimes. According to a study by the Center for the Study of Hate and Extremism, hate crimes against Asian Americans rose nearly 150% in America’s largest cities last year. The bill would also mandate the issuance of guidance to state and local law enforcement on establishing a multi-lingual online system to report hate crimes.

The legislation now awaits action by the House of Representatives.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced that the Virginia Department of Emergency Management (VDEM) will receive $6,505,200 in federal funding from the Federal Emergency Management Agency (FEMA) to deliver individuals that have transportation needs to state run Community Vaccination Centers. 

“We’re glad to see these federal dollars go towards helping Virginians who have transportation needs get vaccinated,” said the Senators. “As Virginians 16 and older are now eligible for the COVID-19 vaccine, we remain committed to expanding opportunities so that all eligible students, workers, and residents can get their shots as soon as possible.”  

Sens. Warner and Kaine strongly supported the recent passage of the American Rescue Plan, which included $7.5 billion in funding for the Centers for Disease Control (CDC) and public health departments to expand vaccine distribution and administration, and several billion dollars in additional funding for local community health centers and medical personnel to assist in administering vaccines.

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WASHINGTON – U.S. Senator Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, joined Senators Maggie Hassan (D-NH), a member of the Senate Finance Committee, and Ron Wyden (D-OR), Chairman of the Committee, and a group of their colleagues in urging the Internal Revenue Service (IRS) to challenge any abusive tax deductions that opioid companies may take for settlements that they are paying out related to their role in fueling the opioid epidemic.

The Senators’ letter follows recent reporting indicating that, after being sued by state or local governments for harmful practices, opioid companies are planning to manipulate the tax code in order to claim billions of dollars in tax benefits. The Senators are calling on the IRS to use the full extent of its authority under recent regulations to challenge these tax schemes. “We strongly encourage the IRS to fully enforce the tax code by challenging any erroneous interpretations of these recent regulations that opioid companies may use in an attempt to claim tax deductions for legal settlement expenses,” wrote the Senators.

In addition to Senators Hassan and Wyden, the letter was signed by Senators Brian Schatz (D-HI), Chris Van Hollen (D-MD), Tammy Baldwin (D-WI), Sheldon Whitehouse (D-RI), Angus King (I-ME), Debbie Stabenow (D-MI), Catherine Cortez Masto (D-NV), Jack Reed (D-RI), and Bob Menendez (D-NJ).

Read the Senators’ full letter here or below:

Dear Commissioner Rettig: 

We write to urge the Internal Revenue Service to use the full extent of its authority to challenge any abusive tax deductions claimed by opioid companies for expenses related to legal settlements regarding these companies’ role in fueling the opioid crisis.

Recent reporting indicates that four companies involved in the multi-district opioid litigation collectively plan to claim billions of dollars in tax deductions for expenses related to a pending $26 billion settlement with state and local governments, which sued these companies for their role in fueling the opioid epidemic. Similarly, in 2019, a judge ordered one of these companies to pay $572 million to the State of Oklahoma for misleading marketing of its opioid products. Based on this reporting, we are concerned that opioid wholesalers and drug companies may mischaracterize legal settlement expenses in order to claim tax deductions under tax code section 162(f), which allows the deduction of restitution payments. 

In January 2021, the IRS published TD 9946, final regulations regarding the deductibility of legal settlement expenses under section 162(f). We strongly encourage the IRS to fully enforce the tax code by challenging any erroneous interpretations of these recent regulations that opioid companies may use in an attempt to claim tax deductions for legal settlement expenses. 

We thank you for your attention to this important issue.

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WASHINGTON – Today, U.S. Senator Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, joined Sen. John Cornyn (R-TX) and a bipartisan group of Senate colleagues in sending a letter to President Biden requesting that he fund the initiatives to restore semiconductor manufacturing to American soil from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Act that were signed into law as part of the FY21 National Defense Authorization Act. 

They wrote, “We write today to encourage you to prioritize securing funding to implement the initiatives authorized in the CHIPS for America Act that were enacted into law as part of the fiscal year 2021 National Defense Authorization Act.” 

“We would specifically request you consider joining us in support of funding levels that are at least the authorized amounts proposed in the original bill as you work with Congress on a package of policies to better compete with China and how best to strengthen our country’s economic competitiveness and resiliency as well as national security.”

He was joined on the letter by Senators Tom Cotton (R-AK), Mark Kelly (D-AZ), James Risch (R-ID), Kyrsten Sinema (D-AZ), Thom Tillis (R-NC), Angus King (I-ME), Mike Crapo (R-ID), Maggie Hassan (D-NH), Marsha Blackburn (R-TN), Kirsten Gillibrand (D-NY), Susan Collins (R-ME), Jeff Merkley (D-OR), Todd Young (R-IN), Gary Peters (D-MI), Bill Cassidy (R-LA), Jacky Rosen (D-NV), Cindy Hyde-Smith (R-MS), Michael Bennet (D-CO), Roger Wicker (R-MS), Elizabeth Warren (D-MA), Marco Rubio (R-FL), Ron Wyden (D-OR), Tim Scott (R-SC), Richard Blumenthal (D-CT), Roger Marshall (R-KS), Patrick Leahy (D-VT), and Chuck Schumer (D-NY). 

The full text of the letter is here and below.

Dear President Biden,

We write today to encourage you to prioritize securing funding to implement the initiatives authorized in the CHIPS for America Act that were enacted into law as part of the fiscal year 2021 National Defense Authorization Act (referred to as the ‘CHIPS provisions’). We would specifically request you consider joining us in support of funding levels that are at least the authorized amounts proposed in the original bill as you work with Congress on a package of policies to better compete with China and how best to strengthen our country’s economic competitiveness and resiliency as well as national security. 

While signing your Executive Order on America’s Supply Chains on February 24, 2021, we were pleased to hear your comments: “bipartisan work has already been done…We need to make sure these supply chains are secure and reliable. I’m directing senior officials in my administration to work with industrial leaders to identify solutions to this semiconductor shortfall and work very hard with the House and Senate.” We agree that the United States must build on the bipartisan Congressional efforts to authorize the CHIPS provisions and now swiftly move to fund these programs so they can be implemented and begin to address the current supply-chain vulnerabilities that threaten our national and economic security and ensure our nation’s continued global leadership in this critical technology. We are especially encouraged by the opportunity to do emergency mandatory funding for implementation of CHIPS as part of a competitiveness package the Senate is currently compiling, and would welcome your support in that effort.

The United States cannot wait to provide these resources over the years ahead. The halted production lines for consumer technology, auto manufacturers, truckers, and other critical industries due to a semiconductor shortage further highlights the pressing need to act quickly and fund the enacted bipartisan provisions. 

In your Build Back Better initiative, you recognized the value of restoring critical supply chains to U.S. soil to help revitalize our domestic manufacturing capacity and create good-paying jobs. Full funding and implementation of CHIPS would reinvigorate our economy by creating high-paying jobs, developing talent pipelines for American workers, and increasing technological innovation. The CHIPS provisions authorize funding for manufacturing, R&D and job-training programs, with a focus on creating pathways for Americans to acquire the skills necessary for these jobs, including expanding employment opportunities for disadvantaged workers. Ensuring these provisions are fully funded would support thousands of American jobs and create a ripple effect throughout the economy, benefiting countless industries, communities and working families.

In addition to enabling sustainable economic growth today, funding the CHIPS provisions is a top national security priority. The Chinese Communist Party (CCP) has aggressive plans to reorient and dominate the semiconductor supply chain, pouring over $150 billion in semiconductor manufacturing subsidies and investing $1.4 trillion in their efforts to become the dominate global technological power. Even full funding of the originally filed CHIPS provisions pales in comparison to the investments being made by the CCP, which speaks to why consideration of an even higher level of funding is worthwhile.

The United States must also work with our allies and strategic partners to out-scale the CCP in manufacturing capabilities for advanced semiconductors. If we lose these highly-skilled jobs and know-how to China, the United States will never recapture them. Further, we risk dependence on a strategic competitor for the advanced semiconductors that power our economy, military, and critical infrastructure.

As you develop your FY 2022 budget request, we encourage you to include some initial investments to support semiconductor R&D and manufacturing at agencies like Commerce, DOD, DOE, and NSF as intended by CHIPS. 

Finally, should you explore executive actions to address this urgent semiconductor matter, we encourage you to continue pursuing a technology neutral approach.

We are committed to meeting the national imperative of securing our critical supply chains and look forward to working with you and your Administration to achieve this vital objective.

Sincerely, 

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WASHINGTON – Today, U.S. Senators Mark Warner and Tim Kaine reintroduced the Virginia Plan to Reduce Gun Violence Act, legislation to federally enact a series of commonsense gun violence prevention measures adopted by the Commonwealth of Virginia last year. The bill includes provisions to close current background check loopholes, mandate reporting of lost and stolen firearms, prevent children from accessing firearms, and implement a one-handgun-a-month policy.

“Virginia knows all too well the heartbreaking consequences of gun violence,” the Senators said. “We’ve seen it in the tragedies of Virginia Tech and Virginia Beach and the countless drive-by shootings, domestic violence, and suicides by firearm across the country. We’re proud of the Commonwealth for leading the way to advance gun reform; now it’s time for Congress to save lives.”  

The Virginia Plan to Reduce Gun Violence Act of 2021 builds on Virginia’s 2020 commonsense framework to reduce gun violence by including the following provisions:                                                                                              

• Universal Background Checks: Closes loopholes in existing federal law by requiring background checks on all firearm sales and transfers, with exemptions for certain family members, law enforcement officers, servicemembers, hunting, target shooting, and self-defense.

• One-Handgun-a-Month: Limits purchases of handguns to one per month to curtail the stockpiling and trafficking of firearms.

• Reporting of Lost or Stolen Firearms: Requires gun owners to report lost or stolen firearms to the appropriate state or local law enforcement agency within 48 hours. State and local law enforcement agencies would be directed to report data collected to the FBI’s National Crime Information Center.

• Preventing Firearm Access to Minors: Promotes responsible gun ownership and safe storage practices by holding individuals liable for leaving a loaded, unsecured gun in the presence of a minor.

• Protection Order Prohibitions: Strengthens safeguards for victims of domestic violence by closing the “boyfriend loophole,” which currently allows abusive non-spousal partners to possess firearms, and expands firearms laws to prohibit persons convicted of dating violence or stalking from possessing firearms.

• Extreme Risk Protection Orders: Establishes a federal extreme risk protection order process to temporarily remove firearms from individuals who pose a high risk of harming themselves or others and incentivizes states to implement their own extreme risk protection laws and court protocols.

You can view the full bill text here.

Warner and Kaine have long-supported a sensible, comprehensive approach to curbing gun violence, including the expansion of mental health services, background record checks prior to gun purchases, and responsible limits on combat-style weapons and high-capacity magazines. In March, the Senators reintroduced the Background Check Expansion Act to expand federal background checks to all gun sales. Kaine has also introduced legislation to close the Charleston loophole, which allows gun sales to proceed if a background check is not completed after 72 hours.  

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, released the following statement after the Biden administration announced several steps to respond to Russian aggression, including interference in the 2020 election, the hack impacting thousands of SolarWinds customers, bounties on American soldiers in Afghanistan, and the illegal annexation of Crimea:

“I am glad to see the Biden administration formally attributing the SolarWinds hack to Russian intelligence services and taking steps to sanction some of the individuals and entities involved. The scale and scope of this hack are beyond any that we’ve seen before, and should make clear that we will hold Russia and other adversaries accountable for committing this kind of malicious cyber activity against American targets. Across both the public and private sector, we have a lot of work to do to deter our adversaries from conducting these types of damaging intrusions, and to guard against future interference in our elections. But this is a good first step in making clear that these sorts of actions are unacceptable and will be met with consequences.”

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced that the Appalachian Regional Commission (ARC) has approved $500,000 in grant funding for the Millwald Theatre Restoration and Economic Revitalization project. The funding will be used to renovate and reopen the 15,000-square-foot theatre, attract an estimated 47,000 visitors annually, and bolster 20 businesses in downtown Wytheville, Virginia.

“We are pleased to announce that these federal dollars will go towards renovating the historic Millwald Theatre – a project that will increase local tourism and spur economic activity in the region by drawing visitors to the central business district,” said the Senators.

ARC project grants are awarded to local and state government entities and non-profits, and matched by local funding sources. In addition to ARC funds, this project will receive $604,230 in Federal Historic Tax Credits, $1.1 million in state Historic Tax Credits and other state sources, $425,000 in New Markets Tax Credits, and $475,080 from local funding sources, bringing the total project funding to $3,104,310.

ARC is an economic development partnership agency of the federal government and 13 state governments, focusing on 420 counties across the Appalachian Region. ARC’s mission is to innovate, partner, and invest to build community capacity and strengthen economic growth in Appalachia to help the Region achieve socioeconomic parity with the nation. Since 1965, ARC has invested $4.5 billion in approximately 28,000 economic development projects across Appalachia, attracting over $10 billion in matching project funds.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $19,155,185 in federal funding to provide economic relief to 11 airports across Virginia. The funding, awarded through the Federal Aviation Administration and the U.S. Department of Transportation (DOT), was authorized by the December 2020 emergency COVID-19 relief bill supported by Sens. Warner and Kaine.

“We are happy to announce that these funds will go towards supporting 11 airports in Virginia,” said the Senators. “While we work to get folks vaccinated and the economy back on track, these dollars will help ensure that our regional airports have what they need to continue combating COVID-19 and serving travelers.” 

The funding will be distributed as follows:

Specifically, this funding will go towards helping airports cover costs related to operations, personnel, cleaning, sanitization, janitorial services, debt service payments, and efforts to combat the spread of pathogens.

Sens. Warner and Kaine have long fought for increased investments to infrastructure, including for Virginia’s airports. Most recently, they supported the passage and signing of the American Rescue Plan, which provides robust transportation funding for airports and other transit systems throughout Virginia.

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WASHINGTON – Today Senate Select Committee on Intelligence Chairman Sen. Mark R. Warner (D-VA) led a bipartisan group of Senators in urging President Joe Biden to request at least $3 billion as part of his budget request to Congress for the adoption of 5G alternatives to Chinese-made equipment. Specifically, the Senators urged Biden to request at least $1.5 billion each for two funds established by Congress to encourage the adoption of Open Radio Access Network (Open RAN) equipment, which would allow additional vendors to enter the 5G market and compete with manufacturers like Huawei, which is heavily subsidized by the Chinese government.

“Current RAN infrastructure relies on closed, end-to-end hardware solutions that are expensive to operate and dominated by foreign companies. For example, Huawei, a company with inextricable links to the Chinese government and a history of disregard for the intellectual property rights of U.S. companies, offers end-to-end RAN hardware, which poses significant counterintelligence concerns. For years, we have called on telecommunications providers in the U.S., as well as our allies and partners, to reject Huawei 5G technology, but we have not provided competitively-priced, innovative alternatives that would address their needs,” the Senators wrote in a letter. “As wireless networks adapt to the growing demands for 5G connectivity, a new Open RAN architecture will allow telecommunications providers to migrate from the current hardware-centric approach into a software-centric model that  relies heavily on cloud-based services. This architecture will break down the current end-to-end proprietary stack of hardware; lower barriers to entry and prompt innovation; diversify the supply chain and decrease dependence on foreign suppliers; and spur Open RAN deployments throughout the United States, particularly in rural America. Providing resources for these Funds in your budget request presents an opportunity to realize this vision.”

Today’s letter was signed by bipartisan members of the Senate Intelligence Committee: Chairman Warner, Vice Chairman Marco Rubio (R-FL), and Sens. Dianne Feinstein (D-CA), Richard Burr (R-NC), Ron Wyden (D-OR), Susan Collins (R-ME), Martin Heinrich (D-NM), Roy Blunt (R-MO), Angus King (I-ME), Tom Cotton (R-AR), Michael Bennet (D-CO), John Cornyn (R-TX), Bob Casey (D-PA), Ben Sasse (R-NE), and Kirsten Gillibrand (D-NY).

The full text of the letter appears below, and a copy is available here. 

Joseph R. Biden, Jr.   

The President

The White House

1600 Pennsylvania Avenue NW

Washington, D.C. 20500

Dear Mr. President:

As you prepare your budget request for Fiscal Year 2022, we ask that you provide at least $1.5 billion each for both the Public Wireless Supply Chain Innovation Fund and the Multilateral Telecommunications Security Fund.  These Funds provide critical foundations for  robust, secure, and efficient fifth-generation (5G) networks, and will be integral to the ability of the United States and its allies to adopt Open Radio Access Network (Open RAN) equipment at a scale necessary to compete with the equipment vendors of our strategic rivals, including China.

These Funds, established in Section 9202 of the National Defense Authorization Act (NDAA) for Fiscal Year 2021, are consistent with your Interim National Security Strategic Guidance, which calls for investments to retain our scientific and technological edge, build secure 21st century digital infrastructure (including secure 5G networks), and partner with democratic friends and allies.  Investments in these Funds will also enable the development and deployment of an Open RAN approach to network standardization for nationwide 5G (and successor) wireless capabilities.

Current RAN infrastructure relies on closed, end-to-end hardware solutions that are expensive to operate and dominated by foreign companies.  For example, Huawei, a company with inextricable links to the Chinese government and a history of disregard for the intellectual property rights of U.S. companies, offers end-to-end RAN hardware, which poses significant counterintelligence concerns.  For years, we have called on telecommunications providers in the U.S., as well as our allies and partners, to reject Huawei 5G technology, but we have not provided competitively-priced, innovative alternatives that would address their needs. 

As wireless networks adapt to the growing demands for 5G connectivity, a new Open RAN architecture will allow telecommunications providers to migrate from the current hardware-centric approach into a software-centric model that  relies heavily on cloud-based services.  This architecture will break down the current end-to-end proprietary stack of hardware; lower barriers to entry and prompt innovation; diversify the supply chain and decrease dependence on foreign suppliers; and spur Open RAN deployments throughout the United States, particularly in rural America.  Providing resources for these Funds in your budget request presents an opportunity to realize this vision.

We look forward to working with you in a bipartisan manner on this critical national priority. 

Cc:

Mr. Ronald A. Klain, White House Chief of Staff

Mr. Jacob J. Sullivan, Assistant to the President for National Security Affairs

Mr. Robert Fairweather, Acting Director, Office of Management and Budget

The Honorable Gina M. Raimondo, Secretary of Commerce

The Honorable Antony J. Blinken, Secretary of State

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WASHINGTON – Today, U.S. Senator Mark Warner (D-Va.) joined by Chairman of the Environment and Public Works Committee Senator Tom Carper (D-Del.) and Senators Ben Cardin (D-Md.), Chris Coons (D-Del.), Chris Van Hollen (D-Md.), and Tim Kaine (D-Va.) sent a letter to Environmental Protection Agency (EPA) Administrator Michael Regan, urging the EPA to use all tools available to meet the 2025 goals of the Chesapeake Bay Total Maximum Daily Load (TMDL). The pollution reduction requirements in the Bay TMDL are vital to protecting the health of the Chesapeake Bay and ensuring the Bay’s surrounding states each do their part in reducing pollution. Recently, however, Pennsylvania has fallen behind in their TMDL requirements. While the Trump Administration refused to use its legal authority to ensure compliance, the Senators are urging the EPA to take the necessary action to do so.

The Senators write, “On December 29, 2010, the U.S. Environmental Protection Agency established the Chesapeake Bay TMDL, a historic and comprehensive agreement that includes accountability features to restore clean water in the seven jurisdictions within the Chesapeake Bay watershed. The agreement is a national and indeed international model for watershed restoration. It sets limits for pollution that equate to a 25 percent reduction in nitrogen, 24 percent reduction in phosphorous, and 20 percent reduction in sediment. As the Bay TMDL states, ‘The TMDL is designed to ensure that all pollution control measures needed to fully restore the Bay and its tidal rivers are in place by 2025[.]’”

“The Courts have upheld the legality of the Bay TMDL. As the U.S. Court of Appeals for the Third Circuit has noted, the ‘Clean Water Act does not simply direct the publication of the TMDL; it is one step in a process with several layers, each placing primary responsibility for pollution controls in state hands with ‘backstop authority’ vested in the EPA,’” they continue. 

“The implementation of the Bay TMDL and the Bay jurisdiction’s Watershed Implementation Plans are, therefore, part of EPA’s legal obligation to achieve and maintain the nutrient goals of the Chesapeake Bay TMDL under the Clean Water Act,” the Senators note.

The Senators point to the need for action, writing, “We are at a critical juncture in implementation of the Bay TMDL. EPA’s response to Pennsylvania’s Phase III Watershed Implementation Plan (WIP) noted that Pennsylvania is on track to meet only 75 percent of its nitrogen reduction targets and the Commonwealth itself identified a $324 million annual shortfall in their plan. The State of New York’s Phase III WIP is also 1 million pounds under its nitrogen goal. We ask that you use all tools at your disposal—including those identified in Bay TMDL Section 7—to make sure that all jurisdictions are on track for 2025.”

The text of the letter is available here and below.

Dear Administrator Regan:

Congratulations on your confirmation as Administrator to the Environmental Protection Agency (EPA).  

We stand by to offer our partnership to your efforts as Administrator of the EPA to achieve our mutual goal of clean water in the Chesapeake Bay by 2025.

On December 29, 2010, the U.S. Environmental Protection Agency established the Chesapeake Bay Total Maximum Daily Load (TMDL), a historic and comprehensive agreement that includes accountability features to restore clean water in the seven jurisdictions within the Chesapeake Bay watershed. The agreement is a national and indeed international model for watershed restoration. It sets limits for pollution that equate to a 25 percent reduction in nitrogen, 24 percent reduction in phosphorous, and 20 percent reduction in sediment.  As the Bay TMDL states, “The TMDL is designed to ensure that all pollution control measures needed to fully restore the Bay and its tidal rivers are in place by 2025[.]”

The goal of the Clean Water Act is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” To that end, states are first required to set water quality standards for all waters within their boundaries regardless of the sources of pollution.  When those water quality standards cannot be met and maintained through effluent limitations and technology-based controls on point sources, water quality-based controls are required under Section 303(d) of the Act. States are required to identify waters within its boundaries that cannot achieve water quality standards based on effluent limitations, and then “shall establish for [impaired] waters […] the total maximum daily load, for those pollutants which the Administrator identifies […] as suitable for such calculation.” A TMDL is a specification of the maximum amount of a particular pollutant that can pass through a waterbody each day without violating water quality standards.  Such “load shall be established at a level necessary to implement the applicable water quality standards with seasonal variations and a margin of safety which takes into account any lack of knowledge[.]” Once the 303(d) list and any TMDLs are approved by the EPA, the reporting state must incorporate the list and TMDLs into its continuing planning process.

The Courts have upheld the legality of the Bay TMDL. As the U.S. Court of Appeals for the Third Circuit has noted, the “Clean Water Act does not simply direct the publication of the TMDL; it is one step in a process with several layers, each placing primary responsibility for pollution controls in state hands with ‘backstop authority’ vested in the EPA.”

In addition to these requirements, Section 117(g) of the Act requires EPA to take certain actions regarding the implementation of the Chesapeake Bay Agreement and the Chesapeake Bay TMDL.  It states that the EPA Administrator, “in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain (A) the nutrient goals of the Chesapeake Bay Agreements for the quantity of nitrogen and phosphorous entering the Chesapeake Bay and its watershed; (B) the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem; […] (D) habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement signatories for living wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and (E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem.” (emphasis added).

The implementation of the Bay TMDL and the Bay jurisdiction’s Watershed Implementation Plans are, therefore, part of EPA’s legal obligation to achieve and maintain the nutrient goals of the Chesapeake Bay TMDL under the Clean Water Act.  

Since the inception of the Chesapeake Bay TMDL – and through its Reasonable Assurance and Accountability Framework in Section 7 – EPA has communicated its expectations for the Bay watershed states and the District of Columbia to develop Watershed Implementation Plans and two-year milestones and “demonstrate satisfactory progress toward achieving nutrient and sediment allocations established by EPA in the Chesapeake Bay TMDL.” In addition, the Agency laid out potential backstop actions the Bay jurisdictions would face if they failed to demonstrate progress on their obligations under the Bay TMDL, noting that the “identification of possible federal actions is intended to strengthen our individual and collective resolve to make the difficult choices and decisions along the road to a restored Chesapeake Bay and watershed and fill in the gaps to aid States and the District to meet their commitments in order to ensure that the allocations in the TMDL are achieved.”

Time and again, EPA has demonstrated through its approach in establishing and implementing the Bay TMDL, including its application of “backstop actions” when states deviated from their respective obligations, its view that the Bay jurisdictions are responsible for meeting the allocations in the Bay TMDL.  Indeed, as recently as April of 2017, in laying out its expectations for Pennsylvania’s Phase III Watershed Implementation Plan, EPA noted several examples of potential actions it could take specific to Pennsylvania if it determined that the state did not meet these expectations.  Those backstop actions included: (1) Targeting federal enforcement and compliance assurance in the watershed; (2) Directing Chesapeake Bay funding to identified priorities; (3) Establishing finer scale wasteload and load allocations through a Pennsylvania state-specific proposed amendment to the Chesapeake Bay TMDL; (4) Requiring additional reductions of loading from point sources through a Pennsylvania state-specific proposed amendment to the Chesapeake Bay TMDL; and (5) Initiating a process to propose promulgating nitrogen and phosphorous numeric water quality standards for Pennsylvania applicable to streams and rivers in the Chesapeake Bay Watershed.

EPA’s defense of the Bay TMDL and its historic approach to the Bay jurisdiction’s development of the Watershed Implementation Plans clearly indicates that it took its responsibilities under Sections 303d and 117(g) seriously and that it viewed achieving the allocations in the Bay TMDL as necessary to meet the requirements of the Clean Water Act.  

We are at a critical juncture in implementation of the Bay TMDL.  EPA’s response to Pennsylvania’s Phase III Watershed Implementation Plan (WIP) noted that Pennsylvania is on track to meet only 75 percent of its nitrogen reduction targets and the Commonwealth itself identified a $324 million annual shortfall in their plan. The State of New York’s Phase III WIP is also 1 million pounds under its nitrogen goal. 

We ask that you use all tools at your disposal—including those identified in Bay TMDL Section 7—to make sure that all jurisdictions are on track for 2025.  

The Chesapeake Bay Total Maximum Daily Load has made strong progress towards cleanup of this national treasure and economic engine in our region. We are at a critical moment, and we look forward to working with you to make sure we meet our 2025 goals for clean water in the Chesapeake Bay.

Sincerely,