WASHINGTON— Today, U.S. Sens. Mark R. Warner and Tim Kaine—who serves on the Senate Health, Education, Labor & Pensions Committee—teamed up with 28 of their colleagues to call on the Department of Health and Human Services (HHS) to take immediate action to safeguard women’s privacy and their ability to safely and confidentially get the health care they need. Specifically, the Senators urged the Biden Administration to strengthen federal privacy protections under the Health Information Portability and Accountability Act (HIPAA) to broadly restrict providers from sharing patients’ reproductive health information without their explicit consent—particularly with law enforcement or in legal proceedings over accessing abortion care.

Since the Dobbs decision, the new patchwork of state abortion bans has caused widespread confusion among health care providers over whether they are required to turn over patients’ health information to state and local law enforcement. As a result, patients may delay or avoid seeking the care they need out of fear their sensitive health information could be weaponized against them.

In recent weeks, states have investigated and sought to punish patients and providers for seeking and providing abortion care. While abortion is not currently criminalized in Virginia, Governor Youngkin has said he would “happily and gleefully” sign “any bill” limiting reproductive freedom, and has tapped Virginia state legislators to introduce legislation to that effect in 2023. Should that legislation be signed into law, the Senators’ push could help prevent personal health data from being used against Virginia women in legal proceedings. This letter makes clear that additional privacy protections are needed to protect this data so it cannot be used by prosecutors or law enforcement seeking to enforce an abortion ban.

“Our nation faces a crisis in access to reproductive health services, and some states have already begun to investigate and punish women seeking abortion care. It is critical that HHS take all available action to fully protect women’s privacy and their ability to safely and confidentially seek medical care,” wrote the Senators.

In their letter to Secretary Xavier Becerra, the Senators urge HHS to take immediate action to strengthen federal privacy protections under HIPAA, bolster enforcement of the protections, educate providers about their obligations, and ensure patients understand their rights. Shortly after the Dobbs decision, Becerra pledged to work to protect patient and provider privacy.

“To safeguard the privacy of women’s personal health care decisions and ensure patients feel safe seeking medical care, including reproductive health care, we urge you to quickly initiate the rulemaking process to strengthen privacy protections for reproductive health information,” urged the Senators. “In particular, HHS should update the HIPAA Privacy Rule to broadly restrict regulated entities from sharing individuals’ reproductive health information without explicit consent, particularly for law enforcement, civil, or criminal proceedings premised on the provision of abortion care.”

Joining Sens. Warner and Kaine in sending the letter were Senators Murray (D-WA), Baldwin (D-WI), Blumenthal (D-CT), Booker (D-NJ), Brown (D-OH), Cantwell (D-WA), Casey (D-PA), Duckworth (D-IL), Durbin (D-IL), Gillibrand (D-NY), Heinrich (D-NM), Hickenlooper (D-CO), Hirono (D-HI), Klobuchar (D-MN), Luján (D-NM), Markey (D-MA), Menendez (D-NJ), Merkley (D-OR), Padilla (D-CA), Reed (D-RI), Rosen (D-NV), Sanders (I-VT), Shaheen (D-NH), Smith (D-MN), Stabenow (D-MI), Van Hollen (D-MD), Warren (D-MA), and Wyden (D-OR).

The Senators’ full letter is available below:

Dear Secretary Becerra:

Since the Supreme Court’s decision to strip away the constitutional right to abortion, patients across the country have lost access to reproductive health care, and providers have scrambled to adapt to the immense confusion, fear, and upheaval this ruling has caused. In some states, legislators and prosecutors have already sought to investigate and punish women seeking abortion care. To protect patients, and their providers, from having their health information weaponized against them, we urge you to take immediate action to strengthen education on and enforcement of federal health privacy protections, and to initiate the rulemaking process to augment privacy protections under Health Insurance Portability and Accountability Act (HIPAA) regulations.

Every day, health care personnel across this nation care for patients who are pregnant or may become pregnant. This care may include anything from an annual check-up to obstetrical visits to emergency care. In order for patients to feel comfortable seeking care, and for health care personnel to provide this care, patients and providers must know that their personal health information, including information about their medical decisions, will be protected. Recognizing this critical need, in 1996, Congress passed HIPAA, which directed the Department of Health and Human Services (HHS) to issue privacy regulations for personal health information. HHS issued corresponding privacy regulations (the “HIPAA Privacy Rule”) in 2000, with several subsequent updates over the years.

The Dobbs v. Jackson Women’s Health Organization decision has caused widespread confusion among health care providers on health privacy protections, and whether they are required to turn over health information to state and local law enforcement. Stakeholders have told us about providers who have felt uncertain about whether they must turn over personal health information to state and law enforcement officials, including cases where providers believed they had to turn over information when doing so is only permitted—but not required—under the HIPAA Privacy Rule. In other cases, providers did not know that certain disclosures are actually impermissible. Stakeholders have even described clashes between providers and health care system administrators on whether certain information must be shared. Many of these issues seem to arise from misunderstandings of what the HIPAA Privacy Rule requires of regulated entities and their employees.

This confusion is likely to grow as state lawmakers continue to implement a patchwork of laws restricting access to abortion and other reproductive health care services. Already, some states have laws in effect criminalizing abortion providers, and some states have enacted laws that penalize anyone who “aids or abets” an abortion, potentially exposing everyone from a referring provider to a receptionist to legal liability. Some state legislators have even proposed to bar women from traveling to another state for abortion care. And even before Dobbs, states had already prosecuted women following their abortions or miscarriages. In many cases, these laws have been used to disproportionately criminalize or surveil women of color for their pregnancy loss.

Actions to prohibit abortion access and undermine health privacy are likely to have devastating consequences for women’s health. Out of concern that their reproductive health information may be used against them, women may delay or avoid disclosing a pregnancy or obtaining prenatal care. They may fear initiating treatments for conditions like cancer or arthritis, where treatment could impact a pregnancy, even as health care providers may hesitate to provide them. And women who experience complications from a pregnancy or abortion may avoid seeking desperately needed emergency care, risking devastating health consequences and even death. These concerns are not without justification – in recent years, numerous medical providers have reported women to law enforcement for seeking care following an abortion, a miscarriage, or other pregnancy-related medical issue.

HHS has the tools to protect patients and health care providers, even in the wake of this devastating decision. For over twenty years, the HIPAA Privacy Rule has protected the privacy of individuals’ health information, laying out when health information may or may not be shared without a patient’s explicit consent. In addition, the HIPAA Privacy Rule has long recognized that stronger protections may be needed for particularly sensitive health information, such as psychotherapy notes. We commend you for the actions the Department has already taken to clarify privacy protections in the wake of the Dobbs decision, including the issuance of additional guidance on the HIPAA Privacy Rule. However, given the growing likelihood that women’s personal health information may be used against them, HHS must also take proactive steps to strengthen patient privacy protections.

To safeguard the privacy of women’s personal health care decisions and ensure patients feel safe seeking medical care, including reproductive health care, we urge you to quickly initiate the rulemaking process to strengthen privacy protections for reproductive health information. In particular, HHS should update the HIPAA Privacy Rule to broadly restrict regulated entities from sharing individuals’ reproductive health information without explicit consent, particularly for law enforcement, civil, or criminal proceedings premised on the provision of abortion care.

In addition, while HHS moves forward with the rulemaking process, the Department should take the following steps to improve awareness and enforcement of current privacy protections in the HIPAA Privacy Rule:

1. HHS should increase its efforts to engage and educate the health care community about regulated entities’ obligations under the HIPAA Privacy Rule, including the difference between permissible and required disclosures, best practices for educating patients and health plan enrollees on their privacy rights, how HIPAA interacts with state laws (including those related to prescriptions), and potential legal consequences for violations of the HIPAA Privacy Rule, including civil and criminal penalties. As part of this effort, HHS should engage the full range of health care personnel, including providers, senior executives, and smaller health care organizations, as well as pharmacists, health plan administrators and sponsors, legal and compliance personnel, and entities that provide HIPAA training. These efforts should include listening sessions, additional guidance and FAQs with specific examples, webinars, and additional avenues for individuals at regulated entities to seek confidential advice.

2. HHS should expand its efforts to educate patients about their rights under the HIPAA Privacy Rule, including when information may be shared without patient consent, the ability to request additional restrictions or corrections, and how to file a complaint with HHS.

3. HHS should ensure cases involving reproductive health information receive timely, appropriate attention for compliance and enforcement activities.

Our nation faces a crisis in access to reproductive health services, and some states have already begun to investigate and punish women seeking abortion care. It is critical that HHS take all available action to fully protect women’s privacy and their ability to safely and confidentially seek medical care. Thank you for your attention to this urgent matter.

Sincerely,

###

WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine reintroduced the Pipeline Fairness, Transparency, and Responsible Development Act, legislation to strengthen the public’s ability to evaluate the impacts of and provide input on natural gas pipelines being considered by the Federal Energy Regulatory Commission (FERC).

“Communities and landowners who would be impacted by an energy project deserve to have their concerns heard—especially if a green light from FERC means their land would be taken away,” said the Senators. “Our bill would improve the way FERC gathers public input to make sure the public can weigh in on decisions that would literally run through their backyards.”

Congress has given FERC the authority to evaluate the benefits and drawbacks to energy infrastructure proposals. The senators’ legislation would make it easier for the public to offer FERC input and would clarify the circumstances under which eminent domain may be used. The bill would also require public comment meetings to be held in every locality through which a pipeline would pass at every stage of the review process, in order to minimize situations where individuals are forced to commute long distances with very little time to comment.

Additionally, the legislation would strengthen local landowners’ rights by improving the process by which landowners are notified of a pipeline application and bolstering their ability to ensure any concerns about their property are given fair consideration.

Specifically, the legislation would:

• Improve the process by which landowners are notified of a potential pipeline project affecting their property;
• Require that FERC review companies’ notices to landowners to ensure these notices meet FERC criteria;
• Require that FERC or applicants for a FERC Certificate of Public Convenience and Necessity (e.g., companies with pipeline proposals) provide clear and complete instructions to all affected landowners on how to request an appeal or “rehearing” through FERC. The notice must make it clear to landowners that they must appeal to FERC in a timely manner for a rehearing to preserve certain rights to seek judicial review;
• Prevent pipeline projects from exercising eminent domain or commencing construction until:
• the project has received all requisite permits, certifications, or other permissions required under federal law;
• FERC has issued rulings on all timely landowner rehearings.
• except on land that is already owned by the pipeline company or land that is in an existing utility right-of-way;

• State that it is the policy of the United States that eminent domain be limited to situations in which the taking of property for natural gas pipelines is for public, not private, use. This language is modeled after a 2006 Executive Order by President George W. Bush clarifying the scope of federal eminent domain authority;
• Help ensure fair appraisals and offers of compensation for affected property owners by giving landowners the opportunity to accompany appraisers during the inspection of property in order to provide more oversight over the appraisal process, which must be completed prior to an offer of compensation for that property. That offer of compensation must be of fair market value or better;
• Require a single programmatic environmental impact statement (EIS) if two gas pipelines are proposed within one year and 100 miles of one another, and provide that if there is more information that comes out after a draft EIS than is in a draft EIS, FERC must do a supplemental EIS, with another public comment period;
• Mandate public comment meetings in every locality through which a pipeline passes, at every stage in the process (draft EIS, final EIS, and supplemental EIS) so members of the public do not have to drive long distances to meetings where they are only able to speak for just a few minutes;
• Specify that eminent domain takings of land under conservation easement be given fair compensation not just for the land value but for the lost conservation value of the land;
• Ensure that plans to mitigate unavoidable impacts are subject to public comment so the public can verify that the mitigation is fair and proportionate;
• Require cumulative analysis of the project’s visual impacts on National Scenic Trails (including the Appalachian Trail) for multiple pipelines that cross the same trail within 100 miles, in order to prohibit any downgrading of National Scenic Trail scenic integrity requirements in current law if the project represents a net degradation to the trail;
• Codify the end of “tolling orders,” a longstanding practice that allowed FERC to place landowner rehearing requests in limbo while pipeline constructions were allowed to continue, and strengthen landowners’ ability to proceed to court should FERC not rule on grievances in a timely manner. The “tolling orders” practice was recently struck down by the U.S. Court of Appeals for the D.C. Circuit;
• Codify that FERC must consider landowners’ rehearings within 30 days.

"The Appalachian Trail Conservancy applauds Senators Kaine and Warner for their efforts to protect our National Scenic Trails,” said Sandra Marra, President and CEO of the Appalachian Trail Conservancy. “The Pipeline Fairness Act requires regulators like FERC to examine the large and lasting impacts proposed developments could have on our irreplaceable public lands. We look forward to continuing our work with the Senators and other elected officials on behalf of all National Scenic Trails, ensuring that they continue to benefit millions of visitors, thousands of volunteers, and hundreds of trailside communities."

“Originally passed in 1938, the Natural Gas Act is long overdue for a rebalancing of landowner interests with those of natural gas development,” said David Bookbinder, Chief Counsel of the Niskanen Center. “By strengthening landowner rights and requiring more transparency in FERC's approval process, Senators Kaine and Warner's bill will is a major step forward in preventing the capricious loss of private property.”

 Full text of the legislation is available here.

###

WASHINGTON – Today, U.S. Sen. Mark Warner (D-VA) joined Sen. Patty Murray (D-WA), Chair of the Senate Committee on Health, Education, Labor, and Pensions (HELP), and 28 colleagues in calling on the Department of Health and Human Services (HHS) to take immediate action to safeguard women’s privacy and their ability to safely and confidentially get the health care they need. Specifically, the Senators urged the Biden Administration to strengthen federal privacy protections under the Health Information Portability and Accountability Act (HIPAA) to broadly restrict providers from sharing patients’ reproductive health information without their explicit consent—particularly with law enforcement or in legal proceedings over accessing abortion care. The push from the Senators comes as legislators and prosecutors across the country have sought to enforce Republicans’ abortion bans by investigating women and doctors for seeking and providing abortion care.

“Our nation faces a crisis in access to reproductive health services, and some states have already begun to investigate and punish women seeking abortion care. It is critical that HHS take all available action to fully protect women’s privacy and their ability to safely and confidentially seek medical care,” wrote the Senators.

In their letter to Secretary Xavier Becerra, the Senators urge HHS to take immediate action to strengthen federal privacy protections under HIPAA, bolster enforcement of the protections, educate providers about their obligations, and ensure patients understand their rights. In June, in the wake of the Dobbs decision, Becerra pledged to work to protect patient and provider privacy.

“To safeguard the privacy of women’s personal health care decisions and ensure patients feel safe seeking medical care, including reproductive health care, we urge you to quickly initiate the rulemaking process to strengthen privacy protections for reproductive health information,” urged the Senators. “In particular, HHS should update the HIPAA Privacy Rule to broadly restrict regulated entities  from sharing individuals’ reproductive health information without explicit consent, particularly for law enforcement, civil, or criminal proceedings premised on the provision of abortion care.”

Since the Dobbs decision, the new patchwork of state abortion bans has caused widespread confusion among health care providers over whether they are required to turn over patients’ health information to state and local law enforcement. This confusion fundamentally threatens women’s health, as patients may delay or avoid seeking the care they need out of fear their sensitive health information could be weaponized against them. In recent weeks, states have investigated and sought to punish patients and providers for seeking and providing abortion care.

Joining Sens. Warner and Murray in sending the letter were Sens. Baldwin (D-WI), Blumenthal (D-CT), Booker (D-NJ), Brown (D-OH), Cantwell (D-WA), Casey (D-PA), Duckworth (D-IL), Durbin (D-IL), Gillibrand (D-NY), Heinrich (D-NM), Hickenlooper (D-CO), Hirono (D-HI), Kaine (D-VA), Klobuchar (D-MN), Luján (D-NM), Markey (D-MA), Menendez (D-NJ), Merkley (D-OR), Padilla (D-CA), Reed (D-RI), Rosen (D-NV), Sanders (I-VT), Shaheen (D-NH), Smith (D-MN), Stabenow (D-MI), Van Hollen (D-MD), Warren (D-MA), and Wyden (D-OR).

The letter is available for download here and below:  

Dear Secretary Becerra:

Since the Supreme Court’s decision to strip away the constitutional right to abortion, patients across the country have lost access to reproductive health care, and providers have scrambled to adapt to the immense confusion, fear, and upheaval this ruling has caused. In some states, legislators and prosecutors have already sought to investigate and punish women seeking abortion care. To protect patients, and their providers, from having their health information weaponized against them, we urge you to take immediate action to strengthen education on and enforcement of federal health privacy protections, and to initiate the rulemaking process to augment privacy protections under Health Insurance Portability and Accountability Act (HIPAA) regulations.

Every day, health care personnel across this nation care for patients who are pregnant or may become pregnant. This care may include anything from an annual check-up to obstetrical visits to emergency care. In order for patients to feel comfortable seeking care, and for health care personnel to provide this care, patients and providers must know that their personal health information, including information about their medical decisions, will be protected. Recognizing this critical need, in 1996, Congress passed HIPAA, which directed the Department of Health and Human Services (HHS) to issue privacy regulations for personal health information. HHS issued corresponding privacy regulations (the “HIPAA Privacy Rule”) in 2000, with several subsequent updates over the years.

The Dobbs v. Jackson Women’s Health Organization decision has caused widespread confusion among health care providers on health privacy protections, and whether they are required to turn over health information to state and local law enforcement. Stakeholders have told us about providers who have felt uncertain about whether they must turn over personal health information to state and law enforcement officials, including cases where providers believed they had to turn over information when doing so is only permitted—but not required—under the HIPAA Privacy Rule. In other cases, providers did not know that certain disclosures are actually impermissible. Stakeholders have even described clashes between providers and health care system administrators on whether certain information must be shared. Many of these issues seem to arise from misunderstandings of what the HIPAA Privacy Rule requires of regulated entities and their employees.

This confusion is likely to grow as state lawmakers continue to implement a patchwork of laws restricting access to abortion and other reproductive health care services. Already, some states have laws in effect criminalizing abortion providers, and some states have enacted laws that penalize anyone who “aids or abets” an abortion, potentially exposing everyone from a referring provider to a receptionist to legal liability. Some state legislators have even proposed to bar women from traveling to another state for abortion care. And even before Dobbs, states had already prosecuted women following their abortions or miscarriages. In many cases, these laws have been used to disproportionately criminalize or surveil women of color for their pregnancy loss.

Actions to prohibit abortion access and undermine health privacy are likely to have devastating consequences for women’s health. Out of concern that their reproductive health information may be used against them, women may delay or avoid disclosing a pregnancy or obtaining prenatal care. They may fear initiating treatments for conditions like cancer or arthritis, where treatment could impact a pregnancy, even as health care providers may hesitate to provide them. And women who experience complications from a pregnancy or abortion may avoid seeking desperately needed emergency care, risking devastating health consequences and even death. These concerns are not without justification – in recent years, numerous medical providers have reported women to law enforcement for seeking care following an abortion, a miscarriage, or other pregnancy-related medical issue.

HHS has the tools to protect patients and health care providers, even in the wake of this devastating decision. For over twenty years, the HIPAA Privacy Rule has protected the privacy of individuals’ health information, laying out when health information may or may not be shared without a patient’s explicit consent. In addition, the HIPAA Privacy Rule has long recognized that stronger protections may be needed for particularly sensitive health information, such as psychotherapy notes. We commend you for the actions the Department has already taken to clarify privacy protections in the wake of the Dobbs decision, including the issuance of additional guidance on the HIPAA Privacy Rule. However, given the growing likelihood that women’s personal health information may be used against them, HHS must also take proactive steps to strengthen patient privacy protections.

To safeguard the privacy of women’s personal health care decisions and ensure patients feel safe seeking medical care, including reproductive health care, we urge you to quickly initiate the rulemaking process to strengthen privacy protections for reproductive health information. In particular, HHS should update the HIPAA Privacy Rule to broadly restrict regulated entities from sharing individuals’ reproductive health information without explicit consent, particularly for law enforcement, civil, or criminal proceedings premised on the provision of abortion care.

In addition, while HHS moves forward with the rulemaking process, the Department should take the following steps to improve awareness and enforcement of current privacy protections in the HIPAA Privacy Rule:

1. HHS should increase its efforts to engage and educate the health care community about regulated entities’ obligations under the HIPAA Privacy Rule, including the difference between permissible and required disclosures, best practices for educating patients and health plan enrollees on their privacy rights, how HIPAA interacts with state laws (including those related to prescriptions), and potential legal consequences for violations of the HIPAA Privacy Rule, including civil and criminal penalties. As part of this effort, HHS should engage the full range of health care personnel, including providers, senior executives, and smaller health care organizations, as well as pharmacists, health plan administrators and sponsors, legal and compliance personnel, and entities that provide HIPAA training. These efforts should include listening sessions, additional guidance and FAQs with specific examples, webinars, and additional avenues for individuals at regulated entities to seek confidential advice.

2. HHS should expand its efforts to educate patients about their rights under the HIPAA Privacy Rule, including when information may be shared without patient consent, the ability to request additional restrictions or corrections, and how to file a complaint with HHS.

3. HHS should ensure cases involving reproductive health information receive timely, appropriate attention for compliance and enforcement activities.

Our nation faces a crisis in access to reproductive health services, and some states have already begun to investigate and punish women seeking abortion care. It is critical that HHS take all available action to fully protect women’s privacy and their ability to safely and confidentially seek medical care. Thank you for your attention to this urgent matter.

Sincerely

###

WASHINGTON – Today, on the 21^st anniversary of the September 11^th terrorist attacks, U.S. Sen. Mark R. Warner (D-VA), appeared on CBS’s Face the Nation to discuss evolving threats facing our country as well the recent request by the Intelligence Committee to assess the damage of the classified documents potentially mishandled by former President Trump.

On the national security threats facing our country:

“The stunning thing to me is, here we are 20 years later and the attack on the symbol of our democracy is not coming from terrorists but it came from literally insurgents attacking the Capitol on January 6th. So, I believe we are stronger. I believe our Intelligence Community has performed remarkably. I think the threat of terror has diminished, but I still think we have new challenges in terms of nation and state challenges, Russia and longer term a technology competition with China. But I do worry about some of the activity in this country, the election deniers, the insurgency that took place on January 6th. That is something I hope we can see that same kind of unity of spirit.”

On the Intelligence Committee request for a damage assessment of the classified documents potentially mishandled by former President Trump:

“The vice chairman and I have asked for a briefing of the damages that could have arisen from mishandling of this information. And I believe it's our congressional duty to have that oversight. Remember, what's at stake here is the fact that if some of these documents involved human intelligence, and that information got out, people will die. If there were penetration of our signals intelligence, literally years of work could be destroyed. We talk about the enormous advances our Intelligence Community has made helping our Ukrainian friends. That comes about because we share intelligence. If there's intelligence that has been shared with us by allies and that is mishandled, all of that could be in jeopardy.”

Video of Sen. Warner’s interview on Face the Nation can be found here. A transcript follows.

CBS’s Face the Nation

MARGARET BRENNAN: We begin with the Chairman of the Senate Intelligence Committee, Mark Warner of Virginia. Good morning to you, Senator. 9/11 introduced to many Americans for the very first time this sense of vulnerability at home and it launched the global war on terror. I wonder how vulnerable you think America is now. Are we paying enough attention to the Middle East and to Afghanistan?

SEN. MARK WARNER: Well Margaret, I remember, as most Americans do, where they were on 9/11. I was in it is middle of a political campaign and suddenly the differences with my opponent seemed very small in comparison, and our country came together. In many ways, we defeated the terrorists because of the resilience of the American public, because of our Intelligence Community—and we are safer, better prepared. The stunning thing to me is, here we are 20 years later and the attack on the symbol of our democracy is not coming from terrorists but it came from literally insurgents attacking the Capitol on January 6th. So, I believe we are stronger. I believe our Intelligence Community has performed remarkably. I think the threat of terror has diminished, but I still think we have new challenges in terms of nation and state challenges, Russia and longer term a technology competition with China. But I do worry about some of the activity in this country, the election deniers, the insurgency that took place on January 6th. That is something I hope we can see that same kind of unity of spirit.

BRENNAN: As you're pointing out, America came together after 9/11 and we are incredibly divided right now. One thing that is potentially quite explosive is this ongoing investigation by the Justice Department of the former president and his handling of classified information. You've asked for a briefing from the Intelligence Community. Given how sensitive this is, why should anything be shared with Congress given that this is an ongoing investigation?

SEN WARNER: Because as the Chairman of the Intelligence Committee, and I'm very proud of our committee, we're the last functioning bipartisan committee, I believe, in the whole Congress. The vice chairman and I have asked for a briefing of the damages that could have arisen from mishandling of this information. And I believe it's our congressional duty to have that oversight. Remember, what's at stake here is the fact that if some of these documents involved human intelligence, and that information got out, people will die. If there were penetration of our signals intelligence, literally years of work could be destroyed. We talk about the enormous advances our Intelligence Community has made helping our Ukrainian friends. That comes about because we share intelligence. If there's intelligence that has been shared with us by allies and that is mishandled, all of that could be in jeopardy. Now we don't know what's in those documents, but I think it is incumbent, as soon as we get approval -- let me be clear, as soon as we get approval, my understanding is there is some question because of the special master appointment by the judge in Florida, whether they can brief at this point. We need clarification on that from that judge as quickly as possible because it is essential that the Intelligence Community leadership at least gets a briefing of the damage assessment.

 BRENNAN: That damage assessment, it has been paused, as has the classification review, and it will take some time. So, A, I'm assuming in your answer there you're saying, there have been no promises of a briefing to be scheduled, is that right?

SEN. WARNER: I believe we will get a briefing as soon as there's clarification whether this can be performed or not in light of the ruling of the judge in Florida.

BRENNAN: Why should that happen? Because I want to get o something you said, which was the “last bipartisan committee”. You and Marco Rubio, your partner in this request for a briefing, put forth this letter asking for the damage assessment. But lately your colleague has been making some comments that don't sound quite as bipartisan. He's compared the Justice Department to corrupt regimes in Latin America when it comes to this investigation, he's accused DOJ of leaking sensitive details. He says the only reason to leak it is to create a narrative for political purpose. When information gets shared with Congress, as you know, the accusation is, it will get leaked. So, A, it looks like you're losing that bipartisanship and, B, if you brief Congress, isn't it going to leak further and worsen?

SEN. WARNER: The record of our Intelligence Committee of keeping secret, secret, that's why the Intelligence Community shares information with us. Remember, this was the committee bipartisan that did the Russia Investigation –

BRENNAN: But you know your oversight capability, many would argue, including former heads of counterintelligence, FBI, the line is drawn when it's an active investigation. They don’t owe you a briefing.

SEN. WARNER: We do not -- I do not want any kind of insight into an active investigation by the Justice Department. I do want the damage assessment of what would happen to our ability to protect the nation. Here we are 21 years after 9/11. If classified secrets, top secret secrets are somehow mishandled, I pointed out earlier, people could die, sources of intelligence could disappear, the willingness of our allies to share intelligence could be undermined, and I think we need that assessment to make sure –

BRENNAN: Which you will get, but it’s going to take some time.

SEN. WARNER: But I think we need it sooner than later.

BRENNAN: To that point, because it's so sensitive, because the country is so divided, because you already have in many ways a target being put on the back of law enforcement, isn't it more important to get it right, to be deliberate and not to be fast here? I want the details just as much as you do.

SEN. WARNER: Listen, I do not think we should have as the Intelligence Committee, a briefing on the ongoing investigation. What our responsibility is, is to assess whether there's been damage done to our intelligence collection and maintenance of secrets. That is a damage assessment that frankly, the judge in Florida has said can continue.

BRENNAN: Before November?

SEN. WARNER: Listen. Once we get clarification from the judge in Florida, and again, I don't think we can cherry-pick what part of the legal system we like or dislike. I have trust in our legal system. I may not agree with the decision the judge in Florida but I respect our Department of Justice. I respect the FBI. I think they are trying under extraordinarily difficult circumstances to get it right and we owe them the benefit of the doubt.

BRENNAN: Senator, thank you for coming on and I know we are going to continue to track this and any potential impact to national security. 

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $1,941,340 in federal funding to promote increased safety for Virginia drivers and motorists.

“Last year, we saw nearly 5,000 crashes and 100 fatalities involving commercial motor vehicles on Virginia’s roads. We are pleased to know that these federal dollars will go towards promoting greater safety on roadways and helping prevent future tragedies,” said the Senators.

The funding will be distributed as follows:

• $105,807 for Chesterfield County to help reduce the number of overall commercial motor vehicle (CMV)-related crashes by funding overtime enforcement in high-crash corridors throughout the county.
• $614,871 for Virginia Tech to increase knowledge of safe driving practices among drivers, including newly licensed teens and older adults. This funding will allow Virginia Tech to conduct in-class demonstrations in 80 high school driver education programs between the fall of 2022 and the spring of 2024. It will also enable Virginia Tech to conduct monthly outreach for the Tips for Sharing the Road with Commercial Motor Vehicles website and conduct two seminars for American Association of Retired Persons (AARP) volunteer driver education instructors. Additionally, it will allow Virginia Tech to work with AARP communications and roadway safety teams to develop a series of articles covering the key strategies for sharing the road with trucks.
• $180,328 for Chesterfield County to increase the understanding of the factors that contribute to CMV crashes in Virginia and support traffic enforcement decisions to reduce CMV crashes. As part of this project, Virginia Tech Transportation Institute (VTTI) will conduct a CMV crash corridor and crash causation analysis. Following this analysis, VTTI will conduct a pilot test of traffic enforcement to try to reduce the contributing factors in one of the identified CMV crash corridors.
• $1,040,334 for the Virginia Department of Motor Vehicles to enhance crash data analysis by improving and increasing the reporting of data. This data will be used to evaluate program effectiveness, identify problems and trends, help target spending, and ultimately reduce the number of CMV crashes currently occurring on Virginia roadways.

These grants were awarded through the U.S. Department of Transportation (DOT)’s High Priority Grant program – a competitive grant program designed to provide federal financial assistance to carry out activities and projects that augment motor carrier safety.

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA) and Rep. A. Donald McEachin (D-VA) celebrated $52.9 million in funding from the federal government for the Petersburg/Richmond region to support job creation and increase American independence from foreign drug manufacturers.

This funding was recently awarded through the Economic Development Administration and funded by the American Rescue Plan, which was supported by the three lawmakers and passed through the Senate by a vote of 50 – 49 and the House by a vote of 220 – 211.

“The American Rescue Plan is the gift that keeps on giving – this time with $52.9 million that will go towards establishing Central Virginia as a hub for pharmaceutical manufacturing. This unparalleled federal investment will help boost American production of essential drugs and active pharmaceutical ingredients while creating 21^st century jobs for Virginians and tackling our nation’s dangerous overreliance on foreign supply chains for medicines,” said the lawmakers. 

The Virginia Advanced Pharma Manufacturing (APM) and R&D Cluster  –  led by the Virginia Biotechnology Research Partnership Authority–  is one of 21 winners of the $1 billion Build Back Better Regional Challenge – the most impactful regional economic development competition in decades. The projects funded as part of this award include expanding a nascent pharmaceutical manufacturing corridor in Central Virginia through investment in new wet lab space, development of critical infrastructure to sustain industrial capacity in Petersburg, and engagement with local business to enhance the regional pharmaceutical supply chain. The project will also catalyze a new partnership between Virginia Commonwealth University and Virginia State University to create new pathways for underserved residents to high-quality training and jobs in the pharmaceutical industry.

The Build Back Better Regional Challenge (BBBRC) is an unprecedented competitive federal grant program that provides each regional coalition with significant investments to tackle a wide variety of projects – including entrepreneurial support, workforce development, infrastructure, and innovation – to drive inclusive economic growth. Each coalition’s collection of projects aims to develop and strengthen regional industry clusters – all while embracing economic equity, creating good-paying jobs, and enhancing U.S. competitiveness globally. Projects span 24 states and include $87 million to two primarily Tribal coalitions and over $150 million for projects serving communities impacted by the declining use of coal.

Sen. Warner helped negotiate portions of the American Rescue Plan and directly advocated for this project. In March, he sat down with the Virginia Biotechnology Research Partnership Authority and other pharmaceutical industry professionals for a roundtable discussion on the need to manufacture more prescription drugs in Virginia.

While on Richmond City Council, Sen. Kaine played a major role in the formation and growth of the Virginia Biotechnology Research Partnership Authority, served on its board when he was Mayor of Richmond, and appointed board members while he was Governor. In addition to advocating for the American Rescue Plan, which provided the funding for the EDA Build Back Better Regional Challenge, Sen. Kaine specifically advocated for this project to win this grant. He also visited the project’s facilities in Richmond and Petersburg in April of this year.

Rep. McEachin proudly supported the American Rescue Plan and engaged with the Biden administration throughout the BBBRC application and selection process in support of the Virginia Biotechnology Research Partnership Authority. He sent multiple letters to Secretary of Commerce Gina Raimondo advocating for this project and held briefings with relevant stakeholders to keep them apprised of developments and receive timely updates.

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WASHINGTON – Last week, Sen. Warner hit the road, making 14 stops across Southwest and Southside Virginia to highlight a wealth of accomplishments from a session of Congress that he believes “will be looked back upon as one of the most productive years – literally – since the 1960s.”

From Wise to Washington to Wythe, and everywhere in between, Sen. Warner met Virginians, talking to kids about biscuits and civic engagement… to education leaders about access to high-speed internet… and to residents and volunteers about the devastation caused by flooding in Buchanan County. He also toured revitalization efforts in downtown Danville…  sat down with community leaders to discuss manufacturing expansion opportunities in New River Valley… and even exchanged famous recipes with Russell County’s very own Linda Skeens, who won an astounding number of ribbons at the Virginia-Kentucky State Fair earlier this year. Rumor has it that Ms. Skeens has even agreed to include Sen. Warner’s tuna melt recipe in her upcoming cookbook.

Sen. Warner also proudly delivered millions in federal funding for very worthy projects that seek to improve access to rural health and dental care, as well as tackle food insecurity and substance use disorder. He also discussed and answered questions pertaining to some major accomplishments out of Washington, including his landmark infrastructure law, his law to restore American technological leadership and manufacturing of semiconductors, and President Biden’s recent signing of the Inflation Reduction Act, which lowers prescription drug costs, closes tax loopholes for billionaire corporations, and provides financial security for miners by extending the Black Lung Disability Trust Fund excise tax at a higher rate.

Bristol Herald Courier: Senator Warner's visit to Wise County Health Wagon is worth $1.25 million

WISE, Va. – U.S. Sen. Mark Warner looked around the most quiet Wise County Fairgrounds Monday and remembered more hectic times.

Warner, D-Va., returned to the fairgrounds – longtime host site of Remote Area Medical clinics -- to formally present $1.25 million to the Health Wagon for construction of its new dental clinic.

“The reason why this fairgrounds is so special, it was 2002 – the first year I was governor – and I’d heard about what you guys were doing here,” Warner said prior to the check presentation. “I remember dentists from all over the commonwealth, but who was going to show up? It ended up being thousands and thousands of people – not only Southwest Virginia but from Michigan, from Florida – driving for days just to come here and get dental assistance.”

Warner returned many times, brought each of his children to help volunteer and had his Senate staff members come from across the state to volunteer so they better understood the issues.

“The memories I have are of hot days, 60-70 chairs at once where people were being taken care of,” he said. “One of the things that was so typical of Southwest was it was people caring for people. No matter how much crummy stuff was going on in the country or around the world, you could not come to the whole effort and not come away with a belief in the basic goodness of people.”

Similar efforts – on a lesser scale -- are underway at the fairgrounds for much of this week. About 100 military personnel and volunteer dentists and other health care providers are offering free health care, X-rays, dental care and vision screenings. Similar to RAM, the event is the Move Mountains medical mission. Appointments are required, but there is no charge for care.

“What’s happening at the fairgrounds is great. It is not a permanent, long-term solution,” Warner said. “

The $1.25 million in Congressionally designated spending will go toward construction of the Health Wagon’s new dental clinic, now being built in Wise.

[…]

Martinsville Bulletin: Stuart hospital to reopen in 2023; two mobile health units coming to Patrick Co. soon

The Stuart hospital that closed in 2017 has an aggressive timeline of being reopened in 2023 with the help of a bipartisan effort between Virginia officials and a $600,000 check to better the health care available in Patrick County with the addition of two mobile medical units.

Pioneer Community Hospital of Patrick in Stuart closed in 2017 after filing for bankruptcy in 2016 due to financial hardships. A crowd of over 30 people gathered to hear the official announcement of the reopening.

“At this time last year, we were a county that didn’t have a hospital or even one on the horizon and had extremely limited means of providing adequate health care to our citizens, tourists and local businesses,” Patrick County Director of Economic Development Sean Adkins said. “Fast forward to today, and we stand at the site of our future Foresight Hospital of Patrick County opening in 2023.”

[…]

“This is a team effort,” Warner (D-Va.) said. “Patrick County is a special place … Getting these hospitals reopened is an enormous, enormous challenge and what your delegate [Virginia Delegate Wren Williams (R-9th District)] did, the process … was expedited. This would not be happening anywhere near this time without his good work.”

“Over the last 25 years, there have been close to a thousand rural hospitals that have closed across America,” Warner said. “And there have been virtually none that have reopened … There will be federal hurdles that we’ve got to go over … This is a very aggressive timeline … But the idea of getting this hospital reopened by 2023, ambitious, but you’ve got our commitment that we’ll do our part in the federal stage.”

[…]

Coalfield Progress: Senator talks health care, brings funding

WISE — U.S. Sen. Mark Warner and state Sen. Todd Pillion discussed the area’s dental services, insulin prices and black lung benefits Monday when visiting The Health Wagon’s Move Mountains Medical Mission.

Roughly 100 Army, Navy and Air Force medical personnel were on site to render medical service as part of an Innovative Readiness Training program.

Warner thanked the troops for protecting the country, which involves providing medical assistance to those in need, he said.

Health Wagon CEO Teresa Tyson said dental work has seen the highest demand, with more than 1,600 procedures performed since the start of the mission, Aug. 15.

The General Assembly recently improved the reimbursement rates for dentists providing Medicaid services for the first time in 17 years, said Pillion, and this momentum needs to continue.

Warner later presented Health Wagon officials a $1.25 million check to build a new dental office, which is currently under construction. Warner and U.S. Sen Tim Kaine secured the money through Congress' member-directed funding policy.

Warner said insulin prices need to be capped and that if the Democrats win the majority in the November congressional elections, the effort to achieve this will be renewed.

The $35 cap on insulin copays for Medicare beneficiaries should extend to everyone, Warner said.

While mentioning the exponentially increasing rate of black lung in young miners, Warner said the recently passed Inflation Reduction Act establishes black lung benefits on a permanent basis.

The act includes a permanent extension of the Black Lung Excise Tax, which is the only revenue source for the Black Lung Disability Trust Fund.

The News & Press: Putting points on the board, Warner touts string of legislative victories

RICHLANDS, Va. – U.S. Senator Mark Warner (D – Va.) came to Richlands Monday on the heels of a string on legislative victories that has transformed a stalled Democratic agenda to a series of accomplishments the senator could tout to constituents.

[…]

He said the major infrastructure bill has money that should allow 98% of Southwest Virginia homes to have high speed internet at a rate of less than $35 per month by 2024-2025.

Warner said miners and their families now have Black Lung benefits guaranteed thanks to legislation introduced by him and Joe Manchin.

He said the U.S.  is going to do what Canada and other countries do and use the power of negotiation to bring down the cost of medicine.  Warner said the hope is to get the cost of insulin below $35 for senior citizens right away and eventually for everyone.

[…]

Warner spoke with State Senator Travis Hackworth about the need for affordable housing. Hackworth said the area from New River Valley down has a projection of 10,000 new jobs but the biggest drawback is the need for affordable housing.

[…]

He said the people of Ukraine have given him hope and restored his faith that we have the best system of government.

“The people In Ukraine have said we will sacrifice our lives to have the kind of system you have. The right to vote, the right to a free press and the right to disagree with each other,” Warner said.

Bristol Herald Courier: Warner aims to bring microchip production back to America

U.S. Sen. Mark Warner made stops in Marion and Wytheville Tuesday on a three-day tour of Southwest and Southside Virginia to talk with community leaders.

Among the topics at the forefront of the conversation were the state of the manufacturing industry, improving Virginia’s infrastructure and Warner’s CHIPS bill.

At both stops Warner touted the recent passing of what he called a “once in a generation infrastructure law.”

“What does that mean for Virginia? It means $8 billion for our road system… it means rail all the way to Christiansburg, and I’m committed as long as I have this job to making sure that rail system goes all the way to Bristol. It means money for all the airports… It means resources for water and sewer.”

The package also includes $65 billion to improve broadband access, an effort Virginia has already begun to tackle.

[…]

Warner also discussed his bill to increase semiconductor production in the U.S., saying the supply chain issues with the chips are a contributing factor to high inflation, particularly with the price of vehicles.

“We have tens of thousands of cars that American auto companies have made,” Warner said. “They are sitting in lots in Michigan and Ohio and can’t get to market because we don’t make enough semi-conductor chips.”

Thirty to 40 years ago, Warner said, the U.S. made about 40% of all semiconductor chips in the world.

“Now we make 12%,” Warner said.

He said the U.S. doesn’t make the cutting-edge chips used in advanced technology, airplanes or satellites.

“They’re made in China. They’re made in Taiwan. And I can assure you, as the chairman of the Senate Intelligence Committee, it is a national security risk if we don’t bring that semiconductor manufacturing back to this country,” Warner said.

[…]

Richmond Times Dispatch: Chesterfield, Henrico, 2 other Va. localities vie for semiconductor chip sites

Hadis Morkoc, a professor of electrical engineering and physics, led a tour Thursday at VCU’s Virginia Microelectronics Center for a group that included Sen. Mark Warner.

Four local governments — including Chesterfield and Henrico counties — are pitching potential sites for large semiconductor chip factories to take advantage of a new federal law that dangles billions of dollars of incentives to return manufacturing of the critical microelectronic component to the United States.

Sen. Mark Warner, D-Va., one of the principal authors of the CHIPS + Science Act that President Joe Biden signed into law on Aug. 9, convened a roundtable discussion in Richmond on Thursday to showcase sites that the state is marketing to attract big investments by manufacturers eager to take advantage of $40 billion in new federal subsidies for domestic production of semiconductor chips.

“I think Virginia is going to be very competitive,” Warner said in an interview after the meeting and a tour of the Virginia Microelectronics Center at Virginia Commonwealth University. “But we have to realize that certain states at this point are a bit ahead.”

“We’re going to have to put up incentive packages that are frankly much larger than we have in the past,” he said, citing competition from states such as Ohio, Texas, Arizona and New York.

The 90-minute meeting included big county delegations led by Chesterfield County Administrator Joe Casey and Henrico County Manager John Vithoulkas as well as representatives for other potential semiconductor chip manufacturing sites in Pittsylvania County, outside of Danville, and Chesapeake in southeastern Virginia.

[…]

Virginia Business: Va. officials woo chip manufacturers

U.S. Sen. Mark Warner and state and local economic development officials are vying to attract semiconductor chip manufacturing facilities to four Virginia industrial sites as the commonwealth gears up to fight for a piece of the financial pie from sweeping federal legislation that promises to ramp up chip production in the U.S.

Representatives of Chesterfield, Henrico and Pittsylvania counties and the cities of Chesapeake and Danville joined with Warner, Virginia Economic Development Partnership President and CEO Jason El Koubi and Micron Technology Inc.’s senior vice president and general counsel, Rob Beard, Thursday during a meeting at Virginia Commonwealth University to discuss how to make Virginia more competitive. Officials from VCU and Virginia Tech also attended the meeting, which was closed to the press and public.

The meeting coincided with President Joe Biden issuing an executive order Thursday to kickstart the $280 billion CHIPS and Science Act, calling for swift implementation of a component of the bill that provides $52.7 billion in funding for domestic semiconductor manufacturing and research. Biden’s executive order establishes an interagency steering council to coordinate implementation of that funding, co-chaired by National Economic Director Brian Deese, National Security Advisor Jake Sullivan and Alondra Nelson, the acting director of the Office of Science and Technology Policy.

[…]

It was initially introduced in 2020 in an earlier form by Warner, Virginia’s Democratic senior senator, and Texas Republican Sen. John Cornyn; the act was passed by Congress this summer and Biden signed it into law on Aug. 9.

According to the Semiconductor Industry Association, the U.S.’s share of global semiconductor manufacturing capacity has decreased from 37% in 1990 to 12% today because other nations have been outpacing the U.S. in investing in the industry.

As chair of the Senate Select Committee on Intelligence, Warner has been outspoken about the need for domestic chip manufacturing. It’s a refrain he returned to Thursday as he toured labs at VCU’s C. Kenneth and Dianne Harris Wright Virginia Microelectronics Center.

“We’ve seen over the last 30 years, America dominated this industry to now … we only make about 12%,” Warner said. “And America, on the manufacturing side, we don’t make any of the cutting-edge chips.”

‘In the hunt’

Several sites in Virginia offer the space needed for the potential manufacture of semiconductors, which can require up to 1,000 acres, Warner said. A likely location for a new plant could be found in rural Southern or Southwestern Virginia.

[…]

While there may be shovel-ready sites to lure manufacturers, those locations alone might not be enough.

New York, Texas, Arizona and Ohio have “really raised the bar in going after semiconductors,” Romanello said.

To compete, Virginia needs to offer greater incentives.

“One of the things I think Virginia is going to need to do is both have sites prepared but also be willing to put more resources into these packages if we’re going to be competitive,” Warner said, citing New York’s corporate subsidy of up to $10 billion in tax credits for “green” semiconductor manufacturers over a 20-year period, enacted on Aug. 11, among other states’ incentives.

[…]

Beyond attracting the major chip manufacturers, officials told Virginia Business they’re looking at the entire semiconductor manufacturing ecosystem, which includes the supply chain for components and related materials. And that provides even more opportunities, El Koubi said.

“We are both looking at opportunities for Virginia to attract the semiconductor [fabrication] opportunities themselves for large semiconductor plants, but we’re also looking at ways to cultivate the ecosystem, building on Virginia’s existing strengths in the semiconductor space,” he said.

Those strengths include close to 30 companies in the semiconductor industry — providing production, equipment testing, construction and other services — and an advanced manufacturing and related industries workforce numbering almost 350,000.

Warner wants to see Virginia increase its capacity to manufacture the tools and equipment that go onto the “fab floors.” That’s a niche that has not yet been co-opted by Asian countries that otherwise dominate the semiconductor industry.

[…]

Danville Register & Bee: Swinging through Danville, Warner tours downtown, praises growth

Sen. Mark Warner made a stop in Danville on Wednesday afternoon, where he toured the River District and dropped by a few businesses.

Warner’s visit was part of the Democrat’s three-day swing through Southwest and Southside Virginia, which included a visit to Stuart before he came to Danville and then headed to South Boston.

During a meeting with about 20-25 community leaders after his walk with officials downtown, Warner praised the growth that has taken place in the River District.

He pointed out how empty downtown was several years ago and the resurgence of the River District since then, when “warehouses didn’t have a lot in them.” Now there are numerous locally owned businesses, including restaurants, retailers and other establishments.

“There are great things happening in a lot of communities across Virginia,” Warner told officials in the former Pepsi Building next to the Danville Science Center. “I don’t think there’s anything on a per-capita basis that is close to what you guys are doing here.”

Danville is attracting more people from other areas to come live here, he added.

“Sixty percent of the people coming into the community are not from the community...” Warner said.

He also pointed out Averett and Danville Community College in the city. With a one-bedroom unit renting for $1,100 in the River District and “you’re all full up is really an enormous, enormous accomplishment,” Warner said.

“I want to, you know, give you all the credit,” Warner said. “I hope that the community at large recognizes [that].”

He also referred to the decline of tobacco and textiles in the late 90s and early 2000s, which culminated in the closing of Dan River Inc.

“Very few communities got whacked as hard as Danville did,” Warner said.

City leaders, including the mayor, economic development director and others, led Warner on a tour of downtown on a hot August day. Stops included Ma’s Cakes and Moss Mountain Outfitters on Main Street, The Bee Hotel on South Union Street and Knitting Mills Lofts on Lynn Street.

During the meeting with leaders after the walk downtown, Warner said cooperation between Danville and Pittsylvania County is one factor that has made the community special.

“We’re stronger combined than separated,” he said, adding that it is the model that can enable a lot of other communities around Virginia to perform better.

Warner also touched upon national issues during his meeting with local officials.

Everybody should have access to high-speed, affordable internet, Warner said, challenging local leaders to get training for the region’s workforce to meet that need. About 750,000 broadband installers will be needed across the country, he said.

Danville needs a pop-up training center for that, he said.

“I think that’s going to be an opportunity there,” Warner said, adding that Virginia also needs to get a microchip manufacturing site.

[…]

Gazette Virginian: Warner calls Southside ‘the comeback region’ in South Boston stop

U.S. Sen. Mark Warner spoke to a crowd of about 50 local leaders, professionals and residents Wednesday afternoon at the SOVA Innovation Hub in South Boston.

The visit was one stop on the senior senator from Virginia’s multi-community tour of Southside.

Innovation Hub staff treated Warner to a brief tour of the facility, as the crowd waited for the senator’s comments.

“I have known him for 30 years; he’s been a consistent friend of Southern Virginia,” South Boston Mayor Ed Owens said as he introduced the senator. “He’s one of the smartest businessmen I’ve ever met.”

Warner expressed his admiration for Southside leaders and the community at large for their collective accomplishment of economic revitalization.

“There is no part of the state that is more ‘the comeback region’ than Southside Virginia, and that has required grit, determination — lesser communities would have thrown in the towel,” Warner said.

Warner focused on the accomplishments of Congress this year, suggesting that 2022 has been one of the most significant congressional terms since the civil rights era.

“I think this last year in the United States Congress will be looked back upon as one of the most productive years, literally since the 1960s,” he said.

Warner further added that bipartisanship has figured into the equation of the successes he sees in legislative action this year focusing on the infrastructure bill among other efforts.

[…]

Bristol Herald Courier: Biscuit complaints bring Warner to Ridgeview Middle School

CLINTWOOD, Va. - It was complaints about bad biscuits that brought Senator Mark Warner (D-Va.) to Ridgeview Middle School Monday.

Last school year, Ridgeview seventh-grade teachers April Hay and Portia Fletcher noticed their teenage students were not eating breakfast.

“Especially boys, when they are not eating, something is wrong. I started questioning them about why they were not eating and they said, ‘Well, we don’t really like it,’” Hay said. “It was whole wheat instead of the white wheat, and they were just not eating it.”

The director of food services suggested Hay write a letter to the senator about the issue. Hay took the suggestion a step further and worked with Fletcher to turn petitioning the government for better biscuits into a writing assignment.

“We went through the writing process to learn how to write a letter,” Hay said. “We sent those to the senator and I got a call one day from Richmond about it.”

Senator Warner’s office said Warner had seen and read the letters and wanted to help. The first response came last year in the form of breakfast from Hardee’s for the class from Warner. Then representatives from Warner’s office said the senator wanted to come meet the students in person about their project.

“We thought maybe we would get a nice letter or something from the senator,” Hay a teacher for 25 years said. “We never expected this much. This has been the highlight of our careers.”

So on the first day of the school year for Dickenson County, Warner met with the now eighth-grade class to say hello and answer questions, including a query asking if he has any aspirations beyond being a U.S. senator, which would be a run for president. After explaining he felt like he was in a good place to get things done for Virginia as senator, Warner did not reveal any potential presidential run to the auditorium full of eighth graders.

“I’m not sure that is in my future,” Warner said. “I don’t think it probably is in my future.”

Warner also met with area school superintendents and county officials discussing a variety of topics such as broadband access, mental health assistance for students and the issues surrounding teacher shortages.

Warner said he fears the recent controversies surrounding school boards would dissuade citizens from running for office leaving seats vacant in the future.

“I can’t think of a job that’s got less perks or upside and more grief. School board members have always been citizens who care about their community and I just worry that sometimes people’s anger and frustration have gotten so awful at some of these school board meetings around the country that people will just say, ‘I’m done,’ and that would be a huge loss not just to our education system, but to our democracy,” Warner said.

Bristol Virginia Schools Superintendent Dr. Keith Perrigan was one of the local school officials in attendance at the event. He said Warner has always been a big supporter of the public school system.

“Senator Warner, even back when he was governor, has always been a huge supporter of public education,” Perrigan said. “Obviously, at the federal level he doesn’t have the same opportunities that he did when he was governor, but he is always willing to listen and willing try to find a solution.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, issued a statement after a court released a redacted version of the affidavit that prompted federal law enforcement to search Mar-a-Lago.

“It appears, based on the affidavit unsealed this morning, that among the classified documents at Mar-a-Lago were some of our most sensitive intelligence – which is one reason the Senate Intelligence Committee has requested, on a bipartisan basis, a damage assessment of any national security threat posed by the mishandling of this information.

“The Department of Justice investigation must be allowed to proceed without interference.”

According to the affidavit, the Federal Bureau of Investigation found 184 unique documents bearing classification markings, including 25 documents marked as TOP SECRET, and documents bearing labels that indicated they contained information on clandestine human sources.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) sent a letter to the U.S. Department of Justice (DOJ) and U.S. Drug Enforcement Administration (DEA) asking the agencies to explain their plan to ensure continuity of care for patients being prescribed controlled substances via COVID-19 Public Health Emergency (PHE) telemedicine flexibilities. The current PHE declaration is set to expire on October 13, 2022 without intervention from the Biden Administration. Upon expiration current access to certain prescribed medications via telemedicine appointments will be stopped in order to remain in accordance with the Ryan Haight Online Pharmacy Consumer Protection Act of 2008.

During the COVID-19 Public Health Emergency, DEA has waived certain requirements of the Haight Act, including in-person or Special Registration requirements in order to prescribe controlled substances via telehealth.

“At the onset of the COVID-19 PHE, I was pleased to see the DEA act swiftly to ensure that patients could continue to access medically necessary controlled substances, including treatment for opioid use disorder, via telehealth by waiving the requirement that the patient have a prior in-person visit, regardless of their location, for the duration of the PHE,” wrote Sen. Warner.

He continued, “In the more than two years since that flexibility was put into place, patients have successfully continued and established treatment virtually, without reports of widespread harm. The pandemic has shown that telehealth is an appropriate modality for a great deal of health care services, and that health care providers and their patients should be at the center of modality decision-making.”

Sen. Warner posed a series of questions to ensure that there is a plan to continue to provide uninterrupted service:

1. Does DEA plan to extend any current waivers or flexibilities regarding prescribing controlled substances over telehealth beyond the expiration of the PHE?
   1. If so, in what way(s)?
   2. If not, why not? Would additional authorities from Congress be needed?
2. For patients who are under the care of a health care provider and are at risk of such care being interrupted or terminated upon PHE expiration, what flexibility or assistance will DEA provide such provider and patient to ensure appropriate continuity of care after the expiration?
3. As opioid overdoses and deaths continue to impact our communities, is DEA considering continuing some of these telehealth flexibilities under the ongoing nationwide opioid crisis Public Health Emergency designation?
   1. If so, what are the agency’s plans?
   2. If not, why not?
4. It is unacceptable that Americans have waited 14 years for the Special Registration rule; as telehealth will continue to expand, what is DEA’s plan to ensure appropriate access to legitimate health care services prior to the rule being finalized and implemented?

Earlier this year, Sen. Warner pushed the DEA to finalize a special registration for providers to prescribe controlled substances over telehealth, which has been required by Congress for nearly 14 years. Following this push, the DEA has drafted a rule, which is currently waiting for White House approval.

Sen. Warner has been a consistent leader for expanding telehealth accessibility. In May of this year, Sen. Warner led a bipartisan, bicameral group of lawmakers in legislation to expand telehealth services for patients undergoing dialysis. Sen. Warner was also an original co-sponsor of the 2016 Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act, reintroduced in 2021, and has been a longtime advocate for the expansion of telehealth in order to ease access to health care. 

Sen. Warner has consistently pushed for the permanent expansion of telehealth services, writing letters to congressional leadership in June 2020 and February 2022. Before the COVID-19 pandemic, Sen. Warner included a provision to expand telehealth services for substance abuse treatment in the Opioid Crisis Response Act of 2018. In 2003, then-Gov. Warner expanded Medicaid coverage for telemedicine statewide, including evaluation and management visits, a range of individual psychotherapies, the full range of consultations, and some clinical services, including in cardiology and obstetrics. Coverage was also expanded to include non-physician providers. Among other benefits, telehealth expansion allows individuals in medically underserved and remote areas of Virginia to access quality specialty care that isn’t always available nearby.

A copy of the letter is available here and below.

Dear Attorney General Garland, and Administrator Milgram:

As we await release of the proposed rule to create the Special Registration for Telemedicine, as directed by Congress first in 2008 in the Ryan Haight Online Pharmacy Consumer Protection Act and subsequently in the SUPPORT for Patients and Communities Act and appropriations legislation, I am writing today to request information about the Drug Enforcement Administration’s plan to ensure continued patient access to care upon expiration of the COVID-19 public health emergency (PHE).

At the onset of the COVID-19 PHE, I was pleased to see the DEA act swiftly to ensure that patients could continue to access medically necessary controlled substances, including treatment for opioid use disorder, via telehealth by waiving the requirement that the patient have a prior in-person visit, regardless of their location, for the duration of the PHE. In the more than two years since that flexibility was put into place, patients have successfully continued and established treatment virtually, without reports of widespread harm. The pandemic has shown that telehealth is an appropriate modality for a great deal of health care services, and that health care providers and their patients should be at the center of modality decision-making.

I am concerned for patients who are at risk of having their health care interrupted or terminated when DEA PHE flexibilities end. As you know, the goal of the Ryan Haight Act was not to stymie appropriate access to care, but to prevent illicit use and sale of controlled substances. To that end, it is critical that Congress understands what DEA’s plan is for the time between when the PHE expires and the Special Registration is implemented to ensure constituents receive the continued health care they need and deserve. Specifically, I would like to know:

(1)    Does DEA plan to extend any current waivers or flexibilities regarding prescribing controlled substances over telehealth beyond the expiration of the PHE?

1. If so, in what way(s)?
2. If not, why not? Would additional authorities from Congress be needed?

(2)    For patients who are under the care of a health care provider and are at risk of such care being interrupted or terminated upon PHE expiration, what flexibility or assistance will DEA provide such provider and patient to ensure appropriate continuity of care after the expiration?

(3)    As opioid overdoses and deaths continue to impact our communities, is DEA considering continuing some of these telehealth flexibilities under the ongoing nationwide opioid crisis Public Health Emergency designation?

1. If so, what are the agency’s plans?
2. If not, why not?

(4)    It is unacceptable that Americans have waited 14 years for the Special Registration rule; as telehealth will continue to expand, what is DEA’s plan to ensure appropriate access to legitimate health care services prior to the rule being finalized and implemented?

It is unacceptable that Americans have waited 14 years for the Special Registration rule; as telehealth will continue to expand, what is DEA’s plan to ensure appropriate access to legitimate health care services prior to the rule being finalized and implemented?

It is critical that the Department of Justice, the Drug Enforcement Administration, and Congress work together to ensure Americans receive the health care they need, both during the continuing COVID-19 pandemic and afterwards. I also urge you to expeditiously finalize the rulemaking for the Special Registration, as directed by Congress. Thank you in advance for your attention to this request and I look forward to hearing back from you.

Sincerely,

Mark R. Warner

cc: The Honorable Shalanda D. Young, Director, Office of Management and Budget

### 

WASHINGTON — U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after President Biden signed the Inflation Reduction Act into law:

“We’re proud that this law will lower the price of prescription drugs, reduce the deficit, bring down energy bills and fight climate change. We’re also glad that it will help ensure that miners suffering from black lung and their families get the care and benefits they deserve. We will continue to look for ways to support the health and well-being of our communities, decrease inflation, and lower costs for Virginians.”

Below are some of the ways the Inflation Reduction Act will benefit Virginians:

Lower Prescription Drug Costs

• The law allows Medicare to negotiate drug prices for seniors and people with disabilities—a provision Warner and Kaine have long fought to pass to lower prescription drug costs.
• The law establishes a $2,000 cap on out-of-pocket costs for prescription drugs for seniors covered under Medicare Part D. In 2020, more than 36,000 Virginians with Medicare Part D spent more than $2,000 out-of-pocket on their prescription drugs.
• The law expands the Low-Income Subsidy program, a program that currently helps cover prescription drug costs for over 11,000 low-income Virginians with Medicare.
• The law provides free coverage for vaccines under Medicare Part D and improves access to vaccines under Medicaid and the Children’s Health Insurance Program (CHIP). In 2020, nearly 85,000 Virginians received a vaccine covered under Medicare Part D.

Affordable Health Care

• During the pandemic, Congress enhanced subsidies under the Affordable Care Act (ACA) to help lower health care premiums for millions of Americans. The Inflation Reduction Act will extend these enhanced subsidies for three years through 2025 to help make Virginians’ health insurance more affordable. Over 300,000 Virginians have ACA coverage in 2022.
• The Center for Medicare & Medicaid Services (CMS) estimated that Virginians with ACA insurance would have seen a $71 increase in their monthly premiums for the next coverage year if these subsidies weren’t extended.

Black Lung Benefits

• The law permanently extends the Black Lung Disability Trust Fund excise tax at a higher rate, providing more certainty for miners, miner retirees, and their families who rely on the fund to access benefits. In Virginia, thousands of miners and their families have received benefits through the trust fund since it was established, including approximately 2,600 Virginians last year alone.

Clean Energy and Climate Provisions

• The law will reduce carbon emissions by roughly 40 percent by 2030.
• The law incentivizes investment in and production of renewable energy technologies like solar power and the Coastal Virginia Offshore Wind project.  The Inflation Reduction Act expands the 48C investment tax credit for clean energy manufacturers, with $4 billion reserved for use exclusively in coal communities. All clean energy tax credits include a bonus for meeting domestic manufacturing requirements related to steel, iron, or other manufactured components. The law also expands tax credits for residential clean energy and home efficiency improvements.
• According to a recent analysis, the clean energy provisions are expected to create nearly 1 million jobs per year.
• The law includes tax credits for clean medium and heavy duty trucks, such as those produced at the Volvo Trucks New River Valley Plant.
• The law includes a $7,500 consumer credit for the purchase of new electric vehicles and incentivizes that vehicles are produced in North America.
• The law includes $9.7 billion for financial assistance to rural electric cooperatives to improve resilience and affordability.
• The law includes $2 billion for the USDA Rural Energy for America Program to provide competitive grants and loan guarantees to farmers, ranchers, and rural small businesses for renewable energy systems or energy efficiency improvements.
• The law includes $20 billion to help farmers and ranchers adopt agriculture conservation practices that improve landscape resilience.

Tax Fairness

• The law takes steps to make sure that the largest corporations and wealthiest Americans pay their fair share in taxes, without increasing taxes on small businesses or families making less than $400,000 a year.
• The law also provides funding to modernize Internal Revenue Service (IRS) systems and improve customer service when paying taxes. This will help ensure the IRS has the resources it needs to process tax returns quickly, get rebates to taxpayers faster, and address challenges Americans have when filing taxes.

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WASHINGTON – Today, the bipartisan senators from Virginia, West Virginia and Tennessee sent a letter to Dr. Rahul Gupta, Director of the Office of National Drug Control Policy (ONDCP), pressing for additional assistance to combat drug-trafficking in the Appalachian region.

“In Appalachia, law enforcement struggles to stem the tide of substance abuse,” wrote U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), Sens. Joe Manchin (D-WV) and Shelley Moore Capito (R-WV), and Sens. Marsha Blackburn and Bill Hagerty (both R-TN). “In the words of then-Attorney General, William Barr, Appalachia has suffered the consequences of the opioid epidemic ‘more, perhaps, than any other region.’ In 2018, the overdose mortality rate for individuals ages 25-43 was 43 percent higher in Appalachia than the rest of the country. It is a region that needs the assistance that the HIDTA program was designed to provide.”

Since its creation in 1988, the High Intensity Drug Trafficking Areas (HIDTA) grant assistance program has provided for greater coordination and information sharing among federal, state, tribal, and local law enforcement agencies. These additional federal resources, allocated to areas deemed as critical drug trafficking regions, are essential in eliminating drug trafficking and its harmful consequences. ONDCP has the statutory authority to create new HIDTAs and add new counties to existing HIDTAs once it has received a formal petition from a coalition of law enforcement agencies.

Despite the enormous need, historically the Appalachian HIDTA has only gained approval for approximately 30 percent of petitions submitted. In the most recent round of designations, no counties within the Appalachian HIDTA – which encompasses Tennessee, Kentucky, West Virginia and Southwest Virginia – received the sought-after designation.

“This fact, juxtaposed with the region’s manifest need, suggests strongly that the process of awarding needs to be revisited,” the senators wrote in their letter to ONDCP. “Counties in the Appalachian HIDTA would benefit from the expansion of this program into their communities and it would be of immense help to the law enforcement agencies serving them and surrounding areas. As ONDCP reviews HIDTA designation petitions from Appalachia, we ask that you consider the devastating impacts of illegal drugs in the region in order to effectively disrupt and dismantle trafficking organizations and reduce drug-related crime.”

Concluded the senators, “We urge ONDCP to review its criteria to ensure that hard-hit regions like Appalachia remain competitive for HIDTA designations. We further request a written response describing the results of this review be provided in a timely manner.”

A copy of the letter is available here and below.

Dear Dr. Gupta:

We write today regarding the Office of National Drug Control Policy’s (ONDCP) High Intensity Drug Trafficking Areas (HIDTA) program and certain deficiencies in the designation process for counties in the Appalachian region.

Since its creation in 1988, the HIDTA grant assistance program has provided for greater coordination and information sharing among federal, state, tribal, and local law enforcement agencies. These additional federal resources, allocated to areas deemed as critical drug trafficking regions, are essential in eliminating drug trafficking and its harmful consequences.

As you know, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act) provides ONDCP the statutory authority to create new HIDTAs and add new counties to existing HIDTAs once it has received a formal petition from a coalition of law enforcement agencies. HIDTA designation is determined by four criteria, which include an evidence based description detailing the extent of illegal drug activity, the impact on the area and the United States, existing efforts to curtail it, and the increased need for federal resources to respond adequately to the area’s drug-related activities.

In Appalachia, law enforcement struggles to stem the tide of substance abuse. In the words of then-Attorney General William Barr, Appalachia has suffered the consequences of the opioid epidemic “more, perhaps, than any other region.” In 2018, the overdose mortality rate for individuals ages 25-43 was 43% higher in Appalachia than the rest of the country.  It is a region that needs the assistance that the HIDTA program was designed to provide.

Yet, historically, the Appalachian HIDTA has only gained approval for approximately 30% of petitions submitted. And in this most recent round of designations, no counties within the Appalachian HIDTA received the sought after designation. This fact, juxtaposed with the region’s manifest need, suggests strongly that the process of awarding the designation needs to be revisited.

Counties in the Appalachian HIDTA would benefit from the expansion of this program into their communities and it would be of immense help to the law enforcement agencies serving them and surrounding areas. As ONDCP reviews HIDTA designation petitions from Appalachia, we ask that you consider the devastating impacts of illegal drugs in the region in order to effectively disrupt and dismantle trafficking organizations and reduce drug-related crime.

We urge ONDCP to review its criteria to ensure that hard hit regions like Appalachia remain competitive for HIDTA designations. We further request that a written response describing the results of this review be provided in a timely manner.

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