Press Releases

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced that the Federal Emergency Management Agency (FEMA) will award $10 million to the Commonwealth of Virginia to fund the construction of a water storage reservoir in Loudoun County. 

“All Virginians deserve reliable access to healthy drinking water,” said the Senators. “We are glad to announce this $10 million grant to support a safe and dependable water supply in Loudoun County.”

The $10 million grant will help fund the conversion of a retired Luck Stone quarry to a water storage reservoir with a capacity over 1 billion gallons. The project includes a new pumping station with four submersible vertical turbine pumps, and water transmission mains will be installed to fill and discharge water from the reservoir. When completed, the new reservoir will provide additional water storage for the Washington, D.C. metro area so that water supply can be supplemented in the event of a drought. 

                                                                                                                                                                                                       

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WASHINGTON – Today, Senate Select Committee on Intelligence Chairman Mark R. Warner (D-VA) and Vice Chairman Marco Rubio (R-FL) released a joint statement after the Biden administration confirmed Anne Neuberger, the National Security Agency's cybersecurity director, will lead the administration’s response to the SolarWinds breach. Yesterday, Chairman Warner and Vice Chairman Rubio sent a letter to the Intelligence Community urging the Unified Coordination Group to name a leader in the United States’ response to the SolarWinds cyber breach that has affected numerous federal agencies and thousands of private sector entities.

“The federal government’s response to date to the SolarWinds breach has lacked the leadership and coordination warranted by a significant cyber event, so it is welcome news that the Biden administration has selected Anne Neuberger to lead the response. The Committee looks forward to getting regular briefings from Ms. Neuberger and working with her to ensure we fully confront and mitigate this incident as quickly as possible.”

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WASHINGTON - Today, U.S. Sen. Mark R. Warner (D-Va.) joined Senate Finance Committee Chair Ron Wyden, D-Ore., Senator Sherrod Brown, D-Ohio, and Senator Catherine Cortez Masto, D-Nev., in introducing legislation that would establish one set of technology and security capabilities for state unemployment offices.

“At a moment like this, the financial wellbeing of so many families across Virginia and throughout the nation hinges on the ability of state unemployment agencies to process benefits with efficiency and precision,” Warner, a former technology entrepreneur, said. “This legislation will harness the power of technology to bring unemployment agencies into the 21st century, improving user experience and establishing strong cybersecurity measures.” 

“While enhanced jobless benefits have enabled millions and millions of families to pay the rent and buy groceries, many states have been unable to get benefits out the door in a timely manner. I have heard story after story from Oregonians who have spent months trying to get their jobless benefits. That’s completely unacceptable when families are depending on these benefits to keep a roof over their heads,” Wyden said. “My bill requires a complete overhaul of unemployment insurance technology, and paves the way for one website to apply for jobless benefits, not 53. The bill also requires minimum standards for accessibility and equity. Black and Hispanic workers have been far less likely to access benefits, even though they have been far more likely to lose their jobs during this crisis because they work in the hardest-hit industries. Congress must not allow another recession to come and go without reforming our unemployment insurance system, and that starts with an overhaul of technology.”

“This bill would provide the tools and support Ohio needs to update its program and make it easier for Ohioans to access the unemployment benefits they are entitled to,” Brown said. “It’s been far too long since the program got the updates it needs.”

“Nevada still has one of the highest unemployment rates in the country, with many of its workers still out of work in hard-hit industries like hospitality, and thousands of Nevadans continue to rely on jobless benefits to help support their families,” Cortez Masto said. “I am proud to support a policy that provides resources essential to delivering a more efficient and accessible unemployment system that will ensure Nevadans, and Americans across the country, can access the help they need when they need it.” 

The Unemployment Insurance Technology Modernization Act

  • Requires the Department of Labor to work with the technology experts to develop, operate and maintain a modular set of technology capabilities to modernize unemployment compensation technology. 
    • States will be able to use all of the capabilities or choose to use only those capabilities that meet their needs.
    • The updated technology will help states ensure timely and accurate delivery of payments and better identify fraudulent claims.
  • Prioritizes user experience, including by requiring consultation and testing with claimants, employers, State workforce agency staff and other users.
  • Requires a study to evaluate unemployment insurance technology needs, with an emphasis on program accessibility and equity.
  • Establishes a new Department of Labor Digital Services Team to expand the Department’s ability to assist states with technological issues.
  • Ensures the use of best practices in cybersecurity, procurement and transparency during and after the development of the technology capabilities.
  • Includes the accessibility requirements for online claim-filing systems from Senator Wyden’s Unemployment Insurance Technology and Accessibility Act.
  • Includes provisions from Senator Wyden’s Algorithmic Accountability Act to ensure that the new technology capabilities do not rely on automated decision systems that may produce biased results without impact assessments and public input.

Bill text is available here

Statements of Support

Andrew Stettner, Senior Fellow, The Century Foundation: “The COVID19 pandemic has exposed serious deficiencies in the technology used to process unemployment insurance (UI) claims, deficiencies that are causing unacceptable delays in payments. The good news is, we can fix these UI tech challenges. I commend Senator Wyden for developing a truly national solution that can be utilized by multiple states, embedded with sound principles of user-centered design, civil rights, and protections against algorithmic bias.”

Arnab Datta, Employ America, Senior Legislative Counsel: “The COVID crisis has underscored the fact that our macroeconomic policy response can only be as effective as the infrastructure administering it. The Unemployment Insurance Technology Modernization Act will importantly invest in federal technology systems and staff, ensuring equity across state lines. Investing in a federal, modern UI system will ensure timely benefit payments and application processing will provide large and tangible benefits for workers, employers, and the macroeconomy. Senator Wyden’s emphasis on accessibility and equity and commitment to centering jobless workers’ experiences and needs is commendable, and we’re proud he’s tackling these issues head-on. This proposal is a positive step forward towards long-overdue infrastructure developments for unemployment insurance. We hope Congress will strongly consider this bill.”

Judy Conti, Government Affairs Director, the National Employment Law Project: “NELP commends the senators for introducing this bill that is well designed to help make crucial improvements to unemployment insurance programs across the country. Unemployed workers across the country have paid a terrible price during this pandemic and recession for the shameful neglect of UI infrastructure over the past few decades. It would be nothing short of immoral for us to fail to learn our lesson and make necessary corrections before the next crisis hits. We thank Senator Wyden for his foresight and leadership and look forward to working with him to make sure this bill is signed into law.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today participated in a virtual Senate Budget Committee hearing with Neera Tanden, President Biden’s nominee to lead the Office of Management and Budget (OMB). During the hearing, Sen. Warner questioned Tanden about her willingness to conduct a fulsome review of recent Army Corps of Engineers Work Plans, given the previous administration’s seemingly politically-motivated decision-making in prioritizing certain Army Corps projects over others that appear to be more competitive, including the Norfolk Harbor and Channels Deepening and Widening project.

“[Traditionally,] the Army Corp of Engineers civil works program…has been extraordinarily bipartisan. There is a thorough review where projects come forward, get evaluated, and then on a basis of points usually get added into that precious New Start category,” said Sen. Warner. “Unfortunately, over the last couple of years, we’ve seen that process politicized.” 

He continued, “We’ve seen a project…the Norfolk Harbor…clearly been qualified as the top project to get funded under any kind of objective analysis. But at the eleventh and a half hour, that objective analysis was thrown out the door by the previous administration’s OMB, and a political process took over. So I hope that you will be willing to conduct a full review of the Army Corp work plans to make sure that we can get back to a fair evaluation.” 

Given the critical work the Army Corps does in states across the country, Congress regularly provides substantial funding to the Army Corps of Engineers Civil Works program to help address the backlog of civil works projects. In providing additional funding, Congress has traditionally entrusted Army Corps professionals to determine which projects provide the greatest return on taxpayers’ investment. However, over the course of the past four years, these recommendations have seemingly been ignored or overruled by the Trump administration, in favor of other projects that appear to serve political means. 

A New Start designation would allow the Norfolk Harbor and Channels Widening and Deepening project to advance to its next stage of construction and receive Army Corps funding. Currently, the project is progressing using a combination of state and local funds.

Sen. Warner, a former Virginia governor, has been a champion in Congress for the Norfolk Harbor Widening and Deepening project, which will expand Norfolk Harbor’s shipping channels, improve navigation, and energize the national, state and local economy. In 2018, Sen. Warner successfullypushed for the inclusion of the Norfolk Harbor project, in addition to other coastal resiliency programs, in the bipartisan water infrastructure bill. Earlier this year, he led the entire Virginia congressional delegation in sending a letter to OMB requesting a New Start designation for the Norfolk Harbor project – a request they made in 2020 as well.

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WASHINGTON - Today, U.S. Sens. Mark R. Warner (D-Va.) joined Sens. Michael Bennet (D-Colo.), Ben Ray Luján (D-N.M.), Amy Klobuchar (D-Minn.) and 26 of their Senate colleagues  in requesting additional resources to support the mental health of employees working in the U.S. Capitol complex. Following the insurrection on January 6, 2021, demand for existing mental health programs has surged, leaving many workers in the Capitol complex, including janitorial staff and members of the press, without additional resources to help them cope with any trauma they may have experienced related to the attack on the Capitol.

In their letter, the senators urge Architect of the Capitol James Brett Blanton, Senate Acting Sergeant at Arms Jennifer Hemingway, Librarian of Congress Dr. Carla Hayden, and the U.S. Capitol Police (USCP) Acting Chief of Police Yogananda Pittman to work with them and the relevant House and Senate committees to expand the emotional and behavioral health services and resources available to congressional staff; janitorial and food service workers; members of the press corps; and Capitol Police.  

“As we work toward accountability and governing after the attack, Congress must ensure that support services, including emotional and behavioral health services, and resources are available to and appropriate for all who work in the Capitol to help promote healing,” wrote Bennet and the senators. 

They continued: “We thank [the Senate Employee Assistance Program] and [the House of Representatives Office of Employee Assistance] for responding to this crisis by rapidly scaling up their services and working relentlessly to ensure that Senate and House staff is aware of and understands the resources available to them. Nonetheless, needs are increasing, especially among Black, Indigenous, and People of Color, and we should expand these services to include all Capitol personnel, including contract workers and their families, who may be affected and need help. This would warrant further investment in the services and resources these offices provide.”

Following the attack on the Capitol, members of the Senate and House of Representatives returned to their respective chambers to finish certifying the results of the Electoral College. Janitorial crews also immediately returned to their duties to clean up the damage and vandalism. A member of the USCP, Brian Sicknick, died the day after the attack due to injuries sustained in the riot, and two other police officers have tragically died by suicide in the weeks following the attack. Additionally, congressional staff associations have raised concerns and are asking for answers and increased support services for themselves and other workers, highlighting the racial motivations behind the attack.

In addition to Warner, Bennet, Luján, and Klobuchar, the letter was signed by U.S. Senators Sherrod Brown (D-Ohio), Mazie Hirono (D-Hawaii), Tammy Baldwin (D-Wis.), Catherine Cortez Masto (D-Nev.), Ben Cardin (D-Md.), Dianne Feinstein (D-Calif.), Maggie Hassan (D-N.H.), Tina Smith (D-Minn.), Sheldon Whitehouse (D-R.I.), Ron Wyden (D-Ore.), Jeanne Shaheen (D-N.H.), Cory Booker (D-N.J.), Dick Durbin (D-Ill.), Gary Peters (D-Mich.), Bob Casey (D-Pa.), Chris Van Hollen (D-Md.), Richard Blumenthal (D-Conn.), Tom Carper (D-Del.), Jacky Rosen (D-Nev.), Tim Kaine (D-Va.), Jeff Merkley (D-Ore.), Tammy Duckworth (D-Ill.), Elizabeth Warren (D-Mass.), Debbie Stabenow (D-Mich.), Chris Murphy (D-Conn.), and Robert Menendez (D-N.J.).

The text of the letter is available HERE and below.

 

Dear Mr. Blanton, Ms. Hemingway, Dr. Hayden, and Chief Pittman:

We write to thank you for the work you have done following the attack on the United States Capitol on January 6, 2021, and strongly urge you to provide additional support and resources to the Senate Employee Assistance Program (EAP), the House of Representatives Office of Employee Assistance (OEA), and other efforts to help the broader Capitol community cope with the attack. We additionally express our concerns regarding the procedures and policies in place to protect and support Members of Congress, their staff, and other essential workers, like contract staff, members of the press corps, and the U.S. Capitol Police (USCP) in the United States Capitol both during and after the traumatic event.

On January 6, 2021, the Capitol was overwhelmed by violent insurrectionists while the Senate and House were in session. We are grateful for the heroic actions taken by U.S. Capitol staff, including the USCP, congressional and non-congressional staff, and other supporting entities like the Secret Service, D.C. Metropolitan Police, and the soldiers of the National Guard. Many put themselves in harm’s way to protect us, our colleagues, and our staff. Following the attacks, non-congressional workers like contract janitorial staff had to return to work to clean up the disturbing aftermath of the incident. As we work toward accountability and governing after the attack, Congress must ensure that support services, including emotional and behavioral health services, and resources are available to and appropriate for all who work in the Capitol to help promote healing. 

The United States Senate and the House of Representatives, through the EAP and OEA, respectively, assist Members, congressional staff, USCP, and their family members for personal and work-related problems, including emotional and behavioral support services. We thank EAP and OEA for responding to this crisis by rapidly scaling up their services and working relentlessly to ensure that Senate and House staff is aware of and understands the resources available to them. Nonetheless, needs are increasing, especially among Black, Indigenous, and People of Color, and we should expand these services to include all Capitol personnel, including contract workers and their families, who may be affected and need help. This would warrant further investment in the services and resources these offices provide. 

Many of the Capitol’s essential workers and support staff are contract employees and many do not currently have access to support services through EAP. In some cases, access to these vital programs is tied to Title V, Sec. 2107, which does not classify contract workers as “congressional employees”. This stipulation is not mandatory and we would ask you to ensure that all workers in the U.S. Capitol, regardless of class or classification, and their families have access to these services, especially trauma counseling.

As Members of Congress, we strongly urge you to work with us, the Senate Rules Committee, the House Administration Committee, and the Senate and House Appropriations Committees to expand the services and resources you provide. This should include ensuring the following:

  • Better information and protection for all U.S. Capitol workers in the event of future emergencies, including training, emergency planning, and coordination procedures;
  • Sufficient staff and funding to respond to current and projected needs;
  • Resources necessary to help non-congressional employees who may be affected such as members of the press-corps, food service contractors, military liaisons, and other contractors;
  • Enhanced mental, emotional, and behavioral health resources, including crisis services, for USCP officers to address and cope with trauma;
  • Availability of culturally competent services and resources for all employees, including those for whom English is a second language; and
  • Additional reforms to make the OEA and EAP more accessible and available to all employees, contractors, support staff and their families.

Capitol workers and journalists investigate and ensure the health of the U.S. Capitol, the very heart of our democracy. Everyone must feel safe, supported and protected while fulfilling their duty within the halls of the United States Congress.  

Sincerely, 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) raised concern with the Internal Revenue Service (IRS) after hearing from an alarming number of Virginians who have yet to receive their second economic impact payment (EIP) or long-awaited tax return. These troubling delays come as millions of Americans find themselves in desperate need of a financial lifeline after continuing to face economic hardship due to the COVID-19 crisis.

“I am deeply appreciative of the Internal Revenue Service’s (IRS) work during the pandemic. The agency has delivered hundreds of millions of EIPs to Americans, all while managing the risks associated with COVID-19 and the need to protect our public servants at the IRS,” wrote Sen. Warner in his letter to Treasury Secretary Janet Yellen and IRS Charles Commissioner Rettig.“However, while the IRS has made an effort to provide timely and updated information on their website, my constituents continue to be frustrated with their inability to navigate some of the issues that are delaying their tax refunds and their second round of EIPs.”

As of November 19, 2020, there were an estimated 3.3 million pieces of unopened mail – including 1.6 million tax returns – at the IRS’ four Submission Processing Centers.

Currently, taxpayers who do not receive their economic impact payment must claim these funds by filing a tax return. This threatens to further delay needed payments, and poses a particularly burdensome problem for Social Security recipients and other vulnerable populations, who may be forced to file a tax return despite not normally having a tax filing obligation. 

In his letter, Sen. Warner also stressed the IRS’ responsibility to process individual tax returns and issue refunds as quickly as possible. In order to further understand the ongoing situation, Sen. Warner asked for answers to the following series of questions: 

  1. What is the current IRS backlog of paper tax returns and correspondence specifically at the Kansas City, MO location where Virginians’ tax returns are processed? When does the IRS project it will be finished processing the backlog? Can the IRS commit to providing more frequent updates on the backlog?
  2. As the nation continues to work through the effects of the COVID-19 pandemic, what steps is the agency taking to prepare for the upcoming tax filing season and to process all returns, whether filed electronically or by U.S. Mail, as quickly as possible?
  3. For taxpayers who have filed their Forms 1095-A and 8962, when can they expect to have that form processed by the IRS?
  4. For the second EIP, how many payments have been successfully delivered?  How many payments have been returned to the IRS? Why are some constituents who received the first EIP now having issues accessing the second? 

During the COVID-19 crisis, Sen. Warner has been a strong advocate for Virginians, working to ensure that they get the funds to which they are entitled. Last April, he pressed the Treasury Department to ensure that families who are not normally required to file taxes do not need to wait until the following year to receive the additional $500 payment per dependent child that they were promised. He also successfully pushed the Treasury Department to allow Social Security recipients to automatically receive CARES Act direct cash assistance without needing to file a tax return.

Text of the letter is available here and below. 

 

Dear Secretary Yellen and Commissioner Rettig,

I write today to express my concern with the alarming number of my constituents who have not received their long-awaited tax refund or the second economic impact payment (EIP). As you are well aware, millions of Americans are facing economic hardships and are desperately in need of these funds to help make ends meet. 

I am deeply appreciative of the Internal Revenue Service’s (IRS) work during the pandemic. The agency has delivered hundreds of millions of EIPs to Americans, all while managing the risks associated with COVID-19 and the need to protect our public servants at the IRS. I applaud your responsiveness to Congress and the agency’s focus on delivering vital assistance to Americans in dire need of support. However, while the IRS has made an effort to provide timely and updated information on their website, my constituents continue to be frustrated with their inability to navigate some of the issues that are delaying their tax refunds and their second round of EIPs.

I understand that as of November 7, 2020, there were approximately 6.8 million individual paper return in various processing stages at the four Submission Processing Centers.  Commissioner Rettig stated in his November 19, 2020, letter to my office that there were “an estimated 3.3 million pieces of unopened mail at these four locations, including 1.6 million tax returns.”

Since the November 19, 2020 letter from Commissioner Rettig, I have continued to hear from constituents that still have not had their 2019 tax returns processed or received their refunds. In addition, my constituents report that they have not received their second EIP despite many of these constituents reporting that they received their previous payment via direct deposit, and the agency’s Get My Payment Tool indicates their payment was authorized and mailed on January 6, 2021. Because taxpayers who do not receive their EIP must claim their payment by filing a tax return and claiming the Recovery Rebate Credit, many taxpayers face the possibility of even lengthier waits to receive their payment, including many who do not normally have a tax filing obligation. As you know, this population includes Social Security recipients and the most vulnerable in our county. 

In addition, constituents continue to indicate that they are not receiving refunds due to lags in processing Health Insurance Marketplace Statements (Form 1095-A) and Premium Tax Credits (Form 8962), which are required if they receive their healthcare from the Affordable Care Act marketplace.

I appreciate the enormity of the challenges that the agency faces in trying to conduct its work while keeping its workers safe from COVID-19. However, the agency has a responsibility to process individual tax returns and issue all refunds that taxpayers are entitled to as quickly as possible and to be as communicative as possible.

To help me respond adequately to my constituents, please answer the following questions:

  1. What is the current IRS backlog of paper tax returns and correspondence specifically at the Kansas City, MO location where Virginians’ tax returns are processed? When does the IRS project it will be finished processing the backlog? Can the IRS commit to providing more frequent updates on the backlog?
  2. As the nation continues to work through the effects of the COVID-19 pandemic, what steps is the agency taking to prepare for the upcoming tax filing season and to process all returns, whether filed electronically or by U.S. Mail, as quickly as possible?
  3. For taxpayers who have filed their Forms 1095-A and 8962, when can they expect to have that form processed by the IRS?
  4. For the second EIP, how many payments have been successfully delivered?  How many payments have been returned to the IRS? Why are some constituents who received the first EIP now having issues accessing the second?

I know the IRS is working diligently to serve the American people, and I welcome our continued collaboration to help Americans across the country. Thank you for your attention to this important issue.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence and U.S. Sen. Marco Rubio (R-FL), Vice Chairman of the Senate Select Committee on Intelligence, sent a letter to the Director of National Intelligence (ODNI) Avril Haines, National Security Agency (NSA) Director General Paul Nakasone, Federal Bureau of Investigation (FBI) Director Christopher Wray, and Cybersecurity and Infrastructure Security Agency (CISA) Acting Director Brandon Wales, urging the Unified Coordination Group to name a leader  in the United States’ response to the SolarWinds cyber breach that has affected numerous federal agencies and thousands of other private sector entities.

In the letter to the intelligence community, the Senators wrote, “The briefings we have received convey a disjointed and disorganized response to confronting the breach. Taking a federated rather than a unified approach means that critical tasks that are outside the central roles of your respective agencies are likely to fall through the cracks.  The threat our country still faces from this incident needs clear leadership to develop and guide a unified strategy for recovery, in particular a leader who has the authority to coordinate the response, set priorities, and direct resources to where they are needed.”

The text of the full letter is here and can be found below.

Dear Director Haines, General Nakasone, Director Wray, and Acting Director Wales:

We are writing to urge you to name and empower a clear leader in the United States’ response to the SolarWinds cyber breach that has affected numerous federal agencies, and thousands of other private sector entities.  The federal government’s response so far has lacked the leadership and coordination warranted by a significant cyber event, and we have little confidence that we are on the shortest path to recovery.

The briefings we have received convey a disjointed and disorganized response to confronting the breach. Taking a federated rather than a unified approach means that critical tasks that are outside the central roles of your respective agencies are likely to fall through the cracks.  The threat our country still faces from this incident needs clear leadership to develop and guide a unified strategy for recovery, in particular a leader who has the authority to coordinate the response, set priorities, and direct resources to where they are needed. 

The handling of this incident is too critical for us to continue operating the way we have been.  Presidential Policy Directive-41 was not meant to impede a joint response to significant cyber incidents and clearly gives the Unified Coordination Group the authority, with mutual agreement and consistent with applicable legal authorities, to realign operational control of respective agency assets to respond to such incidents.  We urge you to reach such an agreement and assign a clear leader to ensure we confront and mitigate this incident fully, and as quickly as possible.

 

Sincerely,

 

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WASHINGTON – Today, U.S. Senator Mark R. Warner (D-Va) joined Senators Ben Cardin and Chris Van Hollen (both D-Md.) and Senate Majority Leader Chuck Schumer (D-N.Y.) in announcing the reintroduction of the Safe Environment from Countries Under Repression and in Emergency (SECURE) Act, legislation to allow qualified TPS recipients to apply for legal permanent residency. The Senators noted the support of over 20 of their Senate colleagues. They underscored their commitment to working with the Biden Administration and the new Democratic majority in the Senate to provide security to TPS recipients. 

“TPS recipients are essential to our communities in Maryland and across the country. They are business owners contributing to our economies, students with bright futures, and leaders on the frontlines of our social movements. They came here legally and it is unsafe to return to their home countries. We have a moral obligation not to return people to countries that will put them in harm’s way,” said Senator Cardin. “The SECURE Act will extend protections for these hardworking residents and end the uncertainty and discrimination they faced under the previous administration.”

“For decades, our country has welcomed and protected those fleeing violence and turmoil around the world. TPS recipients are members of our communities – they are our neighbors, local business owners, friends, and frontline workers. Many have lived here legally for over twenty years – and have come to call our country home. But over the last four years, the livelihoods of these individuals have been under constant threat. Now, alongside the Biden Administration, we must prioritize providing TPS recipients security and certainty. We’ll be working to quickly get this done,” said Senator Van Hollen. 

"TPS holders are our neighbors, friends and colleagues and many have lived in the U.S. for decades and call America home. These individuals have made countless contributions to our communities and businesses and many have served on the frontlines of fighting the COVID-19 pandemic. It is essential that we stand with them by working to pass the SECURE Act, which is why I'm proud to join Senator Van Hollen and Senator Cardin in reintroducing this piece of legislation today," said Senate Majority Leader Chuck Schumer (D-N.Y.)an original cosponsor of the legislation.

In addition to Senators Warner, Cardin, Van Hollen, and Schumer the legislation is cosponsored by Senate Judiciary Chairman Dick Durbin (D-Ill.), and Senators Brian Schatz (D-Hawaii), Richard Blumenthal (D-Conn.), Dianne Feinstein (D-Calif.), Ed Markey (D-Mass.), Catherine Cortez-Masto (D-Nev.), Tina Smith (D-Minn.), Kirsten Gillibrand (D-N.Y.), Elizabeth Warren (D-Mass.), Jacky Rosen (D-Nev.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), Ron Wyden (D-Ore.), Sheldon Whitehouse (D-R.I.), Tim Kaine (D-Va.), Patty Murray (D-Wash.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Chris Coons (D-Del.), and Amy Klobuchar (D-Minn.). 

TPS is a temporary, legal status granted to foreign citizens who are endangered by conditions in their home country such as ongoing armed conflict, environmental disaster, epidemic, or other extraordinary events. Currently, there are approximately 411,000 people with TPS in the United States from ten designated countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen. TPS status is granted for set periods ranging from six to 18 months, requiring the Department of Homeland Security to extend a country's status on a recurring basis. Every time a country is recertified, recipients must reapply and pass a thorough background check.

In September 2020, a federal court of appeals ruled in favor of the Trump Administration and reversed a court order in the Ramos v. Nielsen lawsuit which halted the termination of TPS designations for El Salvador, Haiti, Nicaragua, and Sudan; this court order also stopped terminations of TPS for Honduras and Nepal. TPS recipients now face uncertainty as they wait for the pending re-hearing on the case. This uncertainty and the continued dangerous circumstances in their home countries has created considerable hardship for TPS recipients and their families, including American-born children. The SECURE Act will provide stability for these individuals and their communities by giving them the ability to apply for legal permanent residency. Under the bill, all TPS recipients who were qualified under the most recent TPS designation and who have been continuously present in the United States for at least three years would be eligible to apply for legal permanent residency.

Text of the legislation can be found here.

Today’s call was attended by a wide array of advocacy organizations including: CASA, National TPS Alliance, 32BJ of the Service Employees International Union (SEIU), LIUNA, Alianza Americas, African Communities Together, Adhikaar, Haitian Bridge Alliance, and Presente.org. 

“I am the lead plaintiff in the lawsuit led by TPS families challenging the Trump Administration’s racist and anti-immigrant attempts to tear more than 275,000 US citizen children from their parents. For too long TPS families have been pawns in other people's agendas even after we fought tirelessly in the federal courts, marched on Washington, and lobbied congress to get to this point. Now it is time for Congress to utilize any and all legislative vehicles which would guarantee our families a Permanent Residency,” said Crista Ramos, lead plaintiff in the Ramos Case and daughter of Salvadoran TPS holders from San Francisco, California. Crista is a member of the National TPS Alliance. 

“My job as an essential worker, making sure rooms are safe and clean for Walter Reed patients can mean life or death for everyone inside,” said TPS holder, Barbara Rauda, a 32BJ SEIU member and mother of three working as a frontline cleaner at Walter Reed Military Hospital. “I have been in the U.S. for over twenty one years and I have three children who are U.S. citizens, having a green card would help keep families like mine together.”

As a frontline worker during the COVID pandemic, my immigration status has brought me tremendous stress that I would not be able to provide care in my community. It has been a privilege to be part of the workforce combatting COVID-19, taking care of vulnerable populations. However, as a TPS holder, my working permit had an expiration date. There was always that fear that it would not be renewed or worse, that I would be deported back to my country; a country that I had left as a teenager almost two decades ago. For the past decades, I felt loss, hurt, disappointed, and afraid for my future. Lawful permanent residency would mean hope for tomorrow, hope for my future and for my family,” said Rose Michelle Tilus, a Rhode Island TPS Holder from Haiti, frontline worker and member of the Haitian Bridge Alliance.

“This month of February it is 21 years that I cannot hug my parents. Two weeks ago my 96-year-old father was on the brink of death. Lawful permanent residency would allow me to continue contributing to the United States and to be close to my family in El Salvador during emergencies,” said Yanira Arias, TPS beneficiary from El Salvador and member of Alianza Americas. Yanira is the main source of financial support for her elderly parents and an organizer mobilizing immigrant communities across the United States.

“I am a proud single mother of a daughter who is now 30 years old and is working as a nurse. Within a couple of years of getting my work permit through TPS, I was able to acquire two businesses in Dallas, and in Texarkana. TPS has given this mother and daughter the opportunities that we could never have imagined back in Nepal, especially as a single mother family. Yet, the uncertainty that TPS entails has been very stressful for us. We need permanent residency so that I can grow my businesses further, my daughter can be ensured of longer-term employment in health services, and we can both continue to give back to the community the way we always have been even while in temporary status,” said Namrata Pokhrel, a Texas TPS holder from Nepal, member of Adhikaar and small business owner. 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with U.S. Rep. Elaine Luria (D-VA), sent a letter urging the Biden Administration to allocate funds to address the deferred maintenance backlog at Colonial National Historical Park in the President’s FY22 budget request. Colonial National Historical Park has a deferred maintenance backlog of over $434 million, the largest backlog of any national park unit in Virginia. Specifically, the members of Congress are requesting that the Department of the Interior allocate funds that were made possible by the passage of Sen. Warner’s legislation, the Great American Outdoors Act (GAOA), to help address deferred maintenance along the Colonial Parkway, which connects Virginia Historic Triangle: Jamestown, Williamsburg, and Yorktown Battlefield.

“As the Department of the Interior continues its work on the FY22 Budget, we urge the Department to allocate funds from the Great American Outdoors Act (GAOA) to address significant deferred maintenance along the historic and vital Colonial Parkway, located within Colonial National Historical Park (COLO). The deferred maintenance backlog at COLO currently stands at $434 million, the highest of any unit in the Commonwealth of Virginia. Critical maintenance needs along the Colonial Parkway make up a significant portion of COLO’s deferred maintenance backlog,” wrote the Members of Congress to Department of the Interior Acting Secretary Scott de la Vega.

In their letter, the members of Congress underscore the vital role the 23-mile scenic Colonial Parkway plays in connecting Virginia’s Historic Triangle, which Jamestown, Williamsburg, and Yorktown rely on for tourism in addition to serving as a critical local commuter route in the region.

“In addition to linking these historic sites, the Parkway has become an important local commuter route in Eastern Virginia. Some sections carry over four million vehicles per year and the Federal Highway Administration predicts a traffic increase of nearly 50 percent over the next 20 years. Repairs to the Colonial Parkway are needed to address significant safety and flooding concerns, preserve and improve access to historical sites like Jamestown and Yorktown Battlefield, and extend the life of the Parkway,” they continued.

The Great American Outdoors Act is a product of Sen. Warner’s more than three-year effort to provide relief to national parks in Virginia, where the maintenance backlog currently sits at $1.1 billion. Last year, four Virginia projects received funding in FY21, including a project to rehabilitate the northern section of the George Washington Memorial Parkway and a project to refurbish a significant portion of Skyline Drive. The members of Congress have also sent a letter in support of  funding repairs along an 11-mile stretch of Colonial Parkway between Williamsburg and Yorktown, Va.

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

 

Dear Acting Director de la Vega:

As the Department of the Interior continues its work on the FY22 Budget, we urge the Department to allocate funds from the Great American Outdoors Act (GAOA) to address significant deferred maintenance along the historic and vital Colonial Parkway, located within Colonial National Historical Park (COLO). The deferred maintenance backlog at COLO currently stands at $434 million, the highest of any unit in the Commonwealth of Virginia. Critical maintenance needs along the Colonial Parkway make up a significant portion of COLO’s deferred maintenance backlog.

The Colonial Parkway holds significant historical value and plays a vital role for communities in Eastern Virginia. Completed in 1957, the Colonial Parkway is a 23-mile scenic roadway that extends from the York River at Yorktown to the James River at Jamestown. The Parkway connects Virginia’s Historic Triangle: Historic Jamestown, Colonial Williamsburg, and Yorktown Battlefields – three of the most historically significant sites in our country. Congress passed the GAOA in large part to preserve our historical sites for future generations of Americans. Virginia’s Historic Triangle is integral to the story of our nation’s founding.

In addition to linking these historic sites, the Parkway has become an important local commuter route in Eastern Virginia. Some sections carry over four million vehicles per year and the Federal Highway Administration predicts a traffic increase of nearly 50 percent over the next 20 years. Repairs to the Colonial Parkway are needed to address significant safety and flooding concerns, preserve and improve access to historical sites like Jamestown and Yorktown Battlefield, and extend the life of the Parkway.

Thank you for your attention to this request. We understand the difficult task the Department has in allocating GAOA funds. We look forward to working with the Department on implementation of GAOA to ensure our national parks and public lands have the resources they need to reduce the deferred maintenance backlog and rebuild critical infrastructure.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter urging the Biden administration to take the necessary steps to ensure that residents in rural communities have access to the COVID-19 vaccine. The letter follows reporting that there are no pharmacies in Southwest Virginia participating in the Federal Retail Pharmacy Program for COVID-19 Vaccination, a program that aims to expedite COVID-19 vaccine distribution by shipping vaccine doses directly to retail pharmacy locations.

“We have heard from a number of providers, community leaders, and other stakeholders expressing their concerns about a lack of adequate vaccine access in rural areas of Virginia. We understand that current vaccine doses are limited in every community and do believe that you are working in good faith to best distribute and administer a limited number of vaccine supplies. However, we are particularly concerned with recent reports that there are zero Southwest Virginia pharmacies participating in the Federal Retail Pharmacy Program,” wrote the Senators to U.S. Department of Health and Human Services (HHS) Acting Secretary Norris Cochran and Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky.

While the CDC lists CVS Pharmacy as the only retail partner in the program for Virginia, there are no CVS pharmacies in Southwest Virginia that are currently participating in the program. In their letter, the Senators applauded the program to help get more Americans vaccinated to better combat the COVID-19 health crisis, while underscoring the need for the program to include providers in Southwest Virginia.

“As you know, Americans in rural and underserved communities are more likely to be older or otherwise at-risk for developing severe infection from COVID-19. This reality makes it all the more important to appropriately expedite available vaccine doses to these communities. We appreciate that by launching the Federal Retail Pharmacy Program, HHS and CDC have taken deliberate steps to implement a national vaccination strategy, but we must make sure this national strategy appropriately includes rural communities,” they continued. “We urge you to work with stakeholders in Virginia to expand the Federal Retail Pharmacy Program to include providers in Southwest Virginia. Additionally, we ask that you further examine the Federal Retail Pharmacy Program and your national vaccination strategy to ensure that it includes a plan for equitable vaccine distribution and administration in rural communities.”

A copy of the letter is found here and below.

 

Dear Acting Secretary Cochran and Director Walensky:

Thank you for your work thus far to combat the COVID-19 pandemic in Virginia and nationally. As the Biden administration continues to ramp up efforts to get more Americans vaccinated, we are writing to request that the U.S. Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) work closely with states and local governments to ensure the equitable distribution and administration of COVID-19 vaccine doses in rural and medically underserved communities. Specifically, we ask that you take the necessary steps of ensuring the newly launched Federal Retail Pharmacy Program has a sufficient number of participating pharmacy partners in rural Southwest Virginia communities.

We have heard from a number of providers, community leaders, and other stakeholders expressing their concerns about a lack of adequate vaccine access in rural areas of Virginia. We understand that current vaccine doses are limited in every community and do believe that you are working in good faith to best distribute and administer a limited number of vaccine supplies. However, we are particularly concerned with recent reports that there are zero Southwest Virginia pharmacies participating in the Federal Retail Pharmacy Program.

As you know, Americans in rural and underserved communities are more likely to be older or otherwise at-risk for developing severe infection from COVID-19. This reality makes it all the more important to appropriately expedite available vaccine doses to these communities. We appreciate that by launching the Federal Retail Pharmacy Program, HHS and CDC have taken deliberate steps to implement a national vaccination strategy, but we must make sure this national strategy appropriately includes rural communities.

We urge you to work with stakeholders in Virginia to expand the Federal Retail Pharmacy Program to include providers in Southwest Virginia. Additionally, we ask that you further examine the Federal Retail Pharmacy Program and your national vaccination strategy to ensure that it includes a plan for equitable vaccine distribution and administration in rural communities.

Thank you in advance for your consideration of this request, and we look forward to hearing back from you. Please do not hesitate to contact us should you have any questions or need additional information from us or our staff.

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WASHINGTON – Today U.S. Sens. Mark R. Warner (D-VA), Mazie Hirono (D-HI) and Amy Klobuchar (D-MN) announced the Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act to reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, targeted harassment, and discrimination on their platforms.  

“When Section 230 was enacted in 1996, the Internet looked very different than it does today. A law meant to encourage service providers to develop tools and policies to support effective moderation has instead conferred sweeping immunity on online providers even when they do nothing to address foreseeable, obvious and repeated misuse of their products and services to cause harm,” said Sen. Warner, a former technology entrepreneur and the Chairman of the Senate Select Committee on Intelligence. “Section 230 has provided a ‘Get Out of Jail Free’ card to the largest platform companies even as their sites are used by scam artists, harassers and violent extremists to cause damage and injury. This bill doesn’t interfere with free speech – it’s about allowing these platforms to finally be held accountable for harmful, often criminal behavior enabled by their platforms to which they have turned a blind eye for too long.” 

“Section 230 was passed in 1996 to incentivize then-nascent internet companies to voluntarily police illegal and harmful content posted by their users. Now, twenty-five years later, the law allows some of the biggest companies in the world turn a blind eye while their platforms are used to violate civil and human rights, stalk and harass people, and defraud consumers—all without accountability,” Sen. Hirono said. “The SAFE TECH Act brings Section 230 into the modern age by creating targeted exceptions to the law’s broad immunity. Internet platforms must either address the serious harms they impose on society or face potential civil liability.”

“We need to be asking more from big tech companies, not less. How they operate has a real-life effect on the safety and civil rights of Americans and people around the world, as well as our democracy. Holding these platforms accountable for ads and content that can lead to real-world harm is critical, and this legislation will do just that,” said Sen. Klobuchar. 

The SAFE TECH Act would make clear that Section 230:

·       Doesn’t apply to ads or other paid content – ensuring that platforms cannot continue to profit as their services are used to target vulnerable consumers with ads enabling frauds and scams;

·       Doesn’t bar injunctive relief – allowing victims to seek court orders where misuse of a provider’s services is likely to cause irreparable harm; 

·       Doesn’t impair enforcement of civil rights laws – maintaining the vital and hard-fought protections from discrimination even when activities or services are mediated by internet platforms; 

·       Doesn’t interfere with laws that address stalking/cyber-stalking or harassment and intimidation on the basis of protected classes – ensuring that victims of abuse and targeted harassment can hold platforms accountable when they directly enable harmful activity;

·       Doesn’t bar wrongful death actions – allowing the family of a decedent to bring suit against platforms where they may have directly contributed to a loss of life;

·       Doesn’t bar suits under the Alien Tort Claims Act – potentially allowing victims of platform-enabled human rights violations abroad (like the survivors of the Rohingya genocide) to seek redress in U.S. courts against U.S.-based platforms.

These changes to Section 230 do not guarantee that platforms will be held liable in all, or even most, cases. Proposed changes do not subject platforms to strict liability; and the current legal standards for plaintiffs still present steep obstacles. Rather, these reforms ensure that victims have an opportunity to raise claims without Section 230 serving as a categorical bar to their efforts to seek legal redress for harms they suffer – even when directly enabled by a platform’s actions or design. 

Bill text is available here. A three-page summary is available here. Frequently asked questions about the bill are available here. A redline of Section 230 is available here.

“Social media platforms and the tech companies that run them must protect their users from the growing and dangerous combination of misinformation and discrimination. As we have repeatedly seen, these platforms are being used to violate the civil rights of Black users and other users of color by serving as virtually-unchecked homes for hateful content and in areas such as housing and employment discrimination through the targeting and limiting of who can see certain advertisements. Section 230 must be strengthened to ensure that these online communities are not safe harbors for the violations of civil rights laws. LDF supports Senator Warner and Senator Hirono’s bill as it addresses these critical concerns,” said Lisa Cylar Barrett, Director of Policy, NAACP Legal Defense and Educational Fund, Inc. (LDF)

“Tech companies must be held accountable for their roles in facilitating genocide, extremist violence and egregious civil rights abuses. We applaud Senators Hirono and Warner for their leadership in introducing a robust bill that focuses on supporting targets of civil and human rights abuses on social media while also addressing cyber-harassment and other crimes stemming from the spread of hate and disinformation. The sweeping legal protections enjoyed by tech platforms cannot continue,” said Jonathan A. Greenblatt, CEO of ADL (Anti-Defamation League).

“Platforms should not profit from targeting employment ads toward White users, or from targeting voter suppression ads toward Black users. Senator Warner and Senator Hirono’s comprehensive bill makes it clear that Section 230 does not give platforms a free pass to violate civil rights laws, while also preserving the power of platforms to remove harmful disinformation,” said Spencer Overton, President, Joint Center for Political and Economic Studies.

“I applaud the SAFE TECH Act introduced by Sens. Warner and Hirono which provides useful modifications to section 230 of the 1996 Communications Decency Act to limit the potential negative impacts of commercial advertising interests while continuing to protect anti-harassment and civil and human rights interests of those who may be wrongfully harmed through wrongful online activity,”

Ramesh Srinivasan, Professor at the UCLA Department of Information Studies and Director of UC Digital Cultures Lab, said.

“Congress enacted 47 USC 230 in the mid-1990s to support online innovation and free speech but the way in which courts have very generously read Section 230 have meant there is no legal mechanism that has done more to insulate intermediaries from legal accountability for distributing, amplifying, and carefully delivering unlawful content and facilitating dangerous antisocial connections. Racist, misogynist, and violent antidemocratic forces coalesce online because intermediaries rarely have to account for their social impacts. Senator Warner and Senator Hirono’s proposed changes create a new and necessary incentive for such companies to be far more mindful of the social impacts of their services in areas of law that are of vital importance to the health of the networked information environment. It does this while not abandoning the protection for intermediaries' distribution of otherwise lawful content,” said Olivier Sylvain, Professor at Fordham Law School and Director of the McGannon Center for Communications Research.

“We applaud Senator Warner and Senator Hirono’s important effort to reform Section 230 and thus bring greater accountability to the tech sector. Warner’s proposed reforms are crucial to protecting civil rights and making the web safer for those who have been negatively impacted by much that happens there, both online and off.  We thank Senator Warner and Senator Hirono for tackling this critically important issue,” Wendy Via, Cofounder, Global Project Against Hate and Extremism, said.

“The Cyber Civil Rights Initiative welcomes this effort to protect civil rights in the digital age and to hold online intermediaries accountable for their role in the silencing and exploitation of vulnerable communities. This bill offers urgently needed provisions to limit and correct the overzealous interpretation of Section 230 that has granted a multibillion dollar industry immunity and impunity for profiting from irreparable injury,” said Mary Anne Franks, President, Cyber Civil Rights Initiative and Danielle K. Citron, Vice President, Cyber Civil Rights Initiative.

“For too long, companies like Facebook and YouTube have undermined the rights and safety of Muslims and communities of color in the U.S. and around the world. We have urged them to take responsibility for the targeted hate and violence, including genocide, facilitated by their platforms but these companies have refused to act,” said Madihha Ahussain, Muslim Advocates Special Counsel for Anti-Muslim Bigotry. “We appreciate Senators Warner and Hirono for introducing the SAFE TECH Act, which includes essential adjustments to Section 230 and will finally hold these companies accountable for violating people’s rights.”

“The SAFE TECH Act is an important step forward for platform accountability and for the protection of privacy online. Providing an opportunity for victims of harassment, privacy invasions, and other violations to remove unlawful content is critical to stopping its spread and limiting harm,” said Caitriona Fitzgerald, Interim Associate Director and Policy Director, Electronic Privacy Information Center (EPIC).

“The SAFE TECH Act is the Section 230 reform America needs now. Over-expansive readings of Section 230 have encouraged reckless and negligent shirking by platforms of basic duties toward their users. Few if any of the drafters of Section 230 could have imagined that it would be opportunistically seized on to deregulate online arms sales, protect sellers of defective merchandise, permit genocidaires to organize online with impunity, or allow dating sites to ignore campaigns of harassment and worse against their users. The SAFE TECH Act reins in the cyberlibertarian ethos of Section 230 imperialism, permitting courts to carefully weigh and assess evidence in cases where impunity is now preemptively assumed,” Frank Pasquale, Author of The Black Box Society and Professor at Brooklyn Law School, said.

“For far too long online platforms have placed profit over accountability and decency, and allowed misinformation, algorithmic discrimination, and online hate to be weaponized. When the Communications Decency Act was passed in 1996, no one imagined it would be used to shield the most valuable companies in the world from basic civil rights compliance,” said David Brody, Counsel and Senior Fellow for Privacy and Technology, Lawyers’ Committee for Civil Rights Under Law. “This bill would make irresponsible big tech companies accountable for the digital pollution they knowingly and willfully produce, while continuing to protect free speech online. Black Americans and other communities of color are frequent targets of online hate, threats and discrimination, and many of these online behaviors would not be tolerated if they occurred in a brick-and-mortar business. It is time that big tech stop treating our communities of color like second-class citizens, and give them the protection they deserve.”

“It is unacceptable that Big Tech enjoys near total legal immunity from the harm that their platforms expose to children and families. Tech companies should not be able to hide behind Section 230 to avoid abiding by civil rights laws, court injunctions, and other protections for families and the most vulnerable in society. Reforms proposed by Sens. Warner and Hirono begin to change that. It is time to hold these companies accountable for the harms their platforms have unleashed on society,” said James P. Steyer, CEO and Founder, Common Sense.

“The deadly insurrection at the Capitol made clear that lawmakers must take immediate action to ensure multi-billion-dollar social media companies, whose business models incentivize the unchecked spread of hate-fueled misinformation and violent clickbait conspiracies, can no longer abuse Section 230’s broad protections to evade civil rights laws,” said Arisha Hatch, Color Of Change Vice President and Chief of Campaigns. “The SAFE TECH Act from Sen. Warner and Sen. Hirono is critical. The proposed reform would not only prevent power-hungry social media companies from leveraging Section 230 to turn a blind eye to civil rights violations on their platforms, but it would also incentivize them to take down dangerous paid and organic content — and establish better protections against real world harms like cyberstalking, which disproportionately impacts Black women. We strongly encourage members of Congress to support this legislation, which represents a significant step towards finally holding Big Tech accountable for their years-long role in enabling civil rights violations against Black communities.”

“After 2020 no-one is asking if online misinformation creates real-world harms - whether it's COVID and anti-vaxx misinformation, election-related lies or hate, it is now clear that action is needed to deal with unregulated digital platforms. Whereas users can freely spread hate and misinformation, platforms profit from traffic regardless of whether it is productive or damaging, the costs are borne by the public and society at large. This timely bill forensically delineates the harms and ensures perpetrators and enablers pay a price for the harms they create. In doing so, it reflects our desire for richer communication technologies, which enhance our right to speak and be heard, and that also respect our fundamental rights to life and safety,” said Imran Ahmed, CEO, Center for Countering Digital Hate. 

“Our lives are at stake because hate and white supremacy is flourishing online. On January 6th we saw the results of what continuous disinformation and hate online can do with the insurection and domestic terrorist attack on the U.S. Capitol, where five lives were lost,” said Brenda Victoria Castillo, President & CEO, National Hispanic Media Coalition. “It is time to hold online platforms accountable for their role in the radicalization and spread of extremist ideologies in our country. NHMC is proud to support Senator Warner's limited reform of Section 230, and applauds his efforts to safeguard our democracy and the Latinx community.”

“Senator Mark Warner is a leader in ensuring that technology  supports democracy even as it advances innovation. His and Senator Hirono’s new Section 230 reform bill now removes  obstacles to enforcement against discrimination, cyber-stalking, and targeted harassment in the online world. The events of Jan 6 demonstrated that what happens online isn’t just a game. Online conspiracy theories, discrimination, and harassment are a public danger. The Warner-Hirono bill would go a long way toward addressing these dangers, and incentivizing platforms to move past the current, ineffective whack-a-mole approach to these important online harms,” said Karen Kornbluh, Director of the Digital Innovation and Democracy Initiative at the German Marshall Fund of the US and Former US Ambassador to the Organization for Economic Co-operation and Development.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $4,000,000 in federal funding from the Substance Abuse and Mental Health Services Administration (SAMHSA) for the Richmond Behavioral Health Authority to help expand access to and improve the quality of mental health and substance abuse programs.

“Over the course of the pandemic, we have seen an increased demand for mental health and substance abuse services,” said the Senators. “We are glad to announce that this funding will provide increased support to expand access to mental health and substance abuse services and treatment in Richmond.” 

During the pandemic, the U.S. Census Bureau has reported that more than a third of Americans were suffering from symptoms of anxiety and depression.

The most recent COVID-19 package negotiated by Sen. Warner and supported by both senators included $4.5 billion in mental health and substance abuse services. It also included additional funding for suicide and childhood trauma programs. 

The funding was awarded through the Certified Community Behavioral Health Clinics (CCBHCs) Expansion grant program, which seeks to increase access to and improve the quality of community mental and substance use disorder treatment services through the expansion of CCBHCs.

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WASHINGTON – Today U.S. Sens. Mark R. Warner (D-VA) and Rev. Raphael Warnock (D-GA) were joined by Sens. Tim Kaine (D-VA), Tom Carper (D-DE), Debbie Stabenow (D-MI), Bob Casey (D-PA), Tammy Baldwin (D-WI), Angus King (D-ME), Gary Peters (D-MI), Jon Ossoff (D-GA), and Chris Coons (D-DE) in introducing legislation to incentivize Medicaid expansion nationwide, bring needed federal dollars to states, and promote health care access for low-income Americans amid the current health and economic crisis.

The States Achieve Medicaid Expansion (SAME) Act of 2021 would allow states that expanded Medicaid after 2014, or who expand Medicaid in the years ahead, to receive the same full federal matching funds as states that expanded Medicaid earlier under the terms of the Affordable Care Act. 

“The COVID-19 crisis has destroyed jobs all across America, costing millions of people their employer-provided health benefits at a time when health insurance could make or break a family financially,” said Sen. Warner, a former Virginia governor. “Not only will this legislation encourage Medicaid expansion, which has been shown to improve health outcomes, it will also bring crucial federal dollars back to Virginia. With state and local governments drowning in red ink as they work to combat this virus, I can’t think of a better time to ensure that states like Virginia, which expanded Medicaid after 2014, get their fair share of federal funding.”

“Health care is a human right, and for too long, too many Georgians have been denied access to affordable health care through Medicaid,” Sen. Reverend Warnock said. “I’ve long believed that expanding Medicaid in Georgia is an important step toward making affordable health care for all a reality; in 2017 I was even arrested at the U.S. Capitol for advocating for Medicaid expansion. Now, as a voice for Georgia in the U.S. Senate, I’m proud to join Sen. Warner in introducing the SAME Act to encourage states like Georgia to expand critical Medicaid coverage to those who need it most, and help ensure during this pandemic and beyond that families are able to get the health care they need to not just survive, but thrive.”

The SAME Act would ensure that the fourteen states that chose to expand Medicaid after January 1, 2014 are eligible for the same level of federal matching funds as those that expanded earlier under the terms of the Affordable Care Act. These states include Alaska, Idaho, Indiana, Louisiana, Maine, Michigan, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, Pennsylvania, Utah, and Virginia, where Medicaid expansion went into effect on January 1, 2019, allowing more than 400,000 Virginians to access low-cost or no-cost healthcare coverage under Medicaid.

The Affordable Care Act provides financial support from the federal government to states that have expanded their existing Medicaid programs to provide health care coverage to all individuals up to 138 percent of the federal poverty level. The federal government covers the full cost of expansion for three years, phasing down to a 90 percent match rate for the sixth year of the expansion and in subsequent years. In passing the Affordable Care Act, Congress intended for all states to expand Medicaid in 2014. However, the Supreme Court’s holding in National Federation of Independent Business (NFIB) v. Sebelius made expansion optional for states. As a result, states choosing to expand coverage after 2014 do not receive the same federal matching rates as those that expanded immediately.

The SAME Act would address this discrepancy by ensuring that any states that expand Medicaid receive an equal level of federal funding for the expansion, regardless of when they chose to expand. Under the bill, a state would receive three years of full federal funding, phasing down to a 95 percent Federal Medical Assistance Percentages (FMAP) in Year 4; a 94 percent federal contribution in Year 5; 93 percent in Year 6; and, 90 percent for each year thereafter.  

The SAME Act would save Virginia’s hospitals an estimated $300 million per year in the first three years of implementation, according to the Virginia Hospital & Healthcare Association. That increased federal funding under the SAME Act will be especially meaningful in medically underserved areas, where patients are more likely to be uninsured and hospitals have struggled to stay afloat financially and keep their doors open, a problem that has only been exacerbated by the COVID-19 crisis. In Virginia, three rural hospitals – in Norton, Patrick County and Lee County – have closed since 2013. 

Currently, 39 states and the District of Columbia have adopted Medicaid expansion, including Oklahoma and Missouri which passed ballot initiatives to expand Medicaid in 2021. In the twelve states that have not yet expanded their programs as envisioned under the Affordable Care Act, more than 2 million low-income adults fall into a “coverage gap,” due to incomes that are too high to be eligible for Medicaid, but are too low to meet the limit that would allow them to receive tax credits to purchase affordable coverage in the health care marketplace. Without Medicaid expansion, most of these individuals are likely to remain uninsured, as they have limited access to employer coverage and frequently find the cost of unsubsidized marketplace coverage to be prohibitively expensive. 

Numerous studies have shown that expanding Medicaid benefits states directly and indirectly, in the form of jobs and earnings growth, additional federal revenue, increased Gross State Product, increased state and local revenues and reduced uncompensated care and hospital costs. 

“The SAME Act would give states a powerful incentive to broaden access to their Medicaid programs by providing full federal support for the first three years. This incentive was previously available when states could begin their expansion efforts in 2014, resulting in millions of people with cardiovascular disease and other chronic conditions gaining access to quality health coverage. We urge lawmakers to support this important legislation to help ensure their constituents can get the care they need,” said Emily Holubowich, Vice President of Federal Advocacy for the American Heart Association. 

“During this continued COVID-19 pandemic ensuring Virginian’s health needs are covered is more important than ever. Senator Warner’s legislation strengthens Virginia’s expanded Medicaid program, which has extended quality health care coverage to over 500,000 individuals. We strongly support this legislation and the Senator’s efforts to expand quality health care coverage to more Virginians,” said Jill Hanken, Health Attorney for the Virginia Poverty Law Center.

“Good health is essential to thriving communities, and the expansion of Virginia’s Medicaid program in 2018 has led to over 500,000 people gaining access to quality health coverage — many for the first time. Senator Warner’s legislation will strengthen the Commonwealth’s Medicaid program by ensuring Virginia receives its fair share of federal matching payments. It will also improve access to health coverage nationally by encouraging additional states to expand their Medicaid programs. We thank Senator Warner for introducing this important legislation,” said Freddy Mejia, Health Policy Analyst for the Commonwealth Institute for Fiscal Analysis.

This legislation has the support of numerous health organizations, including the Alliance for Retired Americans, American Cancer Society Cancer Action Network, American Federation of State, County and Municipal Employees (AFSCME), American Heart Association/American Stroke Association, America’s Essential Hospitals, American Association of Medical Colleges, Center for Medicare Advocacy Inc., Center on Budget and Policy Priorities, Children's Defense Fund, The Commonwealth Institute, Families USA, Justice in Aging, Mental Health America, March of Dimes, National Association of Area Agencies on Aging (n4a), National Association of Community Health Centers, National Committee to Preserve Social Security and Medicare, National Consumer Voice for Quality Long-Term Care, National Health Law Program, Protect Our Care, Planned Parenthood Federation of America, Virginia Poverty Law Center, and Young Invincibles. 

Text of this legislation is available here. A summary is available here.  

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA), joined by Sens. Jerry Moran (R-KS), Bob Casey (D-PA), and Shelley Moore Capito (R-WV), introduced the Healthy Food Access for All Americans (HFAAA) Act. The legislation aims to expand access to affordable and nutritious food in areas designated as “food deserts” by the U.S. Department of Agriculture (USDA).                                                                                       

“Today, too many Americans lack access to fresh nutritious and healthy foods. Unfortunately, that reality has only been exacerbated by the COVID-19 crisis, which has made it even more difficult for working families to seek out and afford healthy foods,” said Sen. Warner. “That’s why I’m proud to introduce this bipartisan bill that will serve as an important tool to combat food insecurity in our communities.”

“Over the past year, we have seen unprecedented need at food banks as Kansans line-up seeking access to nutritional food,” said Sen. Moran. “Even while living in the breadbasket of our nation, food insecurity affects far too many Kansans, a need that has only increased during COVID-19. This bipartisan legislation, which would incentivize food providers to establish and renovate grocery stores, food banks and farmers markets in communities that traditionally lack affordable, healthy and convenient food options, is now more important than ever during this pandemic.”

“The COVID-19 pandemic has made routine tasks like going to the grocery store difficult for millions of Americans—especially for families who live in a food dessert and have to travel an extended distance to access healthy foods.” said Senator Casey. “No one in America should be burdened by a simple trip to the grocery store. The bipartisan Healthy Food Access for All Americans Act would provide critical support to expand access to healthy food in underserved communities,” said Sen. Casey.

“Many Americans living in rural communities—including those in West Virginia—have difficulty accessing fresh and nutritious foods. I’m proud to reintroduce this legislation, which will go a long way in helping to improve access to groceries and healthy foods across West Virginia and make it easier for businesses and non-profit organizations to serve our rural communities,” said Sen. Capito.

According to recent data from USDA, nearly 40 million Americans live in food deserts, areas defined to be without grocery stores within one or more miles in urban regions, and ten or more miles in rural regions. In Virginia alone, there are more than one million individuals living in food deserts. Studies have shown that Americans who live in communities with low-access to healthy food options are at higher risk for obesity, diabetes, and heart disease. Additionally, according to USDA’s own study, people of color are more likely to reside in a food desert.

In an effort to eliminate food deserts in the U.S., the Healthy Food Access for All Americans Act would provide incentives to food providers to expand access to healthy foods in these underserved communities and reduce the number of food deserts nationwide.

Specifically, the Healthy Food Access for All Americans Act, which defines a grocery market as a retail sales store with at least 35 percent of its selection (or forecasted selection) dedicated to selling fresh produce, poultry, dairy, and deli items – would spark investment in food deserts across the country that have a poverty rate of 20 percent or higher, or a median family income of less than 80 percent of the median for the state or metro area. It would grant tax credits or grants to food providers who service low-access communities and attain a “Special Access Food Provider” (SAFP) certification through the Treasury Department. Incentives would be awarded based on the following structure:

  • New Store Construction – Companies that construct new grocery stores in a food desert will receive a onetime 15 percent tax credit after receiving certification.
  • Retrofitting Existing Structures – Companies that make retrofits to an existing store’s healthy food sections can receive a onetime 10 percent tax credit after the repairs certify the store as an SAFP.
  • Food Banks – Certified food banks that build new (permanent) structures in food deserts will be eligible to receive a onetime grant for 15 percent of their construction costs.
  • Temporary Access Merchants – Certified temporary access merchants (i.e. mobile markets, farmers markets, and some food banks) that are 501(c)(3)s will receive grants for 10 percent of their annual operating costs.

The Healthy Food Access for All Americans Act boasts the support of numerous organizations, including Feeding America, the National Grocers Association, Share Our Strength, and Bread for the World.

“Feeding America commends Senator Warner for confronting the unfortunate fact that the burdens faced by the 40 million Americans living with hunger are even worse for those who live in food deserts. Our network of 200 member food banks understands that areas without affordable, healthy food options have higher rates of food insecurity exacerbated by the lack access to adequate transportation to the nearest food pantry or grocery market. Feeding America supports the Healthy Food Access for All Americans Act and believes it is a critical step to give nonprofits and retailers support to increase food access in underserved areas,” said Kate Leone, Chief Government Relations Officer at Feeding America. 

“The National Grocers Association embraces Senator Warner’s efforts to remove the obstacles faced by grocers looking to expand access to nutritious food for rural and urban communities without a supermarket,” said Molly Pfaffenroth, Senior Director of Government Relations at National Grocers Association. “Independent community grocers are the heartbeat of the areas they serve and historically are leaders in reaching out to those most in need of better food options. Communities are stronger both physically and economically when they have better access to healthy food, so we look forward to working with Congress on this important bipartisan legislation.”

“To end childhood hunger in America, we must ensure that low-income families, have equitable access to healthy, affordable food options no matter their zip code or circumstances. Ending food deserts will help more families put food on the table and help children get the nutrition they need to grow up healthy and strong. Share Our Strength supports The Healthy Food Access for All Americans Act and thanks Sens. Warner, Moran, Casey, and Capito for their leadership on this issue,” said Billy Shore, Founder and Executive Chair of Share Our Strength. 

“Bread for the World is once again excited to see a bipartisan effort to address food deserts and improve access to nutritious food in low-income areas across America.  With 1 in 6 Americans and 1 in 4 children experiencing food insecurity during this pandemic, this legislation is desperately needed. Bread for the World thanks Senators Warner, Moran, Casey and Capito for introducing this bill to reduce hunger in communities and improve health across the country,” said Heather Valentine, Director of Government Relations of Bread for the World. 

Companion legislation will soon be introduced in the House of Representatives by Reps. Tim Ryan (D-OH) and A. Donald McEachin (D-VA).

Sen. Warner has been a strong advocate of expanded access to food assistance for families in the Commonwealth amid the COVID-19 crisis. He has put pressure on the USDA to formally authorize Virginia’s request to participate in the Supplemental Nutrition Assistance Program (SNAP) Online Purchasing Pilot Program, successfully pushed USDA to waive a requirement that made it more difficult for families to receive USDA-reimbursable meals, and secured a USDA designation that allows food banks to distribute food directly to Virginia families in need while limiting interactions between food bank staff, volunteers, and recipients. In August, Sen. Warner also successfully pushed for USDA to extend critical food waivers to help make sure students have access to nutritious meals while school districts participate in distance learning. The COVID-19 relief package signed into law in December provides $13 billion in nutrition assistance, including a 15 percent increase in SNAP benefits. Last month, Sen. Warner introduced bipartisan, bicameral legislation that allows federal government to pay all costs to states to partner with restaurants and provide food to vulnerable populations.

Bill text for the Healthy Food Access for All Americans Act can be found here. A summary of the bill can be found here.

 

Population of Virginians by city or county living in food deserts as defined in this bill*

Accomack: 4401

Albemarle: 3765

Amherst: 10217

Augusta: 11919

Bath: 4731

Bland: 3901

Botetourt: 7792

Brunswick: 8041

Buckingham: 8400

Campbell: 8756

Caroline: 3278

Carroll: 4767

Charlotte: 12586

Chesterfield: 38638

Culpeper: 18511

Cumberland: 10052

Dinwiddie: 12196

Essex: 8026

Fairfax: 11213

Floyd: 9102

Franklin: 25439

Grayson: 5277

Halifax: 27851

Hanover: 4243

Henrico: 39618

Henry: 22130

Highland: 2321

James City: 4014

King and Queen: 3881

Loudoun: 3869

Mecklenburg: 17632

Montgomery: 32249

Nelson: 5696

Nottoway: 9783

Orange: 4934

Patrick: 11262

Pittsylvania: 23119

Prince Edward: 10624

Prince George: 8543

Prince William: 55128

Rappahannock: 7373

Rockbridge: 15873

Rockingham: 11530

Scott: 7959

Shenandoah: 9068

Smyth: 3913

Southampton: 7958

Spotsylvania: 21803

Stafford: 12818

Sussex: 6377

Tazewell: 12740

Warren: 14335

Wise: 9566

Wythe: 6773

Bristol: 13982

Buena Vista: 6650

Charlottesville: 6616

Chesapeake: 33605

Covington: 3098

Danville: 15545

Franklin City: 8582

Fredericksburg: 8988

Hampton: 38928

Harrisonburg: 9016

Hopewell: 12120

Lexington: 7042

Lynchburg: 29886

Manassas: 7678

Manassas Park: 6248

Martinsville: 6166

Newport News: 38292

Norfolk: 62583

Petersburg: 22639

Portsmouth: 11862

Radford: 12260

Richmond City: 62381

Roanoke City: 39950

Salem: 10424

Suffolk: 9752

Virginia Beach: 27205

Waynesboro: 5240

Williamsburg: 4138

Total: 1,186,877

*The most recent year for which data is available is 2017.

 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), incoming Chairman of the Senate Select Committee on Intelligence, released the following after a Moscow judge sentenced Russian opposition leader Alexei Navalny to 3.5 years in prison:  

“The cruel absurdity of Putin’s government is encapsulated by the sentencing of Alexei Navalny to prison for failing to check in with his parole officer while he was literally lying in a coma after being poisoned by Putin’s FSB. Knowing his life was in danger, Navalny nonetheless courageously returned to his home country and inspired tens of thousands of ordinary Russians to publicly demand an end to government corruption. The Russian authorities must immediately end their violent crackdown and release Alexei Navalny along with the thousands of peaceful protesters who have been detained by the government simply because they embarrassed Vladimir Putin. The United States Congress and the Biden administration can and will hold Russian officials accountable for their abuses.”

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Washington, DC – U.S. Sen. Mark R. Warner (D-VA) joined Sens. Joe Manchin (D-WV), Shelley Moore Capito (R-WV), Dick Durbin (D-IL), Tim Kaine (D-VA), Bob Casey (D-PA), and Sherrod Brown (D-OH), as well as Representative Matt Cartwright (D-PA), in introducing the bipartisan, bicameral COVID-19 Mine Worker Protection Act which would require the U.S. Department of Labor (DOL) to issue an emergency temporary standard requiring mine operators to establish a plan to tackle occupational COVID-19 exposure and provide miners with the necessary personal protective equipment (PPE). Additional information on the COVID-19 Mine Worker Protection Act can be found here.

“COVID-19 is a very real threat for Virginia’s coal miners, who are often unable to practice social distancing as they work in confined spaces for extended periods of time,” said Senator Warner. “I’m proud to introduce this legislation to ensure that miners in Southwest Virginia and throughout the country have the resources they need to properly protect themselves and limit their exposure to this dangerous and increasingly contagious virus.”

“Our miners risk their lives every day to power our nation and during the COVID-19 pandemic, that risk is even greater for our brave miners,” said Senator Manchin. “The bipartisan, bicameral COVID-19 Mine Worker Protection Act will instruct DOL to create safeguards and provide PPE to ensure our miners are protected from exposure to COVID-19 in the mines. I will continue to work with my bipartisan colleagues, DOL and the United Mine Workers of America (UMWA) to pass this commonsense legislation to help our miners stay safe during the pandemic as they continue to provide Americans with the power we need every day.”

“For centuries, our miners have worked tirelessly to power America and keep the lights on. It is vital that we take the necessary steps to provide them safety and job security as we continue to battle COVID-19,” said Senator Capito.


“Our nation’s miners have worked tirelessly throughout the pandemic to supply our energy needs at greater risk to themselves,” Senator Durbin said. “I am proud to help introduce the bipartisan COVID-19 Mine Worker Protection Act with my colleagues. This bill will ensure that our hard working miners are provided with proper PPE and that safeguards are put into place to decrease the risk of workplace exposure to this deadly virus.”

“Coal miners have worked tirelessly in dangerous conditions to power our communities, and now we must help ensure they can stay safe amidst the risks of COVID-19,” said Senator Kaine. “We must pass this bipartisan legislation to provide our nation’s miners with the necessary tools to limit their exposure to COVID-19.”

“Throughout a pandemic that has cost more than 440,000 Americans their lives, our Nation’s miners have continued to bravely go to work every day,” said Senator Casey. “We need to put in place enforceable workplace safety standards to protect miners from COVID-19 exposure on the job and to keep them, their families and their communities safe.”

“Ohio miners have put their health at risk for years to power our country,” said Senator Brown. “And now they’re facing more danger, as working conditions put them at higher risk of contracting COVID-19. MSHA needs to issue an enforceable safety standard to protect these miners from infectious disease, and we need to ensure these workers have the personal protective equipment they need to prevent exposure.”

“In Northeastern Pennsylvania, where mine workers’ organizing is a time-honored tradition, we know how important it is to ensure they are protected. As they continue to work in close quarters and tough conditions, miners remain at high risk for COVID-19 infection. This is a bill supported by both Democrats and Republicans that would implement responsible safety guidance and deliver personal protective equipment so that miners can continue to work, stay healthy and provide for their families during this health crisis,” said Representative Cartwright.  

 

The COVID-19 Mine Worker Protection Act

The COVID-19 Mine Worker Protection Act would direct the Secretary of Labor to issue an emergency temporary standard that requires mine operators to:

  • Develop and implement a comprehensive infectious disease exposure control plan to protect miners from COVID-19 exposure at the mines;
  • Provide personal protective equipment to miners;
  • Incorporate guidelines from the CDC, NIOSH, and relevant scientific research;
  • In coordination with CDC and NIOSH, track, analyze, and investigate mine-related COVID-19 infections data in order make recommendations and guidance to protect miners from the virus.

Bill text can be found here.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $1,022,77 in federal funding from the Federal Emergency Management Agency (FEMA) for COVID-19 vaccine distribution in Loudoun County. Specifically, the funding will be used to support efforts to store, handle, transport, distribute and administer the vaccine against COVID-19.

“We are glad to announce that these federal dollars will go towards getting vaccines out to more folks in Loudoun County,” said the Senators. “We remain committed to tackling this crisis and doing everything in our power to help boost vaccination rates across the Commonwealth.”

The most recent COVID-19 relief package negotiated by Sen. Warner and supported by both senators included more than $19 billion for vaccines and therapeutics and an additional $8.75 billion to support vaccine distribution at the local and state level.

Under Governor Northam’s Major Disaster Declaration to help Virginia respond to COVID-19, localities can apply for funding to support vaccine distribution from FEMA. Loudoun County is the second of the Commonwealth’s localities to apply for – and receive – the funding, following a funding announcement for Arlington County last week. 

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WASHINGTON – After hearing firsthand from hundreds of Virginians regarding continued widespread U.S. Postal Service (USPS) delays, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) fired off a letter to the U.S. Postmaster General urging him to address the troubling delay of life-saving medicines, groceries, supplies, and much more in the midst of the COVID-19 pandemic. In their letter, the Senators call on U.S. Postmaster General Louis DeJoy to rescind policy changes that are delaying mail delivery, to publish data on COVID-19 cases of postal workers by Postal Area, and to take additional steps to ensure mail-order medications are expeditiously processed.

“We write to express deep concern regarding widespread mail delivery delays across Virginia in recent months. We have heard from hundreds of our constituents that recount unacceptable delays in the delivery of everything from Christmas and birthday cards to mail-order medications and credit card bills. Furthermore, we seek answers about operational decisions and other circumstances that have contributed to such delays and what is being done to prevent future failures,” the Senators wrote to U.S. Postmaster General Louis DeJoy.

Last summer, the Senators raised concern regarding the operational and structural changes U.S. Postmaster General DeJoy implemented and the impact it would have on timely mail delivery. In response to these concerns, U.S. Postmaster DeJoy temporarily halted some, though not all, of the operational changes planned until after the November 2020 election and had indicated that only a “temporary service decline” had occurred. However, according to the Postal Services’ own court filings, that proved that to be false.

In December 2020, first-class mail on-time delivery rates averaged just 52.4 percent in the Northern Virginia Postal District (Capitol Metro Area), 55.1 percent in the Richmond Postal District (Capitol Metro Area), and 67 percent in the Appalachian Postal District (Eastern Area). These rates represent drastic declines in comparison to the on-time delivery data from March 14, 2020 – July 11, 2020, the period between the onset of COVID-19-related impacts and the announcement of U.S. Postmaster General DeJoy’s operational changes. The on-time delivery rates of first-class mail in this time frame was 90.9 percent in the Northern Virginia Postal District, 90.3 percent in the Richmond Postal District, and 93.8 percent in the Appalachian Postal District.

“While we seek a general explanation of the factors contributing to substandard delivery rates, we also seek an explanation with respect to two specific issues raised by our constituents. First, dozens of our constituents, particularly in the Eastern region of our state, have tracked packages and mail that have been stuck at the USPS Processing and Distribution Center (P&DC) in Richmond, Virginia, sometimes for weeks at a time. This facility serves hundreds of thousands of our constituents across the Commonwealth and is critical in keeping much of our state connected. Insufficient staffing and capacity at such an essential outpost in Virginia’s mail system have profound consequences,” they continued. “A recent report from the USPS Office of Inspector General found that Richmond P&DC had the fourth-highest late trip rates among P&DCs nationwide and underestimated incoming mail piece volume by 66% in its operations plans. Relatedly, many of our constituents in all corners of the Commonwealth are reporting that they are not receiving any mail for days or weeks at a time despite the Informed Delivery system indicating they are receiving mail. We understand this is likely due to staffing shortages but implore you to create additional contingency plans to ensure a particular delivery route does not miss its mail for days at a time simply because its letter carrier is out sick.”

In addition to addressing postal delays impacting Virginians, their letter also requests that the U.S. Postmaster General publish the number of COVID-19 case levels amongst USPS staff in the interest of understanding where staff shortages may be occurring and affecting mail service, and where Congressional or executive intervention may be warranted.

“In light of the tremendous challenges facing the Postal Service during the COVID-19 pandemic and the failure of its leadership to ensure the timely delivery of mail in recent weeks and months, we urge you to immediately reverse all operational and organizational changes that have contributed to substantial mail delays. We also urge you to collect and publish aggregate data on confirmed COVID-19 cases among postal workers by Postal Area so public health agencies, Congress, and USPS can better surge targeted support towards regions facing substantial staff shortages. Finally, we urge you to review and implement processes to expedite the delivery of mail-order medications in an environment of widespread delays,” concluded the Senators.            

Sens. Warner and Kaine have been vocal about reversing any changes to USPS that have affected the reliability of mail delivery. They previously joined their colleagues in a letter asking the U.S. Postmaster General not to take any further action that makes it harder and more expensive for states and election jurisdictions to mail ballots ahead of the 2020 presidential election. Additionally, Sen. Warner previously raised concerns over the USPS operational changes and the heightened impact to servicemembers and their families and pushed to correct the changes that are needlessly delaying veterans’ access to life-saving prescriptions.

A copy of the letter is found here and below.

 

Dear Mr. DeJoy:

We write to express deep concern regarding widespread mail delivery delays across Virginia in recent months. We have heard from hundreds of our constituents that recount unacceptable delays in the delivery of everything from Christmas and birthday cards to mail-order medications and credit card bills. Furthermore, we seek answers about operational decisions and other circumstances that have contributed to such delays and what is being done to prevent future failures.

Especially during the COVID-19 pandemic, the United States Postal Service (USPS) has played a critical role in keeping Virginians connected and safe. Whether it is the delivery of groceries, household necessities, or medications, countless Virginians continue to depend on USPS as a critical link to vital resources. For this reason, we, along with dozens of other lawmakers, wrote to you repeatedly last summer to express our apprehension with respect to operational changes you implemented at USPS without consulting Congress or key postal stakeholders, including unions. In response to these concerns, you temporarily halted some, though not all, of the operational changes planned until after the November 2020 election. In correspondence from August and September 2020, you assured us that changes to insist mail carriers operate strictly on schedule and eliminate extra trips had resulted in only a “temporary service decline.” You also noted your plans to resume operational changes, such as the removal of mail-sorting equipment and collection boxes after the November election. In light of this information, we are deeply troubled to see that mail delivery has once again precipitously declined across Virginia, this time to new lows, according to public court filings.

In more recent correspondence from your office, USPS government liaisons have cited the historic surge in holiday mail, temporary personnel shortages related to the COVID-19 pandemic, and capacity challenges as contributing factors to recent delays. While we appreciate USPS’s efforts to hire seasonal workers, add delivery and retail hours in select locations, and lease extra vehicles, it is clear that USPS leadership’s interventions have thus far been insufficient in matching its operational challenges.

In December 2020, first-class mail on-time delivery rates averaged just 52.4% in the Northern Virginia Postal District (Capitol Metro Area), 55.1% in the Richmond Postal District (Capitol Metro Area), and 67.0% in the Appalachian Postal District (Eastern Area). These rates represent drastic declines relative to baselines in on-time delivery from March 14, 2020 – July 11, 2020, the period between the onset of COVID-19-related impacts and the announcement of your operational changes. The on-time delivery rates of first-class mail in this time frame was 90.9% in the Northern Virginia Postal District, 90.3% in the Richmond Postal District, and 93.8% in the Appalachian Postal District. This decline is unacceptable. Because widespread delays also extend to periodicals and marketing mail, we must assume that vital packages, including medicine, are also experiencing substantial delivery delays.

While we seek a general explanation of the factors contributing to substandard delivery rates, we also seek an explanation with respect to two specific issues raised by our constituents. First, dozens of our constituents, particularly in the Eastern region of our state, have tracked packages and mail that have been stuck at the USPS Processing and Distribution Center (P&DC) in Richmond, Virginia, sometimes for weeks at a time. This facility serves hundreds of thousands of our constituents across the Commonwealth and is critical in keeping much of our state connected. Insufficient staffing and capacity at such an essential outpost in Virginia’s mail system have profound consequences. A recent report from the USPS Office of Inspector General found that Richmond P&DC had the fourth-highest late trip rates among P&DCs nationwide and underestimated incoming mail piece volume by 66% in its operations plans. Relatedly, many of our constituents in all corners of the Commonwealth are reporting that they are not receiving any mail for days or weeks at a time despite the Informed Delivery system indicating they are receiving mail. We understand this is likely due to staffing shortages but implore you to create additional contingency plans to ensure a particular delivery route does not miss its mail for days at a time simply because its letter carrier is out sick.

In addition to playing a vital and constitutionally mandated role in the life of every American, the Postal Service also directly supports nearly 17,000 jobs in Virginia. These letter carriers and postal workers deserve our gratitude for their remarkable service in these extraordinarily difficult times. We understand USPS has worked to establish COVID-19 protocols to equip its workforce with the necessary Personal Protective Equipment (PPE) and heightened sanitation standards. However, it has been difficult to ascertain the impact of COVID-19 on the USPS workforce. Unlike other federal agencies like the Department of Defense and the Federal Bureau of Prisons, the Postal Service maintains no public repository on the COVID-19 case levels amongst staff across postal areas and districts. We stand committed to marshalling federal resources towards our postal workers in areas where staff has been hard hit but cannot do so without reliable information sharing from USPS.

In light of the tremendous challenges facing the Postal Service during the COVID-19 pandemic and the failure of its leadership to ensure the timely delivery of mail in recent weeks and months, we urge you to immediately reverse all operational and organizational changes that have contributed to substantial mail delays. We also urge you to collect and publish aggregate data on confirmed COVID-19 cases among postal workers by Postal Area so public health agencies, Congress, and USPS can better surge targeted support towards regions facing substantial staff shortages. Finally, we urge you to review and implement processes to expedite the delivery of mail-order medications in an environment of widespread delays.

It is our belief that the Postal Service has an acute responsibility, especially while Americans attempt to weather unprecedented health and economic crises, to live up to its mission of “prompt, reliable, and efficient services to patrons in all areas.”

To that end, please answer the following questions by February 11, 2021:

1.      To what does USPS attribute the rapid decline in on-time delivery rates of first-class mail since November across the nation? What factors specific to Virginia have led it to consistently report some of the worst on-time delivery rates for first-class mail?
2.      Has USPS continued to pursue operational changes that contributed to mail delays over the summer, including eliminating most “extra trips” to a single delivery site and disallowing letter carriers to wait for all of their mail at a distribution center?
3.      Has USPS resumed operational changes that were postponed through the November election, including the removal of mail sorting equipment, collection boxes, cutting operational hours, and encouraging limited use of overtime for letter carriers? Has USPS pursued other operational or organizational changes since the November election? If so, when did USPS begin implementing such changes?
4.      Now that the holiday surge is over, what efforts is USPS undertaking to ensure mail service, particularly for first-class mail and packages, improves during the coming weeks? Will USPS pursue initiatives to locate packages and mail that are significantly delayed (more than two weeks beyond expected delivery) to expedite their processing and delivery as soon as possible?
5.      Please share any data you have on the delivery rates of mail-order medications in Virginia and nationwide. What actions has USPS taken and does it plan to take to prioritize pharmaceutical package service performance in light of mounting mail delays?
6.      Please share relevant data on the performance of the Processing and Distribution Center in Richmond, Virginia. What factors have contributed to substandard performance? Is the Richmond P&DC experiencing significant staff shortages?
7.      How many USPS employees have contracted COVID-19 nationwide and in Virginia?  Will USPS release aggregate data on postal worker cases by Postal Area, similar to the Department of Defense or Department of Veterans Affairs?
8.      What actions has USPS taken and does it plan to take to address staffing shortages, particularly of postal workers delivering mail? Are there other organizational challenges that would explain why constituents would not be receiving any mail service for days or weeks at a time?
9.      What can Congress do to support USPS in its critical efforts to keep Americans healthy and connected during these uncertain times? Are there additional federal resources that would be helpful in mitigating the spread of COVID-19 among postal workers?
10.  Does USPS have plans for further “organizational realignments” similar to the efforts undertaken in July and August? If so, can you please discuss such plans as well as associated efforts by USPS to meaningfully engage with relevant stakeholders, including unions and mailing industry stakeholders?

Sincerely,

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WASHINGTON – With the Biden administration set to unveil details on a series of executive ordersto reverse his predecessor’s relentless efforts to sabotage the success of the Affordable Care Act, U.S. Sen. Mark R. Warner (D-VA) will introduce the Health Care Improvement Act of 2021 to help counter the devastating effects the health and economic crisis caused by COVID-19 has had on the record high number of people lacking insurance across the country. Specifically, the Health Care Improvement Act of 2021 aims to protect health care coverage for Americans living with preexisting conditions while also expanding access to quality and affordable health care coverage for working families.

“Due to the COVID-19 pandemic, millions of Americans have lost their employer-provided insurance. Amid one of the most unprecedented health and economic health crises our country has faced where an alarming number of Americans already lack health insurance, now is the time to deploy tools to meet the demands on our health care system. As the Biden administration readies its executive orders to expand health care coverage – including reopening the enrollment period for the Affordable Care Act  – I’m also introducing legislation that would support the administration’s effort to get more families affordable health care coverage,” said Sen. Warner. 

The Health Care Improvement Act of 2021 would lower costs for working families by:

·       Capping health care costs on the ACA exchanges: The Health Care Improvement Act of 2021 will ensure no individual or family pays more than 8.5 percent of their total household income for their health insurance. Currently, no family making more than 400 percent of the federal poverty line ($51,040 for an individual in 2020) is eligible for premium assistance on the ACA exchanges. This provision – which is supported in President Biden’s American Rescue Plan – expands premium assistance to individuals making more than 400 percent of the federal poverty line and places a cap on insurance costs for all individuals and families on the ACA exchanges. 

·       Establishing a low-cost public health care option: The Health Care Improvement Act of 2021 will also require the Secretary of Health and Human Services to create a low-cost, public health care option for individuals who are eligible to enroll for health care coverage via the ACA exchanges. Establishing a public health care option will increase competition and ensure an added lower cost health care option for more American families.

·       Authorizing the federal government to negotiate prescription drug prices: Under existing federal law, the government is explicitly banned from negotiating with pharmaceutical companies for lower drug prices. The Health Care Improvement Act of 2021 will allow the federal government to leverage its purchasing power to negotiate prices and reduce drug costs for more than 37 million seniors on Medicare.

·       Allowing insurers to offer health care coverage across state boundaries:The Health Care Improvement Act of 2021 will allow insurers to offer health care coverage across state boundaries, increasing choice and competition among plans and driving down costs while maintaining quality, value and strong consumer protections.

·       Supporting state-run reinsurance programs: The Health Care Improvement Act of 2021 will create a new “State Health Insurance Affordability and Innovation Fund” to support state run reinsurance programs and additional state efforts to reduce premium costs and expand health care coverage. The non-partisan Congressional Budget Office has previously estimated such programs could reduce health care premiums by 8 percent within one year.

The Health Care Improvement Act of 2021 will increase access to affordable health care coverage by:

·       Incentivizing states to expand Medicaid: If all states were to expand their Medicaid programs, the number of uninsured Americans would decrease by more than 2 million. The Health Care Improvement Act of 2021 will provide additional incentive to states to expand their Medicaid program by temporarily increasing federal matching funds to states that expand their programs and reducing existing administrative payments to states that do not expand their programs. It would also provide retroactive payments to states like Virginia that were late to expand Medicaid and have not received their fair share of federal matching payments. 

·       Expanding Medicaid eligibility for new moms: The Health Care Improvement Act of 2021 will allow states to provide new mothers up to 12 months of postpartum Medicaid eligibility. This provision would significantly improve maternal health outcomes by ensuring mothers have access to vital health care services during the immediate months after giving birth.

·       Simplifying enrollment: There are over 7 million Americans currently eligible for cost-free Medicaid coverage, but who are not enrolled due a variety of factors including unnecessary paperwork and a confusing enrollment process. The Health Care Improvement Act of 2021 will simplify Medicaid and CHIP enrollment by permanently authorizing the successful Medicaid Express Lane Eligibility program and expanding it to include adults. The Department of Health and Human Services will also be required to conduct a study and develop recommendations to allow states to further implement Medicaid and CHIP auto-enrollment for individuals eligible for cost-free coverage. 

·       Increasing Medicaid funding for states with high levels of unemployment: The Health Care Improvement Act of 2021 will implement a counter-cyclical Medicaid matching payment from the federal government to ensure that states with high levels of unemployment receive a higher federal matching payment to appropriately account for an increase in Medicaid enrollment. This will ensure states can maintain affordable health care coverage during economic downturns and temporary periods of high unemployment.

·       Funding rural health care providers: Under current law, rural providers are unfairly compensated at a much lower rate than urban providers, making it more difficult for Virginia providers to keep their doors open in underserved communities. The Health Care Improvement Act of 2021 will create a rural floor for the Area Wage Index formula the Centers for Medicare and Medicaid use to reimburse rural providers. Fixing the Area Wage Index will boost access to affordable health care coverage in Virginia’s rural and medically underserved communities.

·       Reducing burdens on small businesses: The Health Care Improvement Act of 2021 will modernize ACA employer reporting requirements to ensure that businesses can provide comprehensive health care benefits to their employees without additional administrative costs or unnecessary paperwork.

“As Americans continue to face a once in a century public health crisis, Senator Warner is working to make health care more accessible and affordable for the American people. Senator Warner’s bill would take bold steps to reduce costs, expand coverage, and strengthen protections for people with pre-existing conditions at a time when access to affordable health care has never been more critical. Mitch McConnell and Senate Republicans should work with Senate leadership to prioritize the health and well-being of Americans by building on the success of the Affordable Care and abandoning their health care sabotage agenda,” said Brad Woodhouse, Executive Director of Protect Our Care.

“The pandemic has exacerbated the deep, structural problems in our health care system: namely, cost is far too big of a burden and not enough people have adequate protection. We must make real reforms to health care, and Third Way applauds Senator Mark Warner for the leadership he has shown in the Health Care Improvement Act of 2020,” said Gabe Horwitz, Senior Vice President for the Economic Program at Third Way. “Among its very important provisions, this legislation would expand coverage by making enrollment in Medicaid automatic whenever a low-income uninsured patient accesses health care. As Third Way has long called for, automatic enrollment makes health care easier for people to navigate and is an important step to achieve universal coverage. The Warner legislation also builds on the Affordable Care Act and makes coverage affordable for millions of middle-class families who currently fall through gaps in the program. And it provides financial relief to states during economic downturns like the one we’re experiencing now by increasing the federal share of Medicaid payments to the states. Americans need far more security and stability in their health care, and we are excited about the vision shown in Senator Warner’s bill.”

“The Virginia Community Healthcare Association represents more than 150 health center sites, serving over 350,000 individuals across the Commonwealth with the goal of ensuring access to primary care for all Virginians. The COVID-19 pandemic has made the need for quality health care coverage more critical than ever. Senator Warner’s Health Care Improvement Act will advance our shared goal of reducing health care costs and expanding quality health care coverage to more Virginians. We thank him for introducing this legislation and look forward to working with him on this important effort,” said Rick Shinn, Director of Government Affairs for the Virginia Community Healthcare Association.

“Rising health care costs have increasingly become a burden for too many Virginians – making it more difficult to access quality and affordable health care coverage. The COVID-19 pandemic has demonstrated the importance of ensuring every American has access to quality health care coverage, and also highlighted significant gaps in access to health care coverage for communities of color and people with low-incomes. Senator Warner’s legislation will improve access to quality health care by closing existing coverage gaps and reducing premiums costs for people who already have health care coverage. We look forward to working with Senator Warner to advance these important priorities,” said Freddy Mejia, Health Policy Analyst, The Commonwealth Institute for Fiscal Analysis.

“The Virginia Poverty Law Center applauds Senator Warner’s introduction of comprehensive legislation on health care. The improvements in this bill address a wide range of critical issues that will reduce costs and expand access to care for consumers in Virginia and across the country. Specifically, we strongly support the Senator’s proposals that improve ACA health plan affordability, enhance premium assistance, provide additional incentives for states to expand their Medicaid programs, ensure continuity of health care for new mothers and reduce Medicare drug prices. We encourage Congress to move quickly on this vital legislation that will help so many consumers during and after the COVID pandemic,” said Jill Hanken, Health Attorney, the Virginia Poverty Law Center.

“We at the American Medical Student Association (AMSA) believe that access to quality health care is a right, not a privilege, and that access to comprehensive health services must be recognized and protected as a basic human right. Especially in light of this ongoing pandemic, we continue our commitment to ensuring health care for all. To that end, we support this effort to expand health care coverage in the U.S. AMSA especially supports Medicaid eligibility expansion, the simplification of enrollment procedures for Medicaid and SCHIP programs, and the expansion of federal financing. Moreover, we are excited to see efforts that work to reduce prescription drug prices and fight against surprise medical billing. AMSA applauds Senator Warner and the Health Care Improvement Act,” said Dr. Ali Bokhari, President of American Medical Student Association 

“The Association of University Centers on Disabilities (AUCD) is aware of how access challenges and high costs in our health care system disproportionally affect people with disabilities. We appreciate Senator Warner’s commitment to work closely with the disability community as he leads efforts to ensure Americans have access to the care and coverage they need.  AUCD supports the Health Care Improvement Act and its commitment to address the pressing needs of reducing health care costs and protecting the rights of people with disabilities,” said Rylin Rodgers, Policy Director of the Association of University Centers on Disabilities. 

This legislation also boasts the support of The Arc of Northern Virginia, The Autism Society of Northern Virginia, Healthcare for All Virginians Coalition, First Focus Campaign for Children, and the Infectious Diseases Society of America.

Bill text is available here. A bill summary is available here. A section-by-section explainer on the bill is available here.

With President Biden’s expected executive order announcement later today and the introduction of his American Rescue Plan, the Biden administration is set to act on additional priorities Sen. Warner has long called for to improve our nation’s health care system such as re-opening theAffordable Care Act exchanges so that more uninsured individuals can enroll in health care coverage. During the COVID-19 health crisis, Sen. Warner called on the Trump Administration and Congress to make this important change to address the health care coverage crisis we now face. 

In line with the forthcoming announcement by the Biden administration, Sen. Warner’s Health Care Improvement Act provides $100,000,000 in funding to support the administration’s effort to fully fund programs to help more Americans enroll in affordable health care coverage. Additionally, President Biden plans to roll back the Trump administration’s actions to sabotage the Affordable Care Act which has undermined our preparedness for and ability to respond to COVID-19 and protect health care coverage for millions of Americans. In 2019, Sen. Warner led the entire Senate Democratic Caucus in a legislative maneuver to protect health coverage  for Americans with preexisting conditions from the Trump Administration’s attempts to undermine those safeguards.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined Sens. Chris Van Hollen (D-Md.) and Tom Carper (D-Del.) and Congresswoman Eleanor Holmes Norton (D-D.C.) in introducing legislation to grant the District of Columbia full control over the D.C. National Guard and the Metropolitan Police Department. These measures have proven all the more necessary after the attack on the Capitol on January 6th, when Mayor Bowser’s request for additional support from the D.C. National Guard took nearly three hours to be fully approved by the Trump Administration. The legislation follows yesterday’s Senate introduction of the Washington, D.C. Admission Act, legislation to grant the District of Columbia statehood, led by Senator Carper and cosponsored by Senator Van Hollen.

“On January 6th, as a violent mob attacked the Capitol, District of Columbia officials were left hamstrung and unable to act. From Trump’s abuses of power this summer, to the insurrection on January 6th, it’s clear that the District must have complete authority over its National Guard and police forces to protect its own safety and security and that of our nation’s capital,” said Senator Van Hollen. “While the governors of all fifty states and three U.S. territories control their own National Guard forces, D.C. is denied that basic right. As we fight for D.C. Statehood, we must also ensure the District is granted this important instrument of self-governance.”

“Donald Trump’s deployment of the D.C. National Guard against peaceful protestors last summer and his delayed response in calling the National Guard to the violent insurrection of the Capitol on January 6th have made it clear that, while we work on the important issue of D.C. statehood, it is critical to grant the District of Columbia control over its National Guard and Metropolitan Police Department – autonomy that every state enjoys,” said Senator Carper. “Without full authority over their city’s own security and police force, D.C. officials are limited in their ability to secure the safety of the hundreds of thousands of residents who call our nation’s capital home. As we work towards granting D.C. statehood, I’m proud to be working with Senator Van Hollen on legislation to give the mayor of D.C. the same control over her National Guard that all the governors of the 50 states have and fix the provision in current law that allows the President to take control of the city’s local police whenever he or she pleases. This is a good first step in ensuring the residents of D.C. are afforded the same rights and protections all Americans enjoy.”

The District of Columbia National Guard Home Rule Act would name the Mayor of Washington, D.C. as Commander-in-Chief of the D.C. National Guard, giving the Mayor the same control over the D.C. National Guard that the governors of the states and the three territories with National Guards have over their respective National Guards. Under current law, the President is Commander-in-Chief of the D.C. National Guard. Last year, a coalition of over 100 groups, including leading civil rights, labor, democracy and environmental groups, sent a letter calling on Congress to give D.C. control over the D.C. National Guard.

The District of Columbia Police Home Rule Act would repeal the provision in the Home Rule Act that gives the President the authority to federalize the Metropolitan Police Department. The Home Rule Act provides that, “whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for Federal purposes, he may direct the mayor to provide him, and the mayor shall provide, such services of the Metropolitan Police force as the President may deem necessary and appropriate.”

Senators Van Hollen and Carper first introduced this legislation in June 2020, following President Trump’s unconstitutional use of force against peaceful protestors in D.C. During that period of protests, Mayor Bowser confirmed that the White House had inquired about federalizing the Metropolitan Police Department. Following the events of January 6th, the lawmakers re-upped their call for action on this legislation and emphasized that they would soon reintroduce both bills.

In addition to Senators Van Hollen and Carper, the D.C. National Guard Home Rule Act is supported by U.S. Senators Richard Blumenthal (D-Conn.), Tammy Baldwin (D-Wis.), Ed Markey (D-Mass.), Ron Wyden (D-Ore.), Ben Cardin (D-Md.), Tim Kaine (D-Va.), Dick Durbin (D-Ill.), Bob Casey (D-Pa.), Tammy Duckworth (D-Ill.), Catherine Cortez Masto (D-Nev.), Martin Heinrich (D-N.M.), and Mark Warner (D-Va.).

In addition to Senators Van Hollen and Carper, the D.C. Police Home Rule Act is supported by U.S. Senators Richard Blumenthal (D-Conn.), Tammy Baldwin (D-Wis.), Ed Markey (D-Mass.), Tim Kaine (D-Va.), Bob Casey (D-Pa.), Catherine Cortez Masto (D-Nev.), and Ron Wyden (D-Ore.).

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released a statement after the Senate conducted a cloture vote to confirm Alejandro Mayorkas as Secretary of Homeland Security:

“Though I was unable to vote on the nomination of Alejandro Mayorkas today, I would have voted to confirm Mr. Mayorkas as Secretary of Homeland Security. Yesterday, I had the pleasure of meeting virtually with Mr. Mayorkas regarding his nomination, and we had a good discussion touching on many issues critical to Virginia – including the TPS and DACA programs that allow nearly 40,000 Virginians to live and work legally in the Commonwealth, and the H2B visa program that is essential to our seafood industry. 

“Given that our government is dealing with the largest cybersecurity breach in our nation’s history and a rise in domestic terrorism, it is critically important that the Department of Homeland Security have in place an experienced, capable and Senate-confirmed leader as soon as possible.”

Sen. Warner was unable to vote in the Senate today, as he is following recommended public health guidance regarding possible exposure to COVID-19 and quarantining at home.

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WASHINGTON - As tech companies and public health agencies deploy new tools to fight the spread of COVID-19 – including contact tracing apps, digital monitoring, home tests, and vaccine appointment booking – U.S. Sens. Mark R. Warner (D-VA), Richard Blumenthal (D-CT) and U.S. Representatives Anna G. Eshoo (D-CA), Jan Schakowsky (D-IL), and Suzan DelBene (D-WA) introduced the Public Health Emergency Privacy Act to set strong and enforceable privacy and data security rights for health information.

After decades of data misuse, breaches, and privacy intrusions, Americans are reluctant to trust tech firms to protect their sensitive health information – according to a recent poll, more than half of Americans would not use a contact tracing app and similar tools from Google and Apple over privacy concerns. The bicameral Public Health Emergency Privacy Act would protect Americans who use this kind of technology during the pandemic and safeguard civil liberties. Strengthened public trust will empower health authorities and medical experts to leverage new health data and apps to fight COVID-19. 

“Technologies like contact tracing, home testing, and online appointment booking are absolutely essential to stop the spread of this disease, but Americans are rightly skeptical that their sensitive health data will be kept safe and secure,” Blumenthal said. “Legal safeguards protecting consumer privacy failed to keep pace with technology, and that lapse is costing us in the fight against COVID-19. This measure sets strict and straightforward privacy protections and promises: Your information will be used to stop the spread of this disease, and no more. The Public Health Emergency Privacy Act’s commitment to civil liberties is an investment in our public health.”

“Our health privacy laws have not kept pace with what Americans have come to expect for their sensitive health data,” Warner said. “Strong privacy protections for COVID health data will only be more vital as we move forward with vaccination efforts and companies begin experimenting with things like ‘immunity passports’ to gate access to facilities and services. Absent a clear commitment from policymakers to improving our health privacy laws, as this important legislation seeks to accomplish, I fear that creeping privacy violations and discriminatory uses of health data could become the new status quo in health care and public health.” 

“I’m exceedingly proud of the American innovators, many of whom are in my congressional district, who have built technologies to combat the coronavirus. As these technologies are used, they must be coupled with policies to protect the civil liberties that define who we are as a nation,” said Eshoo. “The Public Health Emergency Privacy Act is a critical bill that will prohibit privacy invasions by preventing misuse of pandemic-related data for unrelated purposes like marketing, prohibiting the data from being used in discriminatory ways, and requiring data security and integrity measures. The legislation will give the American people confidence to use technologies and systems that can aid our efforts to combat the pandemic.”

“As we continue to respond to the devastating suffering caused by COVID-19, our country’s first and foremost public health response must be testing, testing, testing, AND manual contact tracing. Digital contact tracing can and should complement these efforts, but it is just that – complimentary. However, if we do pursue digital contact tracing, consumers need clearly-defined privacy rights and strong enforcement to safeguard these rights. I am proud to re-introduce this bill with my friend and fellow Energy & Commerce Subcommittee Chairwoman Eshoo and Congresswoman DelBene, along with Senators Blumenthal and Warner,” said Schakowsky. “It’s our shared belief that the Trump Administration missed an opportunity when it failed to advocate for swift passage of this legislation. Based on how poorly the Trump Administration’s contact tracing scheme went, we all know this legislation would go a long way towards establishing the trust American consumers need – and which Big Tech has squandered, time and again – for digital contact tracing to be a worthwhile auxiliary to the Biden Administration’s plan for widespread testing and manual contact tracing.” 

“Technology has become one of our greatest tools in responding to the COVID-19 pandemic but we need to build trust with the broader public if we are going to reach its full potential. Americans need to be certain their sensitive personal information will be protected when using tracing apps and other COVID-19 response technology and this pandemic-specific privacy legislation will help build that trust,” said DelBene. “Data privacy should not end with the pandemic. We need comprehensive privacy reform to protect Americans at all times, including state preemption to create a strong, uniform national standard. I hope that this crisis has shed light on the lack of adequate digital privacy policies in our country and look forward to working with these lawmakers and others to create the necessary standards moving forward.”

The bill is co-sponsored in the Senate by U.S. Senators Michael Bennet (D-CO), Amy Klobuchar (D-MN), Edward J. Markey (D-MA), Tammy Baldwin (D-WI), Mazie K. Hirono (D-HI), Cory Booker (D-NJ), Robert Menendez (D-NJ), Angus King (I-ME), Elizabeth Warren (D-MA) and Dick Durbin (D-IL).

The bill is co-sponsored in the House of Representatives by Don Beyer (D-VA), Jerry McNerney (D-CA), Nanette Diaz Barragán (D-CA), Mark Pocan (D-WI), Bobby Rush (D-IL), Peter Welch (D-VT), Mary Gay Scanlon (D-PA), Doris Matsui (D-CA), Ted Lieu (D-CA), Mark DeSaulnier (D-CA), Jahana Hayes (D-CT), Ro Khanna (D-CA), Jesús ''Chuy'' García (D-IL), Stephen Lynch (D-MA), Raúl Grijalva (D-AZ), Barbara Lee (D-CA), Debbie Dingell (D-MI), and Peter DeFazio (D-OR). 

The Public Health Emergency Privacy Act would:

·       Ensure that data collected for public health is strictly limited for use in public health;

·       Explicitly prohibit the use of health data for discriminatory, unrelated, or intrusive purposes, including commercial advertising, e-commerce, or efforts to gate access to employment, finance, insurance, housing, or education opportunities;

·       Prevent the potential misuse of health data by government agencies with no role in public health;

·       Require meaningful data security and data integrity protections – including data minimization and accuracy – and mandate deletion by tech firms after the public health emergency;

·       Protect voting rights by prohibiting conditioning the right to vote based on a medical condition or use of contact tracing apps;

·       Require regular reports on the impact of digital collection tools on civil rights;

·       Give the public control over their participation in these efforts by mandating meaningful transparency and requiring opt-in consent; and

·       Provide for robust private and public enforcement, with rulemaking from an expert agency while recognizing the continuing role of states in legislation and enforcement.

The Public Health Emergency Privacy Act is endorsed by Access Now, Electronic Privacy and Information Center (EPIC), the Center for Digital Democracy, Color of Change, Common Sense Media, New America’s Open Technology Institute, and Public Knowledge.

“A public health crisis is not the time to give up on our privacy rights, and this bill would go a long way toward protecting those rights. COVID-19 response apps are already out there, and this bill will help ensure that the apps are distributed and used in a responsible manner that will limit the new and expansive surveillance systems companies are building. Allowing these apps to proceed unchecked would create serious privacy violations that will never be undone,”said Eric Null, U.S. Policy Manager at Access Now.

“The Public Health Emergency Privacy Act shows that privacy and public health are complementary goals. The bill requires companies to limit the collection of health data to only what is necessary for public health purposes, and crucially, holds companies accountable if they fail to do so,” said Caitriona Fitzgerald, Interim Associate Director and Policy Director with Electronic Privacy Information Center (EPIC).

“Public health measures to contain the deadly spread of COVID-19 must be effective and protect those most at risk. Where data are collected or used, they should not be misused to undermine privacy, fairness and equity, or place our civil rights in peril. The Public Health Emergency Privacy Act ensures that efforts to limit the spread of the virus truly protect all our interests,” said Katharina Kopp, Director of Policy for the Center for Digital Democracy.

“Color Of Change strongly supports the Public Health Emergency Privacy Act, as it would prevent corporate profiteering and government misuse of health data to help ensure Black people — who are disproportionately exposed to the dangers of surveillance — can operate online without fear. Profit-incentivized corporations should not be allowed to exploit loopholes to gather and sell sensitive health and location data without any regard to the safety of our communities. As the COVID-19 pandemic rages on, we need stringent and enforceable safeguards in place to protect private health information of Black people and other marginalized communities, who are most at risk of both COVID-19 and surveillance. We thank Senators Blumenthal and Warner for their leadership on this legislation, and we will continue to advocate for the highest standard of protection against the abuse of personal data,” said Color Of Change President Rashad Robinson.

“Common Sense calls on Congress to pass meaningful privacy safeguards for families. More than ever, the pandemic has highlighted how important it is that families can trust how their information is being collected, used, and shared. PHEPA is an important proposal to ensure technologies and data being used to combat COVID are used in privacy-protective ways, and it also can serve as a model for how Congress can comprehensively protect privacy in the near future,” said Ariel Fox Johnson, Senior Counsel for Global Policy with Common Sense Media. 

“OTI welcomes the re-introduction of this legislation that would establish strong safeguards to prevent personal data from being used for non-public health purposes and prevent the data from being used in a discriminatory manner. The ongoing privacy threats and urgency of the pandemic make these protections more important than ever,” said Christine Bannan, Policy Counsel at New America’s Open Technology Institute.

“As contact tracing apps and other types of COVID-19 surveillance become commonplace in the United States, this legislation will protect the privacy of Americans regardless of the type of technology used or who created it. It is critical that Congress continue to work to prevent this type of corporate or government surveillance from becoming ubiquitous and compulsory,” said Sara Collins, Policy Counsel at Public Knowledge.

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WASHINGTON - U.S. Sen. Mark R. Warner joined Sen. Jeanne Shaheen (D-NH), the only woman on the Senate Foreign Relations Committee, and Representatives Barbara Lee (CA-13), Jan Schakowsky (IL-09) and Ami Bera, M.D. (CA-07), in a bipartisan, bicameral reintroduction of the Global Health, Empowerment, and Rights (HER) Act in both the Senate and House of Representatives. The legislation would permanently repeal the harmful Global Gag Rule. Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK) also joined Shaheen to lead the introduction of the legislation in the Senate, which has 46 total cosponsors. The House companion legislation has 173 cosponsors.  

The Global Gag Rule, also known as the Mexico City Policy, is an executive order that bans federal funds for foreign non-governmental organizations that use non-U.S. funds to provide abortion services or provide information about abortion as part of comprehensive family planning services. This forces clinics to choose between providing limited reproductive health services while accepting U.S. foreign aid or providing inclusive family planning and reproductive health care with a limited budget. The ill-conceived policy was rescinded by the Obama administration, only to be reinstated and expanded under the Trump administration. President Trump expanded the policy numerous times during his term in office to unprecedented levels, all of which Senator Shaheen vehemently opposed. Yesterday, President Biden rescinded the policy. 

“The Global Gag Rule compromised women’s health and well-being in some of our most vulnerable communities around the world. The impact of the last administration’s actions to implement and significantly expand this policy will take years to repair,” said Senator Shaheen. “I’m very pleased by President Biden’s decision to rescind this policy and I’m eager to work with his administration to build on that effort in Congress, starting with legislation I’ve introduced – the Global HER Act. The Global HER Act is a bipartisan bill to permanently repeal the Global Gag Rule, ensuring that women’s access to important health services are not dependent on the person in the White House. And a permanent repeal is needed now more than ever. The Trump administration’s unprecedented and exponential expansion of the Global Gag Rule cannot be repeated. Frontline organizations need certainty on funding and services so they can best serve their patients. The life and health of a mother on the other side of the world shouldn’t be at the whim of a President’s partisan politics. It’s time to end the Global Gag Rule.”  

“The Global Gag rule leaves behind a chilling effect every time the United States changes administrations, undercutting the longstanding goals of the policy,” said Congresswoman Lee. “This harmful policy interferes with doctor-patient relationships by restricting crucial information and health services for vulnerable communities around the world. We can no longer undermine the sustainability of global health programs and our pace of progress, so I’m proud to be co-leading this effort with my colleagues. I’m looking forward to advancing the Global HER Act in the House and Senate with an administration that understands the importance of this issue." 

“I want to applaud President Biden for taking the important step of issuing an Executive Order to repeal the Global Gag rule, saving lives and protecting the health of women around the world,” said Congresswoman Schakowsky. “Access to comprehensive reproductive health services and information will not only reduce the number of unwanted pregnancies, but also prevent injuries and death that result from unsafe abortions. Once again, the United States, the single largest funder of global health, is stepping up to prevent negative maternal health outcomes. I am proud to co-lead the Global HER Act to permanently repeal this harmful policy and ensure that future Administrations don’t bring it back.”

“I’m grateful President Biden rescinded the Global Gag Rule, which jeopardizes life-saving global health programs and makes it even harder for women and families in vulnerable populations to access critical reproductive health care. This policy also hinders our ability to fight against epidemics like HIV/AIDS, tuberculosis, and malaria. The Trump Administration shamefully expanded this policy, leading to disastrous results for women and families across the world at a time when the global community was already reeling from the COVID-19 pandemic,” said Congressman Bera. “Congress must act to ensure no future Administration can implement this harmful policy. I’m proud to join my colleagues in the House and Senate in reintroducing the Global HER Act to permanently end the Global Gag Rule and its attack on reproductive rights.” 

“The Global HER Act would allow U.S. global health assistance funding for foreign non-governmental organizations, using their own funds, to provide the full scope of family planning services to women in developing countries,” said Senator Collins. “The global gag rule forces health care organizations to make a Hobson’s choice:  either give up desperately needed funds for family planning and a broad array of other important health care services, or renege on their responsibility to provide patients with full and accurate medical information.  I will continue to work with my colleagues to ensure that U.S. investments in global health are effective and are administered efficiently.”

“In 2017, President Trump issued a presidential memorandum that restored the Mexico City policy, also known as the global gag rule. The expansion of this policy that occurred over the last four years had a detrimental impact on clinical providers, community health workers and public health partners around the world providing women and girls with essential services,” said Senator Murkowski.  “I’m proud to help reintroduce bipartisan, bicameral legislation which would permanently repeal that rule. By doing so, we remove eligibility restrictions that could unintentionally create barriers to critical, often life-saving services and help ensure women around the world have access to more comprehensive, quality healthcare.” 

The Global HER Act would: 

  • Ensure that eligible foreign NGOs can continue to operate U.S.-supported health programs abroad, particularly those that provide legal health services to women -- including counseling, referral, and legal abortion services -- with their own, non-U.S. funds; 
  • Guarantee that foreign NGOs will not be forced to sacrifice their right to free speech in order to participate in U.S.-supported programs abroad; and
  • Help expand access to health programs for women around the world to improve health and development outcomes for entire families, communities and developing countries.  

A member of both the Senate Foreign Relations and Armed Services Committees, Senator Shaheen has been a fierce advocate for women and girls around the globe, including advocating on behalf of family planning and women’s global health, spearheading efforts to end gender-based violence, authoring legislation to address barriers that girls around the world face in accessing education and securing women leadership roles in conflict resolution and peace negotiations

In addition to Sen. Warner, the Global HER Act is cosponsored by Senators Collins (R-ME), Murkowski (R-AK), Menendez (D-NJ), Baldwin (D-WI), Bennet (D-CO), Blumenthal (D-CT), Booker (D-NJ), Brown (D-OH), Cantwell (D-WA), Cardin (D-MD), Carper (D-DE), Casey (D-PA), Coons (D-DE), Cortez Masto (D-NV), Duckworth (D-IL), Durbin (D-IL), Feinstein (D-CA), Gillibrand (D-NY), Hassan (D-NH), Hirono (D-HI), Kaine (D-VA), Kelly (D-AZ), King (I-ME), Klobuchar (D-MN), Leahy (D-VT), Markey (D-MA), Merkley (D-OR), Murphy (D-CT), Murray (D-WA), Ossoff (D-GA), Peters (D-MI), Reed (D-RI), Rosen (D-NV), Sanders (I-VT), Schatz (D-HI), Schumer (D-NY), Sinema (D-AZ), Smith (D-MN), Stabenow (D-MI), Tester (D-MT), Van Hollen (D-MD), Warnock (D-GA), Warren (D-MA), Whitehouse (D-RI) and Wyden (D-OR).

The Global HER Act is endorsed by 132 organizations representing global health, women’s reproductive rights, women’s equality, civil rights and other relevant advocacy constituencies. The full list is available here 

Text of the Global HER Act can be read here

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WASHINGTON, D.C. – Today U.S. Senators Mark R. Warner and Tim Kaine joined Senator Tom Carper in re-introducing legislation to make Washington, D.C. the 51st state of the United States. The Washington, D.C. Admission Act would establish congressional boundaries for the 51st state and grant D.C. residents full congressional representation. The bill would also ensure that the citizens and elected leaders of the District of Columbia have full authority over local affairs, including crucial safety and security matters. Additionally, the legislation would designate the areas surrounding the White House, the Capitol, the Supreme Court, and the National Mall as the seat of the federal government. That area would inherit the name the “Capital” and remain under the control of Congress, as mandated by the Constitution. 

“We are proud to cosponsor this piece of legislation recognizing D.C. as our nation’s 51st state,” said the Senators. “For too long, our neighbors in D.C. have been denied their civil rights and subject to taxation without proper representation.”

In June 2020, federal agents and the U.S. military were deployed against Americans exercising their constitutional right to peacefully protest in the District of Columbia, specifically in Lafayette Square just north of the White House. And on January 6, 2021, when violent rioters stormed the U.S. Capitol, it took hours to approve National Guard mobilization. There are 54 units that make up the National Guard: one for each state plus Guam, Puerto Rico, the U.S. Virgin Islands and the District of Columbia. However, of those 54 units, only the D.C. National Guard doesn’t fall under local control. Instead, the order to mobilize the D.C. National Guard must come from the White House, rather than the head of D.C. government.  

Also joining Senators Warner, Kaine, and Carper on the legislation are Senators Chris Van Hollen (D-MD), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Ben Cardin (D-MD), Bob Casey (D-PA), Maria Cantwell (D-WA), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Richard Durbin (D-IL), Tammy Duckworth (D-IL), Kirsten Gillibrand (D-NY), Dianne Feinstein (D-CA), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Patrick Leahy (D-VT), Ed Markey (D-MA), Bob Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CT), Patty Murray (D-WA), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Brian Schatz (D-HI), Chuck Schumer (D-NY), Tina Smith (D-MN), Debbie Stabenow (D-MI), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR). 

Del. Eleanor Norton Holmes (D-DC) introduced companion legislation in the House of Representatives with 202 original cosponsors. Last year, the companion bill introduced in the House of Representatives by Congresswoman Norton received a full vote in the House and passed by a vote of 232-180. District of Columbia residents have also voted overwhelmingly to petition the federal government to end this unjust situation by granting D.C. statehood. A November 2016 referendum approved a name, constitution, and boundaries for what would become the new state called Washington, Douglass Commonwealth (D.C.). 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) met with President Biden’s nominee for Department of Homeland Security (DHS) Secretary, Alejandro Mayorkas, ahead of his confirmation vote to discuss the importance of the Commonwealth’s seafood industry and its reliance on H-2B visas.

“During my conversation with Mr. Mayorkas, I stressed the importance of Virginia’s seafood processing industry, which includes many small and family-owned businesses, and their reliance on H-2B visas to hire seasonal workers. As I indicated during the meeting, it is my hope that we find a long-term solution to support these small, family-owned businesses in the Northern Neck,” said Sen. Warner.

Sen. Warner has long advocated for Virginia’s seafood processing industry – a community largely made up of rural, family-owned operations. Last February, Sen. Warner urged the U.S. Department of Homeland Security (DHS) to release additional H-2B visas needed to support local seafood businesses in Virginia and states like Alaska, Maryland, and North Carolina.

In July, Sen. Warner sent a bicameral, bipartisan letter to the United States Department of Agriculture (USDA) highlighting the severe impacts COVID-19 is having on the seafood industry and requesting that USDA consider establishing a short-term purchasing program for shellfish products.As a result of these efforts, USDA recently announced its decision to allow oyster and clam businesses to access funds included within the CARES Act Coronavirus Food Assistance Program, an announcement that Sen. Warner applauded.

In September, he also fired off a letter to Secretary of State Mike Pompeo regarding the urgent need to secure H-2B visas for seasonal seafood workers in Virginia with the oyster harvesting season now in full swing. And in October in the Northern Neck, Sen. Warner participated in a socially-distanced meet and greet to celebrate the kickoff of the oyster harvesting season and to discuss his work in Congress to help Virginia’s family-owned seafood processors keep their operations up and running during the economic hardship caused by the COVID-19 health crisis.

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