WASHINGTON — U.S. Sen. Mark R. Warner, a member of the Senate Banking Committee, and Sen. Tim Kaine (both D-VA) joined a group of 40 Senate Democrats in standing up for the Consumer Financial Protection Bureau’s (CFPB) independence and power to obtain justice for consumers who have been wronged by large financial institutions. 

In a letter today, the Senators urged Senate leaders Mitch McConnell and Chuck Schumer to preserve the agency’s independent funding stream and protect the CFPB from political interference. The Consumer Financial Protection Bureau’s independent funding structure has been key to its success, which in just six years has returned nearly $12 billion to more than 29 million impacted consumers.

“The administration has already undermined the effectiveness of the CFPB by appointing Office of Management and Budget Director Mick Mulvaney as part-time Director of the Bureau,” the Senators wrote in a letter. “Altering the funding stream of the Consumer Financial Protection Bureau would further jeopardize the agency and its ability to conduct independent investigations into financial wrongdoing. The Dodd-Frank Wall Street Reform and Consumer Protection Act established the CFPB as an independent agency to protect it from political interference by Congress or the Executive Branch.”

In addition to Warner and Kaine, the letter was signed by Sens. Jeff Merkley (D-OR), Sherrod Brown (D-OH), Elizabeth Warren (D-MA), Catherine Cortez Masto (D-NV), Bernie Sanders (I-VT), Kirsten Gillibrand (D-NY), Edward J. Markey (D-MA), Mazie K. Hirono (D-HI), Jack Reed (D-RI), Sheldon Whitehouse (D-RI), Bob Menendez (D-NJ), Maggie Hassan (D-NH), Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Debbie Stabenow (D-MI), Cory Booker (D-NJ), Chris Van Hollen (D-MD), Bob Casey (D-PA), Gary Peters (D-MI), Tammy Duckworth (D-IL), Ben Cardin (D-MD), Maria Cantwell (D-WA), Dianne Feinstein (D-CA), Bill Nelson (D-FL), Ron Wyden (D-OR), Michael Bennet (D-CO), Brian Schatz (D-HI), Patty Murray (D-WA), Kamala Harris (D-CA), Tom Udall (D-NM), Dick Durbin (D-IL), Chris Murphy (D-CT), Tina Smith (D-MN), Tom Carper (D-DE), Jeanne Shaheen (D-NH), Martin Heinrich (D-NM), Joe Donnelly (D-IN), and Amy Klobuchar (D-MN).

Sens. Warner and Kaine have urged President Trump to swiftly nominate a permanent director of the CFPB who will put working families ahead of Wall Street.

The full text of the letter is available here and below.

January 17, 2018 

Dear Majority Leader McConnell and Minority Leader Schumer,

As Congress works to finalize the Fiscal Year 2018 Appropriations bill, we respectfully request that you reject any language that alters the funding stream of the Consumer Financial Protection Bureau (CFPB). Independent funding for the CFPB is critical for the agency to continue vigorously enforcing consumer protection laws without any political interference. We write to highlight the importance of excluding any such language because the recommendation and explanatory statement for the FY2018 Financial Services and General Government Appropriations bill regrettably included language to do just that. 

The administration has already undermined the effectiveness of the CFPB by appointing Office of Management and Budget Director Mick Mulvaney as part-time Director of the Bureau. Altering the funding stream of the Consumer Financial Protection Bureau would further jeopardize the agency and its ability to conduct independent investigations into financial wrongdoing. The Dodd-Frank Wall Street Reform and Consumer Protection Act established the CFPB as an independent agency to protect it from political interference by Congress or the Executive Branch. To ensure its independence, the CFPB receives its funding from the Federal Reserve, rather than from the Congressional appropriations process. 

The CFPB was designed with an independent Director and an independent funding stream and has successfully advocated on behalf of hardworking Americans. The CFPB’s funding should not be treated any differently from the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), the National Credit Union Administration (NCUA), or the Federal Reserve. Subjecting any banking regulator, including the CFPB, to the appropriations process would jeopardize the ability of that agency to fulfill its mission and hold bad actors accountable. 

The CFPB has done its job well and there is no basis for dramatically altering its funding source and undermining its ability to protect consumers.  In just six years, the CFPB has returned $11.9 billion to over 29 million cheated American consumers. From when it opened its doors in 2011 through 2016, the CFPB brought a total 164 enforcement cases. Comparatively, during the height of predatory lending crisis from 2000 to 2008, the five federal financial regulators, including the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), the now defunct Office of Thrift Supervision (OTS), the Federal Reserve Board, and the Federal Trade Commission (FTC), brought a total of only 79 consumer enforcement actions – despite the rampant consumer abuses and frauds that occurred in the build up to the 2008 financial crisis. 

The CFPB has fought against Wall Street abuses, including its record-breaking settlement in the Wells Fargo fake-accounts matter. The agency worked alongside the Office of City Attorney for Los Angeles and the OCC to uncover the bank’s illegal practices that led to millions of Americans having accounts opened in their names without their knowledge. Most recently, the CFPB returned more than $100 million to consumers in response to the credit repair company Morgan Drexen charging illegal fees. 

We appreciate your consideration of our request to preserve the independent funding stream of the CFPB and look forward to working with you on this important matter for all American consumers.

Sincerely,

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WASHINGTON — U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined a group of 27 Senate Democrats in a letter to Department of Homeland Security (DHS) Secretary Nielsen urging DHS to reverse its decision to end Temporary Protection Status (TPS) designation for El Salvador.

Earlier this week, DHS announced it would be ending TPS designation for the nearly 200,000 Salvadorans working and living under TPS protections in the United States today. Ending the TPS designation will not only uproot thousands of lives, disrupt communities across the U.S. and remove much-needed workers from important sectors of the U.S. economy, but it will also harm progress made to improve conditions in El Salvador. 

“We believe that conditions in El Salvador remain unstable, and that continued TPS designation is warranted for the country,” the senators wrote. “In June 2017, the Trump administration held a conference to promote prosperity, governance, and rule of law in the Northern Triangle countries of Central America—including El Salvador, Honduras, and Guatemala. While progress has been made under the Alliance for Prosperity in reducing gang violence, improving rule of law, and addressing root causes of migration, considerably more work needs to be done as conditions remain dangerous and the economic situation tenuous. The decision to end TPS for 200,000 Salvadorans and needlessly subject these immigrants to deportation stands to threaten, not further, this progress.” 

In addition to Sens. Warner and Kaine, the letter was signed by Sens. Tom Carper (D-DE), Ben Cardin (D-MD), Patty Murray (D-WA), Ed Markey (D-MA), Cory Booker (D-NJ), Elizabeth Warren (D-MA), Catherine Cortez Masto (D-NV), Kirsten Gillibrand (D-NY), Tammy Duckworth (D-IL), Tina Smith (D-MN), Chris Van Hollen (D-MD), Amy Klobuchar (D-MN), Kamala Harris (D-CA), Ron Wyden (D-OR), Sheldon Whitehouse (D-RI), Maria Cantwell (D-WA), Chris Coons (D-DE), Bob Menendez (D-NJ), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Jack Reed (D-RI), Bernie Sanders (I-VT), Patrick Leahy (D-VT), Tom Udall (D-NM), and Dianne Feinstein (D-CA). 

The letter is available here. The text of the letter is below.

The Honorable Kirstjen Nielsen

Secretary 

U.S. Department of Homeland Security

Washington, D.C.  20528

Dear Secretary Nielsen:

We write to express our deep concern regarding the unprecedented decision to end Temporary Protected Status (TPS) designation for El Salvador, and to request that you reverse this decision. 

As you know, nearly 200,000 Salvadorans currently work and live in the United States under TPS protections—more than from any other country. These immigrants have high levels of workforce participation, and their valuable role in our labor force is vital to our economy. According to a recent analysis by the Center for American Progress, if Salvadoran workers with TPS are removed from the labor force, we will lose an estimated $109 billion in GDP over the next decade, as well as billions of dollars in Social Security and Medicare contributions.[1]  The renewal of El Salvador’s TPS designation has received strong support from leaders in both business and labor, including the U.S. Chamber of Commerce,[2] the AFL-CIO,[3] and the SEIU.[4]  Ending TPS protections for El Salvador will needlessly push nearly 200,000 hardworking immigrants into the shadows, hurting employers in industries across our economy.

El Salvador’s government requested last year that the Trump Administration continue its existing TPS designation, after assessing that its country lacks the capacity to absorb tens of thousands of TPS returnees.[5] Additionally, remittances transmitted by TPS recipients, who are authorized to work in the U.S., provide a critical boost to El Salvador’s fragile economic security. More than 50 percent of TPS recipients in these countries have resided in the U.S. for 20 years or more, and TPS beneficiaries are parents to an estimated 273,000 U.S. citizen children.[6]  The decision to end TPS will uproot thousands of well-established lives and, in many cases, will devastate families and communities.

We believe that conditions in El Salvador remain unstable, and that continued TPS designation is warranted for the country. In June 2017, the Trump administration held a conference to promote prosperity, governance, and rule of law in the Northern Triangle countries of Central America—including El Salvador, Honduras, and Guatemala. While progress has been made under the Alliance for Prosperity in reducing gang violence, improving rule of law, and addressing root causes of migration, considerably more work needs to be done as conditions remain dangerous and the economic situation tenuous. The decision to end TPS for 200,000 Salvadorans and needlessly subject these immigrants to deportation stands to threaten, not further, this progress.

Given these concerns, we ask that you provide the following information no later than January 25, 2018:

1. A complete copy of documents prepared by the State Department and transmitted to the Department of Homeland Security regarding the country condition in El Salvador, including the recommendation regarding extension or termination of the TPS designation for El Salvador;

2. A complete copy of documents prepared by the U.S. Embassy in El Salvador and transmitted to the State Department regarding the Embassy’s assessment of country conditions and formal recommendation related to the extension or termination of the TPS designation for El Salvador;

3. A description of how this information was considered in reaching your decision to terminate the TPS designation for El Salvador;

4. A description of how, if at all, the State Department’s February 14, 2017, travel warning stating that El Salvador has one of the highest homicide levels in the world, and citing high rates of MS-13 and Eighteenth Street gang violence, was considered in reaching your decision to terminate the TPS designation for El Salvador; and

5. A description of any involvement by White House officials in the decision-making process related to the TPS designation for El Salvador, including detailing any policy preference or perspective communicated by the White House to you or other Department of Homeland Security officials.

We urge you to reconsider the decision to end TPS protections for Salvadorans, and commit to working with Congress to pass legislation providing permanent protections for current TPS beneficiaries. Thank you for your attention to this matter. 

With best personal regards, we are

                                                          Sincerely yours,

WASHINGTON, D.C.— Today U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced their support for the Pet and Women Safety (PAWS) Act, a bicameral, bipartisan bill to protect victims of domestic violence, sexual assault, stalking and dating violence from emotional and psychological trauma caused by violence against their pets. Multiple studies have shown that domestic abusers often seek to manipulate or intimidate their victims by threatening or harming their pets, but according to the American Society for the Prevention of Cruelty to Animals (ASPCA), only three percent of domestic violence shelters across the country accept pets.

“The PAWS Act helps domestic violence survivors flee their abusers, without having to fear for the safety of their family pets,” the Senators said. “The dilemma of choosing between your own safety and that of a beloved family pet is a serious but often overlooked problem that we must solve.”

The PAWS Act expands existing federal domestic violence protections to include threats or acts of violence against a victim’s pet, and provides grant funding to programs that offer shelter and housing assistance for domestic violence victims with pets. The bill also requires the full amount of the victim's losses for purposes of restitution in domestic violence and stalking offenses to include any costs incurred for veterinary services relating to physical care for the victim's pet. 

The ASPCA reported that a study in Wisconsin found 68 percent of domestic violence survivors reported their abusers were also violent towards their animals. A similar study found that as many as 25 percent of domestic violence survivors have returned to an abusive partner out of concern for their pet. A separate 2007 study found that as many as one-third of domestic abuse survivors reported they delayed leaving an abuser for an average of two years out of concern for the safety of their pet.

“The Action Alliance is pleased to see Senators Warner and Kaine supporting legislation that will help survivors of domestic violence get the resources they need without having to compromise between their safety and that of their pets,” said Kristi VanAudenhove, Executive Director of the Virginia Sexual and Domestic Violence Action Alliance. “This effort to support survivors in their decision to leave dangerous situations is a welcome step in the right direction.”

“We, as a society, should help people—and the companion animals who share their lives—take steps to get away from their abusers. I heartily thank Senator Warner, who joins Senator Kaine, in helping to institute a new federal tool in the toolbox to fight the horrors of domestic violence,” said Rob Blizard, Executive Director of the Norfolk Society for the Prevention of Cruelty to Animals (SPCA). “A state’s borders will never stop abusers who mean to threaten, hurt or kill—but the PAWS Act provides a needed federal approach to help victims escape the dangerous behavior of people who should instead be loving and protecting them.”

The PAWS Act is supported by the National Network to End Domestic Violence, the American Society for the Prevention of Cruelty to Animals (ASPCA), the Humane Society of the United States, the National Coalition Against Domestic Violence, the Association of Prosecuting Attorneys, the National Link Coalition, the Sheltering Animals & Families Together (SAF-T) Program, the Animal Legal Defense Fund, the Animal Welfare Institute, RedRover, the National Animal Care & Control Association, the National District Attorneys Association, the American Veterinary Medical Association, YWCA USA, the American Kennel Club, the Fraternal Order of Police, and the National Sheriffs’ Association.

Below is a list of Animal Welfare Institute “Safe Havens” in Virginia. These sheltering services currently assist the victims of domestic violence who would be aided by the PAWS Act, by placing their companion animals out of harm's way so that they may seek safety for themselves: 

• Abingdon - People Incorporated Domestic Violence Program
• Alexandria - Alexandria Domestic Violence Program & Animal Welfare League of Alexandria: Safekeeping Program
• Alexandria - Fairfax Victim Assistance Network
• Alexandria - North Virginia Family Services
• Alexandria - Peaceful Families Project
• Amherst - Amherst County Commission Against Domestic Violence
• Arlington - Animal Welfare League of Arlington
• Arlington - Doorways for Women & Families
• Ashland - Hanover Safe Place
• Bedford - Bedford Domestic Violence Coalition
• Charlottesville - She: Shelter for Help in Emergency
• Christiansburg - Petsafe of the New River Valley
• Covington - Safehome Systems
• Dumfries - Acts: Turning Points
• Fairfax - Artemis House Shelter House
• Fairfax - Fairfax County Animal Shelter / Fairfax County Police Department
• Fredericksburg - Rappahannock Council on Domestic Violence / Empowerhouse
• Gate City - Hope House of Scott County
• Glen Allen - Henrico County MHC-Domestic Violence Treatment
• Gloucester - Gloucester-Mathews Humane Society
• Gloucester - Laurel Shelter
• Harrisonburg - Cat's Cradle of The Shenandoah Valley
• Harrisonburg - First Step: A Response to Domestic Violence
• Herndon - Fairfax County Women's Shelter: Artemis House
• Leesburg - Loudon Abused Women's Shelter/emergency Shelter for Pets
• Leesburg - Loudon County & Leesburg City Victims Witness Office
• Lexington - Project Horizon
• Marion - Southwest Virginia Legal Aid Society
• Martinsville - Citizens Against Family Violence
• New Kent - Project Hope at Quin Rivers Agency
• Norfolk - YWCA Of South Hampton Roads - Women in Crisis
• North Tazewell - Clinch Valley Community Action-Family Crisis Services
• Norton - Family Crisis Support Services
• Onancock - Eastern Shore Coalition Against Domestic Violence
• Portsmouth - Family Violence Prevention
• Portsmouth - Help and Emergency Response
• Radford - Women's Resource Center of The New River Valley
• Richmond - Domestic Violence Interventions
• Richmond - Richmond SPCA/Sheltering Animals of Abused Families
• Richmond - Virginia Family Violence and Sexual Assault Hotline
• Richmond - YWCA - Women's Advocacy Program
• Roanoke - Tap Domestic Violence Services
• Roanoke - Turning Point - The Salvation Army
• Rocky Mount - Franklin County Family Resource Center
• Staunton - New Directions Center
• Virginia Beach - Samaritan House
• Virginia Beach - Virginia Beach SPCA: Temporary Foster Program Service
• Williamsburg - Avalon Center
• Winchester - The Laurel Center
• Woodstock - Response, Inc.
• Wytheville - Family Resource Center 

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WASHINGTON — U.S. Sens. Mark R. Warner (D-VA) and Elizabeth Warren (D-MA) introduced today the Data Breach Prevention and Compensation Act to hold large credit reporting agencies (CRAs)—including Equifax—accountable for data breaches involving consumer data. The bill would give the Federal Trade Commission (FTC) more direct supervisory authority over data security at CRAs, impose mandatory penalties on CRAs to incentivize adequate protection of consumer data, and provide robust compensation to consumers for stolen data.

In September 2017, Equifax announced that hackers had stolen sensitive personal information – including Social Security Numbers, birth dates, credit card numbers, driver’s license numbers, and passport numbers – of over 145 million Americans. The attack highlighted that CRAs hold vast amounts of data on millions of Americans but lack adequate safeguards against hackers. Since 2013, Equifax has disclosed at least four separate hacks in which sensitive personal data was compromised.

“In today’s information economy, data is an enormous asset. But if companies like Equifax can’t properly safeguard the enormous amounts of highly sensitive data they are collecting and centralizing, then they shouldn’t be collecting it in the first place,” said Sen. Warner. “This bill will ensure that companies like Equifax – which gather vast amounts of information on American consumers, often without their knowledge – are taking appropriate steps to secure data that’s central to Americans’ identity management and access to credit.”

“The financial incentives here are all out of whack – Equifax allowed personal data on more than half the adults in the country to get stolen, and its legal liability is so limited that it may end up making money off the breach,” said Sen. Warren. “Our bill imposes massive and mandatory penalties for data breaches at companies like Equifax – and provides robust compensation for affected consumers – which will put money back into peoples’ pockets and help stop these kinds of breaches from happening again.”

The Data Breach Prevention and Compensation Act would establish an Office of Cybersecurity at the FTC tasked with annual inspections and supervision of cybersecurity at CRAs. It would impose mandatory, strict liability penalties for breaches of consumer data beginning with a base penalty of $100 for each consumer who had one piece of personal identifying information (PII) compromised and another $50 for each additional PII compromised per consumer. To ensure robust recovery for affected consumers, the bill would also require the FTC to use 50% of its penalty to compensate consumers and would increase penalties in cases of woefully inadequate cybersecurity or if a CRA fails to timely notify the FTC of a breach.

The Data Breach Prevention and Compensation Act is supported by cybersecurity experts and consumer groups:

“U.S. PIRG commends Senators Warren and Warner for the Data Breach Prevention and Compensation Act. It will ensure that credit bureaus protect your information as if you actually mattered to them and it will both punish them and compensate you when they fail to do so,” said U.S. PIRG Consumer Program Director, Ed Mierzwinski.

"This bill establishes much-needed protections for data security for the credit bureaus. It also imposes real and meaningful penalties when credit bureaus, entrusted with our most sensitive financial information, break that trust," said National Consumer Law Center staff attorney, Chi Chi Wu. 

"Senator Warner and Senator Warren have proposed a concrete response to a serious problem facing American consumers,” said Electronic Privacy Information Center President, Marc Rotenberg.

"This bill creates greater incentive for these companies to handle our data with care and gives the Federal Trade Commission the tools that it needs to hold them accountable,” said Director of Consumer Protection and Privacy at Consumer Federation of America, Susan Grant.

Sen. Warner has been a leader in calling for better consumer protections from data theft. Following the Equifax data breach, Sen. Warner asked the Federal Trade Commission (FTC) to examine whether credit reporting agencies such as Equifax have adequate cybersecurity safeguards in place for “the enormous amounts of sensitive data they gather and commercialize.” He slammed the credit bureau for its cybersecurity failures and weak response at a Banking Committee hearing with Securities and Exchange Commission (SEC) Chairman Jay Clayton last year. Similarly, in the aftermath of the 2013 Target breach that exposed the debit and credit card information of 40 million customers, Sen. Warner chaired the first congressional hearing on protecting consumer data from the threat posed by hackers targeting retailers’ online systems. Sen. Warner has also partnered with the National Retail Federation to establish an information sharing platform that allows the industry to better protect consumer financial information from data breaches.Warner, Warren Introduce Legislation to Hold Credit Reporting Agencies like Equifax Accountable for Data Breaches 

To view a fact sheet about the legislation, click here. The bill text can be found here.  

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine announced $350,000 in federal funds towards the development and implementation of a comprehensive economic development strategy for rural communities across Virginia. The funds will be awarded to planning district commissions in Accomack County, Smyth County, Russell County, Scott County, and Augusta County. The funding will be used to establish an economic development planning framework, process, and strategy that supports private capital investment and job creation in each region.

“These grant awards provide an opportunity for long-term economic planning, supporting growth and development in rural counties,” the Senators said. “These are important investments to promote job creation and draw in new business in these communities.” 

• The Accomack-Northampton Planning District Commission in Accomack County will receive $70,000 for economic development planning.
• The Mount Rogers Planning District Commission in Smyth County will receive $70,000 for economic development planning.
• The Cumberland Plateau Planning District Commission in Russell County will receive $70,000 for economic development planning.
• The Lenowisco Planning District Commission in Scott County will receive $70,000 for economic development planning.
• The Central Shenandoah Planning District Commission in Augusta County will receive $70,000 for economic development planning.

This funding was awarded through the U.S. Department of Commerce’s Economic Development Administration’s Economic Development District Planning Awards. The Trump Administration’s fiscal year 2018 budget proposed to eliminate funding for the Economic Development Administration. Warner and Kaine wrote to the Senate Appropriations Committee requesting that this proposal be overruled.

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Washington, D.C. – Today, U.S. Senators Joe Manchin (D-WV), Sherrod Brown (D-OH), Tim Kaine (D-VA), Mark Warner (D-VA) and Bob Casey (D-PA) sent a letter to the Secretary of the Department of Labor (DOL), Alexander Acosta, urging him to keep the Respirable Dust Rule to protect mine safety and miners health. This letter comes after the rule was included in the Unified Agenda for re-examination. 

The Senators said in part: “Given this increase in black lung disease and the devastating impact that this disease has on coal miners and their families, we believe that it is critical that we maintain this rule. Claims that the Respirable Dust Rule is unnecessary, imposes a costly burden, or provides little to no benefit to society ignore the fact that it can take up to a decade or longer for simple black lung disease to develop.

“We are also keenly aware that the rate of black lung disease fell after Congress passed the Coal Act of 1969 and that comprehensive evidence that this rule has been effective will not be fully available until 2026 at the earliest. We should not abandon our coal miners three short years after the rule went into effect.”

Read the full letter below or click here:

Dear Secretary Acosta, 

On December 14, 2017, the Office of Information and Regulatory Affairs (OIRA) published its fall Unified Agenda and Regulatory Plan, a semiannual list of federal regulatory and deregulatory actions.  We write to express our concerns regarding the decision to list several rules under the purview of the Mine Safety Health Administration (MSHA) for re-examination in the Unified Agenda.  These rules are meant to protect the health and safety of our nation’s coal miners.  

The Trump Administration has made clear its commitment to reducing regulatory burdens. We agree that unnecessary, outdated, or duplicative regulations should be examined for elimination or modification.  However, we believe that worker safety is of the utmost importance and we unequivocally oppose rolling back the Respirable Dust Rule (“the rule”) which is meant to protect the safety, health, and – in effect – the livelihood of our coal miners.  

In particular, the rule, which took effect in 2014, was promulgated by MSHA in an effort to reduce occupational lung diseases - namely coal workers pneumoconiosis (CWP), commonly known as “black lung disease”.   Black lung disease is a common but preventable disease that has plagued coal miners in Appalachia for decades.  The impacts of black lung disease are debilitating and, in the most serious cases, fatal.  

In 2010, the Secretary of Labor, acting under the authority of the Federal Mine Safety Health Act of 1977, proposed the rule.  The rule lowers the acceptable threshold for concentrations of respirable coal mine dust with the goal of making the air that miners breathe in coal mines less toxic.  The final rule decreased the dust limits from 2.0 milligrams per cubic meter to an improved level of 1.5 milligrams per cubic meter.   

Unfortunately, recent research, most notably a report from the National Institute of Occupational Safety and Health (NIOSH), has indicated the prevalence of black lung in Appalachian coalfields is worse than previously thought.  Furthermore, black lung clinics in Appalachia report that younger coal miners are being diagnosed with the disease at increasing rates.   

Given this increase in black lung disease and the devastating impact that this disease has on coal miners and their families, we believe that it is critical that we maintain this rule. Claims that the Respirable Dust Rule is unnecessary, imposes a costly burden, or provides little to no benefit to society ignore the fact that it can take up to a decade or longer for simple black lung disease to develop. 

We are also keenly aware that the rate of black lung disease fell after Congress passed the Coal Act of 1969 and that comprehensive evidence that this rule has been effective will not be fully available until 2026 at the earliest. We should not abandon our coal miners three short years after the rule went into effect. 

In short, we believe in worker safety first and foremost.  MSHA’s mission is a critical one for the safety and health of our nation’s miners and the Respirable Dust Rule is vital to ensuring that MSHA succeeds in that mission.   We urge you to retain the Respirable Dust Rule and prevent the unnecessary erosion of vital mine safety and health standards.

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WASHINGTON —Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter to the White House recommending Patricia Tolliver Giles and Judge Rossie David Alston, Jr. to fill the vacancy on the U.S. District Court for the Eastern District following the retirement of Judge Gerald Lee.

Giles and Alston both were recommended by an independent panel of attorneys from across the Commonwealth selected by Sens. Warner and Kaine to interview qualified applicants. Giles is currently an assistant U.S. attorney in the Eastern District of Virginia, and Alston has served as a judge of the Court of Appeals of Virginia since 2009.

“Under his tenure, Judge Lee served with great distinction on the bench and in the legal community. While presiding over a court with one of the busiest dockets in the country, Judge Lee tirelessly mentored youths in the community and fostered the careers of generations of lawyers from the minority Bar,” wrote the Senators. “Consistent with these values, we believe both Ms. Giles and Judge Alston would continue Judge Lee’s legacy…Ultimately, we believe either of these individuals would serve in the judiciary with great distinction and we are honored to recommend them to you.”

The White House will now nominate one individual to be considered by the Senate Judiciary Committee. The nomination is subject to confirmation by the full Senate.

The full text of today’s letter appears below.

The Honorable Donald J. Trump

President of the United States

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Dear Mr. President,

We are pleased to recommend Ms. Patricia Tolliver Giles and Judge Rossie David Alston, Jr. for the vacancy in the U.S. District Court for the Eastern District of Virginia left vacant by Judge Gerald Bruce Lee, who retired in September. Under his tenure, Judge Lee served with great distinction on the bench and in the legal community. While presiding over a court with one of the busiest dockets in the country, Judge Lee tirelessly mentored youths in the community and fostered the careers of generations of lawyers from the minority Bar.

Consistent with these values, we believe both Ms. Giles and Judge Alston would continue Judge Lee’s legacy. As Assistant U.S. Attorney in the Eastern District of Virginia, Ms. Giles serves on the Major Crimes Unit, where she has risen to prosecute some of the most serious cases in the office, including prosecution of MS-13 gang members for capital murder of a federal witness. Our advisory panel and various Bar Associations in the Commonwealth found her record most impressive.

Key members of the Virginia Bar also spoke highly of Judge Alston, who first joined the Commonwealth bench in 1998 and received an appointment to the Virginia Court of Appeals in 2009. He has also devoted significant time to the legal community, where he is an active member of various Bar associations, including the Old Dominion Bar. As a Distinguished Adjunct Professor at the Antonin Scalia Law School at George Mason University, he has taught courses in trial advocacy, criminal courts, and professional development. On Friday nights, Judge Alston changes his judicial robe for referee stripes to officiate Virginia high school football games. 

Ultimately, we believe either of these individuals would serve in the judiciary with great distinction and we are honored to recommend them to you.

Sincerely,

# # #

WASHINGTON — U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Banking Committee, issued the below statement following the committee’s bipartisan 10-13 vote against former Rep. Scott Garrett’s nomination to lead the U.S. Export-Import Bank, followed by broad bipartisan support for other Ex-Im Bank board nominees:

“For decades, the Export-Import Bank has served as a job-creating tool for U.S. manufacturers and exporters, helping finance over $138 billion in exports across the country – including support for more than 80 companies in Virginia – and supporting hundreds of thousands of middle class jobs.

“In order for U.S. manufacturers to compete in a global economy, we need a fully functional Ex-Im Bank. Without it, U.S. companies are at a major disadvantage against their foreign counterparts. But Rep. Garrett’s long record of attacking and undermining the Export-Import Bank mean that he is not fit to lead it. Today’s bipartisan vote against his nomination is a strong signal to the Trump Administration that it should withdraw this nomination and put forward a qualified nominee who understands the important role the Ex-Im Bank plays in leveling the playing field for U.S. companies overseas.  

“Establishing a quorum for the Bank’s board is long overdue, and I am encouraged that the rest of the board nominees were able to be approved by the Banking Committee on a bipartisan basis. I hope that they will soon be confirmed by the whole Senate so that the Ex-Im Bank can fulfill its important responsibilities to support American manufacturers in selling their products around the world.” 

The Ex-Im Bank has not had a board quorum since 2015, after Senate Republicans blocked two bipartisan nominees to the Ex-Im Board that were put forward by President Barack Obama. Without a full quorum, Ex-Im can only authorize loans under $10 million, which make up only around 15 percent of the Bank’s total business. 

Since 2013, the U.S. Export-Import Bank has helped finance more than $1 billion in exports from nearly 80 Virginia companies, more than half of them small businesses. Sen. Warner has been a longtime supporter of Ex-Im, introducing legislation to reauthorize its operations and increase its spending authority following a historic lapse in Congressional approval in July 2015. Since the Bank’s reauthorization, he has called for the confirmation of qualified nominees to lead a fully functional Ex-Im.  

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WASHINGTON, D.C. – U.S. Senators Mark Warner and Tim Kaine released the following statement after the Virginia Department of Medical Assistance Services (DMAS) announced they will begin to notify families tomorrow who have one or more family members enrolled in the Children’s Health Insurance Program (CHIP) that they will lose coverage on January 31^st if Congress does not pass a bipartisan CHIP reauthorization bill: 

“Today is a scary day for a lot of families in Virginia, and it was completely preventable. We asked Senator McConnell multiple times to help us support the 66,000 children and 1,100 pregnant women in Virginia who receive their health care through the CHIP program, but Republican leadership still hasn't brought it forward for a vote. There is a bipartisan bill on the table, and it’s critical that we pass it before Congress leaves for the holidays so we can give some peace of mind to Virginia parents who are worried about whether their children will have health insurance in the new year.”

Warner and Kaine have urged Senate Majority Leader Mitch McConnell to immediately pass bipartisan legislation to reauthorize CHIP, with letters in October and December. 

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WASHINGTON, D.C. – Today, bipartisan members of the Virginia delegation led by U.S. Senators Tim Kaine and Mark Warner and Congressman Tom Garrett (VA-5) sent a letter to Health and Human Services (HHS) Acting Secretary Eric Hargan asking him to extend the open enrollment period for consumers buying health insurance through the Affordable Care Act individual market in light of premium increases in Charlottesville and across Virginia. Earlier this year, the Trump Administration announced that the open enrollment period would be cut in half. Last week, Kaine, Warner and Garrett met with families from Charlottesville facing large premiums increases who expressed support for an extended open enrollment period. Last month, a Kaiser Family Foundation review found that Albermarle County will have the largest increase in premiums in the country.

“We write to ask that you extend the open enrollment period for consumers seeking health insurance through the individual Marketplaces until January 31, 2018. This extension will allow consumers to take into account the effects of any possible market stabilization legislation on their premiums before making any coverage decisions for themselves and their families,” the letter said.

The delegation highlighted other factors causing instability in the marketplace that have added to the premium increases and pain felt by Virginia families. A longer open enrollment period would give Congress the necessary time to pass bipartisan market stabilization measures. These proposals could help reduce the cost of insurance by impacting the medical loss ratio calculation from insurers at the end of the year or including provisions for potential rebates. These bills, however, would not change base premium rates.

“There are multiple bipartisan legislative proposals meant to address these issues, along with several that have yet to be introduced. The shortened open enrollment period means it is unlikely these proposals will be taken into consideration before enrollment closes on December 15^th.  Families deserve to know how much these programs will affect their premiums before they decide which insurance policy to purchase. Lowered premiums through rebates could encourage more individuals to purchase insurance or select a more comprehensive plan,” the letter continued.

Warner and Kaine also mentioned that a shortened open enrollment period limits the amount of information many individuals set to be automatically reenrolled in their current plans have. 

The delegation concluded, “An extended enrollment period will allow these families to take these factors into consideration as they make decisions on which coverage to select for themselves and their families.”

Virginia Delegation members signing the letter also include U.S. Reps. Bobby Scott (VA-3), A. Donald McEachin (VA-4), Don Beyer (VA-8), Barbara Comstock (VA-10), and Gerald E. Connolly (VA-11).

The full text of the letter appears below.

Dear Acting Secretary Hargan:

We write to ask that you extend the open enrollment period for consumers seeking health insurance through the individual Marketplaces until January 31, 2018. This extension will allow consumers to take into account the effects of any possible market stabilization legislation on their premiums before making any coverage decisions for themselves and their families. 

Earlier this year your department announced that the open enrollment period would be from November 1st to December 15th. This window is significantly shorter than those in the past and comes at a time when many consumers across the country face substantial premium increases and a reduced number of choices for coverage. There is unprecedented volatility in the market stemming in part to substantial changes involving the Cost Sharing Reduction (CSR) payments to insurers and now a possible repeal of the individual mandate. 

Dramatic premium increases are causing overwhelming financial distress for our constituents. According to an analysis by the Kaiser Family Foundation, residents of Charlottesville and Albemarle County, Virginia are facing the largest premium increases in the country. Families who depend on the Affordable Care Act for their coverage will, in some cases, have their premiums triple next year.

Health insurance plans that were affordable just last year are now out of reach for those middle income families who are unable to rely on subsidies.

There are multiple bipartisan legislative proposals meant to address these issues, along with several that have yet to be introduced. The shortened open enrollment period means it is unlikely these proposals will be taken into consideration before enrollment closes on December 15th.  Families deserve to know how much these programs will affect their premiums before they decide which insurance policy to purchase. Lowered premiums through rebates could encourage more individuals to purchase insurance or select a more comprehensive plan.

The shortened enrollment period precludes many individuals currently set to be automatically reenrolled in their current plans on December 16th from making informed decisions in a changing marketplace. Given the ongoing volatility in the market, many of these individuals could be eligible for more comprehensive plans at the same or lower prices. An extended enrollment period will allow these families to take these factors into consideration as they make decisions on which coverage to select for themselves and their families.     

Thank you for your prompt attention to this matter.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the below statement on Senator Al Franken's announcement of his resignation:

“The allegations against Sen. Franken were disturbing, and he made the correct decision today. We still have a lot of work to do to address the problem of sexual harassment and misconduct in the workplace.”

WASHINGTON — U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined 44 Senators in a letter urging President Trump to follow the law and swiftly nominate a permanent director of the Consumer Financial Protection Bureau (CFPB) who will put working families ahead of Wall Street.

In their letter, the senators cited the CFPB’s much-needed “aggressive enforcement and supervision,” which has resulted in $12 billion in relief to 29 million American consumers who were cheated by financial companies.

The senators also expressed serious concerns with the White House installing Budget Director Mick Mulvaney as part-time acting director on November 24^th. Mulvaney has a clear record opposing the CFPB, calling it a “sick joke,” and has sought to abolish it.

In his first act as part-time acting director, Mulvaney moved to freeze the payments to working Americans who’ve been cheated.

“Assigning leadership of the CFPB to someone who already has a full-time job reporting to the White House and who does not believe in the CFPB’s mission jeopardizes the agency’s independence and effectiveness,” the senators wrote.  “We urge you to nominate a CFPB Director who will bring to the job both bipartisan support and a track record of being tough on Wall Street. Following the Dodd-Frank succession provision and nominating a Director who will fight for consumers allows the CFPB to continue its work without political interference.”

The full text of the letter is below and available here.

The Honorable Donald J. Trump

President

The White House

1600 Pennsylvania Avenue NW

Washington, D.C. 20500

Dear President Trump,

After the 2008 financial crisis wiped out trillions of dollars of wealth and the jobs of millions of Americans, Congress passed important financial reforms and created the Consumer Financial Protection Bureau (CFPB), an independent watchdog to protect people from financial scams.[1]

Through aggressive enforcement and supervision, CFPB actions have resulted in $12 billion in relief for more than 29 million American consumers who were cheated by financial companies.[2] The CFPB has taken almost 200 enforcement actions: against mortgage schemes that rip off struggling borrowers, against predatory financial firms that set up shop next to military bases to target servicemembers, against scam for-profit schools that take advantage of veterans’ benefits, and against companies that train their employees to trap consumers in debt.[3]

These are the enforcement results that the National Fraternal Order of Police and a bipartisan group of state attorneys general expected when they endorsed Rich Cordray’s nomination and said he would be “an effective partner in combating fraud and other illegal schemes[.]”[4]

His nomination passed the Senate with 66 votes, including 12 Republicans.[5]

In a 2016 campaign speech, you said “…[T]his election is a choice between taking our government back from the special interests, or surrendering our last scrap of independence to their total and complete control.”[6] Polling shows that the vast majority of Americans agree that the CFPB has been doing great work holding special interests accountable. 74% of Americans -- Republicans and Democrats -- approve of the CFPB’s mission and 55% of Republicans who voted for you believe that the CFPB should be left alone to do its work or even be given expanded authority to do more.[7]

Assigning leadership of the CFPB to someone who already has a full-time job reporting to the White House and who does not believe in the CFPB’s mission jeopardizes the agency’s independence and effectiveness. We urge you to nominate a CFPB Director who will bring to the job both bipartisan support and a track record of being tough on big banks and other financial firms that rip off consumers. Following the Dodd-Frank succession provision and nominating a Director who will fight for consumers allows the CFPB to continue its work without political interference.

Please stand up for American military service members and veterans, students, seniors and workers.

Sincerely, 

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