Press Releases

WASHINGTON – Today, with one day remaining until the government funding deadline, U.S. Sens. Mark R. Warner and Tim Kaine issued the following statement on the need to fund the government and the consequences for Virginia’s small businesses:

“Small businesses are the backbone of our communities and economy, and many of these businesses rely on support from the Small Business Administration to operate. Every day the government is shut down, critical access to capital provided by the Small Business Administration will be delayed, forcing Virginia small businesses who rely on this funding to make tough decisions about how they’re going to continue to stay open. The only reason we’re in this position is because of a small but loud group of members in the House who are refusing to fund the government if they don’t get everything they want. We remain committed to working in a bipartisan way to fund the government as quickly as possible.”

A government shutdown prevents the Small Business Administration (SBA) from approving new small business loans or modifying existing loans through the 7(a) and 504 programs. It is estimated that an average of $2,122,200 in financing for Virginia small businesses will be delayed every day the government is shut down. So far this year, the SBA has approved 955 loans with a total value of over $488 million to Virginia businesses through the 7(a) program.

A recent Goldman Sachs 10,000 Small Business Voices Survey found that 91% of small business owners say it’s important for the federal government to avert a shutdown. 70% of small business owners said their business would be negatively impacted. Among that 70%, 93% believe their revenue would take a hit if the government shuts down, and 67% believe their customer demand would go down due to economic uncertainty and instability.

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WASHINGTON – Today, with one day left to pass a government funding bill before a potential shutdown, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined their colleagues to introduce legislation that would secure back pay for the thousands of federal contract workers who face furlough or reduced work hours during a potential shutdown. Unlike federal government employees, federal contract employees—many of whom serve in modestly paid jobs like custodians and cafeteria workers—have no assurances that they will receive back pay to make up for the wages they miss during a shutdown. In addition to Sens. Warner and Kaine, the legislation is also sponsored in the Senate by Sens. Tina Smith (D-MN), Sherrod Brown (D-OH), Ben Cardin (D-MD), and Chris Van Hollen (D-MD).

“It’s a shame that a few members in the House of Representatives are refusing to do their jobs, and it’s disgraceful that this stands to impact the many federal contractors that keep our government facilities running,” said Sen. Warner. “Without the guarantee of a paycheck, the thousands of dedicated federal contractors who show up every day may be forced to pick between keeping a roof over their heads or putting food on the table. I am glad to introduce this legislation to ensure that when Congress struggles to act, our federal workers contractors do not suffer long-term consequences.”

“Our federal contractors make critical contributions to the federal government’s delivery of services that Virginians, Americans across the country, and our national security depend on,” said Sen. Kaine. “In 2019, I was glad to successfully negotiate the passage of legislation to secure back pay for federal workers during shutdowns, and will keep working until Congress

The Fair Pay for Federal Contractors Act seeks to ensure federal contract workers, including low-wage food service, janitorial and security service workers, are fairly compensated for the wages and benefits lost due to a lapse in appropriations. Specifically, the legislation would:

 

  • Provide contract workers, including low-wage service workers, with back pay and restored paid leave benefits, if used, after a government shutdown;
  • Cover costs associated with back pay for workers in an amount equal to their weekly compensation up to $1,442, which is 250% of the federal poverty level for a family of four; and
  • Require the Office of Federal Procurement Policy submit a report on federal contractors accessing back pay.

Sens. Warner and Kaine have been outspoken about the devastating impacts of a government shutdown. In 2019, during the longest government shutdown in U.S. history, Sens. Warner and Kaine took a series of actions to protect affected workers, including guaranteeing back pay for federal employees, urging back pay for contractors, introducing budget amendments to protect federal workers, and urging OPM to prevent the termination of dental and vision insurance for federal employees.

A copy of the bill text can be found here.

"IAM members are grateful for the unwavering dedication of Reps. Pressley, Holmes Norton and Norcross in the House, and Sen. Tina Smith in the Senate, for championing the Fair Pay for Federal Contractors Act,” said IAM International President Robert Martinez Jr. “Their leadership shines a beacon of hope for tens of thousands of IAM federal contract members, and countless more federal contract workers across the country, who tirelessly serve our nation alongside federal employees. This vital legislation, ensuring back pay compensation after government shutdowns, acknowledges the profound impact these men and women make to allow our nation to function. Beyond mere statistics, this legislation safeguards the livelihoods of hardworking families, preventing the painful ripple effects of missed payments and financial hardships. Let’s all stand united in support of our federal contract workers and their families."

“A government shutdown hurts every family regardless of race, occupation and zip code. However, it is beyond time for every member of Congress to acknowledge how devastating a government shutdown is for the hundreds of thousands of men and women who work hard to keep our government operating in both good and bad times as federally contracted workers.  Security officers, janitors and other workers employed by federal contractors contribute so much to our country by administering vital programs, taking care of our nation’s parks, and keeping our office buildings safe. Yet, they risk permanently losing the income they need to pay rent, buy groceries or keep the lights on," said SEIU International President Mary Kay Henry. "That’s why passing the Fair Pay for Federal Contractors Act of 2023 is so critical when our nation is on the verge of a government shutdown. Providing federally contracted workers with back pay would help ensure they have an opportunity for true recovery.”

“Contracted janitors and security officers, unlike direct federal employees, have never been able to count on back pay following a government shutdown,” said Manny Pastreich, President of 32BJ Service Employees International Union (SEIU). “They live paycheck-to-paycheck and cannot afford to pay the price of a government shutdown that they did nothing to cause. Denying them pay during a shutdown would be catastrophic, even life-threatening for the sole providers who struggle to feed and pay rent for parents, children and dependents, especially those relying on them to pay for treating debilitating medical conditions. Congress must practice basic governance by passing Representative Pressley’s legislation to ensure leaders meet their moral and financial obligation to these hard-working men and women. Before reckless Republicans drive our nation off a cliff to realize their fever dreams, we must not let one more day go by without righting this wrong. Most Americans could not survive without income – why are contracted workers expected to?”

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CLICK HERE TO DOWNLOAD BROADCAST-QUALITY VIDEO OF WARNER ON A POTENTIAL SHUTDOWN 

WASHINGTON — Today, with two days until the government funding deadline, U.S. Sen. Mark R. Warner (D-VA) continued to raise the alarm about the devastating impacts of a shutdown on Virginia. Government funding must be reauthorized before the end of the fiscal year on Sept. 30, but the House of Representatives seems unlikely to pass a full workable spending bill to keep the government running, despite widespread bipartisan momentum in the Senate.

“Government shutdowns aren’t just political noise,” said Sen. Warner. “There’s no state in the country that gets hit harder than Virginia. If we start a shutdown this weekend, you’ll see our federal workers and our members of the armed services forced to work without pay… for the many families that live paycheck to paycheck, how are they going to pay their mortgage? How are they going to make their car payment?”

Over the past several weeks, Sen. Warner has repeatedly called attention to the many negative impacts of a government shutdown. In Virginia, 127,124 women and children are at risk of not receiving vital nutrition assistance. Active-duty servicemembers nationwide – including 129,400 in Virginia – will be forced to continue working without pay. Additionally, 170,000 civilian federal workers could be furloughed. At Virginia airports, 1,913 TSA agents and 633 air traffic controllers would also be required to work without pay.

“Beyond federal workers, you could see slowdowns at our airports as air traffic controllers are impacted,” continued Sen. Warner. “You could see further slowdowns on passport renewals. You could see our National Parks shutter. You could see the valuable research that’s done at the NIH come to a grinding halt. So my hope – and what I commit to do – is everything possible to keep the government functioning.”

On Tuesday night, Sen. Warner voted to move forward on a continuing resolution (CR) that would keep the government open through November 17 at existing spending levels while also authorizing funding for disaster relief and Ukraine. In the days ahead, the Senate will vote on final passage of the CR, but in order to keep the government open, the House would also have to approve this measure.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), joined by Sens. Roger Wicker (R-MS), Chris Van Hollen (D-MD), Cindy Hyde-Smith (R-MS), Gary Peters (D-MI), and Jerry Moran (R-KS), reintroduced bipartisan legislation to promote lasting economic prosperity in low-income, minority, and rural communities. The Community Development Investment Tax Credit would help unlock more equity and long-term financial capital for community development financial institutions (CDFIs). CDFIs often serve as a backbone for underserved communities including small and disadvantaged businesses, which tend to have fewer banking relationships and less access to credit.

“As someone who worked in the business world long before I ever joined politics, I know well that talent and ambition are not confined by income bracket or zip code. Unfortunately, access to start-up capital often is. CDFIs do the invaluable work of bridging the gap and reaching small businesses in our most vulnerable communities, and we have seen historic investments on this front over the past few years,” said Sen. Warner. “Despite this progress, CDFIs remain in need of additional equity and capital to continue serving their communities. This legislation will create a new tax credit, helping spur important private-sector investments and allowing these community lenders to grow.”

“Our country was built by small business, but many in low-income areas have trouble accessing the financing they need to launch and grow their businesses,” said Sen. Wicker. “CDFI investments play a pivotal role in bridging these gaps. The proposed tax credit in this legislation would help address the challenges faced by small business owners and provide an alternative to predatory loans.”

This bill will help direct support to lenders that focus on underserved communities by creating a CDFI Tax Credit for private sector investors that make equity, equity-equivalent investments, or long-term patient capital available to CDFIs. The bill would benefit CDFIs of all types including banks, credit unions, venture capital CDFIs, and loan funds, while providing institutions with the maximum flexibility and financial support they need to increase wealth in low- and moderate-income communities.

Sen. Warner has been a leader in Congress for CDFIs and Minority Depository Institutions (MDIs). To combat hemorrhaging jobs and loss of economic opportunities during the COVID-19 pandemic, Sen. Warner teamed up with then-Sen. Kamala Harris (D-CA), Sen. Cory Booker (D-NJ), and a bipartisan group of colleagues to introduce the Jobs and Neighborhood Investment Act – an effort that secured endorsements from a host of other advocacy organizations and civil rights groups. In 2022, Sen. Warner, joined by Sen. Mike Crapo (R-ID), launched the Senate Community Development Finance Caucus (CDFC), a bipartisan caucus dedicated to supporting the missions of CDFIs and MDIs by scaling their ability to lend in underserved communities.

Bill text is available here.

“We thank Senator Warner, Senator Wicker and the other bipartisan co-sponsors of the CDFI Tax Bill, which we strongly support,” said Rob Nichols, President and CEO, American Bankers Association. “ABA is proud to represent a number of CDFIs across the country and this legislation would expand investment in these critically important financial institutions, allowing them to have an even bigger impact in the communities they serve.”

“OFN applauds Senator Warner’s and Senator Wicker’s ?continued leadership in supporting community development financial institutions (CDFIs). The Community Development Investment Tax Credit Act will help drive more private capital to CDFIs offering affordable, responsible financing to low-wealth urban, rural, and Native communities across the country. We look forward to continuing to work with Senators Warner and Wicker to expand the tools available to CDFIs to finance economic justice and opportunity across the country,” said Harold Pettigrew, President and CEO, Opportunity Finance Network.

“The Community Development Investment Tax Credit Act of 2023 will spur significant private investment in Community Development Financial Institutions (CDFIs), increasing the availability of critically-needed long-term capital that will expand CDFIs’ capacity to develop and deploy affordable, responsible loans designed to meet the needs of the communities they serve. This expanded private investment will help CDFI intermediaries, like Inclusiv, support the growth of high-impact CDFI credit unions, allowing them to expand their lending to advance affordable homeownership, grow micro and small businesses, ensure low- and moderate-income homeowners can access energy efficiency and climate resilience home improvements, and more. We are grateful for Senator Warner’s deep commitment to the CDFI movement’s growth and impact,” said Cathie Mahon, President and EO, Inclusiv.

“The CDFI Investment Tax Credit is a smart and strategic tool. The credit uses a very small amount of public resources to leverage a multiple of private dollars and generate enormous community impact,” said Jeannine Jacokes, CEO, Community Development Bankers Association.

“The Independent Community Bankers of America appreciates Senator Warner’s leadership of the CDFI Caucus, and his work with Sen. Wicker on the CDFI Tax Credit Act, which will help spur equity investment in CDFIs, facilitate de-novo formation, and extend credit to underserved communities,” said Rebeca Romero Rainey, President and CEO, Independent Community Bankers of America.

“The Local Initiatives Support Corporation (LISC) applauds Senators Warner and Wicker for introducing the Community Development Investment Tax Credit Act of 2023.  Community Development Financial Institutions (CDFIs) have time and time again proven their ability to leverage public and private capital to support investments in some of the most underserved communities in the country.  This tax credit, by incentivizing long term investments in CDFIs, will allow CDFIs to in turn provide longer term, lower cost loans to finance affordable housing, small businesses, homeownership and essential community facilities in their neighborhoods,” said Matt Josephs, Senior Vice President for Policy, Local Initiatives Support Corporation.

“The CDFI Tax Credit will provide a powerful tool for community development venture capital funds to raise private investment capital to help us reach scale, bringing good jobs and business development to low-income communities across that nation,” said Kerwin Tesdell, President, Community Development Venture Capital Alliance. “The legislation also includes important fixes to the definition of CDFI that will correct technical issues that have long caused community development venture capital funds to be underrepresented among certified CDFIs.”

“The CDFI Coalition is pleased to add its voice in strong support for the legislation sponsored by Sens. Warner and Wicker to establish a tax credit for Community Development Financial Institutions (CDFIs). CDFIs provide financial products and services in urban neighborhoods and rural areas underserved by traditional financial institutions, particularly those communities with high rates of poverty and unemployment. Throughout the last economic downturn, CDFIs served as economic shock absorbers, providing flexible and patient capital, rigorous risk management, and commitment to the projects in their communities and the sustainability of their borrowers. While traditional lenders fled economically distressed communities, CDFIs stepped in to fill the void. Since the advent of the economic crisis prompted by the pandemic, CDFIs have been on the frontlines of providing financial and technical assistance to small and minority-owned businesses. CDFIs fill a vital niche in the nation's financial services delivery system by serving communities and market sectors that conventional lenders cannot - with the ultimate goal of bringing CDFI customers into the mainstream economy as bank customers, homeowners and/or entrepreneurs. The proposed CDFI Tax Credit will provide a new avenue for CDFIs to raise capital that will be deployed to finance small businesses, construct affordable housing, and support community facilities in disadvantaged communities across the country. CDFIs leverage over $12 in private capital to every $1 in federal support, so the resources authorized by the tax credit will extend far beyond the amount authorized and help CDFIs to fill the widening credit gap encountered by economically disadvantaged communities across the country,” said Ceyl Prinster, President and CEO, Colorado Enterprise Fund and Chair of the CDFI Coalition.

“Senators Warner and Wicker's innovative proposal to drive more resources into our communities is forward-thinking and much needed. CDFIs, whose missions are to create economic opportunity for all, have an unmatched ability to leverage private capital sources, like equity and patient debt, into community-centered initiatives. Unfortunately, the community need is outpacing the resources available to CDFIs therefore it is important to develop new ways to attract and sustain investment into our financial institutions. Additional investment options like the CDFI Tax Credit will be a game-changer for our industry across the country. The VA CDFI Coalition is excited by the possibilities these investments could create across Virginia and hope to see this pass,” said Leah Fremouw, Board President, VA CDFI Coalition. 

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WASHINGTON – Today, with two days remaining until the government funding deadline and the expiration of the Federal Aviation Administration’s (FAA) current authorization, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued the following statement on the need to fund the government and prevent an especially catastrophic shutdown for air travel. Without action, more than 13,000 air traffic controllers and 50,000 Transportation Security Officers, along with thousands of other FAA and Transportation Security Administration (TSA) personnel would be forced to work without pay, and important trainings and technology upgrades would stop:

Every government shutdown is ill-timed, but a shutdown on the same day the FAA’s reauthorization lapses would be especially catastrophic for air travel. In Virginia alone, a shutdown would mean thousands of TSA officers and air traffic controllers will be forced to work without pay. We’ve seen in previous shutdowns the havoc that this can wreak for travelers, including long flight delays and extreme wait times at airports. An FAA reauthorization lapse would halt technology upgrades and the training of new air traffic controllers. This is a safety issue that is entirely preventable. It’s time for Congress to do its job and fund the government and continue other important work, including reauthorizing the FAA.”   

Virginia is home to 1,913 TSA agents and 633 air traffic controllers who would be required to continue their critical work without pay until a funding deal is reached.

If the FAA’s authorization expires, the agency could miss out on $50 million a day in tax revenue to facilitate smooth and safe air travel experiences.  Air traffic controller hiring and training process would also be disrupted, further slowing air traffic, even after a spending deal is reached. The FAA is typically reauthorized every five years.

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WASHINGTON – Today, with three days remaining until the government funding deadline, U.S. Sens. Mark R. Warner and Tim Kaine issued the following statement on the need to fund the government and protect nearly seven million women and children, including 127,124 in Virginia, who rely on the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC):

“A government shutdown not only impacts those near Washington, D.C. It has real, tangible consequences for millions of people across Virginia and America and would be devastating for our economy. Those in Congress who are suggesting otherwise are wrong. In Virginia, 127,124 women and children are at risk of not receiving vital nutrition assistance during a government shutdown. We can and should prevent this from happening by passing a bipartisan bill to fund the government as soon as possible.”

WIC provides federal grants to safeguard the health of low-income women, infants, and children up to age 5 who are at nutrition risk by providing nutritious foods to supplement diets, information on healthy eating, and referrals to health care. States that receive federal grants on a monthly basis for programs like WIC, Head Start, and Temporary Assistance for Needy Families (TANF) are at risk of not being awarded funding if the government shutdown lasts through the first of the next month.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $700,000 in federal funding for the Hurley Waterline Extension Project. The funding, courtesy of the Appalachian Regional Commission, will be awarded to the Buchanan County Board of Supervisors for the Hurley Waterline Extension Project, improving water access to 97 households in the area.

“For too long members of the Hurley community have relied on private wells, hauling their own water, or purchasing bottled water to meet their household needs,” said the senators. “The completion of this project will finally bring reliable, safe water to Hurley families.”

This funding will mark the completion of a twelve-phase project initiated in 2008 to provide safe, clean water to approximately 1,450 households in the Hurley community. In addition to ARC funds, other federal sources will provide $3,877,220, state sources will provide $1,829,973, and local services will provide $163,165, bringing the total project funding to $6,570,358.

Sens. Warner and Kaine have long supported efforts to improve clean water access across the Commonwealth. Last week, the senators announced over $4 million in federal funding as part of the bipartisan infrastructure law to support local initiatives to protect water quality and public health for Virginia residents.

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WASHINGTON – Today, with four days remaining until the government funding deadline, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued the following statement on the need to fund the government and prevent 1.3 million servicemembers nationwide from being forced to work without pay:

“In just four days, the U.S. government will run out of funding, triggering an entirely preventable government shutdown that will have disastrous consequences on large swaths of Americans, including federal workers, seniors, veterans, and Americans who rely on timely government services. For servicemembers, who already sacrifice so much in service to our country, this shutdown will be particularly devastating. In Virginia alone, 129,400 active-duty servicemembers will be forced to continue working without pay – a phenomenon that will undermine our national security and threaten the wellbeing of military families. Servicemembers should never be put in this situation. We urge our colleagues in the House of Representatives to put our military and our country before politics. Congress must do its job and fund the government.” 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, wrote to Office of Management and Budget (OMB) Director Shalanda Young, calling on OMB to fulfill requirements outlined in his Internet of Things Cybersecurity Improvement Act of 2020. Under the law, OMB was directed to complete a review of agency policies pertaining to IoT devices to ensure they are consistent with the National Institute of Standards and Technology (NIST) cybersecurity guidelines. Almost three years later, OMB has yet to complete this review.

“I acknowledge that the law has far-reaching impacts across the federal government, which may require extensive interagency coordination, but I believe that IoT cybersecurity is of critical importance to our national security,” Sen. Warner wrote. “I am disappointed to see that OMB has not yet fulfilled its obligation to ensure that IoT devices procured by the Federal government meet the NIST guidance.”

Sen. Warner recognized the progress made by the agency to issue guidance, but voiced frustration over the lack of urgency to review agency policies.

He continued, “We were happy to see some forward progress – namely, the inclusion of information on the IoT Cybersecurity waiver process in OMB’s December, 2022 FISMA guidance – and we know that you intend to include additional guidelines in the upcoming Fall 2023 FISMA guidance. However, I am concerned by the pace that OMB has taken to meet its statutory obligations under federal law.”

In order to ensure that OMB is taking appropriate steps to fulfill its obligations outlined in the Internet of Things Cybersecurity Improvement Act of 2020, Sen. Warner posed a series of questions to Director Young:

  • Where is OMB in the review of agency information security policies and principles to ensure that they align with NIST guidelines?
  • What policies and principles has OMB issued to date to:
    • ensure agency policies and principles are consistent with the NIST standards and guidelines?
    • address security vulnerabilities of information systems?
  • Which agencies have aligned policies with NIST guidelines, and which have yet to do so?
  • Is OMB tracking the volume of waivers that agencies are granting? Can you provide my office with a summary of these numbers?

Sen. Warner, a former technology entrepreneur, is co-Chair of Senate Cybersecurity Caucus and is a leader in the Senate on security issues related to the Internet of Things.

Text of the letter can be found here and below.

Dear Director Young,

I write today to express my concern and emphasize my support for the implementation of the Internet of Things Cybersecurity Improvement Act of 2020 (Public Law No: 116-207). This Act, signed into law on December 4, 2020, requires the National Institute of Standards and Technology (NIST) and the Office of Management and Budget (OMB) to take steps to increase the cybersecurity of Internet of Things (IoT) devices acquired by the Federal Government. NIST completed its statutory obligation – publishing IoT Device Cybersecurity Guidance for the Federal Government: Establishing IoT Device Cybersecurity Requirements – on November 29, 2021. However, OMB has yet to uphold its own statutory obligation under the law – to review agency policies and principles pertaining to IoT devices to ensure those policies and principles are consistent with the NIST guidelines. Under the law, OMB was supposed to complete the agency review within 180 days of NIST’s publication but has yet to make significant progress on a key piece of implementation.

I acknowledge that the law has far-reaching impacts across the Federal government, which may require extensive interagency coordination, but I believe that IoT cybersecurity is of critical importance to our national security. The security of the Federal government’s IoT devices is a priority the Administration and I share, as outlined by Executive Order 14028, Improving the Nation’s Cybersecurity (EO 14028). Despite the requirements under this law and the aforementioned EO, I am disappointed to see that OMB has not yet fulfilled its obligation to ensure that IoT devices procured by the Federal government meet the NIST guidance.

Throughout 2022 and 2023, my office has been engaged with you in order to better understand where OMB stands in their implementation of this law. We were happy to see some forward progress – namely, the inclusion of information on the IoT Cybersecurity waiver process in OMB’s December, 2022 FISMA guidance – and we know that you intend to include additional guidelines in the upcoming Fall 2023 FISMA guidance. However, I am concerned by the pace that OMB has taken to meet its statutory obligations under federal law.  

We intended the IoT Cybersecurity Improvement Act to harness the purchasing power of the federal government and incentivize companies to finally secure the devices they create and sell. I would like to emphasize the importance of OMB’s implementation of the IoT Cybersecurity Improvement Act of 2020 and ask that you provide responses to the following questions within 60 days:

  1. Where is OMB in the review of agency information security policies and principles to ensure that they align with NIST guidelines?
  2. What policies and principles has OMB issued to date to:
    1. ensure agency policies and principles are consistent with the NIST standards and guidelines?
    2. address security vulnerabilities of information systems?
  3. Which agencies have aligned policies with NIST guidelines, and which have yet to do so?
  4. Is OMB tracking the volume of waivers that agencies are granting? Can you provide my office with a summary of these numbers?

I applaud OMB’s continued efforts to improve Federal government cybersecurity, and look forward to continued engagement as you make progress with implementation of the IoT Cybersecurity Improvement Act of 2020.

Sincerely,

 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $100,000,000 in federal funding to the Virginia Passenger Rail Authority to design and build the Franconia-Springfield Bypass, a critical bridge that will alleviate congestion on one of busiest railways in Virginia. Once completed, the project will allow Amtrak and Virginia Railway Express trains to seamlessly cross over two freight rail tracks, preventing delays and expanding capacity for additional service. 

“Passenger rail is a vital connector for so many Virginians—carrying people to their work, their families, and their travel plans,” said the senators. “We’re thrilled to see this funding make rail safer and more efficient for Virginians by addressing a critical chokepoint in a vital location, alleviating congestion for hundreds of Virginians every single day.”

The funding is awarded through the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program, and made possible by the bipartisan infrastructure law and the FY2022 government spending bill, both strongly supported by Sens. Warner and Kaine.

Sens. Warner and Kaine have long supported efforts to improve long and short distance rail options across Virginia. Last year, they announced a historic $58 million investment in the Raleigh to Richmond (R2R) rail corridor. For two decades, the lawmakers worked to secure the support and funding necessary to extend the Silver Line to Dulles International Airport, after Kaine helped broker the deal between Metropolitan Washington Airports Authority (MWAA), WMATA, the Commonwealth, and local governments to construct the Silver Line while he was governor. Sens. Warner and Kaine have also been vocal advocates for the completion of the Long Bridge project, which seeks to address a chokepoint across the Potomac River. They worked to pass the Long Bridge Act, which authorized critical land transfers that allowed construction of the project to move forward. Passed in November 2021, the bipartisan infrastructure law represented the largest federal investment in passenger rail since the creation of Amtrak, and nearly tripled funding for the CRISI Program.  

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $4,352,000 in federal funding for the Virginia Department of Environmental Quality’s Virginia Clean Water Revolving Loan Fund (VCWRLF). The VCWRLF offers low-interest loans to local governments in order to support efforts to address emerging contaminants that pollute Virginia’s clean water supply.  This federal funding will help manage the VCWRLF in order to better support local initiatives to protect water quality and public health for Virginia residents.

“Clean, safe water is essential for the health and safety of every Virginian,” said the senators. “We’re glad this federal funding will help promote efforts to improve and protect water quality and public health.”

The funding is awarded by the U.S. Environmental Protection Agency’s Capitalization Grants for Clean Water State Revolving Fund and is available through the bipartisan infrastructure law.

Sens. Warner and Kaine have long supported efforts to improve clean water access across the Commonwealth. Last year, the senators announced over $46 million in federal funding as part of the bipartisan infrastructure law to replace lead water lines and ensure safe drinking water throughout Virginia.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Intelligence Committee, released a statement following Ukrainian President Volodymyr Zelenskyy’s private meeting with senators:

“There has never been a more important time for the United States to stand with our allies in support of Ukraine, and President Zelenskyy’s meeting with senators today bolstered the bipartisan momentum to continue our efforts. We’ve spent years rebuilding NATO after the former president launched it into chaos – we absolutely cannot undo that work and weaken this critical alliance by reneging on our commitments now. President Xi and autocrats around the world are watching.

“Russian military capabilities have been decimated for years to come by its ill-considered and illegal invasion of Ukraine.  Walking away now would undermine the progress in securing Ukrainian independence, undercut NATO, and embolden authoritarian regimes around the world.” 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine, a member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, joined Senators Tammy Baldwin (D-WI), Bernie Sanders (I-VT) and Ron Wyden (D-OR) in calling on the Biden Administration to swiftly enact and continue to strengthen a proposed rule to limit the availability of short-term limited duration insurance (STLDI) plans, which are commonly referred to as “junk plans.” Junk plans provide inadequate coverage and deny coverage to people with pre-existing conditions.

In July, following pressure from Sens. Warner, Kaine, and their colleagues, the Biden Administration released new draft regulations to roll back a 2018 Trump Administration effort that made junk plans more widely available to consumers. Since 2018, these plans have continued to proliferate. However, they are not required to adhere to important standards, including protections for people with pre-existing conditions and coverage for essential health benefits like maternity care or mental health services. Once finalized, the Biden Administration’s rule will restore a 90-day limit on the use of junk plans, instead of the current four-year maximum, so they can only be used on a temporary basis as intended, such as when people are transitioning from one plan to another.

In a letter to Department of Health and Human Services Secretary Xavier Becerra, Department of Labor Acting Secretary Julie Su, and Department of Treasury Secretary Janet Yellen, the senators urged the Biden Administration to swiftly enact the proposed rule, continue to strengthen protections, and increase transparency on junk plans to protect Americans from this inadequate coverage. 

“We applaud your efforts to protect Americans who may have been duped into these junk plans, and urge the Biden Administration to swiftly finalize the rule and bolster our collective efforts to expand access to affordable, comprehensive health coverage,” wrote the senators. “With this new proposal, the Biden Administration is taking action to better protect consumers and promote access to affordable, comprehensive health insurance.”

In addition to expressing support for the Biden Administration’s proposed rule, the senators urged administration leaders to take further measures to protect consumers as they finalize the new rule on STLDI plans, including cracking down on the practice of “stacking,” or repeatedly enrolling the same consumer in junk plans across different issuers. The senators also called on the Biden Administration to bring greater transparency to junk plans through disclosure and reporting requirements and to consider additional protections for individuals shopping for coverage during the annual Open Enrollment period, which is set to begin November 1.

“For too long, junk plans were able to proliferate unchecked, resulting in increased exposure to financial harm for consumers. By finally limiting the duration of these plans and providing better protections for consumers, we are helping ensure that when families spend their hard-earned dollars on health insurance, they get the high-quality coverage they deserve,” concluded the senators.

Joining Sens. Warner, Kaine, Baldwin, Sanders, and Wyden in signing the letter were Senators Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Bob Casey (D-PA), Catherine Cortez Masto (D-NM), Dianne Feinstein (D-CA), Maggie Hassan (D-NH), John Hickenlooper (D-CO), Ben Ray Luján (D-NM), Ed Markey (D-MA), Robert Menendez (D-NJ), Christopher Murphy (D-CT), Alex Padilla (D-CA), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), and Peter Welch (D-VT).

A full version of the letter is available here and below.

Dear Secretaries Becerra, Su, and Yellen:

We write in support of the Department of Health and Human Services (HHS), the Department of Labor, and the Department of the Treasury’s (collectively, the Departments’) long-awaited proposal to address short-term limited duration insurance (STLDI) plans. In 2018, the previous administration sought to sabotage the Affordable Care Act (ACA) by expanding access to STLDI plans that can deny coverage to people with preexisting conditions and fail to provide adequate health care coverage when Americans need it most. While STLDI plans have their purpose, such plans provide junk coverage when compared to high-quality, comprehensive coverage. We applaud your efforts to protect Americans who may have been duped into these junk plans, and urge the Biden Administration to swiftly finalize the rule and bolster our collective efforts to expand access to affordable, comprehensive health coverage.

In 2018, regulations issued by the previous administration rewrote the definition of STDLI coverage, allowing these plans to expand their term of coverage from three months to 364 days with the option to renew for up to three years. Unlike marketplace plans, STLDI plans are not required to comply with consumer protections that limit out-of-pocket costs or coverage of essential health benefits, including mental health services, treatment for substance-use disorder, prescription drugs, and maternity care. Furthermore, these plans engage in discriminatory practices, such as retroactive coverage rescissions, medical underwriting, and lifetime and annual caps, which were commonplace before the ACA. Since 2018, many consumers shopping for coverage may not have understood that they were buying a plan that puts them at risk for pre-existing conditions and coverage gaps.

With this new proposal, the Biden Administration is taking action to better protect consumers and promote access to affordable, comprehensive health insurance. We appreciate the Department’s efforts to hold true to a definition of “short-term” that is just that – short term. STLDI policies were originally intended to temporarily fill gaps in coverage while people transition between jobs or when students were required to disenroll from student health coverage over the summer months. As such, we believe these plans should be strictly limited to three months without the option for extensions.

We also strongly support the proposal to prevent insurance companies or brokers from repeatedly enrolling the same consumer in STLDI coverage, a practice known as “stacking,” and request that the Administration do more to prohibit stacking of STLDI plans across different issuers. In addition, as we continue to ensure that Americans have access to affordable coverage, it is critically important for Congress, state regulators, researchers, stakeholders, and federal departments to understand the true impact of the junk insurance market on the ACA marketplaces and other forms of high-quality coverage. As a part of this rulemaking, we strongly urge the agencies to implement policies that would bring greater transparency to these products including disclosure and reporting requirements for intermediary entities such as brokers, associations, and lead generators.

Finally, we urge the Administration to consider additional protections for individuals who may be shopping for coverage during the ACA’s annual Open Enrollment (OE) period.

Fraudsters, always looking for opportunities to take advantage of consumers, are enrolling individuals into plans without their consent, and numerous studies have documented the use of deceptive and misleading marketing to lure consumers into junk plans. We urge the Departments to proactively work with state insurance commissioners to address misleading marketing practices. High-quality insurance coverage is now more affordable than ever before thanks to the enhanced premium tax credits passed as part of the American Rescue Plan Act and the Inflation Reduction Act, as well as the Administration’s efforts to fix the “family glitch” which eliminated the subsidy cliff that impacted over five million Americans. It is our responsibility to ensure that the OE period, which is set to begin on November 1, is as successful as possible in promoting access to high-quality, affordable coverage.

For too long, junk plans were able to proliferate unchecked, resulting in increased exposure to financial harm for consumers. By finally limiting the duration of these plans and providing better protections for consumers, we are helping ensure that when families spend their hard-earned dollars on health insurance, they get the high-quality coverage they deserve.

Sincerely,

 

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CLICK HERE TO DOWNLOAD HIGH-QUALITY VIDEO OF SEN. WARNER ON THE SENATE FLOOR

 

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, spoke on the Senate floor to celebrate the confirmation of Michael C. Casey to serve as Director of the National Counterintelligence and Security Center.

Mike’s understated style, compassion, intelligence, and deep knowledge of security and intelligence issues has been essential to the Committee’s smooth and bipartisan functioning for many years,” said Sen. Warner on the floor of the U.S. Senate. “So it is with a mixture of both regret and pride that we say goodbye to Mike as he embarks on this new role.”  

Sen. Warner’s remarks as prepared for delivery:

Mister President:

I rise today to say a few words about someone who has been an essential part of the Senate community for many years now.

I proud to note that earlier this week [Tuesday evening], the Senate unanimously confirmed the nomination of Mike Casey to serve as Director of the National Counterintelligence and Security Center. 

At a time when the U.S. is facing tremendous foreign intelligence and security threats, it is enormously important to have a Senate-confirmed leader at the head of the NCSC, which is charged with protecting against insider threats, supply chain risks, and other counterintelligence issues.

The position has been vacant since the end of the last administration, so as Chairman of the Senate Intelligence Committee, I’m glad that we’ll now have a Senate-confirmed leader in place to lead efforts to protect against foreign threats… protect U.S. critical infrastructure… and advance the counterintelligence and security mission. 

But while I can recognize that this development is good for our national security… it is also a tremendous loss for the Senate Intelligence Committee, where Mike Casey has ably served as staff director for the last eight years. 

He began his service 28 years ago in the House of Representatives, eventually joining the staff of the House Armed Services Committee before Senator Feinstein lured him over to the upper chamber to serve as Staff Director for the Senate Intelligence Committee in 2016. 

I’ve worked closely alongside Mike ever since. He was an indispensable part of the three-and-a-half year Russia investigation… working alongside his counterparts in what was then- the Committee’s Republican majority to produce the Committee’s bipartisan and definitive report on Russia’s interference in the 2016 Presidential election. 

That was a task which he embraced with the dedication and thoroughness for which Mike is known. Even though the Committee’s staff generally prefers to do their work quietly and behind the scenes, they never buckled or wavered, despite unprecedented media and political scrutiny. The result of that work speaks for itself, and is a testament in no small part to Mike’s leadership as staff director. 

Mike’s understated style… compassion…  intelligence…  and deep knowledge of security and intelligence issues has been essential to the Committee’s smooth and bipartisan functioning for many years. 

I am convinced at this point that Mike knows virtually everything and everyone in the intelligence community, which, as my colleagues can imagine, is an enormous asset in making sure that the Committee is able to conduct our bipartisan oversight work in a robust fashion.  

So it is with a mixture of both regret and pride that we say goodbye to Mike as he embarks on this new role.

As Director of the National Counterintelligence and Security Center, Mike will face many of the same challenges with which we have wrestled on the Intelligence Committee. 

The truth is, national security is no longer simply about how has the most planes, ships, tanks, and guns. It’s also about artificial intelligence… quantum computing… 5G… cybersecurity… fusion energy… and all of the other innovations that our fueling both our economic and our national security... because whoever leads in technology will have an edge in the national security competition of the future. 

And that is not the only challenge that awaits Mike as he embarks on this new chapter… as he’ll be charged with helping to implement badly-needed reforms to our security clearance systems… so that we can do a better job of protecting our nation’s secrets from further unauthorized disclosures… while also making sure that our intelligence agencies are able to quickly and efficiently hire and retain the best and the brightest workforce.  

So, while Mike Casey might be leaving my staff… it’s safe to say he won’t be leaving my speed dial.

We’ll miss you, Mike. 

And remember: don’t screw it up.

Thank you, Mister President.

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, wrote to President Biden, urging the Administration to boost the federal government’s tech workforce in order to address the challenges of rapidly advancing AI, building on previous government initiatives to draw in engineers, product managers, and other digital policy experts to revamp the government’s approach to technology. In his letter, Sen. Warner stressed the need for a similar arrangement specifically targeting AI.

“It is clear to me that we will not be able to meet the need in this rapidly advancing field without a diverse and representative group of talented minds,” Sen. Warner wrote. “These individuals should possess technical knowledge, but also a keen understanding of the social impact of AI.”

He continued, “Your administration has taken a number of practical and important steps to advance the safe deployment of AI technologies. To supplement these efforts, I urge you to use your existing authority to bring the best and brightest minds to the table to help our nation grapple with the wide-ranging impact that AI will have on our society. I look forward to working with you on this endeavor.”

Sen. Warner, a former tech entrepreneur, has been a leading voice in the Senate calling for increased efforts into appropriately regulating and addressing the threats of AI, while still harnessing its full potential. Sen. Warner engaged directly with AI companies to push for responsible development and deployment. Last month, he sent a series of letters to major AI companies urging them to take additional action to promote safety and prevent malicious misuse of their products. In April, Sen. Warner  called on AI CEOs to develop practices that would ensure that their products and systems are secure. In July, he also pushed on the Biden administration to keep working with AI companies to expand the scope of the voluntary commitments.

Additionally, Sen. Warner wrote to Google last month to raise concerns about their testing of new AI technology in medical settings. Separately, he urged the CEOs of several AI companies to address a concerning report that generative chatbots were producing instructions on how to exacerbate an eating disorder.

Text of the letter can be found here and below.

Dear President Biden,

I write today regarding the need to bolster our Federal workforce and build capacity within the government to address artificial intelligence (AI). Already, excellent work related to AI is happening across the Federal government – from the National Institute of Standards and Technology (NIST) to the National Institutes of Health – but given the work that needs to be done, we undoubtedly need more expertise and more capacity. The rapid advancements in AI technologies underscores the need to build a robust knowledge base within the Federal government to grapple with AI applications across various sectors of our economy and society. Given the speed of innovation in this space, I urge you to use the powers of your office to launch a new initiative focused on bringing the best and brightest minds into government service to meet the challenges and harness the benefits of AI.

In recent years, we have seen successful examples of innovative initiatives that bring talented individuals together within the Federal government to serve the public and solve some of our government’s most pressing needs. For example, 18F has brought together a team of designers, software engineers, strategists, and product managers to collaborate with federal agencies in order to improve and modernize government technology. Similarly, the U.S. Digital Service (USDS) has brought together engineers, product managers, and digital policy experts to be paired with leading civil servants in order to impact our government’s approach to technology and address some of the most critical government services. What these initiatives have in common – and what I believe we must focus on in a similar initiative for AI – is bringing together a group of bright minds, with diverse backgrounds and experiences, to lend their expertise to the federal government on issues of national importance.

It is clear to me that we will not be able to meet the need in this rapidly advancing field without a diverse and representative group of talented minds. These individuals should possess technical knowledge but also a keen understanding of the social impact of AI. Furthermore, a dedicated group of individuals focused solely on AI can help the federal government think through the opportunities to harness AI technologies to meet federal objectives while also working collaboratively with agencies to guard against AI-generated risks within their purview.

Your Administration has taken a number of practical and important steps to advance the safe deployment of AI technologies. To supplement these efforts, I urge you to use your existing authority to bring the best and brightest minds to the table to help our nation grapple with the wide-ranging impact that AI will have on our society. I look forward to working with you on this endeavor.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and John Thune (R-SD) led a group of colleagues in a letter to Anne Milgram, Administrator of the Drug Enforcement Administration (DEA), expressing support for the agency’s new engagement on a potential special registration for telehealth but sharing serious concerns over the agency’s proposed rules on the future of prescribing controlled substances via telehealth. Despite efforts by Sen. Warner to ensure continued access to telehealth services following the end of the COVID-19 Public Health Emergency (PHE), the DEA’s rules as proposed would drastically affect patient care.

Joining Sens. Warner and Thune in this letter are U.S. Sens. Catherine Cortez Masto (D-NV), Shelley Moore Capito (R-WV), Sheldon Whitehouse (D-RI), and Dan Sullivan (R-AK).

At the start of the pandemic, the DEA acted swiftly to take advantage of exceptions detailed in the Ryan Haight Online Pharmacy Consumer Protection Act that allowed the agency to waive in-person requirements for prescribing controlled substances in the case of a Public Health Emergency (PHE). With the expiration of the COVID-19 PHE earlier this year, however, the DEA announced a proposed rule detailing their plans for prescribing these medications via telehealth going forward that would limit the ability of doctors to prescribe controlled substances without an in-person visit and place unnecessary requirements on care providers. The proposed rule would only allow a 30-day supply of a schedule III-V non-narcotic medication prior to an in-person medical evaluation, and would not permit any initial supply for schedule II or schedule III-V narcotic medication.

The senators wrote, “Although we appreciate the limited flexibilities proposed by the rule, they are insufficient to meet the health care needs of our constituents and the needs of the providers who care for them. We support the Drug Enforcement Administration (DEA) extending the full set of telehealth flexibilities through November 2023 and are encouraged by the upcoming public listening sessions on the proposed regulations. We urge the DEA to consider feedback from health care stakeholders and apply the lessons learned from the COVID-19 pandemic to ensure patients maintain access to care through telehealth, while still minimizing diversion and fraud.”

Highlighting the difficulty patients have scheduling in-person appointments, the senators continued, “We have concerns about our constituents’ ability to obtain in-person appointments within 30 days of starting a new medication, and the potential consequences to their health of starting a new medication and abruptly ending it should they not be able to obtain such an appointment. It takes on average 26 days to schedule a new patient appointment with a health care provider. Therefore, a 30-day supply could result in patients going without their medication while they wait for an in-person appointment or will turn to higher-acuity and higher-cost settings of in-person care to meet this deadline, such as emergency departments.” 

The senators also called attention to a rule Congress created as part of the SUPPORT for Patients and Communities Act that requires the DEA create a registration for telemedicine practitioners who would not be subject to mandatory in-person medical evaluations. The goal of this special registration is to allow medical evaluations over telehealth more broadly, which the senators state this DEA rule does not accomplish.

Over the course of the COVID-19 pandemic, tremendous progress was made to ensure that patients could receive care without interruption. Reinstating these hard limits on telehealth would be taking a step backwards, and have serious impacts on the care options for thousands of patients. Sen. Warner has consistently led efforts to expand telehealth accessibility, introducing legislation to expand telehealth services and repeatedly calling on congressional leadership to extend telehealth services after the end of the pandemic.

 

A copy of the letter is available here and text is below:

 

Dear Administrator Milgram:

 

On behalf of our constituent patients, health care providers, and pharmacists, we’re writing to share strong concerns with the notice of proposed rulemaking on the future of controlled substances prescribing over telehealth. Although we appreciate the limited flexibilities proposed by the rule, they are insufficient to meet the health care needs of our constituents and the needs of the providers who care for them. We support the Drug Enforcement Administration (DEA) extending the full set of telehealth flexibilities through November 2023 and are encouraged by the upcoming public listening sessions on the proposed regulations. We urge the DEA to consider feedback from health care stakeholders and apply the lessons learned from the COVID-19 pandemic to ensure patients maintain access to care through telehealth, while still minimizing diversion and fraud.

 

Proposed Rule

As you know, the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (“Ryan Haight Act”) offered seven exceptions to the in-person medical evaluation requirement when providers are engaged in the “practice of telemedicine;” a public health emergency is one such exception, and we’re grateful the DEA moved swiftly to utilize that exception during the COVID-19 pandemic.

 

However, we are concerned that the proposed rule undermines the gains made during the PHE that saw expanded access to critical health care services through telehealth

 

Initial supply: Prior to an in-person medical evaluation, the proposed rule permits a DEA-registered prescriber to provide an initial 30-day supply of a controlled substance for non-narcotic schedule III-V medications. We have concerns about our constituents’ ability to obtain in-person appointments within 30 days of starting a new medication, and the potential consequences to their health of starting a new medication and abruptly ending it should they not be able to obtain such an appointment. It takes on average 26 days to schedule a new patient appointment with a health care provider. Therefore, a 30-day supply could result in patients going without their medication while they wait for an in-person appointment or will turn to higher-acuity and higher-cost settings of in-person care to meet this deadline, such as emergency departments.

 

Despite the 180-day grace period after the end of the PHE, new and existing patients will be seeking in-person appointments simultaneously in a health care system that is already burdened by a shortage of health care providers. According to the U.S. Department of Health and Human Services, 163 million Americans live in Mental Health Care Health Professional Shortage Areas.  Approximately 8,200 additional psychiatrists would be needed nationwide just to remove this shortage designation.  Nationwide averages also obscure the variation among states and territories; for example, Arizona has only 8.5% of its psychiatric health care needs met and would need 227 psychiatrists to meet 100% of these needs.  And beyond mental health care, 100 million Americans live in Primary Care Health Professional Shortage Areas, with more than 17,000 primary care providers needed at a minimum to remove the designation. 

 

Medical societies representing health care providers and their patients nationwide have encouraged a window of longer than 30 days for an initial prescription in order to provide enough time to obtain an appointment: the American Medical Association (AMA) and the American Psychiatric Association recommend 180 days, with the Association of American Medical Colleges (AAMC) urging no less a 90-day maximum when the provider believes it is appropriate. In addition, the AMA and the AAMC recommend that existing patients have one year to fulfill the in-person appointment requirement.

 

Provider safety: The proposed rule requires the prescribing provider to report their physical address at the time of the telemedicine appointment. Health care providers have shared they sometimes do telemedicine appointments from their home and have safety and privacy concerns with their home address being on the prescription. We urge you to allow providers to use the business address of their DEA registration.

 

Referrals:

  • Referring providers: The proposed rule requires that an in-person medical evaluation be performed by a DEA-registered provider before a referral to another DEA-registered provider who would be permitted to prescribe a controlled substance over telehealth. We are concerned that individuals without adequate in-person access to a DEA-registered provider will see their health care treatment options limited should they be referred to a specialist for a telehealth appointment, or instead a second in-person medical evaluation would be required with a DEA-registered provider prior to seeing a specialist, which would increase costs to the patient and the health care system as a whole. We urge you to work with health care providers to ensure patients do not encounter any truly unnecessary barriers to care.  
  • Prescribing practitioner: The proposed rule requires a referring provider to specifically include the name and National Provider Identifier (NPI) of the prescribing practitioner to which the referring prescriber is referring the patient. In practice, patients are often referred to a group practice where they see whichever specialist has a first available appointment. Or, referrals may not have a provider indicated at all, as the patient often has to explore insurance network coverage and new patient availability. This requirement may prevent patients from receiving the legitimate health care services they need.

 

Recordkeeping: Finally, we have heard widespread concerns about additional recordkeeping and other administrative burdens required from providers and pharmacies. This additional administrative burden will strain an already exhausted workforce could also deter providers from being able to provide this care. Stakeholders have shared that existing recordkeeping requirements should be sufficient for the purpose of DEA being able to combat diversion and fraud, and we encourage you to work with providers on the least burdensome path forward.

 

Special Registration

In addition to the PHE exception to the Ryan Haight Act discussed above, Congress also created a “special registration” exception, not as an option for DEA to utilize but a requirement to do so most recently in the SUPPORT for Patients and Communities Act (“SUPPORT Act”). We do not believe this NPRM fulfills DEA’s obligation to create a special registration.

 

Congress envisioned this special registration to allow certain health care providers to be cleared and registered to use their clinical judgment when a medical examination can be done over telehealth for the purposes of a controlled substances prescription. DEA envisioned this to be the case, as well: in the preamble to Ryan Haight Act implementation regulations, DEA wrote:

 

“Special registration for telemedicine—a practitioner who is engaged in the practice of telemedicine within the meaning of the Act is not subject to the mandatory in-person medical evaluation requirement of 21 U.S.C. 829(e) (although such practitioner remains subject to the requirement that all prescriptions for controlled substances be issued for a legitimate medical purpose.”

 

Although we appreciate DEA not requiring a special registration for the initial prescriptions currently proposed, we are concerned that the proposed rule does not include the special registration directed to be created by Congress and even envisioned by the DEA. However, we are pleased to see DEA recently indicate further consideration of a special registration process that would allow clinicians to prescribe a controlled substance via telemedicine without an in-person visit. We appreciate the continuation of the comment process via public listening sessions, and encourage the DEA to review and incorporate stakeholders’ feedback in future rulemaking related to telemedicine prescribing.

 

In addition to allowing qualified health care providers to determine when a medical evaluation over telehealth is appropriate, a special registration would also provide a framework to evaluate the appropriateness of certain prescribers having the ability to prescribe over telehealth medications not covered by the post-COVID-19 proposed rule, namely Schedule II medications and Schedule III-V narcotic medications.

 

Health care providers across the board continue to ask for a special registration process that would provide a pathway for certain providers to provide more care involving controlled substances over telehealth than the proposed rule allows, and we implore DEA to follow its statutory requirements under the Ryan Haight Act and the SUPPORT Act and do just that.

 

Thank you for your consideration of these concerns, and we look forward to continuing to work with you on these important issues.

                       

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WASHINGTON– Today, U.S. Sens. Mark R. Warner and Tim Kaine announced $17,259,239 in federal funding to improve infrastructure at airports across Virginia. The funding was awarded by the U.S. Department of Transportation’s Federal Aviation Administration (FAA)’s 2023 Airport Improvement Program (AIP) Grant Program, which funds airport infrastructure projects such as runways, taxiways, airport signage, airport lighting, and airport markings. In 2023, Virginia’s regional airports have already received $56,828,185 through the AIP.

“Our regional airports are critical for economic development in our communities,” said the senators. “We’re glad this federal funding will help improve safety and reliability by upgrading infrastructure at airports across the Commonwealth.”

The funding is distributed as follows:                                                        

  • $4,875,000 for the Winchester Regional Airport to reconstruct its apron.
  • $4,018,500 for the Leesburg Executive Airport to rehabilitate its apron, which Kaine recently announced in a visit to the airport.
  • $3,401,884 for the Danville Regional Airport to rehabilitate its apron.
  • $3,348,877 for the Manassas Regional Airport to reconstruct the taxiway.
  • $951,500 for the Accomack County Airport in Melfa to construct a taxiway and light, mark, or remove non-hazardous obstructions like nearby buildings and towers in its airspace.
  • $600,748 for the Lee County Airport in Jonesville to improve safety at the airport by installing navigational aids (NAVAIDS) and a runway vertical/visual guidance system, reconstructing airfield guidance signs, and rehabilitating lighting on the runway.
  • $62,730 for the Mountain Empire Airport in Smyth County to reconstruct or replace the airport’s lighting vault, which houses the regulators, controls, and other equipment necessary to power and control airfield lighting systems.

Sens. Warner and Kaine have long supported Virginia’s airports. Earlier this year, the senators announced federal grants of over $44 million and $6 million to enhance airport safety and capacity. Sen. Kaine has also introduced legislation to address aviation workforce shortages by supporting the education, recruitment, and development of pilots, aviation maintenance workers, and aerospace manufacturing workers.

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WASHINGTON– Today, U.S. Sens. Mark R. Warner and Tim Kaine announced $939,669 in federal funding to help people in recovery from substance use disorder rejoin the workforce in Southwest Virginia. The funding was awarded by the Appalachian Regional Commission’s Investments Supporting Partnerships in Recovery Ecosystems (INSPIRE) Initiative, which provides funding across Appalachia to address the substance use disorder crisis.

“In addition to expanding access to substance use treatment programs, it's critical that we're helping individuals recovering from substance use disorders access the resources they need to succeed,” said the senators. “We’re glad this funding will help more Virginians across Southwest Virginia get the job skills and support they need to enter or renter the workforce.”

The funding is distributed as follows:

  • $500,000 for the YWCA Northeast Tennessee and Southwest Virginia in Glade Spring to provide access to family resiliency and recovery-to-work supports, including workshops on health and wellness, soft skills and entrepreneurship, personal finance, housing, career coaching, teen and adult parenting, and nutrition and cooking. 
  • $439,669 for Mountain Empire Community College Foundation in Big Stone Gap to grow their Project Amelioration Program, which helps individuals with substance use disorder in Dickenson, Lee, and Wise counties gain hands-on job training, financial education, and life skills training. The program also offers counseling services, social services, and employment assistance. 

Sens. Warner and Kaine, a member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, have long supported those recovering from substance use disorder. The senators announced $1.4 million in federal funding to expand access to mental health care across Virginia.

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WASHINGTON – Ahead of a Tuesday oversight hearing in the Senate Banking Committee with Securities and Exchange Commission (SEC) Chairman Gary Gensler, U.S. Sens. Mark R. Warner (D-VA) and Sherrod Brown (D-OH) reintroduced legislation to require publicly traded companies to disclose information regarding workforce management metrics, including investments made in skills training, workforce safety, and employee retention.

“Workers are the most valuable resource a company can have, but without a clear set of standards for reporting, the investment that public companies make in their personnel are next-to-impossible to track,” said Sen. Warner. “This legislation will help provide a clearer picture of how public companies are managing, supporting, and investing in their workers – factors that significantly influence a company’s ability to innovate and compete.”

“Big Tech and other corporations use subcontracting and outsourcing to hide their total number of workers. The result is that too many workers are invisible under current disclosure requirements,” said Sen. Brown. “The Workforce Investment Disclosure Act will finally shed some sunlight on how companies outsource and subcontract their workers and allow the public to scrutinize what these companies are doing to invest in their workers.”

Since the start of his tenure in 2021, Chair Gensler has stated disclosure of these workforce metrics would be a priority of his agenda, but a rule making this a requirement has yet to be proposed. The Workforce Investment Disclosure Act would require public companies disclose basic human capital metrics, which have an increasingly high value across industries in our 21st century economy. These metrics include workforce turnover rates, skills and development training, workforce health and safety, workforce engagement, and compensation statistics.

Specifically, the legislation would build on existing disclosure requirements by requiring companies to disclose:

  • Demographic information;
  • Data on temporary and contract workers;
  • Employee turnover rate;
  • Employee skills and capabilities;
  • Workforce health, safety, and well-being, including findings of harassment or discrimination; and
  • Employee compensation, benefits, and incentives.

Sen. Warner, a former entrepreneur and venture capitalist, has long stressed the importance of updating human capital disclosure requirements to reflect the priorities of modern companies. First introducing the Workforce Investment Disclosure Act in 2020, Sens. Warner and Brown have also urged the SEC to implement improvements to their human capital disclosure rules including for part-time employees.

Full text of the bill is available here

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) praised an announcement by United States Trade Representative (USTR) Ambassador Katherine Tai that the Republic of India will reduce prohibitively high tariffs on U.S. turkey products – an important Virginia commodity.

“For months we’ve urged the U.S. Trade Representative to work to reduce the tariffs that make it difficult for Virginia’s producers to export poultry products to India. Today, we’re proud to report that USTR has finally come to an agreement with India to reduce these retaliatory tariffs. This move will help strengthen the strong partnership between our two nations while generating increased demand for Virginia poultry and supporting economic activity in the Valley,” said Sens. Warner and Kaine.

“The National Turkey Federation applauds the efforts by the U.S. and Indian governments to significantly reduce the tariffs. This move creates an important new market for U.S. turkey producers and will give Indians more affordable access to a nutritious, delicious protein,” said Joel Brandenberger, President and CEO of National Turkey Federation. “NTF congratulates the Office of the U.S. Trade Representative and the leadership of USDA on this accomplishment, and we thank Senators Mark R. Warner and Thom Tillis for spearheading congressional efforts to ensure U.S. turkey growers are able to effectively compete in this fast-growing marketplace.”

In 2021, Virginia was the sixth largest turkey source in America after producing 14.5 million birds. Turkey production plays a key role in the Commonwealth's poultry industry, which provides a direct economic impact of $5.8 billion and contributes $13.6 billion in economic activity in Virginia.

Sens. Warner and Kaine have been strong proponents of lowering tariffs that harm Virginia poultry producers. In June, ahead of Indian Prime Minister Narendra Modi’s visit to the United States, the Senators were joined by a number of their colleagues in urging Ambassador Tai to increase market access for U.S. turkey and poultry products. These products previously faced significant barriers to the Indian market due to prohibitively high tariff rates. Earlier this year, Sen. Warner also praised the end of retaliatory tariffs on apples, another major Virginia commodity.

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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $16,395,565.20 in federal funding, courtesy of the Middle Mile Broadband Infrastructure Grant Program, awarded to the Mid-Atlantic Broadband Communities Corporation (MBC) to deploy broadband and expand access to high-speed internet throughout Virginia.

The funding will be used to construct approximately 130 miles of new fiber to build eight open-access middle mile fiber segments, the physical high-capacity fiber optic cables needed to connect internet service providers to larger data centers and local networks, which will support service for residential and business customers and provide critical broadband connectivity to 32 industrial and business park sites in 12 Virginia localities across Central and Southside Virginia.

“Access to high-quality, high-speed internet is crucial in the 21st century,” said the senators. “We are proud to have played a key role in creating and passing legislation that continues to deliver substantial funding to Virginia in order to achieve universal broadband coverage across the Commonwealth.”

“We are absolutely thrilled and deeply honored to be a part of this transformative project, standing shoulder-to-shoulder with our electric cooperatives, ISPs, and other telecom providers,” said Tad Deriso, President & CEO of MBC. “The substantial infrastructure investment in middle mile fiber by the NTIA and GO Virginia represents a remarkable triumph for rural Virginia, as it paves the way for significant strides in bridging the digital divide and attracting more economic development investments to the region. MBC has a proven track record of executing fiber infrastructure projects on time and within budget, and we eagerly anticipate collaborating with our funding partners, our telecom provider customers, and the communities involved to make this project a resounding success.”

Details on the eight middle mile fiber segments are as follows:

  • The South Hill to Kenbridge segment will improve the capacity of the fiber route that supports the marketability and feasibility of the Kenbridge Commerce Center site in Lunenburg County as well as residential and business customers along the route.
  • The Blackstone to McKenney segment will support additional broadband capabilities at Fort Barfoot, a Virginia Army National Guard installation near Blackstone, VA for future rapidly mobilized national security operations and the expanding federal and private contractor workforce.
  • The Dinwiddie to Prince George segment will enable fiber connectivity for industrial, business, education, and biotech/pharmaceutical clusters in Dinwiddie County, Prince George County, and the City of Petersburg.
  • The MAMaC in Greensville County segment supports economic development in Greensville County by providing diverse fiber to enhance the marketability of the 1,600 acre MaMaC Megasite in Greensville County.
  • The Heartland Innovative Technology (HIT) Park in Prince Edward County segment will provide new diverse fiber to the recently established Heartland Innovative Technology Park.
  • The Sussex Mega Site in Sussex County segment will create middle mile fiber diversity for the Sussex County Mega Site, enhancing the site’s marketability for advanced manufacturing.
  • The Heartland Innovative Technology (HIT) Park to Cumberland segment will provide a diverse fiber route from HIT park to the north, to tie into other fiber backbone routes that extend to Ashburn, Culpeper and Charlottesville.
  • The Shannon Hill Regional Business Park in Louisa County segment will provide diverse fiber to the 700-acre Shannon Hill Regional Business Park for the park’s targeted industries of manufacturing, data centers, biotechnology, and logistics and distribution.

The Middle Mile Broadband Infrastructure Grant Program provides funding to expand and extend middle mile infrastructure to reduce the cost of connecting areas that are unserved or underserved with current broadband infrastructure. The program was created by the bipartisan infrastructure law (BIL). 

Sens. Warner and Kaine have long fought to expand access to broadband in Virginia. Last month, Sen. Warner visited Big Stone Gap to celebrate $25 million in funding for the deployment of broadband in Southwest Virginia. These announcements come in addition to over $1.4 billion in previously announced funding for the deployment of broadband throughout the Commonwealth as a result of the bipartisan infrastructure law. 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine applauded $3,586,000 in federal funding for the Wise County Public Service Authority to improve the county’s water system. Currently, Wise County’s water system is unable to provide the minimum working water pressure of 20 PSI under Virginia state code. Wise County has a serious need for upgrades to its water system, and this funding will help upgrade the county’s water infrastructure to ensure the system is up to code. The funding will replace approximately 29,120 linear feet of water line and install 12 gate valves, 10 fire hydrant assemblies, and associated water appurtenances.

“Reliable water systems are critical to protect the health of our communities and support businesses in the region,” said the senators. “We’re glad this federal funding will help Wise County upgrade their water infrastructure.”

The funding is awarded by the U.S. Department of Agriculture’s Department of Rural Development’s Water & Waste Disposal Loan & Grant Program, which provides funding for clean and reliable drinking water systems, sanitary sewage disposal, sanitary solid waste disposal, and storm water drainage to homes and businesses in rural communities. In addition to the over $3.5 million grant, Wise County will receive a federal loan of $1,202,000.

Warner and Kaine have long supported efforts to improve infrastructure across the Commonwealth. Last year, the senators announced over $46 million in federal funding as part of the bipartisan infrastructure law to replace lead water lines and ensure safe drinking water throughout Virginia.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine announced $1,398,428 in federal funding for the Virginia Department of Behavioral Health and Developmental Services to expand access to mental health care in Virginia. The funding was awarded by the U.S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration’s (SAMHSA) Community Mental Health Services Block Grant program. This program allocates funding to states to provide comprehensive, community-based mental health services to adults and children with significant mental health conditions. 

“Every Virginian deserves access to high-quality, affordable mental health care,” said the senators. “The last few years have underscored the importance of access to mental health services, and we’re glad this funding will help more Virginians reach the care they need.”

States may distribute funds from this program to local government entities and nongovernmental organizations to provide community mental health services. The funding was made possible by the (BSCA), which the senators helped pass. In Fiscal Year 2023, Virginia has received over $25 million in federal funding through the Community Mental Health Services Block Grant program.

Warner and Kaine have long supported efforts to expand access to mental health care. Warner and Kaine are sponsors of the CONNECT for Health Act, which would expand coverage of telehealth services, including mental health treatment and treatment for substance use disorders. Warner has additionally successfully pressed the Drug Enforcement Agency (DEA) to finalize long-delayed regulations allowing doctors to prescribe controlled substances, including those that treat opioid use disorder, through telehealth. Kaine, a member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, introduced legislation to reduce and prevent suicide, burnout, and mental and behavioral health conditions among health care professionals, which President Biden signed into law last year. Last year, the senators announced $1 million in federal funding through the BSCA to expand and enhance the 988 Suicide & Crisis Lifeline in Virginia. Kaine has also introduced legislation to support children’s access to mental health care, which was included in last year’s government funding bill that the senators helped pass.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine announced $1,000,000 in federal funding from the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) for the A.L. Philpott Manufacturing Extension Program (MEP), also known as GENEDGE Alliance, in Martinsville. This funding will help GENEDGE support small and medium-sized medical device manufacturers across Virginia in their efforts to strengthen medical supply chain resiliency and improve product quality by providing the manufacturers increased access to specialized expertise and resources. Specifically, with this funding, GENEDGE will assist the businesses in increasing sales, creating jobs, training more experts in the medical device manufacturing process, reducing risks in the process, providing educational resources, and growing our manufacturing industry.

“Virginians rely on their medical devices every day, and supporting our medical manufacturing industry is critical to ensure patients and providers can access the products they need,” said the Senators. “The pandemic highlighted the importance of ensuring our domestic medical supply chains are strong to improve public health, lower costs, and reduce our reliance on other nations. This funding will strengthen our efforts to do just that. We’re glad these federal dollars will help GENEDGE support small and medium-sized manufacturers across Virginia by training workers, creating jobs, reducing risks in the manufacturing process, and improving the quality of medical devices.”

GENEDGE is a part of the Hollings Manufacturing Extension Partnership (MEP) National Network. In Fiscal Year 2022, the MEP National Network generated $35.80 in new sales growth for manufacturers for every one dollar received in federal funding, which is up $9.60 from Fiscal Year 2021. Last year, Sens. Warner and Kaine announced over $2 million in federal funding for GENEDGE.

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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $25,000,000 in federal funding from the Department of Agriculture awarded to Scott County Telephone Cooperative to deploy broadband and expand access to high-speed internet in Southwest Virginia. Tomorrow, Sen. Warner will join Rural Utility Services Administrator Andrew Berke, members of the LENOWISCO Planning District Commission, and community leaders in Big Stone Gap, VA to celebrate this funding and touch on the importance of bringing high-speed internet to rural communities.

“For almost two decades, dating all the way back to my time as governor, I have stressed the need for access to broadband coverage and high-speed internet in every corner of the Commonwealth, and I was proud to negotiate the bipartisan infrastructure law that has made significant progress on this front,” said Sen. Warner. Access to fast, reliable, and affordable internet is crucial to ensuring our rural communities grow and thrive, and I’m thrilled that this $25 million investment for Norton, Wise County, and Lee County will help our small businesses, students, and residents stay connected.”

“High-quality internet is crucial to reach services like health care, work, and educational opportunities,” said Sen. Kaine. “Every Virginian, no matter where they live, deserves access to affordable, reliable internet access. I’m glad this funding from the Bipartisan Infrastructure Law, which I was proud to help pass, will help thousands of Virginians in Norton, Wise County, and Lee County do just that.”

The funding will be used to deploy a fiber-to-the-premises network that will provide high-speed internet to more than 17,000 residents, 1,018 businesses, 37 farms and 49 educational facilities in Norton City, Wise County and Lee County Virginia. This funding was awarded though the U.S. Department of Agriculture’s ReConnect Program, and funded by the bipartisan infrastructure law (BIL).

Sens. Warner and Kaine have long fought to expand access to broadband in Virginia. Earlier this year, the Senators announced over $1.4 billion in funding for the deployment of broadband throughout the Commonwealth. As a key author and negotiator of the BIL, Sen. Warner also previously secured $65 billion in funding to help deploy broadband and decrease costs associated with connecting to the internet, and Sen. Kaine voted for the BIL to help make the funding possible. As part of that funding, Virginia received $5 million to help make a strategic plan to deploy coverage. 

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