WASHINGTON – U.S. Sen. Mark R. Warner (D-Va.) joined Chris Coons (D-Del.), Foreign Relations Committee Chairman James Risch (R-Idaho), and Ranking Member Bob Menendez (D-N.J.), along with Sens. Chris Van Hollen (D-Md.), Chuck Grassley (R-Iowa), Tim Kaine (D-Va.), Marco Rubio (R-Fla.), Cory Booker (D-N.J.), Ted Cruz (R-Texas), Ben Cardin (D-Md.), and Patrick Leahy (D-Vt.), in a joint statement ahead of the 22nd anniversary of the bombings of the U.S. Embassies in Kenya and Tanzania on August 7, 1998. The Senators called on the Trump Administration and Congress “to deliver justice to the victims and their families and appropriately and equitably address terrorism-related claims against Sudan.”

“On August 7, 1998, twin explosions at the U.S. Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania claimed the lives of over 250 people – including 12 American embassy personnel – and wounded over 5,000 people in attacks later linked to al-Qaeda, which had been given safe haven in Sudan. On this anniversary of a tragedy that shocked our nation’s conscience, we honor those killed and injured in the Embassy bombings as well as all the dedicated individuals – from our diplomats to security guards – who make enormous daily sacrifices to serve and protect our nation overseas.  Our hearts are with the victims and their family members who continue to bear the wounds of these heinous attacks.

“The murderous regime of former Sudanese President Omar al-Bashir that for years harbored terrorists and terrorist organizations was toppled by a peaceful revolution in April 2019, which has put Sudan on the path toward democracy and opened the possibility of resolving certain longstanding issues in Sudan’s relationship with the United States. It is critical that the Trump Administration and Congress redouble efforts to deliver justice to the victims and their families and appropriately and equitably address terrorism-related claims against Sudan.

“As we mark this solemn day for our nation, let us continue honoring the legacy of all who perished in these attacks by recommitting ourselves to end the scourge of terrorism and seeing the perpetrators of this and other attacks on Americans brought to justice.  We must never forget those who died in service to the United States.”

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and Cory Booker (D-NJ) introduced legislation to reduce prescription drug costs for children, while bringing in savings for states. The Fair Drug Prices for Kids Act would give states the ability to purchase prescription drugs at the lowest price possible, lowering the cost of prescription drugs for children and saving state dollars.

“This commonsense legislation will improve health care for our nation’s children by allowing states that have standalone Children’s Health Insurance Programs get the same prescription drug discounts as traditional State Medicaid programs,” said Sen. Warner. “There’s no reason we should pay more for the drugs our kids depend on. This bill will fix that and improve care for the more than four million children nationally enrolled in a standalone CHIP program.”

“Health care – including access to affordable prescriptions drugs – is a fundamental right, but skyrocketing prescription drug prices drive up costs and threaten to limit access to coverage and care, including for our nation’s children,” said Sen. Booker. “Our bill will make important changes to bring down prescription drug costs for standalone CHIP programs, therefore strengthening these programs for the families who rely on them.”

The Children’s Health Insurance Program (CHIP) provides low-cost health coverage to low-income children who would otherwise be uninsured. Currently, states can either have a standalone CHIP that is separate from Medicaid, or they can expand Medicaid eligibility to achieve the same goal of providing health insurance to low-income children. States can also have a combination CHIP, where they receive federal funding to implement both, a Medicaid expansion program and a separate CHIP.

However, states that have a standalone CHIP are not allowed to participate in the Medicaid Drug Rebate program (MDRP), which allows state Medicaid programs to purchase products from drug manufacturers at “Medicaid best price” – the lowest price offered to any other commercial payer. This means that these states are forced to pay higher prices for the same prescription drugs, which can result in higher costs for families and reduced access to medicines and other forms of needed care.  

The CHIPS for Kids Act would give states the option of purchasing prescription drugs for their standalone CHIP through the Medicaid Drug Rebate Program. This would generate immediate savings for individual CHIP programs and the federal government, opening the door for states to use those excess dollars to ensure additional families and children have access to essential medical care and prescription drugs.

This legislation has the support of Patients for Affordable Drugs Now as well as Little Lobbyists.

“States and families across the country are suffering from the high prices of prescription drugs. Medicaid and CHIP make it possible for some families to get the medication they need to live,” said Sarah Kaminer Bourland, Legislative Director, Patients For Affordable Drugs Now. “The Fair Drug Prices for Kids Act will extend basic drug pricing provisions so all CHIP programs get the medication patients need at the lowest possible price. We are grateful to Senators Warner and Booker for introducing this important legislation.”

“All children have a right to the health care they need to survive and thrive. The Fair Drug Prices for Kids Act offers the 4.1 million children covered under separate CHIP programs more affordable access to the medications they need. Additionally, it frees up CHIP funds so that this critical program can be expanded to cover all families who are struggling to afford their children's health care. Little Lobbyists is proud to support the swift passage of the Fair Drug Prices for Kids Act,” said Erin Gabriel, Director of Advocacy, Little Lobbyists.

A one-page summary of the bill is available here, and bill text can be found here.

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WASHINGTON – Today, the Senate unanimously approved a bipartisan bill introduced by U.S. Sens. Mark R. Warner (D-VA) and John Boozman (R-AR) to help address the alarming rate of veteran suicide. Provisions of the IMPROVE Well-Being for Veterans Act, a bill to expand veterans’ access to mental health services, were included as part of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act to help the Department of Veterans Affairs (VA) reduce veteran suicides.

“Today, Congress came together in a bipartisan fashion to make sure our veterans receive the tools and resources they need to heal from the invisible wounds of war. Right now, too many veterans still die by suicide long after having completed their tours of duty. This important legislation will help tackle the alarming rate of veteran suicide by ensuring our military heroes have the support they need after faithfully serving our country. It’s my hope that the President quickly signs this critical life-saving bill into law,” said Sen. Warner.

“We can’t take our focus off the veteran suicide crisis even with all that is going on in the world right now. In recent years, Congress has increased funding to reach at-risk veterans, yet the number who commit suicide each day has remained largely unchanged. It’s clear a new strategy is necessary and the approach that Senator Warner and I have proposed in this bill is a key part of that. Coordinating and sharing information between the VA and veteran-serving organizations that have the common goal to save lives will have a positive impact,” said Sen. Boozman.

The IMPROVE Well-Being for Veterans Act creates a new grant program to enable the VA to conduct additional outreach through veteran-serving non-profits in addition to state and local organizations. Additionally, the bipartisan bill enhances coordination and planning of veteran mental health and suicide prevention services and better measures the effectiveness of those programs in order to reduce the alarming number of veteran suicides.

The VA estimates that around 20 veterans die by suicide each day. Unfortunately that number has remained unchanged despite Congress more than tripling the VA’s funding for suicide prevention efforts over the last ten years to nearly $222 million in FY20.

Only six of the 20 veterans who die by suicide each day receive healthcare services from the VA before their death. That’s why Sens. Warner and Boozman are empowering the VA to share information with veteran-serving non-profits and requiring it to develop a tool to monitor progress so that resources can be concentrated on successful programs.

The IMPROVE Well-Being for Veterans Act was introduced in June 2019. Days later, at a committee hearing, VA Secretary Robert Wilkie called the bill “key” to unlocking the veteran suicide crisis. In January, provisions of the Warner-Boozman legislation were included in the Commander John Scott Hannon Veterans Mental Health Care Improvement Act, and the bill was unanimously approved by the Senate Veterans Affairs Committee. Additionally, the IMPROVE Well-being for Veterans Act was included as part of the President’s Roadmap to Empower Veterans and End a National Tragedy of Suicide (PREVENTS) Act, which was unveiled last month.

Sen. Warner has been a strong advocate of improving care for Virginia’s veterans. In January, he  sent a letter to the four VA medical facilities providing care for Virginia’s veterans requesting an update on their suicide prevention efforts. He’s also recently met with senior leadership at the Hunter Holmes McGuire VA Medical Center and Hampton VA Medical Center (VAMC) to discuss wait time reduction at their facilities and suicide prevention efforts.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Tina Smith (D-MN) introduced the Mixed Earner Pandemic Unemployment Assistance Act of 2020 to help ensure Americans who earn a living through a mix of traditional (W-2) and independent employment income (1099) can fully access the financial relief made available under the Pandemic Unemployment Assistance (PUA) Program.

Following March passage of the CARES Act, states were directed to establish PUA to distribute benefits to workers who would normally not be eligible for unemployment assistance, such as self-employed workers or freelancers, to help them stay afloat during the COVID-19 economic crisis. However, the program has unintentionally disqualified these non-traditional workers from participating in the PUA program if they have mixed sources of income that make them eligible to receive the minimum benefit in regular unemployment insurance. This affects any primarily self-employed or independent worker who receives a secondary source of W-2 income, such as working part-time as a server or caterer, retail worker, entertainment worker, or otherwise are hired by a company part-time as an employee.  

“As the nation continues to deal with the economic devastation caused by COVID-19, we’ve got to ensure that workers have the assistance they need to cope with the dire financial straits many are unexpectedly finding themselves in,” said Sen. Warner. “While Congress extended a lifeline under the Pandemic Unemployment Assistance Program, a large swath of gig and independent workers were unexpectedly left out from receiving the full benefits they are entitled to. Today, we’re introducing a commonsense fix to help millions of independent, freelance, and entrepreneurial workers who were left out of this critical safety net at no fault of their own.”

“In the current economic crisis we must do all we can to support Americans who have been forced to go without work," said Sen. Smith. "Earlier this year, Congress enacted a historic expansion of unemployment insurance, but some people who worked multiple jobs have found themselves in an unintended no man’s land between unemployment programs that has resulted in drastically reduced unemployment compensation. I’ve heard directly from several Minnesota workers caught in this position who are now struggling to get by. That’s why I’m working to fix this problem and help these families get the assistance they need during difficult times.”    

According to recent figures by the Bureau of Labor Statistics, as many as 1 in 10 American workers may presently participate in the labor market with gig, independent, and self-employed work as their primary form of occupation. Last week, based on the unadjusted data released by the U.S. Department of Labor, 2 million Americans filed new unemployment claims – 1.2 million for regular unemployment insurance and almost 1 million for the PUA program. The data also indicates that 33.8 million Americans are either receiving unemployment benefits or have applied and are awaiting approval. Out of the total number of unemployment claims, more than 15 million have been for the PUA program. 

The Mixed Earner Pandemic Unemployment Assistance Act would:

·       Allow workers who earn a minimum of $7,250 independent (e.g. 1099) income to request reconsideration into receiving PUA benefits instead of regular state unemployment compensation.

·       Allow states to opt-in to implement this expanded coverage for mixed earners, acknowledging that not every state will be ready to implement this change.

The bill is cosponsored by Sens. Richard Blumenthal (D-CT), Kamala Harris (D-CA), Ed Markey (D-MA), Amy Klobuchar (D-MN), Dianne Feinstein (D-CA), Elizabeth Warren (D-MA), Martin Heinrich (D-NM), and Chris Coons (D-DE). A copy of the bill text can be found here. Companion legislation was also introduced in the House of Representatives by Reps. Adam Schiff (D-CA) and Judy Chu (D-CA).

The Mixed Earner Pandemic Unemployment Assistance Act is endorsed by the Actors’ Equity Association, All Creative Writes – New York, Alternate ROOTS, American Association of Independent Music, American Federation of Musicians, Americans for the Arts, American Photographic Artists, Artist Rights Alliance, Arts & Business Council of Greater Boston, Arts Council of Greater Baton Rouge, Arts in a Changing America, Arrowmont School of Arts and Crafts – Tennessee, Asian American Arts Alliance, Association of Performing Arts Professionals, Atlanta Contemporary – Georgia, The Authors Guild, BMI, C4 Atlanta, California Lawyers for the Arts, CERF+- the Artists Safety Net, Chocolate Factory Theater – New York, Chorus America, Christian Music Trade Association, Copyright Alliance, CreativeFuture, Dad’s Garage Theatre Company – Georgia, Dance/NYC – New York, Department for Professional Employees – AFL-CIO, Digital Media Association, Dramatists Guild of America, The Field – New York, Fourth Arts Block – New York, Freelancers Union, Future of Music Coalition, Graphic Artists Guild, Guild of Italian American Actors, Halau Hula Ka Lehua Tuahine – Hawaii, Independent Music Professionals United, International Documentary Association, The Laundromat Project – New York, Lawyers for the Creative Arts – Chicago, League of American Orchestras, Live Nation, Maryland Volunteer Lawyers for the Arts, Mississippi Center for Cultural Production, More Art Inc – New York, Museum of Contemporary African Diaspora Art, Music Artists Coalition, Music Business Association, Music Workers Alliance, Musicians for Musicians Inc., The Nashville Songwriters Association International (NSAI), National Coalition for the Art’s Preparedness and Emergency Response, National Employment Law Project, National Press Photographers Association, National Writers Union, Naturally Occurring Cultural Districts – New York, New Yorkers for Culture and Arts, New York Foundation for the Arts, North American Nature Photography Association, Opera American, PA’I Foundation – Hawaii, Peters Valley School of Craft – New Jersey, Philadelphia Volunteer Lawyers for the Arts, Power Haus Creative – Georgia, Recording Academy, the Recording Industry Association of America, SAG-AFTRA, Songwriters Guild of America, Songwriters of North America, SoundExchange, Southeast Community Cultural Center – Georgia, Springboard for the Arts, Minnesota Lawyers for the Arts, St. Louis Volunteer Lawyers and Accountants for the Arts, True Colors Theatre Company – Georgia, Universal Music Group, UrbanGlass – New York, Washington Area Lawyers for the Arts, and the Writers Guild of America – East.

The legislative fix comes on the heels of a letter Sens. Warner and Smith led, along with Sens. Richard Blumenthal (D-CT), Kamala Harris (D-CA), Ed Markey (D-MA), Amy Klobuchar (D-MN), Martin Heinrich (D-NM), Dianne Feinstein (D-CA), Elizabeth Warren (D-MA), Chris Coons (D-DE), to urge Senate leaders to ensure that these workers who have mixed forms of income can access the PUA program – which is available through December 2020 – as negotiations between Senate Republicans and Democrats continue.

“It is clear that allowing workers in alternative work arrangements to access the PUA program is an important lifeline for many during this crisis,” the Senators wrote in a letter to Senate Majority Leader Mitch McConnell, Senate Minority Leader Chuck Schumer, and the Chairman and Ranking Member of the Senate Committee on Finance. “However, for workers whose primary source of income is independent, freelance, or self-employed work but who also receive some W-2 wages as a secondary source of income – such as working part-time as a server or caterer, retail worker, entertainment worker, or otherwise are hired by a company part-time as an employee – an exclusion leaves them without access to a safety net for their primary source of income. Specifically, we hope that modification of the PUA program can be made to allow individuals with over $7,250 in self-employed income to request a reconsideration of their PUA eligibility, where both their 1099 and W-2 income will be aggregated for their weekly benefit calculation. Acknowledging that some states will be better positioned than others to implement this, participation in the fix to the PUA process should be optional for individual states.”

A copy of the letter can be found here.

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine cosponsored the Real Economic Support That Acknowledges Unique Restaurant Assistance Needed to Survive (RESTAURANTS) Act of 2020, legislation that would establish a $120 billion revitalization fund to help independent restaurants deal with the long-term structural challenges facing the industry because of COVID-19 and support the reemployment of 11 million workers.

“Virginia’s independent restaurants have been especially hurt by the coronavirus emergency and require much-needed relief,” the Senators said. “This bill can help save restaurants across the Commonwealth by offering the critical assistance needed to cover costs of operations and supporting staff. We’re glad this effort has bipartisan support to help millions of restaurants from closing their doors for good.”

The Bureau of Labor Statistics estimates that the restaurant industry has lost over 6.1 million jobs – the most of any industry and double the figure from the next most affected industry. Without further action from Congress, over 11 million independent restaurant workers are at risk of permanently losing their jobs. Restaurants are facing months of massive revenue losses because of social distancing, rising costs of supplies, new expenses for personal protective equipment, and a decrease in the public’s willingness to dine out.

The National Restaurant Association estimates that more than 237,000 restaurant employees in Virginia have been laid off or furloughed since March – representing at least 78 percent of the 305,000 employees that were working at Virginia’s eating and drinking places in February.

The Senate bill was led by Senators Roger Wicker (R-MS) and Kyrsten Sinema (D-AZ) and was cosponsored by Senators Lindsey Graham (R-SC), Chris Coons (D-DE), Doug Jones (D-AL), Cory Gardner (R-CO), Thom Tillis (R-NC), Bob Casey (D-PA), Jeff Merkley (D-OR), and Catherine Cortez-Masto (D-NV).

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-Va.) joined Sen. Chris Van Hollen (D-Md.) and a bipartisan group of Senators in sending a letter to Majority Leader Mitch McConnell and Minority Leader Chuck Schumer urging them to include maximum telework requirements for federal employees and contractors in the next coronavirus relief package. 

“As the Senate considers the next coronavirus relief package, we urge you to include requirements to ensure maximum telework for federal employees and contractors during the COVID-19 pandemic. Federal employees and contractors have been teleworking successfully throughout the COVID-19 public health emergency, many of whom have been keeping vital services running and implementing relief measures to support the economy and stop the spread of COVID-19,” the Senators begin.

“As new waves of COVID-19 cases continue to hit areas across the country, it is especially important for federal agencies to have a clear mandate that sets a positive example for employers to keep their workforces and communities safe. Plans to bring federal employees back into offices prematurely would threaten to erase the progress made against the coronavirus and increase community spread,” they continue. 

They emphasize the public health benefits of telework, writing, “All federal employees and contractors who can perform their duties remotely should be doing so. Agencies should enable telework for as many federal workers and contractor personnel as possible, and should continue to maximize telework throughout the pandemic. Telework protects not only federal employees from the spread of COVID-19, but also their families and the communities across the country in which they work.”

Along with Sens. Warner and Van Hollen, the letter was signed by Senators Lisa Murkowski (R-Alaska), Sherrod Brown (D-Ohio), Tim Kaine (D-Va.), Bernie Sanders (I-Vt.), Mazie Hirono (D-Hawaii), Elizabeth Warren (D-Mass.), Ron Wyden (D-Ore.), Kamala Harris (D-Calif.), Ben Cardin (D-Md.), Dianne Feinstein (D-Calif.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Kyrsten Sinema (D-Ariz.), Bob Casey (D-Pa.), Gary Peters (D-Mich.), Angus King (I-Maine), Maggie Hassan (D-N.H.), Jeanne Shaheen (D-N.H.), Richard Blumenthal (D-Conn.), and Debbie Stabenow (D-Mich.). 

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

Dear Leader McConnell and Leader Schumer: 

As the Senate considers the next coronavirus relief package, we urge you to include requirements to ensure maximum telework for federal employees and contractors during the COVID-19 pandemic. Federal employees and contractors have been teleworking successfully throughout the COVID-19 public health emergency, many of whom have been keeping vital services running and implementing relief measures to support the economy and stop the spread of COVID-19.

As new waves of COVID-19 cases continue to hit areas across the country, it is especially important for federal agencies to have a clear mandate that sets a positive example for employers to keep their workforces and communities safe. Plans to bring federal employees back into offices prematurely would threaten to erase the progress made against the coronavirus and increase community spread.

All federal employees and contractors who can perform their duties remotely should be doing so. Agencies should enable telework for as many federal workers and contractor personnel as possible, and should continue to maximize telework throughout the pandemic. Telework protects not only federal employees from the spread of COVID-19, but also their families and the communities across the country in which they work.

We appreciate your past support for federal employees and the funding provided in the CARES Act to help agencies expand telework. We ask that you continue this support by requiring maximum telework in the federal government during the COVID-19 pandemic as part of the next coronavirus relief package. 

Sincerely,

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) took to the Senate floor to request immediate passage of the States Achieve Medicaid Expansion (SAME) Act to allow states – including Virginia – to further benefit from expanding Medicaid, and to further incentivize states who have not yet expanded to do so. Immediately after Sen. Warner requested to pass the SAME Act by unanimous consent, Senate Republican objected and thereby blocked the immediate passage of this crucial legislation, which would have brought in additional federal Medicaid dollars for states during the greatest public health crisis in generations.

Sen. Warner’s request comes as the nation surpasses four million COVID-19 cases and Americans find themselves increasingly without health care after having lost their jobs and their employment-connected benefits.

“I can think of no better time to pass this legislation than right now, when more than 5 million Americans find themselves having lost their health care coverage in the last three months alone. In fact, some reports actually estimate that nearly 27 million Americans have lost their employer-sponsored health insurance and are now in jeopardy of becoming uninsured,” Sen. Warner said on the Senate floor. “Estimates show that if every state were to expand its Medicaid program, about 3 million additional Americans would have health care coverage. This is not a political argument nor a philosophical exercise – this legislation has a real-world impact and it’s clear that Americans want and need this legislation to pass.”

He continued, “Across our nation, Americans are making clear they want expanded access to health coverage – and Congress needs to listen. With all due respect to my Republican colleagues, you can’t say you want to help Americans in this devastating time and simultaneously oppose this bill, which would do just that. As we stand here in this chamber, we have the privilege of knowing that we and our families have access to the health care coverage we need. That if anything were to go wrong, we would be covered. So why shouldn’t we ensure that same access for more Americans?” 

The SAME Act would allow states like Virginia that expanded Medicaid after 2014 to receive the same full federal matching funds as states that expanded earlier under the terms of the Affordable Care Act. Under this legislation, the 14 states that have not expanded Medicaid would also be eligible for increased federal funds once they choose to expand the program. 

The Affordable Care Act provides financial support to states that have expanded their existing Medicaid programs to provide healthcare coverage to all individuals up to 138 percent of the federal poverty level. The federal government covers the full cost of expansion for three years, phasing down to a 90 percent match rate for the sixth year of the expansion and in subsequent years. Currently, states choosing to expand coverage after 2014 do not receive the same federal matching rates as those that expanded immediately. This is due to the Supreme Court’s holding in National Federation of Independent Business (NFIB) v. Sebelius, which made expansion optional for states, despite intentions to make Medicaid expansion national in 2014. The SAME Act would ensure that any states that expand Medicaid receive an equal level of federal funding for the expansion, regardless of when they chose to expand.

In his remarks, Sen. Warner noted the $14,000 median cost of a COVID-19-related hospitalization and stressed this cost could mean bankruptcy for the 30 million Americans without health insurance.  

“I know my colleagues on the other side of the aisle want to do right by their constituents and the millions of Americans that need help. So today, I ask you to come together to support the SAME Act,” stressed Sen. Warner. “No one should go bankrupt because they got sick and sought medical care. But more importantly, no one should go bankrupt when this legislative body has the opportunity to act. Let’s do the right thing here – put politics aside and pass this commonsense legislation.”

Sen. Warner’s floor remarks as originally prepared for delivery are available below:

Madam President, I rise today to talk about an issue that is weighing on too many American families right now, and that’s access to health care coverage. 

We’re in the midst of the greatest public health crisis in generations. And this unprecedented time calls for equally unprecedented action from this Congress.  

Today, I come to the floor to pass legislation I introduced along with Senator Doug Jones and several of our colleagues – legislation that could provide access to quality and affordable health care coverage for millions of Americans.

To be clear, the SAME Act is the bill I’ve been pushing for more than three years. This bill was a good idea before this pandemic, but the need for it has become even greater in light of the COVID-19 outbreak.

The SAME Act would ensure that states like Virginia – that have expanded their Medicaid programs to serve more Americans – can get their fair share of federal matching dollars. It would also incentivize additional states – who haven’t yet expanded Medicaid – to expand this critical program to millions more Americans. 

I can think of no better time to pass this legislation than right now, when more than 5 million Americans find themselves having lost their health care coverage in the last three months alone.

In fact, some reports actually estimate that nearly 27 million Americans have lost their employer-sponsored health insurance and are now in jeopardy of becoming uninsured.

My legislation would provide much-needed financial support to states that are seeing an increase in Medicaid enrollment, as folks face the fallout of this crisis. And for those millions of people, the SAME Act would provide a significant lifeline.

Estimates show that if every state were to expand its Medicaid program, about 3 million additional Americans would have health care coverage.

This is not a political argument nor a philosophical exercise – this legislation has a real-world impact and it’s clear that Americans want and need this legislation to pass. 

Take Oklahoma, for example. Just a few weeks ago, Oklahomans voted to expand their Medicaid program to provide broader access to coverage. We have seen similar actions from citizens in Utah, Maine, Idaho, and others. 

Across our nation – Americans are making clear they want expanded access to health coverage – and Congress needs to listen.

With all due respect to my Republican colleagues, you can’t say you want to help Americans in this devastating time and simultaneously oppose this bill, which would do just that.  

As we stand here in this chamber, we have the privilege of knowing that we and our families have access to the health care coverage we need. That if anything were to go wrong, we would be covered. So why shouldn’t we ensure that same access for more Americans? 

The median cost of a hospitalization due to COVID-19 is $14,000. For Americans without health insurance – the nearly 30 million and growing – that could mean losing their house or their car… It could mean bankruptcy. 

I know my colleagues on the other side of the aisle want to do right by their constituents and the millions of Americans that need help. So today, I ask you to come together to support the SAME Act.

No one should go bankrupt because they got sick and sought medical care. But more importantly, no one should go bankrupt when this legislative body has the opportunity to act.  

Let’s do the right thing here – put politics aside and pass this commonsense legislation. Thank you. 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) urged President Trump to work with the Centers for Disease Control and Prevention (CDC) to create and deploy teams of epidemiologists to the immigration detention center in Farmville, Va., where nearly every detainee has contracted COVID-19. This disastrous situation comes despite repeated requests by Sens. Warner and Kaine, who have urged the Trump Administration time and time again to cease the transfer of detained individuals during the current public health crisis.

“In early June, despite the COVID-19 pandemic, ICE transferred over 70 detainees to Farmville ICA from COVID-19 hotspots in Florida and Arizona. Within two weeks of their transfer, more than half of these detainees tested positive for COVID-19. There are now 287 confirmed cases of COVID-19 amongst detainees, which is approximately 80% of the population housed at Farmville, and 26 confirmed cases amongst staff members,” wrote the Senators.

They continued, “The Farmville ICE facility and surrounding community now face a dire situation where almost every detainee at the Farmville facility has tested positive for COVID-19. This presents a clear risk to individuals within the facility, but also endangers the broader community as facility staff and released detainees have interaction with the general public.”

In the letter, the Senators requested that the Trump Administration bring teams of epidemiologists to Farmville to conduct an overall assessment of the situation at the immigration detention facility – a request that has been backed by Virginia Governor Ralph S. Northam. 

Sens. Warner and Kaine have repeatedly pushed this Administration to prevent and mitigate the spread of COVID-19 in Virginia detention facilities. In June, after a transfer that resulted in a spike of more than 50 COVID-19 cases at Farmville, the Senators urged the Department of Homeland Security (DHS) to prioritize the health of detainees and workers. Nearly a month later, with approximately 80 percent of the Farmville population testing positive for COVID-19, the Senators once again pressed ICE and DHS to stop transfers between facilities. They also posed a series of questions regarding the measures in place to safeguard the health of people in custody, staff members, and the community.

Full text of today’s letter is available here or below.

The Honorable Donald J. Trump

President of the United States

The White House

1600 Pennsylvania Ave., NW

Washington, D.C. 20500

Dear President Trump: 

On July 16, 2020, we sent a letter to Department of Homeland Security (DHS) Acting Secretary Chad Wolf and Immigration and Customs Enforcement (ICE) Acting Director Matthew Albence regarding the outbreak of the 2019 Novel Coronavirus (COVID-19) at the ICE detention facility in Farmville, Virginia.  Among other things, we asked Acting Secretary Wolf and Acting Secretary Albence to work with the Centers for Disease Control and Prevention (CDC) to create and deploy teams of epidemiologists to conduct an overall assessment of the situation at the Farmville facility.  We write today to reiterate that request, which Virginia Governor Ralph S. Northam also supported in a July 22, 2020 letter to you.

In early June, despite the COVID-19 pandemic, ICE transferred over 70 detainees to Farmville ICA from COVID-19 hotspots in Florida and Arizona. Within two weeks of their transfer, more than half of these detainees tested positive for COVID-19. There are now 287 confirmed cases of COVID-19 amongst detainees, which is approximately 80% of the population housed at Farmville, and 26 confirmed cases amongst staff members. 

The Farmville ICE facility and surrounding community now face a dire situation where almost every detainee at the Farmville facility has tested positive for COVID-19.  This presents a clear risk to individuals within the facility but also endangers the broader community as facility staff and released detainees have interaction with the general public.  It is incumbent upon your administration to work with the CDC to create and deploy teams of epidemiologists to conduct an assessment of the pandemic’s impact at the Farmville ICE facility. State and local officials stand ready to support the CDC in efforts to help contain the current outbreak before it spreads to the surrounding Farmville community.

We must prioritize the health and well-being of the detainees and staff at the Farmville ICE facility as well as the Farmville community. We appreciate your attention to these issues and look forward to working together to address the public health crisis at the ICA Farmville detention facility.

Sincerely,

Mark R. Warner and Tim Kaine

Cc: Dr. Robert Redfield, Director of Centers for Disease Control and Prevention 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued the following statement today in response to the release of the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act – the proposal put forward by the White House and Senate Republican leaders as a starting point for bipartisan, bicameral negotiations on another COVID-19 relief package:

“The Democratic House passed the HEROES Act ten weeks ago. Since then, the health and economic crisis has continued unabated. Millions of Americans are facing eviction or foreclosure; state and local governments are drowning in red ink; and 30 million Americans relying on unemployment to survive are facing the expiration of expanded benefits this week. Instead of taking urgently needed steps to address these problems, the White House and Senate Republican leaders have put forward a bill that fails to match the scale of the crisis or the needs of the American people. Instead, their proposal focuses on liability protections for businesses, as though that is our country’s most urgent challenge right now, and bizarrely includes money for a new FBI building in Washington, D.C. that has no connection to the current crisis and which the FBI neither wants or needs, having already spent millions planning for a new headquarters building in Virginia or Maryland.

“In our conversations with the Administration and our colleagues from both parties, we will be strongly advocating for a bill that funds critical priorities like healthcare and testing, rental and mortgage assistance, broadband access, child care, K-12 and higher education, job training, election security, hunger assistance, and help for communities of color that have been disproportionately hard-hit by the effects of COVID-19. The American people simply cannot afford for the Senate to waste any more time in addressing these urgent crises, and we are eager to work with anyone, Republican or Democrat, who is ready to do something about these serious challenges.” 

The U.S. House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act on May 15 by a vote of 208 - 199.

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WASHINGTON – U.S. Senator Ben Cardin and Chris Van Hollen (Both D-Md.) and Mark R. Warner and Tim Kaine (Both D-Va.) are calling on Senate leadership to reject the Trump adminstration’s attempt to add funding for a downtown headquarters for the Federal Bureau of Investigation (FBI) into the latest COVID-19 relief package. The four senators urged that the language be removed from any COVID-19 legislation.

“The United States is in the midst of a public health crisis and an economic downturn. Addressing these related challenges requires us to work together to consider the ways Americans have been suffering during this pandemic and the many different sectors of our economy that have been impacted. Faced with this formidable task, the Administration’s request for nearly two billion dollars for a pet real estate project reveals a warped sense of priorities and further demonstrates its inability to formulate a plan to lead us forward,” the senators wrote in their letter to Senators Mitch McConnell, Chuck Schumer, Richard Shelby and Patrick Leahy.

“To make progress towards this common goal of providing our FBI agents with the facility they deserve, perhaps the Administration can answer the backlog of questions from Congress about why, at great cost to American taxpayers, it abandoned efforts to develop a new campus headquarters for the FBI, and it can cooperate with the ongoing Department of Justice Inspector General’s investigation into this conduct. These actions would be more productive than asking taxpayers to fund this proposal in an unrelated COVID-19 relief bill,” they added.

“We look forward to working with you on an effective relief package that provides essential support to American families, workers, and the economy.”

The full letter can be found at this link.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) continued to seek answers from the National Park Service (NPS) regarding the killing of Fairfax County resident Bijan Ghaisar by U.S. Park Police (USPP) officers in 2017. For over two years, Sen. Warner has sought transparency into the circumstances surrounding the use of deadly force, the FBI’s review of the case, and the handling of the incident by the Department of the Interior.

“I am deeply disappointed in the lack of actual information provided in your letter, especially considering it took over seven months to receive a response to my original correspondence. The response and recent public comments made by the Department of the Interior raise some additional questions that require further clarification,” wrote Sen. Warner. “One specific aspect of NPS and USPP’s handling of the Bijan Ghaisar case that has not been adequately explained is the status of an internal affairs investigation related to the Park Police officers involved in the incident.”

In his letter, Sen. Warner pointed to contradictory comments from USPP regarding the status of an internal affairs investigation into the officers that were involved in the incident. In response, Sen. Warner requested answers to a number of questions regarding the Department of the Interior’s position on such an investigation: 

1. Is the Park Service and the Park Police relying on written guidance within the USPP Internal Affairs Unit or elsewhere within NPS when claiming it is the position of the agency that it does not pursue internal affairs investigations while criminal investigations are ongoing or could potentially be forthcoming? If such written guidance exists, I request that you provide my office with a copy of this policy. If no such written policy exists, I ask that you provide a fulsome explanation as to how this became the current position of USPP and NPS, including the legal justification for the agency’s position on this matter. 

2. Are there previous examples where the USPP Internal Affairs Unit has conducted an internal affairs investigation regarding the use of force by Park Police officers while outside civil or criminal investigations were ongoing or potentially forthcoming? If there are such instances, I request that you provide my office with documentation regarding these investigations and an explanation of how they differ from the situation regarding Mr. Ghaisar.

3. In the updated USPP General Order on Use of Force policy (#3615), a section is included regarding the reporting of use of force incidents. In this section, it states that an officer “shall immediately report all uses of force beyond Cooperative or Contact controls to an immediate supervisor,” and that “[t]he supervisor shall submit a copy of all reports within 24 hours to the Commander, Office of Professional Responsibility (OPR), and the appropriate Division Commander through the appropriate chain of command.” It continues, “[t]he Commander, OPR, shall ensure all use of force incidents are properly investigated,” and provides the OPR Commander authority to assign the Internal Affairs Unit to conduct a thorough investigation of an incident if deemed necessary.^[1]. 
   
   How do these new reporting requirements compare to the guidelines in place at the time of the Bijan Ghaisar incident? The updated guidelines appear to have no qualifications that would prevent the Internal Affairs Unit from conducting an investigation concurrently with any potential civil or criminal investigation associated with an incident pertaining to the use of force by a Park Police officer. Would these reporting requirements spelled out in the updated General Orders on Use of Force be subjected to USPP’s current stated policy that it does not initiate internal affairs investigations if a criminal investigation is possible, even if the OPR Commander determines an incident is worthy of an internal affairs investigation? 

4. When the Fairfax County Commonwealth’s Attorney makes a formal decision of whether or not to bring criminal charges against the two Park Police officers involved in the shooting of Bijan Ghaisar, what is the anticipated timeline for the USPP Internal Affairs Unit to determine if any violations of USPP policy occurred?

In January of 2018, Warner, along with Sen. Tim Kaine (D-VA) and Rep. Don Beyer (D-VA), pushed the FBI for an update on the status of its investigation into the fatal 2017 shooting. In October of that year, Warner sent a letterto the head of the National Park Service (NPS) regarding the circumstances under which U.S. Park Police officers engaged with Mr. Ghaisar.

In June of 2019, Sen. Warner along with Sen. Chuck Grassley (R-IA) decried the opaque and drawn-out nature of the review in letters to both the FBI and NPS. Two months later, the FBI provided a brief response, leaving many questions unanswered. In October, NPS provided a partial response, which prompted a follow-up letter from the Senators seeking more information.

In November 2019, the Senators pledged to seek greater transparency and formally requested an FBI briefing on its investigation into the shooting – shortly after the FBI concluded its lengthy investigation without fully explain its findings, including why the two officers opened fire on Ghaisar. Earlier this year, Sen. Warner voted against the nomination of Katharine MacGregor to be Deputy Secretary of the Interior, and in May, announced that he would place a hold on future Department of the Interior nominees until he receives adequate responses to his questions surrounding the Park Service’s handling of the shooting.

A copy of today’s letter is available here and below.

July 24, 2020

The Honorable David Vela

Acting Director

National Park Service

1849 C Street NW

Washington, D.C. 20240 

Dear Acting Director Vela: 

Thank you for the letter, sent June 3, 2020, which aimed to respond to a letter Senator Grassley and I sent to you on November 1, 2019, that raised serious questions regarding the National Park Service’s (NPS) and United States Park Police’s (USPP) handling of the Bijan Ghaisar case. While I appreciate that you responded, I am deeply disappointed in the lack of actual information provided in your letter, especially considering it took over seven months to receive a response to my original correspondence. The response and recent public comments made by the Department of the Interior raise some additional questions that require further clarification.

One specific aspect of NPS and USPP’s handling of the Bijan Ghaisar case that has not been adequately explained is the status of an internal affairs investigation related to the Park Police officers involved in the incident. In response to my question regarding the status of a potential internal affairs investigation, you replied that “the National Park Service (NPS) does not typically comment on the substance or specific aspect of such reviews before they are complete,” and “[w]e can confirm that the Department has begun evaluating next steps in the context of pending cases and possible criminal action by the Fairfax County Prosecutor’s Office.” However, on May 20, 2020, a representative for USPP commented, “no internal affairs investigation of this case will begin until after a decision is made by Fairfax on filing criminal charges.”  While other questions remain surrounding the Department’s handling of Bijan’s shooting, I have a number of specific questions regarding the Department’s position on a potential internal affairs investigation.

1.           Is the Park Service and the Park Police relying on written guidance within the USPP Internal Affairs Unit or elsewhere within NPS when claiming it is the position of the agency that it does not pursue internal affairs investigations while criminal investigations are ongoing or could potentially be forthcoming? If such written guidance exists, I request that you provide my office with a copy of this policy. If no such written policy exists, I ask that you provide a fulsome explanation as to how this became the current position of USPP and NPS, including the legal justification for the agency’s position on this matter.

2.           Are there previous examples where the USPP Internal Affairs Unit has conducted an internal affairs investigation regarding the use of force by Park Police officers while outside civil or criminal investigations were ongoing or potentially forthcoming? If there are such instances, I request that you provide my office with documentation regarding these investigations and an explanation of how they differ from the situation regarding Mr. Ghaisar.

3.           In the updated USPP General Order on Use of Force policy (#3615), a section is included regarding the reporting of use of force incidents. In this section, it states that an officer “shall immediately report all uses of force beyond Cooperative or Contact controls to an immediate supervisor,” and that “[t]he supervisor shall submit a copy of all reports within 24 hours to the Commander, Office of Professional Responsibility (OPR), and the appropriate Division Commander through the appropriate chain of command.” It continues, “[t]he Commander, OPR, shall ensure all use of force incidents are properly investigated,” and provides the OPR Commander authority to assign the Internal Affairs Unit to conduct a thorough investigation of an incident if deemed necessary.  

How do these new reporting requirements compare to the guidelines in place at the time of the Bijan Ghaisar incident? The updated guidelines appear to have no qualifications that would prevent the Internal Affairs Unit from conducting an investigation concurrently with any potential civil or criminal investigation associated with an incident pertaining to the use of force by a Park Police officer. Would these reporting requirements spelled out in the updated General Orders on Use of Force be subjected to USPP’s current stated policy that it does not initiate internal affairs investigations if a criminal investigation is possible, even if the OPR Commander determines an incident is worthy of an internal affairs investigation? 

4.           When the Fairfax County Commonwealth’s Attorney makes a formal decision of whether or not to bring criminal charges against the two Park Police officers involved in the shooting of Bijan Ghaisar, what is the anticipated timeline for the USPP Internal Affairs Unit to determine if any violations of USPP policy occurred?

Thank you for your attention to the questions outlined above. Should you or your staff have any questions regarding this request, please contact my staff.

Thank you for your attention to this matter. I look forward to your response.

Sincerely,

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