Press Releases

WASHINGTON- U.S. Senator John Cornyn (R-TX), Senate Select Committee on Intelligence Chairman Richard Burr (R-NC), and Vice Chairman Mark Warner (D-VA) issued the following statements after the Senate passed their legislation, the Secure 5G and Beyond Act, yesterday to require the President to develop a strategy to ensure the security of next-gen mobile telecommunications systems and infrastructure in the United States, as well as assist allies in maximizing the security of their systems, infrastructure, and software:

“As our telecommunications technology advances, we must have plans in place to keep it secure from foreign interference,” said Sen. Cornyn. “I’m grateful to my colleagues for recognizing the risks that come along with the rewards of 5G technology, and I urge the House to pass this legislation as soon as possible.”

“It’s imperative we not only understand the revolutionary value of next-gen communications, but also the security measures required to ensure the deployment of safe and secure 5G networks,” said Sen. Burr. “I’m proud to work with my colleagues on this important legislation, which will bring together a variety of industry experts, further protect Americans’ privacy rights, and better equip our nation with a comprehensive strategy as we continue to be a global leader in technology.”

“5G promises to usher in a new wave of innovations, products, and services. At the same time, the greater complexity, density, and speed of 5G networks relative to traditional communications networks will make securing these networks harder and more complex. It’s why we need a coherent, national strategy to harness the advantages of 5G in a way that addresses those risks,” said Sen. Warner.

Background on the Secure 5G and Beyond Act:

  • Requires the President to create an inter-agency strategy to secure 5th generation and future generation technology and infrastructure in the United States and with our strategic allies.
  • Designates NTIA to coordinate implementation of the plan in coordination with: the Chairman of the FCC, the Secretary of Homeland Security, the Director of National Intelligence, the Attorney General, Secretary of State and the Secretary of Defense.
  • Ensures that the strategy and implementation plan do not include a recommendation to nationalize 5th generation deployment or future generations of mobile telecommunications infrastructure in the United States.

Senator John Cornyn, a Republican from Texas, is a member of the Senate Finance, Intelligence, and Judiciary Committees.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senators Patty Murray, Ron Wyden and 35 of their Democratic colleagues in demanding that Secretary of Health and Human Services (HHS) Alex Azar take immediate action to address the many ways the Trump Administration’s health care sabotage has undermined our preparedness for and ability to respond to the novel coronavirus outbreak. Specifically, the Senators asked Secretary Azar to commit to making any potential coronavirus vaccine affordable to all, stop promoting junk plans that don’t cover the care necessary to prevent the spread of the virus, and stop promoting efforts to undermine Medicaid that jeopardize people’s health care.

Warner and Kaine believe no patient should be discouraged from accessing necessary medical care because of the risk of large bills or a lack of health coverage—especially the midst of a public health threat. But, as the Senators outlined in their letter to Azar, the Trump Administration has advanced a laundry list of policies that have made it harder for patients to get care, and thus weakened our ability to respond effectively to the coronavirus outbreak.

“When a patient who has potentially been exposed to the virus develops symptoms consistent with COVID-19, they should be able to seek appropriate medical care without being deterred by the risk of large bills. Patients often forego recommended tests and treatments because of cost,” said the Senators. “For this reason, we are deeply concerned both by your refusal to commit that a potential vaccine for coronavirus will be affordable to anyone who needs it, and this Administration’s numerous policies that make it harder for patients to get care during an outbreak.”

The Senators urged HHS to prioritize our nation’s public health and:

  • Commit to ensuring any future coronavirus vaccine is affordable for all. The Trump Administration has thus far refused to put in place price guardrails that would ensure everyone could access a potentially critical vaccine.
  • Rescind the junk plan rule. The Trump Administration has expanded and promoted junk plans that discriminate against people with pre-existing conditions  and don’t cover essential health benefits like hospital care, emergency care, laboratory services, or preventive services. These plans have already left a patient with an exorbitant bill for necessary care to help combat the spread of coronavirus. Junk plans could even stick patients with the bill for a potential coronavirus vaccine.
  • Withdraw the 1332 waiver guidance. The Administration released guidance encouraging states to apply for waivers that allow for the sale of coverage that doesn’t meet consumer protections for comprehensiveness and affordability. Reducing the comprehensiveness of coverage could leave patients paying bills for necessary care, like tests or vaccines.
  • Stop working to undermine Medicaid by promoting barriers like work requirements. Medicaid is crucial to our ability to respond to public health crises, but the Trump Administration’s attacks–like promoting harmful work requirements–have already led to patients being kicked off the program and losing access to health care.

The Senators also urged the Administration to stop undermining the Affordable Care Act (ACA) with a partisan lawsuit. If the lawsuit is successful, millions of families could lose access to health care or be covered only by a junk plan, and any patient who contracts the coronavirus could face future discrimination from insurers for having a pre-existing condition.

The full text of the letter is below and HERE.

Dear Secretary Azar,

We write to express our serious concern that this Administration’s health care sabotage and absence of a plan to lower drug prices undermine our ability to respond to the 2019 Novel Coronavirus (COVID-19) and future infectious disease outbreaks within the United States. In a February 25th briefing, the Centers for Disease Control and Prevention (CDC) indicated that a domestic COVID-19 outbreak is inevitable, warning “it’s not a question of if, but rather a question of when and how many people in this country will have severe illness.”[1] It is clear that all available measures should be employed to address this urgent public health threat.

When a patient who has potentially been exposed to the virus develops symptoms consistent with COVID-19, they should be able to seek appropriate medical care without being worried they cannot afford it. Patients often forego recommended tests and treatments because of cost.[2] For this reason, we are deeply concerned both by your refusal to commit that a potential vaccine for coronavirus will be affordable to anyone who needs it,[3] and by this Administration’s numerous policies that make it harder for patients to get care during an outbreak.

In testimony before the House Energy and Commerce Committee this week, when asked whether your Department would ensure that a vaccine will be affordable for anyone who needs it, you replied that you would “work to make it affordable,” but stopped short of committing that patients and families would be able to afford a vaccine. One consumer advocacy group estimates that the National Institutes of Health (NIH) have already invested $700 million in coronavirus research, while this Administration is refusing to place guardrails around the cost of a potentially critical vaccine in the middle of a global outbreak.[4] We call on you to commit -- as Administration policy -- that anyone who needs it will be able to afford a vaccine for coronavirus.

This Administration’s health care sabotage also undermines readiness for a COVID-19 outbreak in the United States by endangering patient access to care.  The Administration has promoted junk insurance plans that can discriminate against people with pre-existing conditions and that do not comply with consumer protections like the essential health benefits and out-of-pocket limitations, distorted 1332 waivers to permit states to undermine the market for comprehensive coverage, and proposed damaging changes to Medicaid – which is critical to helping states react to public health emergencies – like block grants and work requirements.

Just this week, a patient in Miami, Florida presented at a hospital with flu-like symptoms after returning from a work trip to China.[5] He realized his symptoms might not be a simple common cold and felt compelled to get tested for coronavirus. Fortunately, tests confirmed he had seasonal influenza and not COVID-19. Unfortunately, two weeks later, he received a bill with charges totaling $3,270 and a note that his short-term limited duration insurance (STLDI) or “junk” plan would not pay the costs without further documentation. More bills may follow, and the insurer that sold his “junk” plan is requiring the patient to provide three years of medical records to prove that his flu is not related to a pre-existing condition. Even if the insurance covers the encounter – which it’s not clear they will – the patient would still be on the hook to pay $1,400 out-of-pocket for the brief diagnostic encounter.

This patient’s experience is a foreboding tale about the public health catastrophe that will ensue if patients avoid seeking a diagnosis because the Trump Administration is once again allowing insurers to stick patients with huge bills for necessary care. As the patient put it, “How can they expect normal citizens to contribute to eliminating the potential risk of person-to-person spread if hospitals are waiting to charge us $3,270 for a simple blood test and a nasal swab?”

Insurers who sell junk plans are allowed to discriminate against people with pre-existing conditions by denying them coverage, excluding critical benefits and charging higher premiums. Additionally, the Trump Administration does not require junk plans to comply with consumer protections that limit out-of-pocket costs or require coverage of essential health benefits, including those that are needed to pay for the diagnosis, treatment, and prevention of COVID-19 like hospital care, emergency care, laboratory services, or preventive services. Junk plans aren’t even required to cover preventive services at no cost to patients, meaning they could stick patients with the bill for a potential coronavirus vaccine in the middle of an outbreak.

The Trump Administration’s subsequent 1332 guidance creates additional risks for addressing outbreaks. In addition to expanding the sale of STLDI, this guidance proposes that states allow the sale of other kinds of plans that would not cover essential health benefits, including laboratory services, hospital services, emergency care, and preventive care. This guidance would even let states encourage residents to sign up for junk plans by using taxpayer dollars to subsidize them.

Additionally, instead of promoting policies to support one of our most effective public health tools, the Medicaid program, this Administration is doing everything in its power to undermine it. Medicaid plays a critical role in helping states respond to disasters and public health emergencies. For example, Medicaid was able to provide enhanced funding and coverage in response to public health crises such as the Zika virus outbreak in Puerto Rico, the water contamination in Flint, Michigan, and the national opioid epidemic.[6]

Yet, this Administration continues to attack  the Medicaid program at every turn. As part of its 2021 budget, this Administration proposes to slash Medicaid by $920 billion. It has also proposed to gut Medicaid through block grants and caps that would restrict the ability of states to respond to public health emergencies like the coronavirus. It continues to support other harmful proposals, including policies included in the Medicaid fiscal accountability regulation that would slash funding to states, rescissions of access protections, the public charge rule and more that threaten  access to essential care for those impacted by public health crises. It also has promoted harmful proposals like work requirements, which have led to patients being kicked off the program and losing access to affordable health care.

Finally, if successful, the Administration’s ACA lawsuit would rip away health coverage from millions of Americans benefiting from the Medicaid expansion and the exchanges who depend on these programs for access to essential care including preventive services such as vaccines and diagnostic tests. The Administration is trying to allow all insurers to once again be able to discriminate against people with pre-existing conditions. If the lawsuit is successful, a patient who comes down with COVID-19 could face future discrimination by their insurer, denying them crucial care.

To give patients and providers the tools to grapple with this developing public health crisis, we ask that you take immediate action to ensure the affordability of a potential coronavirus vaccine. We also ask that you rescind the Administration’s “junk” plan rule, withdraw the 2018 guidance that undermines implementation of the1332 waiver guardrails as Congress intended, and stop the ongoing attacks on the Medicaid program, including the recently proposed block grant policy and other policies that would undermine this critical public health tool. Now more than ever, it is essential to protect patients and families and to encourage them to seek appropriate care when they become ill. We look forward to your response.

Sincerely,

 

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) was joined by Sens. Cory Gardner (R-CO), Steve Daines (R-MT), Joe Manchin (D-WV), Lamar Alexander (R-TN), Maria Cantwell (D-WA), Rob Portman (R-OH), Angus King (I-ME), Martin Heinrich (D-NM), Michael Bennet (D-CO) and Jon Tester (D-MT) in announcing a path forward for the Restore Our Parks Act – legislation championed by Sen. Warner to address the $12 billion maintenance backlog at national parks across the country. Yesterday, the President announced that he would back the bipartisan legislation, as well as full and permanent funding for the Land and Water Conservation Fund (LWCF). For nearly three years, Sen. Warner has led the effort to provide relief to national parks in Virginia, where the increasing maintenance backlog currently sits at more than $1.1 billion dollars and surpasses that of every state except for California and the District of Columbia.

“We’ve been working on the parks legislation for the last four-plus years, and as Rob mentioned, it has broad bipartisan support,” said Sen. Warner. “We’ve got a nearly $12 billion backlog. In my state, Virginia, it is more than $1 billion dollars of that backlog. And we’re not only talking about trails and bridges. Anybody who lives in the national capital region – you commute on G.W. Parkway, you can see the deteriorated state of that road. That is one of those assets that we have deferred maintenance on.”

He continued, “Deferred maintenance is simply a bill put off. We’re going to provide in this legislation $6.5 billion dollars – so about 50 percent of those needs we’ve met. Once this bill gets implemented and put into law, it will put 100,000 Americans to work on this restoration – 10,000 in Virginia.”

The Restore Our Parks Act, which has been praised by key stakeholders, would reduce the maintenance backlog by establishing the “National Park Service Legacy Restoration Fund” and allocating existing revenues the government receives from on and offshore energy development. This funding would come from 50 percent of all revenues that are not otherwise allocated and deposited into the General Treasury, not to exceed $1.3 billion each year for the next five years.

In November, the Restore Our Parks Act was overwhelmingly approved by the Senate Energy and Natural Resources Committee and sent to the Senate floor, where it awaits approval.

A full list of deferred maintenance needs at Virginia’s national parks can be found here.

A link to the full press conference is available here.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued a statement today after bipartisan Capitol Hill negotiators reached an agreement on an emergency funding bill to combat the coronavirus (COVID-19):

“After the Trump Administration initially requested just $1.25 billion in new money for federal agencies to combat the spread of the coronavirus, we’re pleased to see that congressional negotiators were able to agree on an emergency spending package totaling $7.8 billion to help prepare for and treat the spread of coronavirus – including funding for diagnostic testing, vaccine development, and additional resources for state and local responders who are on the front lines of a potential pandemic,” said the Senators. “Once this bill is signed into law, Virginia will immediately receive $13.3 million in federal funding from the Centers for Disease Control and Prevention (CDC) to cover some of the costs of preparing for this public health emergency.”

“Under the terms of this bipartisan bill, states and localities will also be able to apply for further federal funds to reimburse for the costs of detecting, tracking and controlling the spread of the virus. Furthermore, this bill sets aside $350 million that will be available to local authorities if our region gets hit by an outbreak – as well as $500 million for masks, medication, protective equipment and other much-needed medical supplies that will be distributed directly to hospitals and local providers. We will continue to work with state and local health officials to ensure that the Commonwealth is getting the federal support it needs to prepare for coronavirus, and we encourage all Virginians to heed the warnings of public health professionals to protect against its spread,” concluded the Senators.

The agreement also includes language based on Sen. Warner’s CONNECT for Health Act of 2019, which cuts restrictions on the use of telehealth for public health emergency response, as well as $500 million to facilitate its implementation.

In January, Sens. Warner and Kaine  asked the Administration to redirect available public health funds to combat the virus and to inform Congress of any additional resources needed to respond to the coronavirus. Earlier this week, in a letter to Vice President Mike Pence – who has been tasked with coordinating the federal government’s coronavirus response – Sen. Warner expressed concern over how the U.S. government has mobilized to combat the outbreak of coronavirus, and urged the Vice President to devote the resources, expertise and manpower needed to prevent this virus from spreading while also improving the government’s communication with Congress and the American public. This week, Sen. Kaine joined letters calling on Secretary of Education Betsy DeVos and Secretary of Labor Eugene Scalia to provide details on their Departments’ plans for preparedness and response efforts to protect the safety and health of students, teachers, school staff, and workers in light of the emerging threat of the novel coronavirus.

Earlier today, the Senators urged health insurers and federal and state officials to eliminate cost burdens that could disincentivize people with coronavirus symptoms from seeking testing and treatment for the contagious illness.

Draft text of the emergency funding bill is available here. The Senate is expected to vote on the legislation before the end of this week.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today urged health insurers and federal and state officials to eliminate cost burdens that could disincentivize people with coronavirus symptoms from seeking testing and treatment for the contagious illness.

“We are fortunate that to date there have been no confirmed cases of the coronavirus in Virginia. While public health officials have warned us to expect the virus to spread, we must work to contain the virus as much as possible. In order to limit the spread of this deadly disease, we must ensure that at-risk individuals seek medical care as soon as possible – and that potential cost burdens are not a deterrent to seeking diagnosis and treatment. In Virginia, about 10 percent of residents lack any form of medical insurance. Among the insured, many individuals still face high deductibles and additional out-of-pocket costs that could be a deterrent to seeking medical care in a timely fashion,” wrote the Senators in several letters today to Vice President Mike Pence, Gov. Ralph Northam, the Virginia Association of Health Plans and the State Corporation Commission, which regulate various health care plans in Virginia. 

The Senators continued, “It is uncertain what the entirety of patient costs associated with COVID-19 may be, but we have already seen disturbing reports of patients left with enormous bills after appropriately and responsibly seeking medical care. In Miami, a patient with healthcare insurance returned from China and sought medical treatment for flu-like symptoms, but still received a $3,270 dollar medical bill after his hospitalization. An American who was evacuated from Wuhan received a $3,918 in medical bills after he and his 3-year-old daughter were required to spend several days in an isolation unit at a local children’s hospital. If patients fear the financial consequences of seeking appropriate screening, treatment and quarantine, it will severely handicap the government’s ability to control the spread of this virus.”

A copy of the letter to Vice President Mike Pence can be found here.

A copy of the letter to Governor Ralph Northam can be found here.

A copy of the letter to the Virginia Association of Health Plans can be found here.

A copy of the letter to the State Corporation Commission can be found here.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter with a bipartisan group of Senators expressing their strong opposition to an abrupt decision by the Department of Education that jeopardizes funding eligibility for 800 rural, low-income schools across the country. In their letter to Secretary Betsy DeVos, the Senators objected to the Department’s sudden change to the methodology that determines which rural schools are eligible for funding through the Rural Low-Income Schools (RLIS) program. The change is being implemented without notice to Congress and after funding for fiscal year (FY) 2020 has already been appropriated.

In FY19, 40 Virginia localities received just more than $2 million in RLIS grants. As a result of the Department’s change, five Virginia localities could lose their grants this fiscal year: Buena Vista City, Carroll County, Page County, Patrick County, and Surry County. These five grants totaled about $270,000 last year, roughly 13 percent of Virginia’s overall allocation.

“Since 2002, rural schools across the nation have relied on these additional flexible funds to purchase supplies and make technology upgrades; expand curricular offerings, such as in reading, physical education, music, and art; provide distance learning opportunities; fund transportation; and support professional development activities,” the Senators wrote. “Without any chance to prepare, this abrupt change in RLIS eligibility will force many rural schools districts to forgo essential activities and services.”

“The Department’s decision has created a funding cliff for hundreds of rural, low-income schools that are already balancing tight budgets,” the Senators continued. “REAP helps deliver an equitable and enriching education to thousands of students living in rural America. We strongly encourage you to rescind this new interpretation and to work with Congress to serve students in rural communities.”

The Rural Education Achievement Program (REAP) is the only dedicated federal funding stream to help rural school districts. It consists of two programs – the RLIS program and the Small, Rural School Achievement (SRSA) program. The grants are intended to improve student achievement and can include things like parental involvement activities, teacher preparation, language instruction for English-language learners, and bullying prevention.

Many states have qualified for RLIS because the Department of Education has allowed school districts to measure poverty by the percentage of students receiving federally subsidized free and reduced-price meals. Although free lunch data is an important measure of poverty for rural districts, this year, the Department decided that it will no longer allow states to use this data to determine eligibility for the RLIS program. This change places RLIS grantees in jeopardy and will put additional strain on the SRSA program. School districts that, previously, may have been eligible to choose either SRSA or RLIS may find themselves only eligible for SRSA, which is likely to reduce the value of awards in that crucial program.

In addition to Sens. Warner and Kaine, the letter was led by Sens. Susan Collins (R-ME) and Maggie Hassan (D-NH) and signed by Sens. Lamar Alexander (R-TN), Jon Tester (D-MT), Steve Daines (R-MT), Angus King (I-ME), Pat Roberts (R-KS), Jeanne Shaheen (D-NH), Chuck Grassley (R-IA), Gary Peters (D-MI), Jim Inhofe (R-OK), Cory Gardner (R-CO), Dianne Feinstein (D-CA), Todd Young (R-IN), Cindy Hyde-Smith (R-MS), Joni Ernst (R-IA), James Lankford (R-OK), Mitch McConnell (R-KY), Mike Braun (R-IN), and John Cornyn (R-TX).

 

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

The Honorable Betsy DeVos

Secretary

United States Department of Education

400 Maryland Avenue, SW

Washington, DC  20202-8510

Dear Secretary DeVos:

We write to express our strong opposition to the Department of Education’s decision to change the eligibility methodology for the Rural Low-Income Schools Program. According to the Department’s own projections, this change, which is being implemented without notice to Congress and after funding for fiscal year (FY) 2020 has already been appropriated, is expected to exclude more than 800 rural, low-income schools from eligibility nationwide this year. We urge the Department to prevent these cuts from taking effect.

The Rural Education Achievement Program (REAP), authored by Senator Susan Collins and former Senator Kent Conrad, is the only dedicated federal funding stream to help rural schools overcome the increased expenses caused by geographic isolation.  It consists of two programs – the Small, Rural School Achievement (SRSA) program and the Rural and Low-Income Schools (RLIS) program. Rural school districts frequently lack the resources and staff needed to compete effectively for federal grants, and often receive formula grant allocations too small to be effective. Since 2002, rural schools across the nation have relied on these additional flexible funds to purchase supplies and make technology upgrades; expand curricular offerings, such as in reading, physical education, music, and art; provide distance learning opportunities; fund transportation; and support professional development activities. Without any chance to prepare, this abrupt change in RLIS eligibility will force many rural school districts to forgo essential activities and services.

The RLIS program targets funding to rural, high-poverty schools. In 2003, one year after the law was enacted, the Department advised states that, if Census poverty data for a school district did not exist, the state could “provide the U.S. Department of Education with the adjusted poverty data that it uses to make its allocations to Local Education Agencies (LEAs) under Part A of Title I to determine the eligibility of LEAs for which Census poverty estimates are not available.” Since that time, the Department has continued to accept an alternative poverty measurement for allocating RLIS funding, without interruption or revised guidance. For many rural school districts, standard measures of neighborhood poverty, including those collected the U.S. Census Bureau’s Small Area Income and Poverty Estimates (SAIPE), is unavailable or undercounts the number of economically disadvantaged students. Many states have instead relied on annual, local data collected through participation in the Free and Reduced-Price Lunch program. This is a widely-used, comprehensive measure of poverty in schools. In fact, federal funding allocated under Title I Part A of the Elementary and Secondary Education Act permits small school districts to submit an alternative poverty measurement for the Department’s distribution of funds to those districts. Yet under the Department’s change, even school districts that are not using alternative poverty measurements are seeing dramatic swings in funding due to the limitations of the SAIPE data. The sharp eligibility disparities and funding cuts illustrate the serious deficiencies in relying on the SAIPE data alone to implement the RLIS program.

In 2015, Congress reauthorized REAP through the bipartisan Every Student Succeeds Act (ESSA). Predicting some adjustments, Congress included a hold harmless provision to ease the transition for schools in the SRSA program. The Department appears to have had no difficulty implementing the REAP improvements, particularly with respect to dual-eligibility, and it continued to accept alternate poverty data for the RLIS program. At no time during the ESSA transition did the Department notify Congress or states that the RLIS program would be administered differently. It continued to accept alternative poverty measurements, including those based on free and reduced-price lunch, and states reasonably relied on its past practices and consistent approvals to do the same. Additionally, Congress relied on the technical expertise of the Department and this eligibility issue was never brought to our attention.  It is puzzling that the Department has now, 18 years after REAP’s creation and more than four years after its reauthorization, chosen to implement the law differently and without any notice to Congress.

Additionally, ESSA provides the Secretary with the authority to “take such steps as are necessary to provide for the orderly transition” to the law’s requirements. The Department identified several requirements over which it would exercise flexibility, but it never identified methodological changes to the RLIS program. The Department should once again rely on the its “orderly transition” authority to prevent an implementation change from taking effect, and thus avoid the severe eligibility and funding reductions it is proposing for this year.

We are also alarmed that the Department did not provide Congress, states, and school districts with any notice about its decision to use a new methodology prior to or along with submitting its budget request for REAP in FY 2020. In fact, the FY 2020 request expressed continued support for dividing equally the funds appropriated to both SRSA and RLIS. Thus, Congress rightly expected the Department to administer RLIS consistent with past practices. Today’s after-the-fact change, however, places RLIS grantees in jeopardy and will put additional strain on the SRSA program. School districts that, previously, may have been eligible to choose either SRSA or RLIS may find themselves only eligible for SRSA, which are likely to reduce the value of awards in that crucial program. The Department’s decision has created a funding cliff for hundreds of rural, low-income schools that are already balancing tight budgets. We also note that the Department’s FY 2021 budget request includes no mention of any methodological changes to the REAP grants.

REAP helps deliver an equitable and enriching education to thousands of students living in rural America. We strongly encourage you to rescind this new interpretation and to work with Congress to serve students in rural communities. We look forward to working with you on this important issue and request an immediate response.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and John Kennedy (R-LA), members of the Senate Banking Committee, released a statement today, ahead of Supreme Court arguments in Liu v. SEC, a case challenging the Securities and Exchange Commission’s (SEC) enforcement powers to seek disgorgement on behalf of defrauded investors:

“Today’s argument in Liu v. SEC highlights the critical importance of affirming the SEC’s ability to protect investors through its disgorgement authority. Disgorgement authority is an essential enforcement tool that deters violations of our securities laws, protects Main Street investors, and helps compensate hard-working Americans who are victims of financial scams. Since the Court’s 2017 decision in Kokesh v. SEC, the SEC has forgone an estimated $1.1 billion in proceeds on behalf of harmed investors – a number that will only grow if the Supreme Court sides with the petitioners in this case – putting more money in the pockets of scammers and fraudsters while leaving ripped-off investors holding the bag. While we strongly believe that the SEC has the legal authority to seek disgorgement in civil actions, uncertainty from this case underscores the importance of congressional action to better protect harmed investors. In the Senate, we have introduced bipartisan legislation that would affirm the SEC’s disgorgement authority and expand its toolkit to increase financial recovery for harmed investors. The House passed similar legislation last year. We urge our colleagues in the Senate to act now by taking up this bipartisan effort,” said the two Senators.

Sens. Warner and Kennedy last year introduced the Securities Fraud Enforcement and Investor Compensation Act, bipartisan legislation that would give the SEC power to seek restitution for Main Street investors harmed by securities fraud. The bill would give the SEC a broader range of tools to seek compensation for investors who’ve lost money to Ponzi schemes and other investment scams. 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance Committee, released the following statement after the Supreme Court said on Monday that it will hear the Republican lawsuit challenging the Affordable Care Act (ACA), Texas v. U.S., later this year:

“The President continues to claim he supports protecting people with preexisting conditions, yet his Administration continues to pursue this lawsuit that will rip protections away from millions of Americans without any viable plan to fix it.

“The uncertainty created by the Trump Administration’s repeated attacks on the Affordable Care Act jeopardize essential health care coverage for Virginia families. I am committed to strengthening our health care law, and will do everything in my power to protect it.”

In the Senate, Sen. Warner has sponsored several bills to block the Administration’s efforts to undermine the ACA and protect people with preexisting conditions. Last year, Sen. Warner led the entire Senate Democratic Caucus in forcing an up-or-down vote on overturning a Trump Administration rule that explicitly undermines protections for preexisting conditions by flooding the health care market with junk health care plans, which are often advertised in low-income communities or communities of color. That vote was defeated as a result of Republican opposition, jeopardizing protections for millions of Americans with preexisting conditions.

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WASHINGTON – Today, in a letter to Vice President Mike Pence, U.S. Sen. Mark R. Warner (D-VA) expressed concern over how the U.S. government has mobilized to combat the outbreak of coronavirus (COVID-19), including how the Administration is communicating with state, local and federal officials, and Americans impacted by the virus. In his letter, Sen. Warner urged the Vice President to devote the resources, expertise and manpower needed to prevent this virus from spreading while also improving the government’s communication with Congress and the American public.     

“I am concerned that the Administration’s response to date has not been aggressive enough to effectively combat the virus and fails to underscore the threat posed by this virus,” wrote Sen. Warner. “I have been deeply frustrated with the U.S. government’s communication with Congress, my constituents and their family members impacted by the virus, and the American people more broadly.  I understand that individuals at the State Department, including in embassies around the world, the CDC and other federal agencies, have been working around the clock.  Yet despite this flurry of efforts, the U.S. government has not established an effective communication plan that tracks specific cases and communicates out guidance to individuals, their family members and Congressional offices working to get them help.  Nor has it effectively pushed back on disinformation around the coronavirus or given adequate information to the American public.”

“Since the outbreak of the coronavirus, I have been in frequent communication with a number of Virginians, who were traveling in Asia and were unable to return home,” he continued. “The U.S. government’s task force was unable to provide these folks with basic information on a timely basis about what they could expect for the next 24 hours and how they could be medically cleared.  Questions such as where they would sleep the following night, whether they should book a hotel or flight, and how they could be reunited with their spouses in country, went unanswered for far too long.  In addition, my office, despite repeated outreach to numerous government entities, struggled to get the basic information these constituents needed.  This process was opaque, time-consuming and ultimately unsatisfactory for my constituents.  We must do better.  We need to put better systems in place, especially as the virus continues to spread.”

To date, coronavirus has sickened more than 90,000 people around the world, killing more than 3,000 individuals. In the U.S., 88 cases of the virus have been confirmed and there have been two fatalities.

In his letter, Sen. Warner also emphasized the need for a government response that includes, at a minimum, a request for emergency funds from Congress, and an established communications strategy to ensure that government officials and the American public have the latest information they need to remain prepared and safe.

In January, Sen. Warner asked the Administration to redirect available public health funds to combat the virus and to inform Congress of any additional resources that are needed. The Administration has since requested $2.5 billion in emergency funds – an amount far below what most public health experts believe is needed to adequately prepare and respond to the virus. Congressional appropriators from both parties are currently working to negotiate and draft an emergency funding package to combat the coronavirus, which the Senate is expected to take up in the coming days.

A copy of the letter is available here and below.

 

Vice President Mike Pence

The White House

Office of the Vice President

1600 Pennsylvania Avenue, N.W.

Washington, D.C. 20500

Dear Vice President Pence:

I am writing to convey my concerns over how the U.S. government has mobilized to combat the novel coronavirus (COVID-19), including how the Administration is communicating with state, local and federal officials responding to the virus and Americans at large impacted by the virus.  As you take over the leadership of the U.S. government’s response to the coronavirus, I ask that you devote the resources, expertise and manpower needed to prevent this virus from spreading and that you improve the U.S. government’s communication with Congress and the American public.  

As you well know, the novel coronavirus has sickened more than 90,000 people around the world, and killed more than 3,000 people to date.  While there have only been 88 confirmed cases in the U.S. and two fatalities, the Centers for Disease Control (CDC) has stated that the virus is expected to spread within the U.S.  I am concerned that the Administration’s response to date has not been aggressive enough to effectively combat the virus and fails to underscore the threat posed by this virus. 

Earlier this month, I wrote to the Administration asking them to redirect available public health funds to combat this virus and to inform my colleagues and me of any additional resources that are needed.  This week, the Trump Administration asked Congress for only $2.5 billion dollars in order to contain the coronavirus and to try to prevent it from spreading in the U.S.  A number of independent public health experts have expressed concern that this amount will not be enough to effectively prepare, and both Republican and Democratic Members of the House and Senate have publically agreed this request is likely insufficient.

In addition, I have been deeply frustrated with the U.S. government’s communication with Congress, my constituents and their family members impacted by the virus, and the American people more broadly.  I understand that individuals at the State Department, including in embassies around the world, the CDC and other federal agencies, have been working around the clock.  Yet despite this flurry of efforts, the U.S. government has not established an effective communication plan that tracks specific cases and communicates out guidance to individuals, their family members and Congressional offices working to get them help.  Nor has it effectively pushed back on disinformation around the coronavirus or given adequate information to the American public. 

For example, since the outbreak of the coronavirus, I have been in frequent communication with a number of Virginians, who were traveling in Asia and were unable to return home.  The U.S. government’s task force was unable to provide these folks with basic information on a timely basis about what they could expect for the next 24 hours and how they could be medically cleared.  Questions such as where they would sleep the following night, whether they should book a hotel or flight, and how they could be reunited with their spouses in country, went unanswered for far too long.  In addition, my office, despite repeated outreach to numerous government entities, struggled to get the basic information these constituents needed.  This process was opaque, time-consuming and ultimately unsatisfactory for my constituents.  We must do better.  We need to put better systems in place, especially as the virus continues to spread.

I urge you to prioritize implementing an effective and reliable mobilization effort to support our nation’s response to the threat of coronavirus.  This response – at minimum – should include an emergency appropriations request to Congress with sufficient funding levels based upon recommendations from public health experts on the front lines of this outbreak.  In addition, I urge you to establish an organized and reliable communications strategy that ensures state, local and federal officials and the American public have the most up-to-date information they need to remain prepared and safe.  Thank you in advance for you attention to this letter, and I look forward to working together on this critical issue moving forward.

Sincerely,

MARK R. WARNER

 

cc:       

Secretary Alex Azar

Secretary Mike Pompeo

 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and former telecommunications executive and entrepreneur, applauded Senate passage of bipartisan legislation modeled on legislation he first he introduced to protect American communications networks from threats presented by foreign suppliers like Huawei and ZTE. The legislation would offer relief to reimburse smaller telecommunications providers – largely in rural areas – by reimbursing them for the costs of removing and replacing untrusted foreign equipment.

“As our nation becomes more and more reliant on next-generation telecommunication networks, we need to be doing all that we can to make sure that our networks are secure,” said Sen. Warner. “That includes making sure that we are not allowing our foreign adversaries to infiltrate these networks, and that as a nation, we are not dependent on infrastructure supplied by foreign vendors. This important piece of legislation will help ensure the security of our networks all across the country by making it possible for providers in small and rural communities to rip and replace equipment that might pose a national security risk. I’m very encouraged by this bill’s passage and I look forward to seeing it get signed into law as quickly as possible.”

The Secure and Trusted Communications Networks Act of 2019, which now heads to the President’s desk after securing the approval of the House and Senate, closely resembles the United States 5G Leadership Act of 2019, S. 1625, introduced by Sens. Warner and Roger Wicker (R-MS), along with Sens. Tom Cotton (R-AR), Ed Markey (D-MA), and Dan Sullivan (R-AK).

Specifically, the Secure and Trusted Communications Networks Act of 2019 would:

  • Prohibit the Federal Communications Commission (FCC) from subsidizing the acquisition or maintenance of telecommunications equipment or services from untrusted suppliers.
  • Create a program to reimburse telecommunications providers with fewer than two million customers. These providers will remove equipment that poses a national security risk from their networks to replace it with equipment from trusted suppliers.
  • Establish an information sharing program for telecommunications providers, particularly small and rural operators, to obtain information regarding potential security risks and vulnerabilities to their networks.

Sen. Warner has been a leading voice in Congress about the national security risks posed by Chinese-controlled telecommunication companies. Earlier this year, he and a bipartisan group of leading national security Senators introduced legislation to encourage and support U.S. innovation in the race for 5G, providing over $1 billion to invest in Western-based alternatives to Chinese equipment providers Huawei and ZTE. He is also the lead sponsor of the Secure 5G and Beyond Act – a bill to safeguard next-gen mobile telecommunications systems and infrastructure – and has previously introduced a bill with Sen. Marco Rubio (R-FL) to combat tech-specific threats to national security posed by foreign actors like China.

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WASHINGTON, D.C. — Today, the House Financial Services Committee voted to advance legislation led by Rep. Cindy Axne (IA-03) to require public companies to disclose information about their management policies related to their workforce, including the investments they make on skills training, workforce safety, and employee retention.

The Workforce Investment Disclosure Act was advanced by a vote of 33 to 25, and now heads to the House floor for consideration by the whole House of Representatives.

A Senate companion version of the legislation was also introduced this week by Senator Mark Warner (D-VA), a member of the Senate Committee on Banking, Housing, and Urban Affairs.

The legislation would require public companies to disclose basic human capital metrics, including workforce turnover rates, skills and development training, workforce health and safety, and compensation statistics.

“When I meet with companies nowadays, they tell me that their people are their greatest asset – but our businesses’ public disclosures don’t cover the investments they’re making in their employees. With this legislation, we can gain a better understanding of what companies are doing to improve and protect their most valuable asset,” said Rep. Axne. “I’m grateful that my colleagues on the Financial Services Committee and Senator Warner have all stepped in to help get us one step closer to making this transparency standard law.”

“As our nation continues to evolve and our economy becomes more knowledge-based, workers are easily becoming the most valuable asset a company can have. In fact, there’s a growing body of research that establishes a relationship between measurable human capital management – the way that companies manage and support their employees – and long-term financial performance,” said Sen. Warner. “When a business invests properly in its workforce, it boosts the company’s ability to innovate and compete. Companies should be required to disclose exactly how they’re investing in their labor force, and I’m proud to partner with Congresswoman Axne on this important effort.”

The rise of service and intellectual property-based businesses has made current asset disclosure requirements insufficient to provide investors needed clarity. In 1975, more than 80% of the S&P 500’s market value was in companies’ tangible assets like real estate holdings or purchased equipment. By 2015, tangible assets accounted for less than 20%.

Disclosure requirements for human capital are supported by notable investment and asset management firms.

Last year, leadership of major investors BlackRock and State Street Global Advisory both emphasized the importance of human capital — and have indicated the need to create standardized reporting. In addition, research from the Embankment Project on Inclusive Capitalism, a partnership between asset managers directing $30 trillion and large public corporations, found U.S. companies that disclose their total human capital costs outperform those that don’t.

The bill is Rep. Axne’s fourth piece of legislation aimed at encouraging good corporate practices and improving public transparency at U.S. companies.

Last week, Axne introduced legislation to create disclosure requirements for large corporations’ use of tax havens.

In January, she responded to the certification of Trade Adjustment Assistance (TAA) for workers in Des Moines who lost their jobs to outsourcing by writing new legislation to help workers laid off due to offshoring get assistance faster through better disclosure of these practices.

Last October, the House passed Axne’s first bill related to disclosures — the Outsourcing Accountability Act — which would require large corporations to disclose the locations of their employees around the world to discourage offshoring and hold companies accountable for laying off U.S. workers.

 

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) received an award from the United Mine Workers of America recognizing his successful years-long effort to save the pension and healthcare benefits for thousands of retired coal miners and their families. A group of Southwest Virginia miners presented Sen. Warner with the coal-shaped award, celebrating the passage of Sen. Warner’s Bipartisan American Miners Act, which the President signed into law in December.

“With President Trump’s signature, the Bipartisan American Miners Act is now the law of the land, protecting healthcare and pension benefits for thousands of Southwest Virginia miners,” said Sen. Warner. “This award represents years of bipartisan work in Washington and the tireless efforts of the UMWA miners who advocated to protect the benefits they earned. I’m proud to have played a role in passing this legislation that officially honors America’s commitment our miners.”

The Bipartisan American Miners Act of 2019 was introduced by Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), Joe Manchin (D-WV), Mitch McConnell (R-KY), Shelley Moore Capito (R-WV) and a bipartisan group of Senators from mining states. It shores up the 1974 United Mine Workers of America Pension Plan – which was headed for insolvency due to coal company bankruptcies and the 2008 financial crisis – and ensures that at-risk miners do not lose their healthcare due to the 2018 and 2019 coal company bankruptcies. The legislation amends the Surface Mining Control and Reclamation Act of 1977 to transfer excess funds from the Abandoned Mine Land (AML) Fund to the 1974 Pension Plan to prevent its insolvency. It also amends the Coal Act to include 2018 and 2019 bankruptcies in the miners’ healthcare fix that passed in 2017. These actions will secure the pensions of 92,000 coal miners and protect healthcare benefits for 13,000 miners.

Sen. Warner has been a longtime advocate for Virginia’s coal miners and their families. In 2017, Sen. Warner passed legislation securing healthcare benefits for more than 22,000 miners. In August 2018, he introduced and passed into law legislation to improve early detection and treatment of black lung disease among coal miners.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) and U.S. Rep. Rob Wittman (R-VA) requested an update from the National Park Service (NPS) on the Northern Neck National Heritage Area Feasibility Study. Congress first directed NPS to conduct the study more than a decade ago as the first step in the process of designating the Northern Neck a National Heritage Area (NHA), which would provide federal recognition and resources to communities to protect, commemorate and promote the Northern Neck's unique place in American history. The study began a decade ago, and members pushed NPS to give an update on the study and to explain the apparent delays in its release.

“We understand the process of conducting a National Heritage Area feasibility study is rigorous and takes years to complete. However, we are concerned by the delayed timeline for the study and the lack of information communicated about its status," wrote the members in a letter to National Park Service Acting Director David Vela. “Designation as a National Heritage Area would allow the communities of the Northern Neck to better promote and protect this historical region. These communities are eager to begin collaborating with the Park Service and move to the next step in earning recognition for this important region.”

Congress has designated over 55 NHAs to recognize places where natural, cultural, and historic resources combine to form a nationally important landscape. This community-led conservation and development program promotes economic development, education and stewardship, and community engagement. The NHA designation process typically requires a two-step process. For the first step, the NPS conducts an initial study of the suitability and feasibility of designating the area an NHA. Legislation is enacted to designate the area as an NHA once a study is completed. Congress directed NPS to conduct the Northern Neck study as part of the Omnibus Public Land Management Act of 2009 (P.L.111-11).

In their letter, the members asked for more information regarding the current status of the Northern Neck Feasibility Study, the next steps that remain in the process of releasing the study, and the estimated completion date. The members also asked for an explanation of the apparent delay given that the NPS website stated the study would be completed “sometime in 2019” and whether NPS requires additional resources to complete the study.

The members also underscored the Northern Neck’s unique and rich geography and history as the birthplace of James Madison, James Monroe, and the U.S.’ first president, George Washington. They also noted that the Northern Neck has maintained many of the scenic features of its past and character, making it a prime candidate for NHA designation.

 The text of the letter is available below.

 

Dear Acting Director Vela:

We write today on the status of the Northern Neck National Heritage Area Feasibility Study. Congress directed the National Park Service to study the feasibility and suitability of designating Virginia’s Northern Neck as a National Heritage Area in Section 8102 of the Omnibus Public Land Management Act of 2009 (P.L.111-11).

As you know, National Heritage Areas play an important role in the recognition and preservation of natural, cultural, and historic resources that are part of the fabric of American history. Virginia’s Northern Neck has a unique and rich geography and history. Beginning in the upland forests of Westmoreland County, the Northern Neck is surrounded by the Potomac River, the Rappahannock River, and the Chesapeake Bay. Originally home to members of eight Algonquian tribes, it was scouted by English explorer Capitan John Smith more than 400 years ago and settled by the English in the mid-17th century. The Northern Neck is the birthplace of James Madison, James Monroe, and our first President, George Washington, who called the Northern Neck “the garden of Virginia.”

The Northern Neck has maintained many of the scenic features of its past and its character, in part because of the farmers and watermen who continue the legacy of earning their livelihoods from the rich soil and surrounding waters. Designation as a National Heritage Area would allow the communities of the Northern Neck to better promote and protect this historical region. These communities are eager to begin collaborating with the Park Service and move to the next step in earning recognition for this important region. 

We understand the process of conducting a National Heritage Area feasibility study is rigorous and takes years to complete. However, we are concerned by the delayed timeline for the study and the lack of information communicated about its status. The Park Service’s Northeast Regional Office initiated this study in 2010, and we understand it was scheduled for completion in 2019. In order to provide our stakeholders with more information about the status of the feasibility study, we request answers to the following questions:

1.      What phase of completion is the Northern Neck Feasibility Study currently in? What are the next steps in the review process for this study?

2.      Is there an estimated completion date for the Northern Neck Feasibility Study? Why was the completion date for this study been delayed from what was listed on the Park Service’s website?

3.      Does the Park Service require additional funding or resources to complete the Northern Neck Feasibility Study?

We appreciate all the Park Service does to protect our national treasures. The Park Service is instrumental in telling America’s story and supporting communities across Virginia and the country. Given the importance the National Heritage Area designation would have for communities in the Northern Neck and the Commonwealth, we would appreciate a prompt response to these questions.

Thank you for your time and attention to this matter. We look forward to your response.

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WASHINGTON – The United States Senate unanimously passed a resolution sponsored by U.S. Sens. Mark R. Warner (D-VA) and Tim Kaine (D-VA) along with U.S. Sens. Joe Manchin (D-WV) and Shelley Moore Capito (R-WV) to honor Katherine Coleman Goble Johnson, a NASA pioneer who passed away Monday at the age of 101.

“Katherine Johnson was essential to NASA’s success in the Space Race. But as an African-American woman working at Langley Research Center in the era of Jim Crow, she went unrecognized for decades. Thankfully this trailblazer lived to see the recognition she deserved – including a blockbuster movie, a Congressional Gold Medal, and a building named in her honor on the campus where she was once forced to use separate facilities because of the color of her skin,” said Sen. Warner. “Katherine Johnson’s life is evidence that we as a nation must continue to strive towards equality of opportunity for all our citizens. While she is no longer with us, Katherine Johnson will continue to inspire generations of Americans, especially young women thinking of careers in math and science.”  

“Katherine Johnson’s pioneering contributions to orbital mechanics helped our nation reach the stars. As one of the first African American women to work as a NASA scientist, she paved the way for generations to come. This resolution is a small reminder of her amazing contributions,” Sen. Kaine said.

“A White Sulphur Springs, West Virginia native, Katherine Johnson not only completed groundbreaking work at NASA during the space race, but also broke the barriers of race and gender during a critical time in our nation. Katherine graduated summa cum laude from West Virginia State College in 1937 with degrees in mathematics and French and became the first African-American woman to attend graduate school at West Virginia University. She began her work as a mathematician for NASA, eventually running the equations that sent the first American astronaut to orbit Earth. Because of the accomplishments of intellectual leaders like Katherine Johnson, more young women have, and will, blaze their own trails in science, technology, engineering, and math fields, and will continue to make our state and entire nation proud. We cannot thank Katherine enough for her contributions to our state and our nation and she will be missed greatly by us all,” said Sen. Manchin.

“Katherine Johnson proved to us that no obstacle is too high if you work hard and believe in your goals,” said Sen. Capito. “As a West Virginian, Katherine used her toughness and grit to surpass societal barriers and turn her dreams into a reality. The legacy of Katherine Johnson will be remembered every time we look up at the moon and remember how her work took us there for the first time. As the first female U.S. Senator from West Virginia, I am not only continuously inspired by Katherine’s story, but I am also inspired by her kindness and humility. Generations of little girls who also aspire to reach the stars will draw strength and encouragement from Katherine’s legacy. Her work is no longer hidden by the shadows of the men she put on the moon. Katherine Johnson will forever be a star in the Mountain State and will be significantly missed by all.”

“NASA is deeply saddened by the loss of a leader from our pioneering days, and we send our deepest condolences to the family of Katherine Johnson. Ms. Johnson helped our nation enlarge the frontiers of space even as she made huge strides that also opened doors for women and people of color in the universal human quest to explore space. Her dedication and skill as a mathematician helped put humans on the moon and before that made it possible for our astronauts to take the first steps in space that we now follow on a journey to Mars. Her Presidential Medal of Freedom was a well-deserved recognition. At NASA we will never forget her courage and leadership and the milestones we could not have reached without her. We will continue building on her legacy and work tirelessly to increase opportunities for everyone who has something to contribute toward the ongoing work of raising the bar of human potential,” said NASA Administrator Jim Bridenstine.

On November 8, 2019, the President signed into law bipartisan legislation to award Katherine Johnson with the Congressional Gold Medal, along with her fellow “Hidden Figures” Dorothy Vaughan, Mary Jackson, and Dr. Christine Darden. The Congressional Gold Medal is the highest civilian award in the U.S., awarded to those who have performed an achievement that has had an impact on American history and culture that is likely to be recognized in the recipient’s field for years to come.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, released the following statement after the President announced his intent to nominate Rep. John Ratcliffe (R-TX) to be Director of National Intelligence (DNI):

“The last time this nomination was unsuccessfully put forward, serious bipartisan questions were raised about Rep. Ratcliffe’s background and qualifications.

“It’s hard for me to see how anything new has happened to change that.”

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) addressed the coronavirus (COVID-19) outbreak and what it means for individuals in the Commonwealth of Virginia.

Specifically, Sen. Warner expressed concern with the Trump Administration’s response to the outbreak, and stressed the need for a more aggressive response in order to effectively combat the coronavirus. He also encouraged Virginians to heed instructions from the Centers for Disease Control (CDC) and directed Virginians to the CDC website for the most up-to-date information.

A transcript of his remarks is available below:  

“Hello, I’m Virginia Senator Mark Warner. Today, I’d like to talk to you about the coronavirus outbreak and what it means for the Commonwealth.

“As folks may know, coronavirus has sickened more than 82,000 people around the world. Almost three thousand people have died – now, mostly all in China. In the United States, there have been sixty confirmed cases – none of which are currently in the Commonwealth. However, the Center for Disease Control – CDC – has stated that the virus is expected spread within the U.S. on some level.

“My office has been in regular contact with officials on the ground in Virginia. Our priority is to make sure they have the resources they need and are fully prepared to respond to any potential cases of coronavirus in the Commonwealth. In addition, I’ve been closely tracking the actions of the Trump Administration and working with federal officials to make sure they’re taking this threat seriously.

“Earlier this month, I wrote to the Administration asking them to redirect available public health funds to combat this virus and to inform me and my fellow Senators of any additional resources they may need. This week the Trump Administration asked Congress for $2.5 billion dollars in order to contain the coronavirus and to try to prevent it from spreading in the U.S.

“I am reviewing this request, but frankly, based upon the initial feedback of public health experts, I am concerned that the Administration’s response to date may not be aggressive enough to effectively combat the virus. I’m also concerned that we will need a more robust response – particularly in funding – if we are going to be fully prepared.

“I plan to continue working with folks in the Commonwealth and at the federal level to ensure the health and safety of all our fellow Virginians. In the meantime, I urge all Virginians to heed CDC advice, including travel advisories and tips on how to keep your family safe. For more information, visit www.CDC.gov. We will get through this. Thanks so much.”

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Washington, D.C. — U.S. Senators Susan Collins (R-ME) and Mark Warner (D-VA) sent a letter to President Donald Trump urging him to reverse his decision that would negatively impact the collective bargaining rights of Department of Defense (DOD) employees.  The letter was also signed by Senators Ben Cardin (D-MD), Tim Kaine (D-VA), Chris Van Hollen (D-MD), and Gary Peters (D-MI).

“More than 700,000 Americans work civilian jobs for the Department of Defense.  They are dedicated to the Department’s mission and a part of the Department’s successes,” the Senators wrote.  “This new memorandum provides the Secretary of Defense and other department officials with the blanket authority to waive the collective bargaining rights of all of these employees when, in fact, labor organizations and collective bargaining in the civil service are in the public interest.”

“A fair collective bargaining process is a cornerstone of American labor law and a right afforded to employees within the federal government.  Any exemptions permitted by the process are not meant to be given widely to an entire Department as a sweeping declaration, but to be carefully considered,” the Senator continued.  “The Department of Defense has a history of working with labor unions that represent the interests of employees…We urge you to reconsider this new memorandum and work to protect the collective bargaining rights of federal employees, including those at the Department of Defense.” 

On January 29, 2020, President Trump issued a memorandum granting the Secretary of Defense the authority to exempt DOD agency employees from collective bargaining. 

Since enactment of the Civil Service Reform Act of 1978, no president has found it necessary to issue a blanket exemption of all DOD employees from collective bargaining.

Click HERE to read the letter.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine announced $1,844,898 in federal funding to support residents of public housing in five cities across Virginia. The funding, awarded through the Department of Housing and Urban Development’s (HUD) Resident Opportunities for Self-Sufficiency (ROSS) program, helps individuals and families work towards economic independence and housing self-sufficiency. The program aims to help residents increase earned income and enhance their quality of life.

“This federal funding is important to help Virginians build self-sufficiency and make economic progress,” the Senators said. “We’re pleased to see this investment go towards making sure more people across the Commonwealth have access to these supportive services.”

The Virginia housing authorities that will receive funding are listed below:

City                            Virginia Housing Authority Recipient                                      Amount

Hopewell                  Hopewell Redevelopment and Housing Authority                   $230,916.00

Norfolk                      Norfolk Redevelopment and Housing Authority                       $478,500.00

Portsmouth               Portsmouth Redevelopment and Housing Authority                $239,250.00

Bristol                         Bristol Redevelopment and Housing Authority                         $178,482.00

Richmond                  Richmond Redevelopment and Housing Authority                  $717,750.00

 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) welcomed news that the Drug Enforcement Administration (DEA) has announced long-awaited plans to improve patient access to substance use disorder treatment via telehealth. Yesterday, the DEA announced a proposed rule that will ensure health care providers can effectively use telehealth to diagnose and treat patients suffering from substance use disorders.

“The opioid and addiction epidemic has had a devastating impact on communities in Virginia and across the country,” said Sen. Warner. “We need to use every tool at our disposal to ensure that individuals struggling with addiction can access the treatment they need, and telehealth is an important part of that. I am pleased the DEA has finally issued proposed rulemaking that will improve telehealth access for these patients and I hope they will work quickly to finalize this rulemaking once stakeholders have had an opportunity to weigh in.”

In January, Sen. Warner sent a letter to the DEA urging the agency to finalize this long-delayed rule that will ensure providers can successfully use telehealth to treat individuals with substance use disorders. The proposed rulemaking released yesterday is an important step in the right direction that gives stakeholders an opportunity for review and comment before a final rule is issued.

Sen. Warner helped draft and pass the Senate’s comprehensive substance abuse treatment bill, which included a provision directing the Department of Justice, in consultation with the Department of Health and Human Services, to create a process for exempting certain health care providers for the purpose of providing telehealth services for substance use disorder. In addition – that legislation included four other provisions led by Sen. Warner that use telehealth to expand access to treatment for individuals suffering from substance use disorder. The bipartisan legislation was signed into law in 2018; however, the Attorney General failed to finalize a rule by the October 2019 deadline. For provisions of this legislation to be most effective, the DEA must complete its rulemaking process.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and John Cornyn (R-TX), co-chairs of the Senate India Caucus, issued the following statement following President Trump’s visit to India:

“As co-chairs of the India Caucus, we welcome the commitments made by the United States and India during President Trump’s recent visit to India to expand the partnership between our two countries and our two peoples. Both countries agreed to continue working together to ensure a free and open Indo-Pacific region, secure 5G and an open internet, increase our defense trade, strengthen our energy partnership, expand counterterrorism, maritime, cyber, and space cooperation, as well as to expand educational exchanges – all of which will benefit both of our countries. At the same time, we are alarmed by the recent violence in New Delhi. We continue to support an open dialogue on issues of significant concern in order to advance our vital long-term relationship.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) was joined by six of his Senate colleagues in calling on the U.S. Department of Homeland Security (DHS) to release the additional H-2B visas needed to support local seafood businesses in Virginia and states like Alaska, Maryland, and North Carolina. The letter, signed by Sens. Ben Cardin (D-MD), Tim Kaine (D-VA), Lisa Murkowski (R-AK), Dan Sullivan (D-AK), Thom Tillis (R-NC), and Chris Van Hollen (D-MD), urges the DHS to quickly authorize additional visas for temporary non-agricultural workers so that seafood industries around the country can hire seasonal workers and continue operations. 

“Many of the seafood businesses we represent are family-owned operations that go back multiple generations, often in rural areas of our states. Despite good faith efforts to find local seasonal workers, our seafood industries rely on H-2B workers for tough jobs such as shucking oysters and processing crabs,” wrote the Senators. “These businesses are entirely reliant on the forces of nature that determine, for example, when salmon will run and be ready for harvest. Without H-2B visas, some local businesses will be forced to reduce the size of their American workforces.”

“We urge the Department to promptly make available sufficient visas to meet the labor needs of our states’ seafood industries, and to announce its intent to do so by March 1, 2020,” they continued. “Local seafood businesses earn their livelihoods based on perishable products, and need H-2B workers to harvest and process their respective seafood products so they can sell those products. If these local businesses lose a customer base one year, it is extremely difficult, if not impossible, to come back into the industry. We have already heard from local businesses that will be forced to shut down ahead of the 2020 season if a sufficient number of Congressionally-authorized H-2B visas are not released.”

H-2B visas allow employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States if U.S. workers are not available, after completing rigorous application and certification process. These visas are critical to the survival of Virginia’s seafood industry – particularly the seafood processing community around the Chesapeake Bay. Last month, Sen. Warner met with Virginia seafood processors in Tappahannock, who expressed concern with their inability to fill their seasonal labor needs, resulting in lost supply agreements with grocery stores and other customer suppliers who are then forced to turn to foreign imports for their orders.

According to the Virginia Institute of Marine Science’s last complete study of this kind, the commercial seafood industry in Virginia generates $407.9 million in economic output, which includes all economic activity from harvesters to restaurants. Of that $407.9 million, 62 percent comes from seafood processing/wholesaling firms – the primary companies who rely on the H-2B worker program. Additionally, according to the Virginia Marine Resources Commission, in 2017, Virginia oysters alone had a dockside value of more than $48.9 million dollars, followed by Quahog Clams with more than $47.6 million and Blue Crabs with more than $38 million in dockside value.

In the letter, the Senators note that the Congressionally-authorized FY20 Consolidated Appropriations Act gives the DHS Secretary, in consultation with the Secretary of the U.S. Department of Labor (DOL), the authority to raise the cap on H-2B visas, and issue additional visas as needed.

Sen. Warner has long advocated for Virginia’s seafood processing industry – a community largely made up of rural, family-owned operations. Earlier this month, in a bipartisan call, he pressed DHS Secretary Wolf to release the additional Congressionally-authorized H-2B visas, to publicly announce this intent, and to do so as quickly as possible. Additionally, in January, he joined a bipartisan, bicameral letter calling on the Administration to increase the statutory cap of H-2B visas for FY20. He also recently met with DOL Secretary Eugene Scalia to discuss the impact of the H-2B program on Virginia and urge the Secretary to work alongside DHS to release the additional visas in a timely fashion. Sen. Warner has previously introduced bipartisan legislation to strengthen the H-2B visa program, and has requested an audit to determine the number of unused visas that could be made available to eligible petitioners.

The letter is available here and below.

 

The Honorable Chad F. Wolf

Acting Secretary

United States Department of Homeland Security

3801 Nebraska Avenue, NW

Washington, DC 20528

Dear Acting Secretary Wolf:

We write on behalf of local seafood businesses in Virginia, Alaska, Maryland, and North Carolina who need the Department of Homeland Security (DHS) to release additional H-2B visas in order to hire seasonal workers and continue operations.  We were encouraged to hear that you have been working diligently on this issue when we spoke with you last week. 

Many of the seafood businesses we represent are family-owned operations that go back multiple generations, often in rural areas of our states.  Despite good faith efforts to find local seasonal workers, our seafood industries rely on H-2B workers for tough jobs such as shucking oysters and processing crabs.  These businesses are entirely reliant on the forces of nature that determine, for example, when salmon will run and be ready for harvest.  Without H-2B visas, some local businesses will be forced to reduce the size of their American workforces.

Under the “Further Consolidated Appropriations Act, 2020”, the Secretary of the Department of Homeland Security, in consultation with the Secretary of the Department of Labor (DOL), is authorized to provide expeditious H-2B cap relief for our local businesses’ upcoming seasonal labor needs.  We urge the Department to promptly make available sufficient visas to meet the labor needs of our states’ seafood industries, and to announce its intent to do so by March 1, 2020. 

Local seafood businesses earn their livelihoods based on perishable products, and need H-2B workers to harvest and process their respective seafood products so they can sell those products.  If these local businesses lose a customer base one year, it is extremely difficult, if not impossible, to come back into the industry.  We have already heard from local businesses that will be forced to shut down ahead of the 2020 season if a sufficient number of Congressionally-authorized H-2B visas are not released. 

Without answers on H-2B visa cap relief for 2020, our seafood industries remain in a unique and perilous position.  We urge you to quickly announce your intent to make available sufficient H-2B visas authorized as Congress.  Thank you for your careful attention to this critical matter.  

Sincerely,

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Democratic Whip Dick Durbin along with 29 of their Democratic colleagues to introduce the Restoring Military Priorities Act of 2020.  The bill would reverse and restore the Trump Administration’s recent short-sighted transfer of $3.8 billion from Pentagon priorities to build part of President Trump’s border wall.  The bill also reduces DoD’s transfer authority so that DoD cannot once again attempt to divert additional funding for President Trump’s border wall from Congressionally appropriated DoD funds. 

The most recent DoD reprogramming targeted the men and women of the National Guard and a variety of additional programs funded by Congress to address shortfalls that were in many cases identified by military leaders.  This was the third time in less than one year that the Administration has used this unilateral process to bypass Congress and divert funding to President Trump’s border wall.

“Clearly, this Administration is not afraid to drain essential funding from the Department of Defense to build an ineffective wall across our southern border. Therefore, Congress has a responsibility to make sure that these dollars actually go towards supporting our national security interests and providing our men and women in uniform the resources they need to carry out their duties,” said Warner. “Our legislation will reverse the President’s irresponsible decision to divert $3.8 billion from crucial defense projects in Virginia and across our nation, and will make sure that the DoD cannot bypass Congress in the future and give away essential Defense funding.”

“President Trump is again raiding defense programs to fund his own political pet project. Our bill would reverse this reckless reprogramming and protect the Defense Department’s funding to ensure that it is used to support our men and women in uniform as well as the critical national security projects that Congress initially allocated the money for,” Kaine said.

In the spring of 2019, the Defense Department transferred $2.5 billion in funding to be used to build part of President Trump’s border wall, and the President later raided an additional $3.6 billion in military construction funds for his wall.  Earlier this month, the Defense Department reprogrammed another $3.8 billion from the men and women of the National Guard and a variety of programs added by Congress to address shortfalls that were in many cases identified by military leaders as critical equipment. 

In January, it was reported that President Trump intended to raid $7.2 billion in DoD funds this year to pay for his wall, diverting funding from military families and forcing American taxpayers to pay for his wall.

Warner and Kaine have been outspoken against President Trump’s plan to pull money from military construction projects to build his border wall since it was initially announced last year. Kaine has demanded details on the projects that will lose funding and called on his colleagues in the Senate to oppose the Administration’s efforts.  

Full text of the legislation is available here.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and co-chair of the bipartisan Senate Cybersecurity Caucus, stressed the importance of vulnerability disclosure programs, such as the one at the Department of Defense (DoD) that recently allowed a researcher to report malware that was actively exploiting a security misconfiguration on a DoD server. In a letter to the DoD’s Chief Information Officer, Sen. Warner highlighted his Internet of Things (IoT) Cybersecurity Improvement Act, noting that the piece of legislation would help advance similar coordinated vulnerability programs and work in conjunction with the procedures in place at DoD.

The bipartisan, bicameral legislation, which successfully passed through the Senate Homeland Security and Governmental Affairs Committee in June, would improve the cybersecurity of Internet-connected devices and require that devices purchased by the U.S. government meet certain minimum security requirements.

“This incident demonstrates the inherent value of vulnerability disclosure programs for information technology products operated by federal agencies,” wrote Sen. Warner. “These programs are a crucial force multiplier for federal cybersecurity efforts. Clear guidelines and a process for security researchers to find and share vulnerabilities enabled this malware discovery, and ultimately prompt remedial action by DoD. Continuing to encourage the responsible discovery and disclosure of bugs or vulnerabilities on federal information technology systems with both internal and outside security researchers can only strengthen the cybersecurity posture of federal and DoD systems.”

According to ZDNet, a security researcher searching for bots discovered that a DoD automation server running on an Amazon Web Services (AWS) cloud-computing platform was publicly accessible and did not require login credentials. Later on, the researcher discovered that the server had been compromised and was being used to mine cryptocurrency by a botnet.

In his letter, the Senator also emphasized the need to utilize proper cybersecurity measures and monitoring, including on commercial cloud-computing platforms and open source software, such as the server involved in the DoD incident.  

“I am hopeful that DoD will take the lessons from this incident seriously and reassess current processes as necessary. It is crucial to ensure that future incidents involving open vulnerabilities and improper access configurations that permit malware installation on federal information technology systems cannot reoccur, including on systems hosted by commercial cloud service providers,” he continued. “I also hope to continue to work with you on passing my legislation and continuing to push for strong, thoughtful, cybersecurity policies.”

 

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

Dana Deasy

Chief Information Officer

U.S. Department of Defense

1300 Defense Pentagon

Washington, DC 20301-1300

Dear Mr. Deasy:

I write about some recently reported cybersecurity issues at DoD.  In particular, I read about malware actively exploiting a security misconfiguration that was recently discovered on a Department of Defense (DoD) web server. From the current analysis and reporting of the incident, the malware was part of a botnet that apparently mined cryptocurrency using DoD resources and IT systems and raises broader cybersecurity concerns.

According to news reports, a security researcher first found the vulnerability on a DoD-managed cloud computing system exposed to the internet. The researcher then discovered that malware associated with mining Monero cryptocurrency was installed and operating on the same server. In January, once the security certificate identified the web server as an official DoD resource, the researcher reported the vulnerability and subsequent malware discovery under DoD’s official vulnerability disclosure program. 

This incident demonstrates the inherent value of vulnerability disclosure programs for information technology products operated by federal agencies. These programs are a crucial force multiplier for federal cybersecurity efforts. Clear guidelines and a process for security researchers to find and share vulnerabilities enabled this malware discovery, and ultimately prompt remedial action by DoD. Continuing to encourage the responsible discovery and disclosure of bugs or vulnerabilities on federal information technology systems with both internal and outside security researchers can only strengthen the cybersecurity posture of federal and DoD systems.

There is pending bipartisan, bicameral legislation that I have introduced which would ensure that vendors of key information technology products, such as Internet of Things devices, maintain coordinated vulnerability programs.  This bill would serve as a complement to the procedures DoD already employs.

While the use of commercial cloud computing can be a cost effective method to deploy and manage information technology and services, the use of a cloud itself does not ensure cybersecurity. Rigorous cybersecurity defensive measures and monitoring remain crucial for systems, even when DoD resources are deployed on commercial cloud computing platforms. While open source software, such as the automation server employed in this incident, may be beneficial, it is also essential to monitor all software for vulnerabilities and ensure they are promptly mitigated. Likewise, continuous use of software requires an effective continuous monitoring process for addressing newly discovered vulnerabilities in the software. And perhaps most importantly in the shared security model of commercial cloud computing, ensuring safe and secure configurations related to access is a key concern. 

I am hopeful that DoD will take the lessons from this incident seriously and reassess current processes as necessary. It is crucial to ensure that future incidents involving open vulnerabilities and improper access configurations that permit malware installation on federal information technology systems cannot reoccur, including on systems hosted by commercial cloud service providers. I also hope to continue to work with you on passing my legislation and continuing to push for strong, thoughtful, cybersecurity policies.

As always, I appreciate your service in this important role.

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement today after voting against the nomination of Katharine MacGregor to be Deputy Secretary of the Interior:

“Today, I voted against Katharine MacGregor’s nomination to be Deputy Secretary of the Interior, following the Department of the Interior’s failure to respond to my many questions about the tragic shooting and killing of Virginian Bijan Ghaisar by two U.S. Park Police officers more than two years ago. In November, I wrote the Department requesting information regarding the United States Park Police’s Use of Force and Vehicle Pursuit policies and the Park Service’s response to the shooting of Bijan. While copies of the updated Use of Force and Vehicle Pursuit policies were recently provided to the Washington Post, I still have not received a substantive response to my numerous inquiries to the Department about these policies, as well as the circumstances surrounding Bijan’s death.

“If the Department continues to ignore my requests for information, I will strongly consider placing a hold on Interior nominees moving forward until I receive adequate responses to my questions surrounding the Park Service’s handling of the shooting. Today, I met with the Department of Justice to receive a briefing on their investigation into Bijan’s death. Both DOJ and the Department of the Interior still face many unanswered questions, and Bijan’s family deserves answers about what happened the night their son and brother was shot and killed. Two years is too long to wait.”

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 the FBI’s investigation into the fatal 2017 shooting. In October of that year, Warner sent a letter to the head of the National Park Service (NPS) regarding the circumstances under which U.S. Park Police officers engaged with Mr. Ghaisar.

In June 2019, Sen. Warner along with Sen. Chuck Grassley (R-IA) decried the opaque and drawn-out nature of the review of the Ghaisar case in letters to both the FBI and NPS. The FBI provided a brief response in August, 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, the Senators formally requested an FBI briefing on its investigation into the fatal shooting.

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Leesburg, VA -- In response to a letter from Congresswoman Jennifer Wexton (D-VA) and Senators Mark Warner (D-VA) and Tim Kaine (D-VA), the National Park Service has agreed to conduct a reconnaissance survey to evaluate the suitability of designating the George C. Marshall House in Leesburg, known as Dodona Manor, as an “affiliated area” under NPS, which would help protect the property.

“We are pleased that the National Park Service has agreed to our request to have the historic George C. Marshall House studied to become an affiliated area under the agency. The Marshall House offers a unique window into our history, having been an integral part of the Leesburg community for over two centuries, and today it offers important educational programs for visitors. This historic place deserves to be recognized and celebrated,” said Congresswoman Wexton and Senators Kaine and Warner.

“General George C. Marshall lived in Dodona Manor from 1943 until his death in 1959. While living at Dodona Manor he received world dignitaries including President Truman and Madam Chiang Kai-shek; served as the ‘organizer of victory’ during World War II and created the Marshall Plan resulting in his selection as the only career military officer to win the Nobel Peace Prize in 1953. This National Park Service designation will ensure the preservation of this important home for future generations,” said Stephen Chapin Jr., Chairman of the Board of Directors for The George C. Marshall International Center.

The letter, sent in November, cited General George C. Marshall’s lifetime of public service, serving as Chief of Staff to the Army during America’s entry into World War II, as Secretary of State where he orchestrated the historic Marshall Plan to rebuild Europe following the war, and as Secretary of Defense after the onset of the Korean War.

The Marshall House is currently registered as a National Historic Landmark by the Department of the Interior and has been designated by the Commonwealth of Virginia as a Virginia Landmark.

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