WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance Committee and co-chair of the Senate Cybersecurity Caucus, wrote today to the CEO of Quest Diagnostics, asking for information on the company’s supply chain management and cybersecurity practices after the company reported on Monday that approximately 11.9 million Quest patients may have been compromised as a result of a breach to a system used by one of Quest’s contractors.

“While I am heartened to learn that no evidence currently suggests Quest Diagnostic’s systems were breached, I am concerned about your supply chain management, and your third party selection and monitoring process. According to a recent report, 20 percent of data breaches in the health care sector last year were traced to third-party vendors, and an estimated 56 percent of provider organizations have experienced a third-party breach,” Sen. Warner wrote in his letter to Stephen Rusckowski, Chairman, President and CEO of Quest Diagnostics.

Earlier this year, Sen. Warner sent letters to multiple health care associations and government agencies including the Food and Drug Administration, Department of Health and Human Services, Centers for Medicare and Medicaid Services, and National Institute of Standards and Technology, seeking more information about steps being taken to reduce cyber vulnerabilities in the health care industry, which has become a growing target for cyberattackers. In the letters, Sen. Warner pointed to apparent gaps in oversight, expressed concern about the impact of cyber-attacks on the health care sector, and conveyed his desire to work alongside stakeholders to develop strategies that strengthen information security.

In today’s letter to Quest, Sen. Warner asked the company to provide additional information regarding the breach and the company’s processes for selecting and monitoring sub-contractors and vendors.

The full text of the letter appears below. A copy of the letter is available here.

Mr. Stephen H. Rusckowski

Chairman, President and Chief Executive Officer

Quest Diagnostics                  

500 Plaza Drive          

Secaucus, NJ 0709

Dear Mr. Rusckowski,

On Monday June 3rd it was publicly reported that the data of an estimated 11.9 million of your customers were exposed by one of your bill collection vendors, American Medical Collection Agency (ACMA). According to your SEC filing, between August 1st 2018 and March 30th 2019, an unauthorized user had access to American Medical Collection Agency’s systems and data that included credit card numbers and bank account information, medical information, and other sensitive personal information like social security numbers. A statement by ACMA noted that the company was made aware of the breach by a security compliance firm that works with credit card companies. An internal review was then conducted by ACMA, which took down the web payments page, and notified law enforcement.

While I am heartened to learn that no evidence currently suggests Quest Diagnostic’s systems were breached, I am concerned about your supply chain management, and your third party selection and monitoring process. According to a recent report, 20 percent of data breaches in the health care sector last year were traced to third-party vendors, and an estimated 56 percent of provider organizations have experienced a third-party breach.  One set of major vendor breaches in the last year were caused by a third-party administrator for health insurance companies, and impacted Highmark BCBS, Aetna, Emblem Health, Humana, and United Health. 

In February of this year I queried a number of health care stakeholders seeking input on how we might improve cybersecurity in the health care industry. As I work with stakeholders to develop a short and long term strategy for reducing cybersecurity vulnerabilities in the health care sector, I would like more information on your vendor selection and due diligence process, sub-supplier monitoring, continuous vendor evaluation policies, and what you plan to do about your other vendors, given the vulnerability and information security failures of this one.

Having long been an advocate for transparency and reporting of data breach information, I commend your reporting and handling of the breach notification, but I am still concerned with the third party evaluation and monitoring process.

To gain a better understanding of this situation, I would appreciate answers to the following questions:

1.      Please describe your third-party vendor information security vetting process.

2.      If you secure a contract with a third-party to collect information from your customers, do you have a process for evaluating the standards used by that entity, the sub-supplier, to secure their information systems?

3.      What are your third-party vendor security and risk assessment requirements?

4.      What are your third-party requirements for how customer information is processed and stored?

5.      What are your third-party vendor requirements for data encryption?

6.      How are you ensuring that your other third-party vendors like ACMA are not similarly vulnerable to point of sale malware or other information security vulnerabilities?

Thank you for your attention to this important issue. I look forward to your response in the next two weeks.

Sincerely,

Mark R. Warner

United State Senator

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WASHINGTON - Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement following President Trump’s announcement that, beginning on June 10, the U.S. will impose a 5 percent tariff on Mexican imports. According to the Trump Administration, if Mexico does not stop immigrants from crossing the Southwest border, tariffs could incrementally increase to 25 percent by October 1 and remain at that level until the migration stops.

“President Trump’s escalating trade war will force families to pay more on everyday items and put 133,000 trade-supported Virginia jobs at risk. What this Administration fails to understand is that, just as Trump's family separation policy failed, hiking tariffs on Mexico won’t deter families escaping violence and instability in their native countries from crossing our border,” said the Senators. “Last year, Virginians saw the impact of retaliatory tariffs imposed by Mexico after this Administration imposed damaging steel and aluminum tariffs. Mexico continues to be an important trade partner for the Commonwealth, and strong-arming our allies will only hurt Virginians without solving our immigration challenges.”

Mexico is Virginia’s sixth-largest overall agricultural export market, according to the Virginia Department of Agriculture and Consumer Services (VDACS). In 2018, Mexico purchased more than $111 million in Virginia exports – a 3 percent decrease from 2017, a decline attributable in part to reckless trade and tariff Trump Administration policies. To ease the burden on Virginia businesses, manufacturers and consumers, Sen. Warner introduced and Sen. Kaine cosponsored bipartisan legislation that would restore Congress’ constitutional trade responsibilities. Sen. Kaine has also introduced legislation to limit the Trump Administration’s ability to levy tariffs without Congress.

Sens. Warner and Kaine have been vocal about the economic effect of the Trump Administration’s haphazard approach on tariffs.  In April, the Senators slammed President Trump after threatening – and later walking back – his threat to close the U.S.-Mexico border.  To tackle the root causes of migration, the Senators introduced legislation to provide a coordinated response to the humanitarian crisis in the Northern Triangle countries that have forced families to seek refuge in the U.S. They have also urged the Trump Administration to reverse its plan to cut national security funding to El Salvador, Guatemala, and Honduras. 

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WASHINGTON — U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the statement below, following the press conference held by Special Counsel Robert S. Mueller III, who announced his resignation and spoke about the findings of the Mueller Report:

 “First, I want to thank Special Counsel Mueller for his patriotism and dedication to this two-year investigation. I am grateful the American people have heard from him directly regarding his findings. Still, this press conference leaves us with unanswered questions. The underlying evidence supporting the Special Counsel’s conclusions must be made available to Congress immediately.

 “What is clear is that Russia deployed a sophisticated cyber campaign in order to interfere in our democratic process and tip the scales in favor of then-candidate Donald Trump. This is the same conclusion that the bipartisan Senate Intelligence Committee reached. As the Special Counsel made clear today, it’s up to Congress to uphold the rule of law, and ensure this never happens again. Going forward, we must take steps to protect our democracy by passing legislation that enhances election security, increases social media transparency, and requires campaign officials to report any contact with foreign nationals attempting to coordinate with a campaign.”

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WASHINGTON – Today U.S. Senators Mark Warner (D-Va.), Chris Van Hollen (D-Md.), Ben Cardin (D-Md.), Tim Kaine (D-Va.), Patrick Leahy (D-Vt.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), and Sherrod Brown (D-Ohio) introduced the Agriculture Research Integrity Act, which would bar the U.S. Department of Agriculture (USDA) from reorganizing and moving the National Institute of Food and Agriculture (NIFA) and the Economic Research Service (ERS) out of the National Capital Region. Experts agree that Secretary Perdue’s proposal would undermine their effectiveness and relevance, and the rank-and-file staff opposes the move – just yesterday, it was reported that federal employees at both agencies “have quit in unusually large numbers” since the Secretary announced he would relocate the offices.

“The proposed relocation of the Economic Research Service and National Institute of Food and Agriculture from the National Capital Region could severely impact the ability of these agencies to carry out their critical research missions,” said Senator Warner. “These agencies provide invaluable research that drives agricultural, nutritional, and environmental policy in the U.S. Removing these agencies from the National Capital Region would negatively impact their work by disconnecting them from other vital research agencies located in the region and could impact their ability to attract and retain highly-qualified personnel.”

“The experts at NIFA and ERS conduct the scientific research that helps grow the food our families eat. They need a seat at the table with decision makers,” said Senator Van Hollen. “This proposed move – coupled with other efforts to undermine their work – is part of a broader effort by the Trump Administration to banish facts and science from policy decisions. We are committed to fighting it tooth and nail.” 

“Once again, the Trump Administration is seeking to marginalize scientists and independent research, choosing to scatter federal employees and potentially politicize what has historically been the work of nonpartisan civil servants,” said Senator Cardin. “With this bill, Congress has an opportunity to show it’s respect for our federal workforce and their work in advancing agriculture, food, the environment, and rural America on behalf of all Americans.” 

“USDA is proposing to uproot more than 700 hardworking federal employees from the National Capital Region with no cost/benefit analysis and no obvious public benefit. These federal workers will be forced to sell their homes, take their kids out of school, and move across the country to a location to be determined. This suspicious process is currently under investigation by the USDA Inspector General. Until USDA gives Congress and its own employees some straight answers, this move should be stopped,” said Senator Kaine. 

“The National Institute of Food and Agriculture and the Economic Research Service carry out vital science and research missions that our nation’s farmers, consumers, and lawmakers rely on.  Uprooting those agencies and their staffs would undermine those missions.  That would be a ‘solution’ to a problem that doesn’t exist,” said Senator Leahy.

“The National Institute of Food and Agriculture and the Economic Research Service play a critical role in ensuring that our agriculture industry remains a global leader and can meet the needs of American families for generations to come,” said Senator Merkley. “There is no reason why taxpayer money should be wasted on moving these research facilities hundreds of miles away, far from the officials who make sure their findings are honest and not influenced by politics or food manufacturers. I’m urging all of my colleagues in Congress to protect the future of American agriculture by saying no to any plan to move these essential agencies.”

“We rely on these workers to provide quality research about our food, our farming and our rural economy, and they deserve a say in this process. Uprooting families and workers is a bad idea that undermines productivity,” said Senator Brown.    

“U.S. farmers face constant uncertainty – not least of which comes from the extreme weather variability brought on by a changing climate. Secretary Perdue has added fuel to the uncertainty by proposing to uproot, reorganize, and ultimately gut two research agencies essential to the stability of a productive and sustainable food system. Since the Trump administration has been unable to provide evidence of how this move will benefit farmers, eaters, and the public interest, Congress must stop the reorganization and relocation. We thank Senator Van Hollen for leading the way,” said Rebecca Boehm, an economist for Union of Concerned Scientists’ Food and Environment program

“Under the Trump administration, the USDA is suppressing the publication of scientific research that ERS employees conduct and has proposed upending employees’ lives by relocating the agency outside the nation’s capital,” said American Federation of Government Employees National President J. David Cox Sr. “Just like we have been standing up and fighting back against numerous other anti-worker proposals from the Trump Administration, we will join the employees at ERS and NIFA in fighting against efforts to relocate them and politicize their research. AFGE thanks Senator Van Hollen for introducing this important legislation that will aid in our fight for fairness for these federal workers.” 

“The National Sustainable Agriculture Coalition and the farmers we represent from all regions of the country applaud the sponsors for introducing this bill.  We believe that nothing less than the future of public agricultural research and objective, policy-relevant economic analysis is at stake.  We encourage the Senate to follow the House lead and prohibit the misguided, unauthorized, and unfunded effort to move and undermine NIFA and ERS,” said Nichelle Harriott, Policy Specialist at the National Sustainable Agriculture Coalition (NSAC).

The House companion bill has been introduced by Congresswoman Chellie Pingree (D-Maine) and language prohibiting the ERS and NIFA move was included in the House Agriculture funding bill released yesterday. 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) applauded the inclusion of provisions that would provide much-needed oversight of privatized military housing for servicemembers in this year’s Senate National Defense Authorization Act (NDAA). The annual defense legislation lays out the nation’s overall policy priorities that are critical to our national security, and was just approved by the Senate Armed Services Committee, sending the bill to the full Senate for consideration.

 Following a Reuters investigation that exposed health, safety, and environmental hazards in privatized military housing throughout the United States, Sen. Warner has been advocating on behalf of servicemembers and their families to address concerns with military housing, including health hazards. The Senate legislation includes provisions from Sen. Warner’s bill that would increase accountability and oversight over privatized housing companies, empower servicemembers and their families when tackling housing disputes with private companies, and instate new quality assurance and quality control measures. The bill also establishes a “Tenant Bill of Rights” to ensure that servicemembers and their families have the protections they need and to ensure this does not happen again. 

“For far too long, military families have been subjected to sub-par living conditions, sometimes rivaling what you might see in a bad horror movie. That’s why I’m glad that my colleagues on the Armed Services Committee stepped up to add much-needed oversight on the private companies whose sole job is to provide safe housing for military families,” said Sen. Warner. “Additionally, I’m pleased to report that this defense bill includes additional steps to modernize our security clearance process to enhance our ability to hire and retain the national security talent we need to keep our country secure. Right now, we have 480,000 individuals waiting on a background check. While this drop is encouraging, there is still more work to be done to truly transform the clearance process.” 

Sen. Warner has met with military families in Norfolk, Fort Lee, and Fort Belvoir who’ve shared their stories of hazardous living conditions in their homes and their frustrations with the lack of oversight and response from the military services and their respective housing companies. To keep the pressure on addressing the deplorable housing conditions, Sen. Warner wrote to four private military housing companies requesting a plan of action from each company, and has urged the Department of Defense to develop long-term solutions for fixing the privatized housing program overall through reopening and renegotiating the agreements with the private companies.

As the Vice Chairman of the Senate Select Committee on Intelligence, Sen. Warner has continued to push for security clearance modernization and reform. In February, Sen. Warner reintroduced the Modernizing the Trusted Workforce for the 21^st Century Act of 2019, which was included in the Intelligence Authorization Act for Fiscal Years 2018-2020 and unanimously reported out of the Senate Select Committee on Intelligence last week. The Committee’s annual Intelligence Authorization Act also includes provisions championed by Sen. Warner that requires published guidelines so that the security clearance process cannot be abused for political purposes.

The defense bill also prioritizes innovation and technology development in the area of 5G and artificial intelligence (AI), to compete with our adversaries like Russia and China. As a former technology and telecommunications executive, Sen. Warner has pushed the Administration to develop a strategy to maintain our advantages in technological innovation, as well as to lead on 5G and AI.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and a former telecommunications executive and entrepreneur, along with Sens. Roger Wicker (R-MS), Tom Cotton (R-AR), Ed Markey (D-MA), and Dan Sullivan (R-AK), introduced legislation to establish U.S. policy for the commercial deployment and security of Fifth Generation (5G) networks. The United States 5G Leadership Act of 2019 will prioritize national security in the development of 5G by ensuring that American networks do not include equipment or services provided by Huawei, ZTE, or their affiliates. This legislation will also create a Supply Chain Security Trust Fund grant program to help rural and regional U.S. communications providers remove from their networks Chinese equipment determined to threaten national security.

“For a number of years, the federal government failed to effectively communicate the economic and national security risks of Huawei and ZTE communications equipment – and even adopted broadband grant policies that incentivized rural carriers to use this equipment because it was the cheapest around. While we’ve made enormous progress in educating the private sector of the dangers these vendors pose, we haven’t put in place policies to help resource-strapped rural carriers address and eliminate those risks. This bill ensures that on a going-forward basis we don’t make the same mistakes in allowing companies subject to extra-judicial directions of a foreign adversary to infiltrate our nation’s communications networks. And it provides significant resources to ensure that rural and regional providers can prioritize investments that eliminate this equipment from their existing networks where it poses a security threat,” said Sen. Warner. “Lastly, it builds on efforts my colleagues and I have already undertaken to engage with and educate the private sector about security risks and vulnerabilities posed to communications networks from certain foreign suppliers. We also believe this type of effort will be an important signal to international partners that we are putting resources behind this issue, and encouraging them to do the same.”

“5G networks need to be robust and secure, and not rely on equipment or services that pose a national security risk,” said Sen. Wicker. “This legislation would ensure continued American leadership in advanced wireless technology deployment. It offers relief to those providers that need to replace foreign equipment within their networks while augmenting the availability of secure 5G networks for all Americans.”

“Future U.S. security and economic prosperity will depend on 5G technology. With so much at stake, our communications infrastructure must be protected from threats posed by foreign governments and companies like Huawei,” said Sen. Cotton. “Our bill will support 5G’s deployment in the United States while defending that technology from exploitation.”  

“5G wireless will revolutionize global telecommunications and connect people, information, and technology like never before. While 5G could yield enormous benefits, it also could pose significant risks if not implemented properly,” said Sen. Markey. “We have a responsibility to ensure that this next generation of telecommunications infrastructure will safely and securely connect Americans to each other and to the rest of the world.”

“We urgently need a comprehensive strategy when it comes to the very real threat that foreign actors, particularly China, pose to our communications networks,” said Sen. Sullivan. “It is clear that this problem is only going to grow with the development of next generation communications technologies without aggressive intervention. I’m pleased to partner with Chairman Wicker on this critical issue at the intersection of national security and commerce.”

Among other measures, The United States 5G Leadership Act would:

• Establish U.S. policy to promote the deployment of secure commercial 5G networks and the development of the Information and Communications Technology (ICT) sector in the U.S.
• Establish U.S. policy to identify additional spectrum for 5G, with an emphasis on promoting harmonization with global allocations;
• Establish U.S. policy that American 5G networks should not include equipment or services provided by Huawei, ZTE, or their affiliates.
• Require the Federal Communications Commission (FCC) to finalize rulemaking that would prohibit the use of Universal Service Fund subsidies to buy equipment or services from providers who pose a national security risk.
• Establish the Supply Chain Security Trust Fund grant program to help smaller U.S. communications providers remove Huawei equipment from their networks — and would make available up to $700 million from future spectrum auctions for this purpose.
• Require a report on current Federal government measures to ensure the secure deployment and availability of 5G networks.
• Establish an interagency program – led by the Department of Homeland Security – to share information regarding security, risks, and vulnerabilities with U.S. communications providers and trusted suppliers.
• Prioritize funding to enhance U.S. representation at international 5G standards-setting bodies, such as the International Telecommunications Union.

“I thank Senators Wicker, Cotton, Warner, Sullivan, and Markey for introducing the United States 5G Leadership Act of 2019.  This bipartisan bill will help ensure that all carriers have the information and resources necessary to address security risks while advancing US leadership in 5G.  I appreciate the Senators’ leadership on this important issue and look forward to continued work with Congress to ensure access to secure wireless networks, particularly in rural America,” said Steven K. Berry, President & CEO, Competitive Carriers Association.

Sen. Warner has been a leading voice in the Senate about the national security risks posed by Chinese-controlled telecom companies. Last week, Sen. Warner spoke out in favor of the executive order banning U.S. telecommunications firms from installing foreign-made equipment that could threaten national security. He is also the lead sponsor of the Secure 5G and Beyond Act – a bill to safeguard next-gen mobile telecommunications systems and infrastructure. Additionally, earlier this year, Sen. Warner introduced bipartisan legislation to help combat tech-specific, national security threats posed by foreign actors like China. As Vice Chairman of the Senate Intelligence Committee, Sen. Warner has been leading a bipartisan effort to educate the private sector on the economic and security risks posed by Chinese companies like Huawei.

For the full text of this legislation, click here. 

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WASHINGTON – The Senate just unanimously passed bipartisan legislation sponsored by U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) to provide tax relief to the children of military members killed in service to their country. This legislation corrects one of the many unintended consequences of the Tax Cuts and Jobs Act of 2017 – legislation forced through by the GOP that, among other things, treats military and VA survivor benefits as trusts or estates, subjecting the benefits of many military families to a much higher tax rate. The Gold Star Family Tax Relief Act effectively fixes this error by treating any military and VA survivor benefits as earned income, rather than at the trust or parent tax rate. Companion legislation has been introduced by Rep. Elaine Luria (D-VA) in the House of Representatives, which now must vote to send the bill to the President’s desk for signature.

“Gold Star families deserve our sympathy and gratitude, not an unfair tax increase thanks to a Congressional screw-up,” said the Senators. “We’re glad the Senate has decide to fix this mistake, and we hope the House will take action swiftly to ensure that Gold Star families aren’t hit with a tax hike.”

Under current law, spouses of deceased service members are eligible to receive two different survivor benefits – the Department of Veterans Affairs' Dependency and Indemnity Compensation, as well as the Department of Defense (DOD) Survivor Benefits Plan. However, surviving spouses are not currently able to receive both benefits simultaneously in full, and many of these spouses choose to sign the taxable DOD benefit over to their children. Prior to the Tax Cuts and Jobs Act of 2017, children receiving this benefit were taxed at the parent’s rate, but due to changes in the law, survivor benefits going to children are now treated as a trust or estate, and can be taxed up to 37 percent. This change has affected Gold Star families, who previously paid an average of 12 to 15 percent in taxes on this survivor benefit and have now been forced to pay significantly more without adequate preparation.

As a retroactive bill, the Gold Star Family Tax Relief Act would refund Gold Star families who were taxed the higher rate, going back as far as December 31, 2017.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Sens. Ben Cardin and Chris Van Hollen (both D-MD), today wrote to Acting Director Russell T. Vought to express grave concern over a new Trump Administration proposal that would, among other things, effectively end Congress’ ability to provide advice and consent over the individual responsible for establishing federal workforce policy and regulations. As part of a White House proposal sent to congressional leaders on Thursday, workforce policy responsibilities currently executed by the Office of Personnel Management (OPM) would be transferred to the Office of Management and Budget (OMB), thereby taking these crucial duties from a Senate-confirmed director and assigning them to an administrator appointed directly by the President. 

“We wish to express both our frustration about the lack of transparency that defined the Administration’s drafting of this proposal and our grave concern that these changes will negatively impact and further undermine our country’s federal workforce,” the Senators wrote. “The vast majority of the federal workforce is comprised of career civil servants who perform their duties apolitically and without regard to which party presently heads the Executive Branch. These dedicated employees are the lifeblood of our democracy and it is imperative that they continue to be insulated from the political impulses of this President and any future President. Federal workers have every right to be concerned with this proposal and the Administration owes them substantially more information and transparency than has been provided to date.”

Last Thursday, May 16, the Trump Administration requested congressional authorization to merge the vast majority of OPM functions and responsibilities into the General Services Administration (GSA), including Human Resources Solutions, Information Technology, Retirement, and Health and Insurance Services. A key component of this proposal involves transferring the role of establishing government-wide workforce policy to a new Office of Federal Workforce Policy within OMB, which rests under the authority of the Executive Office of the President. This move would remove the Senate’s ability to have pre-selection oversight over the individual responsible for setting policies and regulations that affect federal workers nationwide, therefore opening the doors for this, or a future Administration, to act with political motivation towards the federal workforce. 

In their letter to OMB, the Senators conveyed great concern about the possibility of allowing politically-motivated individuals to set policies that affect loyal public servants in apolitical career roles. They also questioned Acting Director Vought about the nature of this unprecedented decision and its effect on federal workers – and requested that no further action be taken until all questions are thoroughly addressed. These questions include:

• What analysis has been conducted to evaluate the potential costs and risks associated with this proposal? What specific factors have been considered, and which perceived benefits were regarded as outweighing any disruption and risk to the federal workforce?
• How can federal workers nationwide and Congress feel confident that neither this President nor any future President would act to politicize civil service or take retaliatory or punitive action against federal workers?
• What other changes to federal workforce policy or the organization of OPM and/or GSA does the Administration plan to take before receiving—or absent altogether—additional Congressional authorization to implement aspects of this proposal? If any, under what statutory authority does the Administration perceive to be empowered to take such actions?
• What input was considered from Members of Congress, congressional committees, or federal workforce unions, management associations, professional associations, and affinity groups in drafting this proposal?
• What impact would this proposal have on the number of individuals employed by OPM? In what ways would the number of individuals dedicated to the current responsibilities and mandates of OPM change with the implementation of this proposal? Does this proposal assume increased or flat funding authorization levels for GSA after the merge?
• Does the Administration believe GSA currently has adequate cybersecurity resources and funding to appropriately protect their current mission, in addition to that of OPM?

Sens. Warner, Kaine, Cardin, and Van Hollen have been long-time, outspoken advocates for federal workers. In February, the Senators pressed OMB to implement the 1.9 percent pay increase for federal employees they worked to pass into law earlier in the year. Amid the partial federal government shutdown, the Senators took a series of actions to protect affected workers, including guaranteeing back pay for federal employees, urging back payfor contractors, introducing budget amendments to protect federal workers, and urging OPM to prevent the termination of dental and vision insurance for federal employees.

Full text of the letter is below and a copy can be found here.

May 20, 2019

The Honorable Russell T. Vought

Acting Director

Office of Management and Budget

Executive Office of the President

Washington, DC 20503

Dear Acting Director Vought:

We write today in response to your proposal to merge the functions and responsibilities of the Office of Personnel Management (OPM) within the General Services Administration (GSA). Specifically, we wish to express both our frustration about the lack of transparency that defined the Administration’s drafting of this proposal and our grave concern that these changes will negatively impact and further undermine our country’s federal workforce.

In your letter to Congress dated May 16, 2019, you outline a proposal to transfer the “vast majority” of OPM’s current mission to GSA. As you note, this would include Human Resources Solutions, Information Technology, Retirement, and Health and Insurance Services. The proposal would also create an Office of Federal Workforce Policy within the Office of Management and Budget (OMB), which would assume the workforce policy responsibilities currently executed by OPM.

We have serious concerns with housing this new Office of Federal Workforce Policy within the Executive Office of the President, and having it run by an Administrator appointed directly by the President and without Senate confirmation. Your proposal details that this Office is to, among other functions, “provide overall strategic direction and coordination of workforce policy and regulations for all Executive agencies, other than the Government Accountability Office.” The vast majority of the federal workforce is comprised of career civil servants who perform their duties apolitically and without regard to which party presently heads the Executive Branch. These dedicated employees are the lifeblood of our democracy and it is imperative that they continue to be insulated from the political impulses of this President and any future President.

Federal workers have every right to be concerned with this proposal and the Administration owes them substantially more information and transparency than has been provided to date. To that end, we ask that you provide responses to the following questions:

• What analysis have you conducted to evaluate the potential costs and risks associated with this proposal? What specific factors did you consider, and which perceived benefits did you regard as outweighing any disruption and risk to the federal workforce?
• The civil service system is statutorily required to be apolitical and merit-based. However, this proposal would significantly impede Congress’ ability to conduct oversight over this matter by no longer allowing the Senate to provide advice and consent over the individual directly responsible for setting all federal workforce policy and regulations. How can federal workers and Congress feel confident that neither this President nor any future President would act to politicize civil service or take retaliatory or punitive action against federal workers?
• What other changes to federal workforce policy or the organization of OPM and/or GSA does the Administration plan to take before receiving—or absent altogether—additional Congressional authorization to implement aspects of this proposal? If any, under what statutory authority does the Administration perceive to be empowered to take such actions?
• What input did you consider from Members of Congress, congressional committees, or federal workforce unions, management associations, professional associations, and affinity groups in drafting this proposal?
• What impact would this proposal have on the number of individuals employed by OPM? In what ways would the number of individuals dedicated to the current responsibilities and mandates of OPM change with the implementation of this proposal? Does your proposal assume increased or flat funding authorization levels for GSA after the merge?
• Does the Administration believe GSA currently has adequate cybersecurity resources and funding to appropriately protect their current mission, in addition to that of OPM?

As a first step in conducting oversight of this dramatic proposal, our federal workforce is owed answers to these questions. Until the aforementioned questions have been thoroughly addressed and the authorities under which you are proposing such actions are clearly articulated, we respectfully request that you take no further action on this or any related matter.

We request your reply by the end of this month. We will continue to actively monitor the Administration’s explanation of this proposal to other Members of Congress and to the public, and look forward to your reply.

Sincerely,

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) recently joined 32 other Senators in reintroducing legislation to tackle the root causes of the Central American migrant crisis. The Central American Reform and Enforcement Act will provide a coordinated regional response to effectively manage the humanitarian crises in El Salvador, Guatemala, and Honduras that are forcing many women, children, and families to seek refuge in the U.S.

“After two and a half years of haphazard immigration decisions by the Trump Administration, it’s clear that we need smart legislation that prioritizes our national security in an effective way,” said the Senators. “This bill will finally reverse the Administration’s shortsighted decision to cut vital foreign assistance to El Salvador, Guatemala, and Honduras and help alleviate the violence and instability that continues to displace thousands of children and families, forcing them to flee to the U.S.” 

El Salvador, Guatemala, and Honduras are among the most dangerous countries in the world, particularly for women and children who face increasing and unrelenting violence at the hands of armed criminal gangs and drug traffickers who act with impunity. Since 2008, incidents of murder, violence, and corruption perpetrated by criminal networks have remained at alarming levels in these countries. The Trump Administration has further exacerbated this instability with policies that have cut funding to Central American governments and terminated protections for those who enter the U.S. after fleeing Honduras and El Salvador.

Specifically, the Central America Reform and Enforcement Act would: 

• Provide conditional assistance to Northern Triangle governments to restore the rule of law, create a more secure environment for children and families, promote economic opportunities, strengthen democratic public institutions, and reduce corruption. Under this legislation, assistance funding would be dependent on the State Department certifying that the governments are implementing reforms and making progress on critical priorities.
• Crack down on smugglers, cartels, and traffickers exploiting children and families by creating new criminal penalties for human smuggling, schemes to defraud immigrants, and bulk cash smuggling. This bill would also expand on the work by the Department of Homeland Security and law enforcement agencies to disrupt and prosecute trafficking and smuggling rings.
• Allow refugees to apply for asylum to the U.S. while in Central America as an alternative to undertaking a dangerous journey to the U.S. to apply. Ongoing and rampant regional violence suggests that women and children will continue to flee to other countries in search of protection. This legislation would help Mexico and other Central American countries strengthen their own asylum systems, expand refugee processing for third-country resettlement, and create a new refugee processing program to provide women and children an alternative to making the dangerous journey north. 
• Enhance monitoring of unaccompanied children after they are processed at the border. Currently, the U.S. government lacks the resources to track unaccompanied children after they are processed by Border Patrol and placed with a sponsor – usually a close family member. This legislation would strengthen the ability of the Department of Health and Human Services to oversee the safety and wellbeing of children released to an adult sponsor while they await their court hearing. It would require consistent, uniform, and timely background checks, post-placement wellness checks, and post-release services. It would also provide resources and guidance to local school districts enrolling unaccompanied children. 
• Ensure fair, orderly and efficient processing of those who do reach our border seeking protection. This legislation would provide a fair and legal process for children and families seeking asylum, improve immigration court efficiencies by requiring a significant increase in the number of immigration judges to ensure the prompt resolution of immigration claims, and establish reintegration programs in Central America that reduce the likelihood of re-migration for those who do not have legal grounds to stay in the United States.

The Central American Reform and Enforcement Act was introduced by Sens. Chuck Schumer (D-NY), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Bob Menendez (D-NJ), Patrick Leahy (D-VT), Tom Carper (D-DE), and Mazie Hirono (D-HI), and cosponsored by Sens. Tammy Baldwin (D-WI), Michael Bennet (D-CO), Cory Booker (D-NJ), Richard Blumenthal (D-CT), Ben Cardin (D-MD), Ed Markey (D-MA), Catherine Cortez-Masto (D-NV), Tammy Duckworth (D-IL), Kristen Gillibrand (D-NY), Kamala Harris (D-CA), Maggie Hassan (D-NH), Amy Klobuchar (D-MN), Jeff Merkley (D-OR), Chris Murphy (D-CT), Patty Murray (D-WA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (D-VT), Brian Schatz (D-HI), Tina Smith (D-MN), Tom Udall (D-NM), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

As Senators from Virginia – where the #1 country of origin for immigrants is El Salvador – Sens. Warner and Kaine have been vocal about the need to restore foreign assistance to Northern Triangle countries. In April, they urged the Trump Administration to reverse its plan to cut national security funding to El Salvador, Guatemala, and Honduras.

For full text of this legislation, click here.

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WASHINGTON – With the Senate preparing to reauthorize the Higher Education Act, Sen. Mark R. Warner (D-VA) today reintroduced three pieces of legislation aimed at providing urgent relief to borrowers amid the ongoing student debt crisis. The bills would give borrowers much-needed support by promoting financial literacy, thus empowering students to make more informed decisions and better manage their debt; making it easier for students to put their existing college course credits to use and receive the degree or credential they have already earned; and providing legal recourse for borrowers needing to sever a joint consolidation loan, including those being held responsible for an abusive or uncommunicative spouse’s loans.

Nationwide, Americans owe more than $1.5 trillion in student loan debt—surpassing credit cards and auto loans as the country’s leading source of non-housing debt. In the Commonwealth of Virginia, 62 percent of recent graduates have student loan debt, with an average debt of more than $33,000, according to the State Council of Higher Education for Virginia (SCHEV).

“Like many Americans, I had to rely on student loans in order to pay for my tuition and graduate from college. However, the rising cost of education has forced more and more people to rely on exorbitant student loans just to have a chance at competing in the workforce,” said Sen. Warner. “As we prepare to reauthorize the Higher Education Act, I am proud to reintroduce three pieces of legislation designed to assist Virginians saddled with unmanageable student loan debt. I urge my colleagues to quickly pass these measures, which empower young borrowers and eliminate pointless policies that make it more difficult for students to receive the degrees they have earned.”

The Empowering Students through Enhanced Financial Counseling Act will take the important step of tackling student loan debt on the front end by increasing financial literacy among prospective borrowers and empowering them to make better-informed decisions about their higher education financing. Current law only requires that institutions provide one-time entrance and exit counseling to student loan borrowers receiving federal student aid, excluding Parent PLUS loans and consolidation loans. This bill will promote financial literacy by requiring that federal student loan borrowers – both students and parents – receive annual counseling that reflects their individual borrowing situation; increasing awareness of accumulating financial obligations by requiring borrowers to consent each year before receiving federal student loans; requiring annual counseling for Pell Grant recipients; and directing the U.S. Secretary of Education to maintain and distribute an online counseling tool that institutions can use to provide the counseling required by the bill.

In addition to Sen. Warner, the Empowering Students through Enhanced Financial Counseling Act is being cosponsored by Sens. Tim Kaine (D-VA), Cory Gardner (R-CO), and Tim Scott (R-SC). This legislation has the support of the National Education Association, Bipartisan Policy Center, UNCF, TICAS, Chiefs for Change, and American Student Assistance.

Another piece of legislation, the Reverse Transfer Efficiency Act, will cut through bureaucratic red tape and make it easier for students to receive degrees they have already earned by facilitating the process of “reverse transferring” college credits – or transferring credits from a four-year institution to a two-year institution in which a student was previously enrolled to identify whether they earned enough credits along the way to receive a degree. The bill creates an additional exemption under the Family Educational Rights and Privacy Act (FERPA) to explicitly allow for the sharing of credit data between post-secondary institutions that a student previously attended, for the purpose of determining whether they earned an associate’s degree or certificate along the way. A cautious interpretation of FERPA currently requires students to give their institutions proactive permission to determine whether they have earned enough credits to be awarded a degree or certificate. As a consequence of this unnecessary bureaucratic step – which is proven to diminish credential attainment rates – four million Americans, including more than 123,000 Virginians, have left school without receiving the valuable credentials they paid for and worked hard to earn.

In addition to Sen. Warner, the Reverse Transfer Efficiency Act is being cosponsored by Sen. Johnny Isakson (R-GA). The legislation has the support of the Virginia Community College System, American Association of Collegiate Registrars and Admission Officers, American Association of Community Colleges, Hispanic Association of Colleges and Universities, Institute for Higher Education Policy, and Student Veterans of America, among others.

“As Virginia's Community Colleges continue working to prepare students with the skills they need to be successful in on-demand jobs and growth industries, credential attainment is a key indicator of their career readiness and our effectiveness in serving them,” said Glenn DuBois, chancellor of Virginia’s Community Colleges. “The bipartisan Reverse Transfer Efficiency Act will provide much needed clarity in facilitating communication between institutions and removing bureaucratic obstacles to credential attainment. I applaud Senators Warner and Isakson for working across the aisle to find common ground and introduce this sensible approach to advancing workforce readiness.”

Lastly, the Joint Consolidation Loan Separation Act will provide much-needed relief for borrowers who previously consolidated their student loan debt with a spouse’s. Congress eliminated the program in 2006 but failed to provide a way for borrowers to sever existing loans, even in the event of domestic violence, economic abuse, or unresponsiveness. As a result, too many borrowers nationwide remain liable for their abusive or uncommunicative spouse’s debt with no legal options for relief. The bill would establish a process at the U.S. Department of Education through which affected borrowers, including survivors of domestic violence or economic abuse, would be able to separate their student loan debt from that of their former spouse.

In addition to Sen. Warner, the Joint Consolidation Loan Separation Act is being cosponsored by Sens. Marco Rubio (R-FL) and John Cornyn (R-TX). It has the support of the Virginia Sexual and Domestic Violence Action Alliance, the National Network to End Domestic Violence, the National Consumer Law Center (on behalf of its low-income clients), and the North Carolina Coalition Against Domestic Violence.

“The Action Alliance is pleased to support these efforts to provide victims of domestic and economic abuse with student loan relief,” said Jonathan Yglesias, Policy Director at the Virginia Sexual and Domestic Violence Action Alliance. “This bill will make a difference for the people who need it, and I hope Congress will move swiftly to enact it.”

Click here for more information on the Empowering Students through Enhanced Financial Counseling Act, the Reverse Transfer Efficiency Act, and the Joint Consolidation Loan Separation Act.

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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 President Trump signed an executive order to ban American telecommunications firms from installing foreign-made equipment that could pose a threat to national security:

 “This is a needed step, and reflects the reality that Huawei and ZTE represent a threat to the security of U.S. and allied communications networks. Under current Chinese security laws, these and other companies based in China are required to provide assistance to the Chinese state. This executive order places a great deal of authority in the Department of Commerce, which must ensure that it is implemented in a fair and responsible fashion as to not harm or stifle legitimate business activities. It should also be noted that we have yet to see a compelling strategy from this Administration on 5G, including how the Administration intends to work cooperatively with our allies and like-minded nations to ensure that international standards set for 5G reflect Western values and standards for security and privacy. Nor do we have a stated plan for replacing this equipment from existing commercial networks – a potentially multi-billion dollar effort that, if done ineptly, could have a major impact on broadband access in rural areas. A coherent coordinated and global approach is critically needed as nations and telecom providers move to implement 5G.”

 As a former telecommunications executive and entrepreneur, Sen. Warner has been a leading voice in the Senate regarding the national security risks posed by Chinese-controlled telecom companies. He is the lead sponsor of the Secure 5G and Beyond Act – legislation to require the President to ensure the security of next-gen mobile telecommunications systems and infrastructure in the United States. He also introduced a bipartisan bill in January to help combat tech-specific threats to national security posed by foreign actors like China. Additionally, Sen. Warner called on the Trump Administration last week to promote U.S. leadership and strengthen diplomatic efforts around the development of a secure 5G architecture that challenges Huawei’s monopoly over the next generation of telecoms networks.