WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $25,144,014 in federal funding for Virginia Beach to protect critical infrastructure from the impacts of consistent flooding and rising sea levels. The project will fund several upgrades – including stormwater pump stations – to support coastal resilience across the city and along Shore Drive. 

“Rising sea levels threaten lives and livelihoods, and also risk the continued strength of our roads and bridges,” the senators said. “We’re glad to see $25 million headed straight to Virginia Beach to further shore up resilience efforts across Hampton Roads, protecting residents from the danger of severe weather, the threat of property damage, and the frustration of flooded roads.”

This grant will protect vital infrastructure in Virginia Beach and along Shore Drive that is being impacted by rising sea levels, higher tidal systems, and stormwater runoff that results in regular roadway floods during normal rain events. This project will include two large stormwater pump stations, an automated tide gate, two significant outfall discharges, collection systems, a rain garden, and canal deepening and widening to alleviate flooding in the community. This project will protect up to a 100-year base flood elevation, mitigate flooding on transportation infrastructure and on 11 Repetitive Loss properties, and provide drainage to 614 buildings.

Sens. Warner and Kaine have consistently fought for more resilience measures across Hampton Roads. As part of the bipartisan infrastructure law (BIL), Sens. Warner and Kaine secured $1.5 million for the Virginia Beach and Vicinity Coastal Storm Risk Management Study. Also through the BIL, they secured nearly $399 million for the Norfolk Coastal Storm Risk Management Project, which will reduce and manage flooding in Norfolk through a system of surge barriers, tidal gates, floodwalls, levees, pump stations, and non-structural measures. In June, Sens. Warner and Kaine visited Norfolk for the signing of the Project Partnership Agreement, which kicked off the formal partnership between the City of Norfolk and the U.S. Army Corps of Engineers, allowing the project to commence. 

This funding was awarded through the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA)’s Building Resilient Infrastructure and Communities (BRIC) grant program. The BRIC program provides funding for proactive upgrades to areas at greater risk of damage from hurricanes, flooding, and wildfires.

WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and John Thune (R-SD) urged the Internal Revenue Service (IRS) to more effectively promote educational assistance programs that would help alleviate the burden of student loan payments. Specifically, the senators are focused on efforts to make employers and employees aware of their Employer Participation in Repayment Act, which allows employers to contribute up to $5,250 tax-free to employees’ student loans annually through 2025.

“This provision within section 127 is a win-win for employers and employees, as it provides a pathway towards student loan debt relief for borrowers and provides employers with another option to recruit and retain talent necessary to grow their businesses,” the senators wrote.

In April of this year, Sen. Warner questioned IRS Commissioner Danny Werfel on the organization’s outreach efforts regarding benefits available to borrowers. During the exchange, Commissioner Werfel committed to devoting significant efforts to making taxpayers aware of these benefits. Since then however, little progress has been made to make employers and employees aware of these programs, which would greatly reduce stress of monthly payments for borrowers and help employees retain qualified candidates.  

“During your testimony before the Senate Finance Committee on April 19, 2023, you stated that outreach on section 127, including ensuring that taxpayers are aware of such benefits, is a top priority of the agency,” the senators continued. “However, we have found that resources on educational assistance programs are difficult to locate on the IRS website. Additionally, within these hard-to-find and limited resources, the expansion of the program to include student loan debt as a qualifying tax-free educational expense is not highlighted as new information and the eligibility window is deeply buried. Furthermore, online IRS webinars have failed to adequately promote employer-provided educational assistance programs and call attention to student loan debt payments as a qualifying expense.” 

The senators requested the IRS take a series of steps to better promote these programs and ensure that employers and employees are fully aware of the benefits afforded to them, including that:

• The IRS host and publish webinars on employer-provided educational assistance programs;
• The IRS publish new and robust resources to aide employers seeking to take advantage of section 127 benefits;
• And the IRS communicate expanded section 127 benefits and new resources to employers and employees, including, but not limited to, transmitting this information through IRS e-newsletters for business owners.

Created in 1978 and made permanent in 2012, section 127 of the IRS Code provides a tax benefit allowing employers to contribute up to $5,250 in tax-free annual assistance to employees pursuing continued education. In 2019, with broad bipartisan support, Sens. Warner and Thune introduced the Employer Participation in Repayment Act, legislation that extends this tax-free benefit to employees’ existing student loans. The senators played a key role in extending this provision through 2025 as part of the 2021 government spending package.  

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

Dear Commissioner Werfel,

We write to urge the Internal Revenue Service (IRS) to take meaningful steps to effectively promote educational assistance benefits provided under section 127 of the Internal Revenue Code, specifically the temporary provision within the law that allows employers to contribute up to $5,250 tax-free towards their employees’ student loans annually. This provision within section 127 is a win-win for employers and employees, as it provides a pathway towards student loan debt relief for borrowers and provides employers with another option to recruit and retain talent necessary to grow their businesses.

Nationwide, Americans owe more than $1.7 trillion in student loan debt, outstripping credit cards and auto loans as the country’s leading source of non-housing debt. With increased college costs leading to students taking on more debt, the need for innovative solutions to ease the burden of student loan debt is greater than ever. That is why we were pleased to secure passage of our Employer Participation in Repayment Act (EPRA), which reformed educational assistance programs under section 127 to include student loans payments as a qualifying educational expense.

Prior to this change, employers with educational assistance programs could provide their employees with up to $5,250 per year in tax-free benefits for ongoing education purposes (e.g., tuition and fees). The EPRA provision that we championed as part of the CARES Act amended section 127, expanding the $5,250 tax-free, annual benefit to include student loan payments through 2020, with subsequent legislation extending this benefit through 2025. In other words, as a result of this change in the law, employers are provided with an important tool to help their employees pay down outstanding student loan debt.

The modernization of section 127 better meets the needs of today’s workforce, as it not only helps individuals pay down their student loans, but also serves as a unique tool for employers to attract and retain talented employees. Additionally, employer-sponsored student loan repayment under section 127 helps employees get out of debt faster and put more of their hard-earned paycheck towards other necessities. While we were proud to champion this necessary expansion of section 127, as its sunset date approaches we want to make sure that we are maximizing the reach of this important benefit.

According to a 2023 survey of over 4,000 participants representing independent organizations, 48% of respondents indicated that their organization provides undergraduate or graduate tuition assistance. However, only 8% of responding organizations shared that they offer student loan repayment as an educational assistance benefit. This underscores the need for the IRS to use all tools at the agency’s disposal to increase awareness among employers about recent changes to section 127. Furthermore, the IRS should take steps to ensure that employers of all sizes have resources available to them to quickly form an educational assistance program for their workforce.

During your testimony before the Senate Finance Committee on April 19, 2023, you stated that outreach on section 127, including ensuring that taxpayers are aware of such benefits, is a top priority of the agency. However, we have found that resources on educational assistance programs are difficult to locate on the IRS website. Additionally, within these hard-to-find and limited resources, the expansion of the program to include student loan debt as a qualifying tax-free educational expense is not highlighted as new information and the eligibility window is deeply buried. Furthermore, online IRS webinars have failed to adequately promote employer-provided educational assistance programs and call attention to student loan debt payments as a qualifying expense.

To ensure that employers and employees are fully aware of the benefits afforded to them under section 127, we request that you take the following actions:

1)      We request that the IRS host and publish webinars on employer-provided educational assistance programs. Webinars should provide details on student loan debt being a qualifying expense under section 127 and provide participants with the opportunity to engage in a meaningful Q&A session with IRS staff. Furthermore, webinars should be scheduled with adequate notice periods, promoted in conjunction with relevant stakeholders, including industry associations, and published prominently on the agency’s website for future reference.

2)      We request that the IRS publish new and robust resources to aide employers seeking to take advantage of section 127 benefits. These new resources should include a sample written plan for employers to utilize and the addition of a ‘Frequently Asked Questions’ section on employer-provided educational assistance programs to the IRS webpage. These resources should be clearly visible and prominently displayed on the IRS webpage.

3)      Finally, we ask that the IRS communicate expanded section 127 benefits and new resources to employers and employees, including, but not limited to, transmitting this information through IRS e-newsletters for business owners.

We are hopeful that by providing additional resources and informing employers and employees of section 127 benefits, we will address our shared goals of promoting workforce development, improving worker recruitment and retention, and providing much-needed student loan debt relief.

We appreciate your attention to this matter and look forward to your prompt response.

Sincerely,

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U.S. Sen. Mark R. Warner (D-VA), applauded today’s Senate passage of the nation’s annual defense bill, which includes top priorities for Virginia, as well as a number of measures championed by Sen. Warner. 

“I’m pleased to see the Senate move forward on a defense bill that provides our military and Department of Defense with the resources needed to preserve our national security. This legislation includes critical measures to improve quality-of-life for servicemembers, advance critical military construction projects, strengthen Virginia’s shipbuilding industry, and support Ukraine in its fight against Russian aggression,” said Sen. Warner. “I was proud to vote in favor of this legislation and hope that my colleagues in the House of Representatives will work in good faith to reach a final compromise between the two chambers.” 

The legislation supports $886.3 billion in funding for our nation’s defense, and includes crucial measures supported by Sen. Warner.

Servicemembers and the civilian defense workforce:

• Authorizes a 5.2 percent pay raise for military servicemembers and Department of Defense (DoD) civilian workforce.
• Improves living conditions for enlisted servicemembers by greenlighting improvements to the quality and oversight of barracks. This provision specifically authorizes the replacement of substandard barracks and establishes new requirements that enlisted housing meet the same basic standards as all other military housing.
• Improves living conditions for junior Navy Sailors whose vessels are undergoing an extended maintenance overhaul. This legislation authorizes basic allowance for housing (BAH) payments that allow these servicemembers to live in commercial housing, rather than aboard the ship.
• Supports more equitable housing rates in markets with limited housing inventory by modifying the calculation of basic allowance for housing (BAH) rates.
• Allows for additional financial support for servicemembers, by reducing the threshold used to determine high cost-of-living areas for the purpose of providing a cost-of-living allowance to servicemembers assigned to locations in the continental United States.
• Requires a pilot program to assess the effectiveness of increased compensation for DoD childcare employees, in improving the ability to recruit and retain providers. To help address the overwhelming demand for childcare, last year Sen. Warner was able to secure $3.5 million in planning & design funding to support two new child development centers at Hampton Roads installations. This year’s Senate-passed NDAA would authorize $78 million in construction funding for additional facilities.
• Encourages a comprehensive review of the Navy’s efforts to prevent and respond to incidents of death by suicide, suicide attempts, and suicidal ideation in commands and organizations within the Navy that have not been reviewed by other studies.

Strengthening our nation’s defense and cyber defense capabilities:

• Authorizes $16.7 billion for military construction projects, including $625 million for 19 military construction projects in Virginia.
• Authorizes the Navy to enter into one or more contracts for the multiyear procurement of the next block of 10 Virginia-class submarines.
• Directs the Navy to schedule maintenance and repair activities for amphibious ships in order to ensure that 24 such warships are available for worldwide deployment at any given time.
• Requires the development of a regional cybersecurity strategy to support the operations of each geographic combatant command.
• Requires the establishment of a dedicated cyber intelligence capability to support information-sharing on technology developments, capabilities, operations, and intentions of actors who pose cyber threats.
• Directs DoD to support institutions of higher education on cyber workforce education and development efforts in the fields of cybersecurity, intelligence, data science, information security management, and quantum information science.
• Increases transparency surrounding the DoD’s investments in Artificial Intelligence by requiring DoD to provide an annual report to Congress detailing the categories of AI technologies and their respective investment amounts, and an analysis of how these investments support broader AI direction and strategies at the Department. This provision stems from an amendment by Sen. Warner.
• Strengthens the security of U.S. elections infrastructure by requiring that voting systems undergo simulated attacks as part of their standard certification process. This provision, written by Warner, would direct the Election Assistance Commission (EAC) to require that systems seeking certification undergo penetration testing, a practice that allows researchers to search for vulnerabilities by attempting to attack a system with the same tools and techniques used by cybercriminals.

Countering aggression by adversaries like Russia and China:

• Prohibits the purchase of drones from countries like China that pose a national security threat. This provision, championed in part by Warner, prohibits federal dollars from being used to procure commercial off-the-shelf drone or covered unmanned aircraft systems from countries identified as posing a national security threat. 
• Authorizes the full budget request for the European Deterrence Initiative (EDI) and the Pacific Deterrence Initiative (PDI).
• Establishes the Indo-Pacific Maritime Domain Awareness Initiative, a defense initiative with allies and partners of the United States, including Australia, Japan, and India.
• Underscores the United States’ commitment to the North Atlantic Treaty Organization (NATO) and emphasizes the importance of maintaining a unified response to the Russian Federation’s unjust war in Ukraine. Sen. Warner has been a strong supporter of NATO, which conducts crucial work in Virginia at NATO Allied Command Transformation in Hampton Roads.
• Supports Ukraine in its fight against Russian attacks and aggression byextending the Ukraine Security Assistance Initiative (USAI) through fiscal year 2027 and authorizing the full budget request of $300 million in fiscal year 2024.The USAI is one of the main tools used by the U.S. in support of Ukraine’s defensive needs. This legislation also extends waivers for the streamlined acquisition of defense stocks related to Ukraine and authorizes additional munitions eligible for multiyear procurement contracts.
• Limits or prohibits Department of Defense funding for institutions or researchers that contract with Chinese or Russian institutions that engage in intellectual property theft or are linked to the Chinese or Russian military, or intelligence services.
• Provides support to Taiwan by establishing a comprehensive training, advising, and institutional capacity-building program for the military forces of Taiwan.

Now that both the Senate and the House of Representatives have passed their versions of the annual defense bill, negotiators from both chambers will have to participate in a conference process to negotiate a final bill to send to the President’s desk.  

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine reintroduced the Pipeline Fairness, Transparency, and Responsible Development Act, legislation to strengthen the public’s ability to evaluate the impacts of and provide input on natural gas pipelines being considered by the Federal Energy Regulatory Commission (FERC).

“From our conversations with Virginians, it’s clear that they have not been given adequate opportunities to make their voices heard in FERC’s permitting decision-making processes, including in cases like the Mountain Valley Pipeline where their land could be taken away,” said the senators. “That’s an understandably frustrating situation, which is why we created this legislation to improve the way FERC gathers public input to help ensure that Virginians can weigh in on these decisions.”

Congress has given FERC the authority to evaluate the benefits and drawbacks to energy infrastructure proposals. The senators’ legislation would make it easier for the public to offer FERC input and would clarify the circumstances under which eminent domain may be used. The bill would also require public comment meetings to be held in every locality through which a pipeline would pass at every stage of the review process, in order to minimize situations where individuals are forced to commute long distances with very little time to comment.

Additionally, the legislation would strengthen local landowners’ rights by improving the process by which landowners are notified of a pipeline application and bolstering their ability to ensure any concerns about their property are given fair consideration.

Specifically, the legislation would:

• Improve the process by which landowners are notified of a potential pipeline project affecting their property;
  • Require that FERC review companies’ notices to landowners to ensure these notices meet FERC criteria;
• Require that FERC or applicants for a FERC Certificate of Public Convenience and Necessity (e.g., companies with pipeline proposals) provide clear and complete instructions to all affected landowners on how to request an appeal or “rehearing” through FERC. The notice must make it clear to landowners that they must appeal to FERC in a timely manner for a rehearing to preserve certain rights to seek judicial review;
• Prevent pipeline projects from exercising eminent domain or commencing construction until:
  • the project has received all requisite permits, certifications, or other permissions required under federal law;
  • FERC has issued rulings on all timely landowner rehearings except on land that is already owned by the pipeline company or land that is in an existing utility right-of-way;
• State that it is the policy of the United States that eminent domain be limited to situations in which the taking of property for natural gas pipelines is for public, not private, use. This language is modeled after a 2006 Executive Order by President George W. Bush clarifying the scope of federal eminent domain authority;
• Help ensure fair appraisals and offers of compensation for affected property owners by giving landowners the opportunity to accompany appraisers during the inspection of property in order to provide more oversight over the appraisal process, which must be completed prior to an offer of compensation for that property. That offer of compensation must be of fair market value or better;
• Require a single programmatic environmental impact statement (EIS) if two gas pipelines are proposed within one year and 100 miles of one another, and provide that if there is more information that comes out after a draft EIS than is in a draft EIS, FERC must do a supplemental EIS, with another public comment period;
• Mandate public comment meetings in every locality through which a pipeline passes, at every stage in the process (draft EIS, final EIS, and supplemental EIS) so members of the public do not have to drive long distances to meetings where they are only able to speak for just a few minutes;
• Specify that eminent domain takings of land under conservation easement be given fair compensation not just for the land value but for the lost conservation value of the land;
• Ensure that plans to mitigate unavoidable impacts are subject to public comment so the public can verify that the mitigation is fair and proportionate;
• Require cumulative analysis of the project’s visual impacts on National Scenic Trails (including the Appalachian Trail) for multiple pipelines that cross the same trail within 100 miles, in order to prohibit any downgrading of National Scenic Trail scenic integrity requirements in current law if the project represents a net degradation to the trail;
• Codify the end of “tolling orders,” a longstanding practice that allowed FERC to place landowner rehearing requests in limbo while pipeline constructions were allowed to continue, and strengthen landowners’ ability to proceed to court should FERC not rule on grievances in a timely manner. The “tolling orders” practice was struck down by the U.S. Court of Appeals for the D.C. Circuit;
• Codify that FERC must consider landowners’ rehearings within 30 days.

 Full text of the legislation is available here.

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WASHINGTON– Today, U.S. Sens. Mark R. Warner and Tim Kaine announced $10,968,600 in federal funding to expand access to health care in the Valley and Southwest Virginia. The funding was awarded by the U.S. Department of Agriculture’s (USDA) Community Facilities Emergency Rural Health Care Grant Program, which helps rural health care facilities, tribes, and communities expand access to health care services and nutrition assistance. The funding was made possible by the American Rescue Plan, which Warner and Kaine voted to pass in 2021.

“All Virginians, no matter where they live, should have access to high-quality, reliable health care,” said the senators. “We’re glad this funding will help expand telehealth services, improve capacity for mental health and substance use treatment programs, and update essential medical equipment so that more Virginians can get the care they need.”

The funding is distributed as follows:

• $5,118,100 for the Virginia Consortium to Advance Health Care in Appalachia to increase access to telehealth by expanding regional networks that will share resources, training, and educational opportunities for people living in rural areas throughout the Commonwealth. The Consortium includes the University of Virginia’s (UVA) Center for Telehealth, the Healthy Appalachia Institute at UVA’s College at Wise, the Southwest Virginia Health Authority, the Health Wagon, Tri-Area Health, and Ballad Health.
• $5,000,000 for the Mount Rogers Community Services (MRCS) Smyth County campus to expand access to mental health, developmental disability, and substance use disorder treatment. The funding will be used to create a second eight-bed unit at the Rhea B. Lawrence Recovery Center, which will double the space available for residential services. It will also be used to relocate the crisis care center from an offsite facility to centralize treatments and offer referral-based outpatient services in one location. These steps will help improve the quality of care available to the 32,208 residents located in the Center’s service area, which includes Bland, Carroll, Grayson, Smyth, and Wythe counties and Galax.
• $850,500 for the Bath County Community Hospital to purchase an X-ray machine and an electronic medical records system subscription, which will give doctors quick access to health records from labs and clinic emergency rooms. The equipment was damaged in an electrical fire, forcing staff to use a portable machine that is inadequate in many cases. The equipment will benefit nearly 30,000 residents in Bath, Highland, and Alleghany counties.

Warner and Kaine have long supported efforts to expand access to health care, especially in rural communities. The senators have introduced the CONNECT for Health Act of 2023, which would expand coverage of telehealth services through Medicare, make permanent telehealth flexibilities that were enacted during COVID, make it easier for patients to connect with their doctors, and help improve health outcomes. In March, the senators introduced the Save Rural Hospitals Act, which would help curb the trend of hospital closures in rural communities by making sure hospitals are fairly reimbursed for their services by the federal government.

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WASHINGTON — The Senate Finance Committee today approved on a 26-1 vote the Modernizing and Ensuring PBM Accountability (MEPA) Act, bipartisan legislation to help address rising prescription drug prices by regulating the middlemen who manage prescription drug benefits on behalf of health insurers.

“For too long, and without any transparency, pharmacy middlemen have moved away from their origins negotiating to bring prices down on behalf of insurers and consumers and have instead moved toward extracting profit, leading to higher drug prices, more federal spending, and bigger out-of-pocket costs for Virginians,” said Sen. Warner, a member of the Committee and a co-author of the legislation. “The Inflation Reduction Act we enacted last year finally gave Medicare the power to negotiate prices for some of the most expensive prescription drugs for seniors on Medicare, but Congress needs to do more to lower the price of medicines, including through reforms to PBMs. I’m proud of our work today in the Finance Committee, and am hopeful that we can bring a bill to the Senate floor and get it to the president’s desk soon.”

Included in the legislation are multiple bipartisan bills proposed by Sen. Warner, including S. 2493, the PBM Reporting Transparency Act, which would hold PBMs accountable for providing good value to seniors and Medicare by making public information about the contracts between PBMs and Medicare prescription drug plans; S. 2408, the IMPROVE Part D Regulations Act, which would require the Centers for Medicare & Medicaid Services (CMS) to conduct patient-focused listening sessions about potential improvements to Medicare Part D; and an amendment requiring CMS to make sure that PBMs aren’t standing in the way of fair reimbursements for smaller pharmacies, such as long-term care pharmacies and home infusion pharmacies, that serve medically complex patients.

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WASHINGTON — Today,  U.S. Sens. Mark R. Warner (D-VA) and John Thune (R-SD) introduced the Equitable Community Access to Pharmacist Services Act, bipartisan legislation that would ensure seniors can continue to access certain clinical services from their pharmacist. The bill would allow Medicare to reimburse for certain pharmacist-administered tests, treatments, and vaccinations for influenza, respiratory syncytial virus (RSV), COVID-19, and strep throat, in accordance with state scope-of-practice laws.

“Pharmacists play a key role in delivering health care services in our communities,” said Sen. Warner. “This legislation will make care for common illnesses – including flu, COVID, RSV, and strep throat – easier for seniors to access by allowing pharmacists to seek reimbursement from Medicare for services that they are already licensed to perform under state laws, such as testing and vaccination.”

“Seniors across South Dakota rely on the care and support they receive from their community pharmacist,” said Sen. Thune. “I am proud to lead this common-sense legislation that would allow these trusted sources for vaccinations and other important treatments to remain a reliable option for seniors.”

“We extend our heartfelt appreciation to Senator Thune for introducing the Equitable Community Access to Pharmacists Services Act,” said Amanda Bacon, executive director of the South Dakota Pharmacists Association. “This groundbreaking legislation will make an incredible difference in increasing access to essential healthcare services provided by pharmacists across South Dakota. By recognizing the critical role pharmacists play in patient care and fostering collaboration with other healthcare providers, Senator Thune is paving the way for a healthier and more vibrant future for our communities.”

“Pharmacists are a vital part of the rural health care delivery system as many older adults in rural areas depend on their pharmacist to help manage multiple prescriptions and conditions,” said Alan Morgan, CEO of the National Rural Health Association (NRHA). “The Equitable Community Access to Pharmacist Services Act would remove barriers for older adults in rural areas to access essential pharmacist services related to respiratory illnesses, which tend to be more fatal for older populations. NRHA is proud to support this legislation to ensure rural communities maintain access to pharmacist services and care to help older adults manage their health.”

WASHINGTON – Members of Virginia’s congressional delegation, Governor Glenn Youngkin, and local leaders are making the case that Springfield remains the best location for the Federal Bureau of Investigation’s (FBI) new headquarters. Even with the General Services Administration’s (GSA) recent announcement of adjusted selection criteria, the lawmakers and local leaders expressed confidence that Springfield continues to perform strongly across each of the five criteria: FBI Proximity to Mission-Related Locations, Transportation Access, Site Development Flexibility and Schedule Risk, Promoting Sustainable Siting and Advancing Equity, and Cost.

In their letter to GSA and FBI, Governor Youngkin, U.S. Sens. Mark R. Warner and Tim Kaine, and U.S. Reps. Gerry Connolly (D-VA-11), Robert C. “Bobby” Scott (D-VA-03), Rob Wittman (R-VA-01), Don Beyer (D-VA-08), Abigail Spanberger (D-VA-07), Jennifer Wexton (D-VA-10), Jen Kiggans (R-VA-02), and Jennifer McClellan (D-VA-04) highlighted Springfield’s proximity to Quantico and other law enforcement and national security assets, the region’s robust transportation network, and ways the site would save money for the federal government and taxpayers because it is already federally-owned. They also explained how selecting the Springfield site would advance equity, support underserved communities, and help address inequities that exist in the region.

“Virginia’s proposal for a consolidated FBI headquarters offers a reliable partnership, exceeding the site selection criteria across all categories. The optimized GSA Springfield site provides superior proximity to law enforcement and national security-related agency assets; an accessible, robust transportation and public transit network; significant site development flexibility as the only federally-owned site under consideration, with a commitment to expediting any permitting and construction processes, and minimizing schedule risk; a proven record of, and strong commitment to advancing equity in local communities and promoting sustainable siting; and a substantial cost benefit, with Virginia’s strong commitment to making this a responsible choice for the taxpayer,” wrote the lawmakers.

In addition to the Virginia congressional delegation letter, the Alexandria NAACP, All Dulles Area Muslim Society (ADAMS) Interfaith & Government Committee, Asian American Chamber of Commerce, Northern Virginia Black Chamber of Commerce, Northern Virginia Hispanic Chamber of Commerce, Northern Virginia Urban League, Prince William NAACP, and Prince William Omega Psi Phi Fraternity sent a separate letter to GSA and FBI outlining how choosing the Springfield site would advance equity across the region. The local leaders wrote, “We fully support the Springfield bid and believe it will have a transformative impact for our communities.”

“Relocating to Springfield also offers the federal government the opportunity to help address inequities that exist in our region, particularly in the Franconia District, where the prospective FBI site is located,” they continued. “Choosing Springfield as the new home for the FBI headquarters will help close the gap and provide economic opportunity to historically disadvantaged and underserved communities.”

In March, Governor Youngkin and members of Virginia’s congressional delegation met with GSA and FBI and held a press conference to make the case that Springfield is the best location for the new FBI headquarters. In February, Governor Youngkin, Senators Warner and Kaine, Representatives Connolly, Beyer, and Spanberger, and local leaders held a press conference in Springfield. In February, members of Virginia’s congressional delegation and Governor Youngkin sent a letter to GSA and FBI laying out the case for the Springfield site.

Full text of the letter sent by Governor Youngkin and members of Virginia’s congressional delegation is available here. Full text of the letter sent by local leaders is available here.

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 WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), Joe Manchin (D-WV), Sherrod Brown (D-OH), Bob Casey (D-PA), and John Fetterman (D-PA) reintroduced legislation to support family members of miners who have passed away due to black lung disease. Currently bureaucratic requirements place unnecessarily strict burdens of proof on survivors in order to access the benefits to which they are entitled. The Relief for Survivors of Miners Act would ease restrictions to make it easier for miners’ survivors to successfully claim benefits.

“The last thing grieving families in Virginia’s mining communities should have to worry about is whether or not they’ll be able to put food on the table or a roof over their heads,” said Sen. Warner. “But too often survivors of miners who have lost their lives to black lung are denied benefits they deserve because of unfair and unnecessary bureaucratic obstacles. The Relief for Survivors of Miners Act will alleviate this burden for families going through the worst time in their lives.”

“Virginia’s mining communities have made tremendous sacrifices to power our nation, and the families of miners who lost their lives to black lung disease deserve our support,” said Sen. Kaine. “This bill is critical to removing unnecessary red tape that has prevented families from accessing benefits and expanding resources to help families secure the support they need.”

“For generations, our brave miners and their families have made immense sacrifices to power West Virginia and America to greatness. Far too often, the surviving family members of coal miners lost to Black Lung disease face difficulties in securing the benefits they are entitled to,” said Sen. Manchin. “I’m proud to reintroduce the Relief for Survivors of Miners Act, which will help cut through the bureaucratic red tape that can delay access to these benefits, as well as improve access to legal representation for miners and their survivors. I urge my colleagues on both sides of the aisle to help pass this commonsense legislation that supports our coal miners and their families who have given so much to our nation.”

“Ohio miners have put their health at risk for years to power our country – and, unfortunately, too many of those miners have lost their lives because of black lung disease, leaving loved ones to worry about how they’ll be able to make ends meet,” said Sen. Brown. “The Relief for Survivors of Miners Act will ensure these miners’ families don’t have to navigate an interminable claims process just to get the benefits they have earned.”

“For decades, our country has relied on coal miners to power our factories and heat our homes. Many coal workers risked their lives and their long-term health to do the job of powering years of prosperity and Congress has an obligation to support them, just as they’ve supported us,” said Sen. Casey. “The Relief for Survivors of Miners will ease access to benefits and support services for the families of miners that have passed away from illnesses linked to their time in the mines. Coal miners have pushed our country forward, and I’ll keep fighting to make sure they and their families aren’t left behind.”

“When the families of coal miners are dealing with the pain and grief of losing someone, the last thing we should ask them to deal with is red tape and bureaucracy,” said Sen. Fetterman. “Coal miners do dangerous and important work, with a real risk of black lung and other serious health impacts. Survivors deserve to receive their benefits as quickly and easily as possible, and that’s what this bill would do.”

The Black Lung Benefits Act (BLBA), passed in 1976, provides monthly benefits to eligible surviving family members of coal miners whose deaths were due to black lung – a disease caused and exacerbated by long-term inhalation of coal dust. These benefits are either paid for by coal mining companies or the Black Lung Disability Trust Fund. Currently, due to restrictions associated with the Black Lung Benefits Program, survivors must establish that black lung was a substantial contributing cause of death – a burden of proof that is often difficult to meet since autopsy reports may not specifically cite black lung, and instead reference related conditions.

Specifically, the legislation would:

• Re-establish a rebuttable presumption that a miner’s death was due to black lung if they were disabled due to pneumoconiosis at the time of death;
• Improve access to legal representation for miners and survivors of miners to ensure that individuals are not unable to secure benefits due to a lack of financial resources.

The legislation also:

• Requests that the Government Accountability Office (GAO) provide a report to Congress on the financial impact of recouping interim Department of Labor payments in order to determine the financial impact of black lung benefits and interim payments on black lung beneficiaries and the government;
• Requests that GAO look at other ways to improve the black lung benefits claims process for survivors of miners.

The Senators have actively worked to ensure better treatment of miners and their families. Earlier this year, the senators urged the Government Accountability Office (GAO) to evaluate the adequacy of black lung benefits to ensure they meet the income and health care needs of disabled miners and their families.  Last year, Sens. Warner, Kaine, Casey, Brown, and Manchin introduced The Black Lung Benefits Improvement Act, legislation to make needed updates to the Black Lung Benefits Act to ensure Congress is fulfilling its commitment to the nation’s coal miners. To help fulfill those promises, in August of 2022, Congress approved a permanent extension of the black lung excise tax to fund the Black Lung Disability Trust Fund (BLDTF) that provides health insurance and a living stipend for those impacted by black lung as part of the Inflation Reduction Act.

“In addition to the many emotional and legal challenges a family is faced with when a loved one passes away, widows and survivors of miners who die from black lung disease are also faced with the burden of continuing to navigate the complicated and stressful black lung benefits process. This bill will help make the claims process more accessible to these families and we're grateful for Senator Warner's leadership on this issue,” said Rebecca Shelton, Director of Policy, Appalachian Citizens’ Law Center.

“When a miner dies, their families are left not only grieving and planning a funeral, but they also often lose the benefits they relied on for groceries and paying the bills. The Relief for Survivors of Miners Act will make their lives a little easier, and help to make sure that families are not left in poverty after their loved ones die,” said Vonda Robinson, Vice President of the National Black Lung Association.

“As Appalachia experiences a resurgence in black lung disease, the process for accessing the crucial benefits promised to miners and their families remains excruciatingly difficult. We applaud Senator Warner's leadership to help ensure that the families of miners who have died from black lung can still access those benefits,” said Quenton King, Federal Legislative Specialist, Appalachian Voices.

“The UMWA has been at the forefront of battling black lung disease for more than fifty years. Enacted by Congress in 1969 as part of the Federal Mine Health and Safety Act, the black lung benefits system has been helpful to thousands of miners and their families. But more needs to be done. The cost of living has dramatically increased since 1969, miners are contracting the disease at younger ages and there are more severe forms of the disease. Senator Warner’s , ‘Relief for Survivors of Miners Act’ would eases burdens families of deceased miners face claiming black lung benefits so these families receive the benefits they deserve,” said Cecil E. Roberts, International President of the United Mine workers of America.

A copy of the bill text is available here. 

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WASHINGTON - In an effort to prevent money laundering and stop crypto-facilitated crime and sanctions violations, a leading group of U.S. Senators is introducing new, bipartisan legislation requiring decentralized finance (DeFi) services to meet the same anti-money laundering (AML) and economic sanctions compliance obligations as other financial companies, including centralized crypto trading platforms, casinos, and even pawn shops.  The legislation also modernizes key Treasury Department anti-money laundering authorities, and sets new requirements to ensure that “crypto kiosks” don’t become a vector for laundering the proceeds of illicit activities.

DeFi generally refers to applications that facilitate peer-to-peer financial transactions that are recorded on blockchains.  The most prominent example of DeFi is so called “decentralized exchanges,” where automated software purportedly allows users to trade cryptocurrencies without using intermediaries.

By design, DeFi provides anonymity.  This can allow malicious and criminal actors to evade traditional financial regulatory tools, including longstanding and well-developed rules requiring financial institutions to monitor all transactions and report suspected money laundering and financial crime to the Financial Crimes Enforcement Network (FinCEN), which is a bureau of the U.S. Treasury Department.  This allows DeFi to be used to launder criminal proceeds and fund more crime.

Criminals, drug traffickers, and hostile state actors such as North Korea have all demonstrated a propensity for using (DeFi) as a preferred method of transferring and laundering ill-gotten gains.  These bad actors have been quick to recognize how DeFi can be exploited to advance nefarious activities like cross-border fentanyl trafficking and financing the development of weapons of mass destruction. 

According to the most recent U.S. National Money Laundering Risk Assessment: “DeFi services often involve no AML or other processes to identify customers.”  According to another recent Treasury Department report, “illicit actors, including ransomware cybercriminals, thieves, scammers, and Democratic People’s Republic of Korea (DPRK) cyber actors, are using DeFi services in the process of transferring and laundering their illicit proceeds. To accomplish this, illicit actors are exploiting vulnerabilities in the U.S. and foreign AML regulatory, supervisory, and enforcement regimes as well as the technology underpinning DeFi services.”

Noting that transparency and sensible rules are vital for protecting the financial system from crime, U.S. Senators Jack Reed (D-RI), Mike Rounds (R-SD), Mark Warner (D-VA), and Mitt Romney (R-UT) today unveiled the Crypto-Asset National Security Enhancement and Enforcement (CANSEE) Act (S. 2355).  This legislation targets money laundering and sanctions evasion involving DeFi.

The CANSEE Act would end special treatment for DeFi by applying the same national security laws that apply to banks and securities brokers, casinos and pawn shops, and even other cryptocurrency companies like centralized trading platforms.  That means DeFi services would be forced to meet basic obligations, most notably to maintain AML programs, conduct due diligence on their customers, and report suspicious transactions to FinCEN.

These requirements will close an attractive avenue for money laundering that has been routinely exploited over the past several months by the North Korean government, Chinese chemicals manufacturers, Mexican drug cartels, cybercriminals, ransomware attackers, scammers, and a host of other bad actors. 

The legislation also makes clear that if a sanctioned person, like a Russian oligarch, uses a DeFi service to evade U.S. sanctions, then anyone who controls that project will be liable for facilitating that violation.  If nobody controls a DeFi service, then—as a backstop—anyone who invests more than $25 million in developing the project will be responsible for these obligations.

The CANSEE Act would also require operators of crypto kiosks (also known as crypto ATMs) to improve traceability of funds by verifying the identities of each counterparty to each transaction using a kiosk.  Unless these vulnerabilities are addressed, criminals will continue to exploit these kiosks to launder money from drug trafficking, human trafficking, scams, and other crimes.

Featuring an interface similar to regular ATMs, crypto ATMs are often found at convenience stores, laundromats, and gas stations.  Users can insert cash or a debit card into the machine to turn their real money into cryptocurrency, which is then transferred into a digital wallet that can then be accessed by scammers.   Once a transfer is complete, users cannot get their money back.  Currently, there are about 30,600 crypto ATMs across the country – up from 1,200 in 2018, according to Coin ATM Radar.

Finally, the CANSEE Act makes important updates to the Treasury Department’s authority to require participants in the U.S. financial system to take special measures against money laundering threats.  Currently, these authorities are limited to transactions conducted in the traditional banking system.  But as new technologies like cryptocurrency increasingly enable new ways to conduct financial transactions, it is critical to extend Treasury’s authority to crack down on illicit financial activity that may occur outside the banking sector.

“DeFi and crypto ATMs are part of a largely unregulated technology that needs stronger oversight and guardrails to prevent rampant money laundering and sanctions evasion,” said Sen. Reed. “This legislation bolsters the Treasury Department’s tools to protect our national and economic security. Drug cartels, sex traffickers, and the like shouldn’t be able to use DeFi platforms to avoid justice – their victims deserve better.  Our bill  will also ensure that law enforcement has access to better information about cryptocurrency transactions, which they need to fight crimes like cross-border drug trafficking, weapons proliferation, and ransomware attacks.  We must protect the integrity of the financial system from new and emerging threats from the worst criminal organizations and malicious state actors.”

“Our adversaries and criminals worldwide are using creative ways every day to take advantage of the United States financial system and we should not allow them to exploit American innovation to evade sanctions and money launder,” said Sen. Rounds. “As more Americans start to use and invest in cryptocurrency, both DeFi platforms and crypto kiosks remain in the blind spot of regulation. This targeted legislation kicks off an important debate on how to protect our financial system and give law enforcement the tools they need to prosecute bad actors.” 

“As Chair of the Senate Intelligence Committee, I remain deeply concerned that criminals and rogue states continue to use crypto to launder money, evade sanctions, and conceal illicit activity. The targeted package we’re introducing today will help address specific problems in decentralized finance and crypto kiosks, and incorporates the Special Measures to Address Modern Threats bill I introduced in the last Congress to modernize FinCEN’s existing anti-money laundering authorities,” said Sen. Warner. “I believe these focused measures will help maintain the robust AML and sanctions enforcement we need to protect our national security, while allowing participants who play by the rules to continue to take advantage of the potential of distributed ledger technologies.”

“Malign actors—including China-based fentanyl manufacturers and drug cartels operating along the southern border—are capitalizing on existing loopholes under current law to evade sanctions using decentralized finance services,” said Sen. Romney. “By fortifying U.S. anti-money laundering frameworks, our legislation cracks down on crypto-facilitated crimes and ultimately reinforces our national security.”

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) are now accepting applications for the position of United States District Court Judge for the Western District of Virginia, to succeed United States District Court Judge Michael F. Urbanski, who will assume senior status effective July 4, 2024.

An independent panel of lawyers assembled by the senators will review applications and interview qualified individuals. The senators will then use those recommendations, as well as input from experts, practitioners, and bar associations from around the Commonwealth, as they consider potential nominees to recommend to the President. The White House will then nominate an individual whose nomination is subject to confirmation by the full Senate.

Interested applicants should visit Senator Warner’s website for instructions. The application period will close August 14, 2023.

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WASHINGTON– Today, U.S. Sens. Mark R. Warner and Tim Kaine released the following statement regarding the General Services Administration’s (GSA) announcement of adjusted selection criteria for the Federal Bureau of Investigation’s (FBI) new headquarters:

“The GSA didn’t pluck its initial criteria out of thin air—it spent years talking to experts and carefully deliberating on what is best for the mission of the FBI. While we are concerned that these changes to the criteria will further delay what has already been a drawn-out, decade-long process to select a new site to replace the dilapidated headquarters downtown, we remain confident that Virginia continues to be a home run in every category, and encourage the GSA to draw this process to a close sooner rather than later.”