WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, issued a statement after a court released a redacted version of the affidavit that prompted federal law enforcement to search Mar-a-Lago.

“It appears, based on the affidavit unsealed this morning, that among the classified documents at Mar-a-Lago were some of our most sensitive intelligence – which is one reason the Senate Intelligence Committee has requested, on a bipartisan basis, a damage assessment of any national security threat posed by the mishandling of this information.

“The Department of Justice investigation must be allowed to proceed without interference.”

According to the affidavit, the Federal Bureau of Investigation found 184 unique documents bearing classification markings, including 25 documents marked as TOP SECRET, and documents bearing labels that indicated they contained information on clandestine human sources.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) sent a letter to the U.S. Department of Justice (DOJ) and U.S. Drug Enforcement Administration (DEA) asking the agencies to explain their plan to ensure continuity of care for patients being prescribed controlled substances via COVID-19 Public Health Emergency (PHE) telemedicine flexibilities. The current PHE declaration is set to expire on October 13, 2022 without intervention from the Biden Administration. Upon expiration current access to certain prescribed medications via telemedicine appointments will be stopped in order to remain in accordance with the Ryan Haight Online Pharmacy Consumer Protection Act of 2008.

During the COVID-19 Public Health Emergency, DEA has waived certain requirements of the Haight Act, including in-person or Special Registration requirements in order to prescribe controlled substances via telehealth.

“At the onset of the COVID-19 PHE, I was pleased to see the DEA act swiftly to ensure that patients could continue to access medically necessary controlled substances, including treatment for opioid use disorder, via telehealth by waiving the requirement that the patient have a prior in-person visit, regardless of their location, for the duration of the PHE,” wrote Sen. Warner.

He continued, “In the more than two years since that flexibility was put into place, patients have successfully continued and established treatment virtually, without reports of widespread harm. The pandemic has shown that telehealth is an appropriate modality for a great deal of health care services, and that health care providers and their patients should be at the center of modality decision-making.”

Sen. Warner posed a series of questions to ensure that there is a plan to continue to provide uninterrupted service:

1. Does DEA plan to extend any current waivers or flexibilities regarding prescribing controlled substances over telehealth beyond the expiration of the PHE?
   1. If so, in what way(s)?
   2. If not, why not? Would additional authorities from Congress be needed?
2. For patients who are under the care of a health care provider and are at risk of such care being interrupted or terminated upon PHE expiration, what flexibility or assistance will DEA provide such provider and patient to ensure appropriate continuity of care after the expiration?
3. As opioid overdoses and deaths continue to impact our communities, is DEA considering continuing some of these telehealth flexibilities under the ongoing nationwide opioid crisis Public Health Emergency designation?
   1. If so, what are the agency’s plans?
   2. If not, why not?
4. It is unacceptable that Americans have waited 14 years for the Special Registration rule; as telehealth will continue to expand, what is DEA’s plan to ensure appropriate access to legitimate health care services prior to the rule being finalized and implemented?

Earlier this year, Sen. Warner pushed the DEA to finalize a special registration for providers to prescribe controlled substances over telehealth, which has been required by Congress for nearly 14 years. Following this push, the DEA has drafted a rule, which is currently waiting for White House approval.

Sen. Warner has been a consistent leader for expanding telehealth accessibility. In May of this year, Sen. Warner led a bipartisan, bicameral group of lawmakers in legislation to expand telehealth services for patients undergoing dialysis. Sen. Warner was also an original co-sponsor of the 2016 Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act, reintroduced in 2021, and has been a longtime advocate for the expansion of telehealth in order to ease access to health care. 

Sen. Warner has consistently pushed for the permanent expansion of telehealth services, writing letters to congressional leadership in June 2020 and February 2022. Before the COVID-19 pandemic, Sen. Warner included a provision to expand telehealth services for substance abuse treatment in the Opioid Crisis Response Act of 2018. In 2003, then-Gov. Warner expanded Medicaid coverage for telemedicine statewide, including evaluation and management visits, a range of individual psychotherapies, the full range of consultations, and some clinical services, including in cardiology and obstetrics. Coverage was also expanded to include non-physician providers. Among other benefits, telehealth expansion allows individuals in medically underserved and remote areas of Virginia to access quality specialty care that isn’t always available nearby.

A copy of the letter is available here and below.

Dear Attorney General Garland, and Administrator Milgram:

As we await release of the proposed rule to create the Special Registration for Telemedicine, as directed by Congress first in 2008 in the Ryan Haight Online Pharmacy Consumer Protection Act and subsequently in the SUPPORT for Patients and Communities Act and appropriations legislation, I am writing today to request information about the Drug Enforcement Administration’s plan to ensure continued patient access to care upon expiration of the COVID-19 public health emergency (PHE).

At the onset of the COVID-19 PHE, I was pleased to see the DEA act swiftly to ensure that patients could continue to access medically necessary controlled substances, including treatment for opioid use disorder, via telehealth by waiving the requirement that the patient have a prior in-person visit, regardless of their location, for the duration of the PHE. In the more than two years since that flexibility was put into place, patients have successfully continued and established treatment virtually, without reports of widespread harm. The pandemic has shown that telehealth is an appropriate modality for a great deal of health care services, and that health care providers and their patients should be at the center of modality decision-making.

I am concerned for patients who are at risk of having their health care interrupted or terminated when DEA PHE flexibilities end. As you know, the goal of the Ryan Haight Act was not to stymie appropriate access to care, but to prevent illicit use and sale of controlled substances. To that end, it is critical that Congress understands what DEA’s plan is for the time between when the PHE expires and the Special Registration is implemented to ensure constituents receive the continued health care they need and deserve. Specifically, I would like to know:

(1)    Does DEA plan to extend any current waivers or flexibilities regarding prescribing controlled substances over telehealth beyond the expiration of the PHE?

1. If so, in what way(s)?
2. If not, why not? Would additional authorities from Congress be needed?

(2)    For patients who are under the care of a health care provider and are at risk of such care being interrupted or terminated upon PHE expiration, what flexibility or assistance will DEA provide such provider and patient to ensure appropriate continuity of care after the expiration?

(3)    As opioid overdoses and deaths continue to impact our communities, is DEA considering continuing some of these telehealth flexibilities under the ongoing nationwide opioid crisis Public Health Emergency designation?

1. If so, what are the agency’s plans?
2. If not, why not?

(4)    It is unacceptable that Americans have waited 14 years for the Special Registration rule; as telehealth will continue to expand, what is DEA’s plan to ensure appropriate access to legitimate health care services prior to the rule being finalized and implemented?

It is unacceptable that Americans have waited 14 years for the Special Registration rule; as telehealth will continue to expand, what is DEA’s plan to ensure appropriate access to legitimate health care services prior to the rule being finalized and implemented?

It is critical that the Department of Justice, the Drug Enforcement Administration, and Congress work together to ensure Americans receive the health care they need, both during the continuing COVID-19 pandemic and afterwards. I also urge you to expeditiously finalize the rulemaking for the Special Registration, as directed by Congress. Thank you in advance for your attention to this request and I look forward to hearing back from you.

Sincerely,

Mark R. Warner

cc: The Honorable Shalanda D. Young, Director, Office of Management and Budget

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WASHINGTON — U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after President Biden signed the Inflation Reduction Act into law:

“We’re proud that this law will lower the price of prescription drugs, reduce the deficit, bring down energy bills and fight climate change. We’re also glad that it will help ensure that miners suffering from black lung and their families get the care and benefits they deserve. We will continue to look for ways to support the health and well-being of our communities, decrease inflation, and lower costs for Virginians.”

Below are some of the ways the Inflation Reduction Act will benefit Virginians:

Lower Prescription Drug Costs

• The law allows Medicare to negotiate drug prices for seniors and people with disabilities—a provision Warner and Kaine have long fought to pass to lower prescription drug costs.
• The law establishes a $2,000 cap on out-of-pocket costs for prescription drugs for seniors covered under Medicare Part D. In 2020, more than 36,000 Virginians with Medicare Part D spent more than $2,000 out-of-pocket on their prescription drugs.
• The law expands the Low-Income Subsidy program, a program that currently helps cover prescription drug costs for over 11,000 low-income Virginians with Medicare.
• The law provides free coverage for vaccines under Medicare Part D and improves access to vaccines under Medicaid and the Children’s Health Insurance Program (CHIP). In 2020, nearly 85,000 Virginians received a vaccine covered under Medicare Part D.

Affordable Health Care

• During the pandemic, Congress enhanced subsidies under the Affordable Care Act (ACA) to help lower health care premiums for millions of Americans. The Inflation Reduction Act will extend these enhanced subsidies for three years through 2025 to help make Virginians’ health insurance more affordable. Over 300,000 Virginians have ACA coverage in 2022.
• The Center for Medicare & Medicaid Services (CMS) estimated that Virginians with ACA insurance would have seen a $71 increase in their monthly premiums for the next coverage year if these subsidies weren’t extended.

Black Lung Benefits

• The law permanently extends the Black Lung Disability Trust Fund excise tax at a higher rate, providing more certainty for miners, miner retirees, and their families who rely on the fund to access benefits. In Virginia, thousands of miners and their families have received benefits through the trust fund since it was established, including approximately 2,600 Virginians last year alone.

Clean Energy and Climate Provisions

• The law will reduce carbon emissions by roughly 40 percent by 2030.
• The law incentivizes investment in and production of renewable energy technologies like solar power and the Coastal Virginia Offshore Wind project.  The Inflation Reduction Act expands the 48C investment tax credit for clean energy manufacturers, with $4 billion reserved for use exclusively in coal communities. All clean energy tax credits include a bonus for meeting domestic manufacturing requirements related to steel, iron, or other manufactured components. The law also expands tax credits for residential clean energy and home efficiency improvements.
• According to a recent analysis, the clean energy provisions are expected to create nearly 1 million jobs per year.
• The law includes tax credits for clean medium and heavy duty trucks, such as those produced at the Volvo Trucks New River Valley Plant.
• The law includes a $7,500 consumer credit for the purchase of new electric vehicles and incentivizes that vehicles are produced in North America.
• The law includes $9.7 billion for financial assistance to rural electric cooperatives to improve resilience and affordability.
• The law includes $2 billion for the USDA Rural Energy for America Program to provide competitive grants and loan guarantees to farmers, ranchers, and rural small businesses for renewable energy systems or energy efficiency improvements.
• The law includes $20 billion to help farmers and ranchers adopt agriculture conservation practices that improve landscape resilience.

Tax Fairness

• The law takes steps to make sure that the largest corporations and wealthiest Americans pay their fair share in taxes, without increasing taxes on small businesses or families making less than $400,000 a year.
• The law also provides funding to modernize Internal Revenue Service (IRS) systems and improve customer service when paying taxes. This will help ensure the IRS has the resources it needs to process tax returns quickly, get rebates to taxpayers faster, and address challenges Americans have when filing taxes.

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WASHINGTON – Today, the bipartisan senators from Virginia, West Virginia and Tennessee sent a letter to Dr. Rahul Gupta, Director of the Office of National Drug Control Policy (ONDCP), pressing for additional assistance to combat drug-trafficking in the Appalachian region.

“In Appalachia, law enforcement struggles to stem the tide of substance abuse,” wrote U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), Sens. Joe Manchin (D-WV) and Shelley Moore Capito (R-WV), and Sens. Marsha Blackburn and Bill Hagerty (both R-TN). “In the words of then-Attorney General, William Barr, Appalachia has suffered the consequences of the opioid epidemic ‘more, perhaps, than any other region.’ In 2018, the overdose mortality rate for individuals ages 25-43 was 43 percent higher in Appalachia than the rest of the country. It is a region that needs the assistance that the HIDTA program was designed to provide.”

Since its creation in 1988, the High Intensity Drug Trafficking Areas (HIDTA) grant assistance program has provided for greater coordination and information sharing among federal, state, tribal, and local law enforcement agencies. These additional federal resources, allocated to areas deemed as critical drug trafficking regions, are essential in eliminating drug trafficking and its harmful consequences. ONDCP has the statutory authority to create new HIDTAs and add new counties to existing HIDTAs once it has received a formal petition from a coalition of law enforcement agencies.

Despite the enormous need, historically the Appalachian HIDTA has only gained approval for approximately 30 percent of petitions submitted. In the most recent round of designations, no counties within the Appalachian HIDTA – which encompasses Tennessee, Kentucky, West Virginia and Southwest Virginia – received the sought-after designation.

“This fact, juxtaposed with the region’s manifest need, suggests strongly that the process of awarding needs to be revisited,” the senators wrote in their letter to ONDCP. “Counties in the Appalachian HIDTA would benefit from the expansion of this program into their communities and it would be of immense help to the law enforcement agencies serving them and surrounding areas. As ONDCP reviews HIDTA designation petitions from Appalachia, we ask that you consider the devastating impacts of illegal drugs in the region in order to effectively disrupt and dismantle trafficking organizations and reduce drug-related crime.”

Concluded the senators, “We urge ONDCP to review its criteria to ensure that hard-hit regions like Appalachia remain competitive for HIDTA designations. We further request a written response describing the results of this review be provided in a timely manner.”

A copy of the letter is available here and below.

Dear Dr. Gupta:

We write today regarding the Office of National Drug Control Policy’s (ONDCP) High Intensity Drug Trafficking Areas (HIDTA) program and certain deficiencies in the designation process for counties in the Appalachian region.

Since its creation in 1988, the HIDTA grant assistance program has provided for greater coordination and information sharing among federal, state, tribal, and local law enforcement agencies. These additional federal resources, allocated to areas deemed as critical drug trafficking regions, are essential in eliminating drug trafficking and its harmful consequences.

As you know, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act) provides ONDCP the statutory authority to create new HIDTAs and add new counties to existing HIDTAs once it has received a formal petition from a coalition of law enforcement agencies. HIDTA designation is determined by four criteria, which include an evidence based description detailing the extent of illegal drug activity, the impact on the area and the United States, existing efforts to curtail it, and the increased need for federal resources to respond adequately to the area’s drug-related activities.

In Appalachia, law enforcement struggles to stem the tide of substance abuse. In the words of then-Attorney General William Barr, Appalachia has suffered the consequences of the opioid epidemic “more, perhaps, than any other region.” In 2018, the overdose mortality rate for individuals ages 25-43 was 43% higher in Appalachia than the rest of the country.  It is a region that needs the assistance that the HIDTA program was designed to provide.

Yet, historically, the Appalachian HIDTA has only gained approval for approximately 30% of petitions submitted. And in this most recent round of designations, no counties within the Appalachian HIDTA received the sought after designation. This fact, juxtaposed with the region’s manifest need, suggests strongly that the process of awarding the designation needs to be revisited.

Counties in the Appalachian HIDTA would benefit from the expansion of this program into their communities and it would be of immense help to the law enforcement agencies serving them and surrounding areas. As ONDCP reviews HIDTA designation petitions from Appalachia, we ask that you consider the devastating impacts of illegal drugs in the region in order to effectively disrupt and dismantle trafficking organizations and reduce drug-related crime.

We urge ONDCP to review its criteria to ensure that hard hit regions like Appalachia remain competitive for HIDTA designations. We further request that a written response describing the results of this review be provided in a timely manner.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine announced $2,124,300 in emergency rural health care funding to bolster federal support in addressing the COVID-19 pandemic. The funding will be provided to the Ledwith-Lewis Free Clinic in Tappahannock, Page Memorial Hospital in Luray, Tazewell Community Hospital in Tazewell, and Wellmont Health System in Big Stone Gap. This funding was awarded through the Community Facilities Emergency Rural Health Care program at the U.S. Department of Agriculture (USDA).

“As Virginia communities continue to grapple with the COVID-19 pandemic, it’s critical that we provide resources to help protect Virginians,” said the senators. “That’s why we are pleased to see these grants go towards COVID vaccination and testing, telehealth and food assistance services, ventilation systems, and financial aid.”

The funding will be awarded as below:

•             $36,800 for Ledwith-Lewis Free Clinic in Tappahannock, VA to provide COVID-19 testing kits, rapid testing supplies, and vaccinations, as well as additional staffing to meet the needs of the rural counties served. This investment will benefit approximately 27,350 residents.

•             $1,000,000 for Page Memorial Hospital in Luray, VA to purchase telehealth, remote monitoring systems, COVID testing, mobile clinic and food assistance. In addition, the funds will be used to train current nursing staff. This project aims to connect rural patients to Valley Health telehealth services and Page County internet infrastructure. This project will benefit approximately 24,042 residents. 

•             $335,000 for Carilion Clinic (Tazewell Community Hospital) in Tazewell, VA to upgrade the heating, ventilation, and air conditioning (HVAC) systems. The HVAC system will follow the Center for Disease Control’s COVID-19 operational protocols for health care and will service the lab and patient care areas, as the current HVAC system is old and unreliable. This investment will benefit approximately 45,078 residents.

•             $752,500 for Wellmont Health System in Big Stone Gap, VA to replace lost health care revenue and help with financial difficulties experienced during the COVID-19 pandemic. This investment will benefit approximately 70,997 residents.

The USDA’s Community Facilities Emergency Rural Health Care program is designed to help broaden access to COVID-19 testing and vaccines, rural health care services, and food assistance through food banks and food distribution facilities.

Sens. Warner and Kaine have been strong advocates for rural communities and health care access in the Commonwealth. Last year, both Sens. helped pass the American Rescue Plan, a COVID-19 relief bill that provided $20 billion to improve vaccine distribution, $10 billion for the Defense Production Act to procure essential medical equipment, and $50 billion for virus testing, genomic sequencing to detect new variants, contract tracing, and additional PPE. Additionally, Sen. Warner introduced legislation, cosponsored by Sen. Kaine, to expand telehealth services through Medicare, connecting patients to doctors and cutting costs for patients and providers. Sen. Kaine also introduced legislation to expand health care to rural areas through telehealth as part of the Lower Health Care Costs Act of 2019. The bill passed out of the Senate Health, Education, Labor, and Pensions (HELP) Committee as part of the Lower Health Care Costs Act of 2019.

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WASHINGTON — Today, U.S. Sens.  Mark R. Warner and Tim Kaine highlighted some of the ways in which the Inflation Reduction Act will benefit Virginians. 

“Virginians have a lot to benefit from the Inflation Reduction Act. This historic legislation will help lower Virginians’ prescription drug and energy costs, help them access health care, and tackle climate change, which has had a devastating toll on communities all across the Commonwealth,” said the senators. “We were proud to vote for this bill and urge the House of Representatives to pass it and get it to President Biden’s desk ASAP.”

Lower Prescription Drug Costs:

• The bill allows Medicare to negotiate drug prices for seniors and people with disabilities—a provision Warner and Kaine have long fought to pass to lower prescription drug costs.
• The bill establishes a $2,000 cap on out-of-pocket costs for prescription drugs for seniors covered under Medicare Part D. In 2020, more than 36,000 Virginians with Medicare Part D spent more than $2,000 out-of-pocket on their prescription drugs.
• The bill expands the Low-Income Subsidy program, a program that currently helps cover prescription drug costs for over 11,000 low-income Virginians with Medicare.
• The bill provides free coverage for vaccines under Medicare Part D and improves access to vaccines under Medicaid and the Children’s Health Insurance Program (CHIP). In 2020, nearly 85,000 Virginians received a vaccine covered under Medicare Part D.

Affordable Health Care:

• During the pandemic, Congress enhanced subsidies under the Affordable Care Act (ACA) to help lower health care premiums for millions of Americans. The Inflation Reduction Act would extend these enhanced subsidies for three years through 2025 to help make Virginians’ health insurance more affordable. Over 300,000 Virginians have ACA coverage in 2022.
• The Center for Medicare & Medicaid Services (CMS) estimated that Virginians with ACA insurance would have seen a $71 increase in their premiums for the next coverage year if these subsidies weren’t extended.

Black Lung Benefits:

• The bill permanently extends the Black Lung Disability Trust Fund excise tax at a higher rate, providing more certainty for miners, miner retirees, and their families who rely on the fund to access benefits. In Virginia, thousands of miners and their families have received benefits through the trust fund since it was established, including approximately 2,600 Virginians last year alone.

Clean Energy and Climate Provisions:

• The bill will reduce carbon emissions by roughly 40 percent by 2030.
• The bill incentivizes investment in and production of renewable energy technologies like solar power and the Coastal Virginia Offshore Wind project.  The legislation expands the 48C investment tax credit for clean energy manufacturers, with $4 billion reserved for use exclusively in coal communities. All clean energy tax credits include a bonus for meeting domestic manufacturing requirements related to steel, iron, or other manufactured components. The bill also expands tax credits for residential clean energy and home efficiency improvements.
• According to a recent analysis, the clean energy provisions are expected to create nearly 1 million jobs per year.
• The bill includes tax credits for clean medium and heavy duty trucks, such as those produced at the Volvo Trucks New River Valley Plant.
• The bill includes a $7,500 consumer credit for the purchase of new electric vehicles and incentivizes that vehicles are produced in North America.
• The bill includes $9.7 billion for financial assistance to rural electric cooperatives to improve resilience and affordability.
• The bill includes $2 billion for the USDA Rural Energy for America Program to provide competitive grants and loan guarantees to farmers, ranchers, and rural small businesses for renewable energy systems or energy efficiency improvements.
• The bill includes $20 billion to help farmers and ranchers adopt agriculture conservation practices that improve landscape resilience.

Tax Fairness:

• The legislation takes steps to make sure that the largest corporations and wealthiest Americans pay their fair share in taxes, without increasing taxes on small businesses or families making less than $400,000 a year.
• The bill also provides funding to modernize Internal Revenue Service (IRS) systems and improve customer service when paying taxes. This will help ensure the IRS has the resources it needs to process tax returns quickly, get rebates to taxpayers faster, and address challenges Americans have when filing taxes.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, issued a statement after President Biden signed the CHIPS and Science Act into law:

“The Chips and Science Act will lower costs for families, strengthen our national security, and create good-paying manufacturing jobs here in the United States, and I’m proud to have shepherded it into law.”

Nearly everything that has an “on” switch – from cars to phones to washing machines to ATMs to electric toothbrushes – contains a semiconductor, but just 12 percent of these ‘chips’ are currently made in America. The CHIPS and Science Act includes $52 billion in funding championed by Sen. Warner to manufacture chips here on American soil – a move that will increase economic and national security and help America compete against countries like China for the technology of the future.

Sen. Warner, co-chair of the Senate Cybersecurity Caucus and former technology entrepreneur, has long sounded the alarm about the importance of investing in domestic semiconductor manufacturing. Sen. Warner first introduced the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Act in June 2020 along with Sen. John Cornyn (R-TX).

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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine voted in the Senate to pass the Inflation Reduction Act, historic legislation to reduce inflation, lower costs, and fight climate change:

“This bill will lower the price of prescription drugs and healthcare, reduce the deficit, and invest in American energy to both address climate change and bring down energy bills. And in another big win for Virginia, it will help ensure that miners suffering from black lung and their families get the help they need,” said the senators. “While we will continue to look for ways to support the health and well-being of our communities, decrease inflation, and lower costs for Virginians, we’re proud that today we took a major step forward in addressing those challenges.”

The Inflation Reduction Act of 2022 will fight inflation, reduce the deficit, invest in domestic energy production and manufacturing, and reduce carbon emissions by roughly 40 percent by 2030, according to multiple independent assessments. Another survey found that the bill will save the average household hundreds of dollars annually on their energy costs. The Inflation Reduction Act will also lower health care bills by finally allowing Medicare to negotiate prescription drug prices and extend the expanded Affordable Care Act subsidies for three years, through 2025. Additionally, the Inflation Reduction Act will permanently extend the Black Lung Disability Trust Fund excise tax at a higher rate, providing certainty for miners, miner retirees, and their families who rely on the fund to access benefits.

The legislation will also take steps to make sure that the largest corporations and wealthiest Americans pay their fair share in taxes, without increasing taxes on small businesses or families making less than $400,000 a year. According to a recent analysis, the clean energy provisions of the Inflation Reduction Act are expected to create nearly 1 million jobs per year.

The House of Representatives is now expected to take up the legislation next week before sending it to President Biden’s desk for signature.

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Pat Toomey (R-PA), Cynthia Lummis (R-WY), Kyrsten Sinema (D-AZ), and Rob Portman (R-OH) today introduced legislation to clarify the digital asset reporting requirements signed into law as part of last year’s Infrastructure Investment and Jobs Act.

Last August, the senators announced an agreement  with the Department of the Treasury (Treasury) on an amendment to the infrastructure package that would have clarified the definition of “broker” with respect to who must report to the government information about a digital asset transaction. The amendment specifically excluded from reporting requirements services like mining and wallet providers who do not take custody of other individuals’ cryptocurrency, nor are able to comply with the reporting requirements of a broker. While the amendment had strong bipartisan support, including from the Biden administration, the Senate was never afforded the opportunity to vote on and pass this amendment last August due to a procedural hurdle. The legislation introduced today is the exact same text introduced as a bipartisan amendment nearly one year ago.

“There’s been a lot of confusion about the reporting requirements included in the bipartisan infrastructure law,” said Sen. Warner. “As a former venture capitalist and someone who’s enthusiastic about innovation, I want to maintain America’s lead in financial innovation, including distributed ledger technologies. This bipartisan bill will underscore that the reporting requirements in the IIJA do not apply to crypto validators and other actors not providing broker-like functions while maintaining sensible guidelines to ensure that financial networks aren’t enabling illicit activity.”

“While there’s no question that digital asset exchanges behaving as brokers should be required to comply with existing reporting requirements, the bill signed into law last year would impose these requirements on many people who don’t even have the information needed to comply with them,” said Sen. Toomey. “By clarifying the definition of a broker, our legislation will protect innovation by exempting miners, network validators, and other service providers from onerous and unworkable requirements. This amendment had strong bipartisan support last August, and there’s no reason it shouldn’t be signed into law.”

“The Infrastructure Investments and Jobs Act placed unnecessary burdens on digital asset mining and wallet providers, and we must fix these reporting requirements,” said Sen. Lummis. “I’m proud to join my colleagues in introducing this important legislation which will ensure our tax system reflects the realities of the digital asset industry.”

“As more Arizonans utilize digital assets, our commonsense, bipartisan legislation ensures that everyday users of crypto – miners, stakers, and software developers – won't be subjected to reporting requirements that are intended for brokers of digital assets,” said Sen. Sinema.

“This legislation is designed to ensure that the digital asset reporting requirements signed into law as part of last year’s Infrastructure Investment and Jobs Act are implemented as intended,” said Sen. Portman. “I am pleased to see the Senate come together in bipartisan fashion to ensure that we provide clarity in the law and guidance around cryptocurrencies to maintain our edge in financial innovation.”

In addition to maintaining strong bipartisan support in the Senate, this legislation is widely supported by the digital asset industry.

“Coin Center supports any effort to improve the status quo created by the ill-advised crypto tax provisions in the Infrastructure Investment and Jobs Act,” said Jerry Brito, Executive Director of Coin Center. “We applaud Sen. Toomey for leading a bipartisan effort to address some of these issues and appreciate the support of Senators Warner, Sinema, Lummis and Portman.”

"We thank Senators Toomey, Sinema, Portman, Lummis, and Warner for their bipartisan leadership in this nuanced space,” said Sheila Warren, Chief Executive Officer of the Crypto Council for Innovation. “Clarifying how people can use and report on digital assets is important for the industry. We look forward to supporting the continued growth of innovation in the U.S. and working with policymakers on this issue."

“The Chamber of Digital Commerce commends Senator Toomey and co-sponsors for listening to the concerns of the digital asset community and continuing to advocate for regulatory clarity,” said Cody Carbone, Director of Policy, Chamber of Digital Commerce. “The infrastructure bill included burdensome reporting requirements for nearly every participant within the ecosystem and this bipartisan bill will ensure digital asset reporting requirements match the technology’s operation. We urge that this legislation is swiftly passed into law and look forward to working with all interested parties on policy that provides additional certainty for the digital asset space.”

"ADAM applauds Senators Toomey, Sinema, Portman, Lummis, and Warner for their continued bipartisan leadership to provide clarification on the definition of a broker as it relates to the 2021 Infrastructure Bill,” said Robert Baldwin, Head of Policy, Association for Digital Asset Markets. “Definitions matter and an overly broad interpretation of the broker definition as passed has the potential to dampen innovation and lead to the offshoring of various digital assets projects in the rapidly growing sector. This bill fixes the tax definitional issue. ADAM looks forward to continued bipartisan cooperation on this bill and other policy topics so that the U.S. can ensure a long-term position of leadership in digital assets.”

“Global DCA applauds the tireless efforts to clarify the definition of a broker with respect to the digital asset markets,” said Gabriella Kusz, CEO, Global Digital Asset and Cryptocurrency Association. “This common-sense solution will protect innovation while ensuring that those who are buying and selling cryptocurrency pay legitimate taxes that are owed. We look forward to continuing to work with Senator Toomey, Senator Sinema, Senator Portman, Senator Lummis, and Senator Warner to ensure there is responsible regulation without excessive federal overreach.”

“The proposed revisions to Internal Revenue Code regarding Information Reporting for Brokers and Digital Assets marks a key legislative opportunity that we believe will begin to unlock the best benefits of digital assets and blockchain,” said Ron Quaranta, Chairman of the Wall Street Blockchain Alliance. “By clarifying what it means to be a broker in light of this important innovation, the bi-partisan legislation paves the way for further innovations that can evolve markets and ultimately improve the overall financial lives of Americans. We are thankful for the continued effort and thought leadership of Senators Lummis, Portman, Sinema, and Warner, and on behalf of our members look forward to continued dialogue and collaboration with policymakers in the future.”

“Americans need common sense and fair guidance for engaging with blockchain protocols,” said Alison Mangiero, the Executive Director of The Proof of Stake Alliance (POSA). “POSA appreciates Sen. Toomey, Sen. Sinema, Sen. Warner, Sen. Lummis, and Sen. Portman’s, leadership and efforts to make clear that validators, those who do important work to secure blockchain protocols, are recognized appropriately for tax reporting purposes.  We urge the Senate to take up and pass this simple but important bill to provide much-needed clarity and help America grow its web3 economy.”

To read the full text of the bill click here.  

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) cosponsored bipartisan legislation led by Sens. Amy Klobuchar (D-MN), Bill Cassidy (R-LA), and a number of their Senate colleagues to address hazing incidents on college campuses. Since 2000, there have been more than 50 hazing-related deaths on America’s college campuses, including that of Adam Oakes, a Virginia Commonwealth University student who died in a fraternity hazing incident.

“Parents who send their kids off to college never imagine that their child may be injured, seriously impaired, or killed by the actions of their friends or peers. Unfortunately, this has been the reality for too many families, including the family of 19-year-old Adam Oakes, who died in a hazing incident at VCU last year,” said the Senators. “We owe it to parents and students to pass this legislation to provide transparency and accountability around these incidents, as well as education on the dangers and life-long consequences of hazing.”

The Report and Educate About Campus Hazing (REACH) Act would require hazing incidents to be reported as part of a college’s annual crime report and establish a definition of hazing to clarify what constitutes a reportable offense. The legislation would also require institutions to establish a campus-wide, research-based program to educate students about the dangers of hazing.

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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine celebrated Senate passage of the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 following obstruction efforts by Senate Republicans last week. This legislation will expand health care and benefits for toxic-exposed veterans under the Department of Veterans Affairs (VA) and authorize a new community-based outpatient clinic in Hampton Roads:

“Our nation’s veterans have sacrificed so much while serving in the Armed Forces, and we must honor that sacrifice by ensuring they have access to the benefits they’ve earned and deserve. We’re glad the Senate has finally done the right thing by passing this bipartisan legislation to expand much-needed health care benefits for veterans who were exposed to toxins and burn pits while serving our country,” the senators said.

Sens. Warner and Kaine voted to pass the Honoring Our PACT Act on June 16 and again on July 27.

The bill is named in honor of Sergeant First Class Heath Robinson, who died in 2020 from toxic exposure as a result of his military service in Kosovo and Iraq with the Ohio National Guard.

 Specifically, the Honoring Our PACT Act will:

• Expand VA health care to more than 3.5 million toxic-exposed post-9/11 combat veterans;
• Authorize 31 major medical facility leases and allocate $5.5 billion to fund those facilities—including a new outpatient clinic in Hampton Roads;
• Improve VA’s resources and training for toxic-exposed veterans;
• Create a framework for the establishment of future presumptions of service connection related to toxic exposure;
• Add 23 burn pit and toxic exposure-related conditions to VA’s list of service presumptions, including hypertension;
• Expand presumptions related to Agent Orange exposure and include Thailand, Cambodia, Laos, Guam, American Samoa, and Johnston Atoll as locations for Agent Orange exposure;
• Strengthen federal research on toxic exposure; and
• Set VA and veterans up for success by investing in VA claims processing, the VA’s workforce, and VA health care facilities.

The bill will now head to President Biden’s desk to be signed into law.

Virginia is home to more than 700,000 veterans. Sens. Warner and Kaine have long supported expanding health care and benefits for veterans exposed to toxins and burn pits during their service. The Fiscal Year 2021 National Defence Authorization Act (NDAA), which Sens. Warner and Kaine voted to pass, included provisions to expand the VA’s list of medical conditions associated with Agent Orange exposure. Warner and Kaine also cosponsored legislation that was signed into law in 2019 to extend VA coverage to veterans who were exposed to Agent Orange while stationed off the coast of Vietnam during the Vietnam War. The bill also extended these benefits to servicemembers exposed to herbicides while serving in the Korean Demilitarized Zone and to children of servicemembers stationed in Thailand who were born with spina bifida.

In 2015, confronted with wait times in Hampton Roads that were three times the national average, Sen. Warner successfully urged the VA to send down a team of experts to address the problem. He also succeeded in getting the Northern Virginia Technology Council to issue a free report detailing how to reduce wait times. Most recently, in October 2020, Warner successfully saw through the signing of his legislation to expand veterans’ access to mental health services and reduce the alarming rate of veteran suicide. He’s also previously met with senior leadership at the Hunter Holmes McGuire VA Medical Center and Hampton VA Medical Center to discuss wait time reduction at their facilities and suicide prevention efforts. 

As a member of the Senate Armed Services Committee (SASC), Kaine has introduced the bipartisan Vet Support Act to provide better identification, intervention, and care to veterans coping with mental health issues in underserved areas. He also cosponsored legislation to allow doctors at the VA to prescribe medical marijuana to veterans in states like Virginia that have established medical marijuana programs.

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