Press Releases
Warner, Brown Urge SEC To Implement Improvements to Their Human Capital Disclosure Rules
Jun 16 2022
WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Chairman of the Senate Banking, Housing, and Urban Affairs Committee Sherrod Brown (D-OH) encouraged the U.S. Securities and Exchange Commission (SEC) to continue focusing on improving human capital disclosures and on reforms that would ensure shareholders can properly evaluate public companies’ human capital practices and investments in their workers. The letter urges the SEC to implement the recommendations included in a petition from the Working Group on Human Capital Accounting Disclosure, which seeks to level the playing field between investments in workers and investments in physical equipment.
“As the Commission considers improvements to Regulation S-K and human capital disclosure, the working group’s recommendations would go a long way in ensuring shareholders can properly evaluate public companies’ human capital practices and investments in their workers. Strengthening human capital disclosure is needed to reflect the modern economy, where public firms are increasingly deriving their value from intangible assets,” the senators wrote.
They continued, “Human capital does not receive the same treatment as even R&D in this respect, placing spending on workers at a further disadvantage. Unlike R&D, human capital spending is included as part of a company’s administrative expenses and not as a stand-alone item. As a result, investors are not given the information to differentiate between a firm with poor human capital management and one that is making a concerted effort to invest in its workforce to increase worker capability and performance.”
On June 7, 2022 the Working Group on Human Capital Accounting Disclosures petitioned the Commission to improve human capital disclosures including the following recommendations:
- Requiring managers to disclose, in the Management’s Discussion & Analysis section of Form 10-K, what portion of investments in workers should be considered as an investment in the firm’s future growth to allow investors to distinguish between labor expenses and value-adding investments, like training or upskilling;
- Treating workforce costs similar to investments in R&D by ensuring workforce costs are disclosed; and
- Disaggregating labor costs to allow investors to clearly understand employees’ job function, expected value creation, and contributions to their company.
Since 2018, Sen. Warner has stressed the importance of updating human capital disclosure requirements to reflect the priorities of modern companies. Sen. Warner has long focused on prioritizing better reporting on human capital management and on making sure that companies are not discouraged – based on accounting or reporting rules – from investing in their workers. In a May 2020 letter to the U.S. Securities and Exchange Commission (SEC), Sen. Warner and Rep. Cindy Axne (D-IA) urged the SEC to require that human capital management information be made publicly available in a timely and accurate manner to help determine whether a company will be successfully able to weather risks following the COVID-19 crisis.
In May 2021, Sen. Warner and Rep. Axne reintroduced the Workforce Investment Disclosure Act to require public companies to disclose crucial workforce management metrics, including investments made in skills training, workforce safety, and employee retention. Sen. Warner also leads legislation, the Investing in American Workers Act, modeled on the R&D tax credit to further incentivize investments in companies’ most important asset, their workers.
A copy of the letter is available here and below.
Dear Chairman Gensler,
We are writing to urge the Securities and Exchange Commission (SEC) to adopt the recommendations included in the Working Group on Human Capital Accounting Disclosure’s petition to the Commission on June 7, 2022. As the Commission considers improvements to Regulation S-K and human capital disclosure, the working group’s recommendations would go a long way in ensuring shareholders can properly evaluate public companies’ human capital practices and investments in their workers. Strengthening human capital disclosure is needed to reflect the modern economy, where public firms are increasingly deriving their value from intangible assets.
We applaud the SEC for working on improvements to human capital disclosures as part of its regulatory agenda. In 2018, Senator Warner urged the Commission to focus on the treatment of human capital and noted the significant discrepancy between the treatment of physical investments and spending on human capital and research and development (R&D). A physical investment can be listed on a balance sheet and is often capitalized, whereas human capital and R&D investments are expensed. R&D is disclosed on its own expenditure line – reflective of its importance for firms’ valuation, competitiveness, and long-term performance – so that investors can assess company expenditures on R&D separately from other firm costs.
Human capital does not receive the same treatment as even R&D in this respect, placing spending on workers at a further disadvantage. Unlike R&D, human capital spending is included as part of a company’s administrative expenses and not as a stand-alone item. As a result, investors are not given the information to differentiate between a firm with poor human capital management and one that is making a concerted effort to invest in its workforce to increase worker capability and performance. The strengthened human capital disclosure must be focused on the discrepancy laid out above.
To do so, we respectfully urge the SEC to adopt the Working Group’s recommendations to improve human capital disclosures. Those recommendations include:
- Requiring managers to disclose, in the Management’s Discussion & Analysis section of Form 10-K, what portion of investments in workers should be considered as an investment in the firm’s future growth to allow investors to distinguish between labor expenses and value-adding investments, like training or upskilling;
- Treating workforce costs similar to investments in R&D by ensuring workforce costs are disclosed; and
- Disaggregating labor costs to allow investors to clearly understand employees’ job function, expected value creation, and contributions to their company.
These quantifiable and comparable disclosures would significantly improve investors’ ability to understand firms’ human capital practices. While there are tradeoffs and costs associated with mandating additional disclosures, firms already collect most of this information for tax reporting. In addition, few could argue that these disclosures would be unimportant for investors, particularly at a time when public companies’ value is increasingly determined by intangible assets like its workforce.
We look forward to continued engagement with the SEC on this critical issue, and appreciate your consideration of these recommendations as the Commission moves forward with updating Regulation S-K to strengthen human capital disclosures. Thank you for your attention to this important matter.
Sincerely,
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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) led a letter to Mr. Gene L. Dodaro, Comptroller General of the U.S. Government Accountability Office (GAO), asking for a study on supporting the technology modernization needs of Community Development Financial Institutions (CDFIs) and Minority Depository Institutions (MDIs). This study – part of a suite of efforts by the Senator to support CDFIs and MDIs – would help lay the groundwork for additional measures related to CDFI and MDI technology modernization. Sen. Warner was joined in sending the letter by House Financial Services Committee Chairwoman Maxine Waters (D-CA).
“In the Federal Reserve’s annual survey of CDFIs, more than 75% of CDFIs indicated they were unable to provide all the products or services they would like to offer on a sustained basis. In addition to further federal capital support, increasing access to technology tools will play a critical role as CDFIs and MDIs begin to leverage the historic funding provided by Congress. Technology resources can further empower community-based lenders with deep expertise and an understanding of their communities’ needs,” wrote the lawmakers. “There have been several private-sector and philanthropic efforts and partnerships to support technology investments in CDFIs and MDIs. In addition, several think tanks and policy organizations have highlighted these investments as a critical need for supporting CDFIs, MDIs, and the communities they serve. We are requesting GAO examine the scope of CDFIs and MDIs’ needs in technology and what else the federal government could do to support those needs.”
Beyond capital and staffing constraints, another significant barrier for CDFIs and MDIs is access to technology, because the cost to implement new systems is expensive and difficult to prioritize against the more immediate challenges of raising capital, staffing, and delivering for their communities. However, CDFIs and MDIs’ experience with the Paycheck Protection Program showed that technology investments can increase efficiency, support more lending, and improve the ability of these institutions to serve their communities.
To combat the hemorrhaging of jobs and economic opportunities during the pandemic, Sen. Warner has been a leader in Congress for CDFIs and MDIs. Most recently, Sen. Warner introduced legislation with Sens. Roger Wicker (R-MS), Cindy Hyde-Smith (R-MS), and Chris Van Hollen (D-MD) to deliver more long-term patient capital for CDFIs.
Sen. Warner also led successful efforts to secure a historic, $12 billion investment in CDFIs and MDIs in the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, which was signed into law on December 27, 2020. Of that $12 billion, $9 billion was used to create the Emergency Capital Investment Program (ECIP) to make tier one capital investments in depository CDFIs and MDIs. The Department of Treasury began to close on ECIP investments earlier this year and is expected to be finished closing its investments in the coming months. The remaining $3 billion in grant funding is also in the process of being fully distributed. On June 15, 2021, Treasury awarded the first tranche of $1.25 billion through the Rapid Response Program to 863 CDFIs. In addition, this week, Treasury opened the Equitable Recovery Program, the remaining $1.75 billion, up for applications.
A copy of the letter is available here.
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WASHINGTON — U.S. Sens. Mark Warner (D-VA) and Marco Rubio (R-FL) applauded the Senate passage of their Air America Act of 2021. The legislation, first introduced by Warner and Rubio in July 2020, would provide Air America employees with the federal retirement credit they earned.
“The brave men and women employed by Air America who conducted operations during the Cold War, Korean War, and Vietnam War were critical to U.S. efforts,” Sen. Rubio said. “I’m pleased that this bill has passed the Senate, and I hope the House will swiftly do the same, so that these Americans can receive the long-overdue honor and recognition they deserve.”
Air America was a wholly government-owned and operated corporation that conducted operations during the Cold War, Korean War, and Vietnam War. Their employees worked under the direct policy guidance of the White House, Department of Defense, and the Department of State while under the management of the Central Intelligence Agency (CIA).
Air America employed several hundred U.S. citizens, mainly flight crew members, and approximately 286 were killed in the line of duty while conducting covert operations in designated war zones. The last helicopter mission that rescued personnel from the rooftops in Saigon in 1975 was planned and executed by Air America and the United States Marine Corps.
Since 2009, the declassification of CIA Agency documents confirmed that Air Americans were employees of the U.S. Government at the time of their service and entitled to federal retirement credit based on the circumstances of their employment. Congress has maintained its interest in resolving the retirement situation of Air American employees for more than 15 years. During this process, the Office of Personnel Management, the Merit Systems Protection Board, the CIA and the Director of National Intelligence have all concluded that congressional action is required.
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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today applauded the Senate passage of the Joint Consolidation Loan Separation Act of 2021, legislation to provide much-needed relief for individuals who previously consolidated their student loan debt with a spouse. Although Congress eliminated the program on July 1, 2006, it did not provide a means of severing existing loans, even in the event of domestic violence, economic abuse, or an unresponsive partner. As a result, there are borrowers across the country who remain liable for their abusive or uncommunicative spouse’s portion of their consolidated debts. This legislation provides relief to these individuals by allowing borrowers to split this debt.
“The Senate passage of this commonsense legislation is a huge step for survivors of domestic violence and financial abuse who have spent decades fighting for their financial freedom. By finally allowing individuals to sever their joint consolidation loans, this bill will provide needed respite to vulnerable individuals who are being unfairly held responsible for the debt of a former partner. I urge my House colleagues to act with urgency and send this bill to the President’s desk as soon as possible.”
The Joint Consolidation Loan Separation Act would allow borrowers to submit an application to the Department of Education to split the joint consolidation loan into two separate federal direct loans. The joint consolidation loan remainder – the unpaid loan and accrued unpaid interest – would be split proportionally based on the percentages that each borrower originally brought into the loan. The two new federal direct loans would have the same interest rates as the joint consolidation loan. Additionally, the bill would enable borrowers to access student loan relief programs, such as the Public Service Loan Forgiveness (PSLF) Program and income-driven repayment programs for which they were previously ineligible due to their joint consolidation loans.
Sen. Warner authored the original version of the Joint Consolidation Loan Separation Act in 2017 after a constituent of his, Sara from McLean, Virginia, contacted him to communicate her struggles with a joint consolidation loan. Sara was raising two children on a public school teacher’s salary in Northern Virginia and trying to keep up with payments on her student loans. Unfortunately, her ex-spouse, whom she had divorced and moved thousands of miles away from to start fresh, refused to pay his share of their joint loan. Because joint consolidation loans create joint and several liability for borrowers, Sara faced the threat of having her wages as a public school teacher garnished if she did not pay both her and her ex-husband’s portions of their debt. Sen. Warner did not think this was fair and sought to create a solution, so that constituents like Sara could control their own financial futures. You can hear Sen. Warner tell Sara’s story here.
The Joint Consolidation Loan Separation Act has been supported by a number of organizations, including the National Network to End Domestic Violence, National Consumer Law Center, North Carolina Coalition against Domestic Violence, and the Virginia Sexual and Domestic Violence Action Alliance.
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WASHINGTON – With the privacy debate receiving renewed attention in Congress, U.S. Sens. Mark R. Warner (D-VA), Deb Fischer (R-NE), Amy Klobuchar (D-MN), and John Thune (R-SD) and Reps. Lisa Blunt Rochester (D-DE-AL) and Anthony Gonzalez (R-OH-16) today announced that their bipartisan, bicameral DETOUR Act – legislation that would prevent large online platforms from using deceptive user interfaces, known as “dark patterns,” to trick consumers into handing over their personal data – has picked up several new endorsements.
“We are pleased to see growing momentum behind our bipartisan effort to ban these manipulative practices,” said the members of Congress today. “There’s an increasing consensus in Congress that Americans should be able to make informed choices about handing over their data to large platform companies.”
The term “dark patterns” is used to describe online interfaces in websites and apps designed to intentionally manipulate users into taking actions they would otherwise not. These design tactics, drawn from extensive behavioral psychology research, are frequently used by social media platforms to mislead consumers into agreeing to settings and practices advantageous to the company.
The DETOUR Act would also prohibit large platforms from deploying features that encourage compulsive usage by children and from conducting behavioral experiments without a consumer’s consent.
"The American Psychological Association supports the efforts of Senators Mark Warner, Deb Fischer, Amy Klobuchar and John Thune to reduce harmful practices and deceptive tactics by social media companies. These practices can be especially harmful to children, but adults are also susceptible,” said Mitch Prinstein, PhD, Chief Science Officer at the American Psychological Association. “Through my research and that of my colleagues in psychological science, we increasingly understand how these companies can mislead individuals. This is why we support the DETOUR Act and its aim to protect social media users.”
“Social media companies often trick users into giving up their personal data – everything from their thoughts and fears to their likes and dislikes – which they then sell to advertisers. These practices are designed to exploit people; not to serve them better. Senator Warner and Senator Fischer’s DETOUR Act would put a stop to the destructive and deceptive use of dark patterns,” said Imran Ahmed, CEO of the Center for Countering Digital Hate.
“The DETOUR Act is an important step towards curbing Big Tech's unfair design choices that manipulate users into acting against their own interests. We are particularly excited by the provision that prohibits designs that cultivate compulsive use in children,” said Josh Golin, Executive Director of Fairplay. “Over the past year, we've heard a lot of talk from members of Congress about the need to protect children and teens from social media harms. It's time to put those words into action - pass the DETOUR Act!”
“The DETOUR Act proposed by Sen. Warner and co-sponsors represents a positive and important step to protect American consumers. DETOUR provides a mechanism for independent oversight over large technology companies and curtailing the ability of these companies to use deceptive and manipulative design practices, such as ‘dark patterns,’ which have been shown to produce substantial harms to users,” said Colin M. Gray, PhD, Associate Professor at Purdue University. “This legislation provides a foothold for regulators to better guard against deceptive and exploitative practices that have become rampant in many large technology companies, and which have had outsized impacts on children and underserved communities.”
“The proposed legislation represents an important step towards reducing big tech companies’ use of dark patterns that prioritize user engagement over well-being,” said Katie Davis, EdD, Associate Professor at the University of Washington. “As a developmental scientist, I’m hopeful the DETOUR Act will encourage companies to adopt a child-centered approach to design that places children’s well-being front and center, reducing the burden on parents to look out for and avoid dark patterns in their children’s technology experiences.”
The legislation was also previously supported by Mozilla, Common Sense, and the Center for Digital Democracy. Full text of the DETOUR Act is available here.
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Warner, Hagerty Introduce Updated Emergency Funding Bill to Protect U.S. Supreme Court Justices
Jun 14 2022
WASHINGTON—U.S Sens. Mark Warner (D-VA), Chairman of the Senate Intelligence Committee, and Bill Hagerty (R-TN), a member of the Senate Appropriations Committee, today introduced legislation that provides an additional $10.3 million to the U.S. Marshals Service and $9.1 million to the U.S. Supreme Court to address the unprecedented security threats to the justices, their families, and court employees.
The U.S. Marshals Service has already been providing around-the-clock security for the nine Justices at their homes and needs $10.3 million in additional funding for costs that have and will be incurred to provide this protection for the remainder of Fiscal Year 2022 (FY22). Similarly, the Supreme Court needs $9.1 million to cover its unexpected, increased security costs.
“Our government institutions are dealing with a record number of threats,” said Sen. Warner. “We saw on January 6 what can happen when we are unprepared for those threats. This legislation will provide the level of funding the Supreme Court needs to protect the justices and court employees.”
“An assassination attempt on one of our Supreme Court Justices is unthinkable, but sadly has become reality,” said Sen. Hagerty. “We must protect our most sacred American institutions, which is why my updated legislation provides the specific amounts requested by the Supreme Court and the U.S. Marshals Service to cover their current security needs. If we, as a Congress, are willing to send tens of billions of dollars for security needs overseas, then surely we can provide a tiny fraction of that amount to protect the men and women of one of the three branches of our federal government. The cost of failing to act is incalculable, as last week’s news made chillingly clear.”
Officials at the Court and the Marshals Service recently provided specific security funding needs to the Appropriations Committee.
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Warner, Scott Reintroduce Bipartisan Legislation to Improve Hiring of Caregivers for Seniors
Jun 13 2022
WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Tim Scott (R-SC) re-introduced the Ensuring Seniors’ Access to Quality Care Act, which would provide nursing home operators with access to the National Practitioner Data Bank (NPDB) – a national criminal background check system. This move would give employers greater ability to screen and vet potential employees to ensure that caregivers do not have a history that would endanger the seniors they are employed to look after. Sens. Warner and Scott first introduced this legislation 2019.
“Our seniors are owed compassionate, qualified caregivers as they age and depend more and more on professional assistance,” Sen. Warner said. “This legislation will provide senior living facilities with the tools they need to hire experienced staff and to continue to meet the high demand for workers without sacrificing quality care.”
“South Carolina is home to around 200 skilled nursing facilities that serve thousands of individuals in their golden years,” Sen. Scott said. “At zero cost to taxpayers, this bill will help ensure these facilities hire the best candidates, improving the quality of care for seniors across the nation.”
Currently, senior living facilities are not authorized to use the NPDB and instead must rely on state-level criminal background checks that can often omit key details about an employee’s background.
Additionally, the bipartisan legislation amends overly restrictive regulations that bar certain senior living facilities from conducting training programs for in-house Certified Nurse Assistants (CNAs) – individuals who assist patients with their daily activities – for a two-year period after a care facility is found to have deficiencies, such as poor conditions or patient safety violations.
Under existing regulations by the Centers for Medicare and Medicaid Services (CMS), senior living facilities that receive a civil monetary penalty (CMP) over $10,000 are automatically prohibited from conducting CNA staff training programs for a period of two years.
Specifically, the legislation would allow a senior living facility to reinstate its CNA training program if:
- The facility has corrected the deficiency for which the CMP was assessed;
- The deficiency for which the CMP was assessed did not result in an immediate risk to patient safety and is not the result of patient harm resulting from abuse or neglect;
- And the facility has not received a repeat deficiency related to direct patient harm in the preceding two year period;
According to the Bureau of Labor and Statistics, the need for nursing assistants and orderlies to care for the growing aging population is projected to rise 8 percent from 2020 to 2030. With this growing need for caregivers, in-house CNA education at senior living facilities often helps meet the need for CNAs. However, the existing two-year lockout period can make it more difficult for senior care facilities to properly train new employees and retrain existing staff.
“We commend Senators Warner and Scott for reintroducing this important legislation at this critical moment for the long term care workforce. In the midst of a historic labor crisis, we need solutions like the Ensuring Seniors’ Access to Quality Care Act to help nursing homes vet and train crucially needed caregivers. By allowing facilities the ability to offer CNA training programs and access to the National Practitioner Data Bank, we can ensure our nation’s seniors receive high quality care delivered by highly-trained and dedicated caregivers,” Mark Parkinson, president and CEO of the American Health Care Association/National Center for Assisted Living, said.
“Our nation’s long-term care system is facing a dire workforce shortage that has only intensified in the wake of the COVID-19 pandemic,” Katie Smith Sloan, president and CEO, LeadingAge, said. “CNAs provide essential care in nursing homes across the country, and we need strong training programs to ensure older adults have access to critical long-term care services. Without workers, there is no care, which is why every possible lever to build the direct care workforce must be pulled. LeadingAge applauds Senator Warner and Senator Scott for championing this much-needed legislation to address the nurse aide training lockout. We pledge to work with them to get this bill passed.”
“I started my career as a CNA in a facility training program. I know how important it is to keep this pathway for hands-on training open to ensure we have caregivers for seniors,” Derrick Kendall, Chairman of Virginia Health Care Association – Virginia Center for Assisted Living (VHCA-VCAL) and President & CEO of Lucy Corr of Chesterfield, said. “The demand for CNAs has never been greater, so it’s time to end this barrier to training more, especially when a facility has addressed the reason for the lockout.”
“Having access to the National Practitioner Data Bank would be extremely beneficial for us. It would help prevent bad actors from hopping from state to state,” Melissa Green, Chief Clinical Officer of Trio Health Care, LLC, Hot Springs, VA and a nursing home operator who has facilities close to neighboring states said. She cites an incident when it was revealed that an employee had stolen an identity to work as a nurse—without access to the NPDB there was no way to know the actual nurse’s identity was stolen even though the nursing home completed the required background checks.
“LeadingAge Virginia applauds Senators Mark Warner and Tim Scott for introducing legislation that will enable training of certified nursing assistants (CNAs),” Melissa Andrews, President and CEO of LeadingAge Virginia, said. “A ‘CNA Training Lockout’ runs counter to a nursing home’s ability to provide the highest quality of care that their residents rightly deserve, and we appreciate the senators for introducing legislation that enables our dedicated professional caregivers to care for older Virginians adequately and properly.”
“Now, more than ever, the senior living care field depends on trained professional caregivers like certified nursing assistants to help deliver high-quality services and supports to our residents,” Joan Thomas, chief operating officer at Birmingham Green, Manassas, VA, and a member of the LeadingAge Virginia Board of Directors, said. “We know our residents thrive when they have the support and care of a well-trained staff, and we appreciate this legislation that allows us to give our certified nursing assistants the best tools and training they need to do their jobs.”
Full text of the bill is available here.
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Ed Markey (D-MA) and his Senate colleagues in sending a letter to Department of Transportation (DOT) Secretary Pete Buttigieg highlighting the skyrocketing rates of motor vehicle fatalities and the need for swift action to reverse this trend.
The United States ranked first among 34 countries for the largest percentage increase in traffic fatalities in 2020. In the letter, the lawmakers note that nearly half of fatal crashes in 2021 can be linked to speeding, alcohol-impaired driving, or failure to use a seat belt. Additionally, the senators point out that dangerous roads also impact those outside the vehicle, with motorcyclists, pedestrians, and bicyclists accounting for 34 percent of all traffic fatalities in the past year.
“In May, the National Highway Traffic Safety Administration (NHTSA) reported that 42,915 people died in motor vehicle crashes in 2021, up 10.5 percent since 2020 and a shocking 32 percent since 2011,” wrote the senators. “Despite new technology and safety features, roads are becoming more dangerous for drivers, pedestrians, bicyclists, and other roadway users. We urge the Department of Transportation to continue to prioritize roadway safety and promptly employ new regulatory authorities Congress provided in the Infrastructure Investment and Jobs Act to reverse this disturbing trend.”
In addition to Sens. Warner and Markey, the letter was also signed by Sens. Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Dianne Feinstein (D-CA), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Ben Ray Luján (D-NM), Alex Padilla (D-CA), Jack Reed (D-RI), Brian Schatz (D-HI), and Elizabeth Warren (D-MA).
The lawmakers requested Secretary Buttigieg respond to the letter, specifically to provide:
1. Clarification on the plan to implement the National Roadway Safety Strategy;
2. Explanation of the Department’s use of existing resources and authorities to meet or beat deadlines for issuing auto safety rules;
3. Explanation of lessons the Department has taken from other countries to reduce traffic fatalities.
Sen. Warner has been a national leader on transportation issues as one of the chief authors of the landmark bipartisan infrastructure legislation signed into law by President Biden last year.
A copy of the letter is available here and below.
Dear Secretary Buttigieg,
We write with grave concerns about the skyrocketing number of motor vehicle fatalities in the United States. In May, the National Highway Traffic Safety Administration (NHTSA) reported that 42,915 people died in motor vehicle crashes in 2021, up 10.5 percent since 2020 and a shocking 32 percent since 2011. Despite new technology and safety features, roads are becoming more dangerous for drivers, pedestrians, bicyclists, and other roadway users. We urge the Department of Transportation to continue to prioritize roadway safety and promptly employ new regulatory authorities Congress provided in the Infrastructure Investment and Jobs Act to reverse this disturbing trend.
Motor vehicle crashes remain one of the most common causes of death in the United States. Faced with an epidemic of traffic fatalities during the mid-twentieth century, Congress directed regulators to impose new safety requirements on automakers, including mandating that new cars include seatbelts and airbags, among other commonsense changes. Subsequently, motor vehicle fatalities declined, both in absolute figures and relative to total miles driven. Traffic fatalities dropped from more than 50,000 annually during the early 1970s to under 40,000 each year by 2008, and the fatality rate fell from 5 deaths per 100 million miles driven to 1.15 in 2009.
Unfortunately, during the 2010s, this decades-long progress in improving road safety came to a screeching halt and now has gone into reverse. As NHTSA’s data shows, absolute motor vehicle fatalities soared to nearly 43,000 in 2021, and the fatality rate hit 1.33. These trends are even worse for members of minority and low-income communities, who are disproportionately likely to be killed in a motor vehicle crash. Moreover, while traffic fatalities have risen in the United States, they have fallen in other countries. In fact, the United States ranked first among 34 countries for the largest percentage increase in traffic fatalities in 2020, compared with averages from 2017 to 2019. As you have rightfully declared, this is a national crisis.
This crisis has multiple causes. According to NHTSA’s recent report on traffic fatalities, in 2020, 45 percent of passenger vehicles in a fatal crash involved at least one of three behavioral factors: speeding, alcohol-impaired driving, and seat belt non-use. While the COVID-19 pandemic appears to have increased these reckless behaviors, our efforts to reduce them stalled even before COVID struck. For example, the absolute number of fatalities and fatality rate of alcohol-impaired driving stayed roughly flat over the past decade, before rising in 2020. Similarly, the percentage of front-seat passengers using seat belts rose steadily until 2016 — when it finally hit 90 percent — but has flat-lined since then. DOT data on speeding-related fatalities shows similar trends.
This stagnation in reducing risky behaviors masks important shifts in the affected populations. Individuals outside the vehicle — motorcyclists, pedestrians, and bicyclists, among others — now make up 34 percent of traffic fatalities, up from 20 percent in the mid-1990s.
This increase is particularly notable in urban locations, where traffic fatalities have risen by 48 percent over the past 10 years while they have declined by 6.2 percent in rural areas. Pedestrian fatalities are up a whopping 61 percent in urban areas during that period. The conclusion is clear: Roads remain extremely dangerous — for those inside and outside the vehicle.
The Department of Transportation took an important first step to address this problem by issuing its National Roadway Safety Strategy (NRSS) in January. In the NRSS, DOT, for the first time, set a goal of zero traffic fatalities or serious injuries and adopted a five-pronged “Safe System Approach.” This document is a laudable effort to recognize the traffic safety crisis and set achievable goals for implementing new safety regulations. Unfortunately, NHTSA’s record in issuing congressionally mandated rules — going back multiple administrations — raises concern that it may not meet the deadlines in the infrastructure law and the NRSS. While many of those deadlines remain over a year away, given last year’s fatality data, we urge DOT to move swiftly to implement these new rules ahead of schedule. There is no time to waste, and proven solutions — including congressionally mandated regulations requiring advanced driver assistance systems, advanced drunk and impaired driving prevention systems, and other safety improvements on new vehicles — are readily available.
Given the urgency of this problem, we ask that you please respond in writing to the following questions by June 29, 2022:
1. What steps has the Department of Transportation taken since January 2022 to implement the National Roadway Safety Strategy? What processes are in place to ensure all target completion dates are met?
2. How is the Department of Transportation utilizing existing resources and authorities to meet or even beat the deadlines for issuing auto safety rules as required under the Infrastructure Investment and Jobs Act? How can Congress further support these efforts?
3. What lessons has the Department taken from efforts by other countries to reduce traffic fatalities and accelerate safety improvements?
We applaud your tenacity in approaching this problem. As you declared on the first page of the NRSS, “We face a crisis on our roadways; it is both unacceptable and solvable.” We agree, and we stand ready to assist DOT and NHTSA as they undertake this critical mission to restart the regulatory engine that delivered such immense improvements in roadway safety during the latter half of the 20th century.
Thank you for your efforts on this important issue.
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Bicameral Delegation Statement on Ghaisar Case
Jun 10 2022
WASHINGTON - U.S. Sens. Mark R. Warner (D-VA) and Tim Kaine (D-VA), Congresswoman Eleanor Holmes Norton (D-DC), and Representatives Don Beyer (D-VA), Jennifer Wexton (D-VA) and Gerry Connolly (D-VA) today issued the following statement on the announcement from the U.S. Department of Justice that it would not reopen an investigation into the case of two U.S. Park Police officers who shot and killed Northern Virginian Bijan Ghaisar in 2017:
“We are deeply disappointed in the Justice Department’s decision not to reopen the investigation into the killing of Bijan Ghaisar by U.S. Park Police. Nearly five years after he was killed, Bijan’s family, friends, and community still are no closer to an understanding of how the events of that night could justify his being shot to death by police. We are thinking of the Ghaisar family today, and will continue to stand with them in their pursuit of justice.”
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WASHINGTON – Today, Senate Select Committee on Intelligence Chairman Mark R. Warner (D-VA), and committee members Michael Bennet (D-CO) and Ben Sasse (R-NE), unveiled the American Technology Leadership Act, legislation to establish an Office of Global Competition Analysis to assess how the United States fares in key emerging technologies relative to other countries to inform policy and strengthen U.S. competitiveness. Bennet plans to advocate for the bill’s inclusion in the Fiscal Year 2023 Intelligence Authorization Act.
“As we compete to supply the world with cutting-edge technologies, we don’t have a meaningful way to track how our progress stacks up against China’s in advancing the technologies of the future. Establishing an Office of Global Competition Analysis will help fill this knowledge gap and allow us to better compete on the world stage,” said Warner.
“To compete with countries like China, we have to secure U.S. leadership in critical emerging technologies, such as semiconductors and artificial intelligence,” said Bennet. “Today, we have no idea where the United States stands in these growing sectors compared to our competitors and adversaries. Our bipartisan legislation would fuse information across the federal government, including classified sources, to help us better understand U.S. competitiveness in technologies critical to our national security and economic prosperity and inform responses that will boost U.S. leadership.”
“We are currently in a tech war with China, and the urgency to keep the upper hand is growing,” said Sasse. “Staying technologically competitive needs to be our top priority, which is why we need to assess how we compare with other countries technologically and which technologies matter most to our economic and national security. We’re going to need to stay sharp and creating an office to focus on global competition is just one step that helps us stay ahead of our competition.”
Today, there is no federal entity responsible for assessing U.S. leadership in key technologies relative to strategic competitors like China. Although the Department of Defense evaluates how our battleships, tanks, and aircraft compare to other nations, there is no equivalent process for critical technologies like artificial intelligence and quantum computing, despite their far-reaching consequences for America’s national security and economic prosperity.
The Office of Global Competition Analysis would be staffed by experts from the Departments of Commerce, Treasury, and Defense, along with the Intelligence Community, and other relevant agencies. The new Office could also draw on experts from the private sector and academia on a project basis, and the legislation allows it to leverage the capability of an existing Federally Funded Research and Development Center (FFRDC). The Office would support both economic and national security policy makers. The White House’s Office of Science and Technology Policy (OSTP), National Economic Council, and the National Security Council (NSC) would jointly manage the office and set priorities and project requirements.
Specifically, a technology net assessment capability will enable the U.S. government to:
- Identify which technologies will matter most to America’s economic and national security;
- Evaluate America’s technology leadership relative to other countries; and
- Determine the appropriate policy response to ensure U.S. leadership.
The bill text is available here. A one-page summary of the bill is available here.
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WASHINGTON— Today, U.S. Sens. Mark R. Warner and Tim Kaine announced $627,837 in federal funding for the Virginia Department of Agriculture and Consumer Services (VDACS) to administer a pilot project through Feed More, Fredericksburg Regional Food Bank, and Feeding Southwest Virginia. This funding will help the food banks expand their operations and food delivery in underserved areas.
“Virginians shouldn’t have to worry about where they’re going to find their next meal,” said Sens. Warner and Kaine. “We’re glad this federal funding will be used to help food banks across Virginia expand their operations and continue providing nutritious food to underserved communities.”
The funding was awarded by the U.S. Department of Agriculture (USDA) through The Emergency Food Assistance Program's (TEFAP) Reach and Resiliency Grants and will be used to reach remote, rural, and low-income areas.
During the pandemic, Warner and Kaine successfully called for the swift approval of Virginia's Request to operate a Pandemic Electronic Benefit Transfer (P-EBT) program to ensure children have access to healthy food while at home. They also successfully pushed USDA to make food distribution policies more flexible for Virginia’s families. In March 2022, Warner and Kaine sent a letter urging USDA to issue guidance to better address the growing food insecurity crisis among college students. Warner and Kaine also cosponsored the Support Kids Not Red Tape Act, legislation that would extend additional flexibility so that schools and summer meal sites can stay open and continue to provide free, healthy meals for children.
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BROADCAST-QUALITY B-ROLL AVAILABLE HERE
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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) was joined by the White House American Rescue Plan Coordinator Gene Sperling in announcing $219.8 million in broadband funding for Virginia, which comes from the $10 billion Coronavirus Capital Projects Fund authored by Sen. Warner and included in the American Rescue Plan.
As part of the announcement, Sen. Warner and Sperling were joined by NOVA President Anne M. Kress, PhD and NOVA Medical Education Provost Shelly L.S. Powers, DMSc, MA, PA-C in a demonstration of a hybrid Radiation Oncology course, during which they got a first-hand look at the invaluable role of broadband in expanding access to opportunity through quality higher education. The course also serves students in Roanoke, as it is taught by faculty from Virginia Western Community College (VWCC) and Northern Virginia Community College (NOVA) through specialized instructional equipment only available at NOVA’s Medical Education Campus.
“In Virginia, broadband is absolutely critical to the economic prosperity, education, and health of every family. Today we saw a partnership between two institutions on either side of the Commonwealth who are able to reach more students and expand access to high-quality higher education thanks to the power of high-speed internet,” said Sen. Warner. “I was proud to negotiate this historic investment as part of last year’s emergency COVID-19 relief bill, and am thrilled to know that Virginia is among the first four states to receive its slice of the pie. I look forward to seeing Virginia achieve universal broadband coverage in the very near future.”
“There were a lot of people involved in the American Rescue Plan negotiations, folks like Senators Manchin, King, Hassan, Tester, Sinema, Hickenlooper, and many others, and of course, a lot of people at the White House were involved. But if you lined them all up and asked who was the leader and who was responsible for this $10 billion for broadband and connectivity, the verdict would be unanimous: we would not be here giving $220 million to Virginia if it wasn’t for Senator Mark Warner," said White House American Rescue Plan Coordinator Gene Sperling at the event today.
“Expanding access to healthcare education programs will help our region address critical nursing and staffing shortages, especially in rural communities,” said NOVA President Anne M. Kress, PhD. “As the only Virginia community college with a dedicated medical education campus, NOVA is proud to share its knowledge and state-of-the art equipment with peer institutions and their students across the Commonwealth. With expanded access to affordable and reliable broadband, more students will have the opportunity to choose and succeed in rewarding career pathways like healthcare, earning degrees and certificates that advance their families and our communities.”
“The pandemic exposed longstanding challenges that workers and families face when they don’t have adequate access to the internet, especially those living in rural areas and other unconnected communities. That is why these broadband investments are so urgently needed across the cuntry,” said Deputy Secretary of the Treasury Wally Adeyemo. “This funding through the American Rescue Plan will help connect thousands of communities in Virginia with affordable, high-speed broadband service. Treasury commends Virginia for targeting this funding to places where it is most urgently needed across the state.”
Virginia’s $219.8 million represents 100 percent of its available CPF funding and will expand last-mile broadband access to an estimated 76,873 locations. Through a competitive grant-making program overseen by the Virginia Telecommunication Initiative (VATI), local governments in partnership with internet service providers will apply for funds with the goal of deploying universal coverage solutions in the localities involved.
As approved by the Department of Treasury, VATI’s plan is designed, upon project completion, to deliver reliable internet service that meets or exceeds symmetrical download and upload speeds of 100 megabits per second (Mbps), speeds that are needed for a household with multiple users to simultaneously access the internet to telework and access education and health monitoring. In accordance with Treasury’s guidance, each state’s plan requires all service providers to participate in the Federal Communications Commission’s (FCC) new Affordable Connectivity Program (ACP). The ACP helps ensure that households can afford the broadband they need for work, school, healthcare, and more by providing a discount of up to $30 per month. The FCC estimates that about 48 million families are eligible for the program—nearly 40 percent of households.
The CPF provides $10 billion to states, territories, freely associated states, and Tribal governments to fund critical capital projects that enable work, education, and health monitoring in response to the public health emergency. A key priority of the program is to make funding available for reliable, affordable broadband infrastructure and other digital connectivity technology projects.
As Senator, and during his tenure as the 69th Governor of Virginia, Sen. Warner has been a staunch advocate for expanded access to broadband. With more Virginia families forced to rely on the internet for telework and telehealth as a result of the COVID-19 crisis, Sen. Warner secured $65 billion in funding within the bipartisan infrastructure law to help deploy broadband, increase access, and decrease costs associated with connecting to the internet.
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WASHINGTON – Senate Select Committee on Intelligence Chairman Mark R. Warner (D-VA) and Vice Chairman Marco Rubio (R-FL) led bipartisan members of the Senate Intelligence Committee in urging the Biden administration to increase sanctions on enablers of Vladimir Putin’s regime amidst its unprovoked and illegal war in Ukraine.
In a letter to Treasury Secretary Janet Yellen, the senators wrote, “While many of the Putin regime’s top figures are already subject to United States, European, and other nations’ sanctions, we believe it is important that lower-tier enablers of the regime’s aggressive policies, including its militarists, propagandists, corrupt officials, public supporters, senior federal officials, and legislators, also be subject to a sanctions regime to ensure that they cannot continue to support Russia’s reprehensible aggression, yet benefit from assets, vacations, or educational opportunities in the West.”
Specifically, the senators urged the administration to take into account the list of 6,000 such Russian officials and regime enablers compiled by the Anti-Corruption Foundation of Russian opposition leader Alexei Navalny.
Added the senators, “The goal of such sanctions should be to ensure that these individuals do not have access to assets in the United States or ability to travel to the U.S.; force them to leave their posts, thereby hollowing out the Putin regime’s capacity to continue its unjust war; and pressure such officials to denounce publicly Russia’s aggression against Ukraine and the corruption of the Putin regime.”
In addition to Sens. Warner and Rubio, the letter was signed by Sens. Ron Wyden (D-OR), Jim Risch (R-ID), Martin Heinrich (D-NM), Susan Collins (R-ME), Kirsten Gillibrand (D-NY), John Cornyn (R-TX), and Ben Sasse (R-NE).
A copy of the letter is available here and below.
Dear Secretary Yellen:
We write to you regarding the need to increase sanctions on enablers of the Putin regime in Russia, including those who provide support for Russia’s unjustified invasion of Ukraine.
While many of the Putin regime’s top figures are already subject to United States, European, and other nations’ sanctions, we believe it is important that lower-tier enablers of the regime’s aggressive policies, including its militarists, propagandists, corrupt officials, public supporters, senior federal officials, and legislators, also be subject to a sanctions regime to ensure that they cannot continue to support Russia’s reprehensible aggression, yet benefit from assets, vacations, or educational opportunities in the West.
Specifically, we urge you to take into account the list of 6,000 such Russian officials and regime enablers compiled by the Anti-Corruption Foundation of Russian opposition leader Alexei Navalny.
The goal of such sanctions should be to ensure that these individuals do not have access to assets in the United States or ability to travel to the U.S.; force them to leave their posts, thereby hollowing out the Putin regime’s capacity to continue its unjust war; and pressure such officials to denounce publicly Russia’s aggression against Ukraine and the corruption of the Putin regime.
On May 19, 2022, the European Parliament passed a resolution similarly calling for greater sanctions to impose consequences for Russia’s invasion of Ukraine, including calling “to extend the list of individuals directly targeted by EU sanctions, including Russian oligarchs, taking into account the list of 6,000 individuals presented by Navalny’s Foundation.”
We stand ready to assist you as needed in implementing these targeted sanctions.
Sincerely,
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Warner & Kaine Announce Nearly $4,000,000 in Federal Funding for Water Service in Wythe County
Jun 03 2022
WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced a Rural Development investment of $1,932,000 from the U.S. Department of Agriculture (USDA). In addition to the grant, a matching 40-year loan has been approved by the USDA to supplement the costs, bringing the project total to $3,864,000.
This funding will go towards the construction and installation of approximately eight miles of water line, a pump station, 92 water meters, 28 fire hydrants, and related accessories.
“It is essential that Virginians have access to safe, clean water,” the senators said. “This project will provide the Wythe County community with the infrastructure to support a safe water system for its residents.”
Currently, residents in the area are served by private wells with both quality and quantity problems. According to water samples, over 60 percent of the wells have tested positive for Coliform and E. coli, posing a health hazard to community members. This project will correct these health hazards and reduce iron and manganese levels in the water for 214 residents.
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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine issued the following statement applauding the historic $58 million federal transportation investment in the Raleigh to Richmond (R2R) corridor announced today:
“We encouraged Secretary Buttigieg to bring this funding to Virginia because when we invest in state-of-the-art transportation infrastructure, we can boost economic development, create jobs, and improve our quality of life. We’re looking forward to seeing the positive impacts of this funding, and will keep fighting for similar investments to build on the progress we made through the Bipartisan Infrastructure Law.”
Today’s funding is being allocated through the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Grant program, which aims to both improve travel times and help currently underserved and minority rural communities access rail service. This funding will help support the R2R corridor’s establishment of 162 miles of high-performance passenger rail service between Raleigh and Richmond. Upon completion of the project, more Amtrak trains will be available between Norfolk and Richmond, and between Richmond and long distance destinations to its north and south.
Sens. Warner and Kaine—who helped pass the Warner-negotiated Bipartisan Infrastructure Law, which nearly tripled funding for the CRISI Grant program—previously advocated for this investment given its benefits for Virginia and the entire southeast region.
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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the statement below, celebrating the rescue of hundreds of dogs in acute distress from the Envigo breeding facility in Cumberland, Virginia. According to a joint motion filed by Envigo and the U.S. Department of Justice (DOJ) in the U.S. District Court for the Western District of Virginia, Envigo has relinquished 446 beagles following their seizure by federal agents. The joint motion also extends the Temporary Restraining Order against Envigo for 14 days to prevent the breeding, sale, or otherwise dealing of beagles at the Cumberland facility until Envigo demonstrates compliance with the Animal Welfare Act.
“We’re thrilled to report that nearly 450 innocent dogs are finally free from abuse and neglect after being seized by federal officials and surrendered by Envigo. We’ve spent months pressing the Department of Agriculture to take action against Envigo following its persistent and egregious abuses of animal welfare laws, and are glad to see enforcement efforts come to fruition. We will continue to follow this case closely and do everything in our power to prevent Envigo from causing further harm to innocent animals.”
In March, Sens. Warner and Kaine expressed horror and demanded immediate and aggressive action by the Animal and Plant Health Inspection Service (APHIS) following more than 70 animal welfare violations at the Envigo breeding and research facility in Cumberland. In a letter to APHIS Administrator Kevin Shea, the Senators urged APHIS to immediately suspend Envigo’s Cumberland facility license, condemning “persistent and egregious” abuses that led to distress, injury, and death in dogs and puppies.
Sen. Warner, a dog owner, has been an advocate for dogs in Virginia and throughout the country, earning a 100% on the Humane Society of the United States’ Humane Scorecard for 2021. In March, Sen. Warner secured the passage of new language requiring the Department of State to report on the status of dogs in the Explosive Detection Canine Program (EDCP). This program came under scrutiny in 2019 after an Inspector General (IG) report found that the Department failed to conduct proper follow-up after sending highly-trained dogs to foreign partner nations, resulting in the death of at least ten dogs from largely preventable illnesses.
Sens. Warner and Kaine have been consistent cosponsors of the Puppy Protection Act, which would amend the Animal Welfare Act to include additional care and safety standards for dog breeders like Envigo. Under the bill, breeders would be required to house dogs in appropriately sized enclosures with solid ground and keep them on a regular diet and exercise routine. As Governor of Virginia, Kaine signed a law that imposed stricter legal penalties for dogfighting offenses.
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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $500,000 in federal funding from the Appalachian Regional Commission (ARC) for Wise County. This funding will go towards an existing project to extend sewer service to 44 households and 13 businesses in the Glamorgan community by constructing 13,640 linear feet of new sewer line. By providing sewer service along this section of US Highway 23, the project will improve public health and promote future development.
“This is an investment not only in the health of Virginians, but in the future of a growing community,” the senators said. “By providing Virginians with access to public wastewater services, we are working to safeguard our rivers, our people, and our future.”
In addition to the Glamorgan Sewer Line Project's ARC funds, local sources will provide $254,657, bringing the total for this phase of funding to $754,657. In September of 2020, Sens. Warner and Kaine announced $500,000 in initial funding from ARC for this project.
ARC is an economic development agency of the federal government and 13 state governments that innovates and invests to build community capacity and strengthen economic growth in 423 counties across the Appalachian region.
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WASHINGTON – U.S. Sens. Mark Warner and Tim Kaine (both D-VA) joined Sens. Ben Cardin and Chris Van Hollen (D-MD) and fellow Chesapeake Bay State-sens. Tom Carper (D-DE), Bob Casey (D-PA), Kirstin Gillibrand (D-NY), and Chris Coons (D-DE) today announced that they urged Senate leaders to support across-the-board funding sufficient to answer the many threats facing the health of the Chesapeake Bay watershed.
“Our states are heavily invested in implementing a Chesapeake Clean Water Blueprint designed to restore this national treasure. Continued federal partnership to support this complex, regional effort is key to their success,” the senators wrote. “To maintain the trust and collaboration of state and local partners, we have identified essential programs across the federal agency partners in Fiscal Year 2023 (FY23).”
Notably, the senators advocate funding levels of $15 million for the U.S. Fish and Wildlife Service Chesapeake WILD program; $10.7 million for the NOAA Chesapeake Bay Office; $5.6 million for National Park Service Chesapeake Bay Office programs; and more than $17 million for scientific and monitoring services of the U.S. Geological Survey.
“As a testament to the value of this federal-state partnership, all watershed states signed the 2014 Chesapeake Bay Watershed Agreement. Under the Agreement, the jurisdictions and federal agencies have voluntarily committed to work together to restore water quality in the Chesapeake Bay by 2025,” wrote the senators. “We must maintain federal investment in the programs below to support state-led efforts and ensure their continued success.”
Full text of the letter is available here.
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Sen. Warner Leads Bipartisan, Bicameral Group in Introducing Legislation to Expand Telehealth Services
May 27 2022
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) with Sen. John Barrasso M.D. (R-WY) and Reps. Brad Wenstrup (R-OH), Dan Kildee (D-MI), John Joyce M.D. (R-PA), and Lisa Blunt Rochester (D-DE) introduced the bipartisan Kidney Health Connect Act to allow dialysis clinics to serve as originating sites for telehealth services and guarantee that patients are not responsible for additional costs.
“The pandemic showed us that telehealth is a critical tool in providing timely and safe access to health care while cutting costs for patients and providers,” Sen. Warner said. “After working to expand telehealth to home dialysis in 2018, I’m proud to build on those efforts by introducing legislation that would permanently increase telehealth flexibilities for the many Americans that rely on dialysis centers. As we move out of the pandemic, we must continue working to expand sensible protections that make health care work better for all.”
Over the course of the pandemic, patients have benefited from increased access to telehealth services. However, for patients insured through Medicare, these flexibilities are temporary and tied to the COVID-19 Public Health Emergency declaration. This legislation gives patients with End Stage Renal Disease (ESRD) continued access to connect with their providers by:
- Allowing dialysis clinics to serve as originating sites for Medicare telehealth services.
- Removing the 20 percent facility fee coinsurance obligation for patients accessing telehealth services in the clinic.
This continues Sen. Warner’s leadership after successfully expanding telehealth to home dialysis services. 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, among other efforts. 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 bill is available here.
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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine and U.S. Congressman A. Donald McEachin announced $6,355,829 in federal funding for the Virginia Passenger Rail Authority to make improvements to Ettrick Station. The improved station will attract additional train service and approximately 10,050 new riders annually.
“We’re excited the Virginia Passenger Rail Authority is receiving these federal dollars to upgrade the Ettrick Station and improve public transportation in the region,” said the lawmakers. “This funding will help enhance safety, increase ridership, and reduce emissions by taking cars off the road.”
The funding was awarded through the Department of Transportation’s (DOT) Consolidated Rail Infrastructure and Safety Improvements Grant program. Specifically, this funding will be used to make improvements to the existing station building and upgrade its parking and lighting. It will also go towards the construction of a new 850 feet long platform in compliance with the Americans with Disabilities Act (ADA).
The funding announced today is in addition to $1 million for the station that Warner, Kaine, and McEachin secured in the FY 2022 government funding bill.
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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine released the following statement after their Republican colleagues blocked the Domestic Terrorism Prevention Act from receiving a final Senate vote:
“Everyone deserves to go to work or the store without worrying about being a victim of domestic terrorism. Yet in the last two weeks alone, 10 Black Americans died in a racist shooting in Buffalo. Nothing about addressing extremist violence, hate crimes, and domestic terrorism should be partisan, and it’s deeply disappointing that not a single Republican in the Senate stood with us today to even open debate on legislation to help make our communities safer. The American people deserve action and we’re going to keep working to deliver it.”
According to a March 2021 report by the Office of the Director of National Intelligence, the two most lethal threats among domestic violent extremists are racially or ethnically motivated violent extremists (RMVEs) and militia violent extremists (MVEs). RMVEs are most likely to conduct mass-casualty attacks against civilians, such as the deadly shooting at a Tops Friendly Markets in Buffalo earlier this month.
Had Republicans not blocked the bill from reaching a final vote—where it would have been expected to pass and proceed to President Biden’s desk for signature—the Domestic Terrorism Prevention Act would have established new requirements to expand the availability of information on domestic terrorism, as well as the relationship between domestic terrorism and hate crimes.
The legislation would also have authorized components within the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI) to monitor, analyze, investigate, and prosecute domestic terrorism. DHS, DOJ, and the FBI would have also been required to review their anti-terrorism training programs and make training on prosecuting domestic terrorism available to its prosecutors.
In addition, the bill would have created an interagency task force to analyze and combat white supremacist and neo-Nazi infiltration of the uniformed services and federal law enforcement agencies, and directed the FBI to assign a special agent or hate crimes liaison to each of its field offices.
Full text of the legislation is available here.
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Warner, Brown, Thune, Grassley Introduce Legislation to Help First Responders Save Money in Retirement
May 25 2022
WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Sherrod Brown (D-OH), John Thune (R-SD), and Chuck Grassley (R-IA) introduced legislation to allow retired first responders to withdraw from their retirement without being penalized. The senators’ legislation would improve and reform the Healthcare Enhancement for Local Public Safety Act (HELPS), by changing state and local direct payment requirements from mandatory to optional, and creating an alternative to the current method, allowing the retirement system to make the distribution to the retired public safety officer. The retiree can then make the premium payment to the provider and remain eligible for the tax exclusion.
“Virginia’s first responders put themselves at risk every day to protect our communities – the least we can do is ensure that they are taken care of in retirement,” said Sen. Warner. “I’m proud to introduce the bipartisan Police and Fire Health Care Protection Act of 2022, which will make it easier for tens of thousands of retired officers – like Mr. Wally Bunker, a stalwart advocate and retired police officer from Culpepper – to claim the benefits that they have earned.”
“Ohio firefighters and other first responders wear their bodies out protecting our families and communities, and they shouldn’t have to worry about being penalized for withdrawing from retirement that they’ve earned,” said Sen. Brown. “This is a simple solution that allows first responders to keep their own money and alleviate pressure on state and local governments.”
“We owe a great debt of gratitude to our retired police officers, firefighters, and other first responders who dedicated their lives to protecting our communities and keeping our friends, families, and neighbors across South Dakota safe,” said Sen. Thune. “Currently, it is extremely difficult for retired first responders to utilize an existing benefit that helps cover certain health care expenses, which is why I introduced this legislation that would ensure these retirees can make tax-free withdrawals from their pension and direct those amounts to qualifying insurance premiums.
“First responders play a vital role in our communities, addressing a variety of high-stress emergency situations throughout their careers. All first responders ought to be able to take advantage of a tax benefit that is intended to help them access health coverage in retirement,” said Sen. Grassley.
In order to implement the direct payment requirement under current law, state and local retirement systems are now responsible for directly paying often numerous health and long-term care providers and keeping track of changes to premium amounts and payment deadlines for thousands and sometimes tens of thousands of retirees. This already challenging task is made even more difficult because providers will often communicate only with the retiree policyholder and not with the retirement system. Information does not flow seamlessly, and inadvertent errors are made. In addition, due to the complexity, some retirement systems have made the decision to not implement HELPS, thereby resulting in retired public safety officers covered by these pension plans being ineligible for the tax benefit.
“Too often fire fighters are forced to retire early and have no access to affordable health insurance. We owe it to our fire fighters and EMS providers to help them access quality healthcare after making a career’s worth of physical and mental sacrifices for our communities,” said Edward Kelly, General President, International Association of Fire Fighters. “This legislation ensures our retired fire fighters can access their hard-earned retirement income to pay for health insurance costs. The IAFF thanks Senators Brown, Thune, Warner, and Grassley for their commitment to supporting our retirees and helping them to maintain a healthy and secure retirement.”
“In 2006, Congress enacted the HELPS Retirees Act, which provided a modest tax benefit to help retired public safety officers afford health insurance by allowing the use, on a pre-tax basis, of up to $3,000 annually from their pension funds health care and long-term care insurance,” said Patrick Yoes, National President, Fraternal Order of Police. “However, too many public safety officers were ineligible or lost their eligibility for this benefit because of the law’s ‘direct pay’ requirement. This means that the public pension system must pay the health or long-term care insurance company directly in order to exclude these payments from the employee’s gross income. Officers whose pensions are or came to be administered by third parties could not take advantage of this tax break. We are very grateful to Senators Brown and Thune for introducing legislation which repeals this direct pay requirement and provides a modest increase to the benefit.”
“On behalf of Ohio’s and the nation’s public safety personnel we are grateful to Senator Brown for his leadership on this issue. The new legislation will ensure that first responders receive the assistance Congress intended them to receive with their health care expenses in retirement,” said Mary Beth Foley, Executive Director, Ohio Police & Fire Pension Fund (OP&F).
Under the senators’ bill, plans that are able to implement HELPS through the current direct payment method, possibly because they have only one or two providers to pay and a small number of retirees, may continue to do so. However, for the many retirement systems that are experiencing administrative problems with the current requirement or have refused to implement HELPS because of the burdens, the senator’s legislation will allow them to make distributions to their retirees without rendering the retiree ineligible for the tax exclusion.
In cases where the distribution is made to the retiree, the legislation would require the retiree to include with their tax return an attestation that the amount sought to be excluded from the pension distribution does not exceed the amount paid by the employee for qualified health insurance premiums for the taxable year. The tax exclusion is capped under current law at $3,000 per year.
The bill has been endorsed by the Fraternal Order of Police, National Association of Police Organizations, and the International Association of Fire Fighters.
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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and Mike Crapo (R-ID), senior members of the Senate Committee on Banking, Housing, and Urban Affairs, introduced legislation to improve the collection and publication of data collected by federal financial regulatory agencies. The Financial Data Transparency Act requires financial regulators to develop common standards that promote the organization, readability, and availability of financial data they collect from regulated institutions – rules that will make data easier for the public to use and for agencies to process.
“I have long pushed to modernize our government’s technology infrastructure, and the Financial Data Transparency Act marks another important step toward more consistency and transparency in government data collection and use,” said Sen. Warner. “I’m proud to work once again with Senator Crapo on these issues. We look forward to providing greater transparency and usability for investors and consumers, along with streamlined data submissions and compliance for our regulated institutions.”
“Thank you to Senator Warner for his ongoing work with me on these issues,” said Sen. Crapo. “Making financial data used by federal regulators more accessible and understandable to the American public is an important step in improving government transparency and accountability.”
The Financial Data Transparency Act will make information reported to financial regulators electronically searchable, reducing the private sector’s regulatory compliance burdens while enhancing transparency and accountability to the benefit of consumers and investors. Specifically, the legislation directs the Department of the Treasury, Securities and Exchange Commission, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, Bureau of the Consumer Financial Protection, Federal Reserve Board, National Credit Union Administration, and Federal Housing Finance Agency to implement data standards developed through a joint rulemaking.
Text of this legislation is available here. A fact sheet is available here.
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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) led a bipartisan group of colleagues in reintroducing the Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act, legislation that will encourage market-based competition to dominant social media platforms by requiring the largest companies to make user data portable – and their services interoperable – with other platforms, and to allow users to designate a trusted third-party service to manage their privacy and account settings, if they so choose. Sens. Richard Blumenthal (D-CT), Lindsey Graham (R-SC), Josh Hawley (R-MO), and Amy Klobuchar (D-MN) joined Sen. Warner in introducing the legislation.
“The tremendous dominance of a handful of large social media platforms has major downsides – including few options for consumers who face a marketplace with just a few major players and little in the way of real competition,” the senators said. “As we learned in the Microsoft antitrust case, interoperability and portability are powerful tools to restrain anti-competitive behaviors and promote innovative new companies. By making it easier for social media users to easily move their data or to continue to communicate with their friends after switching platforms, startups will be able to compete on equal terms with the biggest social media companies. Additionally, empowering trusted custodial companies to step in on behalf of users to better manage their accounts across different platforms will help balance the playing field between consumers and companies. In other words – by enabling portability, interoperability, and delegatability, this bill will create long-overdue requirements that will boost competition and give consumers the power to move their data from one service to another.”
Online communications platforms have become vital to the economic and social fabric of the nation, but network effects and consumer lock-in have entrenched a select number of companies’ dominance in the digital market and enhanced their control over consumer data.
The Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act would increase market competition, encourage innovation, and increase consumer choice by requiring large communications platforms (products or services with over 100 million monthly active users in the U.S.) to:
- Make their services interoperable with competing communications platforms.
- Permit users to easily port their personal data in a structured, commonly used and machine-readable format.
- Allow users to delegate trusted custodial services, which are required to act in a user’s best interests through a strong duty of care, with the task of managing their account settings, content, and online interactions.
“Markets work when consumers have a choice and know what's going on. The ACCESS Act is an important step toward reestablishing this dynamic in the market for tech services. We must get back to the conditions that make markets work: when consumers know what they give a firm and what they get in return; and if they don't like the deal, they can take their business elsewhere. By giving consumers the ability to delegate decisions to organizations working on their behalf, the ACCESS Act gives consumers some hope that they can understand what they are giving up and getting in the opaque world that the tech firms have created. By mandating portability, it also gives them a realistic option of switching to another provider,” Paul Romer, New York University Professor of Economics and Nobel Prize winner in Economics, said.
“Interoperability is a key tool for promoting competition on and against dominant digital platforms. For social networks in particular, interoperability is needed to make it easy for users to switch to a new social network. Until we have clear and effective interoperability requirements, it will be hard for users to leave a social network that fails to reflect their values, protect their privacy, or offer the best experience. Whatever our reasons for switching to a new social network, the ACCESS Act can make it easier by requiring the largest platforms to offer interoperability with competitors. We all stand to benefit from the greater competition that an interoperable world can create,” Charlotte Slaiman, Competition Policy Director at Public Knowledge, said.
"We now understand that the dominant tech platforms' exclusive control over the data we create as we interact with them is the source of extraordinary market power. That power distorts markets, reduces innovation and limits consumer choice. By requiring interoperability, the ACCESS Act empowers consumers, levels the playing field and opens the market to competition. Anyone who believes that markets work best when consumers are able to make informed choices should support this Act,” Brad Burnham, Partner and Co-Founder at Union Square Ventures, said.
“The reintroduction of the ACCESS Act in the Senate is a critically important step forward for empowering consumers with the freedom to control their own data and enable consumers to leave the various walled gardens of the today’s social media platforms. The ACCESS Act literally does what it says—it would give consumers the option to choose better services without having to balance the unfair choice of abandoning their personal network of family and friends in order to seek better products in the market. The Senate needs to move forward as soon as possible to vote on the ACCESS Act.” Eric Migicovsky, Founder and CEO of Beeper, said.
Sen. Warner first introduced the ACCESS Act in 2019 and has been raising concerns about the implications of the lack of competition in social for years.
Sen. Warner is one of Congress’ leading voices in demanding accountability and user protections from social media companies. In addition to the ACCESS Act, Sen. Warner has introduced and written numerous bills designed to improve transparency, privacy, and accountability on social media. These include the Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act – legislation that would allow social media companies to be held accountable for enabling cyber-stalking, targeted harassment, and discrimination across platforms; the Designing Accounting Safeguards to Help Broaden Oversight and Regulations on Data (DASHBOARD) Act, bipartisan legislation that would require data harvesting companies to tell consumers and financial regulators exactly what data they are collecting from consumers and how it is being leveraged by the platform for profit; and the Deceptive Experiences to Online Users Reduction (DETOUR) Act, bipartisan and bicameral legislation that would prohibit large online platforms from using deceptive user interfaces, known as “dark patterns,” to trick consumers into handing over their personal data and would prohibit these platforms from using features that result in compulsive usage by children.
Full text of the bill is available here. One-pager of the legislation is available here.
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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined Sens. Jeanne Shaheen (D-NH), Thom Tillis (R-NC), and 78 of their colleagues in a letter to President Biden urging him to expedite the Executive Branch’s process to advance Sweden and Finland’s applications for NATO membership and pledging to work with the Administration to ensure swift ratification of the Washington Treaty.
In the letter, the Senators noted that NATO’s expansion will send a clear message to Putin and authoritarian leaders across the globe that the free world stands ready to bolster the alliance and defend our values and sovereignty, including through NATO’s open door policy.
“As Russia’s unprovoked invasion of Ukraine has proven, NATO, along with our democratic partners around the world, is more united than ever in opposition to the illegal acts of war waged by President Putin. Expanding NATO to include Finland and Sweden will send a clear message to Vladimir Putin, and any leader that attempts to follow in his path, that the free world stands ready to defend its values and sovereignty. We will also continue to support NATO’s open-door policy, which affirms that new members are welcome to the alliance,” the Senators wrote.
The Senators also affirmed their support for Sweden and Finland’s applications as part of the Senate’s role to provide advice and consent for NATO enlargement. During this pivotal moment to our global security, they noted this expansion will further strengthen NATO’s military and diplomatic capabilities to address emerging threats, and that mutual security assurances should extend to these two countries under the alliance.
“Members of the U.S. Senate take seriously our role in advising and consenting to NATO enlargement, a process that must be approved by all NATO member states. We affirm our support for Sweden and Finland’s applications for membership. In addition, we pledge to work closely with you and with our Senate colleagues to ensure that their applications are swiftly considered and approved by the Senate,” the senators concluded. “The transatlantic alliance has never been more crucial to global security and stability. The addition of these two important allies to NATO will ensure the alliance’s resilience and readiness, and we look forward to welcoming Sweden and Finland to NATO.”
The full list of 82 Senators on the letter includes Senators Warner, Kaine, Shaheen, Tillis, Blumenthal (D-CT), Cardin (D-MD), Carper (D-DE), Coons (D-DE), Duckworth (D-IL), Durbin (D-IL), Hickenlooper (D-CO), King (I-ME), Rosen (D-NV), Wyden (D-OR), Tester (D-MT), Hassan (D-NH), Kelly (D-AZ), Manchin (D-WV), Portman (R-OH), Collins (R-ME), Murkowski (R-AK), Cramer (R-ND), Graham (R-SC), Sasse (R-NE), McConnell (R-KY), Barrasso (R-WY), Ernst (R-IA), Romney (R-UT), Rounds (R-SD), Thune (R-SD), Grassley (R-IA), Hagerty (R-TN), Toomey (R-PA), Hoeven (R-ND), Cornyn (R-TX), Scott (R-SC), Gillibrand (D-NY), Cortez Masto (D-NV), Sinema (D-AZ), Baldwin (D-WI), Feinstein (D-CA), Murphy (D-CT), Hirono (D-HI), Booker (D-NJ), Merkley (D-OR), Bennet (D-CO), Warnock (D-GA), Murray (D-WA), Leahy (D-VT), Brown (D-OH), Klobuchar (D-MN), Markey (D-MA), Lujan (D-NM), Cotton (R-AR), Burr (R-NC), Inhofe (R-OK), Schatz (D-HI), Schumer (D-NY), Van Hollen (D-MD), Fischer (R-NE), Reed (D-RI), Heinrich (D-NM), Peters (D-MI), Whitehouse (D-RI), Padilla (D-CA), Menendez (D-NJ), Ossoff (D-GA), Capito (R-WV), Young (R-IN), Wicker (R-MS), Risch (R-ID), Hyde-Smith (R-MS), Stabenow (D-MI), Blackburn (R-TN), Sullivan (R-AK), Smith (D-MN), Casey (D-PA), Blunt (R-MO), Marshall (R-KS), Daines (R-MT), Crapo (R-ID) and Warren (D-MA).
Full text of the letter is available here.
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