WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) and Sens. Ben Cardin and Chris Van Hollen (both D-MD) announced $120,145,016 in federal funding for the Washington Metropolitan Area Transit Authority (WMATA). This funding, awarded through the Department of Transportation (DOT), was authorized by the American Rescue Plan (ARP) supported by the Senators and signed by President Joe Biden.

“One year ago, we voted to pass a historic piece of legislation to help strengthen our nation amid a global health and economic crisis. As we work to overcome the most recent challenges presented by the Omicron spike, we’re proud to see the American Rescue Plan continue to deliver needed support to the Washington Metropolitan Area Transit Authority. This funding will help ensure that WMATA is able to meet the needs of its riders, including public servants, residents, and commuters in the DMV region,” said the Senators.

“We are thankful to our Congressional delegation as well as the Biden Administration for their support of WMATA’s grant application under the American Rescue Plan which provides Metro $120 million in operating funding and will support continued operations. These funds will be helpful in our continued preparation to keep the region moving as many reenter the workplace and resume leisure activities," said Metro General Manager and CEO Paul Weidefeld. 

ARP Additional Assistance Funding is awarded to transit systems demonstrating a need for additional assistance to cover operating expenses related to maintaining day-to-day operations, cleaning and sanitization, combating the spread of pathogens on transit systems and maintaining critical staffing levels. This funding is supplemental to the $1,406,707,926 in Federal Transit Authority (FTA) Urbanized Area Formula funds distributed through ARP.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine today sent a letter to President Biden recommending candidates for the vacancy on the U.S. District Court for the Eastern District of Virginia. In their letter, the Senators recommended Mr. Jamar Walker, who has served as an Assistant U.S. Attorney for the Eastern District of Virginia since 2015, and Judge Kevin Duffan, who has been a Circuit Court Judge on the 2nd Judicial Circuit in Virginia Beach, Virginia since April 2020.

“We are pleased to recommend Mr. Jamar Walker and Judge Kevin Duffan for the vacancy on the U.S. District Court for the Eastern District of Virginia following the decision by Judge Raymond A. Jackson to take senior status effective November 23, 2021,” wrote the Senators. “Both would serve with great distinction and have our highest recommendation.”

Warner and Kaine recommend these individuals based on their distinguished records and the assessments of an independent panel of attorneys from across the Commonwealth. The President will now nominate one individual for the vacancy to be considered by the Senate Judiciary Committee. The nominations are subject to confirmation by the full Senate.

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

Dear Mr. President:

We are pleased to recommend Mr. Jamar Walker and Judge Kevin Duffan for the vacancy on the U.S. District Court for the Eastern District of Virginia following the decision by Judge Raymond A. Jackson to take senior status effective November 23, 2021. Both would serve with great distinction and have our highest recommendation.

Mr. Walker has served as an Assistant U.S. Attorney for the Eastern District of Virginia since 2015 where he prosecutes financial and public corruption crimes. He began his legal career as a law clerk for Judge Jackson in the U.S. District Court for the Eastern District of Virginia. While an Assistant U.S. Attorney, Mr. Walker co-founded an office-wide Committee on Race, Policing, and Prosecution. He is a current member of the Old Dominion Bar Association, the National LGBT Bar Association, the Department of Justice (DOJ) Association of Black Attorneys, and DOJ Pride. He was born and raised on the Eastern Shore of Virginia and considers Tidewater his home. Together, these experiences qualify Mr. Walker for this nomination and we are honored to recommend him.

Judge Duffan has been a Circuit Court Judge on the 2nd Judicial Circuit in Virginia Beach, Virginia, since April 2020. Prior to joining the Circuit Court, Judge Duffan served as a judge in the Virginia Beach Juvenile & Domestic Relations Court. Judge Duffan is engaged in the community and with young lawyers as a mentor. He has served on the Virginia Beach African American Cultural Center Board as Vice President, The Governor's School for the Arts Foundation Board, and was President-elect of the Virginia Beach Bar Association before ascending to the bench. These experiences give us confidence that Judge Duffan would make an excellent nominee for this seat.

Ultimately, we believe either of these individuals would win confirmation from the Senate and serve capably on the bench. We are honored to recommend them to you.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement on President Biden’s State of the Union address:

“Tonight, President Joe Biden spoke not just to Congress or to the American people, but to the world. I was pleased to hear the message of strength that for weeks has helped to rally our NATO allies around Democracy and in support of the Ukrainian people. I was also encouraged to hear the President outline a plan to further cement our post-COVID economic recovery and address the complex financial challenges facing Americans.

“I look forward to continuing to work in Congress alongside the Biden administration to strengthen our supply chains, foster U.S. innovation, and lower costs for hardworking Virginia families – from health care and prescription drugs, to childcare and housing.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, today sent letters to Alphabet, Meta, Reddit, Telegram, TikTok, and Twitter urging the companies to prevent misuse of their platforms by Russia and Russia-linked entities.

“In addition to Russia’s established use of influence operations as a tool of strategic influence, information warfare constitutes an integral part of Russian military doctrine. As this conflict continues, we can expect to see an escalation in Russia’s use of both overt and covert means to sow confusion about the conflict and promote disinformation narratives that weaken the global response to these illegal acts. While social media can provide valuable information to civilians in conflict zones, and educate audiences far removed from those conflict zones, as well as a platform for some relatively independent media outlets – including in Russia – it can also serve as a vector for harmful misinformation and disinformation campaigns, and a wide range of scams and frauds that opportunistically exploit confusion, desperation, and grief,” the senator wrote.

Copies of the letter sent to Meta, Reddit, Telegram, TikTok, and Twitter are available for download.

In his letter to YouTube parent company Alphabet, Sen. Warner noted that just yesterday his staff observed YouTube ads monetizing content regarding the conflict in Ukraine from RT, Sputnik and TASS, malign actors affiliated with the Russian government.

“Unfortunately, your platforms continue to be key vectors for malign actors – including, notably, those affiliated with the Russian government – to not only spread disinformation, but to profit from it. YouTube, for instance, continues to monetize the content of prominent influence actors that have been publicly connected to Russian influence campaigns,” the senator wrote.

Sen. Warner urged the companies to – at a minimum – take the following steps:

• Establish mechanisms by which Ukrainian public safety entities can disseminate emergency communications to your users in Ukraine;
• Furnish additional account monitoring and security resources to Ukrainian government, humanitarian, and public safety institutions to prevent account takeovers;
• Surge integrity teams, including those with language expertise in Ukrainian, Russian, Polish, Romanian, and German, to monitor your platform for malign influence activity related to the conflict;
• Devote additional resources towards the identification of inauthentic accounts, and the removal or labeling of inauthentic content, associated with Russian influence operations; and
• Establish dedicated reporting channels for qualified academic, public interest, and open source intelligence researchers to share credible information about inauthentic activity, disinformation, and other malign efforts utilizing your platforms.

Sen. Warner has released multiple statements harshly condemning Russia’s attack on Ukraine, which can be found here and here.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, issued the following statement today after Russian President Vladimir Putin decided to formally recognize the independence of Moscow-backed breakaway regions in eastern Ukraine and ordered troops into those areas:

“I just returned to Washington after several days of meetings with our partners and allies in Munich and in London. My takeaway from those meetings is this: the West has never been as resolute or as unified in standing up to Putin’s brazen, reckless and illegal course of action. The United States and our partners stand with the cause of democracy and with the people of Ukraine at this perilous moment.

“Along with my colleagues in Congress, I support President Biden’s measures to impose significant costs on Russia and its autocratic government in response to its unjustified and unacceptable aggression. Those announced today by the President, taken in coordination with our allies, are a good first step, and we must be prepared to impose additional costs on Putin if he carries through on his threats to further invade Ukraine.

“I will also support measures to bolster the readiness and deterrence of the NATO alliance. While we do not want escalation between nuclear powers, there must be no mistake regarding NATO’s readiness to protect its members and deter Russia’s aggression. Putin’s misguided and dangerous actions will only act to further unify this decades-strong alliance of nations.”

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (D-VA) applaud the designation of $1,000,000 in funding from the Appalachian Regional Commission (ARC) to two projects in Southwest Virginia.

“We applaud this funding from the Appalachian Regional Commission for important projects in Russell and Wise counties. These funds will create jobs, improve public health, and boost local economies,” the Senators said.  

The funds will be broken down as follows:

• $500,000 for the Russell Theater Restoration Project in the Town of Lebanon to renovate and reopen the 5,590-square-foot Russell Theater. The restored and renovated Russell Theater will attract visitors and residents from across the region to downtown Lebanon and surrounding businesses for live performances, concerts, and other events.
• $500,000 for the Hamiltontown Sewer Project in the Town of Wise to install 5,540 linear feet of sewer line to the Hamiltontown community located along State Route 758. Currently Hamiltontown community households are served by onsite septic systems, and existing systems are subject to poor performance due to age, lack of maintenance, and soil conditions. This project will update the sewer system and improve public health and the water quality of the Guest River.

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WASHINGTON – Today, as the Beijing Winter Olympic Games near their conclusion, U.S. Sens. Mark R. Warner and Tim Kaine, Chairman of the Senate Foreign Relations Subcommittee focused on democracy and human rights, sent a letter urging the Biden Administration to press the Chinese government to halt the harassment of their constituents — Ziba Murat from Reston, Adalet Sabit from Alexandria, and Subi Yuksel from Manassas — and seek the release of their Uyghur family members who have been forcibly and wrongfully detained in China’s Xinjiang region. For years, the Chinese Communist Party (CCP) has forcibly detained more than 1 million ethnic Uyghurs and other minorities in internment camps in Xinjiang, a devastating assault on individual freedoms and basic human rights.

“We write to urge you to seek the immediate release of the Uyghur family members of our constituents, including Ziba Murat, Adalet Sabit, and Subi Yuksel, whose family members are detained forcibly or otherwise targeted by the CCP in China’s Xinjiang Uyghur Autonomous Region (Xinjiang), and who may be targets of harassment themselves,” wrote the Senators. “We also ask that the Department of State raise each of these cases at the highest levels of the Chinese government.

“Virginia is home to one of the largest Uyghur American diasporas in the United States, and we will continue to advocate on behalf of these named cases, as well as those of other constituents. These are citizens and residents who are our neighbors and friends,” concluded the Senators. “While China attempts to whitewash its horrific crimes against Uyghur Muslims, including presently during the Olympics in Beijing, we must ensure that the world does not forget that one of worst atrocities of our era remains ongoing.”

Last year, Kaine held a joint hearing, where Dr. Rushan Abbas of Herndon was a witness, to highlight China’s atrocities against the Uyghur Muslims in the Xinjiang province and discuss additional ways to pressure China to end this horrific genocide.

In June 2021, Kaine’s bipartisan amendment, co-sponsored by Senator Romney, to diplomatically boycott the Beijing Olympics as a way to highlight human rights issues in Hong Kong and with China’s Uyghur population passed as part of the bipartisan Endless Frontiers Act. Following Kaine and Romney’s urging, the Biden Administration announced a diplomatic boycott in November.

In March 2021, Kaine helped introduce a bipartisan Senate resolution condemning China’s human right abuses against the Uyghurs and other ethnic minorities in Xinjiang and calling for an international investigation into the abuses and crimes committed there. In January 2021, Warner and Kaine co-sponsored the bipartisan Uyghur Forced Labor Prevention Act, legislation to ensure that goods made with Uyghur forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) do not enter the United States. A version of this legislation was ultimately passed through the Senate on a unanimous basis, and signed into law by the President in December 2021.

In December 2019, as a response to the Chinese Community Party (CCP)’s mass internments, Warner introduced the UIGHUR Protection Act, which would place export controls on critical technologies to China, such as facial recognition software, that can be used to facilitate mass surveillance and detention.

The full text of the letter can be found here and below:

Dear Secretary Blinken:

We write to urge you to seek the immediate release of the Uyghur family members of our constituents, including Ziba Murat, Adalet Sabit, and Subi Yuksel, whose family members are detained forcibly or otherwise targeted by the CCP in China’s Xinjiang Uyghur Autonomous Region (Xinjiang), and who may be targets of harassment themselves. We also ask that the Department of State raise each of these cases at the highest levels of the Chinese government.

For years, the Chinese Communist Party (CCP) has forcibly detained more than 1 million ethnic Uyghurs and minorities in internment camps in Xinjiang – a devastating assault on individual freedoms and basic human rights. The U.S. government and countless human rights organizations have documented the tools of oppression the Chinese government has deployed against Uyghur Muslims, including: abduction from third countries and forced disappearances within China, mass detentions, secret trials, forced labor, forced sterilization, separating families, banning the use of Uyghur language in schools, banning many religious practices, and political indoctrination.

The United States has rightly labeled the Chinese government’s attempts to essentially erase the Uyghur identity as genocide and has sanctioned various Chinese officials who have perpetrated these crimes. Even so, the CCP’s desire to punish those who speak against the crimes being committed in Xinjiang goes beyond the country’s borders. As a 2021 Freedom House report notes, “China conducts the most sophisticated, global, and comprehensive campaign of transnational repression in the world.” For our constituents here in Virginia, the CCP’s campaign of repression against Uyghur Muslims is personal and has often come as direct retaliation for their advocacy in support of the Uyghur community.

In September 2018, Ziba Murat’s mother, Dr. Gulshan Abbas, a medical doctor who had spent her career caring for patients in Xinjiang, was detained, secretly tried, and then sentenced to 20 years in prison on phony charges. Dr. Abbas’ detention occurred after Ms. Murat’s aunt, Rushan Abbas – a former Radio Free Asia journalist – publicly denounced China’s use of detention camps in Xinjiang. For more than three years after Dr. Abbas’ imprisonment, the Chinese government refused to answer any questions about her whereabouts. To this day, the CCP refuses to disclose details about her physical well-being. Dr. Abbas is unjustly suffering the consequences of her family’s public advocacy against the Chinese government’s brutal treatment of Uyghurs and other minorities in Xinjiang.                         

On April 29, 2017, Ms. Subi Yuksel’s father, Mamat Abdullah, was arbitrarily detained on the day of his expected departure to the U.S. to visit his newborn grandchild. Mr. Abdullah, who is nearly 80 years old and was the Chief of the Xinjiang Forestry Department, had retired in 2008. During his trial in 2019, Mr. Abdullah was convicted – without evidence – of “bribery, two-facedness, and separatism,” and was sentenced to life imprisonment. Ms. Yuksel notes that Chinese officials told her family that they are at fault for Mr. Abdullah’s detention because they live in the U.S. near “politically active communities.” Ms. Yuksel contends that in reality, in the eyes of the Chinese government, prominent and well-educated Uyghurs like her father are considered a threat to the regime.

The Chinese government has also targeted Ms. Adalet Sabit’s husband, Abulimiti Abuliz, who is a Uyghur living in Xinjiang. Although Mr. Abuliz is not in an internment camp, the CCP has effectively banned him from travel. Following their marriage in 2017, Ms. Sabit left for the United States, and Mr. Abuliz expected to follow soon after. However, Chinese authorities seized his passport before his departure and never returned it, essentially barring him from leaving China for the last four years. CCP officials have also threatened Mr. Abduliz and told him that he would never see his wife again and never meet his now four-year-old daughter. The Chinese government has even threatened Ms. Sabit’s family here in the U.S., signaling the CCP’s desire to once again reach beyond China’s borders to silence dissent.

The heartbreak these detentions and harassment have caused is immeasurable. We applaud the State Department’s efforts to raise the plight of Uyghurs both publicly and with Chinese government officials directly. Similarly, we recognize that the agency continues to engage with our constituents on their respective cases. Still, it is vital that the U.S. maintain strong pressure on China to ensure that our constituents’ family members are free and that their basic human rights are respected.

Virginia is home to one of the largest Uyghur American diasporas in the United States, and we will continue to advocate on behalf of these named cases, as well as those of other constituents. These are citizens and residents who are our neighbors and friends. While China attempts to whitewash its horrific crimes against Uyghur Muslims, including presently during the Olympics in Beijing, we must ensure that the world does not forget that one of worst atrocities of our era remains ongoing.

Thank you for your prompt attention to this matter.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine, both members of the Senate Budget Committee, released the following statement after Senate passage of legislation to fund the government through March 11 and called for a full year spending package to allow Virginia and the nation to access needed funds, including those from the bipartisan infrastructure law they helped pass:

“We’re relieved we averted a government shutdown, but we need the certainty that a full year government funding bill would provide. Virginia communities are at risk of being unable to fund critical operations. We owe it to them to do our jobs and fund the government for the full year, instead of simply kicking the can down the road.”

The following is a list of ways in which Virginia will be negatively impacted by passing a short term funding bill instead of a full year funding package. A short term deal would maintain funding at levels from the FY21 funding package — the last full year government funding package passed:

• Maintaining funding at FY21 levels will halt any new programs, construction, and grant awards and any innovation that would come with them.
• New programs funded in the new Bipartisan Infrastructure Law will not receive funding, and Virginia alone could lose approximately $364 million in roads and bridges funding and $53 million in transit funding.
• The City of Virginia Beach is currently awaiting funding from the Army Corps of Engineers to begin work on Comprehensive Regional Coastal Storm Risk Management Study to analyze the flood risk from sea level rise and coastal storms accelerated by climate change. Funding for projects like this one would be designated in the Army Corps’ annual Work Plan, which is contingent on annual appropriations.  While it’s not guaranteed that this study would be included in an annual Work Plan, without a full year government funding package, the study certainly won’t be able to move forward and begin directing regions like Hampton Roads to mitigate the effects of sea-level rise, endangering local businesses and military assets.
• Without a full year funding bill, our defense community will not have access to the additional $37 billion in defense funding expected under a FY22 spending bill. All new military construction projects will be halted, permanent change-of-station moves for service members and families will be delayed or suspended, and ship maintenance at our public and private yards could be deferred, risking our ability to respond to a crisis. Businesses and contractors working with our defense community, many based in Virginia, won’t have access to resources they need from the federal government.  
• The CDC won’t receive the $1.85 billion increase in funding expected under a FY22 budget that it needs to bolster our public health infrastructure and better respond to the ongoing COVID-19 pandemic.
• The Department of Defense will not be able to redirect the $3 billion in funding for the war in Afghanistan that has since ended. If a new full year package is passed, this funding can be redirected to other critical DOD priorities.  
• Nonprofit organizations and state and local governments will not have access to congressionally-directed spending dollars, also known as earmarks, for vital programs throughout the Commonwealth.
• For example, Richmond will not receive $5 million for the Mayo Bridge rehabilitation; Portsmouth will not receive $199,000 to address community violence; and Longwood University will not receive $250,000 to maintain the Robert R. Moton Museum, a National Historic Landmark. Senators Warner and Kaine are pushing for the inclusion of those priorities under a full year package.
• Without the proposed 12 percent increase in National Science Foundation funding under a full year funding package, it will be harder for Virginia universities to attract and retain researchers, slowing advancement in STEM fields of study.

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WASHINGTON– Senate Majority Leader Chuck Schumer, Senate Republican Leader Mitch McConnell, Senate Majority Whip Dick Durbin, Senate Republican Whip John Thune, Senate Armed Services Committee Chairman and Ranking Member Jack Reed and Jim Inhofe, Senate Banking Committee Chairman and Ranking Member Sherrod Brown and Pat Toomey, Senate Foreign Relations Committee Chairman and Ranking Member Robert Menendez and Jim Risch, and Senate Intelligence Committee Chairman and Vice Chairman Mark Warner and Marco Rubio today released the following joint statement that the U.S. Senate stands in solidarity with the people of Ukraine:

“In this dark hour, we are sending a bipartisan message of solidarity and resolve to the people of Ukraine, and an equally clear warning to Vladimir Putin and the Kremlin.

“Should Vladimir Putin further escalate his ongoing assault on Ukraine’s sovereignty, Russia must be made to pay a severe price. We are prepared to fully support the immediate imposition of strong, robust, and effective sanctions on Russia, as well as tough restrictions and controls on exports to Russia, and we will urge our allies and partners in Europe and around the world to join us.

“In the face of Russian escalation against Ukraine, we will continue to support robust security, economic, and humanitarian assistance for the people of Ukraine. The United States and our partners should also move quickly to ensure that the Government of Ukraine receives sustained emergency assistance to defend against an illegal Russian invasion.

“Make no mistake: the United States Senate stands with the people of Ukraine and our NATO allies and partners most threatened by Russian aggression. Our troops stand ready to reinforce the defenses of our Eastern European allies and we are prepared to respond decisively to Russian efforts to undermine the security of the United States at home and abroad.  We also call upon our allies to join us in bolstering NATO’s eastern flank.

“The international order established in the aftermath of World War II has not faced such a grave threat since the Cold War. This order, which protects the sovereignty and territorial integrity of nations, has enabled an unprecedented era of peace and prosperity for the United States and its allies. Unfortunately, Russia is threatening this system, and the United States is prepared to meet this challenge with bipartisan and unified resolve.”

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WASHINGTON – U.S. Sens. Mark R. Warner and U.S. Sen. Tim Kaine, a member of the Senate Health, Education, Labor, and Pensions Committee, joined Sens. Tammy Baldwin, Chris Murphy, and Jeanne Shaheen, as well as 35 of their Senate colleagues, in a letter urging Department of Health and Human Services (HHS) Secretary Xavier Becerra to limit the sale and availability of short-term, limited-duration insurance (STLDI) plans, also known as “junk plans.” These plans fail to provide adequate, comprehensive health insurance coverage and weaken provisions of the Affordable Care Act (ACA), including protections for people with pre-existing conditions.

“It is our responsibility to ensure that all Americans have access to affordable and comprehensive health care coverage. In order to strengthen that commitment, HHS must act quickly to limit the proliferation and promotion of STLDI plans, and undue the sabotage caused by the previous administration,” said the Senators.

In 2018, the Trump Administration made junk plans more widely available to consumers in an effort to sabotage the ACA. Since then, the plans have continued to proliferate. However, they are not required to adhere to important standards, including prohibitions on discrimination against people with pre-existing conditions, coverage for the 10 essential health benefit (EHB) categories, and annual out-of-pocket maximums.

The letter was also signed by Sens. Sherrod Brown (D-OH), Bob Casey (D-PA), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Maggie Hassan (D-NH), Bob Menendez (D-NJ), Alex Padilla (D-CA), Tina Smith (D-MN), Chris Van Hollen (D-MD), Cory Booker (D-NJ), Angus King (I-ME), Ben Ray Lujan (D-NM), Elizabeth Warren (D-MA), Dianne Feinstein (D-CA), Jack Reed (D-RI), Patrick Leahy (D-VT), Debbie Stabenow (D-MI), Tom Carper (D-DE), Gary Peters (D-MI), Jacky Rosen (D-NV), Jon Tester (D-MT), Raphael Warnock (D-GA), Sheldon Whitehouse (D-RI), Mazie Hirono (D-HI), Ed Markey (D-MA), Ben Cardin (D-MD), Dick Durbin (D-IL), Jeff Merkley (D-OR), Jon Ossoff (D-GA), Chris Coons (D-DE), Charles Schumer (D-NY), John Hickenlooper (D-CO), and Bernie Sanders (I-VT).

Sens. Warner and Kaine have long fought to protect the ACA and expand access to quality health care. In 2020, they sent a letter led by Kaine calling on the Trump Administration to end efforts to sabotage the ACA. In 2019, they introduced a Congressional Review Act resolution  led by Warner, which would have prevented the Trump Administration from pushing junk health plans to 3 million Virginians with pre-existing conditions. Later that year, Sen. Warner successfully filed a discharge petition to force the Senate to vote on the CRA, which was ultimately defeated by Senate Republicans.  

The full text of the letter is available here and below:

Dear Secretary Becerra:

This year, 14.5 million Americans signed up for comprehensive health insurance coverage during Open Enrollment, a new record. Thanks to the American Rescue Plan, four out of five consumers who receive health insurance from the marketplace are finding quality coverage for less than $10 per month, and a majority of those enrollees are also receiving subsidies to decrease their co-pays, deductibles, and other out-of-pocket spending. We write to congratulate you and your entire department for this significant achievement and encourage you to take additional steps to ensure that even more Americans are protected from substandard plans that do not provide coverage for pre-existing conditions. Now is the time to issue new regulations limiting the sale and availability of short-term, limited-duration insurance (STLDI) plans, also known as “junk plans” because of their failure to provide adequate coverage.

Despite the important gains that we have made in providing comprehensive and affordable coverage for more Americans, STLDI plans continue to sow confusion and cause harm to patients. These plans, which are not required to adhere to important standards, including prohibitions on discrimination against people with pre-existing conditions, coverage for the 10 essential health benefit (EHB) categories, and annual out-of-pocket maximums, have continued to proliferate. In 2018, the Trump administration issued a rule to sabotage the Affordable Care Act (ACA) by promoting STLDI plans and that same year all Senate Democrats and one Republican Senator voted to block the rule. Unfortunately, this effort to undermine critical patient and consumer protections has yet to be undone.

We were pleased to see the Biden administration include amending regulations concerning STLDI plans in the Fall 2021 Unified Agenda and Regulatory Plan, and are proud of the historic coverage gains that we have seen as a result of President Biden’s and your leadership. However, it is past time for us to take action. STLDI plans undermine the integrity of the ACA and put those with pre-existing conditions at risk. The Department of Health and Human Services (HHS) should immediately restore the three-month duration limit for plans, limit plan renewability, and reduce the ability to purchase back-to-back STLDI plans. We also urge you to consider additional efforts to protect patients and consumers such as banning sales during Marketplace Open Enrollment, limiting internet and phone sales, establishing a prohibition on retroactive coverage rescissions, and requiring additional consumer disclosures about plan coverage.

It is our responsibility to ensure that all Americans have access to affordable and comprehensive health care coverage. In order to strengthen that commitment, HHS must act quickly to limit the proliferation and promotion of STLDI plans, and undue the sabotage caused by the previous administration.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined U.S. Sens. Mike Rounds (R-SD) and Angus King (I-ME) in urging the Department of Homeland Security (DHS) to work with the Department of Labor (DOL) to quickly make available an additional 44,716 H-2B visas, the maximum number of Congressionally-authorized visas in order to ensure that seafood processors and other businesses in Virginia have the workforce they need ahead of the seasonal start date on April 1.

“American businesses from industries such as tourism and hospitality, landscaping, fairs and carnivals, seafood processing, golf courses, reforestation, contractors and horse racing depend on seasonal employment to meet the demand across many industries,” the senators wrote. “Without meaningful H-2B cap relief, many seasonal businesses will be forced to scale back operations, cancel or default on contracts, lay off full-time U.S. workers and, in some cases, close operations completely. By taking action to release and process additional H-2B visas, seasonal businesses and U.S. workers across the country will avoid these harmful consequences and instead help contribute to the American economy.”

“Given the growing demand for H-2B workers as our economy continues to reopen and employers continue to struggle with staffing shortages, we urge DHS to promptly make available all 64,716 additional H-2B visas authorized under law and urge DOL to allow employers to utilize emergency procedures for their applications to expedite processing times,” they continued. “These vital American businesses depend on access to a sufficient number of seasonal H-2B workers on April 1.”

The H-2B Temporary Non-Agricultural Visa Program allows U.S. employers to hire seasonal, non-immigrant workers during peak seasons to supplement the existing American workforce. In order to be eligible for the program, employers are required to declare that there are not enough U.S. workers available to do the temporary work, as is the case with the seafood industry, which relies on H-2B workers for tough jobs such as shucking oysters and processing crabs. 

Along with Sens. Warner, Kaine, Rounds, and King the letter was signed by Sens. Lindsey Graham (R-SC), Chris Coons (D-DE), Jim Risch (R-ID), Michael Bennet (D-CO), Lisa Murkowski (R-AK), Bob Menendez (D-NJ), Rob Portman (R-OH), Jeanne Shaheen (D-NH), Roy Blunt (R-MO), Rev. Raphael Warnock (D-GA), Cynthia Lummis (R-WY), Tom Carper (D-DE), John Cornyn (R-TX), Joe Manchin (D-WV), Mike Crapo (R-ID), John Thune (R-SD), John Hickenlooper (D-CO), Susan Collins (R-ME), Pat Toomey (R-PA), Tina Smith (D-MN), Kevin Cramer (R-ND), Amy Klobuchar (D-MN), Roger Wicker (R-MS), Kyrsten Sinema (D-AZ), Jerry Moran (R-KS), Ron Wyden (D-OR), Rand Paul (R-KY), Mark Kelly (D-AZ), John Barasso (R-WY), Dianne Feinstein (D-CA), and Tim Scott (R-SC).    

Sens. Warner and Kaine have long advocated for the seafood processing industry – a community largely made up of rural, family-owned operations. Last year, the Senators urged the U.S. Department of Homeland Security (DHS) to release additional H-2B visas needed to support local seafood businesses in Virginia and Maryland. In December 2021, Sen. Warner applauded the release of an additional 20,000 H-2B visas for seasonal workers.

Sens. Warner and Kaine are committed to providing long-term relief for seasonal seafood processors through reform of the H-2B program. The release of these additional visas is an important step in ensuring that seafood processors in Virginia are able to meet their staffing needs in the upcoming season.

A copy of the letter is available here and below.

Dear Secretary Mayorkas and Secretary Walsh:

We write on behalf of seasonal businesses in our states to urge you to provide expeditious H-2B cap relief to address the seasonal labor shortages caused by the inadequate H-2B visa cap. Specifically, we urge that the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), utilize the authority provided by Congress to release the maximum allowable number of additional H-2B visas for Fiscal Year 2022 (FY22).  We further request that your agencies take steps to process pending H-2B applications in advance of the start of the April 1 hiring period for the second half of FY22, including by instituting emergency procedures previously used by DOL to address labor certification processing delays. 

American businesses from industries such as tourism and hospitality, landscaping, fairs and carnivals, seafood processing, golf courses, reforestation, contractors and horse racing depend on seasonal employment to meet the demand across many industries. Without meaningful H-2B cap relief, many seasonal businesses will be forced to scale back operations, cancel or default on contracts, lay off full-time U.S. workers and, in some cases, close operations completely. By taking action to release and process additional H-2B visas, seasonal businesses and U.S. workers across the country will avoid these harmful consequences and instead help contribute to the American economy.

As Congress has allowed in each of the past five fiscal years, the current FY22 Continuing Resolution continues to provide the Department of Homeland Security the authority to lift the existing annual 66,000 H-2B visa cap.  In the past year, DHS has provided supplemental cap relief in the amounts of 22,000 in May 2021 and 20,000 in January 2022. While these supplemental visas helped some employers, they were not sufficient to satisfy the total need for H-2B workers. Additionally, the release of these visas did not occur until well into many businesses’ peak seasons, which caused significant harm to these employers.

We urge you to release all allowable additional visas as soon as possible to make certain workers can begin working on April 1, 2022, the start date for the second half of FY22. According to your Departments’ January 28, 2022 temporary final rule titled “Exercise of Time-Limited Authority to Increase the Fiscal Year 2022 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers,” DHS is authorized to release a total of 64,716 additional visas this fiscal year.

As you know, the first half H-2B visa cap for FY22 was reached on September 30, 2021, almost two months earlier than previous years. The urgency and high level of need for nonagricultural worker visas prompted your agencies to announce, for the first time ever, the release of an additional 20,000 H-2B visas in the first half of the fiscal year. This leaves tens of thousands of additionally authorized visas available for the remainder of FY22. 

As a result, we encourage you to release and process the authorized 44,716 additional visas in a manner that will make certain all H-2B workers can begin work on the April 1, 2022 start date for the second half of FY22. These additional visas are imperative, as evidenced by the Office of Foreign Labor Certification announcement that between January 1-3, 2022, the Foreign Labor Application Gateway System for the peak filing season received 7,875 applications from employers for more than 136,555 worker positions with an April 1, 2022 or later work start date. This is more than quadruple the number of H-2B visas currently available for the second half of the fiscal year.

In a December 20, 2021 press release, DHS outlined the agency’s intention to “implement policies that will make the H-2B program even more responsive to the needs of our economy.” It is clear from the number of applications received during the filing period for the second half of FY22 that the release of the remaining H-2B worker visas would be responsive to the needs of our economy.

We are also concerned that the unprecedented demand for the program has led to delays in processing labor certifications at DOL that, without emergency procedures, will prevent employers from completing the H-2B application process before the April 1, 2022 start date for the second half of FY22. In the second half of FY21, employers assigned to the final review group did not receive a first action from DOL until late February and a labor certification until March. This year, DOL is already running a week behind compared to last year, with a larger group of total applications to process. At this rate, it appears DOL may not finish processing labor certifications for the final review group until late March, making it impossible for employers to complete the full H-2B process before April 1. In 2016, due to similar processing delays, DOL instituted emergency procedures to allow employers to begin U.S. worker recruitment prior to receiving their first actions from DOL. We request that DOL again institute these emergency procedures, which will allow employers to submit their recruitment reports immediately upon receiving a Notice of Acceptance from DOL, saving two weeks.

Given the growing demand for H-2B workers as our economy continues to reopen and employers continue to struggle with staffing shortages, we urge DHS to promptly make available all 64,716 additional H-2B visas authorized under law and urge DOL to allow employers to utilize emergency procedures for their applications to expedite processing times. These vital American businesses depend on access to a sufficient number of seasonal H-2B workers on April 1. We thank you in advance for your attention to this pressing matter.

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) is calling on Congress to pass an omnibus spending bill for FY 2022 ahead of February 18, when existing funding is scheduled to expire. This comes as Congress weighs yet another stopgap bill to temporarily fund the government until March 11^th – a move that would avert a government shutdown but prevent Virginia and states across the country from accessing hundreds of millions of dollars in crucial funding available under the bipartisan infrastructure law passed by Congress in November.

In a letter to the Acting Director of the Office of Management and Budget (OMB), Sen. Warner highlighted that many programs authorized by the Infrastructure Investment and Jobs Act that he helped to negotiate will not be fully funded until Congress approves a new spending package for 2022. The federal government is currently operating under a continuing resolution which simply funds existing programs at the same levels as last year without adjusting or authorizing new spending – a kick-the-can-down-the-road maneuver that disproportionately hurts states like Virginia, which has a significant federal footprint.

“If Congress is unable to come to an agreement on full-year appropriations for Fiscal Year 2022, Virginia alone could lose approximately $364 million in roads and bridges funding and $53 million in transit funding. This is unacceptable, and I have repeatedly urged my colleagues to come together and pass an omnibus FY 2022 appropriations bill rather than squander these funding opportunities with another CR,” Sen. Warner wrote.

Additionally, without a new congressional spending deal, there is no funding to stand up new transportation grant programs approved by Congress as part of the infrastructure law.

“To better understand the full impact of another CR on these critical projects, I respectfully request that the Office of Management and Budget outline in detail, by Monday, February 14, all IIJA programs that are at risk of losing funding relative to funding levels authorized in IIJA, or having funding delayed under the CR framework,” he continued.

Sen. Warner has previously spoken out about the importance of avoiding painful government shutdowns and spending lapses. He introduced the Stop STUPIDITY (Shutdowns Transferring Unnecessary Pain and Inflicting Damage In The Coming Years) Act, which would end the threat of future government shutdowns by keeping the government running in the case of a lapse in funding.

A copy of the letter is available here and below.

Dear Acting Director Young,

I write today with concerns over the potential loss of important new infrastructure funding due to Congress’ continued inaction in passing an FY22 omnibus appropriations bill.

Last year, the Senate passed and President Biden signed a historic bipartisan infrastructure package that will help deliver on the decades-old promise of serious investment in our nation’s infrastructure. The Infrastructure Investment and Jobs Act (IIJA) includes $110 billion in new funding for roads and bridges, nearly $40 billion in new funding for public transit, and billions more for essential  infrastructure improvements. I was proud to be part of a bipartisan group of ten Senators – five Democrats and five Republicans – who helped put this package together with the support of the Administration.

However, I am concerned that Congress’ continued inaction on Fiscal Year 2022 appropriations could undercut many of the investments provided under the new law. Significant increases to Highway Trust Fund programs to construct roads, bridges, and transit cannot take effect under a Continuing Resolution (CR). Due to a constraint of the CR, the obligation limit on contract authority for Highway Trust Fund programs that are the largest areas of highway and transit investment distributed annually, which were authorized in the IIJA for significant funding increases, are stuck at lower Fiscal Year 2021 levels. Additionally, due to the “No New Starts” provision of the CR, newly created programs in the IIJA cannot begin.

In particular, the newly established Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) Grant Program, which received $7.3 billion in formula funding and $1.4 billion in competitive grants to improve the resiliency of transportation infrastructure in the IIJA, cannot begin to distribute funding without a full-year appropriations bill. Just this fiscal year, that means the potential squandering of $1.4 billion nationwide, and approximately $36 million in Virginia. This would prevent coastal communities, like those in Hampton Roads, from accessing critical funds that would support the resiliency of their transportation networks.

Similarly, the Carbon Reduction Program, another program approved on a broadly bipartisan basis to lower carbon emissions in our transportation system, stands to lose $1.2 billion nationwide this fiscal year, including $31 million in Virginia. This program will go a long way in Virginia towards helping us meet our climate goals, whether it is supporting the electrification of the Port of Virginia, truck stop electrification along the I-81 corridor, or installing bicycle and pedestrian facilities in cities and towns across the Commonwealth.

If Congress is unable to come to an agreement on full-year appropriations for Fiscal Year 2022, Virginia alone could lose approximately $364 million in roads and bridges funding and $53 million in transit funding. This is unacceptable, and I have repeatedly urged my colleagues to come together and pass an omnibus FY 2022 appropriations bill rather than squander these funding opportunities with another CR. Unfortunately, I am concerned this may just be the tip of the iceberg.

To better understand the full impact of another CR on these critical projects, I respectfully request that the Office of Management and Budget outline in detail, by Monday, February 14, all IIJA programs that are at risk of losing funding relative to funding levels authorized in IIJA, or having funding delayed under the CR framework.

I thank you and your staff for your tireless efforts in implementing the IIJA and your work in allocating and distributing these funds to communities across the country.  Please do not hesitate to reach out if you have any questions, and I look forward to continue working with you to support these critical projects for Virginia and the country.

Sincerely,

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