WASHINGTON -- Today, U.S. Senator Mark R. Warner (D-VA) joined Senators Kirsten Gillibrand (D-NY), Mike Rounds (R-SD), and a bipartisan group of 37 senators in calling for $500 million to fully fund U.S.-Israel cooperative missile defense programs in the Defense Appropriations bill for fiscal year 2022. Israel’s missile defense system is made up of four operational layers: Iron Dome, David’s Sling, Arrow 2 and now Arrow 3. In addition to contributing to ballistic missile defense, the funding will support crucial work on research, development and test activities to counter hostile unmanned aerial systems.  

The bipartisan group of senators wrote, “the U.S.-Israeli cooperation has resulted in a system that can, and has, countered numerous missile threats from state and non-state actors from adversaries in Gaza, Lebanon, Syria, Iran, and elsewhere. This system provides Israel with the ability to protect lives at home and on the battlefield, keeping its citizens and soldiers out of harm’s way.”

In addition to Senators Warner, Gillibrand, and Rounds, the letter was signed by Senators Bennet (D-CO), Blumenthal (D-CT), Booker (D-NJ), Brown (D-OH), Cantwell (D-WA), Cardin (D-MD), Casey (D-PA), Coons (D-DE), Cortez Masto (D-NV), Cramer (R-ND), Daines (R-MT), Duckworth (D-IL), Feinstein (D-CA), Fischer (R-NE), Hassan (D-NH), Hickenlooper (D-CO), Kaine (D-VA), Kelly (D-AZ), Klobuchar (D-MN), Lankford (R-OK), Markey (D-MA), Merkley (D-OR), Padilla (D-CA), Peters (D-MI), Rosen (D-NV), Rubio (R-FL), Schatz (D-HI), Sinema (D-AZ), Smith (D-MN), Stabenow (D-MI), Thune (R-SD), Van Hollen (D-MD), Warnock (D-GA), Wyden (D-OR) and Young (R-IN).

The text of the letter appears below:

Dear Chairman Tester and Ranking Member Shelby: 

Thank you for this committee’s strong support of U.S.-Israel collaborative defense programs, including Iron Dome, David's Sling, and Arrow as well as our continued cooperative work on Unmanned Aircraft Systems (UAS). As you begin work on the Fiscal Year (FY) 2022 Defense Appropriations bill, we write seeking $500 million for continued support for these in order to meet the United States’ and Israel's national security needs.

Joint U.S.-Israel missile defense collaboration on Israel’s multilayer missile defense system has been foundational to the defense of Israel since the 1980s. Congress has consistently supported this project. Israel’s missile defense system is made up of four operational layers: Iron Dome (short-range), David’s Sling (medium-range), Arrow 2 (longer range), and now Arrow 3 (very long range). The U.S.-Israeli cooperation has resulted in a system that can, and has, countered numerous missile threats from state and non-state actors from adversaries in Gaza, Lebanon, Syria, Iran, and elsewhere. This system provides Israel with the ability to protect lives at home and on the battlefield, keeping its citizens and soldiers out of harm’s way.

This cooperative program has also created an important flow of data and invaluable insight to support vital U.S. missile defense technology while safeguarding our strategic ally Israel and our service members in the region. This program synergizes with our ongoing operations in the area increasing interoperability between U.S. and Israeli systems and forces. Moreover, the program supports critical elements of the industrial base and important jobs here in the United States through co-development and co-production agreements. 

Another area of critical importance to both the United States and Israel, is in the field of UAS, and perhaps just as importantly, counter-UAS. In February 2020, the U.S. Defense Innovation Unit announced it had selected Israeli firm D-Fend Solutions to field a counter-drone system for the FBI and U.S. military. This technology was co-developed with the U.S. Combatting Terrorism Technical Support Office. CTTSO has played a crucial role in U.S.-Israel cooperation and innovation.  

For FY 2022, in addition to ballistic missile defense, $500 million will continue critical work on research, development and test activities to counter hostile unmanned aerial systems. This funding will further development of a range of systems designed to handle the imminent threats American and Israeli forces face. 

Together, these programs confront the compelling challenges facing both Israel and the United States and form a strong foundation of the enduring friendship of our nations. We look forward to working with you on these important programs. 

Sincerely,

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WASHINGTON – U.S. Senators Mark R. Warner (D-Va.), Bill Cassidy (R-La.), Susan Collins (R-Maine), Joe Manchin (D-W.Va.), Lisa Murkowski (R-Alaska), Rob Portman (R-Ohio), Mitt Romney (R-Utah), Jeanne Shaheen (D-N.H.), Kyrsten Sinema (D-Ariz.), Jon Tester (D-Mont.) issued the following statement:

“Our group – comprised of 10 Senators, 5 from each party – has worked in good faith and reached a bipartisan agreement on a realistic, compromise framework to modernize our nation’s infrastructure and energy technologies. This investment would be fully paid for and not include tax increases. We are discussing our approach with our respective colleagues, and the White House, and remain optimistic that this can lay the groundwork to garner broad support from both parties and meet America’s infrastructure needs.”

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WASHINGTON — U.S. Sen. Mark R. Warner, Chairman of the Senate Select Committee on Intelligence, issued a statement on the Senate’s passage today of the United States Innovation and Competition Act, bipartisan legislation that includes Warner-led provisions to foster U.S. innovation in the race for 5G and shore up American leadership in the microelectronics industry: 

“America’s innovation in semiconductors undergirds our entire innovation economy. A wide array of products – from planes and automobiles to household appliances and small ‘smart’ devices – rely on these chips, and demand is only growing. But for too long, the U.S. has allowed competitors like China to out-invest us. No more. This bill makes a major, $52 billion investment in domestic semiconductor manufacturing, which will create good-paying jobs in America while maintaining our global innovation edge,” said Sen. Warner. “I am encouraged that this bill passed the Senate today on a broadly bipartisan basis, and strongly encourage our colleagues in the House to take it up and send it to the President’s desk without delay.” 

The United States Innovation and Competition Act – also known by an earlier name, the Endless Frontier Act – would help invest in domestic semiconductor manufacturing, packaging and advanced research and development by investing $52 billion to implement the CHIPS for America Act, a bipartisan law championed by Sen. Warner to help restore semiconductor manufacturing back to American soil. Semiconductors power modern technology, including cars, computers, smartphones and an increasing number of internet-connected ‘smart’ devices as varied as laundry machines to toothbrushes. A current production shortage of chips has backed up manufacturing supply lines in the United States, with major automobile manufacturers projecting $110 billion in lost sales this year due to factories sitting idle while waiting for components, and increased costs for goods such as televisions and home appliances dependent on imported semiconductors being passed on to U.S. consumers. Demand for semiconductors is expected to continue to grow, as internet connectivity and software processing is added to an ever-wider array of consumer, enterprise, and industrial products, services, and systems.  

The United States Innovation and Competition Act also includes funding for the bipartisan Utilizing Strategic Allied (USA) Telecommunications Act, legislation Sen. Warner introduced to support U.S. innovation in 5G and provide alternatives to Chinese equipment providers like Huawei and ZTE, which are heavily subsidized by the Communist Party of China and present serious risks to national security and the integrity of information networks globally.

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WASHINGTON—Today, the Senate unanimously passed legislation to support American public servants who have incurred brain injuries from likely directed energy attacks.  The Helping American Victims Afflicted by Neurological Attacks (HAVANA) Act, which was authored by Intelligence Committee Chairman Mark R. Warner (D-VA) along with Senators Susan Collins (R-ME), Vice Chairman Marco Rubio (R-FL), and Jeanne Shaheen (D-NH), would authorize additional financial support for injured individuals.

“Havana Syndrome” is the term given to an illness that first surfaced among more than 40 U.S. Embassy staff in Havana, Cuba, beginning in 2016.  Since then, at least a dozen U.S. diplomats at the U.S. Consulate in Guangzhou suffered symptoms “consistent with the effects of directed, pulsed, radiofrequency energy,” and there have been according to the press more than 130 total cases among American personnel, including on U.S. soil.  Symptoms have included severe headaches, dizziness, tinnitus, visual and hearing problems, vertigo, and cognitive difficulties, and many affected personnel continue to suffer from health problems years after the attacks. The HAVANA Act would give the CIA Director, the Secretary of State, and other agency heads additional authority to provide financial and medical support to those suffering from brain injuries as a result of these attacks.

“As the Intelligence Committee continues to push for more answers on these mysterious and debilitating attacks, I’m proud that the Senate overwhelmingly approved this bipartisan bill to ensure our U.S. personnel receive the compensation and care they rightfully deserve,” said Senate Intel Chairman Warner. “We continue to be indebted to these brave men and women who proudly serve our country while putting their own safety on the line, and this bill will make sure that we can provide financial relief as they seek medical treatment for the injuries they’ve endured.”

“Far too many ‘Havana Syndrome’ victims have had to battle the bureaucracy to receive care for their debilitating injuries.  American personnel who have undergone these attacks while serving our country should be treated the same way we would treat a soldier who suffered a traumatic injury on the battlefield,” said Senator Collins.  “I am pleased that there has been widespread, bipartisan support for my bill, which will provide additional support to these government employees who were harmed while representing our interests.  We also need a whole-of-government approach to determine what this weapon is and who is wielding it in order to prevent future attacks and protect Americans.”

“I am pleased to see the Senate pass this important bipartisan legislation, which will provide the CIA Director and the U.S. Secretary of State with the authorities needed to properly assist U.S. personnel who have endured attacks while serving our nation,” Senate Intel Vice Chairman Rubio said.  “There is no doubt that the victims who have suffered brain injuries must be provided with adequate care and compensation. Further, it is critical that our government determine who is behind these attacks and that we respond.”

“It is shameful and unacceptable that so many American public servants and their families who are suffering from these mysterious brain injuries have gone without access to the medical benefits they need and deserve. That must change, and today, the Senate took an important step forward to help right that wrong,” said Senator Shaheen. “Securing appropriate support for those injured has been a priority of mine for years, and I’m glad to partner with Senator Collins and this bipartisan group of lawmakers to build on that progress and help provide additional compensation for afflicted U.S. personnel. This bipartisan bill helps create a uniform response to these attacks, and I’ll keep working across the aisle to get to the bottom of these attacks and to support those suffering from critical injuries.”   

The HAVANA Act would authorize the CIA Director and the Secretary of State to provide injured employees with additional financial support for brain injuries.  Both the CIA and State Department would be required to create regulations detailing fair and equitable criteria for payment.  This legislation would also require the CIA and State Department to report to Congress on how this authority is being used and if additional legislative or administrative action is required.  

Senators Collins, Warner, Rubio, and Shaheen’s bill was co-sponsored by Senators John Cornyn (R-TX), Michael Bennet (D-CO), Roy Blunt (R-MO), Kirsten Gillibrand (D-NY), Richard Burr (R-NC), Martin Heinrich (D-NM), Ben Sasse (R-NE), Dianne Feinstein (D-CA), Tom Cotton (R-AR), Angus King (I-ME), James Risch (R-ID), Richard Durbin (D-IL), Rick Scott (R-FL), Robert Menendez (D-NJ), Richard Blumenthal (D-CT), and Margaret Hassan (D-NH).

Click HERE to read the text of the bill.

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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced that Loudoun County will receive a reimbursement of $1,882,828.45 in federal funding in response to COVID-19 from the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA). The funding will cover costs associated with the purchase of Personal Protective Equipment (PPE) for first responders, the Loudoun County Sheriff’s Office, fire and rescue, health services including nursing and healthcare, and mental health, substance abuse and development services.

“We’re glad to see these federal dollars go towards protecting our first responders from the COVID-19 virus,” said the Senators. “We remain committed to ensuring that our first responders have the necessary equipment to protect themselves from COVID-19.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Budget Committee, applauded the inclusion of $83.7 million in federal funds for the Norfolk Harbor project in the Biden administration’s budget proposal. The funding comes after Sen. Warner led the entire Virginia delegation in a letter requesting that the Biden administration prioritize the Norfolk Harbor Widening and Deepening project. The President’s budget proposal also includes a New Start designation, which would allow the Norfolk Harbor project to advance to its next stage of construction and receive Army Corps funding.

“This is welcome news for the Commonwealth,” said Sen. Warner. “By giving the green light on this critical designation, we can unlock much-needed federal funds to support this critical commercial and economic channel in Hampton Roads. I look forward to working with my colleagues in Congress to make sure this project reaches the finish line.” 

Sen. Warner, a former Virginia governor, has long advocated for the Norfolk Harbor Widening and Deepening project. In February, during a virtual Senate Budget Committee hearing, Sen. Warner highlighted the project and emphasized the importance of allowing the project to receive Army Corps funding. Earlier this year, Sen. Warner also led the entire Virginia congressional delegation in sending a letter to OMB requesting a New Start designation for the Norfolk Harbor project – a request they made in 2020 as well. In 2018, Sen. Warner successfully pushed for the inclusion of the Norfolk Harbor project, in addition to other coastal resiliency programs, in the bipartisan water infrastructure bill. 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following after the Senate failed to reach the required 60-vote threshold to establish a bipartisan, independent commission to examine the U.S. Capitol insurrection that occurred on January 6, 2021:

“Today, in the very room that a violent mob desecrated while attempting to undermine our democracy, my colleagues opted out of pursuing a fulsome and transparent investigation into the security failures and actions that ultimately led up to the tragic events on January 6. 

“It’s only been four months since the country, and the world, watched in real-time as insurrectionists breached and stormed the United States Capitol. Unfortunately today, there are those who believe that we can simply just wash our hands of what happened, and some who continue to peddle the kind of disinformation that instigated the insurrection in the first place. What we know is this: the actions that day only gave succor to our nation’s enemies, who rejoiced at the thought of democracy’s fragility. Despite the failure of today’s vote, my colleagues in the House and Senate must not shirk our responsibility to seek answers and accountability, and to reassure the American people that our democracy stands strong.” 

In February, Sen. Warner – a senior member of the Rules Committee – participated in congressional hearing convened by the Senate Rules Committee and the Homeland Security and Governmental Affairs Committee examining the security failures that enabled a mob supporting former President Donald Trump to overrun the U.S. Capitol on January 6. Following the attack on January 6, as Chairman of the Senate Select Committee on Intelligence, Sen. Warner has also pushed to examine how violent domestic extremists continue to pose a significant threat to our nation.

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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $8,899,215.83 in federal funding from the U.S. Department of Homeland Security (DHS)'s Federal Emergency Management Agency (FEMA) to support Virginia Department of Emergency Management (VDEM) COVID-19 vaccination efforts.

“We are glad to announce this funding to support Virginia Department of Emergency Management’s vaccination efforts,” said the Senators. “With half of the U.S. adult population now fully vaccinated against COVID-19, now is not the time to slow down. We remain committed to expanding Virginia’s vaccination capacity so that all eligible workers and residents can get their shots as soon as possible.” 

Sens. Warner and Kaine strongly supported the recent passage of the American Rescue Plan, which included $7.5 billion in funding for the CDC and public health departments to expand vaccine distribution and administration. 

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WASHINGTON – Today, U.S. Mark R. Warner (D-VA) joined Sens. Sherrod Brown (D-OH) and Rob Portman (R-OH) in urging the U.S. International Trade Commission (ITC) to side with American workers and fully and fairly enforce U.S. trade remedy laws. In a bipartisan letter to the ITC, Warner, Brown, and Portman led their colleagues in pressing the ITC to give full and fair consideration to the United Steelworker’s petitions in these cases of unfairly traded imports. Warner, Brown, and Portman led this letter with Sens. Richard Burr (R-NC), Kirsten Gillibrand (D-NY), Todd Young (R-IN), Charles E. Schumer (D-NY), Mike Braun (R-IN), Tim Kaine (D-VA), John Boozman (R-AR), and Raphael Warnock (D-GA).

“U.S. trade remedy laws are intended to provide relief to U.S. companies and their workers when they are undermined by unfairly traded imports.  We urge you to give full and fair consideration to the USW petitions in these cases and to ensure U.S. trade remedy laws are fully enforced,” the Senators wrote.

For years, United Steelworkers at tire companies including Cooper Tire in Findlay, Ohio, have found themselves at a severe competitive disadvantage due to unfairly traded foreign imports. The United Steelworkers’ trade petitions seeks to secure relief for their members in the tire industry to ensure the U.S. tire industry can compete on a level playing field.  

Full text of the letter is available here and below: 

The Honorable Jason Kearns

Chairman

United States International Trade Commission

500 E Street, SW

Washington, D.C. 20436

Dear Chairman Kearns:

We write on behalf of U.S. passenger vehicle and lightweight tire (PVLT) manufacturers and their workers who face ongoing challenges from unfairly traded tire imports in the above referenced cases and to reiterate our support for strong enforcement of U.S. trade remedy laws.  

The U.S. tire industry has been marked by unfair trade from foreign competitors for years.  In 2009, President Obama imposed Section 421 tariffs on Chinese tire imports to address the systemic dumping of tires in the U.S. market.  After the tariffs expired, USW tire-producing members again faced unfair competition, and the union filed antidumping (AD) and countervailing duty petitions in 2014.  AD and CVD orders have been in place on certain Chinese PVLT imports since.  Unfortunately, other foreign competitors are employing unfair practices to gain market share in the U.S. while Chinese tire imports face additional duties.  As a result, the USW union recently filed the AD and CVD petitions against tire producers in Korea, Taiwan, Thailand, and Vietnam.

U.S. trade remedy laws are intended to provide relief to U.S. companies and their workers when they are undermined by unfairly traded imports.  We urge you to give full and fair consideration to the USW petitions in these cases and to ensure U.S. trade remedy laws are fully enforced.  

Sincerely, 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) along with Sens. Tim Kaine (D-VA), Ben Cardin (D-MD), Chris Van Hollen (D-MD), Bob Casey (D-PA), and Joe Manchin (D-WV) today introduced the Chesapeake Bay Science, Education and Ecosystem Enhancement (SEEE) Act, which aims to restore the health of the Bay Watershed, strengthen fisheries management, and expand environmental education programs for residents across the Bay Watershed. Companion legislation was introduced in the House of Representatives by Reps. John Sarbanes (D-MD), Bobby Scott (D-VA) and Rob Wittman (R-VA).

“The Chesapeake Bay is not only an important recreational and ecological treasure, it’s also a vital economic engine for Virginia,” said Sen. Warner. “I am proud to introduce this legislation that will support the mission of NOAA’s Chesapeake Bay office to improve the health of the Bay and ensure its sustainable use for generations to come.”

“The prosperity of the Commonwealth and the health of the Chesapeake Bay are inextricable,” said Sen. Kaine. “This bill will support the vital work of preserving our ecosystems, maintaining healthy waterways, and understanding climate challenges so Virginia can continue to reap the benefits the Bay provides.”

“We are at a critical moment for Chesapeake Bay restoration, facing harmful climate change impacts such as rising sea levels, temperatures, and extreme rain events,” said Sen. Cardin. “NOAA's science helps ensure the investments we make will go the furthest to benefit the watershed through improved livelihoods, public health, water quality, and resilience—now and in the future.” 

“A clean Chesapeake Bay is essential to the health of Maryland’s environment and success of our Bay economy,” said Sen. Van Hollen. “This legislation will help deliver on our commitment to preserve and protect the Bay through crucial partners like the NOAA Chesapeake Bay Office and environmental educational programs. I am proud to support this bill and will continue working in Congress to provide the resources necessary to promote a clean and healthy Chesapeake Bay.” 

“I am proud to cosponsor this bipartisan, bicameral legislation to support restoring the health of the Chesapeake Bay watershed, an incredible wildlife area that includes multiple counties in West Virginia. I look forward to working with my colleagues on both sides of the aisle as we work to reauthorize the NOAA Chesapeake Bay office and the programs they support to benefit the habitats in our state and across the Chesapeake Bay region,” said Sen. Manchin.

Specifically, the Chesapeake Bay SEEE Act would: 

• Reauthorize the NOAA Chesapeake Bay Office (CBO), a key partner of the Bay Program and leader of the Program’s fisheries, environmental literacy, climate resiliency, and habitat work. The bill would allow NOAA CBO to collaborate with universities, nonprofits, and other Bay stakeholders to promote integrated coastal observations – such as monitoring and observing restoration activities, collecting and analyzing marine resources data – and information sharing to assist policymakers, resource managers, and the public.
• Direct NOAA to support coordinated management, protection, characterization, and restoration of Bay habitats and living resources, as well as the Interpretive Buoy System along the Capital John Smith Chesapeake National Historic Trail.
• Authorize the Chesapeake Bay Watershed Education and Training (B-WET) program, which awards educational grants related to Bay restoration.
• Reauthorize NOAA CBO through 2025, funding it at $12 million in FY22, $20.7 million in FY23, $22.57 million in FY24, and $24.627 million in FY25.

The Chesapeake Bay is the largest estuary in the U.S. More than 150,000 streams and rivers thread through the Chesapeake’s 64,000-square-mile watershed, which is home to 18 million people across Virginia, Maryland, Pennsylvania, Delaware, New York, West Virginia and the District of Columbia. 

A copy of the bill text can be found here.

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WASHINGTON —Today, U.S. Senators Mark R. Warner and Tim Kaine sent a letter to the White House recommending Judge Arenda Wright Allen, Judge Hannah Lauck, and Virginia Solicitor General Toby J. Heytens to fill the upcoming vacancy on the U.S. Court of Appeals for the Fourth Circuit, which will be created when Judge Barbara M. Keenan assumes senior status in August 2021. 

Judge Allen has been a U.S. District Court Judge in the Norfolk division of the Eastern District of Virginia since 2011. Judge Allen served in the Federal Public Defender’s Office for the Eastern District of Virginia from 2005-2011 and served in the U.S. Attorney’s Office in both the Eastern District of Virginia and the Western District of Virginia from 1990 to 2005. She also has a distinguished record of service in the Navy and has a lifelong commitment to diversity.  

Judge Lauck has been a U.S. District Court Judge in the Richmond division of the Eastern District of Virginia since 2014 and was previously a Magistrate Judge in the Eastern District—the first woman to be appointed to either position in Richmond. Prior to joining the bench, Judge Lauck served as an Assistant U.S. Attorney from 1994 to 2005. Judge Lauck served as a clerk to U.S. Judge Randolph Spencer of the Eastern District of Virginia. 

Mr. Heytens has been the Solicitor General of Virginia since 2018, representing the Commonwealth in state and federal courts, including three cases before the U.S. Supreme Court. Prior to this role, Mr. Heytens was a professor at his alma mater, the University of Virginia School of Law, from 2010 to 2018. Mr. Heytens also served as a law clerk to Supreme Court Justice Ruth Bader Ginsburg and Chief Judge Edward R. Becker on the U.S. Court of Appeals for the Third Circuit. 

“All three candidates possess the requisite fairness, temperament, and integrity to serve as a U.S. Court of Appeals Judge, and have our highest recommendation,” said the senators. “Ultimately, we believe each of these individuals would win confirmation from the Senate and serve capably on the bench.”

Warner and Kaine recommend these individuals based on their distinguished records and the assessments of an independent panel of attorneys from across the Commonwealth as well as feedback from bar associations in Virginia. 

The Fourth Circuit Court of Appeals is based in Richmond and hears federal appeals from Virginia, West Virginia, Maryland, North Carolina, and South Carolina. President Biden will nominate one individual for the position, which is subject to confirmation by the full Senate. 

The full text of today’s letter appears here and below: 

Dear Mr. President: 

We are pleased to recommend United States District Court Judge Arenda Wright Allen, United States District Court Judge Hannah Lauck, and Virginia Solicitor General Toby J. Heytens for the vacancy on the United States Court of Appeals for the Fourth Circuit following Judge Barbara M. Keenan’s decision to take senior status, effective August, 2021. All three candidates possess the requisite fairness, temperament, and integrity to serve as a U.S. Court of Appeals Judge, and have our highest recommendation. 

The Honorable Arenda Wright Allen is a United States District Court Judge in the Norfolk Division of the Eastern District of Virginia.  Prior to joining the bench in 2011, Judge Allen served in the Federal Public Defender’s Office for the Eastern District of Virginia from 2005-2011. From 1990 to 2005, Judge Allen served in the U.S. Attorney’s Office in both the Eastern District of Virginia and the Western District of Virginia.  Judge Allen also has an exemplary record of military service, serving as a Navy JAG Trial Attorney and Staff Judge Advocate from 1985-1990.  Judge Allen continued her service as a Commander in the United States Navy Reserves until she retired in 2005.

Judge Hannah Lauck has had an impressive legal career to date, and is currently serving as a United States District Court Judge in Richmond, Virginia.  Prior to becoming a United States District Court Judge, she served as a federal Magistrate Judge in the Eastern District of Virginia, from 2005 to 2014.  Additionally, she was the first woman District Court Judge and Magistrate Judge appointed in the Richmond Division for the Eastern District of Virginia.    

Toby Heytens is the Solicitor General of Virginia, a position he has held since 2018. As the Solicitor General, Mr. Heytens exclusively represents the Commonwealth, its officers, and its agencies. In the last three years he has represented the Commonwealth in federal and state courts, including three arguments before the Supreme Court of the United States, defense of the Commonwealth’s new firearms laws and the Governor’s COVID-19 related orders in trial courts and on appeal.  Prior to joining the Virginia Attorney General’s office, Heytens was a professor at his alma mater, the University of Virginia School of Law, from 2010 to 2018. 

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

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) led a group of 12 colleagues in urging the Biden administration to work with states, tribes, and territories to prioritize young people in the foster care system, who have been particularly afflicted by the COVID-19 health and economic crisis. In a letter to the Administration for Children and Families at U.S. Department of Health and Human Services (HHS), the senators stressed the disparate outcomes faced by young people in foster care in the areas of educational attainment, employment rates, and earnings, and urged the administration to ensure that states take full advantage of existing flexibilities to mitigate these outcomes.

Joining Sen. Warner in the letter to the Associate Commissioner of the Administration for Children and Families were Sens. Ron Wyden (D-OR), Bob Casey (D-PA), Tim Kaine (D-VA), Maggie Hassan (D-NH), Dianne Feinstein (D-CA), Amy Klobuchar (D-MN), Chris Van Hollen (D-MD), Jack Reed (D-RI), Sherrod Brown (D-OH), Angus King (I-ME), Cory Booker (D-NJ), and Richard Blumenthal (D-CT).

“As efforts to curtail the pandemic prove successful, it is clear that the long-term impacts of the pandemic will be significant. As you continue to work through year-one priorities, we ask that the Department of Health and Human Services (HHS) ensure that youth currently in and transitioning out of the foster care system receive the support and resources they need to thrive,” wrote the Senators in a letter to HHS Associate Commissioner Aysha Schomburg. “We also ask that you prioritize implementation of the Family First Prevention Services Act of 2018 to ensure that children, youth, and their families can access a range of services to keep them safely together and prevent unnecessary entry into foster care whenever possible. For circumstances when foster care placement is needed, we request that you work with states, tribes, and territories to ensure that children and youth in foster care have high-quality placements and trauma-informed care.”

“The past year has been a difficult time for many. However, the COVID-19 pandemic has highlighted and exacerbated the overwhelming obstacles youth in the foster care system face, particularly the challenges associated with transitioning into adulthood after leaving the system,” they continued. “We believe that if changes are made to strengthen support and the resources for foster youth, they will be better able to realize their goals and become active members of our nation’s workforce.”

Throughout the past year, young people in the foster care system have felt the educational and economic toll of the pandemic at much higher rates than their peers. In fact, a University of Pennsylvania study found that foster youth have lost their jobs during COVID-19 at a rate three times that of the general population. The senators also cited the findings of a longitudinal study, which revealed that by age 23 and 24, one-quarter of youth with experience in foster care did not have a high school diploma or a GED. Additionally, although nearly one third had completed at least one year of college, only 6 percent had completed a 2- or 4-year post-secondary degree. 

In the letter, the senators requested that the administration take action to mitigate the effects of COVID-19 on foster youth. Specifically, they asked the administration to:

·         Allow title IV-B funds to be used to provide internet and other technology to vulnerable foster youth and families in order to ensure that foster youth do not continue to fall behind in meeting their work and study obligations because they do not have necessary technological tools available to them. 

·         Work with states to address the impact of the digital divide on foster youth by considering long-term solutions to technology-access challenges that have been exacerbated during the public health emergency, and working with child welfare agencies on context-specific plans to ensure foster youth have resources necessary to participate in online instruction or work virtually.  

·         Implement a plan to ensure that agencies proactively reach out to foster youth to inform them about benefits related to stimulus checks, unemployment insurance, and other COVID-19-related assistance. 

·         Help ensure that foster youth and other at-risk youth are aware of and have the resources to take advantage of the extension of the earned income tax credit (EITC) to working youth under age 26 and work toward making the child tax credit (CTC) as accessible as possible. They asked that the Administration make the EITC and the CTC as accessible as possible by working with youth and their families to ensure they are aware of these opportunities. They also asked that the Administration provide flexibility for caregivers of children in the welfare system to claim a dependent. 

·         Create and implement a plan to ensure that foster youth have access to and are aware of mental health supports. Given the high rates of trauma experienced by foster youth and the increase in reports of mental illness during the pandemic, the senators asked that the administration work to ensure foster youth are provided the necessary mental health resources to support their resilience during this difficult time. 

·         Commit to working with Congress and states, tribes, and territories to address inequalities in the child welfare system in the U.S. and outline steps to make child welfare programs more equitable by working ensuring better opportunities for foster youth and combat the racial disparities we have known to persist within the system for too long. 

A PDF of the letter is available here. Text is available below.

Associate Commissioner Aysha Schomburg

U.S. Department of Health and Human Services 

The Administration for Children and Families

Children’s Bureau

330 C Street, SW

Washington, D.C. 20201

Dear Associate Commissioner Aysha Schomburg, 

We write today in support of children and youth in the foster care system as they continue to face a number of unique challenges as a result of the COVID-19 pandemic. With the steady progress of nationwide vaccine distribution, like many Americans, we feel a sense of reassurance that our nation will soon transition into a more manageable period of the health and economic crises that the nation has endured for over a year now. As efforts to curtail the pandemic prove successful, it is clear that the long-term impacts of the pandemic will be significant. As you continue to work through year-one priorities, we ask that the Department of Health and Human Services (HHS) ensure that youth currently in and transitioning out of the foster care system receive the support and resources they need to thrive. We also ask that you prioritize implementation of the Family First Prevention Services Act of 2018 to ensure that children, youth, and their families can access a range of services to keep them safely together and prevent unnecessary entry into foster care whenever possible. For circumstances when foster care placement is needed, we request that you work with states, tribes, and territories to ensure that children and youth in foster care have high quality placements and trauma-informed care. 

It is well-documented that current and former foster youth face disparate outcomes compared to their peers in various areas, including educational attainment and employment rates and earnings.[1] A longitudinal study in Iowa, better known as “The Midwest Evaluation of the Adult Functioning of Former Foster Youth,” found that by age 23 and 24, one-quarter of youth with experience in foster care did not have a high school diploma or a GED, and although nearly one third had completed at least one year of college, only 6% had completed a 2- or 4-year post-secondary degree.[2] Foster youth aging out of the system are also more likely to become homeless and struggle with job insecurity.[3]

The past year has been a difficult time for many. However, the COVID-19 pandemic has highlighted and exacerbated the overwhelming obstacles youth in the foster care system face, particularly the challenges associated with transitioning into adulthood after leaving the system. 

In fact, former foster youth are some of the most impacted by the COVID-19 pandemic.[4] According to a study from the University of Pennsylvania, former foster youth have lost their jobs during the pandemic at a rate three times that of the general population. Additionally, two-thirds of study participants reported that COVID-19 had a major negative impact on their educational progress or attainment.[5] These outcomes can be partially explained by inconsistent access to the internet, with only 5% of rural foster youth and 21% of urban foster youth having consistent access to computers in their homes.[6]

These statistics are heartbreaking and unacceptable. We believe that if changes are made to strengthen support and the resources for foster youth, they will be better able to realize their goals and become active members of our nation’s workforce. 

We greatly appreciate the Biden Administration’s leadership in working with state, tribal and territorial child welfare agencies to slow the spread of the virus and “build back better.” We respectfully ask that you continue to encourage states to take full advantage of existing flexibilities and make additional changes to best support foster youth. Specifically, we request that you: 

·         Allow title IV-B funds to be used to provide internet and other technology to vulnerable foster youth and families. The virtual working and learning environments we have experienced during the pandemic are likely to last long after the spread of the virus is slowed.[7] Therefore, we must ensure that foster youth do not continue to fall behind in meeting their work and study obligations because they do not have necessary technological tools available to them. We ask that allowable expenses be expanded to include laptop computers, tablets, and internet access for children and families in the child welfare system.  

·         Work with states to address the impact of the digital divide on foster youth. We were proud to vote in support of the Consolidated Appropriations Act of 2021, which increased support for John H. Chafee Foster Care Programs for Successful Transition to Adulthood, mandated that a state operating a program under Title IV-E cannot require that a child who is in foster care leave solely because of the child’s age until October 1, 2021, and suspended certain training and postsecondary educational requirements that could be barriers to youth accessing Chafee supports during the public health emergency. In addition to working with states, territories, tribes and tribal organizations to ensure this law is implemented effectively, we ask that you consider long-term solutions to technology-access challenges that have been exacerbated during the public health emergency. We ask that you work with child welfare agencies on context-specific plans to ensure foster youth have resources necessary to participate in online instruction or work virtually. 

·         Implement a plan to ensure that agencies proactively reach out to foster youth to inform them about benefits related to stimulus checks, unemployment insurance, and other COVID-19-related assistance. We ask that you work to ensure foster youth are aware of all resources available to them during this difficult time. 

·         Help ensure that foster youth and other at-risk youth are aware of and have the resources to take advantage of the extension of the earned income tax credit (EITC) to working youth under age 26 and work toward making the child tax credit (CTC) as accessible as possible. We were pleased to see that the American Rescue Plan included an extension of the EITC to working youth under age 26. We believe this change has significant potential to equip former foster youth to become productive members of the workforce. We ask that the Administration help make foster youth and other vulnerable youth aware of this expansion, as well as help ensure they have the resources to take advantage of this opportunity. In addition, we are proud that the American Rescue Plan temporarily expands the CTC and the Child and Dependent Care Tax Credit (CDCTC) for 2021. We ask that the Administration make the CTC as accessible as possible by working with families to ensure they know how the monthly payments work and allow non-filers to establish eligibility. We also ask that the Administration provide flexibility for caregivers of children in the welfare system to claim a dependent. 

·         Create and implement a plan to ensure that foster youth have access to and are aware of mental health supports. Foster youth who have aged out of the system are like other populations experiencing isolation due to the pandemic, but many lack substantive social supports. The COVID-19 pandemic is exacerbating symptoms of post-traumatic stress disorder (PTSD) and other mental illnesses. Given the high rates of trauma experienced by foster youth and the increase in reports of mental illness during the pandemic, we ask that you work to ensure foster youth are provided the necessary mental health resources to support their resilience during this difficult time. The Family First Prevention Services Act of 2018 allows Title IV-E funds to cover evidence-based mental health services and programs for children, youth, and their families. We encourage you to support states, tribes, and territories in development and implementation of robust Title IV-E Prevention Program plans that include a range of mental health services.

·         Commit to working with Congress and states, tribes, and territories to address inequalities in the child welfare system in the U.S. and outline steps to make child welfare programs more equitable. Youth of color frequently experience negative outcomes, such as homelessness, unemployment, economic hardship, and involvement with the criminal justice system, at higher rates than their white peers after transitioning out of the foster care system.[8] We ask that the Biden Administration work with youth, parents, kinship caregivers with lived expertise, as well as child welfare agencies and Congress to play a leading role in ensuring better opportunities for foster youth and combat the racial disparities we have known to persist within the system for too long. 

Thank you for your diligent, impactful work on behalf of our nation’s foster youth. We appreciate your time and attention to this urgent matter. We are grateful for your partnership as we continue to work on behalf of youth in need. 

Sincerely,

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