WASHINGTON —U.S. Senators Mark R. Warner and Tim Kaine joined Senator Brian Schatz and their colleagues in reintroducing the Federal Adjustment of Income Rates (FAIR) Act, a bill that would provide federal employees with a 3.2 percent pay increase in 2022. 

“For years, federal employees have faced pay freezes, furloughs, and government shutdowns all while continuing to protect and serve the American people,” the Senators said. “The FAIR Act will finally give these hard-working people the pay raise they deserve.”

Senators Warner and Kaine have been strong advocates for Virginia’s federal employees. Last year, the Senators cosponsored the Protecting Collective Bargaining and Official Time for Federal Workers Act, a bill that would rescind four executive actions under the Trump Administration that restricted the effectiveness of unions for federal workers. During the longest government shutdown in U.S. history, the Senators took a series of actions to protect affected workers, including guaranteeing back pay for federal employees, urging back pay for contractors, introducing budget amendments to protect federal workers, and urging OPM to prevent the termination of dental and vision insurance for federal employees.

The bill is also cosponsored by Senators Richard Blumenthal (D-CT), Chris Van Hollen (D-MD), Ben Cardin (D-MD), Sherrod Brown (D-OH), Mazie Hirono (D-HI), Tammy Baldwin (D-WI), Jeff Merkley (D-OR), and Bernie Sanders (I-VT).

U.S. Representative Gerry Connolly (D-VA-11) has introduced a companion bill in the House of Representatives.
 
Text of the legislation is available here.

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement after voting for an amendment to include an increase in the federal minimum wage to $15 an hour by 2025 in the final reconciliation bill. The vote failed, 42-58.

“It is past time that Congress acts to raise the minimum wage. This is the longest we’ve ever gone without raising the minimum wage since it was created, and $7.25 an hour isn’t a living wage in the year 2021. We need to raise the minimum wage to $15 an hour. Though for procedural reasons the minimum wage increase will not be part of the reconciliation package, I voted for this amendment to underscore my belief that raising the minimum wage must remain a top congressional priority. No one who works full time in this country should be living in poverty. 

“As the debate moves forward on the minimum wage, I recognize that there will need to be compromises in order to achieve the votes necessary to pass. These may include a longer phase-in period, given the concerns that have been raised about the impact of implementing this policy during the ongoing public health emergency and while many small businesses are still dealing with the economic effects of the pandemic. I also have heard from workers in the hospitality industry who are very concerned about the unintended consequences of a dramatic increase in the tipped wage. I intend to work with my colleagues to address these issues and ensure that we can give hard-working Americans a long-overdue raise.”  

Sen. Warner is a co-sponsor of the Raise the Wage Act of 2021, which would raise the federal minimum wage to $15 by 2025.

###

WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, and Bob Menendez (D-NJ), Chairman of the Senate Foreign Relations Committee, along with Sens. Michael Bennet (D-CO), John Cornyn (R-TX), Marco Rubio (R-FL), Ben Sasse (R-NE), Chuck Schumer (D-NY) and Todd Young (R-IN), today introduced legislation to develop a partnership and strategy among democratic countries to compete against growing technological strength and influence by the Chinese Communist Party and other authoritarian regimes. The Democracy Technology Partnership Act would establish a U.S. interagency office at the State Department, tasked with creating a partnership among democratic countries to help set international standards and norms, conduct joint research, and coordinate export controls and investment screening on emerging and critical technologies.

“The Chinese Communist Party is working to surpass the U.S. technologically and economically and to export their technologies globally. In order to compete and counter the expansion of Chinese dominance in critical technology sectors, we need to create a strategy that leverages the power of American partnerships to protect and advance our technological edge,” said Sen. Warner. “This bipartisan legislation will help foster partnerships among the U.S. and like-minded democratic countries to better protect and compete against China in critical emerging technologies while helping set global rules, standards, and protocols for the market.”

“After four years of consistent failure under the Trump administration, one of our most important challenges will be to forge a coherent new national security strategy, particularly on cybersecurity and emerging technology, led by our values, centered on our democratic allies and partners, and implemented with consistency,” said Sen. Menendez. “The Democracy Technology Partnership Act is a bipartisan recognition that we have entered a new era of technology and geo-economic strategic competition with Beijing, and an acknowledgement that we will not overcome this challenge without technology partnerships and shared human ingenuity. I look forward to working with my colleagues on both sides of the aisle to invest in a broad diplomatic and security architecture that restores our nation’s position as the world’s greatest innovator and allows us to actually outperform China.” 

“Both Democrats and Republicans know that competing with China is one of the biggest challenges in the 21^st Century,” said Majority Leader Schumer. “For years, I have been committed to confronting the Chinese government for cheating and stealing its way to economic growth. That’s why I am proud to help champion the bipartisan Democracy Technology Partnership Act, which will give like-minded democracies the edge needed to compete with the Chinese Communist Party. This initiative is an important next step in our mission to boost American competitiveness, leverage our alliances abroad and fight China’s predatory practices.”

“It’s no secret the Chinese Communist Party wants to reshape the emerging technology landscape to benefit their authoritarian aims. It is essential that the United States and our like-minded democratic allies around the world work together to set global standards that uphold our universal values,” said Sen. Young. “This bipartisan legislation marks a significant step forward for the United States in our ongoing effort to out-compete China and I look forward to working with my colleagues to see this passed into law.”

“Winning the long-term tech race with the Chinese Communist Party is foundational to our strategic relevance in the world. Chairman Xi has laid out an ambitious plan to displace the United States as the world’s preeminent superpower and install his version of techno-authoritarianism in its place. The United States cannot meet this challenge alone and must lead our freedom-loving allies and partners to craft creative solutions to our shared technological challenges. This bill is a good step towards that goal,” said Sen. Sasse.

“It’s critical for democracies around the world to collaborate in research and development as well as manufacturing of advanced technologies to compete against China,” said Sen. Rubio. “Too many nations fall prey to the trap of incentives associated with Chinese tech that only results in lost privacy, reduced autonomy, and greater dependence on Beijing.  The U.S. must lead likeminded countries in establishing and supporting alternatives that are safer and technologically more advanced.  I hope this bill will push the Administration to lead in this space.”    

“The Chinese Communist Party is working rapidly and strategically to dominate in technologies that will underpin our economic and national security, and to export its illiberal technology across the globe,” said Sen. Bennet. “America’s competitiveness and security require an international technology strategy that leads with our values and allies. This bipartisan approach will empower the United States and our democratic partners to compete with China and set the rules of the road for next generation technologies.”

Leadership and competitiveness in emerging and critical technologies will determine the political, economic, and military strength of countries in the 21^st century. Currently, the People’s Republic of China (PRC) is using every tool in its arsenal to achieve dominance in key technologies such as 5G, artificial intelligence, quantum computing, semiconductors and more. Its approach to technology includes heavily subsidizing Chinese companies, investing extensively in research and development, incentivizing foreign countries to adopt its technologies, leveraging international standard-setting bodies to advance its vision, imposing unfair restrictions on foreign companies, and accessing technologies through illicit means. 

Simply put, the U.S. cannot counter these practices or compete with the PRC and other authoritarian governments on its own. To compete against these technological advancements, the Democracy Technology Partnership Act would establish an interagency office at the U.S. Department of State to lead in the creation of a new partnership among the world’s tech-leading democracies. The partnership between the democratic countries would ensure that these technologies advance democratic institutions, norms, and values, contributing to global peace and prosperity.  

Specifically, the interagency office would be responsible for:

·         Creating a technology-based partnership of democratic countries to develop harmonized technology governance regimes and to fill gaps on specific technologies;

·         Identifying existing, and when needed, new multilateral mechanisms to advance the objectives of the Technology Partnership; 

·         Coordinating with such countries regarding shared technology strategies; and

·         Developing strategies to provide alternatives to countries who are at risk of acquiring technologies from authoritarian regimes. 

The criteria for participation in the global partnership – as laid out by the legislation – requires that the country be a democratic national government with a strong commitment to democratic values, have an economy with advanced technology sectors, and have a demonstrated record of interest or expressed interest in international cooperation and coordination with the U.S. on defense and intelligence issues. 

In addition, the Democracy Technology Partnership Act creates a $5 billion International Technology Partnership Fund to support joint research projects between government research agencies, universities, technology companies and other businesses from partner countries, as well as to make technology investments in third-country markets. The legislation also creates a Public-Private Board, called the International Technology Partnership Advisory Board, made up of individuals with demonstrated expertise in the fields of emerging technologies and international trade to provide advice and recommendations to the Technology Partnership Office and on the bill’s implementation. 

“I commend Senators Warner and Menendez for this bold new legislation, which will help ensure that democratic values and partnerships are at the center of America’s strategy to win the global technology competition. The new Technology Partnership they are proposing would be a powerful diplomatic tool to counter authoritarian influence. It would also promote new avenues of cooperation between democratic nations to secure a better future for us all,” said Madeline Albright, former U.S. Secretary of State.

“The Technology Partnership, as proposed by Senators Warner, Menendez, Cornyn, Young, Sasse, and Schumer, is a worthy initiative, rightly identifying the most important challenge facing the United States for the next decade.  The legislation wisely creates a multilateral mechanism for the United States to coordinate with like-minded, democratic countries to counter and compete with the People’s Republic of China.  As the PRC works to dominate critical emerging technologies, essential to U.S. military, political and economic strength, democracies must come together to coordinate technology policy that reflects democratic values,” said Stephen J. Hadley, former U.S. National Security Advisor.

“The Democracy Technology Partnership Act outlines an important vision and strategic plan for how the United States should collaborate with allies and friends on a technology strategy which promotes and protects our common interests.  Its placement at the State Department, with interagency representatives and a public-private board, ensures that the effort will be a key part of America’s global diplomatic strategy, tapping into the great talent available across the U.S. government and in the private sector.  This is an innovative approach to one of the toughest challenges facing the United States and our community of democracies,” said Ambassador Marc Grossman, Vice Chairman of the Cohen Group, former Under Secretary of State for Political Affairs.

“The United States’ leadership in technology and innovation is at risk, as the PRC works to surpass the US in technologies such as Artificial Intelligence and data science, quantum information systems, biotechnology, 5G, and semiconductor technologies. The United States needs a national strategy for innovation, and this legislation outlines an essential element in that larger strategy: a coalition of democratic countries to coordinate on defense of technologies, set standards, and develop common policies for emerging technologies,” said Admiral William H. McRaven, U.S. Navy (Retired).  

A copy of the bill section-by-section can be found here. A two-page summary can be found here. A copy of the bill text can be found here.

Sen. Warner, a former telecommunications executive, has been a leading voice on issues related to the national security challenges facing the United States as a result of China’s growing power and influence. Last week, Sen. Warner participated in a bipartisan meeting with President Biden on securing U.S. supply chains for critical and essential goods to help counter China’s efforts to expand its influence and economic power. Sen. Warner has also successfully pushed for the inclusion of his bipartisan Utilizing Strategic Allied (USA) Telecommunications Act in the FY21 defense bill to encourage and support U.S. innovation in the race for 5G dominance.

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today sent a letter to the White House recommending candidates for the U.S. Attorney vacancies in the Eastern District of Virginia (EDVA) and the Western District of Virginia (WDVA). In their letter, the Senators recommended Jessica Aber, Assistant U.S. Attorney for the Eastern District of Virginia, and John Hall, civil litigator at Covington & Burling, for the EDVA position. The Senators recommended Christopher Kavanaugh, Assistant U.S. Attorney in the Western District of Virginia, and Erin B. Ashwell, Chief Deputy Attorney General for the Commonwealth of Virginia, for the WDVA position. 

“Panels of esteemed attorneys from across the Commonwealth interviewed Ms. Aber, Mr. Hall, Mr. Kavanaugh, and Ms. Ashwell, along with many other excellent candidates. After considering the panels’ reviews and conducting our own interviews, we find these four candidates to be exceptionally qualified for the position of U.S Attorney,” wrote the Senators to President Biden.

The White House will now nominate one individual for each 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:

As you consider candidates to serve in the two U.S. Attorney positions in the Commonwealth of Virginia, we are pleased to recommend Jessica Aber and John Hall for the position of U.S. Attorney for the Eastern District of Virginia (EDVA); and, Christopher Kavanaugh and Erin B. Ashwell for the position of U.S. Attorney for the Western District of Virginia (WDVA). Panels of esteemed attorneys from across the Commonwealth interviewed Ms. Aber, Mr. Hall, Mr. Kavanaugh, and Ms. Ashwell, along with many other excellent candidates. After considering the panels’ reviews and conducting our own interviews, we find these four candidates to be exceptionally qualified for the position of U.S Attorney.  

U.S. Attorney for Eastern District

Jessica Aber is a distinguished attorney with more than a dozen years of criminal justice experience in the EDVA U.S. Attorney’s Office and as Counsel to the Assistant Attorney General of the Criminal Division.  She has worked as both a line Assistant U.S. Attorney (AUSA) handling complex financial fraud, violent crime and child exploitation cases and as EDVA’s Deputy Criminal Chief supervising operations across the District’s four divisions. Ms. Aber has lived in Virginia for over 20 years, receiving her Bachelor of Arts from the University of Richmond and her Juris Doctor from the William & Mary Law School.

John Hall is a highly esteemed civil litigator in private practice at Covington & Burling where he serves as chair of the firm’s global litigation practice. In addition to his civil trial practice, Mr. Hall, a former AUSA, represents individuals and companies in white-collar criminal defense and investigations. Many of his civil representations arise out of or involve parallel government enforcement proceedings. He graduated from Harvard College and Harvard Law School and completed two years of post-graduate study in Economics at the University of Sydney (Australia).

U.S. Attorney for Western District

Chris Kavanaugh is an AUSA in the Western District of Virginia. Mr. Kavanaugh is currently serving as Counsel to the United States Attorney, Senior Litigation Counsel, and as the WDVA’s chief national security prosecutor. Mr. Kavanaugh has practiced before every judge in the WDVA and has worked in the U.S. Attorney’s office since 2014, handling a wide variety of federal criminal offenses involving domestic terrorism, civil rights violations, national security and white-collar offenses and violent crimes. Mr. Kavanaugh received his Bachelors of Science from Georgia Tech and his Juris Doctor from the University of Virginia School of Law.

Erin B. Ashwell currently serves as the Chief Deputy Attorney General for the Commonwealth of Virginia in Richmond, where she supervises legal strategy and operations of over 500 employees, including approximately 290 attorneys. Following law school, she joined the United States Department of Justice in Washington, D.C. as a trial attorney for the tax-civil division. She has substantial ties to the Western District of Virginia and, prior to college, attended Virginia public schools. She earned her Bachelor of Arts degree magna cum laude from Harvard University before going on to earn her Juris Doctor cum laude from Harvard Law School.

We believe that any of these candidates would make an excellent U.S. Attorney, and we are honored to be able to recommend them to you.

Sincerely,

###

WASHINGTON – Today U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced they are now accepting applications for the position of United States Circuit Court Judge for the Fourth Circuit in Richmond to succeed Fourth Circuit Judge Barbara M. Keenan, who will assume senior status effective August 31, 2021. An independent panel of lawyers assembled by the Senators will review applications and interview qualified individuals. The Senators will then use those recommendations, as well as input from bar associations and experts, as they consider potential nominees to recommend to the President. The White House will then nominate an individual to be considered by the Senate Judiciary Committee. The nomination is subject to confirmation by the full Senate.

Interested applicants should visit Senator Warner’s website for application instructions. The application period will close on March 29, 2021.

 ###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement after Governor Ralph Northam signed the Consumer Data Protection Act into state law: 

“This is an important first step in providing vital privacy protections to Virginians. My hope is that Governor Northam and the legislature will improve this law in the near future in important ways, including incorporating my important bipartisan work on dark patterns and enhancing privacy protections around online advertisements, making it easier for Virginia citizens to invoke their privacy rights, such as through a global privacy control.”

Sen. Warner has written and introduced a number of bills designed to protect consumers and reduce the power of giant social media platforms like Facebook, Twitter and Google. Among these are the Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act – a bill to encourage market-based competition to dominant social media platforms by requiring the largest companies to make user data portable – and their services interoperable – with other platforms; the Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act – legislation to reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, targeted harassment, and discrimination on their platforms; the Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data (DASHBOARD) Act – bipartisan legislation to require data harvesting companies to tell consumers and financial regulators exactly what data they are collecting from consumers and how it is being leveraged by the platform for profit; and the Deceptive Experiences To Online Users Reduction (DETOUR) Act – bipartisan legislation to prohibit large online platforms from using deceptive user interfaces to trick consumers into handing over their personal data.

### 

WASHINGTON — Senate Select Committee on Intelligence Chairman Mark R. Warner (D-VA) and Vice-Chairman Marco Rubio (R-FL) filed legislation (S. 640) to extend Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act from its current expiration of March 31, 2021 to September 30, 2021. The provision allows a critical lifeline for federal agencies to maintain contractors, who would otherwise be at risk for layoff or furlough due to the pandemic. Warner and Rubio also sent a letter to Senate Majority Leader Chuck Schumer (D-NY) and Senate Minority Leader Mitch McConnell (R-KY) requesting that Section 3610 be extended “as freestanding legislation, as we have introduced, or as a provision on the next appropriate legislative vehicle.”

A coalition of organizations wrote in support of Warner and Rubio's efforts to extend Section 3610, highlighting that “numerous organizations representing the breadth of the government industrial base, including manufacturers and service providers, from large companies to small businesses, have emphasized the importance of the 3610 authority and the need for an extension.” 

The full text of the letter is below.

Dear Majority Leader Schumer and Minority Leader McConnell,

We write to ask that Section 3610 Federal Contractor Authority of the Coronavirus Aid, Relief, and Economic Security Act be extended to September 30, 2021, as freestanding legislation, as we have introduced, or as a provision on the next appropriate legislative vehicle.

This authority was last extended in the omnibus appropriations act for fiscal year 2021 and is due to expire on March 31, 2021. We believe extending this authority given the prolongation of the global pandemic is critically important to the resilience of our national security industrial base. Section 3610 has proven to be an important means of providing necessary relief during the pandemic to critical Intelligence Community industry partners—and particularly to small businesses that provide highly specialized capabilities—to retain key national security capabilities.

We look forward to working with you on this important matter.

Sincerely,

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today applauded an announcement by the new Chief of the U.S. Park Police (USPP) Pamela A. Smith that she will, as one of her first actions as chief, implement a nationwide body-worn camera program for USPP  by the end of the year. 

“It’s been more than three years since Bijan Ghaisar was shot and killed by U.S. Park Police and his family is still searching for answers to understand what happened to their son and brother that day,” said Sen. Warner. “While nothing will bring Bijan back, I am glad to see the new leadership of the Park Police taking steps that could help avert more needless tragedies. I have long supported federal funding for law enforcement body cameras because I think they help instill trust between officers and the public they serve. I congratulate Chief Smith on her historic appointment and look forward to working with her to increase safety and accountability on our federal lands.” 

Today Smith was named as the new Chief of United States Park Police. Smith is the first African American woman to lead the USPP, the nation’s oldest federal law enforcement agency.

###

WASHINGTON – Today U.S. Sen. Mark R. Warner (D-Va.) joined Sen. Ben Cardin (D-Md.) in introducing the Democracy Restoration Act (DRA/S. 481) that would end the permanent denial of voting rights for individuals with criminal convictions nationwide. The bill aims to eliminate the complicated patchwork of state laws that creates a lack of uniform standards for voting in federal elections, exacerbates racial disparities in access to the ballot box, and contributes to confusion and misinformation regarding voting rights.

“Voting is a fundamental right of citizenship and, under our Constitution, there is no legitimate justification for denying people who have paid their dues from having a voice in our democracy,” said Senator Cardin. “The United States is one of the few Western democracies that allows the permanent denial of voting rights for individuals with criminal convictions. This must end if we truly want to reintegrate ex-offenders as productive members of our communities.”

In 30 States, individuals with convictions may not vote while they are on parole and 28 of those States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. Several States deny the right to vote to individuals convicted of certain misdemeanors. These state laws deny citizens participation in our democracy and have a disproportionate impact on African Americans and other racial minorities Studies indicate that disenfranchisement is associated with an increased risk of recidivism. In 2020, more than five million individuals and as many as one in five African-Americans in some states were disenfranchised as a result of these laws.

The Democracy Restoration Act (S. 481) is endorsed by a large coalition of civil rights and reform, faith-based, and criminal justice groups. This includes the American Civil Liberties Union (ACLU), the Brennan Center for Justice at NYU School of Law, the Sentencing Project, and other organizations working on federal criminal justice reform. 

“The DRA is a critically important piece of civil rights legislation. The DRA makes our country more just, our democracy more inclusive, and our elections more participatory. The DRA makes space in the public square for second chances, for forgiveness, for redemption, and for love. Thank you, Senator Cardin, for continuing to be such a champion of the DRA,” said Myrna Perez, director of the Brennan Center's Voting Rights and Elections Program.

“The Democracy Restoration Act would begin to right the wrong of disenfranchisement by restoring the right to vote to returning citizens. Stripping the right to vote – a basic human right – is a relic of the Jim Crow era’s suffocating racism. Our democracy works best when all can participate,” said Sonia Gill, Senior Legislative Counsel, American Civil Liberties Union.

“The criminal justice system shouldn’t decide who gets a say in our democracy. One in 16 Black Americans cannot vote because of a felony conviction -- a rate almost 4 times greater than for people who aren’t Black. The racial injustices that permeate the U.S. criminal justice system now infect the electoral process. The Democracy Restoration Act would restore voting rights to millions of citizens released from prison; an important step to strengthen communities harmed for generations by oppressive laws,” said Kara Gotsch, Deputy Director of The Sentencing Project.

Senate cosponsors of the Democracy Restoration Act include U.S. Senators Tim Kaine (D-Va.), Tammy Baldwin (D-Wisc.), Cory Booker (D-N.J.), Patrick Leahy (D-Vt.), Richard Blumenthal (D-Conn.), Elizabeth Warren (D-Mass.), Chris Van Hollen (D-Md.), Bernie Sanders (I-Vt.), Tina Smith (D-Minn.), Mazie Hirono (D-Hawaii), Amy Klobuchar (Minn.), Richard Durbin (D-Ill.), Sheldon Whitehouse (D-R.I.), Ed Markey (D-Mass.), Chris Coons (D-Del.), Bob Casey (D-Pa.), Sherrod Brown (D-Ohio), Ron Wyden (D-Ore.), Bob Menendez (D-N.J.), Jeff Merkley (D-Ore.), Tammy Duckworth (D-Ill.) and Mike Bennet (D-Colo.).

As noted in the legislation, state disenfranchisement laws disproportionately impact racial and ethnic minorities. In recent years, African-Americans have been imprisoned at over 5 times the rate of Whites. More than 6 percent of the voting-age African-American population, or 1,800,000 African-Americans, are disenfranchised due to a felony conviction. In 9 States—Alabama (16 percent), Arizona (13 percent), Florida (15 percent), Kentucky (15 percent), Mississippi (16 percent), South Dakota (14 percent), Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 percent)—more than 1 in 8 African-Americans are unable to vote because of a felony conviction, twice the national average for African Americans.

Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In recent years, Latinos have been imprisoned at 2.5 times the rate of Whites. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 34 states Latinos are disenfranchised at a higher rate than the general population. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos.

The full text of the Democracy Restoration Act (S. 481) is available here. A section-by-section summary follows.

Section 1: Short title.

Section 2: Findings. 

• This section details some of the statistics and other problems associated with criminal disfranchisement laws, as well as the recent success of the Florida ballot initiative.
• There are no standard qualifications for voting in federal elections, so disparate state standards effectively determine who may vote in federal elections, and the same individual may be arbitrarily allowed to vote by one state, but barred by the next.
• The 48 states that prohibit voting by some or all people with convictions disproportionately disfranchise racial and ethnic minorities.
• Disfranchising citizens who are living and working in our communities hinders their rehabilitation and reintegration into society.

Section 3: Voting Rights Protected.

• This section guarantees all citizens the right to vote in elections for federal office regardless of felony or misdemeanor criminal conviction.
• An individual’s voting rights may be restricted, however, in elections that take place while s/he is incarcerated and serving a felony sentence.

Section 4: Enforcement of Federal Voting Rights.

• This section authorizes both the Department of Justice and individuals harmed by violation of this Act to sue to enforce its provisions.
• Unless an alleged violation occurs during the 30 days prior to a federal election, individuals must attempt to resolve grievances by providing notice to state election officials before they may file suit. State election officials have 90 days after receipt of a complaint to correct a violation, or 20 days if the complaint is filed within 120 days prior to a federal election. If a violation occurs within 30 days of a federal election, individuals may file suit immediately, without providing notice.
• Neither the Department of Justice nor aggrieved individuals may seek monetary damages.

Section 5: Notification of Restoration of Voting Rights.

• This section obligates state officials, the federal Bureau of Prisons, and the U.S. Probation and Pretrial Services System to provide written notification of the right to register and vote in federal elections to any individual who has been convicted of a criminal offense.
• Notice must be given at the time of sentencing in cases involving misdemeanor charges, and felony charges for which a sentence of probation-only is given.
• Notice must be given at the time of release from incarceration in cases involving felony charges pursuant to which an individual serves time in a correctional institution.

Section 6: Definitions.    

• “Correctional institution or facility” includes all public and private facilities in which individuals are incarcerated pursuant to criminal conviction, but does not include residential treatment centers.
• “Election” means any primary, special, runoff, or general election, including party conventions and caucuses held for purposes of nominating candidates, and elections held to designate delegates to a political party’s national nominating convention.
• “Federal office” means the positions of President, Vice President, and Senator, Representative, Delegate, or Resident Commissioner to the Congress of the United States.
• “Probation” means any period of probation imposed by a federal, state, or local court, without regard to conditions, or lack thereof, related to the person’s movement, payment of restitution, reporting or supervision.

Section 7: Relation to Other Laws.

• This section makes clear that this Act does not prevent states from providing more expansive federal voting rights than mandated herein.
• This Act also is not intended and should not be read to limit or replace the voting rights afforded by other federal laws, including the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.), the National Voter Registration Act (42 U.S.C. 1973gg et seq.), and the Help America Vote Act of 2002 (U.S.C. 20901 et seq.).

Section 8: Restriction on Use of Federal Funds.

• This section provides that federal funds may not be used to construct or improve correctional institutions unless the jurisdiction (includes state, unit of local government or person) that is served by the institution is: (1) in compliance with Section 3; and (2) has in place a program to notify people released from incarceration of their federal voting rights.

Section 9: Effective Date.

• This Act applies prospectively to any federal election held on or after its passage.

###

WASHINGTON – Today, U.S. Senators Mark Warner (D-Va.), Angus King (I-Maine), and Maggie Hassan (D-N.H.) sent a letter to the Federal Communications Commission (FCC), urging the Commission to administer the Emergency Broadband Benefit Program (EBBP) in a way that helps address the longstanding digital divides that block too many Americans from securing a reliable, affordable broadband connection. In their letter, the Senators encourage the FCC to design the program in a way that helps to establish a “durable, scalable model for future digital equity efforts,” and lays out specific steps to ensure that all Americans can access this essential 21^st century tool.

“As communities across the country continue to grapple with connectivity challenges as a result of the coronavirus pandemic, we have seen unprecedented reliance on telepresence services, including telework, online education, telehealth, and remote support services,” wrote the Senators. “Unfortunately, the already-existing digital divide has been further exacerbated by these disruptions, which have highlighted and furthered the broadband gap that too many American households still face. While Congress continues to work with the FCC and other Federal agencies on expanding broadband access to unserved and underserved areas through a number of programs, affordability remains a significant barrier to connectivity for far too many Americans. According to Pew Research, approximately half of non-broadband users’ given reason for lack of connectivity is prohibitive cost, and 44 percent of households earning $30,000 or less do not have broadband. With the establishment of the Emergency Broadband Benefit Program, and with proper, forward-looking implementation, we believe we can make a substantial difference in supporting broadband affordability for the most vulnerable Americans.

“First, while the EBBP will sunset after the end of the coronavirus pandemic, it presents a unique opportunity for the FCC to look at how to address the broadband affordability issue long-term and starting to think now about the longevity of cost support well beyond this program,” the Senators continued. “As we know, the ultimate end to the pandemic will not signify the end to the digital divide, and the efforts that we put forth now toward encouraging digital equity must represent a durable, scalable model for future digital equity efforts.

The letter from Senators Warner, King, and Hassan goes on to lay out additional steps that the FCC should take in order to maximize the reach and impact of the EBBP both during this crisis and in the long-term. Specifically, the Senators highlight the value of collaborating, with state and community partners, urge the commission to set the eligibility criteria as broadly as reasonably possible, and emphasize the importance of supporting newer or smaller broadband services, many of which operate in historically underserved areas.

“Finally, it is important to make access to the EBBP benefits streamlined and accessible - both for providers and households, including subscribers of newer broadband service. The program will be most successful when eligible households are readily able to participate without overly cumbersome or restrictive requirements,” added the Senators.

“Closing the digital divide is of critical importance to our economic future and we look forward to continuing to work with you to ensure every American has access to affordable high-speed broadband, regardless of one’s household income or the zip code of where one lives,” the Senators concluded. “We appreciate your history of leadership on connectivity issues and working to close the digital divide. We believe that the EBBP presents an exciting opportunity to address the digital divide and affordability barriers to broadband access. With proper implementation and collaboration with state and local partners, it can allow all members of our communities to better participate in a 21^st century society and economy, both during the coronavirus pandemic and beyond.”

The full letter can be downloaded HERE or read below

+++

The Honorable Jessica Rosenworcel

Acting Chairwoman

Federal Communications Commission

45 L Street, NE

Washington, DC 20554

Dear Chairwoman Rosenworcel,

We write to you today regarding the Federal Communication Commission’s (FCC) invitation for public comment on how to administer the FCC’s Emergency Broadband Benefit Program (EBBP). As you know, the EBBP was created by the Consolidated Appropriations Act of 2021 (P.L. 116-260) and offers eligible households discounts on broadband service during an emergency period related to the coronavirus pandemic. We appreciate the opportunity to share our input and perspective on this vital issue to ensure that the program is utilized to its fullest potential.

As communities across the country continue to grapple with connectivity challenges as a result of the coronavirus pandemic, we have seen unprecedented reliance on telepresence services, including telework, online education, telehealth, and remote support services. Unfortunately, the already-existing digital divide has been further exacerbated by these disruptions, which have highlighted and furthered the broadband gap that too many American households still face. While Congress continues to work with the FCC and other Federal agencies on expanding broadband access to unserved and underserved areas through a number of programs, affordability remains a significant barrier to connectivity for far too many Americans. According to Pew Research, approximately half of non-broadband users’ given reason for lack of connectivity is prohibitive cost, and 44 percent of households earning $30,000 or less do not have broadband.[1] With the establishment of the Emergency Broadband Benefit Program, and with proper, forward-looking implementation, we believe we can make a substantial difference in supporting broadband affordability for the most vulnerable Americans.

First, while the EBBP will sunset after the end of the coronavirus pandemic, it presents a unique opportunity for the FCC to look at how to address the broadband affordability issue long-term and starting to think now about the longevity of cost support well beyond this program. As we know, the ultimate end to the pandemic will not signify the end to the digital divide, and the efforts that we put forth now toward encouraging digital equity must represent a durable, scalable model for future digital equity efforts.

Second, it is important to collaborate closely with state/local partners and anchor institutions—first to provide education and outreach about the programs’ availability and incentivize participation within underserved communities, but also to ensure that the FCC can work in tandem with existing digital inclusion efforts on the state level. Community awareness of the program’s benefits and encouraging community partnerships are key to successful implementation, and will pair well with existing state-based programs promoting digital inclusion through adult education, equipment lending, and telehealth initiatives. 

Third, the intention of Congress in providing the EBBP benefits was to reduce consumer broadband costs to address the affordability barriers to wider broadband access. We all share the goal of ensuring that families facing difficult financial circumstances during the pandemic are not forced to choose between housing, food, and other necessities and internet service. In order to accomplish that objective, the FCC should set eligibility criteria as broadly as reasonably possible, including looking at how to incorporate newer providers and newer customers, while taking every appropriate measure to ensure that the full value of the program reaches the families that it is intended to benefit. It is incumbent on the Commission to ensure that participating providers are honestly and in good faith passing the full value of the benefit on to their customers.

Finally, it is important to make access to the EBBP benefits streamlined and accessible - both for providers and households, including subscribers of newer broadband service. The program will be most successful when eligible households are readily able to participate without overly cumbersome or restrictive requirements. Similarly, it is vital to include small, local Internet Service Providers (ISPs) in cost-sharing efforts. Many states across the country rely heavily on the efforts of regional ISPs for broadband expansion, especially to rural, historically unserved areas, and ensuring that program entry and reporting is accessible to all providers will contribute greatly to the success of the EBBP in areas with the most need.

Closing the digital divide is of critical importance to our economic future and we look forward to continuing to work with you to ensure every American has access to affordable high-speed broadband, regardless of one’s household income or the zip code of where one lives. We appreciate your history of leadership on connectivity issues and working to close the digital divide. We believe that the EBBP presents an exciting opportunity to address the digital divide and affordability barriers to broadband access. With proper implementation and collaboration with state and local partners, it can allow all members of our communities to better participate in a 21^st century society and economy, both during the coronavirus pandemic and beyond. Thank you for your attention to these matters.

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today announced that minority-owned and community-based lending institutions can now apply for grants through the U.S. Treasury Department to support, prepare for, and respond to the economic impacts of the COVID-19 pandemic. The funding is available as part of a record $12 billion investment to open up new credit opportunities for Black, Latino and low-income communities that Sen. Warner successfully fought to include in the $900 billion COVID-19 relief bill Congress passed in December.  

“Even before the pandemic, low-income communities and communities of color faced significant barriers in accessing credit and economic opportunity,” said Sen. Warner. “The economic crisis caused by COVID-19 has only exacerbated those inequalities. Today’s announcement by the Treasury Department is one step in helping low-income and minority communities recover and emerge from this unprecedented economic downturn with more opportunities than before.”

Surveys show that Black- and Latino-owned small businesses have been particularly hard-hit during the pandemic. Thousands of minority-owned small businesses have closed for good, in part due to difficulty securing bank loans and accessing assistance such as the Paycheck Protection Program. The Federal Reserve Bank of New York found that while overall small business ownership in the U.S. dropped 22 percent between February and April 2020, Black and Latino ownership dropped by 41 percent and 32 percent, respectively. Another recent survey revealed that almost 1 in 5 Black and Hispanic entrepreneurs expect to permanently close their doors within three months, compared to 14 percent of white small business owners.

In order to combat the hemorrhaging of jobs and economic opportunities during the pandemic, Sen. Warner in July teamed up with then-Sen. Kamala Harris (D-CA), Sen. Cory Booker (D-NJ) and a bipartisan group of colleagues to introduce the Jobs and Neighborhood Investment Act in order to strengthen the financial institutions that serve communities of color and increase lending to minority-owned businesses and lower-income borrowers. The effort secured endorsements from the Black Economic Alliance, the NAACP, the National Bankers Association, the National Urban League, the Center for Responsible Lending and a host of other advocacy organizations and civil rights groups. Sen. Warner was later able to secure provisions from the bill in the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, which was signed into law on December 27, 2020, providing an unprecedented $12 billion in funding for lenders that predominantly operate in underserved communities.

Today’s announcement by the Treasury Department releases an initial tranche of $1.25 billion in grant funding for eligible community development financial institutions (CDFIs) in order to expand the flow of credit into underserved, minority, and historically disadvantaged communities, helping small businesses stay afloat and expand operations while providing affordable access to credit for lower income borrowers. Additional funding will be made available in the coming months, as part of the largest single investment into minority-owned and community-based lending institutions in the nation’s history.

###

WASHINGTON – U.S. Senators Mark Warner (D-VA) and Marco Rubio (R-FL) reintroduced the Air America Act of 2021, bipartisan and bicameral legislation that would provide Air America employees federal retirement credit they earned. The legislation, first introduced by Warner and Rubio in July 2020, is identical to an amendment that Sen. Rubio filed to the Fiscal Year 2020 National Defense Authorization Act, and continues the Senator’s support for these Americans.

“I am proud to cosponsor this bill with Senator Rubio that will provide long-overdue recognition and retirement benefits to the brave men and women who flew for Air America,” Warner said. “Air Americans were instrumental to the U.S. war effort in Vietnam and Southeast Asia, courageously supporting troops, rescuing downed American pilots and sustaining casualties in the service of their country. Air America was on call until the very end of the war, including flying the last helicopters out of Saigon where they evacuated Vietnamese civilians and the U.S. Embassy. It is time they be honored with the recognition they deserve, and the grateful thanks of a nation.”

“The brave men and women employed by Air America who conducted operations during the Cold War, Korean War, and Vietnam War were critical to U.S. efforts,” Rubio said. “I’m proud to partner with Senator Warner, and our colleagues, to ensure that these Americans receive the long-overdue honor and recognition they deserve.”

Joining Warner and Rubio as cosponsors of the legislation are Senators Chuck Schumer (D-NY), Kirsten Gillibrand (D-NY), Jeanne Shaheen (D-NH), Dianne Feinstein (D-CA), Patty Murray (D-WA), John Cornyn (R-TX), Jacky Rosen (D-NV), Amy Klobuchar (D-MN), Mike Braun (R-IN), Bob Menendez (D-NJ), Ben Cardin (D-MD), Mike Rounds (R-SD), Bob Casey (D-PA), Chris Van Hollen (D-MD), Tina Smith (D-NM), Cory Booker (D-NJ), Mazie Hirono (D-HI), Bill Cassidy (R-LA), Josh Hawley (R-MO), Kyrsten Sinema (D-AZ), Joe Manchin (D-WV), Dick Durbin (D-IL), Catherine Cortez Masto (D-NV), Tammy Baldwin (D-WI), Jon Tester (D-MT), Tom Cotton (R-AR), and Alex Padilla (D-CA).

Representative Glenn Grothman (R-WI), and Carolyn Maloney (D-NY) introduced similar legislation in the House of Representatives.

Background: Air America was a wholly government-owned and operated corporation that conducted operations during the Cold War, Korean War, and Vietnam War. Their employees worked under the direct policy guidance of the White House, Department of Defense, and the Department of State while under the management of the Central Intelligence Agency (CIA).

Air America employed several hundred U.S. citizens, mainly flight crew members, and approximately 286 were killed in the line of duty while conducting covert operations in designated war zones. The last helicopter mission that rescued personnel from the rooftops in Saigon in 1975 was planned and executed by Air America and the United States Marine Corps.

Since 2009, the declassification of CIA Agency documents confirmed that Air Americans were employees of the U.S. Government at the time of their service and entitled to federal retirement credit based on the circumstances of their employment. Congress has maintained its interest in resolving the retirement situation of Air American employees for more than 15 years. During this process, the Office of Personnel Management, the Merit Systems Protection Board, the CIA and the Director of National Intelligence have all concluded that congressional action is required.

###