WASHINGTON, D.C. – U.S. Sens. Mark Warner and Tim Kaine (both D-VA) joined Sen. Ron Wyden (D-OR) and 39 colleagues in urging Treasury Secretary Steve Mnuchin against unilaterally cutting capital gains taxes for the wealthiest Americans by an additional $100 billion over 10 years, an action that would defy longstanding Justice Department policy.

The request follows a letter signed by 21 Republican senators urging Secretary Mnuchin to circumvent Congress and index capital gains rates to inflation.

“Indexing capital gains would double down on the 2017 $1.5 trillion tax giveaway with at least another $100 billion tax cut. According to the Penn-Wharton Budget Model, more than 86 percent of the benefit of indexing capital gains would go to the top 1 percent of taxpayers, while just 2.5 percent of the benefit would go to the bottom 90 percent of Americans,” the Senators wrote.

Along with Sens. Warner, Kaine, and Wyden, the letter is signed by Sens. Sherrod Brown (D-OH), Chuck Schumer (D-NY), Sheldon Whitehouse (D-RI), Michael Bennet (D-CO), Chris Van Hollen (D-MD), Jack Reed (D-RI), Tammy Baldwin (D-WI), Angus King (I-ME), Bob Menendez (D-NJ), Cory Booker (D-NJ), Ed Markey (D-MA), Amy Klobuchar (D-MN), Bob Casey (D-PA), Tom Carper (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Tom Udall (D-NM), Tina Smith (D-MN), Maria Cantwell (D-WA), Ben Cardin (D-MD), Jeanne Shaheen (D-NH), Catherine Cortez Masto (D-NV), Maggie Hassan (D-NH), Jeff Merkley (D-OR), Richard Blumenthal (D-CT), Patty Murray (D-WA), Chris Murphy (D-CT), Mazie Hirono (D-HI), Debbie Stabenow (D-MI), Bernie Sanders (I-VT), Pat Leahy (D-VT), Elizabeth Warren (D-MA), Brian Schatz (D-HI), Kirsten Gillibrand (D-NY), Gary Peters (D-MI), Chris Coons (D-DE), and Martin Heinrich (D-NM).

The full letter can be found here and below.

WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine joined Senator Patty Murray and 27 of their colleagues in sending a letter to Education Secretary Betsy DeVos urging the Department of Education to fulfill its duty by providing assistance to the 32,000 students that have been impacted by the recent and sudden closures of three for-profit college chains: Education Corporation of America, which operated Virginia College in Chesterfield; Vatterott Educational Centers; and Dream Center Education Holdings, which operated the now closed Argosy University’s Northern Virginia campus.  Recent Department of Education data shows that only 11 percent of the students eligible for “closed school” loan discharge have received the relief they are owed. Additionally, only 4 percent of those impacted have been able to continue their education at another college.

“Thousands of students and their families impacted by the sudden closure of for-profit college chains across the country deserve assistance in moving on with their educational careers and shedding the debt they acquired during a tumultuous experience with higher education,” wrote the Senators.

Instead of helping students who were cheated or defrauded by these predatory colleges, Secretary DeVos hired former for-profit college executives and lobbyists at the Department and abdicated her responsibility to investigate these institutions. She rescinded an Obama Administration-era rule to protect students from being scammed by for-profit colleges. Secretary DeVos has also refused to provide relief to cheated and defrauded students for over a year—leaving almost 180,000 students without answers, including many who have been struggling to pay back loans on worthless or non-existent degrees.

In addition to Warner, Kaine, and Murray, the letter is also signed by U.S. Senators Dick Durbin (D-IL), Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Tom Carper (D-DE), Bob Casey (D-PA), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dianne Feinstein (D-CA), Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Maggie Hassan (D-NH), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Ed Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CT), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Kyrsten Sinema (D-AZ), Tina Smith (D-MN), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), Ron Wyden (D-OR).

Full text of the letter is below and the PDF is HERE.

August 5, 2019

The Honorable Betsy DeVos

Secretary of Education

U.S. Department of Education

400 Maryland Avenue, S.W.

Washington, D.C. 20202

Dear Secretary DeVos:

We are extremely concerned by the U.S. Department of Education’s (“Department”) inadequate response to the recent abrupt closures of multiple institutions of higher education. Three major collapses of for-profit college chains, including those owned by Education Corporation of America (ECA), Vatterott Educational Centers, Inc. (“Vatterott”), and Dream Center Education Holdings (DCEH), have severely disrupted the lives of more than 32,000 students nationwide. The vast majority of those affected have not received meaningful assistance in continuing their education, nor have they received the debt relief owed to them under the law, after their lives were upended by the pursuit of profit over the interest of students.

Recent data provided by the Department shows how few of the former students from ECA, Vatterott, and DCEH have been able to continue their education elsewhere or discharge their debt. Just 11 percent of borrowers that the Department estimates to be eligible for a “closed school loan discharge” from the three for-profit college chains have received such discharge.[1] Just 4 percent of students who were enrolled at the time of the closures have successfully transferred to another college.[2] 

The Department has a duty to help students impacted by school closures. Providing such students with prompt information about loan discharge and transfer options is critical to allowing them to recover. The Department must, therefore, ensure that every closing institution of higher education carries out its regulatory requirement to “provide all enrolled students with a closed school discharge application and a written disclosure, describing the benefits and consequences of a closed school discharge as an alternative to completing their educational program.”[3]

As indicated by the Department’s own guidance, the underlying regulations have been in effect since July 1, 2017 and therefore were applicable when ECA, Vatterott, and DCEH closed.[4] However, when asked about its legal obligation to enforce this regulation, the Department recently and falsely stated that ECA, Vatterott, and DCEH were“not required to comply with the March 15, 2019 borrower defense guidance.”[5] The receivers and trustees of ECA, Vatterott, and DCEH must still ensure compliance with federal law. We, therefore, urge the Department to fulfill its responsibility to enforce applicable regulations and ensure students affected by these closures are fully informed of their options.

The Department also has the authority to help borrowers who left closing institutions more than four months (120 days) before the precipitous closures—often when the colleges were showing clear signs of financial instability, accreditation problems, or regulatory scrutiny.[6] Previous requests to extend the “120-day window” for closed school discharges for students who attended ECA, Vatterott, and DCEH colleges have gone largely unanswered. Yet, in recent information provided to Congress, the Department stated that “the Secretary has not issued a decision on whether to extend the date for determining eligibility for a closed school loan discharge” For any of the three college chains.[7] The Department’s extensive delay in making this important decision in each of these cases actively denies borrowers relief.

The Department should also more broadly examine the closed school loan discharge process. Data provided to Congress indicate that even borrowers who successfully discovered the option for such discharge and have submitted the application are experiencing high rates of denial. Nearly 60 percent of borrowers who submitted a closed school discharge application on or after January 20, 2017 have been denied, representing more than 35,000 borrowers.[8] Among students who specifically attended ECA, Vatterott, and DCEH, and submitted a closed school discharge application, fewer than half (44 percent) have actually been approved, leaving nearly 5,600 of these applicants in limbo.[9] When so many borrowers that submit a closed school discharge application are being rejected, the Department must reevaluate its processes to ensure that borrowers receive the support and assistance they need, deserve, and that Congress intended.

The Department must fulfill its obligations to assist students in the aftermath of a traumatic event such as a sudden school closure. To ensure that students receive the relief they deserve, we strongly urge the Department to:

1. Examine the full record of all press articles, accreditation agency sanctions, state agency notices, lawsuits, investigations, public complaints, discontinuation of programs, faculty layoffs, and any other adverse actions that may have reasonably caused students to leave their college to determine the dates for extensions of the 120-day window for closed school discharge for ECA, Vatterott, and DCEH.
2. After extending the discharge window, begin an outreach campaign, through all of its federally contracted servicers and debt collectors, to borrowers that are eligible for closed school discharge but have not yet successfully submitted an application or transferred to another institution. This outreach campaign should include proactive, outbound calls to borrowers who have submitted a closed school discharge application but have been denied.
3. Enforce its own regulations that closing institutions of higher education provide students with information regarding loan relief and transfer opportunities.
4. Reexamine its policies for processing closed school loan discharge applications to ensure students are quickly given the relief to which they are entitled under the law.
5. Publish quarterly information on closed school discharge applications by state (disaggregated by approved, pending, and denied), and the primary reasons for all denials, similar to information the Department publishes about other types of discharge.

Thousands of students and their families impacted by the sudden closure of for-profit college chains across the country deserve assistance in moving on with their educational careers and shedding the debt they acquired during a tumultuous experience with higher education. The anemic rates of approval for closed school discharge or transfer for these students threatens to erode their confidence in our system of higher education and in federal financial aid.

We urge you to take the above steps to assist the former students of ECA, Vatterott, and DCEH as soon as possible. If you have any questions, you may contact Bryce McKibben with the Senate Committee on Health, Education, Labor, and Pensions staff at (202) 224-5501. Thank you for your attention to this urgent matter.

Sincerely,

WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, and Jack Reed (D-RI), Ranking Member of the Senate Armed Services Committee, sent a letter to Secretary of Defense Mark Esper following a report that the Department of Defense (DoD) will reexamine the process for awarding a $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud-computing contract.

 “The integrity of our federal procurement process rests in large part on its insulation from undue political influence, so that sound technical and business judgements can be used to make data- and evidence-based decisions. The importance of political noninterference is especially important in the context of Department of Defense procurements, where procurement decisions must focus on cost, quality, performance and other considerations directly related to promoting our national security in an increasingly complex global environment,” wrote Sens. Warner and Reed to DoD Secretary Mark Esper.    

In their letter to the DoD, the Senators inquired about the possibility that political pressure may have led to DoD’s abrupt decision to pause the process for awarding the contract. Additionally, the Senators called on Secretary Esper to explain the reasoning behind DoD’s decision to reexamine the contract.

“Successful procurement programs foster an open, fair, and competitive process, and are informed by technical and acquisition expertise and an understanding of the planned operational environment. The federal government benefits from being served by a variety of providers, ensuring competition that will deliver the best cost, quality, and performance. There are already built-in mechanisms for independent review of potential conflicts of interest– some of which have already been used in the JEDI initiative,” the Senators continued. “We appreciate your desire to review this initiative as you take on your new role as Secretary, but we urge you to resist political pressures that might negatively affect the implementation of sound acquisition practices and of the cloud strategy.”

A copy of the letter is found here and below.

Dr. Mark T. Esper

Secretary of Defense

U.S. Department of Defense

1000 Defense Pentagon

Washington, D.C. 20301

Dear Secretary Esper:

We urge you to take appropriate steps to ensure that the ongoing Department of Defense initiative to a contract for commercial cloud computing services through the Joint Enterprise Defense Infrastructure (JEDI) program, is pursued in a manner that is consistent with the Department’s cloud strategy and serves the best interests of taxpayers and execution of DoD missions. 

The integrity of our federal procurement process rests in large part on its insulation from undue political influence, so that sound technical and business judgements can be used to make data- and evidence-based decisions. The importance of political noninterference is especially important in the context of Department of Defense procurements, where procurement decisions must focus on cost, quality, performance and other considerations directly related to protecting our national security in an increasingly complex global environment.  In particular, efficiently executing DOD’s cloud strategy, which emphasizes the appropriate evaluation and use of best available commercial services and systems, is extremely important to meeting the goals of the National Defense Strategy.

Successful procurement programs foster an open, fair, and competitive process, and are informed by technical and acquisition expertise and an understanding of the planned operational environment. The federal government benefits from being served by a variety of providers, ensuring competition that will deliver the best cost, quality, and performance. There are already built-in mechanisms for independent review of potential conflicts of interest– some of which have already been used in the JEDI initiative.

It is our understanding that the Department of Defense’s Chief Information Officer is moving towards concluding the competition for the JEDI contract, and appreciate his efforts to keep Congress informed during a lengthy process of protests by competitors and in the development and execution of a very complex and ambitious acquisition plan.  We appreciate your desire to review this initiative as you take on your new role as Secretary, but we urge you to resist political pressures that might negatively affect the implementation of sound acquisition practices and of the cloud strategy.

For these reasons, we request that you respond to the following questions:

Did anyone outside of the Department of Defense direct you to delay or cancel the JEDI program or the award of this contract?

Has the Department of Defense obtained new information relative to the program that was not available to the Inspector General, Government Accountability Office, or U.S. Federal Court of Claims?

What prompted the new examination of the JEDI initiative?

We look forward to receiving your responses within the next week. If you should have any questions or concerns, please contact Caroline Wadhams in Senator Warner’s office at 202-224-2418 and Arun Seraphin in Senator Reed’s office at 202-224-3871.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and Rob Portman (R-OH) reintroduced bipartisan legislation to improve burdensome employer reporting requirements under the Patient Protection and Affordable Care Act (ACA). The Commonsense Reporting Act of 2019 would streamline and modernize ACA reporting requirements, ensuring that the Treasury Department has the necessary data to determine availability of affordable coverage, while cutting down on unnecessary paperwork and administrative costs for businesses. Companion legislation was introduced in the House of Representatives by U.S. Reps. Mike Thompson (D-CA) and Adrian Smith (R-NE).

“Businesses in Virginia and across the nation are working hard to comply with our nation’s health care law, and we need to make sure they’re not being penalized due to flaws in the law,” said Sen. Warner. “By improving and modernizing the employer reporting system, this bipartisan legislation will take an important step towards making sure that our health care system works for everyone, including employers who strive to provide suitable coverage for their workers.”  

“We thank Senator Mark Warner for his leadership to improve the employer reporting system under the Affordable Care Act. Local businesses are challenged by extensive reporting requirements and paperwork mandates, especially with a flexible workforce. Capital Ale House supports commonsense, bipartisan legislation to streamline the employer reporting system and we appreciate Senator Warner’s efforts on this issue,” said Matthew Simmons, Co-Founder and President, Capital Ale House in Richmond, Va.

“The IRS’s employer reporting requirements offer a significant, complex challenge to Virginia small businesses and employees. With new legislation, Congress can take immediate action to relieve employers and employees of this annual reporting burden and unintended tax implications. We thank Senator Warner for advancing a bipartisan, streamlined solution under the Commonsense Reporting Act,” said Eric Terry, President, Virginia Restaurant, Lodging & Travel Association.

“The Commonsense Reporting Act moves employers to a voluntary reporting system and decreases the amount of information requested by the IRS and other agencies. This bipartisan legislation provides individual consumers with much-needed safety nets, employers with relief from the burdensome reporting requirements, and state and federal Exchanges with an additional tool to verify tax credit and subsidy eligibility. The federal government can lend businesses and workers a helping hand by streamlining burdensome reporting requirements and enacting this important reform, as employers would only need to report on employees that have purchased coverage through an Exchange rather than reporting for the entire workforce,” said Gary Cox, Ideal Insurance.

“I have heard from hundreds of employers in Ohio that have spent hundreds of administrative hours attempting to comply with the reporting requirements in the Affordable Care Act. This added time and resources has not improved the quality of health insurance employers offered but only further discouraged employers from offering health insurance and hiring more workers. This bipartisan bill will help streamline the reporting process by allowing employers to report information to the IRS prospectively, easing the burden for employers and employees,” said Sen. Portman.

“It’s critical to ensure that we are making health care as accessible as possible for patients and as easy as possible for businesses to offer. That’s why I am proud to reintroduce the Commonsense Reporting Act, a bipartisan bill to streamline the health insurance reporting process for employers and protect patients from unfair claw backs of their insurance subsidies by making tax credit determinations more accurate. This is a simple way to improve health care access for our communities and ensure businesses can better provide coverage,” said Rep. Thompson.

“Too often employers who provide health insurance are burdened with arbitrary reporting mandates such as those created by the Affordable Care Act. This legislation would create a more efficient reporting system, reducing the risk of surprise financial penalties for both employers and employees. I look forward to working with my colleagues to see this commonsense bill signed into law,” said Rep. Smith.

Currently, employers and insurers are required under the ACA to report health insurance coverage information to the Internal Revenue Service (IRS) at the end of the tax year. However, these retrospective reporting requirements create a heavy back-end burden for employers and can lead to reporting discrepancies that end up subjecting employers to IRS tax penalties as well as additional compliance costs and burdens.

The Commonsense Reporting Act of 2019 directs the Treasury Department to implement an alternative, voluntary reporting system that allows employers to report pertinent information about their health plan to the IRS before open enrollment begins. It also modernizes the system by allowing electronic transmission of employee and enrollee statements rather than requiring that this information be sent through the mail. The legislation also limits the collection of useless data and safeguards personally identifiable information by clarifying that the IRS can accept full names and dates of birth in lieu of dependents’ and spouses’ Social Security numbers.

The Commonsense Reporting Act has also been endorsed by American Hotel & Lodging Association, American Rental Association, American Staffing Association, Associated Builders and Contractors, Inc., Associated General Contractors of America, Auto Care Association, the Council of Insurance Agents & Brokers, Food Marketing Institute, HR policy Association, International Franchise Association, National Association of Health Underwriters, National Association of Wholesaler-Distributors, National Restaurant Association, National Retail Federation, Retail Industry Leaders Association, Society for Human Resource Management, NATSO for America’s Truck and Travel Stops, and National Association of Home Builders.

A summary of this legislation can be found here. The full text is available here.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Budget Committee, issued the following statement today following the Senate passage of the Bipartisan Budget Act of 2019, a two-year bipartisan budget deal that would suspend the debt ceiling until July 2021:

“Today I voted to preserve the full faith and credit of the United States and steer us away from another harmful government shutdown in the fall. By suspending the debt ceiling for two years, the bipartisan budget agreement guarantees that the United States will continue to pay our bills, while also preventing harmful sequester cuts that would hurt our military and jeopardize important programs that serve our veterans, prepare our children for the future, and rebuild our crumbling roads and bridges.

“Even with this deal, overall spending on education, research and development, homeland security, and other important investments will still be near historic lows as a percent of the economy. Our nation’s long-term fiscal challenges are real, but they are primarily due to declining tax revenue and a failure to reform our mandatory spending programs. It is disappointing that congressional and White House negotiators chose to pay for only a fraction of this deal, with fee increases and cuts to spending, when there are more sustainable and equitable ways we could have paid for this must-pass legislation. We should be asking large corporations and the wealthiest among us to contribute more—not putting $2 trillion in tax breaks that disproportionately benefit them on the nation’s credit cards. I continue to believe that we must do more to strengthen our nation’s balance sheet, so it is strong enough to sustain continued economic growth for the long term, and I urge my colleagues from both parties to more seriously address our financial challenges in the future.”

The legislation, which passed the House of Representatives on July 25 by a vote of 284 – 149, now heads to the President’s desk for approval.

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $9,771,259 in federal funding to support access to safe and affordable housing in Norfolk, Roanoke City, and Loudoun County. This funding, from the United States Department of Housing (HUD), was awarded through three grant programs – the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grants Program (ESG).

“We are happy to know that these federal dollars will help back efforts in Norfolk, Roanoke City, and Loudoun County to increase access to suitable, reasonably-priced housing for families who need it the most,” said the Senators.

The funding will be awarded as below.

The Community Development Block Grant (CDBG) Program provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing, and expanding economic opportunities, principally for low- and moderate-income persons:     

The HOME Investment Partnerships Program (HOME) provides formula grants to states and localities to fund a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership as well as providing direct rental assistance to low-income people. HOME is the largest federal block grant to state and local governments designed exclusively to create affordable housing for low-income households:

The Emergency Solutions Grants Program (ESG) provides funding to engage homeless individuals and families living on the street, improve the number and quality of emergency shelters for homeless individuals and families, rapidly re-house homeless individuals and families, and prevent families and individuals from becoming homeless:

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WASHINGTON — Today U.S. Sen. Mark R. Warner (D-VA) met with Jennifer Flynn, Superintendent of Shenandoah National Park, as well as Cedar Creek and Belle Grove National Historical Park, at Sen. Warner’s office in Washington, D.C.

In the meeting, Sen. Warner emphasized the need to pass the Restore Our Parks Act – bipartisan legislation to address the deferred maintenance backlog at national parks across the country. Recent figures from the National Park Service (NPS) show that the deferred maintenance backlog grew by more than $313 million last year – with a $100 million increase in Virginia alone. The maintenance backlog at Shenandoah National Park increased by more than $9 million in 2018, bringing its total to $88,765,195. The total overall cost of backlogged maintenance projects at NPS sites nationwide now reaches $11.9 billion, with Virginia accounting for over $1 billion of this backlog.

“Shenandoah National Park, like many national parks, is in dire need of maintenance,” said Sen. Warner. “If Congress fails to act, key infrastructure at the park will continue to deteriorate, harming the local economies and communities that rely on this national treasure. We need to properly invest in our national parks and their surrounding communities by passing the Restore Our Parks Act.”

According to the National Park Service, the 1.26 million visitors to Shenandoah National Park in 2018 spent $87 million in the surrounding communities. This visitor spending supports 1,077 local jobs and more than $116 million in economic output.

The Restore Our Parks Act has widespread support among legislators and conservation groups. It would reduce the maintenance backlog by establishing the “National Park Service Legacy Restoration Fund” and allocating existing revenues from onshore and offshore energy development. This funding would come from 50 percent of all revenues that are not otherwise allocated and deposited into the General Treasury, not exceeding $1.3 billion each year for the next five years.

The latest data on Virginia’s national park deferred maintenance backlog as of 2018 is available here.

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WASHINGTON – Today, U.S. Senators Tom Udall (D-N.M.) and Jeanne Shaheen (D-N.H.), along with Senate Democratic Leader Chuck Schumer (D-N.Y.), led the entire Senate Democratic Caucus in introducing the Democracy for All Amendment, a constitutional amendment to overturn Citizens United v. FEC and other disastrous court decisions, help get big money out of politics, and put power back in the hands of the American people.

The full text of the amendment is available HERE. A background summary is available HERE, and a section-by-section with FAQs is available HERE. 

Citizens United and other disastrous Supreme Court decisions have unleashed a flood of unlimited corporate spending in U.S. elections and opened the door for wealthy special interests to have an outsized voice in our government. These decisions have wrongfully equated money with free speech, and wrongfully determined that big, wealthy corporations have the same first amendment rights as people. The Democracy for All Amendment gives the power back to Congress and the states to set reasonable campaign finance rules and limit corporate spending in elections. The amendment would enshrine in the Constitution the right of the American people to regulate the raising and spending of funds in public elections, and curb the concentration of political influence held by the wealthiest Americans.   

“Thanks to Citizens United and other disastrous court decisions, our electoral system – and as a result, our democracy – have reached a crisis point,” said Udall. “Ever since the Supreme Court ruled to open the floodgates for unlimited corporate spending in our elections, secret special interest money has poured in – and drowned out the voices of the American people. And the door has opened even wider for the ultra-wealthy and well-connected to root themselves in our government and pull the levers of our democracy. Now, citizens are losing faith in our institutions because they have every reason to believe that their government no longer answers to them. It’s time to restore the power of the American people to regulate the out-of-control, secret spending in our elections, and make sure that our elections aren’t put up for sale to the highest bidder. Our Democracy for All Amendment would help unrig the system and put power back in the hands of all Americans, instead of a privileged and powerful few.”

“Since the Supreme Court’s decision in Citizens United, our political system has been flooded with money from special interest groups,” said Shaheen. “We have also seen the growing influence of dark money pouring into our elections. Dark money allows secret groups with hidden agendas, even foreign actors, to influence elections without disclosing their political donations. We need only look to the 2016 presidential election to understand the lengths that foreign adversaries are willing to go to attempt to influence our elections and sow confusion in the electoral process. This legislation would help shore up our elections from these malign efforts and also reclaim the integrity of our political process by ensuring elected representatives reflect the will of the public, not special interests.”

“The Supreme Court’s decision in Citizens United opened the floodgates for dark money to pour into our elections and tipped the scales in favor of the ultra-wealthy and the most powerful corporations,” said Schumer. “The Democracy for All Amendment would undo the tremendous damage done by this decision. It is the best antidote to the surge of unlimited, undisclosed money that’s poisoned our politics and deepened the swamp. Senate Democrats are determined to fix a system that remains beholden to big corporations and put power back in the hands of hardworking Americans.”

Companion legislation has been introduced in the House of Representatives by U.S. Representative Ted Deutch (D-Fla.). In addition to Udall, Shaheen, and Schumer, the Democracy for All Amendment is co-sponsored by the entire Senate Democratic Caucus: U.S. Senators Kamala D. Harris (D-Calif.), Amy Klobuchar (D-Minn.), Jeff Merkley (D-Ore.), Richard J. Durbin (D-Ill.), Ben Cardin (D-Md.), Ron Wyden (D-Ore.), Tammy Baldwin (D-Wisc.), Chris Van Hollen (D-Md.), Chris Coons (D-Del.), Ed Markey (D-Mass.), Richard Blumenthal (D-Conn.), Martin Heinrich (D-N.M.), Tim Kaine (D-Va.), Mazie Hirono (D-Hawaii), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Kirsten Gillibrand (D-N.Y.), Sherrod Brown (D-Ohio), Michael Bennet (D-Colo.), Elizabeth Warren (D-Mass.), Tina Smith (D-Minn.), Dianne Feinstein (D-Calif.), Tom Carper (D-Del.), Angus King (I-Maine), Bob Casey (D-Pa.), Catherine Cortez Masto (D-Nev.), Sheldon Whitehouse (D-R.I.), Jon Tester (D-Mont.), Cory Booker (D-N.J.), Debbie Stabenow (D-Mich.), Tammy Duckworth (D-Ill.), Chris Murphy (D-Conn.), Maggie Hassan (D-N.H.), Gary Peters (D-Mich.), Jacky Rosen (D-Nev.), Bob Menendez (D-N.J.), Patty Murray (D-Wash.), Jack Reed (D-R.I.), Maria Cantwell (D-Wash.), Mark Warner (D-Va.), Doug Jones (D-Ala.), Patrick Leahy (D-Vt.), Joe Manchin (D-W.Va.), and Kyrsten Sinema (D-Ariz).

“I was proud to preside over a hearing and lead the markup of this amendment as the chair of the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights in 2014.  While we successfully reported the amendment out of the Judiciary Committee that year, Republicans unfortunately filibustered it on the Senate floor,” Durbin said.  “And we know why.  They benefit from a broken campaign finance system that elevates the voices of special interests and wealthy donors over the millions of Americans who are worried about health care bills, housing costs, and tuition payments.  We must continue fighting to enshrine this amendment in our Constitution and ensure that our democracy is responsive to all Americans—not just corporations and multi-millionaires.

“The Supreme Court fundamentally misapprehended the nature of money in politics, and its decision has unleashed a corruption of inaction in Washington, where elected officials fear that action on issues like gun violence or climate change will lead a super PAC to spend $20 million and end their career,” said Bennet. “We need the Democracy for All Amendment to turn the page on Citizens United and reconnect the American people with our government.”

“Since Citizens United, we’ve seen a sharp rise of secretive, unregulated money in politics. We have no idea who is spending money on campaigns and candidates, and that is profoundly troubling for our democracy,” said Smith. “This amendment will help get big money out of politics and put power back in the hands of Americans.”

“Our campaign finance system is broken and Americans are fed up with big money influencing our elections. We should be making it easier for voters to make their voices heard, not drowning them out by allowing big money to pour into our campaigns. Forcing candidates to rely on big donors, powerful corporations and lobbyists for funding fundamentally threatens our First Amendment rights. Our democracy should actually represent the people we serve, not corporations and special interests,” said Murphy.

“The American public is rightfully angry about the torrents of corporate money — including all the secret money spent by shadowy groups — that has flooded our political system since the Supreme Court’s disastrous ruling in Citizens United. In our democracy, corporations should not be treated like people and voters should know who is spending gobs of money to influence their vote. That’s why I’m proud to join my colleagues in support of this constitutional amendment to end the corporate takeover of our elections by overturning the Citizens United decision. It’s time we finally end the outside influence of special interest spending that is corrupting our democracy,” said Van Hollen.

“Affordable health care or profits for drug companies?  Good schools for our kids or tax cuts for giant corporations? Real solutions to the climate crisis or more pollution robbing the next generation of their future?  If the government works for the privileged and powerful instead of for the people, we get the wrong answer every time,” said Merkley. “If we want to get serious about fixing the most pressing issues facing our nation, we need to put power back in the hands of the people—and that means overturning Citizens United.”

"Corporate special interests have an out-sized voice in Washington -- we must give power back to the people," said Hassan. "Granite Staters and Americans across the political spectrum agree: we need to reduce the influence of money in politics. I hope my colleagues on both sides of the aisle will join us in working to overturn the disastrous Citizens United decision."

“Supreme Court decisions like Citizens United opened the floodgates for super PAC spending in our elections. The Democracy for All constitutional amendment will block corporations and rich donors from buying elections to restore power and influence to the voters,” said Feinstein. 

“Nine years ago, the Supreme Court unleashed a flood of dark money into our elections with its Citizens United decision. Since then, corporate interests have funneled millions and millions of dollars to right-wing politicians who are packing our courts with ideologically-driven conservative judges who consistently rule in favor of corporations over individual rights,” Hirono said. “Everyday Americans should get to decide how our country should be run, not wealthy corporations and a handful of partisan, conservative judges. That’s why it’s so important that we restore democratic power to the American people by enacting this amendment.”

The Democracy for All Amendment is backed by a broad range of campaign finance and government reform advocates, including End Citizens United, People For the American Way, Public Citizen, American Promise, Common Cause, Free Speech For People, and Union of Concerned Scientists. Statements of support are available HERE.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) introduced legislation to add approximately 40 coastal acres of land to Fort Monroe National Monument, a move that would unify the two divided sections of Fort Monroe and achieve an unbroken coastline along the Chesapeake Bay. This legislation comes after the failure of the Trump Administration to accept approximately 40 acres of land from the Commonwealth of Virginia, which has offered to donate the land to the Department of Interior.

“With its rich history, Fort Monroe is unlike any other national monument. It’s uniquely positioned to tell some of our nation’s most significant stories on a compact and highly accessible site in the middle of an urban area,” said the Senators. “This legislation will finally unify Fort Monroe, from Old Point Comfort north to the end of the property, thus protecting the land’s iconic history and its recreational value on the Chesapeake Bay.”

Fort Monroe was built between 1819 and 1834 to protect the entrance to Hampton Roads. During the Civil War, Major General Benjamin Butler issued his famous "contraband decision” at Fort Monroe, ordering that escaped slaves who reached Union lines could not be returned to bondage. It was this courageous decision that earned Fort Monroe the nickname “Freedom's Fortress.”

In addition to adding approximately 40 acres of land in the eastern part of the Wherry Quarter, the Fort Monroe National Monument Land Acquisition Act would require the Secretary of the Interior to work with the Commonwealth to solve the issue of managing several non-historic buildings on the land.

“Transferring this parcel to the National Park Service will help connect and protect important natural, cultural, and historic resources at Fort Monroe. We look forward to Congress passing this important legislation.” – Matthew J. Strickler, Virginia Secretary of Natural Resources.

“We are very pleased that Senators Warner and Kaine have introduced a bill providing for the addition of 44 acres of Chesapeake Bayfront land to Fort Monroe National Monument. The addition of this critical land, to be generously donated by Virginia, will both physically unite the National Monument and permanently preserve more valuable Chesapeake Bay shoreline for the American people. This long awaited addition has been structured to minimize any additional costs for the National Park Service and will serve to increase the appeal of Fort Monroe overall, thus promoting the financial sustainability of Fort Monroe as a whole.” – Mark Perreault, President, Citizens for a Fort Monroe National Park.

“We commend Senators Warner and Kaine for their efforts to strengthen Fort Monroe by uniting divided sections of the monument into a contiguous national park. As the birthplace of the Civil War-era sanctuary movement, Fort Monroe serves as a powerful touchpoint for our nation’s history in regards to slavery, the Civil War and the civil rights movement. Since the monument’s creation in 2011, NPCA and our supporters have worked diligently to connect these lands to make one united park. Thanks to their leadership, visitors to Fort Monroe National Monument will enjoy the star fort and an unbroken coastline along the Chesapeake Bay, and learn just how much Freedom’s Fortress means for our nation and the Commonwealth of Virginia.” – Theresa Pierno, President and CEO, National Parks Conservation Association.

“The partnership between the Fort Monroe Authority and the National Park Service allows for the property at Fort Monroe to be seamlessly available to the public. This additional land will unify the beaches under one property owner and guarantee the public access for all future generations.” – Glenn Oder, Executive Director, Fort Monroe Authority.

Sens. Warner and Kaine have been longtime advocates of expanding Fort Monroe. In June 2018, the Senators, along with a bipartisan coalition of the Virginia Congressional Delegation, sent a letter to then-Department of Interior Secretary Ryan Zinke requesting that the Park Service accept the Commonwealth’s land donation offer.

The full text of the bill is available here.

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Washington, D.C. – Today, U.S. Senator Patty Murray (D-WA) and 43 of her fellow Democratic senators sent a letter to Department of Health and Human Services (HHS) Secretary Alex Azar slamming the Trump-Pence Administration’s new gag rule that compromises the Title X family planning program and the health care of millions of people who rely on Title X-funded providers for cancer screenings, STI screenings, contraceptive care, family planning services, and more. The letter came as the Administration’s minimal and conflicting guidance about its harmful rule has caused confusion and concern among providers. The Senators called on the Trump Administration to reverse course on the rule and maintain the essential care Title X-funded clinics provide for over four million patients nationwide.

“Over the past few weeks, the Department of Health and Human Services (HHS) has provided minimal and conflicting guidance to health care providers about how and when the Department intends to enforce the Trump Administration’s Title X rule. This rule will undermine the essential confidential nature of the patient-provider relationship at the nearly 4,000 health centers receiving Title X funding. It will also needlessly compromise health care for the millions of people who rely on the critical services provided by those centers, including comprehensive family planning and screening for diseases such as HIV and cancer. In light of this dangerous impact and the many concerns raised by health care providers, patients, and other stakeholders throughout the development of this rule, we believe the rule should be rescinded,” wrote the Senators.

“Four million patients who rely on Title X-funded programs now face limited options, as clinics and providers recognize the new regulation will force them to choose between receiving federal funds and upholding the confidential relationship between patient and health care provider,” the Senators warned.

The Trump Administration’s gag rule undermines the historically bipartisan Title X family planning program and will impact roughly 4,000 Title X-funded clinics operating in all 50 states. The rule interferes with the essential confidential nature of the patient-provider relationship and needlessly compromises health care for the millions of people—particularly poor and low-income patients—who seek care at Title X-funded clinics.

The letter was also signed by Senators Tom Udall (D-NM), Sheldon Whitehouse (D-RI), Sherrod Brown (D-OH), Tammy Duckworth (D-IL), Amy Klobuchar (D-MN), Tammy Baldwin (D-WI), Elizabeth Warren (D-MA), Mazie Hirono (D-HI), Jeanne Shaheen (D-NH), Ed Markey (D-MA), Dick Durbin (D-IL), Richard Blumenthal (D-CT), Bob Menendez (D-NJ), Chris Coons (D-DE), Maggie Hassan (D-NH), Debbie Stabenow (D-MI), Jon Tester (D-MT), Tina Smith (D-MN), Kirsten Gillibrand (D-NY), Ron Wyden (D-OR), Bernie Sanders (I-VT), Patrick Leahy (D-VT), Jacky Rosen (D-NV), Jack Reed (D-RI), Chris Van Hollen (D-MD), Michael Bennet (D-CO), Tim Kaine (D-VA), Chris Murphy (D-CT), Cory Booker (D-NJ), Martin Heinrich (D-NM), Maria Cantwell (D-WA), Chuck Schumer (D-NY), Angus King (I-ME), Catherine Cortez Masto (D-NV), Kamala Harris (D-CA), Dianne Feinstein (D-CA), Ben Cardin (D-MD), Gary Peters (D-MI), Bob Casey (D-PA), Jeff Merkley (D-OR), Tom Carper (D-DE), Mark Warner (VA), and Brian Schatz (D-HI).

Read the full letter below or access the PDF version HERE:

Over the past few weeks, the Department of Health and Human Services (HHS) has provided minimal and conflicting guidance to health care providers about how and when the Department intends to enforce the Trump Administration’s Title X rule. This rule will undermine the essential confidential nature of the patient-provider relationship at the nearly 4,000 health centers receiving Title X funding. It will also needlessly compromise health care for the millions of people who rely on the critical services provided by those centers, including comprehensive family planning and screening for diseases such as HIV and cancer.

In light of this dangerous impact and the many concerns raised by health care providers, patients, and other stakeholders throughout the development of this rule, we believe the rule should be rescinded. 

For decades, Title X-funded clinics have provided high quality health care to patients. The historically bipartisan program is intended to offer a full range of confidential and unbiased family planning services. Title X-funded clinics not only provide access to contraception, allowing women to choose whether and when to start a family, but also offer cancer and HIV screenings, STI screenings and treatment, and related preventive services. Four million patients who rely on Title X-funded programs now face limited options, as clinics and providers recognize the new regulation will force them to choose between receiving federal funds and upholding the confidential relationship between patient and health care provider. That is why health care providers, including the American Medical Association, Planned Parenthood, and the National Family Planning and Reproductive Health Association, and nearly half of all States have filed lawsuits against HHS to challenge this rule. 

In fact, health care providers have indicated the ideology-based restrictions put them in the untenable position of deciding between offering substandard care and withdrawing from the program, potentially compromising health care access for the poor and low-income patients who rely on them. Six in ten of the women who obtain publicly funded contraceptive care at a safety-net health center, receive that care through a Title X-funded center.  HHS should be seeking to increase access to contraceptive care, not advancing policies that sow confusion and make it harder for women to access the health care they need. 

We urge you to reconsider this harmful rule and instead work with health care providers to maintain policies that will help ensure that women have access to the family planning services, cancer screenings, and STI screenings and treatment that they rely on Title X-funded clinics to provide. Please contact Laurel Sakai with Senator Murray’s HELP Committee staff with any questions at (202) 224-7675.  

Sincerely,

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WASHINGTON – Today, the U.S. House of Representatives voted 333-96 to approve the Prevent All Soring Tactics (PAST) Act, bipartisan legislation introduced in the Senate by U.S. Sens. Mark R. Warner (D-VA) and Mike Crapo (R-ID) to protect horses from the abusive practice known as “soring,” in which show horse trainers intentionally apply substances or devices to horses’ limbs to make each step painful and force an exaggerated high-stepping gait rewarded in show rings. Although federal law currently prohibits soring, a report by the U.S. Department of Agriculture (USDA) Inspector General (IG) has found that some horse trainers often go to great lengths to continue this inhumane practice.

“Horses have been a part of our Commonwealth’s history and culture since the settling of Jamestown, and like all animals, they deserve to be treated with care and compassion,” said Sen. Warner. “Now that the House has voted, on a bipartisan basis, to protect these animals from the cruel practice of inflicting deliberate suffering for show purposes, the Senate must act.”

The Prevent All Soring Tactics (PAST) Act would:

• Eliminate self-policing by requiring the USDA to assign a licensed inspector if the show's management indicates intent to hire one. Licensed or accredited veterinarians, if available, would be given preference for these positions.
• Prohibit the use of action devices and pads on specific horse breeds that have a history of being the primary victims of soring. Action devices, such as chains that rub up and down an already-sore leg, intensify the horse's pain when it moves so that the horse quickly jolts up its leg.
• Increase consequences on individuals caught soring a horse, including raising the penalty from a misdemeanor to a felony, which is subject to up to three years' incarceration, increasing fines from $3,000 to $5,000 per violation, and permanently disqualifying three-time violators from participating in horse shows, exhibitions, sales or auctions.

The PAST Act has support from the American Horse Council, American Veterinary Medical Association, American Association of Equine Practitioners, Humane Society Legislative Fund, Association of Prosecuting Attorneys, American Society for the Prevention of Cruelty to Animals, and Virginia Veterinary Medical Association, among others.

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WASHINGTON – Today, Senate Select Committee on Intelligence Chairman Richard Burr (R-NC) and Vice Chairman Mark Warner (D-VA) released “Russian Efforts Against Election Infrastructure,” the first volume in the Committee’s bipartisan investigation into Russia’s attempts to interfere with the 2016 U.S. elections.

Today’s installment builds upon the unclassified summary findings on election security released by the Committee in May 2018. This was the first volume completed due to the fundamental importance and urgency of defending our democratic elections. 

As part of its investigation, the Committee will also release final volumes examining the Intelligence Community Assessment (ICA) of Russian interference, the Obama Administration’s response to Russian interference, the role of social media disinformation campaigns, and remaining counterintelligence questions. The Committee has submitted its volume on social media for declassification review and intends to release the remaining installments in fall 2019.

Over the last two and half years, the Committee’s investigation has spanned more than 15 open hearings, more than 200 witness interviews, and nearly 400,000 documents.

Statement from Chairman Burr:

“In 2016, the U.S. was unprepared at all levels of government for a concerted attack from a determined foreign adversary on our election infrastructure. Since then, we have learned much more about the nature of Russia’s cyber activities and better understand the real and urgent threat they pose. The Department of Homeland Security and state and local elections officials have dramatically changed how they approach election security, working together to bridge gaps in information sharing and shore up vulnerabilities. The progress they’ve made over the last three years is a testament to what we can accomplish when we give people the opportunity to be part of a solution.

“There is still much work that remains to be done, however. I am grateful to the many states that provided their points of view, which helped inform our recommendations. It is my hope that the Senate Intelligence Committee’s bipartisan report will provide the American people with valuable insight into the election security threats still facing our nation and the ways we can address them.”

Statement from Vice Chairman Warner:

“When the Russians attacked elections systems in 2016, neither the federal government nor the states were adequately prepared. Our bipartisan investigation identified multiple problems and information gaps that hindered our ability to effectively respond and defend against the Russian attack in 2016. Since then – and in large part as a result of the bipartisan work done on this issue in our Committee – the intelligence community, DHS, the FBI, and the states have taken steps to ensure that our elections are far more secure today than they were in 2016. But there’s still much more we can and must do to protect our elections. I hope the bipartisan findings and recommendations outlined in this report will underscore to the White House and all of our colleagues, regardless of political party, that this threat remains urgent, and we have a responsibility to defend our democracy against it.”

You can read, “Volume I: Russian Efforts Against Election Infrastructure” here.

Key Findings and Recommendations:

• The Russian government directed extensive activity against U.S. election infrastructure. The Committee found the activity directed at the state and local level began in at least 2014 and carried into at least 2017. The Committee has seen no evidence that any votes were changed or that any voting machines were manipulated.

• Russian efforts exploited the seams between federal authorities and capabilities, and protection for the states. The Department of Homeland Security (DHS) and Federal Bureau of Investigation (FBI) are, by design, limited in domestic cybersecurity authorities. State election officials, who have primacy in running elections, were not sufficiently warned or prepared to handle an attack from a hostile nation-state actor.

• DHS and FBI warnings to the states in the late summer and fall of 2016 did not provide enough information or go to the appropriate people. The Committee found that while the alerts were actionable, they provided no clear reason for states to take the threat more seriously than other warnings.

• DHS has redoubled its efforts to build trust with the states and deploy resources to assist in securing elections. Since 2016, DHS has made great strides in learning how election procedures vary across states and how to best assist those states. The Committee determined DHS’s work to bolster states’ cybersecurity has likely been effective but believes more needs to be done to coordinate efforts.

• Russian activities demand renewed attention to vulnerabilities in U.S. voting infrastructure. Cybersecurity for electoral infrastructure at the state and local level was sorely lacking in 2016. Despite increased focus over the last three years, some of these vulnerabilities, including aging voting equipment, remain. As states look to replace machines that are now out of date, they should purchase more secure voting machines. At a minimum, any machine purchased going forward should have a voter-verified paper trail.

• Congress should evaluate the results of the $380 million in state election security grants allocated in 2018. States should be able to use grant funds provided under the Help America Vote Act (HAVA) to improve cybersecurity in a variety of ways, including hiring additional IT staff, updating software, and contracting vendors to provide cybersecurity services. When those funds are spent, Congress should evaluate the results and consider an additional appropriation to address remaining insecure voting machines and systems.

• DHS and other federal government entities remain respectful of the limits of federal involvement in state election systems. America’s decentralized election system can be a strength against cybersecurity threats. However, the federal government and states should each be aware of their own cybersecurity limitations and know both how and when to obtain assistance. States should remain firmly in the lead on running elections, and the federal government should ensure they receive the necessary resources and information.
• The United States must create effective deterrence. The United States should communicate to adversaries that it will view an attack on its election infrastructure as a hostile act and respond accordingly. The U.S. government should not limit its response to cyber activity; rather, it should create a menu of potential responses that will send a clear message and create significant costs for the perpetrator.

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