WASHINGTON – Today U.S. Sens. Mark R. Warner (D-VA), Ben Cardin (D-MD), Jeanne Shaheen (D-NH), and Tammy Baldwin (D-WI) introduced the Protecting Americans with Pre-existing Conditions Act, legislation that would prevent the Trump Administration from promoting “junk” health care plans that lack protections for people with pre-existing conditions and would increase costs for millions of Americans.  

“Junk plans will increase health care costs for millions of consumers while weakening protections for individuals with pre-existing conditions,” said Sen. Warner. “The Trump Administration should stop trying to undermine the success of the Affordable Care Act, and instead work with Congress on targeted, bipartisan fixes that will lower health care costs and expand access to comprehensive, affordable health care coverage.” 

Under new rules promulgated by the Trump Administration, states would be permitted to use federal subsidies to pay for these subpar health plans by utilizing a section of the Affordable Care Act (ACA) intended to give states additional flexibility to implement targeted improvements that expand coverage, reduce costs and provide more comprehensive benefits. Under the Trump Administration’s proposed policy, states will be permitted to increase out-of-pocket maximums and reduce the value of coverage, weaken essential health benefits, and implement changes increasing health care costs for the majority of beneficiaries as long as they can demonstrate that some people will see lower costs. As a result of this guidance, some Americans will have health coverage that doesn’t meet the ACA’s minimum standards, and millions of other Americans with pre-existing conditions could see their health care costs rise. 

As 42 Senators made clear in a December letter to Administration leaders, the Administration’s plan runs contrary to the intent of Congress in drafting and passing Section 1332 of the ACA. The Protecting Americans with Pre-existing Conditions Act would prohibit the Trump Administration from implementing the guidance released on October 22, 2018 weakening protections for pre-existing conditions.

“The Trump Administration’s efforts to expand the use of junk insurance plans is bankrupt of all sense and morality. Congress must act to protect Americans from being left with higher out-of-pocket costs for less services, which can put their health in jeopardy,”said Sen. Cardin. “Improving our health care system requires serious leadership and ideas, but so far, all the Trump Administration has done is continually attempt to undermine protections for people with preexisting conditions.”

“The Trump Administration’s continued efforts to sabotage the Affordable Care Act are increasing health care costs for millions of Americans,” said Sen. Shaheen. “By incentivizing consumers to choose junk health insurance plans, the administration is taking us back to a time when Americans could be denied health coverage for pre-existing conditions like cancer and diabetes and be forced to pay sky-high medical bills out of pocket. The American people don’t want to go back to those dark days. Our legislation will block the administration from promoting or providing tax incentives for these junk plans. This commonsense bill will ensure that we maintain the protections that patients count on. It’s time for the Trump Administration to stop sabotaging health care and instead work with Democrats to try and lower prescription drug prices and expand access.” 

“The Trump Administration has rewritten the rules on guaranteed health care protections that millions of Americans depend on. They have expanded of junk insurance plans that can deny coverage to people with pre-existing conditions and don’t have to cover essential services like prescription drugs, emergency room visits and maternity care,” Sen. Baldwin said. “Anyone who says they support health care coverage for people with pre-existing conditions should support this legislation. This is an opportunity for Democrats and Republicans to protect people’s access to quality, affordable health care when they need it most.”

In October, Senators forced a vote in the Senate on a discharge petition that would have blocked the Trump Administration’s rule to expand “junk insurance” plans. The measure was supported by 50 Senators, including one Republican. Ultimately, the petition did not receive the simple majority needed to pass the Senate and send it to the U.S. House of Representatives. 

The Protecting Americans with Pre-existing Conditions Act has been endorsed by Families USA, the American Lung Association, the American Cancer Society Cancer Action Network, the Leukemia & Lymphoma Society, the Epilepsy Foundation, and the American Heart Association. A copy of the bill is available here, and companion legislation has been introduced in the House of Representatives by Reps. Annie Kuster (D-NH), Don Beyer (D-VA), and Joe Courtney (D-CT).

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded Senate passage of a historic lands bill — S. 47, the Natural Resources Management Act — that permanently reauthorizes the Land and Water Conservation Fund (LWCF), a program that protects and preserves Virginia’s public lands. Sens. Warner and Kaine have been strong advocates for permanent reauthorization of LWCF. Authorization for the Fund expired at the end of last fiscal year.

“The Land and Water Conservation Fund is essential to preserving and protecting Virginia’s rich history and beautiful landscapes,” said the Senators. “By providing long-term security for this critical program, communities across the Commonwealth will be able to continue caring for our natural resources and history for future generations to enjoy.”

The LWCF provides states and local communities with technical assistance, recognition, and funding to help preserve their own history and create close-to-home recreation opportunities. In the span of four decades, Virginia has received more than $350 million in LWCF funding to protect dozens of national parks, wildlife refuges, forests, trails and more. This bipartisan package is supported by dozens of conservation and recreation organizations, including the National Wildlife Federation, the League of Conservation Voters, the Outdoor Industry Association, and the Nature Conservancy. 

The lands package also reauthorizes the Historically Black Colleges and Universities (HBCUs) Grant Program. Historically Black Colleges and Universities Grants support the preservation of sites on HBCU campuses that are listed in the National Register of Historic Places. Eligible projects include pre-preservation studies, architectural plans and specifications, historic structure reports, and the repair and rehabilitation of historic properties according to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Last year, Virginia Union, Hampton University, Virginia State, and Virginia University of Lynchburg received grants totaling $2.27 million under the HBCU grant program.

The lands package also includes a provision introduced by Sen. Warner that expedites access to national parks for Good Samaritans, or eligible search and recovery organizations, after they sign a liability waiver. Sen. Warner pushed for the legislative fix after Alexandria resident Jodi Goldberg’s brother Keith was killed and his body was left at the Lake Mead National Recreation Area near Las Vegas, Nevada in 2012. His family worked for 10 months to get the permits and secure a million-dollar liability insurance policy required by the National Park Service before it would allow a trained volunteer search and recovery team to search for his body in the national park. 

In addition, the bill includes language backed by Sens. Warner and Kaine, along with the entire Virginia delegation, that designates the George C. Marshall Museum and Research Library in Lexington as the National George C. Marshall Museum and Library.

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WASHINGTON – Congressman A. Donald McEachin (VA-04) led a letter, signed by every Democratic member of the Virginia Congressional Delegation, expressing opposition to the five Incidental Harassment Authorization (IHA) permits issued by the National Oceanic and Atmospheric Administration (NOAA) last November, and requesting the Trump Administration revoke these IHAs and refrain from issuing seismic airgun survey permits off the coast of Virginia. The letter also expresses opposition to the inclusion of the Commonwealth’s offshore area in the final 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program.

“Virginians have too much to lose when we prioritize polluters’ profits over the health and safety of our ocean and coastal communities,” said Congressman Donald McEachin. “Seismic airgun blasting can devastate marine life, including endangered species and essential fish stocks. History has shown us that offshore drilling accidents can irrevocably harm coastal communities’ economies, public health and marine life – and compromise military activities that are important to national security. The potential toll from an oil spill—in terms of damages, injuries, deaths, and other harms—is incalculable. I urge the administration to listen to Virginians, who have expressed vehement opposition to all forms of oil and gas exploration off Virginia’s coast.” 

“In Virginia alone, more than 20 communities have officially voiced their opposition to seismic surveys and offshore drilling, including Virginia Beach and Norfolk – Virginia’s most populous cities. The Commonwealth has a diverse and robust economy based on sectors like tourism, recreation, aquaculture, deepwater port commerce, and Department of Defense infrastructure. Moving forward with seismic testing and offshore drilling could threaten these critical engines of Virginia’s economy, along with the valuable ecosystems along the coast and within the Chesapeake Bay. These shores, and the ecosystems and jobs they support, are simply too vital to the Commonwealth to risk,” wrote the Members of Congress. “Our constituents remain concerned with the administration’s efforts to open the Commonwealth’s offshore area to oil and gas exploration and drilling. Accordingly, we again request that the Department of Commerce revoke these IHAs, and that the Department of the Interior deny all pending seismic survey permits for the Atlantic.”

“Assaulting our ocean with seismic airguns in search of dirty and dangerous offshore oil is reckless and wrong,” said Diane Hoskins, Offshore Drilling Campaign Director of Oceana. “Today’s letter calls on President Trump’s administration to do the right thing and protect Virginia from the harms associated with offshore drilling. Seismic airgun blasting threatens serious injury and even death to whales, dolphins and other marine life.  This dangerous blasting is being proposed so that companies can come in and drill for oil and gas off the Atlantic coast. Local communities and businesses up and down the East Coast have objected to expanded offshore drilling activities, like seismic airgun blasting.” 

Full letter text is available here and below. 

Background:

The issuance of the five IHA permits is a significant step in allowing companies to conduct widespread seismic airgun blasting in the Atlantic Ocean for the purposes of oil and gas exploration. 

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Link to release: https://mceachin.house.gov/media/press-releases/rep-mceachin-leads-members-va-congressional-delegation-letter-opposing-seismic

Dear Secretary Ross and Acting Secretary Bernhardt:

We are writing to express our opposition to the November 30, 2018 issuance by the National Oceanic and Atmospheric Administration (NOAA) of five Incidental Harassment Authorization (IHA) permits—a significant step in allowing five companies to conduct widespread seismic airgun blasting in the Atlantic Ocean for the purposes of oil and gas exploration. We request that the Department of Commerce revoke these IHAs, and that the Department of the Interior refrain from issuing final seismic survey permits for geological and geophysical exploration off the coast of Virginia. In addition, we oppose the inclusion of the Commonwealth’s offshore area in the final 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program.

The administration’s recent decision to issue these IHA permits runs counter to the explicit wishes of coastal communities up and down the Atlantic that would be at risk from offshore drilling and exploration. Over 240 localities on the East Coast and Florida’s Gulf Coast, 1,600 elected officials, 42,000 businesses, and 500,000 fishing families from Florida to Maine have all voiced their opposition to oil and gas activities.[1] They recognize that these activities have the potential for serious impacts on everything from tourism to fishing catch rates—important sectors of these local economies. 

In Virginia alone, more than 20 communities have officially voiced their opposition to seismic surveys and offshore drilling, including Virginia Beach and Norfolk – Virginia’s most populous cities. The Commonwealth has a diverse and robust economy based on sectors like tourism, recreation, aquaculture, deepwater port commerce, and Department of Defense infrastructure. Moving forward with seismic testing and offshore drilling could threaten these critical engines of Virginia’s economy, along with the valuable ecosystems along the coast and within the Chesapeake Bay. These shores, and the ecosystems and jobs they support, are simply too vital to the Commonwealth to risk.

Studies have shown that seismic airgun blasting, which involves loud, disruptive, and repeated blasting for days or weeks at a time, can have harmful effects on marine life, including endangered species and essential fish stocks. The repeated, loud noises from seismic airgun surveying could negatively impact the ability of marine life to feed, reproduce, and navigate. Whales and dolphins, which rely on hearing for all aspects of life, can be particularly impacted. The North Atlantic right whale—which is critically endangered—would face threats of particular severity.[2] The impacts of surveying could also potentially diminish fish stocks along Virginia’s coast, putting at risk these communities that rely upon commercial and recreational fishing.

Our constituents remain concerned with the administration’s efforts to open the Commonwealth’s offshore area to oil and gas exploration and drilling. Accordingly, we again request that the Department of Commerce revoke these IHAs, and that the Department of the Interior deny all pending seismic survey permits for the Atlantic. We also reiterate our request that Virginia’s offshore area be excluded from the Department of the Interior’s 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program for offshore drilling.

Thank you for your consideration. We look forward to your response.

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the following statement on President Trump’s Executive Order artificial intelligence (AI):

“AI holds enormous promise, with diverse applications across almost every imaginable sector and an array of implications in the national security context, as well. Our strategic competitors fully understand the stakes and have devoted enormous resources to outpacing the U.S. in this area. At the same time, if we’ve learned anything from the last two years, it’s that U.S. policy should be much more thoughtful in the consideration of emerging technologies – particularly in modeling their misuse. I applaud a number of aspects of the Executive Order, such as the proposal – mirroring the white paper I released last summer – to open federal data-sets to non-federal entities. 

“Overall, however, the tone of this Executive Order reflects a laissez-faire approach to AI development that I worry will have the U.S. repeating the mistakes it has made in treating digital technologies as inherently positive forces, with insufficient consideration paid to their misapplication. As I raised in my white paper, there are early indications that AI may contribute towards ‘winner-take-all markets’ – making it all the more important that our AI policies catalyze and sustain long-term competition and innovation. Similarly, the Administration’s Executive Order treats the impact of AI on the American workforce almost as an after-thought – relegating consideration of upskilling and retraining to existing federal programs.  

“Lastly, while the Executive Order explicitly references the activities of strategic competitors and adversarial nations, it offers little concrete guidance on how the U.S. should respond to adversarial and malicious uses of AI technologies by state and non-state actors alike, nor does it address instances where American technology companies are working in and with adversary nations in ways that undermine civil liberties, privacy, and American leadership.”

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WASHINGTON – U.S. Senators Mark R. Warner and Tim Kaine and U.S. Representatives Bobby Scott, Gerry Connolly, Don Beyer, A. Donald McEachin, Elaine Luria, Abigail Spanberger and Jennifer Wexton released the following statement:

“Like other Virginians, we have been devastated by these horrible developments. We are brokenhearted that the actions of Governor Northam and Attorney General Herring have reopened old wounds left by Virginia’s long history of slavery, Jim Crow segregation, and systemic racism. There’s no question that Virginians’ faith in their government and leaders has understandably been deeply shaken.

“We have each publicly called for Governor Northam to resign. 

“Yesterday, we were shocked and saddened to learn of the incident in the Attorney General’s past. The Attorney General has earnestly reached out to each of us to apologize and express his deep remorse. We understand that he is currently engaged in in-depth discussions with leaders and others in Virginia. The Attorney General must continue those conversations, and stand ready to answer questions from the public if he is to regain their trust.

“We are deeply disturbed by the account detailing the alleged actions of Lieutenant Governor Fairfax. We believe these allegations need to be taken very seriously, and we respect the right of women to come forward and be heard.

“We will continue in dialogue with one another and our constituents in the coming days, and evaluate additional information as it comes to light.”

WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), member of the Senate Finance Committee, and Susan Collins (R-ME), Chairman of the Senate Aging Committee, reintroduced bipartisan, bicameral legislation to reduce duplicative filing costs for small businesses seeking to make retirement plans available to their employees. The bill was sponsored in the House by Reps. Linda Sánchez (D-CA), member of the House Committee on Ways and Means, and Phil Roe (R-TN), member of the House Committee on Education and Labor.

“Employer-provided retirement plans give workers stability and strengthen our economy in the long run, but the process of offering these plans can be expensive and complex for smaller employers,” said Sen. Warner. “This bill would remove an unnecessary impediment and reduce filing costs, thereby making it easier for employers to promote the retirement security that workers deserve.” 

“Faced with an alarming $7.8 trillion shortfall in personal retirement savings, Americans simply aren’t saving enough to be able to afford a comfortable retirement,” said Sen. Collins. “When employers provide their employees with access to retirement plans, approximately 80 percent of them contribute.  This bipartisan bill will help promote retirement security by making it easier and less expensive for small businesses to establish retirement plans, increasing their accessibility to employees and helping to ensure that those who worked hard for decades do not spend their retirement in poverty.” 

“Too many Americans simply aren’t putting enough money away to be able to afford a secure retirement. It is no secret that women, especially women of color, are even farther behind in building adequate retirement savings due to continued pay inequality. By helping more small businesses provide workplace retirement plans we can give millions of hardworking families more financial peace of mind,” said Rep. Sánchez. “I’m proud to introduce this bipartisan, bicameral legislation to make it easier and less expensive for small businesses to establish retirement plans for their workers. This common sense legislation will help provide greater retirement security to more Americans.”

“It is imperative we do everything we can to encourage affordable and accessible retirement savings for all Americans,” said Rep. Roe. “This commonsense legislation will make it easier and less costly for small businesses to provide retirement plans for their workers by alleviating duplicative reporting requirements for plan administrators. I am proud to support this bill, which will promote a secure retirement for hardworking Americans.” 

A 2016 report by the Pew Charitable Trusts showed that only 22 percent of workers at small companies have access to a workplace savings plan or pension, compared to 74 of workers at firms with 500 or more employees.  

This legislation would allow employers and sole proprietors who participate in retirement plans to file a single aggregated Form 5500 – a required annual return that that provides compliance information to the Department of Labor (DOL) and the Treasury Department. Currently, employers are required to file separate forms to satisfy reporting requirements under the Employee Retirement Income Security Act and the Internal Revenue Code. By eliminating the need to report these two forms separately, this bill will remove unnecessary red tape and reduce costs for small businesses who wish to provide workers with retirement security. Under this bill, retirement plans would need to have the same trustee, fiduciary, plan administrator, plan year and investment menu in order to be eligible to file an aggregated Form 5500.

According to a 2016 survey conducted by the Transamerica Center for Retirement Studies, in collaboration with Aegon Center for Longevity and Retirement, only one-third of self-employed respondents indicated that they make sure they are saving for retirement. These self-employed workers, along with sole proprietors and small business owners, are the most likely to benefit from this legislation, as they are the most likely to establish retirement plans that meet the requirements necessary to file an aggregated Form 5500. 

To provide DOL and Treasury time to implement this change, this bill has an effective date of no later than January 1, 2023. A copy of the legislative text is available here.

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WASHINGTON — Today, U.S. Sen. Mark R. Warner (D-VA) met with Secretary of the Army Dr. Mark Esper and pressed him on what the Army is doing to resolve serious hazards in military housing reported at several bases in Virginia.

A recent investigation by Reuters alleged significant problems in base housing such as cockroaches, mice, mold and leaks, and described the difficulty that military families have encountered in getting the private management companies that own and operate the housing to address issues posing health hazards for families living in the homes. As part of its investigation, Reuters identified problems at several facilities across the country, including Fort Belvoir, Quantico, Oceana Naval Air Station, and other military bases in Hampton Roads. 

“Our nation’s military families deserve better than this. They deserve safe and healthy housing, free from mold, lead, pests, and other hazards,” said Sen. Warner. “In our meeting today, I told Secretary Esper that I expect the Army to make improving military housing conditions a top priority and hold accountable any companies who may have profited off the mistreatment of military families.” 

In November, Warner sent a letter to Secretary of Defense James Mattis regarding the “unacceptable conditions” documented in the homes. In the letter, he demanded a briefing from the Defense Department on the current situation, as well as a plan from DoD to ensure the safety of military families residing in private housing moving forward. 

In August, Sen. Warner – along with Sens. Tim Kaine (D-VA), David Perdue (R-GA) and Johnny Isakson (R-GA) – also pressed Secretary Esper to address problems with lead poisoning affecting families at several Army bases around the country, including Fort Belvoir.

This isn’t the first time Sen. Warner has intervened on behalf of military families experiencing health hazards in military housing. Back in 2011, dozens of military families stationed in Norfolk described problems with Lincoln Military Housing, one of the contractors identified in Reuters’ recent reporting. As now, the affected families – experiencing issues such as leaks, mold, and infestation – recounted major difficulties in getting the company or the Navy to take the complaints seriously. After Sen. Warner got involved, however, Navy brass and Lincoln executives pledged to improve their responsiveness, and the company took steps to address mold and other hazards.  

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

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Washington, D.C. – U.S. Senators Marco Rubio (R-FL), Chris Van Hollen (D-MD), Susan Collins (R-ME), Mark Warner (D-VA), Jerry Moran (R-KS), Elizabeth Warren (D-MA), and Doug Jones (D-AL) today re-introduced the ZTE Enforcement Review and Oversight (ZERO) Act, a bipartisan bill to enforce full compliance by ZTE, a Chinese state-directed telecommunications firm that repeatedly violated U.S. laws, with all probationary conditions in the Commerce Department’s July 2018 deal to lift the denial order’s seven-year ban against the export of U.S. parts and components to ZTE. If the Commerce Secretary cannot regularly certify ZTE’s full compliance with the deal and with relevant U.S. export controls and sanctions laws, the denial order’s crippling punishments will be reinstated against ZTE. 

“When it comes to violating U.S. sanctions and deceiving our government, ZTE is a repeat offender. Companies like ZTE threaten our security and compromise American interests but this administration has failed to hold them accountable. This much-needed legislation will force the telecom firm to play by the rules by imposing punitive measures if ZTE once again violates trade restrictions or its agreement with the U.S,” said Senator Warner, Vice Chairman of the Senate Select Committee on Intelligence.

“I am proud to reintroduce this bipartisan bill to hold the Chinese state-directed telecoms company, ZTE, accountable for repeated violations of U.S. exports controls and sanctions laws," Senator Rubio said. “China’s communist government continues to threaten our national security interests through state-directed actors and, while it was a mistake to strike a ‘deal’ with ZTE in the first place, this bill would ensure ZTE is held accountable if and when it cheats again.” 

“ZTE’s actions represent a threat to our national security. While we work on a broader strategy to combat China’s theft of advanced U.S. technology and brazen violation of U.S. law, we must act to ensure ZTE is not able to violate the current agreement with the Department of Commerce or break our laws. This bipartisan legislation will help hold their feet to the fire and should be considered without delay,” Senator Van Hollen said. 

“Having continuously violated American sanctions on Iran and North Korea, ZTE’s disregard for U.S. laws undermines our national security interests and cannot be tolerated,” Senator Collins said. “Our bipartisan bill would require the Department of Commerce to monitor ZTE and effectively put ZTE out of business if they are found to be noncompliant, ensuring the safety of our economy and national security.” 

“ZTE – with the support of the Chinese government – has repeatedly violated U.S. sanctions, and they must be held accountable for their actions,” Senator Moran said. “The bipartisan ZERO Act would authorize the Commerce Department to monitor ZTE and make certain they are not violating the current trade agreement. I urge my colleagues to support this legislation to protect our national security interests from bad actors and ensure ZTE faces severe penalties if they break the law again.” 

“ZTE must be held accountable for violating our sanctions laws and threatening U.S. national security interests, not given a slap on the wrist and allowed to do business in the United States,” Senator Warren said. “I’m glad to work with Senators in both parties on a bill to ensure that this company faces severe penalties if it breaks the law again or violates its settlement agreement.”

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) announced that he will be inviting a federal employee who works in Petersburg, Va., as his guest to the President’s State of the Union address on Tuesday evening. Cheryl Nazar, a nurse at a federal prison, is one of the thousands of federal employees who were hurt by the 35-day government shutdown, the longest in U.S. history.

“As a public servant working one of the most dangerous jobs in the country, for 35 days Cheryl had to continue providing care for inmates, despite the fact that her own safety and security was being compromised by the government shutdown,” said. Sen. Warner. “Since President Trump never took the time to meet with any federal workers during the shutdown, I hope Cheryl’s presence at the State of the Union will send a message that there are real people with real families who shouldered the burden of his shutdown, and make clear to the President that we can’t afford another.” 

On December 22, 2018, funding lapsed for the Federal Bureau of Prisons, furloughing up to half its 36,000-person staff and forcing the rest, including prison guards, to work for the duration without pay. During the shutdown, correctional officers were frequently forced to work extended shifts, resulting in potentially dangerous levels of fatigue. Other staff without the proper training were sometimes called upon to fill in for prison guards who, struggling to support their families without their regular paychecks, called out sick in order to work second jobs – leading to understaffed conditions that put the safety of prison employees like Cheryl Nazar, a nurse, at risk. 

As she faced increasingly dangerous conditions at work, Cheryl was also struggling to make ends meet without a paycheck. To weather the shutdown, Cheryl and her husband had to dip into their limited savings, which were close to exhausted by the time the government re-opened after 35 days. The Nazars also had to put their plans to buy a new home on hold as a result of the financial uncertainty caused by the shutdown. Although Cheryl received her back pay on Thursday, January 31, there is a growing fear that President Trump may again shut down the government when funding runs out on February 15 – once again putting Cheryl’s paycheck and security at risk.  

Virginia is home to more than 170,000 federal employees and thousands of federal government contractors. During the 35-day government shutdown, Sen. Warner focused on listening to Virginians affected by the shutdown and sharing their stories. He has introduced legislation to end the threat of future shutdowns and protect federal government workers from being used as pawns in political negotiations. To reduce the financial hardships caused by the recent 35-day shutdown, Sen. Warner introduced legislationthat the President signed into law, securing back pay for federal workers, and he has also sponsored bipartisan legislation to provide back pay to low- and middle-wage federal contractor service employees affected by the government shutdown. 

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WASHINGTON, D.C. – Today, U.S. Senators Mark Warner and Tim Kaine released the following statement after the Navy and Huntington Ingalls Industries announced a final contract to block buy two Ford-class aircraft carriers:

“A big congratulations is due to the Navy and Huntington Ingalls Industries for finalizing a deal that will save 4 billion in taxpayer dollars and help keep the country safe,” Senators Warner and Kaine said. “Virginia’s shipbuilders make the finest carriers in the world, and we have long pushed the Navy to make this smart investment by block buying the newest class of ships. We are also glad that this move will help provide stability for the Hampton Roads defense community, ensuring that the shipyards can maintain the workforce they will need to help us reach the Navy’s goal of a 355-ship fleet.”   

Warner and Kaine have long supported the block buying of aircraft carriers. As a member of the Senate Armed Services Committee, Kaine championed language that was included in the annual defense bill to allow for a block buy. Warner and Kaine both supported this effort in funding bills and discussed the benefits with military leadership.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, reintroduced legislation to modernize our antiquated security clearance system, reduce the background investigation backlog and ensure the government has the trusted workforce necessary to perform its national security and public safety missions. Last year, the U.S. Government Accountability Office (GAO) added the government-wide Personnel Security Clearance Process to their High-Risk List of federal areas in need of broad-based transformation or specific reform to prevent waste, fraud, abuse and mismanagement.  This legislation was first introduced in December 2018 and draws on provisions from the Intelligence Authorization Act for Fiscal Years 2018/2019, which was unanimously reported out of the Senate Select Committee on Intelligence in June 2018. 

Sen. Warner also wrote to acting White House Chief of Staff Mick Mulvaney, Director of National Intelligence Coats and other key officials, to reiterate his call for urgent and aggressive implementation of needed reforms. 

“The current vetting process for security clearances and positions of trust is too complicated, takes too long, costs too much, and fails to capitalize on modern technology and processes,” wrote Sen. Warner. “We are taking too many security risks and losing talented people who are not willing to endure a years-long process. Our current system is broken and needs a revolution.” 

“In order to achieve our shared objectives, we must avoid politicizing and delaying reform efforts,” he continued. “We must act now, especially amidst allegations of inappropriate granting and revoking of clearances and anxieties caused by the government shutdown.”

The Modernizing the Trusted Workforce for the 21st Century Act would:

• Hold the Executive Branch accountable for addressing the immediate background investigation backlog crisis.
• Provide a plan for consolidating the National Background Investigation Bureau at the Department of Defense.
• Implement practical reforms so that policies and clearance timelines can be designed to reflect modern circumstances. 
• Require that reforms be implemented equally for all departments, and for personnel requiring a clearance, regardless of whether they are employed by the government or industry.
• Strengthen oversight of the personnel vetting apparatus by codifying the Director of National Intelligence’s responsibilities as the Security Executive Agent.
• Promote innovation, including by analyzing how a determination of trust clearance can be tied to a person, not to an agency’s sponsorship. 

“PSC and the contractor community owe Vice Chairman Warner thanks for his tenacious and persistent focus on modernizing and streamlining the federal government’s security clearance processes,” said David J. Berteau, president and CEO of the Professional Services Council. “Excessive backlogs and wait times add risk to government missions, contract performance, and the ability of both the government and contractors to recruit and hire the talent we need. Enactment of the Modernizing the Trusted Workforce for the 21st Century Act will reduce these negative impacts while maintaining integrity in the system and better protecting our national security.”

“We deeply appreciate Senator Warner’s leadership on critical security clearance reform. For our members to attract and retain technology talent, we must seriously reduce the clearance cycle time. This is crucial for our ability to serve the nation effectively,”said Bobbie Kilberg, CEO of the Northern Virginia Technology Council.  

“While the security clearance backlog is slowly getting smaller, we need urgent steps to ensure the U.S. government and U.S. companies doing critical national security work can recruit, hire, and retain talented individuals to work on classified programs. AIA supports the Modernizing the Trusted Workforce for the 21st Century Act of 2018 as a positive step towards resolving the security clearance backlog and positioning us to employ the workforce essential to ensuring our security into the future," said Eric Fanning, President and CEO of the Aerospace Industries Association. 

Sen. Warner has been a strong voice on security clearance reform, urging the White House to prioritize reforms to the clearance process. 

During the recent partial government shutdown, Sen. Warner wrote to the Administration to ensure that federal employees did not have their security clearances jeopardized through no fault of their own, due to their loss of pay.

For more information on this legislation, click here. 

The bill is available here. The full text of the letter is available here and below.

January 31, 2019

The Honorable Mick Mulvaney

Acting White House Chief of Staff

The White House

Washington, DC  20503

The Honorable Margaret Weichert

Deputy Director of the Office of Management & Budget,

Acting Director, Office of Personnel Management

Chair, Performance Accountability Council

The White House

Washington, DC 20503

The Honorable Daniel Coats

Director of National Intelligence

Washington, DC 20511

The Honorable Joseph Kernan

Under Secretary of Defense for Intelligence

5000 Defense Pentagon

Washington, DC 20301-5000

Dear Mr. Mulvaney, Ms. Weichert, Mr. Coats, and Mr. Kernan:

I write you to reiterate my March 13 and September 25, 2018, letters to then-chief of staff John F. Kelly, calling for urgent and aggressive implementation of reforms to the government’s antiquated process for ensuring we have a trusted government and contract workforce.

The current vetting process for security clearances and positions of trust is too complicated, takes too long, costs too much, and fails to capitalize on modern technology and processes.  We are taking too many security risks and losing talented people who are not willing to endure a years-long process.  Our current system is broken and needs a revolution.  In order to achieve our shared objectives, we must avoid politicizing and delaying reform efforts.  We must act now, especially amidst allegations of inappropriate granting and revoking of clearances and anxieties caused by the government shutdown.

A new vetting paradigm should be built on a few basic principles, delineated in a bill I introduced last year and am reintroducing in the 116^th Congress, S. 3724, Modernizing the Trusted Workforce for the 21st Century Act of 2018.

·         Accountability: requiring plans for reducing the background investigation inventory to a steady state of roughly 200,000 from its high point of 725,000 in April 2018; consolidating the National Background Investigation Bureau (NBIB) in the Department of Defense; and maintaining transparency in the costs of background investigations; and ensuring reciprocity. 

·         Reform: rethinking the current suite of investigative methods; adopting consistent and clear policy for interim clearances, uniform treatment of government and contract personnel, and use of automated records checks; setting bold design goals to process applications for SECRET clearances in 30 days and TOP SECRET clearances in 90 days; and ensuring prompt reciprocity. 

·         Oversight: codifying the roles and responsibilities of the DNI as the government’s Security Executive Agent in statute.  

·         Innovation: employing a process that reflects current threats, a mobile workforce, and modern technologies; reduces the complexity of a five-tier system; enables sharing of derogatory information between and among government agencies and contractors; and reexamines which positions even need a clearance.

The good news is that I believe the executive branch is contemplating many of these reforms.  An executive order to consolidate NBIB at the Department of Defense has been under consideration for many months.  The Performance Accountability Council is poised to implement a Trusted Workforce 2.0 initiative with a comprehensive policy and process framework, but that first requires White House endorsement. 

I urge you to act swiftly and aggressively to push forward these much needed reforms.

I stand ready to help provide legislative and oversight leadership an effective, efficient, accountable, and fair process to ensure we have a trusted workforce.

Sincerely,

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