WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine released the following statement on the House of Representatives’ passage of legislation to immediately remove the ratification deadline for the Equal Rights Amendment (ERA), paving the way for full and equal protections to women in the Constitution. In November, Warner and Kaine cosponsored similar legislation in the Senate, S.J. Res. 6, with Senators Ben Cardin (D-MD) and Lisa Murkowski (R-AK) to remove the ERA deadline. Last month, the Virginia General Assembly passed a historic resolution to make Virginia the 38^th and final state needed to ratify the ERA. 

“We’re thrilled the House has passed legislation to ensure there’s still time to ratify the ERA, and we urge the Senate to follow suit. We’re so proud Virginia made history last month by becoming the 38th state to ratify the ERA. Passing this legislation in the Senate would honor the tireless work of all who worked on this historic effort,” said the Senators. “It’s unacceptable that one hundred years after ratification of the 19th amendment, women are still not explicitly recognized as equal under our Constitution. The ERA is critical to finally guarantee equal protections to women and bolster our ability to fight gender discrimination.” 

Article V of the Constitution contains no time limits for ratification of amendments, and the states finally ratified the Twenty-Seventh Amendment in 1992 regarding Congressional pay raises more than 200 years after Congress proposed it in 1789 as part of the original Bill of Rights. The ERA time limit was contained in a joint resolution, not the actual text of the amendment, and Congress has already once voted to extend the ERA ratification deadline. The bipartisan resolution sponsored by Warner and Kaine would put to bed any potential ambiguity over adding the ERA to the Constitution.

The Equal Rights Amendment would finally give women full and equal protection under the Constitution. It reads as follows:

Section 1.  Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

Section 2.  The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3.  This amendment shall take effect two years after the date of ratification.

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine, members of the Senate Budget Committee, released the following statements on President Trump’s Fiscal Year 2021(FY21) budget: 

“Simply put, the President’s budget fails Virginia. With the deficit at record highs thanks to the President’s massive tax cuts for big business and the wealthiest Americans, this proposal attempts to balance the budget at the expense of hardworking Virginians and investments in our local economy. It completely eliminates funding for the restoration and protection of the Chesapeake Bay – an ecological treasure and important economic engine that supports thousands of jobs. It repays our federal workers for their years of service with deep cuts to their retirement benefits. And instead of investing in our coal communities, the Trump budget would eliminate the Abandoned Mine Land Reclamation program that helps communities in Southwest Virginia invest in clean-up and economic revitalization efforts,” said Warner.

“This budget is yet another alarming example of the President’s attempts to leave the most vulnerable Americans behind. It slashes Medicaid, which 1.2 million Virginians rely on for their health care. It cuts food stamp benefits, which keep 695,000 Virginians from going hungry. And it guts other critical programs like community development block grants and home heating assistance. As we have done successfully in years past, we are going to fight on the Budget Committee to reject these harmful cuts and pass a budget that better reflects the needs of all Virginians,” said Kaine.

Below is a list of some of the impacts President Trump’s budget would have on Virginians:

Medicaid: The budget proposes cutting Medicaid by hundreds of billions of dollars over the next decade. The budget would give states the ability to pursue damaging work requirements, more stringent eligibility criteria, increased co-payments, and more. 

Supplemental Nutrition Assistance Program (SNAP): The budget would restrict access to SNAP, a safety net to prevent the most vulnerable Americans—particularly seniors and children—from going hungry.

Chesapeake Bay: The budget proposes to decimate the EPA Chesapeake Bay Program. These cuts would threaten key federal assistance that helps localities, farmers, and others take steps to reduce the pollution flowing into the Bay.

National Institutes of Health (NIH): The budget proposes $38 billion for NIH, a nearly $4 billion cut from FY20. Millions of Americans rely on NIH research to inform our understanding and development of new and innovative treatments for serious illnesses like cancer, Alzheimer’s disease, and more.

After School Programs: The budget would eliminate the 21st Century Community Learning Centers funding for afterschool programs, which would affect 20,504 children in Virginia.

Public Service Loan Forgiveness (PSLF): The budget would eliminate the PSLF program, denying Virginia’s hardworking public servants—such as teachers, nurses, and first responders, and other public service professionals—the loan forgiveness they earned.

Airports: The budget would eliminate Airport Improvement Program Discretionary grants. In FY19, these grants provided more than $64.8 million for airport improvements across the Commonwealth at both large and small airports.

Port of Virginia: The budget would eliminate the Port Infrastructure Development program. Previously funded at $225 million, funds from this program support critical infrastructure improvements at the Port of Virginia.

Shenandoah Valley Battlefields: The budget would eliminate the Heritage Partnership Program, funding to support the maintenance of Shenandoah Valley Battlefields.

Low Income Home Energy Assistance Program (LIHEAP): The budget proposes to eliminate LIHEAP, which was previously funded at $8.7 billion. This vital safety net program helps low-income households and seniors with their energy bills in localities across the Commonwealth.

Abandoned Mines: The budget would eliminate Abandoned Mine Land Grants, which provided $115 million in discretionary funds last year to help places like Southwest Virginia reclaim and repurpose abandoned coal lands.

Virginia Tribes: The budget would reduce housing block grants to tribes by more than one quarter. Virginia tribes rely on these funds to develop low-income housing.

Affordable Housing: The budget would eliminate the Choice Neighborhoods, Community Development Block Grant (CDBG), and HOME Investment Partnerships programs—programs that support the building and rehabilitation of affordable housing. In 2019, Virginia cities and counties received $57 million in CDBG grants and $25 million in HOME grants. In 2018, Newport News and Norfolk received $60 million in Choice Neighborhoods grants to build affordable housing in the Marshall-Ridley neighborhood and St. Paul’s area, respectively.

Economic Development Administration (EDA): The budget would eliminate the EDA. Virginia was awarded 12 EDA grants for $4 million in 2018, including funding to help the Commonwealth Center for Advanced Manufacturing (CCAM) build an apprenticeship academy and prepare young Virginians for jobs in a growing industry. 

Federal Employees: The budget would make federal employees’ health and retirement benefits more expensive for workers. 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded the U.S. Department of Agriculture’s (USDA) announcement that 84 counties and cities in Virginia are now eligible to apply for two programs that protect hemp producers’ crops in the 2020 growing season. The Multi-Peril Crop Insurance (MPCI) pilot program provides coverage for hemp producers in case of crop loss due to natural disasters. The Noninsured Crop Disaster Assistance Program (NAP) coverage protects against crop losses where no permanent federal crop insurance program is available. Virginia’s eligibility in the hemp crop insurance pilot program is a direct result of the Senators’ successful push for the Commonwealth’s inclusion. Virginia’s hemp producers may now apply for the programs by the March 16, 2020 deadline. 

“We are pleased that Virginia’s hemp producers will now be able to protect their crops in the event of unforeseen disasters,” said the Senators. “With Virginia positioned to be a top producer of industrial hemp in the country, these additional protections will help hemp growers tap into this thriving industry.”

The 84 counties and cities now eligible are: Accomack, Amelia, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Brunswick, Buckingham, Campbell, Caroline, Carroll, Charles City, Charlotte, Chesapeake City, Chesterfield, Clarke, Craig, Culpeper, Dinwiddie, Essex, Fairfax, Fauquier, Floyd, Fluvanna, Franklin, Frederick, Gloucester, Goochland, Grayson, Greene, Greensville, Halifax, Hanover, Henrico, Henry, Isle of Wight, James City, King And Queen, King George, King William, Lancaster, Lee, Loudoun, Louisa, Lunenburg, Madison, Mathews, Mecklenburg, Middlesex, Montgomery, Nelson, New Kent, Northampton, Northumberland, Nottoway, Orange, Page, Patrick, Pittsylvania, Powhatan, Prince Edward, Prince George, Prince William, Pulaski, Rappahannock, Richmond, Rockbridge, Rockingham, Shenandoah, Smyth, Southampton, Spotsylvania, Suffolk City, Surry, Sussex, Virginia Beach, Warren, Washington, Westmoreland, Wythe, and York. 

Hemp is distinct from marijuana in that it has a miniscule concentration of tetrahydrocannabinol (THC), and thus no narcotic capability. The plant is estimated to be used in more than 25,000 products, including agriculture, textile, recycling, automotive, furniture, food, nutrition, beverage, paper, personal care, and construction products. In 2018, the Senators sponsored a provision in the Farm Bill that removed hemp from the list of controlled substances, allowing Virginia farmers to grow and sell the plant as a commodity and making it eligible for crop insurance. According to recent VDACS data, there are now over 1,100 registered industrial hemp growers across the Commonwealth. 

In December 2019, the Senators backed two bipartisan, bicameral spending bills that provided $16.5 million in new funding to implement the Hemp Production Program. Additionally, in December, they urged USDA to make changes to its proposed hemp regulations to better help Virginia farmers seeking to grow industrial hemp. Recently, the Senators sent a letter to the USDA to expedite its review of Virginia’s Plan to Regulate Hemp Production to provide sufficient time for the General Assembly to update the Commonwealth’s hemp laws and address any potential deficiencies that may arise ahead of the 2020 growing season. 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) requested information from four U.S. Department of Veterans Affairs (VA) medical centers in Virginia and Washington, D.C. regarding their strategies for preventing suicide among the veterans and families they serve. In letters to Salem VA Medical Center, Hunter Holmes McGuire VA Medical Center, Hampton VA Medical Center, and Washington DC VA Medical Center, the Senators pushed the medical centers to take a more integrated approach to suicide prevention and asked for more information regarding each facility’s outreach efforts.

“We are writing to request more information on your efforts to prevent suicide in the veterans population you serve in the Commonwealth of Virginia,” wrote the Senators. “It is clear that a new and more creative approach is necessary to combat this crisis, especially given that only six out of the nearly 20 veterans who take their own lives everyday received healthcare services at the VA.”

According to a 2019 veteran suicide prevention report by the VA, more than 6,000 veterans per year have died by suicide across the United States since 2008 – an average of nearly 20 current or former servicemembers each day. Additionally, an estimated 135 surviving individuals are affected by each suicide, including include family members, friends, and coworkers, among others. The number of veteran suicides per year has risen by 6 percent since 2005, despite hundreds of millions of dollars set aside for suicide prevention efforts by the VA during this period of time.

In their letters, the Senators asked for more information regarding each facility’s efforts to lower suicide rates among veterans. Specifically, they requested information on how each facility is employing social media and technology, as well as partnerships with various community stakeholders and veteran services organizations to reach more veterans. The Senators also asked about each facility’s use of community-specific public health data to tailor its approach to suicide prevention, and about the provision of additional suicide prevention training for community and clinical service providers.

Noting that a significant portion of the veteran population does not qualify for VA healthcare based on socioeconomic or disability prerequisites, the Senators also underscored their efforts to address this problem. In the letters, they highlighted a piece of bipartisan legislation introduced by Sen. Warner to establish a new grant program to expand the reach of veteran suicide prevention services, as well as bipartisan legislation introduced by Sen. Kaine to explore innovative mental health treatment options to help veterans combat Post Traumatic Stress Disorder (PTSD) and other mental health issues.

In December, Sen. Warner visited the Hampton VA Medical Center, where he urged Director David Collins to quickly resolve high wait times and staffing challenges at the medical center. In his visit, Sen. Warner also expressed support for a partnership between the medical center and Virginia Beach Police to help lower suicide rates. Last week, language from a bipartisan bill introduced by Sen. Warner to help address the alarming rate of veteran suicide was included in comprehensive legislation passed by the Senate Veterans Affairs Committee to expand veterans’ access to mental health services.

Through his work on the Senate Armed Services and Health, Education, Labor, and Pensions (HELP) Committees, Sen. Kaine has been an advocate for investments in mental health services and suicide prevention efforts. In July 2018, Sen. Kaine urged Defense Secretary Jim Mattis to release data on suicide rates among military families.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and co-chair of the Senate Cybersecurity Caucus, issued the following statement regarding the Iowa caucuses:

“As the Department of Homeland Security has said, there is no indication that the failures associated with the app from last night’s caucuses were the result of malicious cyber activity.

“But the continuing chaos in Iowa is illustrative of our overall failure to take sufficient steps to protect the integrity of our election systems.   

“We need to look holistically at protecting the security, integrity, and resiliency of election systems – from registration systems, to e-poll books, voting machines, tabulation machines, and election night reporting systems. As the Senate Intelligence Committee has repeatedly emphasized, paper ballots are the least vulnerable to cyberattack, and at a minimum, all voter machines should have a voter-verified paper trail. What happened in Iowa last night underscores the necessity of all these measures were election-night systems to face a devastating hack.

“But what we’ve also seen that this chaos has created an environment where misinformation is now running rampant online, further undermining confidence in the democratic process. As we’ve seen in the past, foreign actors like Russia and China won’t hesitate to latch onto this kind of content in order to add to the domestic discord and distrust in our elections.

“As we get further into the 2020 primaries, what happened in Iowa is an early warning sign that Congress, local officials, and the social media platform companies have much more work to do to ensure the integrity of our elections.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, announced that he will vote in favor of the two articles of impeachment against President Trump.

In a speech on the floor of the U.S. Senate, Sen. Warner said in part, “The allegations against the President are grave. The House managers presented a compelling case based on the testimony of more than a dozen witnesses—Trump political appointees and career public servants who had the courage to speak truth to power. Their testimony, and the House managers’ case, present a clear fact pattern that even many of my Republican colleagues acknowledge is true. This evidence reflects a corrupt scheme to solicit foreign interference in support of the President’s re-election.”

Warner continued, “I will vote to convict the President because I swore an oath to do impartial justice and the evidence proves the charges against him are true. There must be consequences for abusing the power of the Presidency to solicit foreign interference in our election. If the Senate fails to hold him accountable we will be setting a dangerous precedent. We will be giving the green light to foreign adversaries and future presidents that this is okay. I will vote to convict the President because it is the Senate's constitutional responsibility to uphold this bedrock American principle: that no one is above the law, not even the President, and especially not the President.”

The full text of Sen. Warner’s remarks as prepared for delivery follows:

Madam President: I want to begin my remarks the way we began this trial: with the oath we each took to do impartial justice. Now, any other day we walk into this chamber as Republicans and Democrats. But in this trial, we have a much greater responsibility.

The allegations against the President are grave. The House managers presented a compelling case based on the testimony of more than a dozen witnesses—Trump political appointees and career public servants who had the courage to speak truth to power. Their testimony, and the House managers’ case, present a clear fact pattern that even many of my Republican colleagues acknowledge is true. This evidence reflects a corrupt scheme to solicit foreign interference in support of the President’s re-election. The President both unlawfully withheld aid to an ally at war with Russia and he withheld a White House meeting that would have strengthened our relationship with the democratically elected leader of Ukraine—a leader that was trying to prevent further Russian occupation of his country. The President used these powerful tools of American foreign policy as leverage to secure investigations into a political opponent as well as the “Crowdstrike” conspiracy theory— the notion that has been repeatedly debunked by our intelligence agencies that it was Ukraine, not Russia, that attacked our democracy in 2016.

Since this information came to light, the President has attempted to confound the House of Representatives’ constitutional role in the impeachment process. The White House issued a blanket refusal to provide any witnesses or documents, without any historical precedent or sound legal argument to support this position. For this reason, President Trump is also charged with obstruction of Congress.

Frankly, I understand some of the points the President’s defense team has raised concerning this second article of impeachment. There are legitimate questions to consider about executive privilege and separation of powers. But we cannot accept the “absolute immunity” argument this White House has invented. This absolute stance and the evidence we’ve seen about the President’s corrupt actions and intentions do not reflect a principled, good-faith defense of executive privilege. Rather it suggests an effort to deny Congress its Constitutional authority to investigate Presidential wrongdoing and, ultimately, to prevent exposure of the President’s conduct.

In reviewing this evidence, I have stuck to my oath of impartiality. I have tried to keep an open mind about what witnesses like John Bolton and Mick Mulvaney—people who were in the room with the President—could tell us. If anyone can provide new information that further explains the President’s actions, it is them. But I don’t see how the White House’s desperate efforts to block witnesses is anything but an admission that what they'd say under oath would not be good for this President. And I am deeply disappointed that the Senate could not achieve the majority necessary for a full, fair trial.

The defense of the President that we are left with is thin, legalistic, and frankly cynical. Instead of disputing the core facts, which are damning on their own terms, the President’s lawyers have resorted to remarkable legal gymnastics: The notion that even if the President did what he’s accused of, abuse of power is not impeachable. That foreign election interference is not a crime. That even calling witnesses to seek the truth about the President’s actions and motivations might somehow endanger the republic.

When Professor Dershowitz made his bizarre argument that abusing Presidential power to aid your reelection cannot be impeachable if you believe your own election to be in the national interest, I paid close attention—closer attention than I probably paid when I took his class back in 1977. But you don’t need a Harvard Law degree to understand what nonsense that argument is and where it could take us if followed to its logical conclusion. The framers wrote impeachment into the Constitution precisely because they were worried about the abuse of Presidential power. And if an abuse of power is what the framers had in mind when they crafted impeachment, then the two questions remaining in our deliberations are simple: did President Trump abuse his power and should he be removed from office?

The House managers have presented a compelling case that the President did pressure Ukraine to announce politically motivated investigations. A number of my Republican colleagues have acknowledged these facts acknowledged that what the President did was wrong. And frankly, it is clear why he did it. Does anyone here honestly believe Donald Trump wanted an investigation into the Bidens for any other reason than to damage Joe Biden politically and therefore aid in his own reelection? Time and again, the President has shown a willingness to attack anyone who stands in his way—Republicans, Democrats, members of his staff, members of this body. No one is off-limits. There is nothing out of character about this President using every available tool to damage an opponent regardless of their political party. I don’t fault the President for his unorthodox style. That is not an impeachable offense. The long list of things I disagree about with this President are not impeachable offenses, either. But the Constitution draws a line that is much clearer than the President’s lawyers have tried to argue.

The President crossed it. He abused his power. He commandeered America’s foreign policy not to advance America’s interests but to advance Donald Trump’s political interests. And despite his efforts to cover it up, he got caught. Now each one of us must vote: guilty or not guilty.

I will vote to convict the President because I swore an oath to do impartial justice and the evidence proves the charges against him are true. There must be consequences for abusing the power of the Presidency to solicit foreign interference in our election. If the Senate fails to hold him accountable we will be setting a dangerous precedent. We will be giving the green light to foreign adversaries and future presidents that this is okay. I will vote to convict the President because it is the Senate's constitutional responsibility to uphold this bedrock American principle: that no one is above the law, not even the President, and especially not the President.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) announced that he will be inviting a Medicaid recipient and health care advocate from Chesapeake, Va. as his guest to the President’s State of the Union address on Tuesday evening. Terry “Bean” White, who lost his private insurance in 2008 when severe arthritis forced him to give up his job in the Newport News shipyards, is one of nearly 400,000 Virginians who gained coverage under Virginia’s Medicaid expansion and who are in danger of losing their health care coverage if the Trump Administration is successful in its effort to overturn the Affordable Care Act (ACA) in court.

Mr. White, who has congestive heart failure and has been previously treated for prostate cancer, became eligible for coverage after the Commonwealth expanded Medicaid at the beginning of last year – a move that was made possible under the ACA. Prior to that, Mr. White incurred an enormous amount of medical debt and had no choice but to move in with his sister, her daughter, and her two-year-old granddaughter.

“Despite the Trump Administration’s best efforts to dismantle our nation’s health care law, people like Mr. White are proof that Obamacare is working for Americans, and that Medicaid expansion is thriving in Virginia,” said Sen. Warner. “Bean was a hard worker who lost his health insurance through no fault of his own and soon found himself drowning in health care debt – all while struggling to manage his medical conditions. Thankfully, he was able to access coverage after Virginia voted to expand Medicaid under the ACA. But now, under the Republican-backed lawsuit that seeks to wipe out our nation’s health law, hundreds of thousands of Virginians like Bean are at risk of losing the coverage that in many cases keeps them alive and stands between them and bankruptcy. I hope that his presence will serve as a reminder of the potentially devastating consequences if the Trump Administration’s shameful lawsuit succeeds in overturning the health care law Congress passed back in 2010.”

“It is an honor to be invited to the State of the Union and I would like to thank Senator Warner,” said Mr. White. “The senator understands that without the ACA some of us, like myself, wouldn't be here. I am diabetic and recently survived prostate cancer. If it weren’t for Medicaid expansion, I would pay about $7,000 a month in medication costs.”

In December, the Fifth Circuit Court of Appeals struck down the individual mandate as unconstitutional and remanded the Texas vs. United States lawsuit to the lower court, instructing it to rule on which parts of the ACA should be eliminated. If the President’s lawsuit is successful, more than 20 million Americans and nearly 400,000 Virginians could lose their health coverage, with costs going up for millions.

In Virginia, Medicaid expansion made more than 400,000 Virginians like Mr. White eligible for low- or no-cost health care coverage. As of January 2020, more than 375,000 people have actually enrolled in the program. Prior to this expansion, these individuals fell into a “coverage gap” due to incomes that were too high to be eligible for Medicaid, but too low to receive tax credits to purchase affordable coverage in the health care marketplace.

Sen. Warner has been a champion of health care access for all Virginians amid this Administration’s relentless efforts to dismantle our nation’s health care law in Congress and now in court. Last week, Sen. Warner denounced a new plan by the Trump Administration to allow and incentivize states to cut Medicaid funding, thereby undermining Medicaid’s critical financing structure and putting care for vulnerable Americans on the chopping block. Last year, Sen. Warner introduced legislation to allow Virginia, and any other states that expanded Medicaid after the 2014 deadline, to receive the same federal matching funds as states that expanded earlier under the terms of the Affordable Care Act. According to the Virginia Hospital & Healthcare Association, this bill would save Virginia’s hospitals an estimated $300 million per year in the first three years of implementation. Additionally, in October, Sen. Warner forced a Senate vote on a Congressional Review Act (CRA) resolution that would have overturned a Trump Administration waiver rule that destabilizes the nation’s health insurance market and weakens protections for three million Virginians with preexisting conditions.  

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) issued the following statement after the Trump Administration announced a new plan to allow and incentivize states to cut Medicaid funding, thereby undermining Medicaid’s critical financing structure and putting care for vulnerable Americans on the chopping block:

“I am very troubled by the Medicaid demonstration program announced today by the Trump Administration. Instead of focusing its efforts on improving and expanding access to health care coverage, this Administration continues down the road of undermining our nation’s health care system – this time by unveiling a proposal that will disrupt access to affordable health care for millions of Americans.

“It is clear the Administration is going to keep ignoring the repeated warnings of our physicians, hospitals and leading health experts across the country who have emphatically stated that such a proposal will lead to increased health care costs and reduced health care coverage. Plain and simple – this new demonstration program will allow states to cut essential and legally mandated health care benefits including coverage for behavioral health and substance use disorder, while increasing costs for other services across the board. Additionally, this rule will harm our ongoing efforts to combat the opioid and addiction epidemic and will increase the number of Americans without access to affordable health care coverage.”

In addition to allowing states to cut key Medicaid benefits and increasing costs for Medicaid expansion enrollees, the new Trump Administration rule allows states to deny retroactive health care coverage and payments to newly enrolled beneficiaries.

Sen. Warner, a longtime champion of access to health care, has been outspoken about the Trump Administration’s most recent effort to overturn the Affordable Care Act in court. Last year, he introduced legislation to allow Virginia, and any other states that expanded Medicaid after the 2014 deadline, to receive the same federal matching funds as states that expanded earlier under the terms of the Affordable Care Act. According to the Virginia Hospital & Healthcare Association, this bill would save Virginia’s hospitals an estimated $300 million per year in the first three years of implementation. Additionally, in October, Sen. Warner forced a Senate vote on a Congressional Review Act (CRA) resolution that would have overturned a Trump Administration waiver rule that destabilizes the nation’s health insurance market and weakens protections for three million Virginians with preexisting conditions.  

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) joined his colleagues in a bipartisan, bicameral letter to Department of Homeland Security (DHS) Acting Secretary Chad Wolf urging the Administration to immediately increase the statutory cap of H-2B visas for fiscal year 2020. The government funding bills that were signed into law authorize the DHS Secretary, in consultation with the Secretary of Labor, to release over 60,000 additional H-2B visas for the remainder of Fiscal Year 2020.

The H-2B temporary non-agricultural visa program is vital to helping small and seasonal employers across the Commonwealth sustain their businesses, and supporting Virginia jobs dependent upon seasonal business industries, such as seafood. H-2B visas are critical to ensuring Virginia’s seafood businesses, many of which have been family-owned for generations, have the labor force they need during peak harvest season.

“These American businesses depend on seasonal employment to meet the demand across many industries. Without immediate and meaningful H-2B cap relief, seasonal businesses will be forced to scale back operations, cancel or default on contracts, lay off full-time U.S. workers and, in some cases, close operations completely. By taking quick action to release additional H-2B visas, seasonal businesses and U.S. workers across the country will avoid these harmful consequences, and instead, help contribute to the American economy,” wrote the members of Congress.

In their letter, the members of Congress also emphasized that due to the continued low unemployment rate and the growing demand for H-2B workers, the Administration must promptly make these additional visas available.

Sen. Warner has a long record of fighting for Virginia’s seafood industry. Earlier this month, Sen. Warner met with Secretary of Labor Eugene Scalia to discuss the impact of the H-2B program on Virginia and urged him to work with DHS to release the additional H-2B visas as quickly as possible. Sen. Warner has also introduced bipartisan legislation to strengthen the H-2B visa program, requested an audit to determine the number of unused visas that could be made available to eligible petitioners, and has repeatedly pushed DHS to provide necessary relief in the event that the visa cap gets close to being reached. 

In addition to Sen. Warner, the letter was also signed by 188 members of Congress, including several members of the Virginia congressional delegation: U.S. Reps. Rob Wittman (R-VA), Gerry Connolly (D-VA), Morgan Griffith (R-VA), Elaine Luria (D-VA), Abigail Spanberger (D-VA), and Jennifer Wexton (D-VA).

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

The Honorable Chad F. Wolf

Acting Secretary

U.S. Department of Homeland Security        

3801 Nebraska Avenue, NW                          

Washington, DC 20528          

Dear Acting Secretary Wolf:

We write on behalf of seasonal businesses in our states from industries such as tourism and hospitality, landscaping, fairs and carnivals, seafood processing, golf courses, reforestation, contractors and horse racing, who continue to struggle with seasonal labor shortages that are made worse by the inadequate H-2B visa cap. Under the “Further Consolidated Appropriations Act, 2020”, the Secretary of the Department of Homeland Security (DHS), in consultation with Secretary of the Department of Labor (DOL), is authorized to provide expeditious H-2B cap relief for our local businesses’ upcoming seasonal labor needs.

These American businesses depend on seasonal employment to meet the demand across many industries. Without immediate and meaningful H-2B cap relief, seasonal businesses will be forced to scale back operations, cancel or default on contracts, lay off full-time U.S. workers and, in some cases, close operations completely. By taking quick action to release additional H-2B visas, seasonal businesses and U.S. workers across the country will avoid these harmful consequences, and instead, help contribute to the American economy.

The recently passed Fiscal Year 2020 Further Consolidated Appropriations bill provides DHS with the authority to lift the existing 66,000 H-2B visa cap. The language is identical to the language that was enacted in each of the past three years. In each of those years, DHS has provided supplemental cap relief in the amounts of 15,000, 15,000 and 30,000 respectively. While these supplemental visas helped some employers who were shut out of the program, they were not sufficient to satisfy the total need for H-2B workers. Additionally, these visas were not released until well into many businesses’ peak seasons, which caused significant harm to the seasonal industry. We urge you to release a significant number of additional visas as soon as possible to prevent this from happening in FY 20. According to the Department’s May 2019 rule entitled “Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program,” you are authorized to release 64,716 additional visas under this language.

As you know, the first half H-2B visa cap for FY 20 was reached on November 15, 2019, almost a month earlier than previous years. The DOL has certified the need for approximately 51,000 H-2B workers with a date of need between October 1 and March 31 with approximately 2,500 petitions still under review. Therefore, between 18,000 and 20,500 needed H-2B worker positions will remain vacant without the expeditious release of additional visas.

Additionally, the Office of Foreign Labor Certification (OFLC) announced that within the first 24 hours of opening the Foreign Labor Application Gateway System for peak filing season that opened on January 2, 2020, employers filed 4,930 applications for more than 87,298 worker positions with an April 1, 2020, or later, work start date. By the end of the filing deadline on January 6, 2020, OFLC had received a total of 5,677 H-2B applications requesting 99,362 worker positions. This is more than triple the number of visa applications currently available for the second half of the fiscal year.

As a result, we urge DHS to release the maximum number of additional visas without delay. Congress was clear in the report accompanying the “Consolidated Appropriations Act, 2020” that DHS rely on past rulemaking and act as quickly as possible in releasing additional visas. The report language states that, “USCIS is encouraged to leverage prior year materials relating to the issuance of additional H-2B visas, to include previous temporary final rules, to improve processing efficiencies.” As you know, the FY 19 temporary final rule was only released eight months ago, and there are no new legislative authorities or technical facts to review. Therefore, additional rulemaking should not be required.

Given the continued low unemployment and growing demand for H-2B workers, as evidenced by the recent number of applications for the second half of the fiscal year, we urge the Department to promptly make available all 64,716 additional visas authorized under the law as soon as possible. These vital American businesses depend on the expeditious release of a sufficient number of additional visas. We thank you in advance for your attention to this pressing matter.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined Sen. Patty Murray (D-WA) and 28 of their Democratic Senate colleagues in requesting updates on the Administration’s response to the outbreak of Novel Coronavirus (2019-nCoV) and information on the steps being taken to keep families safe.

This letter comes on the heels of an announcement by the Virginia Department of Health (VDH), which earlier today ruled out Novel Coronavirus in two of three Patients Under Investigation, who met both clinical and epidemiologic criteria for the coronavirus. Test results for a third individual from Northern Virginia are expected to be received later this week.

“We write to express concern about the rapidly evolving 2019 Novel Coronavirus (2019-nCoV), to urge your continued robust and scientifically driven response to the situation, and to assess whether any additional resources or action by Congress are needed at this time. A quick and effective response to the 2019-nCoV requires public health officials around the world work together to share reliable information about the disease and insight into steps taken to prevent, diagnose, and treat it appropriately,” wrote the Senators.

They continued, “Unfortunately, the 2019-nCoV outbreak follows troubling proposals from the Trump Administration to cut the budgets of core public health programs at home and abroad. Yet, outbreaks like this serve as a solemn reminder of the need for an unwavering commitment to global health security and the need for strong public health programs worldwide.”

Despite repeated calls by the Trump Administration for cuts to public health programs, the December budget deal backed by Sens. Warner and Kaine increased funding for the Centers for Disease Control and Prevention (CDC) and its Infectious Disease Rapid Response Reserve Fund, which provides the agency with an immediate source of funding to prevent, prepare for, or respond to an infectious disease emergency either at home or abroad.

Sen. Kaine has introduced the Saving Lives Through Better Data Act, bipartisan legislation to modernize public health data infrastructure so clinicians, state health departments, and the CDC can work together more quickly and seamlessly to identify and respond to health threats like the coronavirus.

In their letter to the Department of Health and Human Services (HHS), the Senators also requested that the Department provide information regarding the severity of the disease, the country’s capacity to diagnose cases, the steps being taken to prepare U.S. health care workers, the screening systems in place at U.S. airports, the status of a novel coronavirus vaccine, and more.

In addition to Sens. Warner, Kaine and Murray, the letter was signed by Sens. Maria Cantwell (D-WA), Sherrod Brown (D-OH), Dick Durbin (D-IL), Tammy Duckworth (D-IL), Tammy Baldwin (D-WI), Chris Murphy (D-CT), Jacky Rosen (D-NV), Jack Reed (D-RI), Kirsten Gillibrand (D-NY), Amy Klobuchar (D-MN), Michael Bennet (D-CO), Bob Casey (D-PA), Chris Van Hollen (D-MD), Richard Blumenthal (D-CT), Ed Markey (D-MA), Tina Smith (D-MN), Elizabeth Warren (D-MA), Maggie Hassan (D-NH), Kamala Harris (D-CA), Tom Carper (D-DE), Debbie Stabenow (D-MI), Chuck Schumer (D-NY), Jeff Merkley (D-OR), Robert Menendez (D-NJ), Ron Wyden (D-OR), Angus King (I-ME), Dianne Feinstein (D-CA), and Cory Booker (D-NJ).

A copy of the letter is available here and below.

Dear Secretary Azar,

We write to express concern about the rapidly evolving 2019 Novel Coronavirus (2019-nCoV), to urge your continued robust and scientifically driven response to the situation, and to assess whether any additional resources or action by Congress are needed at this time. A quick and effective response to the 2019-nCoV requires public health officials around the world work together to share reliable information about the disease and insight into steps taken to prevent, diagnose, and treat it appropriately.

Chinese health officials confirmed the first case of 2019-nCoV in Wuhan, Hubei Province, China in December 2019. Since then, the case count has exploded in China, with nearly 3,000 confirmed cases as of the writing of this letter. At least 80 people have died. Cases have now been confirmed on four continents. On January 21, the first U.S. case was confirmed in Washington state, where state and local public health officials quickly responded with support from the Centers for Disease Control and Prevention (CDC). A second U.S. case was confirmed in Chicago on January 24. Subsequently, CDC confirmed two cases in California and one in Arizona, bringing the total U.S. case count to five. Airport screening procedures have been put in place to screen all passengers arriving in the U.S. from Wuhan. In Wuhan, and across China, officials have enacted travel restrictions and canceled planned festivals to celebrate the Lunar New Year. Even with these steps, the case count in China is expected to continue to rise, along with additional cases in the U.S. and around the globe. The World Health Organization is monitoring the situation closely, but has determined it is too early to formally designate this as a Public Health Emergency of International Concern. A quick, robust, and comprehensive approach to this outbreak is critical, while also remaining aware that, according to CDC, “the immediate health risk from 2019-nCoV to the general American public is considered low at this time.”

Unfortunately, the 2019-nCoV outbreak follows troubling proposals from the Trump Administration to cut the budgets of core public health programs at home and abroad. Yet, outbreaks like this serve as a solemn reminder of the need for an unwavering commitment to global health security and the need for strong public health programs worldwide.

We recognize the situation is evolving quickly and appreciate the information you have already provided. We ask you keep us apprised of developments as they occur, including any information related to the following questions:

1)      What can Congress do to fully support the U.S. Government response to this outbreak?

2)      How many HHS officials are currently engaged in the 2019-nCoV response domestically and abroad and in what capacities?

3)      What is HHS's best current judgment about the clinical severity of this disease? 

4)      What is the current domestic diagnostic capacity? How many facilities across the country are able to diagnose 2019-nCoV?

5)      What is currently known about the risk 2019-nCoV poses to health care workers? How is CDC communicating with U.S. health care facilities to ensure providers remain healthy and safe? What additional guidance is being supplied to health care providers?

6)      How many passengers have been screened by the airport screening procedures that are in place at American airports? How many potential cases have been identified as a result of this screening? Are there any planned changes to airport screening procedures?

7)      What progress has been made on the development of a 2019-nCoV vaccine?

Thank you for your attention to this urgent issue.

Sincerely,

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WASHINGTON – With the General Assembly session scheduled to adjourn in March 2020, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today urged the U.S. Department of Agriculture (USDA) to expedite its review of Virginia’s Plan to Regulate Hemp Production, in order to provide sufficient time for the General Assembly to update the Commonwealth’s hemp laws and address any potential deficiencies that may arise following USDA review.

“Industrial hemp presents an unprecedented opportunity for Virginia producers, and it is critically important that state and federal guidelines provide certainty and security to our farmers,” wrote the Senators. “Expeditious review of Virginia’s Plan to Regulate Hemp Production is needed to provide VDACS and other state agencies with the information they need to run an effective hemp program for the 2020 growing season.”

"Virginia is poised to be a top producer of industrial hemp in the country. In 2019, the Virginia Department of Agriculture and Consumer Services (VDACS) registered over 1,200 growers to produce approximately 2,200 acres of industrial hemp. We expect these figures to grow substantially in 2020 and beyond,” they continued. “If Virginia’s Hemp Production Plan is not processed in a timely manner, we are concerned this could cause complications for the Commonwealth’s hemp program and our producers, who are eager to take advantage of this exciting opportunity.”

Hemp is distinct from marijuana in that it has a miniscule concentration of tetrahydrocannabinol (THC), and thus no narcotic capability. The plant is estimated to be used in more than 25,000 products, including agriculture, textile, recycling, automotive, furniture, food, nutrition, beverage, paper, personal care, and construction products.

Sens. Warner and Kaine have been strong supporters of hemp as an agricultural commodity. In 2018, the Senators sponsored a provision in the Farm Bill that removed hemp from the list of controlled substances, allowing Virginia farmers to grow and sell the plant as a commodity. More recently in September 2019, Sens. Warner and Kaine successfully secured Virginia’s inclusion in a pilot to develop a crop insurance program for industrial hemp. In December 2019, the Senators backed two bipartisan, bicameral spending bills that provided $16.5 million in new funding to implement the Hemp Production Program. Additionally, in December, they urged USDA to make changes to its proposed hemp regulations to better help Virginia farmers seeking to grow industrial hemp.

A copy of the letter is available here and below.

Mr. Bruce Summers

Administrator

United States Department of Agriculture (USDA) - Agricultural Marketing Service (AMS)

1400 Independence Ave SW

Washington, DC 20228

Dear Mr. Summers:

We write today concerning the Commonwealth of Virginia’s recent submission of its Plan to Regulate Hemp Production. In the interest of ensuring the success of Virginia’s burgeoning hemp industry, we encourage USDA to review the Commonwealth’s plan expeditiously to provide growers across Virginia the certainty they require entering the 2020 growing season.

Virginia is poised to be a top producer of industrial hemp in the country. In 2019, the Virginia Department of Agriculture and Consumer Services (VDACS) registered over 1,200 growers to produce approximately 2,200 acres of industrial hemp. We expect these figures to grow substantially in 2020 and beyond. Industrial hemp presents an unprecedented opportunity for Virginia producers, and it is critically important that state and federal guidelines provide certainty and security to our farmers.

Expeditious review of Virginia’s Plan to Regulate Hemp Production is needed to provide VDACS and other state agencies with the information they need to run an effective hemp program for the 2020 growing season. In addition, the Virginia General Assembly is currently in session, and if any deficiencies that require legislative updates are found in the Commonwealth’s plan, a quick review and response would be helpful to guide the legislature. Virginia’s General Assembly is scheduled to adjourn in early March 2020, which provides a relatively narrow window of opportunity for the legislature to address any potential deficiencies. If Virginia’s Hemp Production Plan is not processed in a timely manner, we are concerned this could cause complications for the Commonwealth’s hemp program and our producers, who are eager to take advantage of this exciting opportunity.

Thank you for your attention to this matter. We look forward to continuing to work with you to ensure the development of a viable U.S. Domestic Hemp Production Program. Please let us know if we can be of assistance moving forward.

Sincerely,

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WASHINGTON – After repeated delays and unresponsiveness by the U.S. Department of Justice (DOJ), U.S. Sen. Mark R. Warner (D-VA) sent a letter to U.S. Attorney General William Barr urging the agency to comply with the law and fully implement the Ashanti Alert system by the March 19^th deadline. This date was imposed by Sen. Warner, who successfully included language in the government funding bills directing the DOJ to take swift measures to get the critical life-saving alert system fully implemented. 

“I am profoundly disappointed that the Department has failed to implement the Ashanti Alert system in a well-organized and competent way.  I look forward to the Department’s report and expeditious implementation,” wrote Sen. Warner.

Sen. Warner is a champion of the Ashanti Alert system. On December 6, 2018, Sen. Warner secured unanimous passage of the Ashanti Alert Act through the Senate. In August 2019, he reiterated the need for the alert’s swift implementation, following a meeting with Principal Deputy Assistant Attorney General Sullivan. He has also previously demanded in-person meetings with the DOJ, repeatedly pressed the DOJ for implementation updates, and urged congressional appropriators to provide full funding for the timely implementation of the Ashanti Alert.

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

Dear Attorney General Barr:

Over a year ago, President Trump signed the bipartisan Ashanti Alert Act (P.L.115-401) into law.  I write today to draw your attention to language I included in the FY20 Consolidated Appropriations Act directing the Department of Justice to take swift measures to fully implement the Ashanti Alert system.  

Specifically, Congress directs the Department “to provide a report to the House and Senate Appropriations Committees no later than 30 days after enactment” of the FY20 Consolidated Appropriations Act (P.L. 116 –93) detailing progress on the implementation of the Ashanti Alert Act. Further, the language directs the report to set out a final deadline for implementation no later than 90 days after enactment.  As the FY20 Consolidated Appropriations Act was enacted on December 20, 2019, I will look for the Department’s initial report next week, which should include a plan for full implementation of the Ashanti Alert Act by March 19, 2020.

As I have noted in three previous letters, the Ashanti Alert system will save lives by closing the existing gap in our nation’s missing person alert systems.  This crucial public safety system is named in honor of Ashanti Billie, a 19-year-old who was abducted in Norfolk, Virginia on September 18, 2017.  Ashanti was found murdered – 11 days after she was initially reported missing.  Because of Ashanti’s age, she did not qualify for AMBER or Silver Alerts and thus critical resources were not used to locate her whereabouts.

I am profoundly disappointed that the Department has failed to implement the Ashanti Alert system in a well-organized and competent way.  I look forward to the Department’s report and expeditious implementation.

Sincerely,

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