WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine joined Senator Jeanne Shaheen and 43 of their Senate colleagues to introduce the International Climate Accountability Act to direct the Trump Administration to meet the standards established by the historic Paris Climate Agreement and to mitigate the long-term damage caused by the Trump Administration’s anti-environment actions. The International Climate Accountability Act would prevent the President from using funds to withdraw from the Paris Climate Accord and direct the Trump Administration to develop a strategic plan for the country to meet its commitment under the 2015 Paris Climate Agreement.

“Now more than ever, climate change poses a direct risk to the future of our Commonwealth, and nowhere is this risk more apparent than in Virginia’s flood-prone coastal communities,” said Warner. “Despite the Trump administration’s repeated attacks on settled science, the facts behind climate change are undeniable. The U.S. must maintain its place as a leader in the fight against climate change.”

“Climate change continues to be a threat not only to Virginia’s environment, but to our economy and security as well,” Kaine said. “The Administration’s disregard for science is dangerous, and Congress must step up to ensure the U.S. remains a leader in the global effort to combat climate change.”   

The bill makes clear that the Paris Climate Agreement is critical to strengthening international cooperation to reduce global greenhouse emissions and hold high-emission nations accountable, and recognizes the important role the Agreement plays in protecting and advancing U.S. economic interests and foreign policy priorities around the globe.

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

The legislation has been endorsed by the Center for American Progress, BlueGreen Alliance, Earthjustice, Environment America, Environmental Defense Fund, League of Conservation Voters, National Wildlife Federation, Natural Resources Defense Council, Sierra Club, Union of Concerned Sciences and additional organizations listed here in a letter of support.

Text of the legislation can be found here.

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WASHINGTON – U.S. Senators Jerry Moran (R-Kan.) and Mark R. Warner (D-Va.) – co-chairs of the Senate Aerospace Caucus – re-introduced S.1713, Aeronautics Innovation Act, to help boost innovation, research and development in the aeronautics industry. The bill would provide a five-year funding commitment to advance innovation and supplement research in the field.

In 2017, the U.S. aerospace and defense industry produced approximately 2.4 million jobs and generated $865 billion in economic output. However, without the proper strategy and investment, the U.S. risks falling behind other industrialized nations in developing and advancing the next generation of aircraft. Forecasts estimate that the world’s demand for passenger aircraft fleet above 100 seats will double over the next 20 years, generating new plane orders between 35,000 and 40,000 worth more than $5 trillion by 2035.

“The future of our aerospace industry depends on our commitment today in aviation research, testing and manufacturing,” said Sen. Moran. “As the Air Capital of the World, Kansas continues to play a prominent role in the national aerospace industry and for generations has been a leader in propelling the industry forward. Across the country – with the proper resources and the ability to continue attracting a strong workforce – the industry is poised to make groundbreaking discoveries, perfect new technology and build better and more efficient aircraft. The investment that can be made by passing this legislation will make certain that our successes can continue into the next generation.”

“In order for the U.S. to boost its competitive edge in aeronautics, Congress must enact policies that invest in long-term research and development,” said Sen. Warner. “With countries across the globe looking to profit from record demand in the coming years for commercial aircraft, competition is fierce to lead the way in developing next-generation technology. This bill lays out a blueprint for how the U.S. can lead the world in a new age of manufacturing, where we can build the safest, quietest, most-fuel efficient and environmentally friendly planes available. Virginia is home to a thriving aerospace industry with leading federal facilities such as NASA Langley, and this bill will continue to support the nation’s next-generation capabilities in this important industry.”

“We applaud Sen. Moran and Sen. Warner for introducing the Aeronautics Innovation Act and for supporting efforts of the aerospace industry to design and certify the next generation of aircraft,” said Spirit AeroSystems President and CEO Tom Gentile. “Spirit supports further collaboration between industry, NASA and other federal stakeholders. We look forward to participating in this new program.”

American industry leads the world, but we can’t maintain our competitive edge without government’s investments in science and research to feed into our innovation pipeline,” said Aerospace Industries Association President and CEO Eric Fanning. “The Aeronautics Innovation Act will provide important continuity and budget stability for aeronautics research, which helps boost our economy and strengthen our national security. We applaud Senators Warner and Moran for championing this legislation and look forward to continuing to work together to assure American technological superiority in air and space.”

“We applaud Senators Moran and Warner for introducing this bill, which supports critical innovations and recognizes the importance of aviation manufacturing in the U.S., an industry that creates over 500,000 jobs and produces over $342 billion in economic activity,” said General Aviation Manufacturers Association President and CEO Pete Bunce. “This legislation will support research in new sectors of the industry, including electric propulsion, simplified air vehicle operation and increased vertical takeoffs and landings, as well as research efforts on unmanned aircraft systems and supersonic flight. These rapidly developing initiatives will allow for safer and more efficient aviation products, provide more high-quality engineering and manufacturing jobs, further contribute to the economy and keep the U.S. competitive in the global aviation market.”

This legislation is endorsed by the Association for Unmanned Vehicle Systems International (AUVSI), the General Aviation Manufacturers Association (GAMA), Spirit AeroSystems and the National Institute for Aviation Research (NIAR) at Wichita State University.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance Committee and co-chair of the Senate Cybersecurity Caucus, wrote today to the CEO of Quest Diagnostics, asking for information on the company’s supply chain management and cybersecurity practices after the company reported on Monday that approximately 11.9 million Quest patients may have been compromised as a result of a breach to a system used by one of Quest’s contractors.

“While I am heartened to learn that no evidence currently suggests Quest Diagnostic’s systems were breached, I am concerned about your supply chain management, and your third party selection and monitoring process. According to a recent report, 20 percent of data breaches in the health care sector last year were traced to third-party vendors, and an estimated 56 percent of provider organizations have experienced a third-party breach,” Sen. Warner wrote in his letter to Stephen Rusckowski, Chairman, President and CEO of Quest Diagnostics.

Earlier this year, Sen. Warner sent letters to multiple health care associations and government agencies including the Food and Drug Administration, Department of Health and Human Services, Centers for Medicare and Medicaid Services, and National Institute of Standards and Technology, seeking more information about steps being taken to reduce cyber vulnerabilities in the health care industry, which has become a growing target for cyberattackers. In the letters, Sen. Warner pointed to apparent gaps in oversight, expressed concern about the impact of cyber-attacks on the health care sector, and conveyed his desire to work alongside stakeholders to develop strategies that strengthen information security.

In today’s letter to Quest, Sen. Warner asked the company to provide additional information regarding the breach and the company’s processes for selecting and monitoring sub-contractors and vendors.

The full text of the letter appears below. A copy of the letter is available here.

Mr. Stephen H. Rusckowski

Chairman, President and Chief Executive Officer

Quest Diagnostics                  

500 Plaza Drive          

Secaucus, NJ 0709

Dear Mr. Rusckowski,

On Monday June 3rd it was publicly reported that the data of an estimated 11.9 million of your customers were exposed by one of your bill collection vendors, American Medical Collection Agency (ACMA). According to your SEC filing, between August 1st 2018 and March 30th 2019, an unauthorized user had access to American Medical Collection Agency’s systems and data that included credit card numbers and bank account information, medical information, and other sensitive personal information like social security numbers. A statement by ACMA noted that the company was made aware of the breach by a security compliance firm that works with credit card companies. An internal review was then conducted by ACMA, which took down the web payments page, and notified law enforcement.

While I am heartened to learn that no evidence currently suggests Quest Diagnostic’s systems were breached, I am concerned about your supply chain management, and your third party selection and monitoring process. According to a recent report, 20 percent of data breaches in the health care sector last year were traced to third-party vendors, and an estimated 56 percent of provider organizations have experienced a third-party breach.  One set of major vendor breaches in the last year were caused by a third-party administrator for health insurance companies, and impacted Highmark BCBS, Aetna, Emblem Health, Humana, and United Health. 

In February of this year I queried a number of health care stakeholders seeking input on how we might improve cybersecurity in the health care industry. As I work with stakeholders to develop a short and long term strategy for reducing cybersecurity vulnerabilities in the health care sector, I would like more information on your vendor selection and due diligence process, sub-supplier monitoring, continuous vendor evaluation policies, and what you plan to do about your other vendors, given the vulnerability and information security failures of this one.

Having long been an advocate for transparency and reporting of data breach information, I commend your reporting and handling of the breach notification, but I am still concerned with the third party evaluation and monitoring process.

To gain a better understanding of this situation, I would appreciate answers to the following questions:

1.      Please describe your third-party vendor information security vetting process.

2.      If you secure a contract with a third-party to collect information from your customers, do you have a process for evaluating the standards used by that entity, the sub-supplier, to secure their information systems?

3.      What are your third-party vendor security and risk assessment requirements?

4.      What are your third-party requirements for how customer information is processed and stored?

5.      What are your third-party vendor requirements for data encryption?

6.      How are you ensuring that your other third-party vendors like ACMA are not similarly vulnerable to point of sale malware or other information security vulnerabilities?

Thank you for your attention to this important issue. I look forward to your response in the next two weeks.

Sincerely,

Mark R. Warner

United State Senator

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WASHINGTON - Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement following President Trump’s announcement that, beginning on June 10, the U.S. will impose a 5 percent tariff on Mexican imports. According to the Trump Administration, if Mexico does not stop immigrants from crossing the Southwest border, tariffs could incrementally increase to 25 percent by October 1 and remain at that level until the migration stops.

“President Trump’s escalating trade war will force families to pay more on everyday items and put 133,000 trade-supported Virginia jobs at risk. What this Administration fails to understand is that, just as Trump's family separation policy failed, hiking tariffs on Mexico won’t deter families escaping violence and instability in their native countries from crossing our border,” said the Senators. “Last year, Virginians saw the impact of retaliatory tariffs imposed by Mexico after this Administration imposed damaging steel and aluminum tariffs. Mexico continues to be an important trade partner for the Commonwealth, and strong-arming our allies will only hurt Virginians without solving our immigration challenges.”

Mexico is Virginia’s sixth-largest overall agricultural export market, according to the Virginia Department of Agriculture and Consumer Services (VDACS). In 2018, Mexico purchased more than $111 million in Virginia exports – a 3 percent decrease from 2017, a decline attributable in part to reckless trade and tariff Trump Administration policies. To ease the burden on Virginia businesses, manufacturers and consumers, Sen. Warner introduced and Sen. Kaine cosponsored bipartisan legislation that would restore Congress’ constitutional trade responsibilities. Sen. Kaine has also introduced legislation to limit the Trump Administration’s ability to levy tariffs without Congress.

Sens. Warner and Kaine have been vocal about the economic effect of the Trump Administration’s haphazard approach on tariffs.  In April, the Senators slammed President Trump after threatening – and later walking back – his threat to close the U.S.-Mexico border.  To tackle the root causes of migration, the Senators introduced legislation to provide a coordinated response to the humanitarian crisis in the Northern Triangle countries that have forced families to seek refuge in the U.S. They have also urged the Trump Administration to reverse its plan to cut national security funding to El Salvador, Guatemala, and Honduras. 

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WASHINGTON — U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, issued the statement below, following the press conference held by Special Counsel Robert S. Mueller III, who announced his resignation and spoke about the findings of the Mueller Report:

 “First, I want to thank Special Counsel Mueller for his patriotism and dedication to this two-year investigation. I am grateful the American people have heard from him directly regarding his findings. Still, this press conference leaves us with unanswered questions. The underlying evidence supporting the Special Counsel’s conclusions must be made available to Congress immediately.

 “What is clear is that Russia deployed a sophisticated cyber campaign in order to interfere in our democratic process and tip the scales in favor of then-candidate Donald Trump. This is the same conclusion that the bipartisan Senate Intelligence Committee reached. As the Special Counsel made clear today, it’s up to Congress to uphold the rule of law, and ensure this never happens again. Going forward, we must take steps to protect our democracy by passing legislation that enhances election security, increases social media transparency, and requires campaign officials to report any contact with foreign nationals attempting to coordinate with a campaign.”

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WASHINGTON – Today U.S. Senators Mark Warner (D-Va.), Chris Van Hollen (D-Md.), Ben Cardin (D-Md.), Tim Kaine (D-Va.), Patrick Leahy (D-Vt.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), and Sherrod Brown (D-Ohio) introduced the Agriculture Research Integrity Act, which would bar the U.S. Department of Agriculture (USDA) from reorganizing and moving the National Institute of Food and Agriculture (NIFA) and the Economic Research Service (ERS) out of the National Capital Region. Experts agree that Secretary Perdue’s proposal would undermine their effectiveness and relevance, and the rank-and-file staff opposes the move – just yesterday, it was reported that federal employees at both agencies “have quit in unusually large numbers” since the Secretary announced he would relocate the offices.

“The proposed relocation of the Economic Research Service and National Institute of Food and Agriculture from the National Capital Region could severely impact the ability of these agencies to carry out their critical research missions,” said Senator Warner. “These agencies provide invaluable research that drives agricultural, nutritional, and environmental policy in the U.S. Removing these agencies from the National Capital Region would negatively impact their work by disconnecting them from other vital research agencies located in the region and could impact their ability to attract and retain highly-qualified personnel.”

“The experts at NIFA and ERS conduct the scientific research that helps grow the food our families eat. They need a seat at the table with decision makers,” said Senator Van Hollen. “This proposed move – coupled with other efforts to undermine their work – is part of a broader effort by the Trump Administration to banish facts and science from policy decisions. We are committed to fighting it tooth and nail.” 

“Once again, the Trump Administration is seeking to marginalize scientists and independent research, choosing to scatter federal employees and potentially politicize what has historically been the work of nonpartisan civil servants,” said Senator Cardin. “With this bill, Congress has an opportunity to show it’s respect for our federal workforce and their work in advancing agriculture, food, the environment, and rural America on behalf of all Americans.” 

“USDA is proposing to uproot more than 700 hardworking federal employees from the National Capital Region with no cost/benefit analysis and no obvious public benefit. These federal workers will be forced to sell their homes, take their kids out of school, and move across the country to a location to be determined. This suspicious process is currently under investigation by the USDA Inspector General. Until USDA gives Congress and its own employees some straight answers, this move should be stopped,” said Senator Kaine. 

“The National Institute of Food and Agriculture and the Economic Research Service carry out vital science and research missions that our nation’s farmers, consumers, and lawmakers rely on.  Uprooting those agencies and their staffs would undermine those missions.  That would be a ‘solution’ to a problem that doesn’t exist,” said Senator Leahy.

“The National Institute of Food and Agriculture and the Economic Research Service play a critical role in ensuring that our agriculture industry remains a global leader and can meet the needs of American families for generations to come,” said Senator Merkley. “There is no reason why taxpayer money should be wasted on moving these research facilities hundreds of miles away, far from the officials who make sure their findings are honest and not influenced by politics or food manufacturers. I’m urging all of my colleagues in Congress to protect the future of American agriculture by saying no to any plan to move these essential agencies.”

“We rely on these workers to provide quality research about our food, our farming and our rural economy, and they deserve a say in this process. Uprooting families and workers is a bad idea that undermines productivity,” said Senator Brown.    

“U.S. farmers face constant uncertainty – not least of which comes from the extreme weather variability brought on by a changing climate. Secretary Perdue has added fuel to the uncertainty by proposing to uproot, reorganize, and ultimately gut two research agencies essential to the stability of a productive and sustainable food system. Since the Trump administration has been unable to provide evidence of how this move will benefit farmers, eaters, and the public interest, Congress must stop the reorganization and relocation. We thank Senator Van Hollen for leading the way,” said Rebecca Boehm, an economist for Union of Concerned Scientists’ Food and Environment program

“Under the Trump administration, the USDA is suppressing the publication of scientific research that ERS employees conduct and has proposed upending employees’ lives by relocating the agency outside the nation’s capital,” said American Federation of Government Employees National President J. David Cox Sr. “Just like we have been standing up and fighting back against numerous other anti-worker proposals from the Trump Administration, we will join the employees at ERS and NIFA in fighting against efforts to relocate them and politicize their research. AFGE thanks Senator Van Hollen for introducing this important legislation that will aid in our fight for fairness for these federal workers.” 

“The National Sustainable Agriculture Coalition and the farmers we represent from all regions of the country applaud the sponsors for introducing this bill.  We believe that nothing less than the future of public agricultural research and objective, policy-relevant economic analysis is at stake.  We encourage the Senate to follow the House lead and prohibit the misguided, unauthorized, and unfunded effort to move and undermine NIFA and ERS,” said Nichelle Harriott, Policy Specialist at the National Sustainable Agriculture Coalition (NSAC).

The House companion bill has been introduced by Congresswoman Chellie Pingree (D-Maine) and language prohibiting the ERS and NIFA move was included in the House Agriculture funding bill released yesterday. 

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WASHINGTON, D.C. — Today, the Senate overwhelmingly passed bipartisan legislation cosponsored by U.S. Senators Mark R. Warner and Tim Kaine to crack down on illegal robocall scams. The Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act gives regulators more time to find scammers, increases civil forfeiture penalties for those who are caught, requires service providers to adopt call authentication and blocking, and brings relevant federal agencies and state attorneys general together to address impediments to criminal prosecution of robocallers who intentionally break laws.

“Americans are sick and tired of receiving fraudulent robocalls,” said the Senators. “We are proud the Senate passed this bill to help protect consumers from scams and ensure those behind these illegal robocalls are held accountable.”

One report estimated the number of spam calls will grow from nearly 30 percent of all phone calls last year to 45 percent of all calls this year. The TRACED Act gives the FCC more flexibility to enforce rules in the short term, while setting in motion consultations to increase prosecutions of violations, which often require international cooperation. 

The bill now heads to the House for consideration.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) and U.S. Sens. Ben Cardin and Chris Van Hollen (both D-MD) introduced new legislation to renew the federal funding commitment to Metro, provide critical safety reforms, and strengthen oversight of the Washington Metropolitan Area Transit Authority (WMATA).

Recognizing that the Metro system is integral to the functioning of the federal government, for the last decade Congress has allocated $150 million annually to Metro for capital expenses, with Virginia, Maryland and the District of Columbia each providing $50 million in matching funds. However, the funding – a critical part of Metro’s budget – will expire this year unless Congress acts to renew it. The Metro Safety, Accountability and Investment Act of 2019 will provide additional federal funding for Metro while also enacting key reforms to ensure that the safety and reliability of the Metro system continues to improve.  

“The federal government runs on Metro. Thousands of federal workers, contractors, and military service members take Metro every day. This is an investment in the long-term safety and reliability of the Metro system,” said Sen. Warner, a member of the Committee on Banking, Housing and Urban Affairs, which has oversight over our nation’s urban transit systems. “But recent safety problems have illustrated that Metro still has work to do, which is why this money comes with some strings attached to ensure robust oversight, accountability, and meaningful safety reforms at WMATA.”

“Maintaining a safe and reliable public transit system for the seat of the federal government is a clear national priority. We recognized 10 years ago - as we do now - that providing dedicated funding for WMATA will help keep Metro on track,” said Sen. Cardin, ranking member of the Senate Environment and Public Works Transportation and Infrastructure Subcommittee. “Maryland and Virginia's Senate delegations wholeheartedly agree on the need for critical safety reforms and strengthened oversight to ensure that WMATA becomes as safe and efficient as possible.”

“This bill provides critical funding to reduce WMATA’s backlog of work, along with strict measures to ensure riders are safe on Metro. Following the death of a Virginian on Metrorail in 2015, we made it clear that major changes were needed. Since then, we passed a tough new federal safety oversight body through Congress, encouraged business and labor to work toward mutual goals, and worked with experts to provide WMATA with a roadmap for reform. But this work will only succeed if WMATA has the resources to do the turnaround job right. With this bill, we ensure that the federal government contributes its share, while also making clear that with new money comes new requirements for safety and accountability. Metro’s challenges won’t be solved overnight, but this bill will go a long way toward unlocking progress to rebuild trust with riders,” said Sen. Kaine.

“Maryland commuters and our federal workforce rely on the Metro day in and day out. This legislation reauthorizes the Federal investment in WMATA and provides much-needed funds to modernize our system. In addition to increased funding, this bill includes crucial safety improvements and oversight reforms,” said Sen. Van Hollen, a member of the Committee on Banking, Housing and Urban Affairs. “I’m proud to join my colleagues in introducing this measure as we work to ensure safe and dependable transportation throughout the region.”

The Metro Safety, Accountability and Investment Act of 2019 will renew the federal funding commitment for WMATA capital investments by reauthorizing the funding levels from the Passenger Rail Investment and Improvement Act of 2008 for an additional ten years, at an annual level of $150 million, matched by funding from Virginia, Maryland and the District of Columbia.

In addition, in exchange for key safety, oversight, and governance reforms at WMATA, the new legislation will include an additional $50 million per year in federal funding that is not subject to local match, bringing the annual federal commitment to Metro to $200 million. In order to access the additional $50 million, WMATA will be required to: grant additional powers to Metro’s Inspector General; establish task forces on track safety and bus safety; implement policy and procedures for a new capital planning process; improve the transit asset management planning process; reinforce restrictions on the activities of alternate WMATA Board members to provide more effective Board management and oversight; and prioritize the implementation of new cyber security protections and the integration of wireless services and emergency communications networks.

The bill also prohibits WMATA from using federal funds on a contract for rolling stock from any country that meets certain criteria related to illegal subsidies for state-owned enterprises. Sens. Warner, Kaine, Cardin and Van Hollen raised concerns earlier this year regarding the possibility that Metro may award a contract to build its newest 8000-series rail cars to a Chinese manufacturing company.  

“The Federal City Council applauds Sens. Warner, Cardin, Kaine, and Van Hollen for their continued commitment to WMATA and to ensuring that critically needed federal funding for the system is reauthorized this year. This funding, along with the new dedicated funding that was committed by the District of Columbia, Maryland, and Virginia in 2018 is critically needed to ensure a safe, reliable, and sustainable future for Metro,” said Tony Williams, former Mayor of the District of Columbia, current CEO and Executive Director of the Federal City Council and founding member of the MetroNow Coalition. “However, it has been the longstanding position of the Federal City Council and the MetroNow coalition that in addition to funding, Metro is also in need of a better framework to guide decision-making and increase accountability at WMATA—a critical part of the solution that has been missing, until now. With comprehensive enhancements to WMATA’s Office of the Inspector General and capital planning requirements, this legislation will help to safeguard the investment being made in this vital piece of our region’s transportation infrastructure and will inspire confidence in Metro going forward.”

“Metro is critical to those who live and work here and, equally important, it benefits those who travel here to do business, interact with the federal government, and enjoy all our region has to offer,” said Jack McDougle, President & CEO of the Greater Washington Board of Trade and founding member of the MetroNow Coalition. “Every day, we welcome visitors from around the country and the world, requiring us to maintain the safest, most reliable and world-class transit system possible. That’s why we and our partners in the MetroNow coalition urge Congress to pass this legislation.”

“The Amalgamated Transit Union (ATU) fully supports the Metro Safety, Accountability and Investment Act of 2019, renewing the federal commitment for WMATA capital investments. This is long overdue and critical, as the agency’s infrastructure, which dates back to the 1970s, has been crumbling. Riders have paid the price, as service sputtered and fares skyrocketed. Workers have been unfairly blamed for service issues when the real issue has been the generations of state and local lawmakers that until recently have financially starved the system of a critical dedicated revenue source,” said ATU International President John A. Costa. “Tragically, there have been several deadly accidents that have taken the lives of passengers as well as workers. There is no safety culture at WMATA. We thank Senators Warner, Cardin, Kaine and Van Hollen for including in the bill the ATU’s proposed labor-management safety task forces – bus and rail – to develop best principles and practices through collaboration so that we can prevent future tragedies. We are also grateful that these task forces have appropriately been named after ATU members who were killed on the job – Jeanice McMillan, the operator who was killed along with 8 passengers in the 2009 Red Line train crash at Fort Totten and was called a hero by WMATA for saving countless lives, and Keith Dodson, who was struck and killed by a tractor trailer when he exited the bus he was driving after it became disabled along southbound I-395 in Arlington County in 2007.”

More information about this bill is available here. For the full bill text, click here.

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WASHINGTON – The Senate just unanimously passed bipartisan legislation sponsored by U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) to provide tax relief to the children of military members killed in service to their country. This legislation corrects one of the many unintended consequences of the Tax Cuts and Jobs Act of 2017 – legislation forced through by the GOP that, among other things, treats military and VA survivor benefits as trusts or estates, subjecting the benefits of many military families to a much higher tax rate. The Gold Star Family Tax Relief Act effectively fixes this error by treating any military and VA survivor benefits as earned income, rather than at the trust or parent tax rate. Companion legislation has been introduced by Rep. Elaine Luria (D-VA) in the House of Representatives, which now must vote to send the bill to the President’s desk for signature.

“Gold Star families deserve our sympathy and gratitude, not an unfair tax increase thanks to a Congressional screw-up,” said the Senators. “We’re glad the Senate has decide to fix this mistake, and we hope the House will take action swiftly to ensure that Gold Star families aren’t hit with a tax hike.”

Under current law, spouses of deceased service members are eligible to receive two different survivor benefits – the Department of Veterans Affairs' Dependency and Indemnity Compensation, as well as the Department of Defense (DOD) Survivor Benefits Plan. However, surviving spouses are not currently able to receive both benefits simultaneously in full, and many of these spouses choose to sign the taxable DOD benefit over to their children. Prior to the Tax Cuts and Jobs Act of 2017, children receiving this benefit were taxed at the parent’s rate, but due to changes in the law, survivor benefits going to children are now treated as a trust or estate, and can be taxed up to 37 percent. This change has affected Gold Star families, who previously paid an average of 12 to 15 percent in taxes on this survivor benefit and have now been forced to pay significantly more without adequate preparation.

As a retroactive bill, the Gold Star Family Tax Relief Act would refund Gold Star families who were taxed the higher rate, going back as far as December 31, 2017.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Sens. Ben Cardin and Chris Van Hollen (both D-MD), today wrote to Acting Director Russell T. Vought to express grave concern over a new Trump Administration proposal that would, among other things, effectively end Congress’ ability to provide advice and consent over the individual responsible for establishing federal workforce policy and regulations. As part of a White House proposal sent to congressional leaders on Thursday, workforce policy responsibilities currently executed by the Office of Personnel Management (OPM) would be transferred to the Office of Management and Budget (OMB), thereby taking these crucial duties from a Senate-confirmed director and assigning them to an administrator appointed directly by the President.

“We wish to express both our frustration about the lack of transparency that defined the Administration’s drafting of this proposal and our grave concern that these changes will negatively impact and further undermine our country’s federal workforce,” the Senators wrote. “The vast majority of the federal workforce is comprised of career civil servants who perform their duties apolitically and without regard to which party presently heads the Executive Branch. These dedicated employees are the lifeblood of our democracy and it is imperative that they continue to be insulated from the political impulses of this President and any future President. Federal workers have every right to be concerned with this proposal and the Administration owes them substantially more information and transparency than has been provided to date.”

Last Thursday, May 16, the Trump Administration requested congressional authorization to merge the vast majority of OPM functions and responsibilities into the General Services Administration (GSA), including Human Resources Solutions, Information Technology, Retirement, and Health and Insurance Services. A key component of this proposal involves transferring the role of establishing government-wide workforce policy to a new Office of Federal Workforce Policy within OMB, which rests under the authority of the Executive Office of the President. This move would remove the Senate’s ability to have pre-selection oversight over the individual responsible for setting policies and regulations that affect federal workers nationwide, therefore opening the doors for this, or a future Administration, to act with political motivation towards the federal workforce.

In their letter to OMB, the Senators conveyed great concern about the possibility of allowing politically-motivated individuals to set policies that affect loyal public servants in apolitical career roles. They also questioned Acting Director Vought about the nature of this unprecedented decision and its effect on federal workers – and requested that no further action be taken until all questions are thoroughly addressed. These questions include:

What analysis has been conducted to evaluate the potential costs and risks associated with this proposal? What specific factors have been considered, and which perceived benefits were regarded as outweighing any disruption and risk to the federal workforce?

• How can federal workers nationwide and Congress feel confident that neither this President nor any future President would act to politicize civil service or take retaliatory or punitive action against federal workers?
• What other changes to federal workforce policy or the organization of OPM and/or GSA does the Administration plan to take before receiving—or absent altogether—additional Congressional authorization to implement aspects of this proposal? If any, under what statutory authority does the Administration perceive to be empowered to take such actions?
• What input was considered from Members of Congress, congressional committees, or federal workforce unions, management associations, professional associations, and affinity groups in drafting this proposal?
• What impact would this proposal have on the number of individuals employed by OPM? In what ways would the number of individuals dedicated to the current responsibilities and mandates of OPM change with the implementation of this proposal? Does this proposal assume increased or flat funding authorization levels for GSA after the merge?
• Does the Administration believe GSA currently has adequate cybersecurity resources and funding to appropriately protect their current mission, in addition to that of OPM?

Sens. Warner, Kaine, Cardin, and Van Hollen have been long-time, outspoken advocates for federal workers. In February, the Senators pressed OMB to implement the 1.9 percent pay increase for federal employees they worked to pass into law earlier in the year. Amid the partial federal government shutdown, the Senators took a series of actions to protect affected workers, including guaranteeing back pay for federal employees, urging back pay for contractors, introducing budget amendments to protect federal workers, and urging OPM to prevent the termination of dental and vision insurance for federal employees.

Full text of the letter is below and a copy can be found here.

May 20, 2019

The Honorable Russell T. Vought

Acting Director

Office of Management and Budget

Executive Office of the President

Washington, DC 20503

Dear Acting Director Vought:

We write today in response to your proposal to merge the functions and responsibilities of the Office of Personnel Management (OPM) within the General Services Administration (GSA). Specifically, we wish to express both our frustration about the lack of transparency that defined the Administration’s drafting of this proposal and our grave concern that these changes will negatively impact and further undermine our country’s federal workforce.

In your letter to Congress dated May 16, 2019, you outline a proposal to transfer the “vast majority” of OPM’s current mission to GSA. As you note, this would include Human Resources Solutions, Information Technology, Retirement, and Health and Insurance Services. The proposal would also create an Office of Federal Workforce Policy within the Office of Management and Budget (OMB), which would assume the workforce policy responsibilities currently executed by OPM.

We have serious concerns with housing this new Office of Federal Workforce Policy within the Executive Office of the President, and having it run by an Administrator appointed directly by the President and without Senate confirmation. Your proposal details that this Office is to, among other functions, “provide overall strategic direction and coordination of workforce policy and regulations for all Executive agencies, other than the Government Accountability Office.” The vast majority of the federal workforce is comprised of career civil servants who perform their duties apolitically and without regard to which party presently heads the Executive Branch. These dedicated employees are the lifeblood of our democracy and it is imperative that they continue to be insulated from the political impulses of this President and any future President.

Federal workers have every right to be concerned with this proposal and the Administration owes them substantially more information and transparency than has been provided to date. To that end, we ask that you provide responses to the following questions:

• What analysis have you conducted to evaluate the potential costs and risks associated with this proposal? What specific factors did you consider, and which perceived benefits did you regard as outweighing any disruption and risk to the federal workforce?
• The civil service system is statutorily required to be apolitical and merit-based. However, this proposal would significantly impede Congress’ ability to conduct oversight over this matter by no longer allowing the Senate to provide advice and consent over the individual directly responsible for setting all federal workforce policy and regulations. How can federal workers and Congress feel confident that neither this President nor any future President would act to politicize civil service or take retaliatory or punitive action against federal workers?
• What other changes to federal workforce policy or the organization of OPM and/or GSA does the Administration plan to take before receiving—or absent altogether—additional Congressional authorization to implement aspects of this proposal? If any, under what statutory authority does the Administration perceive to be empowered to take such actions?
• What input did you consider from Members of Congress, congressional committees, or federal workforce unions, management associations, professional associations, and affinity groups in drafting this proposal?
• What impact would this proposal have on the number of individuals employed by OPM? In what ways would the number of individuals dedicated to the current responsibilities and mandates of OPM change with the implementation of this proposal? Does your proposal assume increased or flat funding authorization levels for GSA after the merge?
• Does the Administration believe GSA currently has adequate cybersecurity resources and funding to appropriately protect their current mission, in addition to that of OPM?

As a first step in conducting oversight of this dramatic proposal, our federal workforce is owed answers to these questions. Until the aforementioned questions have been thoroughly addressed and the authorities under which you are proposing such actions are clearly articulated, we respectfully request that you take no further action on this or any related matter.

We request your reply by the end of this month. We will continue to actively monitor the Administration’s explanation of this proposal to other Members of Congress and to the public, and look forward to your reply.

 Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) recently joined 32 other Senators in reintroducing legislation to tackle the root causes of the Central American migrant crisis. The Central American Reform and Enforcement Act will provide a coordinated regional response to effectively manage the humanitarian crises in El Salvador, Guatemala, and Honduras that are forcing many women, children, and families to seek refuge in the U.S.

“After two and a half years of haphazard immigration decisions by the Trump Administration, it’s clear that we need smart legislation that prioritizes our national security in an effective way,” said the Senators. “This bill will finally reverse the Administration’s shortsighted decision to cut vital foreign assistance to El Salvador, Guatemala, and Honduras and help alleviate the violence and instability that continues to displace thousands of children and families, forcing them to flee to the U.S.” 

El Salvador, Guatemala, and Honduras are among the most dangerous countries in the world, particularly for women and children who face increasing and unrelenting violence at the hands of armed criminal gangs and drug traffickers who act with impunity. Since 2008, incidents of murder, violence, and corruption perpetrated by criminal networks have remained at alarming levels in these countries. The Trump Administration has further exacerbated this instability with policies that have cut funding to Central American governments and terminated protections for those who enter the U.S. after fleeing Honduras and El Salvador.

Specifically, the Central America Reform and Enforcement Act would: 

• Provide conditional assistance to Northern Triangle governments to restore the rule of law, create a more secure environment for children and families, promote economic opportunities, strengthen democratic public institutions, and reduce corruption. Under this legislation, assistance funding would be dependent on the State Department certifying that the governments are implementing reforms and making progress on critical priorities.
• Crack down on smugglers, cartels, and traffickers exploiting children and families by creating new criminal penalties for human smuggling, schemes to defraud immigrants, and bulk cash smuggling. This bill would also expand on the work by the Department of Homeland Security and law enforcement agencies to disrupt and prosecute trafficking and smuggling rings.
• Allow refugees to apply for asylum to the U.S. while in Central America as an alternative to undertaking a dangerous journey to the U.S. to apply. Ongoing and rampant regional violence suggests that women and children will continue to flee to other countries in search of protection. This legislation would help Mexico and other Central American countries strengthen their own asylum systems, expand refugee processing for third-country resettlement, and create a new refugee processing program to provide women and children an alternative to making the dangerous journey north. 
• Enhance monitoring of unaccompanied children after they are processed at the border. Currently, the U.S. government lacks the resources to track unaccompanied children after they are processed by Border Patrol and placed with a sponsor – usually a close family member. This legislation would strengthen the ability of the Department of Health and Human Services to oversee the safety and wellbeing of children released to an adult sponsor while they await their court hearing. It would require consistent, uniform, and timely background checks, post-placement wellness checks, and post-release services. It would also provide resources and guidance to local school districts enrolling unaccompanied children. 
• Ensure fair, orderly and efficient processing of those who do reach our border seeking protection. This legislation would provide a fair and legal process for children and families seeking asylum, improve immigration court efficiencies by requiring a significant increase in the number of immigration judges to ensure the prompt resolution of immigration claims, and establish reintegration programs in Central America that reduce the likelihood of re-migration for those who do not have legal grounds to stay in the United States.

The Central American Reform and Enforcement Act was introduced by Sens. Chuck Schumer (D-NY), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Bob Menendez (D-NJ), Patrick Leahy (D-VT), Tom Carper (D-DE), and Mazie Hirono (D-HI), and cosponsored by Sens. Tammy Baldwin (D-WI), Michael Bennet (D-CO), Cory Booker (D-NJ), Richard Blumenthal (D-CT), Ben Cardin (D-MD), Ed Markey (D-MA), Catherine Cortez-Masto (D-NV), Tammy Duckworth (D-IL), Kristen Gillibrand (D-NY), Kamala Harris (D-CA), Maggie Hassan (D-NH), Amy Klobuchar (D-MN), Jeff Merkley (D-OR), Chris Murphy (D-CT), Patty Murray (D-WA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (D-VT), Brian Schatz (D-HI), Tina Smith (D-MN), Tom Udall (D-NM), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

As Senators from Virginia – where the #1 country of origin for immigrants is El Salvador – Sens. Warner and Kaine have been vocal about the need to restore foreign assistance to Northern Triangle countries. In April, they urged the Trump Administration to reverse its plan to cut national security funding to El Salvador, Guatemala, and Honduras.

For full text of this legislation, click here.

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