Press Releases

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today announced that the Virginia Tech Transportation Institute (VTTI) in Blacksburg, Va. will receive $15 million in federal funding to support research on safe automated driving integration. The funding, from the United States Department of Transportation (DOT), follows aggressive advocacy by Sen. Warner, who personally pressed Transportation Secretary Elaine L. Chao to grant Virginia the maximum award possible to continue the Commonwealth’s leadership in the growing unmanned systems industry.

“I’ve long called for increased funding for unmanned systems research because I know that innovation and advancement in this field can boost U.S. competitiveness, increase efficiency, and ultimately, improve lives across the globe,” said Sen. Warner, a former technology entrepreneur. “With new technologies, and particularly with automated driving systems, it’s important to get safety right the first time. That’s why I’m so excited to announce that this federal funding will support VTTI in continuing to safely blaze the trail for the future of transportation.”

“New technologies like automated vehicles create exciting opportunities, as well as some challenges, and there is no better place to hone our understanding of these issues than the Virginia Tech Transportation Institute. From auto safety testing to road design to the incorporation of new technology into our transportation network, VTTI is the gold standard, and these grants will go toward research that will incur long-term benefits for the Commonwealth and beyond,” said U.S. Sen. Tim Kaine (D-VA).

“Receiving these prestigious awards from the U.S. Department of Transportation is an honor and fantastic for Virginia Tech and Virginia. Over the years, VTTI has established itself as a global leader for automated vehicle evaluation and development. We are very happy to take these important steps to move automated vehicles forward to save lives, improve mobility across the population, and reduce the impact of vehicle emissions,” said Tom Dingus, director of VTTI and endowed professor of biomedical engineering and mechanics at Virginia Tech.

The funding is comprised of two $7.5 million grants that will support two VTTI projects. One project will seek to define, develop, and demonstrate key dynamic scenarios and their potential solutions for safe interaction of vehicles equipped with automated driving systems in a Northern Virginia corridor optimized for vehicle automation. The other will seek to develop and demonstrate a Fleet Concept of Operations to provide the trucking industry with clear guidelines on how to safely implement, and benefit from trucks equipped with automated driving systems.

The grants were awarded through the Automated Driving System (ADS) Demonstration Grants program, which provides federal funding to demonstration projects that test the safe integration of automated driving systems into the Nation’s on-road transportation system. These grants aim to gather significant safety data to inform rulemaking, foster collaboration amongst state and local government and private partners, and test the safe integration of ADS on U.S. roads. 

Sen. Warner has been a longtime advocate for research and investment in unmanned systems, including driverless cars, drones, and unmanned maritime vehicles. Last year, he helped ensure Virginia’s participation in the Federal Aviation Administration (FAA) Unmanned Aircraft Systems (UAS) Integration Pilot Program (IPP). He also introduced a successful bipartisan amendment to double funding for unmanned aircraft systems and introduced bipartisan legislation designed to advance the development of unmanned aircraft systems (UAS). 

Last month, Sen. Warner joined local and industry leaders at Lonesome Pine Airport in Wise, Va. to unveil a sign marking the first FAA-approved unmanned aircraft system delivery in the United States in 2015.

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WASHINGTON – U.S. Senate Democratic Leader Chuck Schumer (D-NY), U.S. Senate Committee on Foreign Relations Ranking Member Bob Menendez (D-NJ), U.S. Senate Democratic Whip Dick Durbin (D-IL), U.S. Senate Committee on Appropriations Ranking Member Patrick Leahy (D-VT), U.S. Senate Committee on the Judiciary Ranking Member Dianne Feinstein (D-CA), U.S. Senate Committee on Banking, Housing, and Urban Affairs Ranking Member Sherrod Brown (D-OH), U.S. Senate Committee on Armed Services Ranking Member Jack Reed (D-RI), and U.S. Senate Select Committee on Intelligence Vice Chairman Mark Warner (D-VA)  yesterday sent a letter to President Donald Trump urging the president to intensify efforts to build a durable pathway towards diplomatic denuclearization of North Korea, and more specifically, to recognize that North Korea’s series of ballistic missile tests clearly violate United Nations Security Council resolutions and are being used to advance their operational capabilities to deliver nuclear weapons. The Senators urge President Trump to push the United Nations to take enforcement action against North Korea for its violations of U.N. Security Council resolutions.

Senate Democrats note that the administration has downplayed the significance of North Korea’s series of ballistic missile tests and suggested that there is no rush to reach an agreement that freezes and reverses North Korea’s nuclear and missile development, despite these clear violations of United Nations Security Council resolutions and direct threats to our allies, and recent reporting and analysis that indicate these violations are akin to a research, development and testing program that are furthering North Korea’s nuclear and missile program.

The Senators emphasize that finding a path to engagement with North Korea that minimizes, and subsequently eliminates, its nuclear and ballistic missile threat while providing stability and preserving our strategic edge in the region, is vital. They urge the president to pursue a more pragmatic, verifiable approach to pursue denuclearization on the Korean peninsula and to take advantage of the upcoming United Nations General Assembly session to push for strong enforcement of existing sanctions and accountability for North Korea’s on-going ballistic missile activities at the Security Council, while also seeking to establish the regular working-level negotiations necessary for diplomacy to succeed.

Senate Democrats’ letter to President Trump can be found here and below:

 

September 5, 2019

President Donald Trump

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Dear President Trump,

We write to express our grave concern regarding your policy and diplomacy with North Korea and to urge you to redouble efforts to forge a successful and durable path towards denuclearization of North Korea – by diplomatic means – while the opportunity still exists.  Specifically, we urge you to recognize that North Korea’s series of ballistic missile tests clearly contravene United Nations Security Council resolutions and are being used to advance their operational capabilities to deliver nuclear weapons, and to press the United Nations to take enforcement action against North Korea for its violations of U.N. Security Council resolutions. While these tests did not directly threaten the United States, they are a clear threat to our treaty allies in the Republic of Korea and Japan, and they have allowed North Korea to continue to develop significant new ballistic missile technology alongside its still unconstrained nuclear weapons programs.

Despite these clear violations of United Nations Security Council resolutions – and direct threats to our allies – your administration has downplayed the significance of these tests and suggested that there is no rush to reach an agreement that verifiably freezes and reverses North Korea’s nuclear and missile development. Accepting North Korean ballistic missile tests represents, in our view, a significant step backwards in the negotiations, especially as you yourself have previously asserted that North Korea halting all ballistic missile tests and nuclear tests was a sign of your administration’s success. 

Moreover, by repeatedly calling into question the importance of our alliances and combined military exercises, you threaten to undermine strategic stability on the Korean Peninsula.  Our alliance architecture is critical to safeguard US national interests, and these exercises are a critical element of US strategic engagement on the Peninsula, a guarantee of the freedom and prosperity of the people of the Republic of Korea, and a vital element of any coherent strategy to assure that the United States maintains leverage for successful denuclearization diplomacy. Threatening to unravel the integrity of our alliance architecture in Asia makes us less capable of dealing with North Korea, not more.

Mr. President, we must find a path to engagement with North Korea that minimizes, and subsequently eliminates, its nuclear and ballistic missile threat while providing stability and preserving our strategic edge in the region.  Your success in this endeavor is vital for our national security interests, and we want to support your administration in the execution of a coherent, durable and sustainable strategy. 

As a first step to rebalance our denuclearization diplomacy with North Korea we urge you to undertake a more pragmatic, verifiable approach to pursue denuclearization on the Korean peninsula. We also urge you to take advantage of the upcoming United Nations General Assembly session to simultaneously push for strong enforcement of existing sanctions and accountability for North Korea’s on-going ballistic missile activities at the Security Council while also seeking to establish the sort of regular working-level negotiations necessary for diplomacy to succeed. A pathway for progress and successful diplomacy with North Korea that balances pressure and engagement in the right measure is still possible, and we urge you and your administration to take immediate and meaningful action.

Sincerely,

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine announced $1,455,722.85 in federal funding for the Lexington, Manassas, Bristol, and Portsmouth Fire Departments. The funding will be awarded through the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) program.

“It’s crucial for firefighters to have the tools necessary to best serve their communities,” the Senators said. “We’re pleased to announce this funding to help local fire departments across Virginia purchase equipment to enhance public safety.”

The following Virginia fire departments will receive funding under the AFG program:

  • The City of Lexington Fire Department will receive $88,460.95 to purchase equipment.
  • The City of Manassas Fire Department will receive $332,500 to purchase personal protective equipment.
  • The City of Bristol Fire Department will receive $404,761.90 to purchase communications equipment.
  • The City of Portsmouth Fire Department will receive $630,000 to purchase equipment.

FEMA’s AFG program works to strengthen the safety of the public and firefighters by providing direct financial assistance to eligible fire departments, nonaffiliated Emergency Medical Services organizations, and State Fire Training Academies for critically-needed resources.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine condemned the Trump Administration’s plans to build portions of President Trump’s border wall by diverting $3.6 billion in military construction funds, including by taking funding from four projects in Virginia:

“The decision by the President to divert funding meant to support U.S. national security interests so that he can build a border wall only makes us less safe,” said Warner. “Taking money away from our military – including funding to support critical projects here in Virginia – will mean we are less equipped to tackle threats here at home and abroad.”

“I’m deeply concerned about President Trump’s plan to pull funding from critical national security projects – including millions of dollars from important projects in Virginia – so he can build his border wall. The well-being of American troops is the core responsibility of every commander in the military, yet the Commander-in-Chief is shirking that duty so he can advance his own political agenda,” said Kaine.

The Department of Defense informed Warner and Kaine that the Trump Administration plans to take the following funding away from military construction projects in Virginia:

  • Cyber Operations Facility at Joint Base Langley-Eustis will lose $10,000,000.
  • Navy Ships Maintenance Facility in Portsmouth will lose $26,120,000.
  • A project to replace a hazardous materials warehouse in Norfolk will lose $18,500,000.
  • A project to replace a hazardous materials warehouse in Portsmouth will lose $22,500,000.

Warner and Kaine have been outspoken against President Trump’s plan to pull money from military construction projects to build his border wall since it was initially announced earlier this year. Kaine has demanded details on the projects that will lose funding and called on his colleagues in the Senate to oppose the Administration’s efforts.  

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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) asked the U.S. Department of Agriculture (USDA) to explain its decision to reduce payments to Economic Research Service (ERS) and National Institute of Food and Agriculture (NIFA) employees who have declined to relocate to Kansas City following the Trump Administration’s slapdash decision to move the two key research agencies out of Washington D.C.

“We are troubled by the United States Department of Agriculture’s (USDA) decision to lower VSIP payments by such a large amount, and we have serious concerns about the timing of this announcement and the burden it places on federal workers who have already endured significant hardship throughout this rushed relocation process,” the Senators wrote.

“This expedited timeline places an undue burden on these employees who were led to believe they would be offered buyouts at or near the federal maximum,” the Senators continued. “USDA has failed to explain why employees were not notified earlier that VSIP offers would be significantly less than $25,000, considering the agency already knew that more than half of ERS and NIFA employees had declined to relocate by the time VSIP applications were due. We are troubled that USDA did not relay this information to its employees sooner considering the impacts this decision can have on an individual’s career.”

On June 13, USDA informed ERS and NIFA employees that only a limited number of Voluntary Separation Incentive Payments (VSIPs) would be available to those who would not be relocating to the Kansas City region. Then, nearly two months later, employees found that the USDA had reduced their VSIP offers from $25,000 to $10,000, or $15,000 less than what is permitted, and often standard, under federal law. To make matters worse, employees were only given six days to accept this reduced payment, or make the life-altering decision of relocating across the country.

In their letter to Agriculture Secretary Sonny Perdue, the Senators reiterated their opposition to the proposed relocation while demanding that federal employees be treated with dignity and respect should relocation plans move forward. They also asked a series of questions, including how much USDA has budgeted for VSIP payments, why USDA was not prepared to offer the maximum buyout payment to employees, and why employees were not notified that the maximum buyout payment would be less than the federal maximum.

The Senators have been strong opponents of the USDA’s unnecessary relocation of ERS and NIFA. Earlier this year, Sens. Warner, Kaine, Cardin, and Van Hollen introduced legislation to bar the research agencies from leaving the National Capital Region. In May, they joined other members of Congress representing the National Capital Region in urging Secretary Perdue not to relocate the research agencies.

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

 

Dear Secretary Perdue:

We write today concerning the recent issuance of Voluntary Separation Incentive Payment (VSIP) acceptance letters to Economic Research Service (ERS) and National Institute of Food and Agriculture (NIFA) employees that offer $15,000 less than what is permitted under federal law and what is standard in nearly all other cases. We are troubled by the United States Department of Agriculture’s (USDA) decision to lower VSIP payments by such a large amount, and we have serious concerns about the timing of this announcement and the burden it places on federal workers who have already endured significant hardship throughout this rushed relocation process.

On June 13, 2019, USDA informed ERS and NIFA employees that a limited number of VSIPs would be available to individuals who declined to relocate to the Kansas City Region by September 30, 2019. Employees were subsequently given a deadline of July 15, 2019 to notify USDA if they did not plan to relocate. Employees who wished to apply for buyouts were only given one week – July 22, 2019 through July 29, 2019 – to submit their applications. This is a short timeline to a make a decision like this, especially considering that employees who accept these payments cannot work for the federal government for at least five years or are forced to return this payment.

Then, on August 20, 2019, those ERS and NIFA employees who received their VSIP acceptance letters found that their payments had been reduced from $25,000 to $10,000 – a reduction of 60 percent. Applicants were given only six days to accept or decline this payment by August 26, 2019. This expedited timeline places an undue burden on these employees who were led to believe they would be offered buyouts at or near the federal maximum. Traditionally, federal employees who resign with a VSIP have received close to the maximum amount of $25,000. From Fiscal Year 2012 to May 2017, nearly 37,000 federal employees resigned with a VSIP for an average payment of $24,470.

USDA has stated that its decision to reduce the amount per VSIP was made in order to accommodate all employees who were eligible to receive the buyout. However, USDA has failed to explain why employees were not notified earlier that VSIP offers would be significantly less than $25,000, considering the agency already knew that more than half of ERS and NIFA employees had declined to relocate by the time VSIP applications were due.

We are troubled that USDA did not relay this information to its employees sooner considering the impacts this decision can have on an individual’s career.

In response to this announcement, we would like to pose the following questions regarding VSIP payments:

How much does USDA have budgeted for VSIP payments, and from what authority?

Why was USDA not prepared to offer the maximum buyout payment or near the maximum to employees when that appears to be standard procedure among federal agencies?

Why were employees not notified ahead of the VSIP application window that the maximum buyout payment would be significantly less than the federal maximum?

As senators representing the National Capital Region, we remain opposed to this proposed relocation. However, should this process continue to move forward, we expect federal employees be treated with dignity and respect. We urge you to reconsider this decision and offer these employees the maximum VSIP payment allowable by law and extend the deadline for employees to consider these payments.

Thank you for your attention to this matter. We look forward to your response.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $8,288,283 in federal funding to support access to safe and affordable housing in Richmond and Suffolk. This funding, from the United States Department of Housing and Urban Development (HUD), was awarded through four grant programs – the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships (HOME) program, the Emergency Solutions Grants (ESG) program, and the Housing Opportunities for Persons With AIDS (HOPWA) program.

“We are glad to see this federal funding go towards supporting access to decent and reasonably-priced housing in Richmond and Suffolk,” said the Senators. “We look forward to seeing both of these cities put these funds to use and help those with the greatest need.”

The funding will be awarded as below.

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

Recipient

Amount

 

Richmond

$4,462,031

Suffolk

$459,389

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

Recipient

Amount

 

Richmond

$1,455,440

Suffolk

$348,260


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

Recipient

Amount

 

Richmond

$376,954

The Housing Opportunities for Persons With AIDS (HOPWA) program provides states and localities with resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of low-income persons living with HIV/AIDS. It is the only federal program dedicated to the housing needs of people living with HIV/AIDS:

Recipient

Amount

 

Richmond

$1,186,209


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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine announced $125,000 in federal funding from the U.S. Department of Agriculture (USDA) to update outdated equipment at police and fire departments in Augusta County, Halifax County, and the town of Glade Spring. The funding will help improve emergency response times and public safety in these communities.

“The men and women serving our communities need functional, up-to-date equipment that allows them to effectively do their jobs,” said the Senators. “We’re pleased that this funding will help enhance public safety in the Commonwealth.”

The following localities will receive funding:

  • In Augusta County, $50,000 will go towards the purchase of updated equipment for the Churchville Volunteer Fire Department.
  • In Halifax County, $50,000 will go towards the purchase of four new sheriff’s vehicles to replace outdated vehicles that pose a safety hazard to employees and, as a result of unreliable emergency response times, to the general public.
  • In Glade Springs, $25,000 will go towards the purchase of a 2019 Dodge Durango police vehicle. The purchase will allow the town to replace an older vehicle that poses a safety hazard to employees and, as a result of unreliable emergency response times, to the general public.

The funding comes from USDA’s Community Facilities Direct Loan and Grants program, which seeks to develop key community facilities that provide essential services to the public in rural areas.

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Washington, D.C. – Led by U.S. Senator Patty Murray (D-WA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, 45 Senators sent a letter to Acting Secretary Patrick Pizzella opposing the Labor Department’s recent proposal to undermine the highly effective and widely supported registered apprenticeship program. The proposed rule would create duplicative, unnecessary, and lower-quality “industry-recognized apprenticeship programs” (IRAPs), that would not provide the same crucial benefits and protections as long-established registered apprenticeships. The Department has also proposed the establishment of new “standard recognition entities” to oversee the IRAPs, allowing these programs to potentially evade accountability, even to apprentices themselves.

“Rather than invest federal taxpayer dollars in a duplicative, less rigorous, and unproven model of workforce training with little to no accountability, the Department and the Trump Administration should work with Congress and stakeholders to strengthen and modernize the registered apprenticeship system to build more pathways for workers to enter middle class jobs,” wrote the Senators.

The Senators also questioned whether the proposed rule is truly consistent with National Apprenticeship Act, which entrusted the Labor Department to “safeguard the health, safety, and welfare of apprentices.” In February, Senator Murray and her colleagues pressed the Department of Labor for answers on the proposed rule and raised questions about whether the Department was using funds appropriated by Congress for registered apprenticeships for IRAPs.

In addition to Senator Murray, the letter was signed by Senators Baldwin (D-WI), Bennet (D-CO), Blumenthal (D-CT), Booker (D-NJ), Brown (D-OH), Cantwell (D-WA), Cardin (D-MD), Carper (D-DE), Casey (D-PA), Coons (D-DE), Cortez Masto (D-NV), Duckworth (D-IL), Durbin (D-IL), Feinstein (D-CA), Gillibrand (D-NY), Harris (D-CA), Hassan (D-NH), Heinrich (D-NM), Hirono (D-HI), Kaine (D-VA), King (I-ME), Klobuchar (D-MN), Leahy (D-VT), Manchin (D-WV), Markey (D-MA), Menendez (D-NJ), Merkley (D-OR), Murphy (D-CT), Peters (D-MI), Reed (D-RI), Rosen (D-NV), Sanders (I-VT), Schatz (D-HI), Schumer (D-NY), Shaheen (D-NH), Smith (D-MN), Stabenow (D-MI), Tester (D-MT), Udall (D-NM), Van Hollen (D-MD), Warner (D-VA), Warren (D-MA), Whitehouse (D-RI), and Wyden (D-OR).

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

 

August 26, 2019

 The Honorable Patrick Pizzella

Acting Secretary

Department of Labor

200 Constitution Avenue, NW

Washington, DC 20210

RE: DOL Docket Number. ETA-2019-000, RIN 1205-AB85, Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations

Dear Acting Secretary Pizzella:

We write in strong opposition to the U.S. Department of Labor’s (“Department” or DOL) proposed rule to create Industry-Recognized Apprenticeship Programs (IRAPs or “Industry Programs”), and to request a 60-day extension of the public comment period for the Notice of Proposed Rulemaking (NPRM). The NPRM would undermine important standards around wages, training structure and quality, and equal opportunity employment, would create uncertainty for the regulated community by establishing a confusing, unnecessary, and duplicative program, and disregards congressional intent to “safeguard the welfare of apprentices.”[1]

In enacting the National Apprenticeship Act of 1937, Congress authorized and directed the Secretary of Labor to formulate and promote labor standards to safeguard the health, safety, and welfare of apprentices.[2] The Department’s regulations implementing the Act establish such standards and prescribe policies and procedures for the registration of acceptable apprenticeship programs with the Department.[3] Under the Department’s longstanding regulations, apprenticeship programs seeking the Department’s approval, support, and financial assistance must commit to providing apprentices with a number of crucial protections and benefits.

The Department’s proposal, however, would not guarantee most of these benefits to apprentices who participate in IRAPs instead of registered apprenticeships.  This NPRM would enable so-called Industry Programs to circumvent the quality assurance standards and protections of the registered apprenticeship system. Instead, the Department proposes to authorize new, nongovernmental Standards Recognition Entities (SREs) to establish, recognize, and monitor the quality of IRAPs—with minimal accountability to the federal government, states, or apprentices themselves. We are especially concerned that the Department’s purported hallmarks of quality for IRAPs do not include some of the most crucial standards required of registered apprenticeship programs. In particular, this proposal would not require IRAPs to guarantee: minimum hours or specific requirements for on-the-job training and classroom-based instruction, nationally recognized stackable and portable credentials of value, workplace safety and equal opportunity protections beyond those already required by law, or guaranteed wage progression.

It is not clear how the Department’s proposal to upend registered apprenticeship is consistent with Congressional intent. The National Apprenticeship Act empowers the Department to “bring together employers and labor for the formulation of programs of apprenticeships”—that is not what the Department proposes. Rather, this rule would create a parallel system that outsources the Secretary’s statutory role in overseeing the Nation’s registered apprenticeship programs to unaccountable, nongovernmental entities.

The Department’s proposal is yet one more attempt to undermine the Nation’s registered apprenticeship system, which has existed for 80 years and enjoys broad support from Congress, workers, and industry alike. The Department undercuts the standards that have been the hallmark of registered apprenticeships by allowing IRAPs to bypass the Department’s longstanding approval and quality assurance process, removing the crucial role of state governments in maintaining the integrity of programs operating within their states, substantially weakening protections and guarantees for workers, and causing confusion for businesses and industries. This is particularly troubling coming on the heels of the Department’s repeated attempts to divert the annual discretionary appropriation to support the development of IRAPs, despite the Department having acknowledged on record that it must be spent exclusively on the registered apprenticeships in accordance with the law.

The Department asserts its proposed “industry-led, market-driven approach provides the flexibility necessary to scale the apprenticeship model where it is needed most and helps address America’s skills gap.” However, the Department has presented no evidence showing IRAPS will be effective, let alone superior, to registered apprenticeship programs. On the contrary, existing apprenticeship programs have one of the highest rates of return on investment for employers of any workforce advancement programs.  Rather than invest federal taxpayer dollars in a duplicative, less rigorous, and unproven model of workforce training with little to no accountability, the Department and the Trump Administration should work with Congress and stakeholders to strengthen and modernize the registered apprenticeship system to build more pathways for workers to enter middle class jobs.

We oppose the Department’s efforts to water down the quality of apprenticeship programs by removing worker protections, lowering the quality of credentials and training, and providing federal funds to unaccountable organizations to provide unproven training. We urge the Department to reconsider its proposal. We also request a 60-day extension of the public comment period for the NPRM to allow Congress, stakeholders, and the public adequate time to respond to these potential changes, as well as a Departmental briefing on the proposal as soon as possible.

Sincerely,

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after China announced that it will instate additional retaliatory tariffs starting September 1 in response to President Trump’s plans to impose additional levies on Chinese goods:

“Time and time again, we have warned President Trump against escalating a trade war with China. Trade wars yield no winners and hurt consumers and producers all over the Commonwealth, especially the farmers and small business owners who count on Chinese demand for products grown in Virginia. We’re even seeing devastating second-order effects of this trade war, with the possibility that fires in the Amazon are being deliberately set to clear land for soybean exports to China. While the U.S. must absolutely crack down on China for its illegal trade practices, we can’t afford to do so in an incoherent and erratic way. Today’s announcement shows once again that the Trump Administration’s bizarre trade policies destabilize the economy, put the livelihoods of many Americans at risk, undermine global stability, and fundamentally fail to hold China accountable for its unfair practices.” 

According to an announcement by the Chinese finance ministry, China’s tariffs will range from five to ten percent on items such as agricultural products, apparel, chemicals, and textiles, in addition to a 25 percent tariff on automobiles and a five percent tariff on automobile parts. These levies are scheduled to take effect on September 1 and December 15, matching the dates of the President’s most recent tariffs.

Sens. Warner and Kaine have continuously warned the Trump Administration about how its haphazard approach on trade hurts Virginia’s families, businesses, and economy. According to the Virginia Department of Agriculture and Consumer Services (VDACS), China is the Commonwealth’s number-one agricultural export market for soybeans. In 2018, Virginia exported more than $58 million soybean products to China – an 83 percent decrease from 2017.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after President Donald Trump signed legislation into law renaming a Virginia Beach post office after Ryan “Keith” Cox, a longtime public utilities employee who sacrificed his own life to save others during the shooting at the Virginia Beach Municipal Center. The legislation was originally introduced by U.S. Rep. Elaine Luria (VA-02) and backed by the entire Virginia delegation.

“There is no way to repay Mr. Cox or his loved ones for the tremendous sacrifice he made on the day of this horrific shooting, but it is our hope that this post office will help honor his memory and heroism in the community he gave his life to protect,” said the Senators. “The Commonwealth will never forget Mr. Cox’s selfless actions.”

The United States Postal Service (USPS) facility is located at 2509 George Mason Drive in Virginia Beach, Virginia. In July, Sens. Warner and Kaine helped secure Senate passage of the legislation by urging leaders of the Senate Committee on Homeland Security and Governmental Affairs, the Committee that oversees USPS, to support the bill in honor of Cox’s bravery. In June, the senators secured unanimous passage of a Senate resolution honoring the 12 victims of the Virginia Beach shooting.

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WASHINGTON, D.C. - Today, U.S. Senators Mark R. Warner and Tim Kaine applauded $779,300 in federal grants to improve the conditions of public housing units in Portsmouth and Chesapeake. The funding was awarded through the United States Department of Housing and Urban Development (HUD).

“Virginians deserve to feel safe in their homes,” the Senators said. “We applaud this federal funding that will strengthen the well-being and security of these communities.”

Portsmouth Redevelopment and Housing Authority will receive $249,300 for security cameras and fencing at the Swanson Homes and Seaboard Square I and II developments to strengthen security and monitoring.

The Chesapeake Redevelopment and Housing Authority will receive $530,000 to conduct lead-based paint risk assessments, inspections, abatement, interim controls, and clearance examinations. HUD is awarding grants to 38 public housing agencies across the country to identify and eliminate lead-based paint hazards in public housing units.

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WASHINGTON, D.C. - Today, U.S. Senators Mark R. Warner and Tim Kaine announced $17,417,978 in federal grant funding through the U.S. Department of Health and Human Services (HHS) for Head Start programs throughout Virginia.

“The Head Start program plays an important role in helping schools and organizations across the Commonwealth get the resources they need to support young children,” the Senators said. “We’re excited to announce this funding that promotes early childhood development.” 

The following organizations will receive funding:

  • Stafford County School District will receive $2,604,803.
  • Rooftop of Virginia Community Action Program in Galax will receive $2,400,889.
  • Southside Training Employment and Placement Services Inc. in Farmville will receive $3,245,314.
  • Richmond City Public Schools will receive $7,838,807.
  • Williamsburg James City County Community Action Agency Inc. will receive $1,328,165.

As Governors and Senators, Warner and Kaine have advocated for investments in early childhood education. Head Start programs promote school readiness for children under 5 years old from low-income families through health, education, family support, and social services.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) urged the Senate Committee on Environment and Public Works (EPW) to bring up for approval the leasing prospectuses for two VA outpatient clinics in Hampton Roads and Fredericksburg when Congress returns in September. Both prospectuses received the approval of the Office of Management and Budget earlier this month and must now get a green light from both the Senate EPW Committee and the House Committee on Transportation and Infrastructure.

“These clinics are essential for veterans in the Commonwealth who face long wait-times due to insufficient capacity at existing VA medical facilities and a fast-growing veteran population,” wrote Sen. Warner. “The facilities in Hampton Roads and Fredericksburg will enable the VA to expand primary care, mental health and specialty care services, among other services to our veterans.”                                                                             

In 2017, Congress approved leases for 28 Veterans Affairs (VA) facilities around the country, including two in Virginia, thanks to Sen. Warner’s successful bipartisan efforts. To ensure timely completion of the facilities, the VA passed off procurement authority for six of the projects, including the Hampton Roads clinic, to the General Services Administration (GSA) while the new outpatient in Fredericksburg remained under the purview of the VA.

Following Sen. Warner’s multiple calls and letter to the Office of Management and Budget (OMB) Director Mick Mulvaney pushing the agency to swiftly review and approve the leasing prospectus in their possession, OMB signed off on the Hampton Roads and Fredericksburg clinics on July 30th and August 6th, respectively. Now, the prospectuses must be approved by the EPW and the House Transportation and Infrastructure committee in markup, signaling the last congressional approval step required to get the clinics open and operational.

Sen. Warner has long pushed the VA and GSA to get these clinics up and running quickly. Most recently, Sen. Warner wrote the VA and GSA to express outrage at “the glacial pace” of the two lease procurement projects, and to demand real plans from both for quickly completing the delayed projects.

“For many years I have worked hard to get these additional VA facilities built, with great frustration at the exceedingly slow pace of these projects. I have pressured the Department of Veterans Affairs and the U.S. General Services Administration to find ways to expedite their timelines for the building of these facilities. As of now, their timelines have the two facilities being finished in the fall of 2023, approximately six years after the leases were approved by Congress,” continued Sen. Warner. “I ask that under your leadership, your committee do everything possible to keep the process moving by reviewing and approving these prospectuses as soon as possible.”

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

 

Dear Chairman Barrasso and Ranking Member Carper:

I write to request that two prospectus documents and accompanying housing plans recently submitted to the Senate Committee on Environment and Public Works (EPW) be included in the next markup your Committee holds in September. The two lease prospectus documents are for the procurement of two Community Based Outpatient Clinics for the Department of Veterans Affairs in Hampton Roads and Fredericksburg, both in Virginia. 

In 2017 Congress authorized leases for 28 VA facilities around the country, two of which – Hampton Roads and Fredericksburg – are in the Commonwealth of Virginia. These clinics are essential for veterans in the Commonwealth who face long wait-times due to insufficient capacity at existing VA medical facilities and a fast-growing veteran population. The facilities in Hampton Roads and Fredericksburg will enable the VA to expand primary care, mental health and specialty care services, among other services to our veterans.

At VA’s request, U.S. General Services Administration (GSA) is running the lease procurement to deliver a Community Based Outpatient Clinic in South Hampton Roads in Virginia. Pursuant to Title 40, on August 1, 2019, GSA submitted a lease prospectus and housing plan for this project to the Senate EPW for its review and consideration. Additionally, on August 9, GSA submitted a lease prospectus and housing plan for a Community Based Outpatient Clinic in Fredericksburg, VA. GSA is seeking authorization to delegate its leasing authority to the VA so that they can run this lease procurement for Fredericksburg. I would request that the Committee pass resolutions authorizing GSA to move forward with both procurements.   

For many years I have worked hard to get these additional VA facilities built, with great frustration at the exceedingly slow pace of these projects. I have pressured the Department of Veterans Affairs and the U.S. General Services Administration to find ways to expedite their timelines for the building of these facilities. As of now, their timelines have the two facilities being finished in the fall of 2023, approximately six years after the leases were approved by Congress.

I ask that under your leadership, your committee do everything possible to keep the process moving by reviewing and approving these prospectuses as soon as possible. Thank you for your attention to this critical matter. If you or your staff have any questions about these facilities please contact Caroline Wadhams at Caroline_Wadhams@warner.senate.gov, or at 4-2418.

Sincerely,

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, released the following statement after President Trump announced Ret. Vice Adm. Joseph Maguire, Director of the National Counterterrorism Center, will serve as the Acting Director of National Intelligence, effective August 15:

“When I supported Admiral Maguire’s previous nomination, I made it clear I expected him to empower the intelligence professionals he led to do their important work free from political interference. Given the circumstances of his appointment as Acting DNI, it is more important than ever that Admiral Maguire stands by that commitment to speak truth to power. His success or failure in this position will be judged by the quality of work produced by the intelligence community, not by how those intelligence products make the President feel.

“After leading the men and women in the Navy and serving our country faithfully, the burden shouldered by this capable public servant is now much higher with a White House that continuously breaks longstanding norms that have governed the intelligence community. Shading intelligence to fit political views ultimately threatens the safety and effectiveness of America’s dedicated intelligence professionals and makes our country less safe. While Admiral Maguire demonstrates a continued willingness to serve our nation, it does not replace the President’s responsibility to nominate a permanent Director during this critical time for our country.”

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement ahead of the two-year anniversary of the “Unite the Right” rally in Charlottesville, Va. that resulted in the deaths of Heather Heyer, Lt. Jay Cullen, and Trooper-Pilot Berke Bates:

Nearly two years ago, white nationalists gathered in Charlottesville to spread a message of bigotry and intolerance. Their hate-fueled rally culminated in the deaths of three Americans – Heather Heyer, who was killed when a white nationalist drove his car into the crowd of counter-protesters, and Lt. Jay Cullen and Trooper-Pilot Berke Bates, who died in a helicopter crash as they tried to bring stability to the city.

“As we approach the two-year mark of this tragedy, I stand with the families of those we lost as well as the entire Charlottesville community in denouncing bigotry and radicalism in every form. With hate crimes and white nationalism on the rise, we must work to honor these individuals today and every day by stamping out the voices of hate and prejudice – from those on the streets, to those in positions of power – that undermine the nation we love and the values we believe in. Let us also take a moment to remember and celebrate the lives of Heather Heyer, Lt. Jay Cullen, and Trooper-Pilot Berke Bates by fostering a culture of acceptance and open-mindedness.”

Sen. Warner has introduced legislation in honor of counter-protester Heather Heyer. This legislation would help combat the recent surge in hate crimes by improving the reporting and recording of hate crimes and supporting law enforcement prevention, training, and education as it relates to hate crimes.

###

WASHINGTON – This week, the U.S. Securities and Exchange Commission (SEC) proposed modernizing the reporting and disclosure of human capital management practices. 

The SEC’s announcement follows efforts by U.S. Sen. Mark R. Warner (D-VA) to require companies to disclose more information about their human capital management policies and practices. These additional disclosures will provide greater insight into workforce development and help drive value in an increasingly knowledge-based economy.

Last July, Sen. Warner, a former business executive and current member of the Senate Banking Committee, pressed the SEC to use its rulemaking authority to require companies to tell shareholders whether and how they are investing in their workforces through human capital management disclosures. The SEC’s proposed rule contains many of the suggestions Sen. Warner called for in his July letter.   

“I’m excited to see the SEC take this important step to recognize the significance of human capital management and the role it plays in the 21st century economy. Many of the ideas outlined in the proposed rule would go a long way in providing investors with the information they need to evaluate whether a company is making the appropriate investments in its workforce. As this rulemaking moves forward, I look forward to working with the SEC to develop a robust human capital disclosure regime for companies to help promote workforce training and investment, and sustain long-term economic growth,” said Sen. Warner. 

Human capital management disclosures provide a snapshot of how U.S. companies compensate, train, retain, and incentivize their employees. Several studies have found that human capital management disclosures are an important predictor of a company’s long-term success in a changing economy. For example, a 2015 McKinsey study found that firms that prioritize learning programs for their employees perform better overall than those that do not. As the Investor Advisory Committee also noted, a recent Harvard report found a positive correlation between disclosed training programs and financial performance. Requiring companies to disclose human capital management indicators would provide investors with a better understanding of a firm’s performance and potential for long-term growth. 

The SEC’s current human capital disclosure requirements are extremely limited, requiring disclosures only of the number of employees, their median compensation, and CEO compensation. In a July letter, Sen. Warner urged the SEC to heed the calls of investors and utilize its rulemaking authority to require companies across the board to provide further details relating to human capital management. Specifically, Sen. Warner encouraged the SEC to revise and modernize Regulation S-K to require public reporting companies to disclose more qualitative and quantitative information regarding human capital. While the SEC would be responsible for developing and finalizing the requirements, human capital disclosures could potentially require firms to make public information about employee education and training programs; workforce demographics; employee turnover; employee compensation; and workforce compensation and incentives.

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, released the following statement on the departure of Sue Gordon, Deputy Director of National Intelligence, effective August 15: 

"This is a real loss to our intelligence community. In more than 30 years of service to our nation, Sue Gordon has demonstrated herself to be a patriot and a consummate professional, eventually becoming the highest-ranking woman ever to serve in the Office of the Director of National Intelligence and someone who garnered tremendous respect from both sides of the aisle on Capitol Hill. Her retirement is a great loss not only to the intelligence community, but to the country. 

"President Trump has repeatedly demonstrated that he is seemingly incapable of hearing facts that contradict his own views. The mission of the intelligence community is to speak truth to power; yet in pushing out two dedicated public servants in as many weeks, once again the President has shown that he has no problem prioritizing his political ego even if it comes at the expense of our national security."

###

 

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

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

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

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

The full letter can be found here and below.

August 7, 2019
 
The Honorable Steven T. Mnuchin
Secretary of the Treasury
U.S. Department of the Treasury
1500 Pennsylvania Avenue NW
Washington, DC 20220
 
Secretary Mnuchin:
 
We strongly urge against executive action to index capital gains for inflation, and disagree with our 21 Republican colleagues who have urged you to circumvent Congress in a signed letter. This unilateral move would almost exclusively benefit the wealthiest Americans, add to the ballooning federal deficit, further complicate the tax code, and ignore longstanding Justice Department policy.
 
Indexing capital gains would double down on the 2017 $1.5 trillion tax giveaway with at least another $100 billion tax cut. According to the Penn-Wharton Budget Model, more than 86 percent of the benefit of indexing capital gains would go to the top 1 percent of taxpayers, while just 2.5 percent of the benefit would go to the bottom 90 percent of Americans.
 
As the Congressional Budget Office (CBO) projected, the 2017 tax cuts are not paying for themselves through increased revenue. The FY 2019 deficit is projected to be $896 billion, up from $666 billion in FY 2017.  Cutting capital gains taxes for the wealthy by indexing gains would only exacerbate this problem.
 
While indexing capital gains would unquestionably add to the deficit, the $100 billion price tag is a conservative estimate because it does not consider the resulting tax sheltering opportunities. If Treasury indexes capital gains for inflation but does not also index capital expenses, like interest and depreciation, taxpayers would only pay taxes on the real portion of their gains while still deducting their full, nominal expenses. Taxpayers could therefore use their losses on paper to offset tax owed. Indexing both gains and expenses for inflation, meanwhile, would increase the tax code’s complexity and the compliance burden on taxpayers.
 
The proposal would do little to nothing to boost the economy as it would provide a windfall for existing capital assets rather than incentivize new investment. The Congressional Research Service notes that “it is unlikely… that a significant, or any, effect on economic growth would occur from a stand-alone indexing proposal.” This is yet another policy that would fail American workers. 
 
Apart from these serious policy concerns, we do not believe Treasury has the authority to index capital gains through regulation. Such action would defy longstanding Congressional intent and Justice Department policy. The tax code has always assessed capital gains on the difference between the cost a person pays to acquire a security or property, reduced for cost-recovery deductions, (“basis” in tax parlance) and the price for which it was sold.
We agree with legal opinions written by the Treasury and Justice Departments in 1992 under President George H.W. Bush, which concluded that Congress intended the word “cost” to mean the price paid in nominal dollars without adjustment for inflation.  That plain language definition of cost first appeared in the Revenue Act of 1918 and now appears in Section 1012 of the tax code.
 
Incomplete legislative action on a policy also does not signal congressional intent. Although Congress has previously considered proposals to index capital gains for inflation, it has never enacted them. The policy preferences of individual members of Congress, even if they happen to comprise majorities of both Houses, have no legal weight until legislation is passed by both Houses and signed into law by the president. 
 
For example, during consideration of the Revenue Act of 1978, the House adopted a provision expressly indexing the basis of capital assets for inflation only to have the Senate reject this approach, choosing instead to increase the percentage of (nominal) capital gains that could be excluded. The Senate’s approach was ultimately enacted.
 
We again urge you to reject unilateral action on this issue. To do otherwise would illegally circumvent Congress to benefit the most fortunate Americans. A major policy change like this one should be considered by Congress through regular order, where it can be weighed against competing priorities, like upgrading our failing national infrastructure, investing in health care or shoring up Social Security.
 
Sincerely,
 
###

 

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

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

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

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

The full letter can be read below and HERE.

 

August 7, 2019

The Honorable Steven T. Mnuchin

Secretary of the Treasury

U.S. Department of the Treasury

1500 Pennsylvania Avenue NW

Washington, DC 20220

Secretary Mnuchin:

We strongly urge against executive action to index capital gains for inflation, and disagree with our 21 Republican colleagues who have urged you to circumvent Congress in a signed letter. This unilateral move would almost exclusively benefit the wealthiest Americans, add to the ballooning federal deficit, further complicate the tax code, and ignore longstanding Justice Department policy.

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

As the Congressional Budget Office (CBO) projected, the 2017 tax cuts are not paying for themselves through increased revenue. The FY 2019 deficit is projected to be $896 billion, up from $666 billion in FY 2017.  Cutting capital gains taxes for the wealthy by indexing gains would only exacerbate this problem.

While indexing capital gains would unquestionably add to the deficit, the $100 billion price tag is a conservative estimate because it does not consider the resulting tax sheltering opportunities. If Treasury indexes capital gains for inflation but does not also index capital expenses, like interest and depreciation, taxpayers would only pay taxes on the real portion of their gains while still deducting their full, nominal expenses. Taxpayers could therefore use their losses on paper to offset tax owed. Indexing both gains and expenses for inflation, meanwhile, would increase the tax code’s complexity and the compliance burden on taxpayers.

The proposal would do little to nothing to boost the economy as it would provide a windfall for existing capital assets rather than incentivize new investment. The Congressional Research Service notes that “it is unlikely… that a significant, or any, effect on economic growth would occur from a stand-alone indexing proposal.” This is yet another policy that would fail American workers. 

Apart from these serious policy concerns, we do not believe Treasury has the authority to index capital gains through regulation. Such action would defy longstanding Congressional intent and Justice Department policy. The tax code has always assessed capital gains on the difference between the cost a person pays to acquire a security or property, reduced for cost-recovery deductions, (“basis” in tax parlance) and the price for which it was sold.

We agree with legal opinions written by the Treasury and Justice Departments in 1992 under President George H.W. Bush, which concluded that Congress intended the word “cost” to mean the price paid in nominal dollars without adjustment for inflation.  That plain language definition of cost first appeared in the Revenue Act of 1918 and now appears in Section 1012 of the tax code.

Incomplete legislative action on a policy also does not signal congressional intent. Although Congress has previously considered proposals to index capital gains for inflation, it has never enacted them. The policy preferences of individual members of Congress, even if they happen to comprise majorities of both Houses, have no legal weight until legislation is passed by both Houses and signed into law by the president. 

For example, during consideration of the Revenue Act of 1978, the House adopted a provision expressly indexing the basis of capital assets for inflation only to have the Senate reject this approach, choosing instead to increase the percentage of (nominal) capital gains that could be excluded. The Senate’s approach was ultimately enacted.

We again urge you to reject unilateral action on this issue. To do otherwise would illegally circumvent Congress to benefit the most fortunate Americans. A major policy change like this one should be considered by Congress through regular order, where it can be weighed against competing priorities, like upgrading our failing national infrastructure, investing in health care or shoring up Social Security.

Sincerely,

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Sens. Dianne Feinstein and Kamala Harris (both D-CA) and U.S. Reps. Abigail Spanberger (D-VA), Elaine Luria (D-VA), Mike Levin (D-CA), Brian K. Fitzpatrick (R-PA), and Katie Hill (D-CA), sent a letter today to the Chairmen and Ranking Members of the Senate and House Armed Services Committees, urging them to protect vital military housing protections for servicemembers as the Senate and House work to negotiate the final National Defense Authorization Act (NDAA). Once approved by both chambers of Congress, this bill would authorize the nation’s defense spending for the 2020 fiscal year, which begins on October 1, 2019. 

“We write today to express our strong support for language reforming the Military Housing Privatization Initiative (MHPI), which was included in both the Senate- and House passed versions of the Fiscal Year 2020 National Defense Authorization Act (NDAA). Provisions of each bill largely match what was in our own bill, the Ensuring Safe Housing for our Military Act (S.703/H.R.1792), which aimed to force much needed change in the MHPI program,” wrote the members of Congress.

In 1996, the Department of Defense (DoD) and Congress established the Military Housing Privatization Initiative (MHPI) with the intent to improve military housing conditions by transferring maintenance and construction responsibilities to private housing companies. However, recent reports by Reuters and military advocacy groups exposed health, safety, and environmental hazards in privatized military housing throughout the United States. As a result of these findings, Sens. Warner, Kaine, Feinstein, and Harris introduced the Ensuring Safe Housing for our Military Act to provide much-needed reform and oversight over the privatized housing companies. Reps. Levin, Hill, Spanberger, Luria, and Fitzpatrick introduced a companion bill in the House.

They continued, “Like you, we have been appalled by the barrage of health, safety and environmental hazards found in privatized military housing. For too long, the companies operating this housing have failed to properly remedy hazards and to meet their fundamental obligations to servicemembers and their families to provide safe, healthy and high-quality housing. In addition, the military services, including installation commanders, housing officials and senior officials within the Department of Defense (DoD), have not provided sufficient oversight of the housing within their purview and have fundamentally failed the families who served under them.”

In June and July, the Senate and House passed the NDAA with key provisions of the Ensuring Safe Housing for our Military Act. In today’s letter, the members of Congress urged the Chairmen and the Ranking Members to protect these House and Senate provisions in final negotiations between the House and the Senate. 

A copy of today’s letter is available here can be found below.

 

August 8, 2019

Senator James M. Inhofe

Chairman

Committee on Armed Services

United States Senate

Senator Jack Reed

Ranking Member

Committee on Armed Services

United States Senate

Congressman Adam Smith

Chairman

Committee on Armed Services

U.S. House of Representatives

Congressman Mac Thornberry

Ranking Member

Committee on Armed Services

U.S. House of Representatives

Dear Chairmen Inhofe & Smith and Ranking Members Reed & Thornberry:

We write today to express our strong support for language reforming the Military Housing Privatization Initiative (MHPI), which was included in both the Senate- and House passed versions of the Fiscal Year 2020 National Defense Authorization Act (NDAA). Provisions of each bill largely match what was in our own bill, the Ensuring Safe Housing for our Military Act (S.703/H.R.1792), which aimed to force much needed change in the MHPI program. 

Like you, we have been appalled by the barrage of health, safety and environmental hazards found in privatized military housing. For too long, the companies operating this housing have failed to properly remedy hazards and to meet their fundamental obligations to servicemembers and their families to provide safe, healthy and high-quality housing. In addition, the military services, including installation commanders, housing officials and senior officials within the Department of Defense (DoD), have not provided sufficient oversight of the housing within their purview and have fundamentally failed the families who served under them.

As you enter conference negotiations, we ask that provisions from the Ensuring Safe Housing for Our Military Act remain in the final NDAA conference agreement. In particular we were pleased that the Senate version of the NDAA:

  • creates a standard for common credentials for health and environmental inspectors of privatized military housing (Sec. 3018);
  • requires the commander to review and approve mold mitigation and pest control plans annually (Sec. 3043, 2872c);
  • enables the withholding of rents (Sec. 3031) and incentive fees (Sec. 3045, 2874c) from landlords if they have not met established guidelines and procedures;
  • requires landlords to pay reasonable relocation costs in the event of health, safety or environmental hazards (Sec. 3044, 2872d);
  • requires the establishment of electronic work order systems and requires that tenants have the ability to access the systems in order to track the status and progress of work orders (Sec. 3021); and   
  • requires the Secretary of Defense to submit to the congressional defense committees a report on the legal services that the Secretary may provide to members of the armed forces who have been harmed by a health or environmental hazard while living in military housing, as well as to make this information available to all members of the armed forces at U.S. DoD installations. (Sec. 3053).

In addition, the House-passed NDAA includes additional provisions of the Ensuring Safe Housing for Our Military Act, and we ask you to retain:

Sections 2811 and 2886, which authorizes DoD Inspectors General to investigate allegations of retaliation against a military tenant in connection with a housing complaint; and

 Section 2811 and 2886c, which prohibit landlords from imposing supplemental payments in addition to rent.

Reforming the privatized military housing system requires urgent action, and we believe including the above provisions in the final FY2020 NDAA is vital to that effort. We appreciate your leadership on this important issue and look forward to continuing to work together to improve the housing stock available to our servicemembers and their families. 

Sincerely,

###

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

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

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

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

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

 

August 5, 2019

The Honorable Betsy DeVos

Secretary of Education

U.S. Department of Education

400 Maryland Avenue, S.W.

Washington, D.C. 20202

Dear Secretary DeVos:

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

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

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

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

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

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

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

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

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

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

Sincerely,

 

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) sent a letter to Ashanti Alert Coordinator Katherine Sullivan, reiterating the need for the Department of Justice (DOJ) to get the national communication network swiftly up-and-running. This letter follows a July 29th in-person meeting between Sen. Warner and Principal Deputy Assistant Attorney General Sullivan.

“As I stated during our conversation, I remain strongly committed to monitoring its implementation and ensuring that the network can start saving lives soon. It was heartening to hear that as designated national coordinator, you are committed to swiftly implementing this potentially lifesaving system by working in collaboration with states to ensure that Ashanti Alert systems are established across the country with proper network guidelines,” wrote Sen. Warner.

After DOJ indicated that little progress had been made on the implementation of the federal Ashanti Alert system in March, Sen. Warner demanded an in-person meeting with DOJ officials to discuss the status of implementation efforts. During the meeting, Sen. Warner urged the DOJ to consult with Virginia state and local officials who passed state-wide legislation to create an Ashanti Alert network and successfully implemented it three months after it was signed into law by Governor Ralph Northam.

“Last year, Virginia successfully established its own Ashanti Alert system in only three months. Since then, the Commonwealth has sent out a number of alerts, some of which have helped find missing or endangered adults alive in under 24 hours. As we discussed, I believe that the officials in Virginia could provide valuable guidance to you and other states, so I urge you to seek out their guidance regarding this matter,” continued Sen. Warner.

On December 20th 2018, Sen. Warner successfully secured Senate passage of the Ashanti Alert Act, which was then signed into law later in the month. Ever since, he has continued to pressure the DOJ to work with relevant stakeholders to promptly implement the alert network nationwide to help save lives.

“I was glad to hear that you have already thought about some actionable ideas on implementation, including your suggestion to include an Ashanti Alert workshop in the next national Amber Alert symposium. However, I continue to expect the Department to identify additional avenues and strategies to speed up the implementation process, while consulting with law enforcement agencies, stakeholders, and other relevant entities who played roles during the adoption of the Amber and Silver alerts,” concluded Sen. Warner.

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

 

Ms. Katherine Sullivan

Principal Deputy Assistant Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue NW

Washington, D.C., 20530

Dear Ms. Sullivan:

I appreciated our meeting on July 29, 2019 regarding the implementation status of the Ashanti Alert Act. As I stated during our conversation, I remain strongly committed to monitoring its implementation and ensuring that the network can start saving lives soon. It was heartening to hear that as designated national coordinator, you are committed to swiftly implementing this potentially lifesaving system by working in collaboration with states to ensure that Ashanti Alert systems are established across the country with proper network guidelines.

As I emphasized in our meeting, it has been almost eight months since President Trump signed the bill into law. I have been disappointed that the Department’s efforts thus far have made little progress on the alert system and I must reiterate that delayed implementation will only cost lives. Last year, Virginia successfully established its own Ashanti Alert system in only three months. Since then, the Commonwealth has sent out a number of alerts, some of which have helped find missing or endangered adults alive in under 24 hours. As we discussed, I believe that the officials in Virginia could provide valuable guidance to you and other states, so I urge you to seek out their guidance regarding this matter.

I was glad to hear that you have already thought about some actionable ideas on implementation, including your suggestion to include an Ashanti Alert workshop in the next national Amber Alert symposium. However, I continue to expect the Department to identify additional avenues and strategies to speed up the implementation process, while consulting with law enforcement agencies, stakeholders, and other relevant entities who played roles during the adoption of the Amber and Silver alerts.

I look forward to your timely updates on implementation efforts. Thank you for prioritizing the implementation of the Ashanti Alert Act and fully leveraging this opportunity to transform the lives and safety of Americans.

Sincerely,

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

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

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

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

A copy of the letter is found here and below.

 

Dr. Mark T. Esper

Secretary of Defense

U.S. Department of Defense

1000 Defense Pentagon

Washington, D.C. 20301

Dear Secretary Esper:

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

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

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

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

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

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

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

What prompted the new examination of the JEDI initiative?

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

Sincerely,

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WASHINGTON, DC – U.S. Senators Mark R. Warner and Tim Kaine joined Senator Sherrod Brown and 31 of their Democratic colleagues in urging Department of Veterans Affairs (VA) Secretary Robert Wilkie to abandon the Department’s current destructive approach to ongoing negotiations with the American Federation of Government Employees (AFGE).  Despite VA and AFGE’s history of engaging in good-faith negotiations that equally benefit employees, veterans and the Department, the current negotiating tactics undercut VA’s mission and threaten the quality of the services it is entrusted to provide to our constituents, our nation’s veterans. 

“These extreme tactics are not in the interest of VA’s federal employees, nor are they in the interests of the veterans these employees serve,” the Senators wrote. “We urge VA to return to the bargaining table with AFGE immediately to negotiate in good faith and we look forward to reviewing your response to our concerns and specific questions.” 

In addition to Warner, Kaine, and Brown, the letter is signed by Senators Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Robert Casey, Jr. (D-PA), Christopher Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Richard Durbin (D-IL), Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Edward Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Patty Murray (D-WA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernard Sanders (I-VT), Brian Schatz (D-HI), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), 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).

A copy of the Senators’ letter to Department of Veterans Affairs Secretary Wilkie can be found below and HERE:

 

The Honorable Robert Wilkie

Secretary

Department of Veterans Affairs

810 Vermont Avenue, N.W.

Washington, DC 20420

Dear Secretary Wilkie:

We write today to express our deep concern regarding the Department of Veterans Affairs (VA) anti-worker, anti-union negotiating tactics with the American Federation of Government Employees (AFGE).  A strong labor-management relationship is essential to the effective and efficient operations of VA and improves the provision of care and benefits to veterans.  We urge the Department to abandon its current destructive approach to the talks with the union and to negotiate in good faith and in a manner that is consistent with U.S. law. 

For decades, VA and AFGE have sat together at the bargaining table to forge an agreement that benefits employees, veterans and the Department.  These negotiations, however, have been entirely different.  From the outset, VA has taken multiple steps to ensure the negotiations with AFGE do not succeed.  The Department refused to negotiate ground rules such as when and where to meet, or to pay for travel to the talks.  In an unprecedented action, VA sent those decisions to an impasse panel immediately, clearly demonstrating that the agency had no intention of engaging in a productive contract negotiation.  In addition, the Department has made the draconian proposal to eliminate 28 articles from the 2011 Master Agreement without providing justification.  VA negotiators also proposed reducing 14 additional articles to generic language about the Department following appropriate procedures in law and regulations.  In total, VA is proposing to effectively scrap 63 percent of the existing contract without providing any legitimate rationale for doing so.  The articles proposed for elimination cover issues including procedures for local level bargaining, labor management cooperation, and grievance procedures, all of which are crucial for an effective labor-management partnership.

VA has also changed the members of its bargaining team, which is another clear delaying tactic.  Furthermore, your agency has also referred negotiations to the Federal Mediation and Conciliation Service after only 10 days.  The talks were scheduled to continue to December, and the request for a federal mediator is an effort by VA to short-circuit negotiations on important topics.  These extreme tactics are not in the interest of VA’s federal employees, nor are they in the interests of the veterans these employees serve.     

To better understand the Department’s approach to these contract negotiations, we ask you to respond to the following specific questions:

1)      Did the White House, Office of Management & Budget (OMB), or any entity outside of VA provide direction, guidance or suggestion on any proposals VA negotiators have submitted? If so, please describe the nature and source of this input.

2)      Did the White House, Office of Management & Budget (OMB), or any entity outside of VA provide direction, guidance or suggestion on any tactics VA representatives have used in these negotiations? If so, please describe the nature and source of this input.

3)      Please explain and provide documented evidence of the demonstrated need for each of the following proposals:

a.      Extension of contract term to 10 years;

b.      Authority of VA to change contract outside of negotiations during those 10 years but no equal authority for the union;

c.       Requirement that leave taken for doctors’ appointments be taken in 60 minute increments and some leave requests, including those for some medical appointments, must be made 60-90 days in advance;

d.     Requirement that grievances must be handled at the national level, instead of in local offices;

e.      Elimination of labor-management cooperation;

f.        Requirement that dues withholding be renewed by each federal employee at VA on an annual basis;

g.      Elimination of all memorandums of understandings and past practices; and

h.      Requirement that the union pay for all management time and Department attorney’s fees spent dealing with union matters, which has no basis in U.S. law.

4)      Has VA, anyone in the Trump Administration, or a third party completed an analysis of the employment impact of the Department’s negotiating positions? If not, why not? If so, please describe the methodology of the analysis, the process by which data was collected, and the conclusions of the analysis. Please provide all associated documentation.

VA employees provide medical care, process education benefits, and adjudicate disability claims and appeals on behalf of veterans and their families. Attracting and retaining high quality, motivated employees will better serve our nation’s veterans and ensure taxpayer dollars are well spent.  The harsh negotiating tactics currently being taken by your agency undermine VA’s mission and threaten the quality of the services it is entrusted to provide to our constituents, our nation’s veterans. 

We urge VA to return to the bargaining table with AFGE immediately to negotiate in good faith and we look forward to reviewing your response to our concerns and specific questions.  

Sincerely,

Senators Sherrod Brown (D-OH), Mark Warner (D-VA), Tim Kaine (D-VA), Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Robert Casey, Jr. (D-PA), Christopher Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Richard Durbin (D-IL), Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Edward Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Patty Murray (D-WA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernard Sanders (I-VT), Brian Schatz (D-HI), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Tom Udall (D-NM), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), Ron Wyden (D-OR)

 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after President Trump announced his plan to impose an additional 10 percent tariff on $300 billion worth of Chinese goods beginning September 1:

“We continue to have grave concerns regarding this Administration’s nonexistent trade strategy. Let’s be clear: trade policy should not be done through tweet; it should be through thoughtful collaboration with our allies to address China’s unfair trade practices. Instead, today’s erratic reversal on trade will only raise prices for Virginians and give China motivation to retaliate, which would further hit Virginia's already-hurting agricultural producers even harder. For years, China has been one of Virginia’s top agricultural customers, but escalating the trade war will only continue to threaten a critical industry that’s borne the brunt of this incoherent strategy.”

Sens. Warner and Kaine have continued to warn the Trump Administration about how its haphazard approach on trade hurts Virginia’s families, businesses, and economy. According to the Virginia Department of Agriculture and Consumer Services (VDACS), China is Virginia’s number-one agricultural export market for soybeans. In 2018, Virginia exported more than $58 million soybean products to China – an 83 percent decrease from 2017.

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