WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) along with Sens. Susan Collins (R-ME), Chris Van Hollen (D-MD) and Mazie Hirono (D-HI) reintroduced bipartisan legislation today to provide financial relief to certain civilian federal employees who have to relocate for work. The Relocation Expense Parity Act will ensure that all federal employees who qualify to have their moving costs reimbursed by the government are also repaid for the taxes owed on relocation reimbursements.

“Straddling our loyal public employees with part of the cost of their employment-related relocation is not just wrong, it’s also a disservice to our workforce,” said Sen. Warner. “This legislation will make sure that the government does not push these costs onto workers or inadvertently deter talented individuals from accepting positions that may force them to relocate.”

“The cost of moving is high. When public servants relocate in order to serve our nation, we should offer our support to alleviate that financial burden. This bill is an effort to ensure we’re giving talented workers the resources they need to work in our government,” Sen. Kaine said.

“When federal employees are required to relocate to continue their public service in a different part of the country or the world, they should not have to worry about paying additional federal taxes on their reimbursement for moving costs,” said Sen. Collins.  “Although the vast majority of federal workers are fully reimbursed for this additional cost, this bipartisan legislation would ensure that the remaining five percent of affected workers are fairly compensated for their moving expenses.”

“Federal civilian workers – from FBI agents to teachers on our military bases – work tirelessly to provide crucial services to Americans around the world. However, these men and women can face significant cost burdens when moving to their duty stations or returning home,” said Sen. Van Hollen. “This bill makes an important fix to address that issue. I am proud to join my colleagues in introducing this bipartisan legislation, and I will continue working to support our federal workforce.”

“Moving to Hawaii is expensive, but our country is better off when our Federal workers are able to relocate to serve our veterans, keep our country safe, protect the environment, and provide other forms of public service. This legislation helps to ensure that the cost of moving does not impede the important work civilian federal employees do in Hawaii and across the country every day,” said Sen. Hirono.

“The FBIAA supports the Relocation Expense Parity Act because it would authorize agencies to offset new tax burdens on employees who receive moving reimbursements.  It is important to close the gap in current law and help protect FBI Special Agents facing new financial burdens.  As part of our work to protect the Nation, Special Agents sign mobility agreements that subject them to transfer to meet the needs of the FBI. These moves are often expensive for Special Agents and their families. The Tax Cuts and Jobs Act eliminates the moving expense deduction, which historically offset this financial burden. Now, Special Agents who relocate to serve the FBI can face thousands of dollars of additional tax liability because moving reimbursement is considered ordinary income. Agencies like the Federal Bureau of Investigation are attempting to offset these new financial burdens, but their options are limited under the law.  We urge Congress to act quickly because Special Agents make sacrifices for the nation every day and should not confront financial penalties as result of being willing to serve anywhere they are needed,” said Thomas O’Connor, President of the FBI Agents Association.

“The Federal Law Enforcement Officers Association strongly supports the Relocation Expense Parity Act. Federal agents and law enforcement officers are subject to mobility agreements and frequently relocate to new duty stations throughout their career to protect and serve the American public. Such moves are stressful and costly enough for federal agents and their families - they do not need the additional burden of significant tax bills because they were required to relocate for their job. Agencies are also facing challenges hiring and deploying law enforcement officers, especially to border areas, and those barriers would be lowered with passage of this legislation. I commend Senators Warner, Kaine, Collins, Van Hollen, and Hirono for their leadership on this issue and for their support of federal law enforcement,” said Nathan Catura, National President of the Federal Law Enforcement Officers Association.

“Changes to how a federal employee is reimbursed for expenses related to their relocation have caused federal employees – many of them in law enforcement – to pay unexpected and unfair taxes. Fortunately, the Relocation Expense Parity Act, introduced by Senators Mark Warner, Tim Kaine, Susan Collins, Mazie Hirono, and Chris Van Hollen, helps to address this issue. NTEU commends the senators for their commitment to making sure our nation’s civil servants are treated fairly, especially those whose job requires them to uproot their families and relocate,” said Tony Reardon, National President of the National Treasury Employees Union.

“Federal employees who relocate to new duty stations or return home following completion of their service should not be thanked for their service with a huge tax invoice from the government. Especially as the government is competing for talent in a tight labor market – including in critical fields like law enforcement, cybersecurity, STEM - removing barriers to agencies hiring the talent they need and placing the employee where most needed is more essential than ever. SEA strongly supports the Relocation Expense Parity Act and commends Senator Warner and his colleagues for their continued focus on this issue,” said Bill Valdez, President of the Senior Executives Association.

“I worked for DoDEA schools for decades, ensuring military dependents received a great education, and it was always with the understanding that the government would pay to move my family and our possessions back home when my DoDEA career ended. Suddenly, just months before I was set to retire, I learned the new tax law would make such moving assistance taxable, causing my tax liability for this year to increase by thousands of dollars. Being saddled with this tax debt is a huge unforeseen cost to retirees like myself. It deals a severe blow to my financial situation for retirement and I believe it will cause other current employees to delay their retirements because they cannot afford the tax bill they would incur by moving back home. We’ve been told throughout our careers that the government would pay to ship our stuff home when we left DoDEA. To suddenly make those moving services taxable to us is unfair and hurtful!” said Alex Veto, recently retired teacher from Vilseck High School in Germany, a Department of Defense Education Activity (DoDEA) school.

“Taxing moving allowances and benefits for new hires into the Department of Defense Education Activity will create a huge financial burden for these individuals and make the task of recruiting and hiring qualified employees for overseas locations much harder. Why would anyone agree to uproot themselves – and, in many cases, their families – in order to move halfway around the world if doing so will cause them to incur thousands of dollars in tax liability? And that’s on top of the enormous expenses and stresses anyone agreeing to relocate overseas for government work already faces. The fact is, DoDEA will find it increasingly difficult to find top-tier educators to come work in its schools and the military dependents who have come to rely on such excellent educators staffing DoDEA schools will the ones who suffer as a result,” said H.T. Nguyen, Executive Director of the Federal Education Association.

Currently, some federal workers who have to relocate for work are eligible to have their moving expenses paid by the government, which allows them to relocate without worrying about whether they will be able to afford it. However, the 2017 tax bill eliminated the deduction for job-related moving costs, as well as the exclusion for reimbursements or in-kind contributions made by employers to defray the cost of moving. As a result, almost all moving cost reimbursements became recognized as taxable income. This situation is causing a particular burden for civilian federal employees who, after being assigned to a new duty station, have discovered that hundreds or even thousands of dollars have been withheld from their paychecks, often with little advance notice, in order to cover the cost of taxes associated with moving reimbursements from the federal government.

Following a letter sent by Sens. Warner and Kaine, the General Services Administration (GSA) clarified its rules, allowing about 95 percent of federal workers to be repaid for these taxes. Unfortunately, the remaining five percent of eligible workers remain responsible for covering thousands of dollars in taxes out of pocket.

The Relocation Expense Parity Act would close the gap for these five percent of workers, benefiting agencies who are likely to have recruitment problems if they do not refund employees for their relocation reimbursement taxes. The Department of Defense, for example, hires thousands of teachers for schools on military bases across the globe, and moving cost reimbursements can artificially inflate teachers’ salaries, burdening them with steep taxes. Departments like the Federal Bureau of Investigation (FBI) would also benefit from this legislation, as they have a high number of transfers upon hire.

Rep. Elaine Luria (D-VA) plans to introduce companion legislation in the House of Representatives in the coming weeks.

More information about this bill can be found here. For the text of the bill, click here. The legislation was previously introduced in the 115^th Congress.

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WASHINGTON – Today the Vice Chairman of the Senate Select Committee on Intelligence, U.S. Sen. Mark R. Warner (D-VA), joined with U.S. Sen. Susan Collins (R-ME), a member of the Committee, to introduce bipartisan legislation to protect the integrity of the security clearance process and ensure that it cannot be abused for political purposes.

“Americans should be able to have confidence that the security clearance process is being used only to protect our nation’s greatest secrets,” said Sen. Warner. “Our bipartisan bill will make clear that security clearances are not to be used as a tool to punish political opponents or reward family members, but to ensure personnel are thoroughly vetted to the highest standards.”

“The security clearance system is critical to protecting our country from harm and safeguarding access to our secrets. Americans should have the utmost confidence in the integrity of the security clearance process,” said Sen. Collins. “This bipartisan bill would make the current system more fair and transparent by ensuring that decisions to grant, deny, or revoke clearances are based solely on established adjudicative guidelines.” 

The Integrity in Security Clearance Determinations Act will ensure that the security clearance process is fair, objective, transparent, and accountable by requiring decisions to grant, deny, or revoke clearances to be based on published criteria. It explicitly prohibits the executive branch from revoking security clearances based on the exercise of constitutional rights, such as the right to freely express political views, or for purposes of political retaliation. It also bans agencies from using security clearances to punish whistleblowers or discriminate on the basis of sex, gender, religion, age, handicap, or national origin.

The bipartisan bill also codifies in statute the right of government employees to appeal decisions to deny or revoke a security clearance, and requires the government to publicly publish the results of such appeals – providing transparency, accountability and basic due process rights in an otherwise opaque and irregular process. 

The legislation aims to enhance the rigor and accountability of our security clearance process and to prevent abuses. It complements other reforms the executive branch is undertaking to modernize how the government processes clearances, and was developed with input from a wide range of experts across the government and in private law practice. 

A copy of the bill text is available here. 

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WASHINGTON – At a Senate Banking Committee hearing today, U.S. Sen. Mark R. Warner (D-VA) pressed the Director of the Consumer Financial Protection Bureau (CFPB), Kathy Kraninger, on the Trump Administration’s decision to rescind a rule that would have protected Virginians from predatory lending practices.  

The CFPB’s payday lending rule would have required payday lenders to determine upfront whether or not a borrower can afford to pay back a loan without having to take out another loan – an important step in reining in predatory business practices by payday lenders nationwide that are designed to exploit the financial hardships facing millions of hardworking families. The payday lending rule was first proposed under the Obama Administration and finalized in 2017 after more than five years of study and reviewing 1 million public comments. However, last month, Kraninger – President Trump’s choice to lead the CFPB – proposed changes that would effectively gut the rule, leaving consumers exposed to predatory, high interest rate loans. Warner pressed Kraninger to explain that decision.

“I think you made a dreadful error in rescinding the payday lending rule. What I am trying to also understand is that the agency spent five years doing research into this rule. And I can remember when the CFPB issued this rule back in 2017, and opponents of the rule at that moment in time, said ‘Oh my God!’ I think it was, 1690 pages, ‘This is way too much information! Way too much data!’ Now, when you rescind [the rule], you are basically throwing all that data and all that information out, for this new approach. What has factually changed that undermined the five years of data and research that went into the original payday lending rule that has allowed you to make this determination?” Warner pressed Kraninger.

Payday lenders typically offer small loans to borrowers who are required to pay them back in a short amount of time. The loans can come with annual interest rates of 300 percent or more, according to the CFPB’s own data. More than 80 percent of those loans are rolled over into another loan within two weeks, meaning the borrower is adding to their debt before they’ve paid off the initial loan.

Warner told Kraninger at today’s hearing, “I respectfully remember how long this rule took to put in place. We remember how much research was done. I don’t believe you’ve got a factual basis. I think this was a politically-driven decision. And I’m deeply concerned by your decision” to rescind the payday lending rule.  

Congress created the CFPB to protect Americans from unfair, deceptive and abusive lending practices. Predatory lenders often target hardworking borrowers who find themselves in need of quick cash – often for things like necessary car repairs or medical emergencies – by charging them excessive interest rates and hidden fees that trap them in long-term cycles of debt. Nearly 12 million Americans use payday loans each year, incurring more than $9 billion annually in fees.

This is not the first time Warner has raised concerns about the Trump Administration rolling back the payday lending rule. Last April, in a hearing before the Senate Banking Committee, Warner pressed then-Acting Director of the CFPB, Mick Mulvaney, not to undo the rule. Sen. Warner also previously wrote to Mulvaney, urging the Administration not to repeal the payday lending rule.

The full transcript of Sen. Warner’s exchange with Director Kraninger today follows:

Warner: I think you made a dreadful error in rescinding the payday lending rule. And what I’m trying to also understand is that the agency spent five years doing research into this rule. And I can remember when the CFPB issued this rule back in 2017. And opponents of the rule at that moment in time said,  ‘Oh my God!’ I think it was, 1690 pages, ‘This is way too much information! Way too much data!’ Now, when you rescind [the rule], you are basically throwing all that data and all that information out, for this new approach. What has factually changed that undermined the five years of data and research that went into the original payday lending rule that has allowed you to make this determination?

Kraninger: Senator if I could, the full record from the prior rulemaking is absolutely part of the process going forward. So that’s an important thing that I would just note –

Warner: But that full rule making included conclusions that were indicated, based upon the Senator from Maryland’s criteria, that this was a rule that was well-needed to protect a whole host of consumers. The fact that we’re now, all this work is kind of, in a sense, thrown out. What has factually changed in the underlying analysis that has allowed you to, I believe, rather arbitrarily throw out this rule?

Kraninger: The bureau is an active litigation over the very issue that the reconsideration is intended to address. And that is the legal and factual basis, whether is it robust and rigorous enough to warrant the determination of abusive and unfairness in this market without those mandatory underwriting requirements. And so that is the very issue that is being looked at in the reconsideration. 

Warner: I respectfully remember how long this rule took to put in place. We remember how much research was done. I don’t believe you’ve got a factual basis. I think this was a politically-driven decision. And I’m deeply concerned by your decision.

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WASHINGTON – Bipartisan legislation to improve the cybersecurity of Internet-connected devices will be introduced today in the Senate and the House of Representatives. The Internet of Things (IoT) Cybersecurity Improvement Act of 2019 would require that devices purchased by the U.S. government meet certain minimum security requirements. 

The legislation is being introduced in the Senate by U.S. Sens. Mark R. Warner (D-VA) and Cory Gardner(R-CO), co-chairs of the Senate Cybersecurity Caucus, along with Sens. Maggie Hassan (D-NH) and Steve Daines (R-MT), while Reps. Robin Kelly (D-IL) and Will Hurd (R-TX) are introducing companion legislation in the House of Representatives.

“While I’m excited about their life-changing potential, I’m also concerned that many IoT devices are being sold without appropriate safeguards and protections in place, with the device market prioritizing convenience and price over security,” said Sen. Warner, a former technology entrepreneur and executive and Vice Chairman of the Senate Select Committee on Intelligence. “This legislation will use the purchasing power of the federal government to establish some minimum security standards for IoT devices.” 

“The Internet of Things (IoT) landscape continues to expand, with most experts expecting tens of billions of devices to be operating on our networks within the next several years,” Sen. Gardner said. “As these devices continue to transform our society and add countless new entry points into our networks, we need to make sure they are secure, particularly when they are integrated into the federal government’s networks. Agencies like the National Institute of Standards and Technology (NIST), which has a major campus in Boulder, are key players in helping establish guidelines for improved IoT security and our bill builds on those efforts. As co-chairs of the Senate Cybersecurity Caucus, Senator Warner and I remain committed to advancing our nation’s cybersecurity defenses.”

“As the government continues to purchase and use more and more internet-connected devices, we must ensure that these devices are secure. Everything from our national security to the personal information of American citizens could be vulnerable because of security holes in these devices,” said Rep. Kelly. “It’s estimated that by 2020 there will be 30 million internet-connected devices in use. As these devices positively revolutionize communication, we cannot allow them to become a backdoor to hackers or tools for cyberattacks.”

“Internet of Things devices will improve and enhance nearly every aspect of our society, economy and our day-to-day lives. This is groundbreaking work and IoT devices must be built with security in mind, not as an afterthought,” said Rep. Hurd, former computer science major, cybersecurity entrepreneur and Chair of the House Subcommittee on Information Technology. “This bipartisan legislation will make Internet of Things devices more secure and help prevent future attacks on critical technology infrastructure.”

“With everything from LED lights to thermostats connected to the internet, we need to act swiftly to step up security for ‘internet of things’ devices to prevent hackers from disrupting our economy and threatening public safety,” Sen. Hassan said. “By requiring the federal government to only purchase devices that meet certain cybersecurity standards, this bill will help protect federal agencies against hackers who are seeking to exploit internet of things devices in order to steal critical national security information and the private data of Granite Staters and Americans.”

“As the Internet of Things landscape grows – we must ensure that Montanan’s information is safe and the security of our critical infrastructure is protected,” said Sen. Daines. “This bill helps establish proper safeguards that balance the need to protect Montanan’s privacy and our national security with the growing tech economy and high-paying jobs it provides.”

The Internet of Things, the term used to describe the growing network of Internet-connected devices and sensors, is expected to include over 20 billion devices by 2020. While these devices and the data they collect and transmit present enormous benefits to consumers and industry, the relative insecurity of many devices presents enormous challenges. Sometimes shipped with factory-set, hardcoded passwords and oftentimes unable to be updated or patched, IoT devices can represent a weak point in a network’s security, leaving the rest of the network vulnerable to attack. IoT devices have been used by bad actors to launch devastating Distributed Denial of Service (DDoS) attacks against websites, web-hosting servers, and internet infrastructure providers. 

At a hearing of the Senate Armed Services Committee last year, the Director of the Defense Intelligence Agency, Lt. General Robert Ashley, described exploitation of insecure IoT devices as one of the two “most important emerging cyber threats to our national security.” Last May, the Departments of Commerce and Homeland Security published a report highlighting the IoT market forces that reward low-price and convenience at the expense of security. The signature recommendation of the May 2018 report was that the Federal government should “lead by example” by requiring the acquisition of more secure and resilient products and services, particularly IoT. The IoT Cybersecurity Improvement Act will address both this market failure and the supply chain risk to the federal government stemming from insecure IoT devices by establishing light-touch, minimum security requirements for procurements of connected devices by the government. 

Specifically, the Internet of Things (IoT) Cybersecurity Improvement Act of 2019 would:

• Require the National Institute of Standards and Technology (NIST) to issue recommendations addressing, at a minimum, secure development, identity management, patching, and configuration management for IoT devices.

• Direct the Office of Management and Budget (OMB) to issue guidelines for each agency that are consistent with the NIST recommendations, and charge OMB with reviewing these policies at least every five years.

• Require any Internet-connected devices purchased by the federal government to comply with those recommendations.

• Direct NIST to work with cybersecurity researchers and industry experts to publish guidance on coordinated vulnerability disclosure to ensure that vulnerabilities related to agency devices are addressed.

• Require contractors and vendors providing IoT devices to the U.S. government to adopt coordinated vulnerability disclosure policies, so that if a vulnerability is uncovered, that information is disseminated.

“BSA applauds Senators Warner and Gardner for their leadership in securing the IoT, and calls on Congress to act swiftly to advance this important legislation,” said Tommy Ross, Senior Policy Director, BSA | The Software Alliance. “As IoT devices increasingly bring greater productivity and quality of life to consumers and businesses across sectors, we must be proactive in addressing the unique security considerations they bring.” 

“Internet-aware devices raise deep and novel security issues, with problems that could arise months or years after purchase, and spill over to people who aren't the purchasers. This bill leverages the government procurement market, rather than direct regulation, to encourage Internet-aware device makers to employ basic security measures in their products,” said Jonathan Zittrain, Co-Founder of Harvard University’s Berkman Klein Center for Internet & Society.

“Insecure and unsecured IoT devices are a risk we must address, and it will only happen if the government and the private sector both step up. I'm glad that Senators Warner and Gardner and Representatives Kelly and Hurd are continuing to push this issue,” said Jeff Greene, Vice President of Global Government Affairs & Policy at Symantec.

“Weak IoT security with little oversight puts the American public at risk, particularly as these devices become more and more common in our offices and in our homes. We need a coordinated approach. Empowering NIST to set standards for the development and management of these devices, as the IoT Cybersecurity Improvement Act of 2019 proposes, will help secure the sensitive data held by the government and the private information shared within our homes,” said Alan Davidson, Vice President of Global Policy, Trust, and Security at Mozilla. 

“The proliferation of insecure Internet-connected devices presents an enormous security challenge. The risks are no longer solely about data; they affect flesh and steel. The market is not going to provide security on its own, because there is no incentive for buyers or sellers to act in anything but their self-interests. I applaud Senator Warner and his cosponsors for nudging the market in the right direction by establishing thorough, yet flexible, security requirements for connected devices purchased by the government,” said Bruce Schneier, Fellow and Lecturer at Harvard Kennedy School of Government. 

“Cloudflare applauds Senators Warner and Gardner, Representatives Kelly and Hurd, and their cosponsors for their continued efforts to address the risks posed by improperly secured IoT devices with the introduction of this latest bill. Using the government procurement process to encourage security research and innovation will make the U.S. Government a leader in this area, and should open up a robust discussion of these issues. Cloudflare looks forward to continuing to work with them as this bill moves forward,” said Doug Kramer, General Counsel, Cloudflare Inc. 

“IoT device insecurity is a serious problem that needs to be addressed. Although much must be done to address this problem, the longest journey begins with a single step—and this bill is just such a step in moving the ball forward on IoT security for government procurements,” said Dr. Herb Lin, senior research scholar for cyber policy and security at the Center for International Security and Cooperation and Hank J. Holland Fellow in Cyber Policy and Security at the Hoover Institution, both at Stanford University.

"Billions of devices connect our world and in the coming years we will see billions more. Each device adds to an expanding and elastic attack surface that creates a massive gap in the ability to truly understand cyber risk at any given time. The Internet of Things (IoT) Cybersecurity Improvement Act, introduced by Representatives Robyn Kelly (D-IL) and Will Hurd (R-TX), tasks NIST with developing security guidelines to address critical vulnerabilities in the development of IoT devices that the federal government purchases. This legislation will help the government better manage its cyber risks, and provide a strong example for other organizations.  We also strongly support the call for NIST to develop a report that addresses Cyber Exposure considerations related to the increasing convergence of IT, IoT, and OT devices, networks and systems, as the modern enterprise must manage risk across all these environments," said James Hayes, Vice President of Global Government Affairs at Tenable.

“We applaud Senators Warner and Gardner and Representatives Kelly and Hurd for introducing the Internet of Things (IoT) Cybersecurity Improvement Act of 2019. The wireless industry is committed to ensuring the security of IoT devices and we look forward to working with the sponsors of the legislation on policies that will help protect consumers,” said Kelly Cole, Senior Vice President for Government Affairs at CTIA.

Similar legislation was previously introduced in the 115^th Congress.

Sen. Warner wrote to the Federal Trade Commission (FTC) in July 2016 raising concerns about the security of children’s data collected by Internet-connected “Smart Toys.” In May 2017, the Senator wrote a follow-up letter to Acting FTC Chairwoman Maureen Ohlhausen reiterating his concerns following comments by the Chairwoman that the risks of IoT devices are merely speculative. In response to the Senator’s concerns, the FTC issued updated guidance on protecting children’s personal data in connected toys. Immediately in wake of October’s devastating DDoS attack on the nation’s internet infrastructure by the Mirai botnet, Sen. Warner wrote the FCC, FTC, and NCCIC to raise concerns about the proliferation of botnets composed of insecure devices. Sen. Warner also wrote to Office of Management and Budget Director Mick Mulvaney and Secretary of Homeland Security John Kelly in May 2017 asking what steps the Federal Government had taken to defend against WannaCry ransomware.

Sen. Warner, the Vice Chairman of the Senate Select Committee on Intelligence and former technology executive, is the co-founder and co-chair of the bipartisan Senate Cybersecurity Caucus and a leader in Congress on security issues related to the Internet of Things (IoT).

Bill text is available here.

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Washington – U.S. Sens. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, Dianne Feinstein (D-CA), Ranking Member of the Senate Committee on the Judiciary, Bob Menendez (D-NJ), Ranking Member of the Senate Committee on Foreign Relations, and Jack Reed (D-RI), Ranking Member of the Senate Committee on Armed Services, wrote today to the Director of National Intelligence (DNI) and the Inspector General of the Intelligence Community, requesting areview of the Trump administration’s compliance with security clearance policies and procedures. This request comes on the heels of alarming reports that detail how President Trump ignored objections from White House Counsel Donald McGahn and Chief of Staff John F. Kelly, and granted security clearances to his daughter, Ivanka Trump, and her husband Jared Kushner.

“We write to request that you review compliance by the Executive Office of the President (EOP) with policies and procedures governing security clearances and access to secure compartmented information (SCI),” the Senators wrote. “We also request that you review the adequacy of policies and procedures to ensure that mitigation measures are implemented when eligibility to access to classified information is granted despite potential security risks. We believe that you have the authority and expertise to conduct this review, including in your role as Security Executive Agent under Executive Order 13467.” 

The improper handling of these clearances is just the latest in a series of allegations that highlight substantial irregularities and questionable decisions by the Trump Administration. Additional reports claim that former White House Staff Secretary Robert Porter was allowed to handle extremely sensitive information for over a year with an interim clearance, despite his record of domestic abuse, and that the White House overturned an unprecedented 30 clearance adjudication recommendations made by career security professionals. 

Noting that the Trump Administration is currently working on transforming the security clearance system to reflect new threats, modern technologies, and the nation’s mobile workforce, the Senators emphasized the need to ensure that today’s system operates with integrity, especially at the White House.

Sen. Warner has been an outspoken critic of the Trump Administration’s abuse of the security clearance process. He also recently reintroduced legislation to modernize the government’s antiquated security clearance system and reduce the background investigation backlog.

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

March 8, 2019

The Honorable Daniel Coats

Director of National Intelligence

Office of the Director of National Intelligence

Washington, DC 20511

The Honorable Michael K. Atkinson

Inspector General of the Intelligence Community

Washington, DC 20511

Dear Director Coats and Inspector General Atkinson:

We write to request that you review compliance by the Executive Office of the President (EOP) with policies and procedures governing security clearances and access to secure compartmented information (SCI).  We also request that you review the adequacy of policies and procedures to ensure that mitigation measures are implemented when eligibility to access to classified information is granted despite potential security risks.  We believe that you have the authority and expertise to conduct this review, including in your role as Security Executive Agent under Executive Order 13467.

Public reporting over the last two years has raised serious concerns of alleged irregularities and questionable decisions related to eligibility determinations for EOP personnel access to classified information. These allegations include abuse in granting interim clearances, to include for access to SCI; revoking a former senior intelligence official’s eligibility for access to classified information seemingly for reasons of political retribution; overruling unfavorable adjudications made by career security professionals in some 30 cases; and the President’s decision himself to grant his daughter and son-in-law clearances despite the documented concerns from the White House Counsel and Chief of Staff.

The Administration is undertaking an important transformation of the security clearance system to reflect today’s threats, today’s mobile workforce, and modern technologies.  While we must stay focused on that larger reform effort, we must ensure that today’s system operates with integrity, particularly at the White House.

We look forward to your attention to this matter and request you brief us on the results of your reviews within 60 days.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Marco Rubio (R-FL) and Ron Wyden (D-OR) today reintroduced legislation to ensure that a wide range of comparative data about higher education programs is more readily available for prospective students and their families. The Student Right to Know Before You Go Act of 2019 will increase access to information about school graduation rates, debt levels, how much graduates can expect to earn, and other education and workforce-related measures of success as they make important decisions about higher education.   

“Choosing a college or university is a major financial decision—it can affect students’ likelihood of graduating, the amount of student loan debt they will incur, and their future earning potential,” said Sen. Warner. “Students and families making such critical decisions have the right to know whether they are making a worthwhile investment, and this legislation will make important information available for those weighing different options.”                        

According to data from the State Council of Higher Education for Virginia (SCHEV), 62 percent of recent Virginia graduates have student loan debt, with an average debt of more than $33,000. With rising educational costs and uncertainty in the job market, students must be able to inform themselves as much as possible before making costly decisions about their futures. However, individuals considering a higher education are often forced to make life-altering financial and educational decisions based on information that is inadequate, inaccurate, or both. Institutional data available through the Department of Education’s College Scorecard is limited, and similar data published by individual states typically looks only at first-time, full-time students or students who remain in the same state after graduating. 

The Student Right to Know Before You Go Act would make available accurate information about college and student outcomes while also prioritizing the privacy of student information. The bill would safeguard student privacy by using secure multiparty computation (MPC), an advanced encryption technique, to generate statistical data based on student information from colleges and universities, as well as loan and income information from government agencies like the Internal Revenue Service (IRS) and Department of Education. MPC ensures that no entity has to “give up” sensitive information in a way that is accessible to others. 

Sen. Warner has introduced several bills to improve transparency, accountability, and affordability in higher education, and help borrowers better manage their student loan debts. The Employer Participation in Repayment Act would allow employers to apply pre-tax income to help their employees with student loan payments. The Dynamic Student Loan Repayment Act would make income-based repayment the default option for borrowers. The Go to High School, Go to College Act would give eligible students access to their Pell Grant dollars while enrolled in early college courses. Finally, the Empowering Students Through Enhanced Financial Counseling Act would promote financial literacy by providing students who are recipients of federal financial aid with comprehensive counseling services.

Bill text can be found here. A summary and chart of the bill’s key provisions can be found here. A section-by-section summary of the bill can be found here.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined Sen. Jack Reed (D-RI) and the entire Senate Democratic Caucus in calling for the Consumer Financial Protection Bureau (CFPB) to protect U.S. military personnel and their families from predatory lenders. In a letter addressed to CFPB Director Kathleen Kraninger, the Senators urged CFPB not to cease checking for compliance with the Military Lending Act (MLA) in the Bureau’s routine lender examinations.

“When the CFPB was making every effort to protect servicemembers and their families, its own routine examination of one payday lender uncovered a violation of the MLA, where loans at rates higher than 36% were being extended to more than 300 active-duty servicemembers or their dependents,” the Senators wrote. “We urge you to continue these examinations in order to pursue the clear bipartisan goals of supporting military readiness, saving taxpayer money, and protecting our servicemembers and their families from predatory lenders.”

They concluded, “The CFPB should not have to be persuaded to stand up for consumers, especially military consumers and their families who simply do what’s right when asked to protect and defend our nation.  We urge you to do your duty and carry out the CFPB’s mission by standing with servicemembers and their families and ensuring that they receive all of the MLA protections they have earned.”

The MLA was passed in 2006 with bipartisan support to help safeguard active-duty military members and their families from financial fraud, predatory loans, and credit gouging. The law caps at 36% the annual interest rate for an extension of consumer credit to a servicemember or their dependents. It also strengthens military readiness by helping to preventing unnecessary servicemember separations caused by predatory lending. According to the Department of Defense (DOD), losing a servicemember due to personal issues, such as financial instability, costs taxpayers and DOD more than $58,000 per separated servicemember. In their letter, the Senators also requested that the bureau provide a full justification of its decision put servicemembers at risk. 

Sens. Warner and Kaine have previously pressed the administration on this issue, and have been outspoken advocates for Virginia’s active duty military personnel, veterans, and their families. In February, they wrote to the Secretaries of the U.S. Navy, Army, and Air Force, requesting information about military housing contracts with private companies after allegations surfaced of health hazards for military families. They also called on the VA in November to resolve payment issues that threatened to displace veterans from their homes.

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

Hon. Kathleen Kraninger

Director

Consumer Financial Protection Bureau

1700 G St. N.W.

Washington, D.C. 20552

Dear Director Kraninger:

We write to request that you fulfill the Consumer Financial Protection Bureau’s (CFPB) mission by including compliance with the Military Lending Act (MLA) in the Bureau’s routine lender examinations, as was its practice prior to November 2018.  In short, we urge you to stand up to predatory lenders and stand with servicemembers and their families.

In 2006, Republicans and Democrats set aside partisanship and worked across the aisle to enact the MLA, which not only caps at 36% the annual interest rate for an extension of consumer credit to a servicemember or his or her dependents, but also strengthens military readiness by preventing unnecessary servicemember separations caused by predatory lending.  According to DOD, losing a servicemember due to personal issues, such as financial instability, costs taxpayers and DOD more than $58,000 for each separated servicemember.

Indeed, when the CFPB was making every effort to protect servicemembers and their families, its own routine examination of one payday lender uncovered a violation of the MLA, where loans at rates higher than 36% were being extended to more than 300 active-duty servicemembers or their dependents.  We urge you to continue these examinations in order to pursue the clear bipartisan goals of supporting military readiness, saving taxpayer money, and protecting our servicemembers and their families from predatory lenders.

The CFPB’s existing statutory authorities are more than sufficient to justify including MLA compliance in routine examinations, and to our knowledge, the CFPB’s authority in this regard has never been challenged.

As explained by the Consumer Federation of America in its November 1, 2018 legal analysis - Missing in Action? Consumer Financial Protection Bureau Supervision and the Military Lending Act - the relevant statutory provisions give the CFPB more than one basis for including the MLA in CFPB examinations.

For instance, one such provision, Section 1024(b)(1)(C) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, explicitly states that the CFPB “shall require reports and conduct examinations on a periodic basis…for purposes of…detecting and assessing risks to consumers and to markets for consumer financial products and services.”  Charging servicemembers and their families more than 36% interest for loans is clearly a risk to consumers and indeed, DOD has stated that “high-cost debt can detract from mission focus, reduce productivity, and require the attention of supervisors and commanders.”  Therefore, the CFPB is authorized under Section 1024(b)(1)(C) to conduct examinations for this purpose. 

When Office of Management and Budget Director Mick Mulvaney removed MLA compliance from CFPB examinations, he argued that “such a broad statutory reading offers little to restrain the Bureau from supervising for compliance with a wide variety of other laws.”  To be clear, based on the plain text of Section 1024(b)(1)(C), Congress specifically intended this broad statutory reading.  In the aftermath of the worst financial crisis in decades where safety and soundness regulators failed to keep a watchful eye over Wall Street and predatory lenders, Congress provided the CFPB with broad powers to protect consumers – with an explicit focus on servicemembers and their families – so that risks could be spotted before they caused irreparable harm.  In short, the CFPB continues to have all the authority it needs to include the MLA as part of its routine lender examinations.  There is no law that prevents you from doing so.  

The CFPB should not have to be persuaded to stand up for consumers, especially military consumers and their families who simply do what’s right when asked to protect and defend our nation.  We urge you to do your duty and carry out the CFPB’s mission by standing with servicemembers and their families and ensuring that they receive all of the MLA protections they have earned.  Please provide a full justification of the current CFPB leadership’s decision to put servicemembers at risk by failing to do its duty no later than Friday, March 8, 2019.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined Sen. Tom Carper (D-DE) as original co-sponsors of Senate legislation to make Washington, D.C. the 51^st state. The Washington, D.C. Admission Act would establish congressional boundaries for the 51^st state and grant D.C. residents Congressional representation.  

“It’s time to end taxation without representation,” said Sen. Warner. “It’s time for Virginia’s neighbors – who pay their fair share in taxes – to be treated like any other American.”

“Virginia’s neighbors in D.C. deserve representation just like every other American,” said Sen. Kaine. “It’s far past time to recognize D.C. as our nation’s 51st state and grant hundreds of thousands of taxpaying Americans this fundamental right.”

In November 2016, D.C. residents voted overwhelmingly to petition the federal government to become a state. The referendum also approved a name, constitution, and boundaries for what would become the new state called Washington, Douglass Commonwealth (D.C.). 

Also joining Sens. Warner, Kaine and Carper on the legislation are Sens. Ben Cardin (D-MD), Chris Van Hollen (D-MD), Kamala Harris (D-CA), Richard Blumenthal (D-CT), Chris Murphy (D-CT), Michael Bennet (D-CO), Chris Coons (D-DE), Mazie Hirono (D-HI), Brian Schatz (D-HI), Richard Durbin (D-IL), Tammy Duckworth (D-IL), Elizabeth Warren (D-MA), Ed Markey (D-MA), Amy Klobuchar (D-MN), Tina Smith (D-MN), Maggie Hassan (D-NH), Cory Booker (D-NJ), Catherine Cortez Masto (D-NV), Chuck Schumer (D-NY), Kirsten Gillibrand (D-NY), Sherrod Brown (D-OH), Jeff Merkley (D-OR), Patrick Leahy (D-VT), Bernie Sanders (I-VT), Tammy Baldwin (D-WI) and Patty Murray (D-WA).

This week, Sen. Warner met with D.C. Mayor Muriel Bowser to discuss several issues affecting Virginians and D.C. residents, including his decision to support the city’s renewed push for D.C. statehood in the 116^th Congress. 

Del. Eleanor Norton Holmes (D-DC) introduced companion legislation in the House of Representatives. The legislation is part of the For the People Act of 2019, a landmark voting rights and election reform package.

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

WASHINGTON, DC – In an effort to better protect customers, increase transparency for investors, and ensure public companies are prioritizing cybersecurity and data privacy, U.S. Senators Jack Reed (D-RI), Susan Collins (R-ME), Mark Warner (D-VA), John Kennedy (R-LA), and Doug Jones (D-AL) are introducing S. 592, the Cybersecurity Disclosure Act of 2019.  Congressman Jim Himes (D-CT), who serves on the House Financial Services Committee and the House Permanent Select Committee on Intelligence, will be introducing the companion legislation in the House of Representatives.  

The Reed-Collins-Warner-Kennedy-Jones legislation would require publicly traded companies to include in its Securities and Exchange Commission (SEC) disclosures to investors information on whether any member of the company’s Board of Directors is a cybersecurity expert, and if not, why having this expertise on the Board of Directors is not necessary because of other cybersecurity steps taken by the company.  The legislation does not require companies to take any actions other than to provide this disclosure.

Cyberattacks on companies and business continue to increase in their sophistication, exposing customers and data to risk.  Indeed, according to the Identity Theft Resource Center, the number of records, containing personally identifiable information, exposed by data breaches in the business industry grew from 181,630,520 in 2017 to 415,233,143 in 2018, and in the medical and health care industry from 5,302,846 in 2017 to 9,927,798 last year.  Across all industries, the number of records containing personally identifiable information exposed by data breaches rose 126%, from 197,612,748 in 2017 to 446,515,334 in 2018. 

Deloitte’s 11th Global risk management survey of financial institutions found that “sixty-seven percent of respondents named cybersecurity as one of the three risks that would increase the most in importance for their business over the next two years, far more than for any other risk. Yet, only about one-half of the respondents felt their institutions were extremely or very effective in managing this risk.” And according to the 2018-2019 National Association of Corporate Directors Public Company Governance Survey, only 52 percent of directors “are confident that they sufficiently understand cyber risks to provide effective cyber-risk oversight,” and 58 percent “believe their boards collectively know enough about cyber risk to provide effective oversight.”

“Cybersecurity is one of the most significant and enduring challenges that all businesses, across industries, face and should be accounted for as part of the corporate risk management process.  With growing cyber threats, we must be proactive in bolstering our nation’s cybersecurity.   This legislation advances that goal by encouraging publicly traded companies to be more transparent about whether and how their Boards of Directors and senior management are prioritizing cybersecurity,” said Senator Reed, the Ranking Member of the Senate Armed Services Committee and a senior member of the Senate Banking Committee.  “As our economy becomes ever more dependent on technology and the Internet, our economic security is indeed a matter of national security.  Through the simple disclosure called for by this bipartisan legislation, we can strengthen cybersecurity oversight.”

“As cyberattacks become increasingly common, Congress must take action to better protect Americans from hackers attempting to steal sensitive data and personal information,” said Senator Collins, a member of the Senate Intelligence Committee.  “This bipartisan bill strengthens our nation’s cybersecurity by requiring companies to disclose to the public the basic steps they are taking to prevent cyberattacks.”

“Every day, determined cyberattackers target publicly traded companies in attempts to steal data. When successful, these attacks can be extremely damaging, which is why consumers and shareholders deserve to know whether companies’ boards have cyber expertise,” said Senator Warner, Vice Chairman of the Senate Select Committee on Intelligence and Ranking Member of the Senate Banking Subcommittee on National Security and International Trade and Finance. “This legislation will help inform consumers and shareholders by increasing transparency, and will serve as a tool to urge more reliable strategies to counter cyberattacks.”

“As our society increasingly relies on technology, businesses across all sectors of the economy must prioritize cybersecurity. A single cyberattack can cripple even the most sophisticated firms, and the public has a right to know whether companies are focused on preventing cybersecurity threats.  This bipartisan legislation will greatly increase transparency and accountability, and will ultimately help cybersecurity resilience across our economy,” said Senator Jones. 

The bipartisan Cybersecurity Disclosure Act of 2019 is supported by consumer advocates, investors, and securities law experts, including the North American Securities Administrators Association; the Council of Institutional Investors; the National Association of State Treasurers; the California Public Employees’ Retirement System; the Bipartisan Policy Center; Massachusetts Institute of Technology Professor Simon Johnson; Harvard Law Professor John Coates; Columbia Law Professor Jack Coffee; K&L Gates LLP; and the Consumer Federation of America.

WASHINGTON – Today, U.S. Senators Chris Van Hollen and Ben Cardin (both D-Md.) and Tim Kaine and Mark Warner (both D-Va.) sent a letter to Office of Management and Budget (OMB) Acting Director Russell Vought to request a timeline for the implementation of the 1.9 percent pay increase for federal employees that the Senators worked to pass into law earlier this year. While the pay increase was signed into law on February 15, the President has yet to sign an Executive Order to implement the increase. 

The Senators write, “As you know, Congress passed a 1.9% pay raise for federal workers, retroactive to January 1, in the Consolidated Appropriations Act that President Trump signed into law on February 15. However, federal worker paychecks still reflect the pay freeze that President Trump instituted for 2019 prior to passage of the Consolidated Appropriations Act.”

They continue, “More than 800,000 dedicated federal workers went without pay during the recent government shutdown. We ask that you provide a timeframe for when these civil servants will see this modest cost-of-living adjustment in their paycheck.”

Earlier this year, the Senators fought for the inclusion of this modest cost of living adjustment in the budget funding agreement. The full text of the letter is available here and below. 

Dear Mr. Vought:

We are writing to inquire about the status and timeline for implementing the 1.9% pay raise for federal workers that Congress enacted in legislation to fund the government for fiscal year 2019. 

As you know, Congress passed a 1.9% pay raise for federal workers, retroactive to January 1, in the Consolidated Appropriations Act that President Trump signed into law on February 15. However, federal worker paychecks still reflect the pay freeze that President Trump instituted for 2019 prior to passage of the Consolidated Appropriations Act.

More than 800,000 dedicated federal workers went without pay during the recent government shutdown. We ask that you provide a timeframe for when these civil servants will see this modest cost-of-living adjustment in their paycheck.

Thank you for your time and attention on this important matter.

Sincerely,

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WASHINGTON, D.C. – Today, the Senate Select Committee on Intelligence again favorably reported out the nomination of William R. Evanina to continue serving as Director of the National Counterintelligence and Security Center (NCSC). The nomination was first passed by the Committee last May.

“Director Evanina’s ability to effectively lead the NCSC is not in doubt,” Chairman Richard Burr (R-NC) said. “Over the years, he has proven time and again he has the real-world experience and professionalism our country needs to navigate increasingly complex threats to both the public and private sectors. Congress called attention to the importance of counterintelligence matters by making the director a Senate-confirmed position. It should confirm a full-time director without any further delay.” 

“Absolutely no one questions Bill Evanina's qualifications for a job he has been doing for years already in an acting capacity, which is why the Senate Intelligence Committee has once again unanimously approved his nomination to be Director of the National Counterintelligence and Security Center,” Vice Chairman Mark Warner (D-VA) said. “From brazen Russian espionage, to Chinese IP theft, to insider threats, our country is facing an enormous number of thorny and complex counterintelligence challenges. We need a Senate-confirmed leader to head our nation's counterintelligence strategy. Bill Evanina should be confirmed without further delay.” 

“I’m pleased to once again support Bill Evanina’s nomination as Director of the National Counterintelligence and Security Center.  Counterintelligence is vital to our national security and his confirmation for this position is long-overdue,” said Senator James Risch (R-ID).

“Today’s unanimous vote by the Intelligence Committee in favor of Bill Evanina’s nomination to be Director of the National Counterintelligence Security Center is a strong signal of support for Bill’s leadership of this crucial institution,” Senator Marco Rubio (R-FL) said. “At a time when the counterintelligence threats our nation faces have never been higher, I urge the full Senate to act on this nomination in short order.” 

“Director Evanina has a demonstrated track record of leadership, professionalism, and expertise in the counterintelligence field,” said Senator Roy Blunt (R-MO). “I’m proud to support his nomination to continue leading the National Counterintelligence and Security Center. I hope to see the Senate quickly move forward on confirming Director Evanina, and all of the senior intelligence community nominees we need in place to keep our country safe.”

“The United States is under constant threat from spies who seek to compromise our critical infrastructure and steal our most closely guarded secrets,” Senator Tom Cotton (R-AR) said. “Rival countries like China are engaged in sophisticated campaigns to penetrate the government agencies, industries, and research laboratories that power and protect our nation. Technology theft alone costs our nation tens of billions each year. The cost to our security is far higher. Counterintelligence professionals like William Evanina fight every day to protect our nation from foreign spies. Mr. Evanina is a former law-enforcement officer with years of experience in counterintelligence. I’m proud to support his re-nomination to lead the National Counterintelligence and Security Center.”

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance Committee, and Sen. Doug Jones (D-AL) were joined by Sen. Tim Kaine (D-VA) and six other Senators in introducing legislation that would allow states that expanded Medicaid after 2014 or expand in the years ahead to receive the same full federal matching funds as states that expanded earlier under the terms of the Affordable Care Act. The States Achieve Medicaid Expansion (SAME) Act of 2019 is also co-sponsored by Sens. Tammy Baldwin (D-WI), Tom Carper (D-DE), Chris Coons (D-DE), Angus King (I-ME), Gary Peters (D-MI), and Debbie Stabenow (D-MI). 

“It’s crazy that for so many years, Virginia taxpayers were footing the bill for states that had already expanded Medicaid. Today, Medicaid expansion is bringing billions of tax dollars back home to Virginia, and more than 400,000 Virginians have gained access to quality, low-cost or no-cost Medicaid coverage,” said Sen. Warner, a former Governor of Virginia. “This bill will bring even more federal dollars back to Virginia by making sure that we get the same deal from the federal government as states that expanded back in 2014. It also encourages the states that have yet to take the same step to expand Medicaid as Congress intended.” 

The bill would ensure that the twelve states that chose to expand Medicaid after January 1, 2014 are eligible for the same level of federal matching funds as those that expanded earlier under the terms of the Affordable Care Act. These states are Alaska, Idaho,Indiana, Louisiana, Maine, Michigan, Montana, Nebraska, New Hampshire, Pennsylvania, Utah and Virginia, where Medicaid expansion went into effect on January 1, 2019, finally allowing more than 400,000 Virginians to access low-cost or no-cost healthcare coverage under Medicaid. The bill would also provide a financial incentive to the 14 states that have not yet expanded Medicaid to do so. 

The Affordable Care Act provides financial support to states that have expanded their existing Medicaid programs to provide healthcare coverage to all individuals up to 138 percent of the federal poverty level. The federal government covers the full cost of expansion for three years, phasing down to a 90 percent match rate for the sixth year of the expansion and in subsequent years. Currently, states choosing to expand coverage after 2014 do not receive the same federal matching rates as those that expanded immediately. This is due to the Supreme Court’s holding in National Federation of Independent Business (NFIB) v. Sebelius, which made expansion optional for states, despite intentions to make Medicaid expansion national in 2014.

The SAME Act would ensure that any states that expand Medicaid receive an equal level of federal funding for the expansion, regardless of when they chose to expand. Under the bill, a state would receive three years of full federal funding, phasing down to a 95 percent Federal Medical Assistance Percentages (FMAP) in Year 4; a 94 percent federal contribution in Year 5; 93 percent in Year 6; and, 90 percent for each year thereafter.  

The SAME Act would save Virginia’s hospitals an estimated $300 million per year in the first three years of implementation, according to the Virginia Hospital & Healthcare Association. That increased federal funding under the SAME Act will be especially meaningful in medically underserved areas, where patients are more likely to be uninsured and hospitals have struggled to stay afloat financially and keep their doors open. In Virginia, two rural hospitals – in Patrick County and Lee County – have closed since 2013. 

“Virginia hospitals support Medicaid expansion as a means to improve access to care for thousands of uninsured Virginians. To achieve that, the Commonwealth’s hospitals voluntarily committed the financial resources necessary to cover Virginia’s 10 percent share of program costs not funded by the federal government,” said Virginia Hospital & Healthcare Association President and CEO Sean T. Connaughton. “Senator Warner’s legislation to ensure that states which expand Medicaid eligibility under the Affordable Care Act receive equivalent funding, regardless of their expansion date, is a welcome proposal that promotes funding equity among the states.” 

“This legislation will finally return money that Virginia taxpayers have been sending to the federal government for health coverage since 2010. It will also provide the financial wherewithal for the 14 states that have an expanded Medicaid eligibility to do so,” said Deborah Oswalt, Executive Director of the Virginia Health Care Foundation.

Thirty-three states and the District of Columbia have already expanded eligibility for Medicaid, and three more states – Idaho, Utah and Nebraska – have passed ballot initiatives to expand Medicaid soon. Fourteen states have not yet expanded their programs. In states that have failed to expand Medicaid as envisioned under the health care law, more than 2 million low-income adults fall into a “coverage gap,” due to incomes that are too high to be eligible for Medicaid, but are too low to meet the limit that would allow them to receive tax credits to purchase affordable coverage in the health care marketplace. Without Medicaid expansion, most of these individuals are likely to remain uninsured, as they have limited access to employer coverage and frequently find the cost of unsubsidized marketplace coverage to be prohibitively expensive.

Numerous studies have shown that expanding Medicaid benefits states directly and indirectly, in the form of jobs and earnings growth, generating additional federal revenue, increasing Gross State Product, increasing state and local revenues and reducing uncompensated care and hospital costs. 

“Many thanks to Senator Warner for reintroducing the SAME Act!  By ‘leveling the playing field’ for all states adopting Medicaid expansion, the legislation would provide a huge financial benefit to many states, including Virginia as the Commonwealth continues to implement new health coverage for up to 400,000 low income adults. It also provides a compelling incentive for the remaining states to adopt expansion without further delay.  It’s time to fully close the Medicaid Gap nationwide, which still leaves millions of Americans  uninsured and without any coverage options,” said the Virginia Poverty Law Center in a statement.

The SAME Act has endorsements from the Alliance for Retired Americans, American Cancer Society Cancer Action Network, American Federation of State, County and Municipal Employees (AFSCME), American Heart Association/American Stroke Association, Association of Medical Colleges, Center for Medicare Advocacy Inc., Center on Budget and Policy Priorities, Children's Defense Fund, Justice in Aging, Mental Health America, National Association of Area Agencies on Aging (n4a), National Association of Community Health Centers, National Committee to Preserve Social Security and Medicare, National Consumer Voice for Quality Long-Term Care, National Health Law Program, Protect Our Care, and Young Invincibles. A copy of the bill text is available here. 

“By refusing to expand Medicaid, Alabama has turned away $14 billion of our own taxpayer dollars. For years, those dollars could have been helping to keep our hospitals open, supporting good jobs in our communities, and providing health coverage for hundreds of thousands of Alabamians. This isn’t a partisan issue – expanding Medicaid is the right thing to do. Alabama can no longer afford not to expand, and our SAME Act legislation would ensure that states will get a fair deal when they do. I urge my colleagues on both sides of the aisle, and on both sides of Capitol Hill, to support this common sense bill,” said Sen. Jones. 

“I served as Governor of Delaware for eight years, and I know a good deal when I see one,” said Sen. Carper. “Thanks to the Affordable Care Act, Medicaid expansion ensured that over 11 million Americans – including 25,000 Delawareans – gained access to health care, many for the first time in their lives. The expansion of this vital program also helped to ensure that higher health care costs and expensive emergency room visits are not shouldered by American taxpayers. This is an obvious win-win, and tens of thousands of Delawareans have seen the clear benefits of Medicaid expansion in the First State. This bill will help to ensure more states – and more low-income Americans living in those states – can similarly benefit from Medicaid expansion while also keeping costs down for taxpayers. We must uphold our moral obligation to protect the most vulnerable members of our communities, while also avoiding placing increased financial burdens on state budgets.”

“Last year, Medicaid expansion in Virginia made 400,000 more people eligible for coverage,” Sen. Kaine said. “By guaranteeing states the same federal Medicaid funding incentives regardless of when they expand, this bill will help Virginia with its expansion program and encourage states that have not yet expanded Medicaid to make the same smart move.”

“Medicaid expansion has been a proven success in Michigan. It has helped provide access to quality, affordable health care for hundreds of thousands of Michiganders – including many for the first time in their lives,” Sen. Peters said. “This legislation is important because it will allow families in Michigan and across the country to access affordable health care, strengthening our communities as well as our economy.”

“Because of Healthy Michigan, more than 690,000 people in our state have access to quality health care, including cancer screenings, mental health services, and maternity care,” said Sen. Stabenow. “Our bill ensures that Michigan can receive additional federal resources to help families.”

“The people of Maine have made their wishes perfectly clear: they want Medicaid expansion,” said Sen. King. “Our state’s legislators voted six times to expand Medicaid under the Affordable Care Act, and each of these proposals was vetoed – so the voters of Maine took the issue into their own hands and decisively passed a referendum to expand Medicaid access to tens of thousands of Maine people. Our state government is in the process of fulfilling this responsibility, but due to delayed implementation, Maine stands to lose a significant portion of the federal funds that should go towards our most vulnerable citizens. The people of Maine don’t deserve to be punished for this delay – so while this expansion proceeds at the state level, I will continue fighting at the federal level to make sure our state receives the same benefits as those who expanded Medicaid earlier.”

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