WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today released the following statement after the General Assembly passed a historic resolution to make Virginia the final state needed to ratify the Equal Rights Amendment (ERA):

“It’s about time for women’s equal rights to be explicitly declared in our Constitution and we’re thrilled that Virginia will be the last state necessary to move this effort towards the finish line,” said the Senators. “Ratifying the ERA not only honors the work of all those who dedicated their lives to fighting for women’s equality, but also enhances our legal ability to fight future instances of gender-based discrimination throughout the country. We applaud Senator McClellan, Senator Locke, and Delegate Carroll Foy for their work on this resolution, and commend every advocate and activist across Virginia who has been a part of this important movement.” 

A proposed constitutional amendment must be ratified by 38 states in order to be eligible to become part of the Constitution. This resolution makes Virginia the 38^th state needed to guarantee women equal rights in the Constitution.

The ERA reads as follows:

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

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

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

In November, Sens. Warner and Kaine joined Sens. Ben Cardin (D-MD) and Lisa Murkowski (R-AK) in sponsoring a bipartisan Senate resolution to immediately remove the ratification deadline for the ERA and eliminate any ambiguity that may exist at the federal level.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $286.9 million in federal funds from the U.S. Army Corps of Engineers to complete long-standing projects in Buchanan and Dickenson counties. The funding is made available through the Additional Supplemental Appropriations for Disaster Relief Act, a bipartisan bill supported by Sens. Warner and Kaine that was signed into law on June 6, 2019 to help communities construct flood and storm damage reduction projects.

“We’re pleased to announce these federal funds to support the completion of critical flooding mitigation projects in Dickenson and Buchanan counties,” said the Senators. “Once completed, these projects will better protect schools, local businesses, and homes from potential flood damage.”

Buchanan County will receive $235.6 million in supplemental funding to complete the Hurley High School Floodproofing Agreement as well as the Buchanan County Career and Technical Center Relocation Agreement. Funds will also be used to implement voluntary floodproofing and acquisition actions for up to 730 residential and commercial structures.

Dickenson County will receive $51.3 million in supplemental funding that will be used to relocate the Haysi Municipal Building and implement voluntary floodproofing and acquisition actions for up to 218 residential and commercial structures.

As a result of the 1977 flood that caused roughly $257 million in damages across Dickenson and Buchanan counties and several states, Congress authorized flood-protection measures in the Energy and Water Development Appropriations (WRDA) Act of 1981. Section 202 of the bill directed the Secretary of the Army to begin the design and construction of flood damage reduction measures of the Tug and Levisa Forks of the Big Sandy River Basin that stretches into Southwest Virginia. Today’s announcement will help Buchanan and Dickenson counties fully fund their long-awaited projects.

In the Senate, Sens. Warner and Kaine have long supported legislation that makes water infrastructure rehabilitation projects like these possible. In 2018, the Senators voted to reauthorize WRDA to support critical water-related projects across the Commonwealth.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $437,900 in federal funding from the Environmental Protection Agency (EPA) to help the Virginia Department of Environmental Quality (DEQ) maintain, protect, and improve the water quality of its rivers, lakes, streams, groundwater, and other waterbodies.

“We are glad to see these federal dollars go towards maintaining healthy bodies of water across Virginia and making water quality assessment data more transparent and accessible,” said the Senators.

This funding will assist the Virginia DEQ in preventing the degradation and reducing the number of impaired waterbodies in the Commonwealth. It will help create a user-friendly interface to complete water quality assessments and provide stakeholders and the general public easy access to water monitoring assessment data. It will also help establish flood probability zones based on tide records and sea level rise projections, as well as map well locations and assess potential flood risks at intervals through 2100. Additionally, it will allow the Commonwealth to develop database guidance and analytical protocols for extending analysis to other localities.

The funding was awarded through a Water Pollution Control (Section 106) grant, which provides assistance to states and interstate agencies in establishing and maintaining adequate measures for prevention and control of surface and ground water pollution from both point and nonpoint sources.  

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Washington, D.C. – U.S. Senators Joe Manchin (D-WV), Doug Jones (D-AL), Mark Warner (D-VA), Tim Kaine (D-VA), Sherrod Brown (D-OH), and Bob Casey (D-PA) introduced S. 3172, the Black Lung Benefits Disability Trust Fund Solvency Act of 2020 which would extend the black lung excise tax through December 31, 2030 to ensure that coal miners suffering from the disease have access to the medical care that they desperately need. Without the revenue from this tax, the Black Lung Disability Trust Fund is at risk of future insolvency at a time when the nationwide prevalence of black lung is increasing.

“Every day our coal miners risk their lives to provide America with the energy we need to be the most powerful nation in the world and as a result, many of these brave miners have Black Lung Disease. Now, it’s our turn to support them and ensure that they receive the treatment and medical care they need. That is why I am proud to introduce the Black Lung Benefits Disability Trust Fund Solvency Act of 2020 with my fellow colleagues to extend the black lung excise tax and secure the Black Lung Disability Trust Fund for our coal miners across America who have given so much. I look forward to working with my colleagues on both sides of the aisle to pass this legislation and send it to the President’s desk,” said Senator Manchin.

“Alabama has nearly 3,000 coal miners, and we need to make sure that they are able to receive the care they need if they develop Black Lung disease. This bill is an important step towards making sure they have the resources they need in order to receive treatment for this disease,” said Senator Jones.

“Last year, we were proud to help secure miners’ health care and pension benefits in the annual government spending bill. This bill also extended funding for the Black Lung Disability Trust Fund through December 2020, providing some temporary relief for coal miners. However, as these miners and their families know, a one-year extension is not enough,” said Senator Warner. “Our coal miners have sacrificed so much in order to fuel our nation and they deserve to know that this critical funding won’t run out at the end of the year. Our legislation would further extend this funding through 2030 and provide peace of mind for miners who rely on the fund to get the care they need.”

“Miners put everything on the line to help power this nation each and every day. This disability trust fund is an effort to support their tireless work and help ensure those suffering from black lung can get much needed treatment,” Senator Kaine said.

“Ohio miners have put their health at risk for years to power our country,” said Senator Brown. “Congress must now do its part and extend the black lung tax, so we can ensure these minors have access to the care and resources needed to prevent and treat black lung disease.”

Coal miners have done some of most difficult work there is to power our country. The Black Lung Benefits Disability Trust Fund Solvency Act of 2020 would ensure the continuity of the trust fund, especially given the resurgence of Black Lung Disease, so the fund can continue to provide miners with Black Lung Disease the health and disability benefits they need,” said Senator Bob Casey.  “I will keep fighting to make sure that Congress keeps its promise to take care of our miners.”

Background on the Black Lung Disability Trust Fund:

• The Black Lung Disability Trust Fund is financed primarily by an excise tax on coal produced and sold domestically. This tax was first established in 1978 at $0.50 per ton on underground-mined coal, and $0.25 per ton on surface-mined coal. The funding was later raised to $1.10 per ton for underground-mined coal and $0.55 per ton for surface-mined coal.
• Due to congressional inaction, on December 31, 2018, the tax rate reverted back to $0.50 per ton on underground-mined coal and $0.25 per ton on surface-mined coal, representing a 55% reduction.
• In December of 2019, Congress passed, and President Donald Trump signed into law, an end-of-year spending package that included a one-year extension of the 2018 tax rates. These rates are set to expire on December 31, 2020.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner joined Sen. Chris Van Hollen and 18 other Senators in urging the Environmental Protection Agency (EPA) to clarify its position on the enforcement of the Chesapeake Bay Agreement Total Maximum Daily Load (TMDL) pollution reduction targets.

The Members write, “We were deeply disturbed by reports that, at the January 3, 2020 meeting of the Chesapeake Bay Commission, EPA Chesapeake Bay Program Director Dana Aunkst reportedly said that the Bay Total Maximum Daily Load (TMDL) was ‘aspirational’ and that the 2025 targets were ‘not enforceable.’ This is totally contrary to the intent of this decade-long effort and, if it is the position of the EPA, risks critical progress to restore the Chesapeake Bay.”

They go on to underline the legal justification of the EPA’s authority, noting, “The Courts have upheld the legality of the Bay TMDL. As the U.S. Court of Appeals for the Third Circuit has noted, the ‘Clean Water Act does not simply direct the publication of the TMDL; it is one step in a process with several layers, each placing primary responsibility for pollution controls in state hands with ‘backstop authority’ vested in the EPA.’”

The Members request the EPA to answer a number of questions clarifying its position, and close the letter, stating, “The Bay TMDL has made strong progress towards cleanup of this national treasure and economic engine in our region. We are at a critical moment, when all partners must step up their commitment to reach the 2025 goals. The EPA has a statutory obligation to be an enforcement backstop in this vital project, and we fully expect it to fulfill that role. We look forward to receiving your response by January 24, 2020.”

In addition to Senator Van Hollen, the letter was signed by Environment and Public Works Committee Ranking Member Tom Carper (D-Del.) and Senators Ben Cardin (D-Md.), Tim Kaine (D-Va.), Mark R. Warner (D-Va.), Christopher A. Coons (D-Del.), and Representatives John P. Sarbanes (D-Md.), Steny H. Hoyer (D-Md.), Robert C. “Bobby” Scott (D-Va.), Donald S. Beyer, Jr. (D-Va.), C.A. Dutch Ruppersberger (D-Md.), Gerald E. Connolly (D-Va.), Anthony G. Brown (D-Md.), Elaine G. Luria (D-Va.), Jennifer Wexton (D-Va.), David Trone (D-Md.), A. Donald McEachin (D-Va.), Jamie Raskin (D-Md.), Eleanor Holmes Norton (D-D.C.), Lisa Blunt Rochester (D-Del.).

The text of the letter is available here and below:

Dear Administrator Wheeler:

We were deeply disturbed by reports that, at the January 3, 2020 meeting of the Chesapeake Bay Commission, EPA Chesapeake Bay Program Director Dana Aunkst reportedly said that the Bay Total Maximum Daily Load (TMDL) was “aspirational” and that the 2025 targets were “not enforceable.” This is totally contrary to the intent of this decade-long effort and, if it is the position of the EPA, risks critical progress to restore the Chesapeake Bay.

On December 29, 2010, the U.S. Environmental Protection Agency established the Chesapeake Bay TMDL, a historic and comprehensive agreement that includes accountability features to restore clean water in the seven jurisdictions within the Chesapeake Bay watershed. The agreement is a national and indeed international model for watershed restoration. It sets limits for pollution that equate to a 25 percent reduction in nitrogen, 24 percent reduction in phosphorous, and 20 percent reduction in sediment.  As the Bay TMDL states, “The TMDL is designed to ensure that all pollution control measures needed to fully restore the Bay and its tidal rivers are in place by 2025[.]”

The goal of the Clean Water Act is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” To that end, states are first required to set water quality standards for all waters within their boundaries regardless of the sources of pollution.  When those water quality standards cannot be met and maintained through effluent limitations and technology-based controls on point sources, water quality-based controls are required under Section 303(d) of the Act. States are required to identify waters within its boundaries that cannot achieve water quality standards based on effluent limitations, and then “shall establish for [impaired] waters […] the total maximum daily load, for those pollutants which the Administrator identifies […] as suitable for such calculation.”  A TMDL is a specification of the maximum amount of a particular pollutant that can pass through a waterbody each day without violating water quality standards.  Such “load shall be established at a level necessary to implement the applicable water quality standards with seasonal variations and a margin of safety which takes into account any lack of knowledge[.]”  Once the 303(d) list and any TMDLs are approved by the EPA, states must incorporate the list and TMDLs into its continuing planning process.

The Courts have upheld the legality of the Bay TMDL. As the U.S. Court of Appeals for the Third Circuit has noted, the “Clean Water Act does not simply direct the publication of the TMDL; it is one step in a process with several layers, each placing primary responsibility for pollution controls in state hands with ‘backstop authority’ vested in the EPA.”

In addition to these requirements, Section 117(g) of the Act requires EPA to take certain actions regarding the implementation of the Chesapeake Bay Agreement and the Chesapeake Bay TMDL.  It states that the EPA Administrator, “in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain (A) the nutrient goals of the Chesapeake Bay Agreements for the quantity of nitrogen and phosphorous entering the Chesapeake Bay and its watershed; (B) the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem; […] (D) habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement signatories for living wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and (E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem.” (emphasis added).

The implementation of the Bay TMDL and the Bay jurisdiction’s Watershed Implementation Plans are, therefore, part of EPA’s legal obligation to achieve and maintain the nutrient goals of the Chesapeake Bay under the Clean Water Act. 

Since the inception of the Chesapeake Bay TMDL – and through its Reasonable Assurance and Accountability Framework – EPA has communicated its expectations for the Bay watershed states and the District of Columbia to develop Watershed Implementation Plans and two-year milestones and “demonstrate satisfactory progress toward achieving nutrient and sediment allocations established by EPA in the Chesapeake Bay TMDL.”  In addition, the Agency laid out potential consequences the Bay jurisdictions would face if they failed to demonstrate progress on their obligations under the Bay TMDL, noting that the “identification of possible federal actions is intended to strengthen our individual and collective resolve to make the difficult choices and decisions along the road to a restored Chesapeake Bay and watershed and fill in the gaps to aid States and the District to meet their commitments in order to ensure that the allocations in the TMDL are achieved.”

Time and again, EPA has demonstrated through its approach in establishing and implementing the Bay TMDL, including its Reasonable Assurance and Accountability Framework, its view that the Bay jurisdictions are responsible for meeting the allocations in the Bay TMDL.  Indeed, as recently as April of 2017, in laying out its expectations for Pennsylvania’s Phase III Watershed Implementation Plan, EPA noted several examples of potential actions it could take specific to Pennsylvania if it determined that the state did not meet these expectations.  Those consequences included: (1) Targeting federal enforcement and compliance assurance in the watershed; (2) Directing Chesapeake Bay funding to identified priorities; (3) Establishing finer scale wasteload and load allocations through a Pennsylvania state-specific proposed amendment to the Chesapeake Bay TMDL; (4) Requiring additional reductions of loading from point sources through a Pennsylvania state-specific proposed amendment to the Chesapeake Bay TMDL; and (5) Initiating a process to propose promulgating nitrogen and phosphorous numeric water quality standards for Pennsylvania applicable to streams and rivers in the Chesapeake Bay Watershed.

EPA’s defense of the Bay TMDL and its historic approach to the Bay jurisdiction’s development of the Watershed Implementation Plans clearly indicates that it took its responsibilities under Sections 303d and 117(g) seriously and that it viewed achieving the allocations in the Bay TMDL as necessary to meet the requirements of the Clean Water Act. In your confirmation hearing before the Senate Environment and Public Works Committee, you stated that, “I am very much committed to the Chesapeake Bay and to the Chesapeake Bay Program.” 

Because the legislative, administrative, and judicial record on the Bay TMDL clearly conveys EPA’s responsibility, we are extremely concerned by signals that EPA appears to be backing away from its statutory obligations and the Reasonable Assurance and Accountability Framework that it established to ensure the timely restoration of the Chesapeake Bay.

In addition to Mr. Aunkst’s alarming comments last week, EPA has undertaken numerous regulatory rollbacks that will negatively impact the Bay. The Administration’s proposed budgets have zeroed out or significantly reduced funding for the Chesapeake Bay Program, which Congress has had to restore. Moreover, EPA’s recent response to Pennsylvania’s Phase III Watershed Implementation Plan did not hold that state accountable despite the fact that EPA’s prior evaluation noted that Pennsylvania is on track to meet only 75 percent of its nitrogen reduction targets and the Commonwealth itself identified a $324 million annual shortfall in their plan. EPA’s evaluation fell short of providing meaningful requirements and steps for Pennsylvania to get back on track to meet their 2025 goals, and did not state whether backstop actions will be required and enforced.

These actions leave us very concerned that EPA is not fully committed to the restoration of the Bay. EPA is the key federal partner in this effort, and the Chesapeake Bay Program is the glue that keeps the partnership together. It’s important that you take immediate steps to demonstrate EPA’s commitment and accountability to the restoration of the Chesapeake Bay.

We request responses to the following questions within the next fourteen days:

1.            Do Mr. Aunkst’s comments that the TMDL is “aspirational” and “not enforceable” represent the Agency’s position?

2.            Do you agree that EPA has the authority to enforce the 2025 nutrient reductions assumed in the Bay TMDL?

3.            Does EPA plan to fulfill its responsibilities under the Clean Water Act and use all tools available to hold jurisdictions accountable to meet the allocations agreed upon in the Bay TMDL by 2025?

4.            Will EPA remain an active member of the partnership with the six states and Washington, DC by ensuring implementation of the Watershed Implementation Plans to achieve the nutrient reduction goals of the Chesapeake Bay Agreement?

5.            What is your plan and timeline for enforcement, particularly for taking the backstop actions described in Section 7.2.4 of the Bay TMDL and other documents sent by EPA to the Chesapeake Bay states?

The Bay TMDL has made strong progress towards cleanup of this national treasure and economic engine in our region. We are at a critical moment, when all partners must step up their commitment to reach the 2025 goals. The EPA has a statutory obligation to be an enforcement backstop in this vital project, and we fully expect it to fulfill that role. We look forward to receiving your response by January 24, 2020.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded $96,425 in federal funding from the Department of Transportation (DOT) to support the loading and unloading of barges and research vessels at the Mid-Atlantic Regional Spaceport (MARS) in Wallops Island. The grant was awarded through the Maritime Administration’s Marine Highway grant program.

“We are glad to see these federal dollars go towards helping equip MARS with the resources it needs to continue to carry out important operations and research,” said the Senators. “We have no doubt that with this funding, this facility will continue to help boost our nation’s competitiveness in aeronautics.”

“Virginia Commercial Space Flight Authority is pleased to learn through Senator Warner’s office that grant funding was awarded from the America’s Marine Highway Program to fund the design and engineering of a new dock/ramp located at the Mid-Atlantic Regional Spaceport (MARS) Unmanned Systems Airfield on Wallops Island. MARAD should be applauded for leaning forward, uniquely leveraging funds to enhance the M-95 highway by embracing Virginia’s Spaceport and its vision to become a truly intermodal hub with access via Land, Space, Air, and now Sea,” said Virginia Space CEO and Executive Director Dale Nash.

The funding will be used to design a new 520’ long x 30’ wide access trestle and combination dock/ramp to support the loading and unloading of barges and research vessels at MARS. In addition, funds will be used for engineering and consulting services for the integration of the MARS Port with the UAS runway on the north end of Wallops Island.

The Marine Highway Program seeks to expand the use of America's navigable waters by working closely with public and private organizations to develop and expand marine highway service options and facilitate their further integration into the current U.S. surface transportation system, especially where water-based transport is the most efficient, effective and sustainable option. It also works to highlight the benefits, increase public awareness and promote waterways as a viable (in some cases a superior) alternative to "landside" shipping and transportation options.

Sens. Warner and Kaine have been longtime advocates of Virginia’s space launch facilities. In 2014, the Senators secured $20 million in funding for Wallops Flight Facility to support repairs following a launch failure in October 2014 that caused significant damage to a MARS launch pad. Additionally, last April, Sen. Warner was joined by Virginia Secretary of Transportation Shannon Valentine and NASA Administrator Jim Bridenstine in touring MARS Pad 0A and a newly-constructed MARS payload processing facility on Wallops Flight Facility. Senator Kaine also toured the facility last May, where he met with Wallops staff to discuss infrastructure improvements in preparation for upcoming missions, construction on the Rocket Lab’s launch pad, and new capabilities at the airfield. Sen. Warner, co-chair of the Senate Aerospace Caucus, has also introduced bipartisan legislation to support innovation, research and development in the aeronautics industry occurring at Wallops. 

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WASHINGTON, D.C. – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded Senate passage of the Virginia Wilderness Additions Act, a bill they introduced to add a total of 5,600 acres to two existing wilderness areas within the George Washington National Forest in Bath County: the Rough Mountain Wilderness area and the Rich Hole Wilderness area. A wilderness designation is the highest level of protection for public land under federal law. These additions were recommended by the U.S. Forest Service in 2014 and endorsed by members of the GW National Forest Stakeholder Collaborative, a group of forest users that has worked together for seven years to agree on acceptable locations in the GW for wilderness, timber harvest, trails, and other uses.  

“We’re proud that the Senate passed our bill to protect wilderness in Bath County. The George Washington National Forest is a critical part of Virginia’s environment and economy. This legislation would help ensure Virginians can enjoy more of its wildlife, scenery, and trails for generations to come. We’re so thankful to the folks from the U.S. Forest Service, conservationists, and leaders in Bath County for their collaborative efforts to make this happen. We’ll keep working together to get this bill signed into law,” said the Senators. 

“Senate passage of the Virginia Wilderness Additions Act affirms our belief that working in a collaborative manner with diverse interests groups including the timber industry, wildlife managers, and recreation interests creates an atmosphere where dialogue promotes trust and compromise. It is this spirit of cooperation that the Stakeholder Collaborative agreed to a plan that balances the need for managed young forest, recreation, and uninterrupted wilderness,” said Mark Miller, Executive Director, Virginia Wilderness Committee.

“I have supported an increase in active management of the GW National Forest while working with a diverse group of people that share a common interest in our public lands.  Where previously we may have advocated for different uses of the forest, we now look for ways to accomplish all of our goals.  I support the proposed Wilderness additions in this bill by understanding that the GW is large enough to provide a variety of forest conditions, through differing management techniques, as identified in the Forest Plan.  It is possible to simultaneously increase timber harvests, improve wildlife habitat, and create forest age diversity while setting aside remote areas that are valuable for recreation and certain species of wildlife.  This proposal reinforces several year’s-worth of work and demonstrates the ability to accomplish this balance,” said John Hancock, member and a previous President of the Virginia Forestry Association.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) released the following statement after President Trump signed into law a bill sponsored by Sen. Warner to crack down on illegal robocall scams:

“The truth is, folks in Virginia and across the nation are sick and tired of receiving unsolicited robocalls at all hours of the day,” said Sen. Warner. “These calls are intrusive and often set up by scammers looking to pray on vulnerable individuals. I’m proud to have sponsored this legislation and am very excited to see it signed into law so that it can start giving individuals some peace of mind. Personally, I know I won’t miss these annoying robocalls, and I have a feeling other Virginians won’t either.”

The Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act gives regulators more time to find scammers, increases civil forfeiture penalties for those who are caught, requires service providers to adopt call authentication and blocking, and brings relevant federal agencies and state attorneys general together to address impediments to criminal prosecution of robocallers who intentionally break laws. Sen. Warner sponsored the Senate version of the bill, which passed the Senate in 97-1 vote in May 2019. After the House passed an amended version of the bill earlier this month, the Senate unanimously voted to send the bill to the President’s desk for signature on December 18.

The TRACED Act:

• Broadens the authority of the Federal Communications Commission (FCC) to levy civil penalties of up to $10,000 per call on people who intentionally flout telemarketing restrictions.
• Extends the window for the FCC to catch and take civil enforcement action against intentional violations to four years after a robocall is placed. Under current law, the FCC has only one year to do so, and the FCC has told the committee that “even a one-year longer statute of limitations for enforcement” would improve enforcement against violators.
• Brings together the Department of Justice, FCC, Federal Trade Commission, Department of Commerce, Department of State, Department of Homeland Security, the Consumer Financial Protection Bureau, and other relevant federal agencies, as well as state attorneys general and other non-federal entities to identify and report to Congress on improving deterrence and criminal prosecution at the federal and state level of robocall scams.
• Requires voice service providers to adopt call authentication technologies, enabling a telephone carrier to verify that incoming calls are legitimate before they reach consumers’ phones.
• Directs the FCC to initiate a rulemaking to help protect subscribers from receiving unwanted calls or texts from callers.
• Directs the FCC to initiate a rulemaking process to protect consumers from “one-ring” scams.
• Requires the FCC to establish a working group to issue best practices to prevent hospitals from receiving illegal robocalls.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance Committee, today announced that he will support the new United States-Mexico-Canada Agreement (USMCA), which is intended to replace the North American Free Trade Agreement (NAFTA).

“I believe that trade is good for Virginia’s economy. I believed that as Governor of Virginia, and I believe it now. Whether in agricultural products, digital goods, or heavy-duty manufacturing, Virginia has benefited from the exports of the Commonwealth’s globally competitive businesses. And the bustling Port of Virginia ensures that Virginia benefits from much of the imports flowing through our region,” said Sen. Warner. “Trade relationships are also a form of diplomacy, allowing us to increase U.S. influence abroad and deepen our relationships with foreign partners in ways that benefit not just American prosperity but U.S. security and leadership.”

“I’m optimistic that this trade agreement will help American farmers, ports, manufacturers, retailers, and workers. This deal will address issues like digital trade that NAFTA couldn’t fully anticipate, and help decrease market barriers to agricultural products that have been huge points of concern for Virginia farmers. I’m also enormously grateful for the work of House and Senate Democrats in improving key provisions of this bill, most notably related to environmental and fair labor practices. This agreement includes strong labor protections, including monitoring and enforcement, to ensure that companies in our partner nations are held accountable to the same labor standards as American firms. These improvements are critical to ensuring that American workers are permitted to compete with foreign workers on a level playing field,” Sen. Warner said.

“Overall, I’m hopeful that the agreement will provide the consistency and stability the business community needs,” Sen. Warner continued. “At the same time, I worry that the costs of this deal will come in the form of reduced U.S. credibility and trust from our allies and closest trading partners. Throughout the negotiation process, the President’s repeated threats to withdraw from NAFTA, to heedlessly close the border with Mexico, and to levy tariffs on Canada and Mexico have exemplified the troubling and erratic approach to trade issues that we’ve seen from this Administration.”

“I want to note that I have concerns with the inclusion of safe harbor language modeled on Section 230 of the Communications Decency Act. Congress is beginning an important, bipartisan debate about whether Section 230 is working as intended, and many – including prominent civil rights groups – believe that Section 230 has allowed internet intermediaries to ignore misuse of their platforms by bad actors. I would urge USTR to refrain from including this provision in future free trade agreements until that debate has reached its apex,” concluded Sen. Warner.

Virginians applauded Warner’s announcement today.

“Virginia Poultry Federation is grateful for Senator Warner’s support of this agreement, which preserves access to our largest international market for U.S. poultry exports, Mexico, and creates opportunities for expanding poultry trade with Canada.  This is a big deal for Virginia’s largest agricultural sector, and we appreciate Senator Warner’s leadership,” said Hobey Bauhan, President, Virginia Poultry Federation.

“Virginia Cattlemen’s Association appreciates Senator Warner being a supporter of USMCA. The USMCA is a great trade deal for Virginia cattle producers, as the number of cattle being sold into Canada is growing each year,” stated Tracy Fitzsimmons, Executive Director, Virginia Cattlemen’s Association.

“America's dairy farmers produce nutritious and quality dairy products that are enjoyed both domestically and around the world. USMCA provides a valuable update to prior agreements and ensures that dairy products can access the two markets closest to us, Mexico and Canada. USMCA will improve and strengthen America's relationship with Mexico, our top dairy customer,” said Eric Paulson, Executive Director, Virginia State Dairymen’s Association. “It will also open up new opportunities for U.S. dairy products to be sold in Canada. Increasing dairy exports to our two closest trading partners will benefit producers both in Virginia and nationwide,”

“This is very welcome news for Virginia hog farmers, all U.S. pork producers and American agriculture,” said Jessica Cunningham, President, Virginia Pork Council. “USMCA provides much-needed certainty to export-dependent hog farmers, ensuring duty-free access to markets representing approximately 40 percent of total U.S. pork exports. We thank Senator Warner for his support of the USMCA and applaud this milestone toward the agreement’s ratification.”

“Farm Credit of the Virginias supports the USMCA as it provides a true economic benefit to America’s farmers and ranchers. Of particular importance for our farmers in Virginia, USMCA will provide new market access for dairy and poultry products in Canada and maintains the zero-tariff platform on all other ag products and on all ag products to Mexico,” Peery Heldreth, CEO, Farm Credit of the Virginias, said.

“Virginia Farm Bureau supports adoption of the USMCA trade agreement. The USMCA builds on the success of NAFTA while modernizing and updating that agreement with important provisions that support U.S. agriculture, and drive American innovation and competitiveness. The USMCA will provide new market access for dairy and poultry products in Canada and maintains the zero-tariff platform on all other ag products to Mexico,” said Ben Rowe, National Affairs Coordinator, Virginia Farm Bureau.

“This is good news for trade, specifically for grain farmers, pork and poultry producers and lumber exporters,” said John F. Reinhart, CEO and Executive Director of the Virginia Port Authority. “We expect to see our export volumes begin to rebound, so this is a positive development for The Port of Virginia’s customers, cargo owners, port users and ultimately, the American economy. Trade thrives in a predictable, stable and open environment.”

“International trade is a pillar of Virginia’s economy and for nearly a century the Virginia Maritime Association has promoted, protected, and encouraged trade through Virginia’s ports. Therefore, we are pleased the U.S., Mexico, and Canada have reached an agreement with terms that reflect the business and economic changes since NAFTA was negotiated and which we hope will benefit Virginia companies for many years to come,” David White, Executive Vice President, Virginia Maritime Association, stated.

“STIHL Inc. believes the USMCA extends the fundamental tenants of free trade and offers mutual benefits for North American workers, farmers, manufacturers and businesses,” said Bjoern Fischer, President of STIHL Inc. in Virginia Beach.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) praised Senate passage of two bipartisan, bicameral spending bills to fund federal programs that are critical to Virginia and keep the federal government open through 2020. Following today’s Senate passage, the bills now head to the President’s desk for signature.

“Today I voted to avert another painful government shutdown like the one that hurt thousands of Virginia families earlier this year, during President Trump’s 35-day government shutdown,” said Sen. Warner. “Every year I advocate for much-needed resources to strengthen communities across Virginia and this year is no exception. In this bill, we finally secured health care and pension benefits that our miners have rightfully earned, and successfully pushed for a well-deserved pay raise for our federal workforce and men and women in uniform. This bill also forces the Department of Justice to finally adhere to a firm deadline on the full implementation of the Ashanti Alert system, just to name a few wins for Virginia. With so much critical funding at stake for the Commonwealth, I urge the President to swiftly sign these bills into law.”

“I’m proud many of our efforts to improve the lives of Virginians were included in our final spending package,” said Sen. Kaine. “This bipartisan legislation includes my bill to raise the tobacco age to 21 and a bill I cosponsored to protect the health and pension benefits of retired miners. It also includes significant funding I supported to boost resiliency at military installations at risk from threats like climate change, strengthen rural infrastructure, and support career and technical education. I’m thrilled our colleagues worked together to fund these crucial priorities.”

The following list includes many of the provisions Sens. Warner and Kaine advocated for:

400 Years of African-American History Commission: Includes $3.3 million in federal funding for the Commission to honor four centuries of African-American history. The Senators sponsored legislation, which was signed into law in 2018, to establish the Commission and participated in events this year to commemorate 400 years since the first enslaved Africans arrived in English Colonial America at Point Comfort, Virginia. 

Ashanti Alert: Includes a provision supported by both Senators that would require the Department of Justice to provide Congress with a progress report of the Ashanti Alert implementation within 30 days. Additionally, the legislation requires that the DOJ establish a firm deadline for full implementation of the Ashanti Alert Act no later than 90 days after the bill is signed into law.

Tobacco 21: Includes the Tobacco-Free Youth Act introduced by Sen. Kaine and supported by Sen. Warner that would raise the nationwide minimum age to buy all tobacco products, including e-cigarettes, from 18 to 21. Additionally, the bill provides incentives to states to continue inspections and reporting to ensure retailers do not sell tobacco products to those under 21.

Miners’ Benefits: The Senators successfully pushed to include a fix for miners’ health care and pensions, which is headed for insolvency due to coal company bankruptcies. This bill will secure the pensions of 92,000 coal miners and protect healthcare benefits for 13,000 miners across the country – that includes hundreds of retirees in Southwest Virginia who were affected by the recent Westmoreland Coal bankruptcy. The bill also extends funding for the Black Lung Disability Trust Fund until the end of 2020 by extending the tax on mining companies that helps fund the program.

Army Corps of Engineers: Provides $7.65 billion for the Army Corps of Engineers, $651.5 million above FY 2019, including $2.5 million for the Norfolk Harbor Widening and Deepening project.

NASA: Provides $22.63 billion in federal funds, an increase of $1.13 billion above the FY 2019 enacted level. The bill also includes $783.9 million for NASA’s aeronautic research to advance aviation technology by cutting air traffic congestion and pollution, improving safety, and introducing new technologies for the future of flight. Aeronautics research at NASA is increasingly focusing on Unmanned Aerial Systems (UAS) Traffic Management, which will improve the integration of drones into our national airspace. Earlier this year, Sen. Warner introduced legislation to boost aeronautics industry innovation, research and development.

Economic Development Administration: Includes $333 million for the Economic Development Administration (EDA), $30 million above FY 2019. Last year, Virginia received 12 EDA grants totaling $3.97 million. A majority of these funds went to the Commonwealth Center for Advanced Manufacturing (CCAM) to support the construction for an expansion to house the CCAM Apprentice Academy, including classrooms, administrative support, a break room, and a high bay training area.

Richmond International Airport Reimbursement: The Senators successfully pushed for the inclusion of $40 million in federal funds to help reimburse airports that purchased security screening equipment following the 9/11 terrorist attacks. Richmond International Airport spent almost $4 million in 2005 to protect passenger safety and was promised federal reimbursement, which it has yet to fully receive. The airport is expected to receive $734,314 from this tranche of funds, bringing total reimbursement to date to $2,386,522, more than halfway to the $4 million the airport was owed.

Census: Provides $7.56 billion in new discretionary funding, $1.4 billion above the President’s budget request, to enable the Bureau to effectively prepare for and conduct a thorough and accurate 2020 Decennial Census. The Senators introduced legislation to oppose efforts by the Administration to include politically motivated questions to the census that would curb participation.

FBI Headquarters: Provides no federal funds for the Trump Administration to follow through on their hasty and controversial proposal to rebuild the current FBI headquarters building without a proper and full analysis. Sens. Warner and Kaine have for years worked to secure funding for a new FBI headquarters to replace the current, deteriorating J. Edgar Hoover building in Washington, which was built in 1974. In 2017, the Trump Administration abruptly backed away from plans to possibly move the FBI headquarters to Virginia, announcing instead in February 2018 plans to demolish the existing FBI headquarters in Washington and build a new facility in its place.

OPM-GSA Merger: The bill does not provide funding for the Administration’s proposal to merge the Office of Personnel Management (OPM) with the General Services Administration (GSA). Earlier this week, Congress blocked the Trump Administration from executing their proposed merger without first providing Congress and the public transparency on the rationale behind the move, backed by sound, independent analysis of the potential costs and benefits. This mirrors an effort pushed by Sens. Warner and Kaine to prevent the federal workforce from being subjected to continued political attacks and increased political interference by the Trump Administration.

Election Security: Includes $425 million for a new round of election security grants ahead of the 2020 elections. The manager’s package included critical language specifying that the grants be used for the purchase of election equipment that uses paper ballots, the conduct of post-election audits, cybersecurity training of election officials, and other cyber-security related improvements.

VA leases: Includes a provision to urge the General Services Administration to expedite the lease procurement projects for new VA medical clinics – which includes an outpatient clinic in Hampton Roads run by GSA and an outpatient clinic in Fredericksburg run by the VA that Sen. Warner has continuously pushed to get open and operational to ease the wait times for Virginia veterans.

Defense Community Infrastructure Program: The bill provides $50 million for the Defense Community Infrastructure Program, which allows DoD to work with state and local governments to address critical infrastructure improvements affecting resiliency of our military installations.

MilCon: Includes nearly $500 million in funding for 11 military construction projects across the Commonwealth.

• Fort Belvoir: Provides $60 million for a Secure Operations and Administration Facility. 
• Joint Base Langley-Eustis: Provides $55 million for an Advanced Individual Training Barracks Complex.
• Naval Station Norfolk: Provides $79.1 million for a Mariner Skills Training Center.
• Portsmouth Shipyard: Provides $48.9 million for Dry Dock Flood Protection improvements.
• Quantico: Provides $70 million for a Wargaming Center.
• Dam Neck Annex: Provides $12.7 million for a SOF Demolition Training Compound Expansion.
• Defense Distribution Depot Richmond: Provides $98.8 million for an Operations Center.
• Joint Expeditionary Base Little Creek-Fort Story: Provides $32.6 million for the construction of a SOF Operations Support Facility and $13 million for a SOF Training Facility. 
• Pentagon: Provides $8.6 million for a backup generator and $20.1 million for a control tower and fire station.

Veterans: Provides $91.9 billion in funding for the VA, an increase of $5.4 billion above FY19. The bill would increase funding to several Veteran Health Administration priority areas, including $1.5 billion for electronic health record modernization, $9.4 billion to increase mental health services for veterans, and $221.7 million for suicide prevention programs. It includes $1.9 billion for homelessness programs such as $380 million for the Supportive Services for Veterans and Families program and $408.3 million for the Housing and Urban Development-VA Supportive Housing (HUD-VASH) Program, which provides assistance to homeless veterans.

Agent Orange: The bill also provides $153.6 million to fund the VA’s implementation of the Blue Water Navy Vietnam Veterans Act, legislation sponsored by the Senators and signed into law to get veterans benefits for illnesses related to toxic herbicide Agent Orange, including those who were stationed on ships off the Vietnamese coast, also known as Blue Water Navy veterans. The bill also includes language to force the Administration to explain the delay in expanding the presumptive list, a cost estimate for adding new diseases, and the date the VA plans to implement the decision. This week, Sen. Warner spoke on the Senate floor urging the Trump Administration to reverse its decision to block an expansion of approved Agent Orange–related conditions that qualify a veteran for benefits.

Gold Star Families: This legislation corrects one of the many unintended consequences of the Tax Cuts and Jobs Act of 2017 – legislation forced through by the GOP that, among other things, treats military and VA survivor benefits as trusts or estates, subjecting the benefits of many military families to a much higher tax rate. The Senators introduced legislation earlier this year to make sure surviving families aren’t unfairly penalized, and pay back those families that had to incur this unjust tax hike.

Shipbuilding: The bill provides over $13 billion in VA Shipbuilding priorities such as: Ford-class aircraft carrier construction ($2.27 billion), aircraft carrier overhaul ($650 million), and Virginia-class ($8.32 billion) and Columbia-class ($1.82 billion) submarine construction. The bill also provides over $13 billion for ship repairs.

Federal Employee & Military Pay Raise: Provides a 3.1 percent pay raise for federal civilian employees and our military. Sens. Warner and Kaine successfully pushed to override President Trump’s request for a punitive, across-the-board pay freeze for the federal workforce.

Animal Protection: The bill provides $1 million to ensure stronger enforcement of the Horse Protection Act to stop the cruel practice of horse soring, a $295,000 increase above FY 19. Sen. Warner introduced and Sen. Kaine cosponsored the bipartisan PAST Act to end horse soring, and both Warner and Kaine introduced legislation to protect domestic violence victims and their pets.

Chesapeake Bay Program: Includes $85 million for the Chesapeake Bay Program, an increase of $12 million over fiscal year 2019. The Chesapeake Bay Program coordinates Chesapeake Bay watershed restoration and protection efforts, and the majority of its funds are passed through to the states and local communities for on-the-ground restoration. The Senators wrote to congressional appropriators urging them to include significant increased funding for the Chesapeake Bay Program in the final spending bill. The bill also includes $3 million for the Chesapeake Bay Gateways and Watertrails Network, an increase of $1 million over FY 2019. The Senators introduced legislation to reauthorize the highly successful Chesapeake Bay Gateways and Watertrails program run by the National Park Service.

Land and Water Conservation Fund (LWCF): Provides $495 million for LWCF, an increase of $60 million over FY 2019. According to the Outdoor Industry Association, the Virginia outdoors industry supports approximately $21.9 billion in annual consumer spending and 197,000 direct jobs. The bill also includes $2.42 million for land acquisition around Petersburg National Battlefield, which is a direct result of the Senators legislation to complete the expansion that was signed into law by President Obama. Additionally, the bill includes $1.36 million for land conservation efforts around the George Washington Memorial Parkway.

Virginia Tribes: Includes $1.281 million for the New Tribes program, an increase of $161,000 over FY 2019. Last year, the Senators successfully secured federal recognition for Virginia’s six tribes.

National Park Service: Provides $3.37 billion for the Park Service, an increase of $154 million from FY 2019. This includes $1.15 billion for bridge repair and replacement, $70 million for nationally significant federal transportation assets, and $100 million for the Appalachian Development Highway System. In 2018, more than 25.8 million individuals visited Virginia’s 22 National Parks. Senator Warner has sponsored legislation, cosponsored by Kaine, to address the $12 billion maintenance backlog at the National Park Service, half of which is transportation needs.

Healthy Food Financing Initiative: Includes $5 million for USDA’s Healthy Food Financing Initiative (HFFI), an increase of $4 million over FY 2019. The program closely follows Sen. Warner’s efforts in the Senate to eradicate food deserts and increase access to healthy, nutritious foods.

Mine Safety and Health Administration (MHSA): Provides $17.18 million for MSHA, which will work to prevent death, illness, and injury from mining and promote safe and healthy workplaces for miners in Virginia. There are approximately 3,000 coal miners employed in Virginia.

Appalachian Regional Commission: Includes $175 million for the Appalachian Regional Commission (ARC), an increase of $10 million over FY 2019. Last fiscal year, ARC supported 32 projects in Virginia totaling $8.2 million in federal investment. This investment has been matched by nearly $20.5 million in state, local, and private investments. This funding helped create and retain 950 jobs in the region last year.

Hemp: The bill provides $16.5 million in new funding to implement the Hemp Production Program, which was authorized in the 2018 Farm Bill. The Farm Bill included a provision sponsored by both Senators that removed hemp from the list of controlled substances, allowing Virginia farmers to grow and sell the plant as a commodity for use in agriculture, textile, recycling, automotive, furniture, food, nutrition, beverage, paper, personal care, and construction products. The bill also includes $2 million for the FDA to research and develop policies on CBD. Senators Warner and Kaine have been strong supporters of hemp as an agricultural commodity and they successfully secured Virginia’s inclusion in a pilot to develop a crop insurance program for industrial hemp.  

Job Corps: After the Administration’s failed attempt to close the Flatwoods Jobs Corps Program in Coeburn, Va., the bill secures $1.7 billion in federal funding, an increase of $25 million, to support the Jobs Corps program, the nation’s largest career technical training and educational program for at-risk youth that also supports locations in Marion and Monroe. Sens. Warner and Kaine sent a letter to the Secretaries of Labor and Agriculture calling on the Trump Administration to reverse plans to close the Flatwoods facility and introduced legislation to prevent the Administration from using any federal funding to close Jobs Corps facilities across the country.

Secure Rural Schools Program: Extends for two years the Secure Rural Schools program that provides funding for public schools and Virginia communities located near or within the George Washington and Jefferson National Forests. In the last fiscal year, 51 Virginia counties received a combined $1.34 million in SRS payments

Preschool Development Grants. Provides a $25 million increase for Preschool Development Grants for a total of $275 million. These grants will improve coordination of existing early childhood care and education programs. Virginia received a $9.9 million Preschool Development Grant in January 2019 and received $17.5 million for four consecutive years (FY 14-FY 17).

TRIO Program: TRIO programs help low-income and first generation students get into and complete college. The bill provides $1.1 billion for TRIO programs, a $30 million increase from FY19. During the 2018-19 school year, Virginia’s TRIO programs served more than 14,500 students with more than $17 million in federal resources.

HBCU & MSIs: Provides $93 million in critical funding to strengthen Historically Black Colleges and Universities (HBCU) and Minority Serving Institutions (MSIs). This bill would provide money for the five HBCUs in Virginia to make campus improvements and strengthen financial management, academic resources and endowment-building capacity. Earlier this month, Sens. Warner and Kaine successfully pushed to get the FUTURE Act signed into law to restore  $255 million in federal funding for these critical institutions.

Distance Learning and Telemedicine Grants: Includes $50 million for Distance Learning and Telemedicine Grants. In November 2019, Virginia received $1.1 million through this program. The funding was awarded to the Appalachian Agency for Senior Citizens, the University of Virginia (UVA), George Mason University, and the Community Memorial Hospital. The Community Memorial Hospital, for example, will use the funds to provide medical services via interactive video conferencing equipment to four sites in Mecklenburg County and will benefit approximately 11,000 residents. 

Rural Broadband Grants: Includes $550 million for the ReConnect Pilot Program rural broadband grants, a program established by USDA last year to expand broadband infrastructure and service in rural communities. In the first round of ReConnect Pilot Program investments in 2019, USDA invested nearly 3.8 million in high-speed broadband infrastructure that will create or improve rural e-Connectivity for more than 1,250 rural households, two volunteer fire departments, and four educational facilities in Mecklenburg County.     

The Patient-Centered Outcomes Research Institute (PCORI) Reauthorization: Includes a Warner-led provision that would reauthorize for another ten years the research institute established by the Affordable Care Act that provides independent evidence on the effectiveness, benefits and harms of different treatment options for a condition.

Public Health Data Modernization: The bill includes funding Sen. Kaine has fought for to shore up our public health data infrastructure to expedite identification and response to public health threats. The legislation provides $50 million to modernize public health data systems at CDC.

Funds Childhood Disease Research: Provides $12.6 million for the Gabriella Miller Kids First Pediatric Research Program to conduct pediatric cancer and disease research. The Senators worked to enact the legislation authorizing this program, named for 10-year-old Gabriella Miller of Loudoun County, who passed away from cancer in October of 2013.

Gun Violence Research: Includes $25 million for the Centers for Disease Control (CDC) and the National Institute for Health (NIH) to support firearm injury and mortality prevention research for the first time in 20 years, with the potential to identify interventions to help save lives. The Senators introduced legislation earlier this year to fund firearms safety and gun violence prevention research at the CDC.

BUILD Infrastructure Grants. Provides $1 billion for competitive transportation grants through the Better Utilizing Investments to Leverage Development (BUILD) program, formerly known as “TIGER” grants. Virginia has previously used these grants for projects including I-95 Express Lanes, I-564 connector from Norfolk International Terminals at the Port of Virginia, I-64 Delta Frames Bridges in Rockbridge County, the Pulse bus-rapid transit system in Richmond, and Northstar Boulevard in Loudoun County near Dulles.

WMATA: Includes the full federal funding of $150 million for the Washington Metropolitan Area Transit Authority (WMATA) to fund critical capital investment and safety projects. In May, the Senators introduced legislation to renew the federal funding commitment to Metro, provide critical safety reforms, and strengthen oversight of WMATA. 

UAS Research: Provides $24 million for unmanned aircraft systems (UAS) research. Drone research will benefit applications like disaster response, search and rescue efforts, infrastructure inspection, package delivery, and countless others. The Virginia Tech Mid-Atlantic Aviation Partnership (MAAP) is an FAA-designated test site for unmanned aircraft systems. One key project at MAAP has been drone-delivery technology, and Virginia Tech has been the site of some of the most significant testing in the country. The program has received money in the past and will benefit from this continued funding.

Remote Tower System:  Includes the Senators’ amendment to provide $7 million for the Federal Aviation Administration to continue its remote tower system pilot program at smaller airports. This includes the Remote Air Traffic Control Tower at Leesburg Executive Airport, the first of its kind in the United Sates, which has been run as a partnership between Leesburg Airport and Saab Technologies. As part of the program, air traffic controllers are able to work remotely, which could help ease capacity and staffing constraints. There are also similar remote tower projects being planned across the country. 

Public Service Loan Forgiveness (PSLF): The bill includes Sen. Kaine’s request to direct the Department of Education to remove bureaucratic hurdles the Department created for student loan borrowers in accessing the Temporary Expanded Public Service Loan Forgiveness (TEPSLF) and also directs the Department to improve outreach to borrowers who have been denied TEPSLF and PSLF. The Senators have urged the U.S. Department of Education to take steps to improve PSLF and recently called on the Consumer Financial Protection Bureau to provide greater oversight of the program.

Contingent “Gig” Workers: Directs the Bureau of Labor and Statistics (BLS) to provide an annual supplement to the Current Population Survey to allow for collection of data on contingent and alternative work arrangements every two years and data on other topics related to the labor force in alternate years. Sen. Warner has continued to push the federal agency to conduct further research on the contingent workforce and introduced bipartisan legislation to test and evaluate innovative portable-benefits models for independent workers.

New Markets Tax Credit (NMTC): Extends New Markets Tax Credit through 2020 to help increase the flow of private dollars to distressed and underserved areas. Sen. Warner introduced legislation earlier this year to direct more NMTC investment in rural areas across the Commonwealth.

Brand USA: The bill reauthorizes the Brand USA Program through 2027, which is a highly effective public-private promotion program which drives important foreign tourism to the Commonwealth. In 2018, we had over 1.1 million international tourists visit the Commonwealth, who spent $2 billion in our economy. The Senators cosponsored the Brand USA Extension Act earlier this year and Sen. Warner spoke at the VA-1 Tourism Summit about the issues facing Virginia’s booming tourism industry, including the need for Brand USA reauthorization.  

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) wrote to U.S. Secretary of Agriculture Sonny Perdue to encourage the U.S. Department of Agriculture (USDA) to make changes to its proposed hemp regulations to better help Virginia farmers seeking to grow industrial hemp. Responding to concerns raised by farmers in Virginia, the Senators encouraged the Department to make several specific changes to draft plans regulating the U.S. Domestic Hemp Production Program, which was established by Congress as part of the 2018 Farm Bill.

“We appreciate USDA’s commitment to developing a viable U.S. Domestic Hemp Production Program for hemp producers in Virginia and across the country. We look forward to working with you to ensure Virginia hemp growers are able to take full advantage of this opportunity,” the Senators wrote in a letter to Secretary Perdue.

Among the issues the Senators raised in their letter:

• USDA’s interim final rule requires growers to test hemp plants within 15 days of anticipated harvest. The Senators urged USDA to adopt a more reasonable testing timeframe of 30 days to reduce burdens to hemp producers and reduce unnecessary delays in getting products to market.
• USDA’s interim final rules requires that hemp plant testing must be conducted by a Drug Enforcement Administration (DEA)-registered laboratory, but Virginia has only a small number of DEA-registered labs. The Senators urged USDA to remove the requirement that testing can only occur at DEA-registered labs and allow testing to be conducted at independent testing labs that meet USDA standards.
• USDA’s interim final rule establishes a negligence threshold for hemp at 0.5% delta-9 tetrahydrocannabinol (THC). If a grower is found to have hemp with a THC level above 0.5% they could face legal repercussions under the current guidelines. The Senators urged USDA to raise the threshold to 1.0% THC before a grower is subject to penalties, since it is possible hemp growers could take all the necessary steps and precautions to produce hemp according to the guidelines and still produce hemp plants that exceed the 0.5% THC concentration due to factors out of their control. The Senators also urged USDA to examine mediation options to deal with growers who accidentally exceed the THC threshold.
• The Senators also asked USDA to offer “maximum flexibility” to states like Virginia when it comes to implementing industrial hemp production, noting that Virginia is in the process of developing a State Action Plan to adhere to the 2018 Farm Bill and USDA rulemaking, but that the General Assembly in Virginia, like many states, is only in session for a short period, and it is possible that USDA will issue a final rule after the General Assembly has already completed its 2020 session.

Sens. Warner and Kaine championed the legislation to legalize the production of industrial hemp, a crop which is already cultivated for research purposes in Virginia. Hemp is distinct from marijuana in that it has a miniscule concentration of tetrahydrocannabinol (THC), and thus no narcotic capability. The plant is estimated to be used in more than 25,000 products spanning agriculture, textiles, recycling, automotive, furniture, food, nutrition, beverages, paper, construction materials, and personal care. In September, Warner and Kaine successfully secured Virginia’s inclusion in a pilot to develop a crop insurance program for industrial hemp.  

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

The Honorable Sonny Perdue

Secretary

United States Department of Agriculture

1400 Independence Avenue, SW

Washington, DC 20250

Dear Secretary Perdue:

We write today to provide comments in response to the issuance of the United States Department of Agriculture’s (USDA) interim final rule for the U.S. Domestic Hemp Production Program. While we applaud USDA for its work in developing this rule in a timely manner, we are concerned about some of the effects this interim final rule would have on hemp production in the Commonwealth of Virginia.

Virginia has taken full advantage of recent changes in federal law to become a national leader in industrial hemp research and production. As of November 2019, the Virginia Department of Agriculture and Consumer Services (VDACS) has registered 1,183 industrial hemp growers, 262 processors, and 117 dealers. Nearly 2,200 acres of industrial hemp were planted in the Commonwealth in 2019. In addition, VDACS projects that Virginia growers could plant up to 15,000 acres of hemp during the 2020 growing season. Industrial hemp presents an incredible opportunity for Virginia farmers, and it is important that guidelines and regulations for the hemp industry do not unduly burden our growers.

Following, in no particular order, are our concerns regarding the interim final rule. We appreciate your consideration of these concerns and look forward to working with you as USDA finalizes its U.S. Domestic Hemp Production Program.

• USDA’s interim final rule requires growers to test hemp plants within 15 days of anticipated harvest. We are concerned that a 15-day testing window will not provide adequate time for growers to test each crop, submit the testing sample, and receive a response. A 15-day window would be incredibly burdensome for Virginia hemp producers and would lead to unnecessary delays in getting products to market. We believe a 30-day window would provide a more reasonable testing timeframe that would be less burdensome on producers and testing facilities.
• USDA’s interim final rule requires that hemp plant testing must be conducted by a Drug Enforcement Administration (DEA)-registered laboratory. Currently, Virginia only has very limited number of DEA-registered labs. With the projected increase in hemp production in Virginia and the proposed 15-day turnaround time for testing, it will be incredibly difficult for a small number of DEA-registered labs to meet these requirements during harvesting season. A backlog at testing facilities could negatively impact Virginia growers, processors, and dealers. We recommend that USDA remove the requirement that testing can only occur at DEA-registered labs and allow testing to be conducted at independent testing labs that meet USDA standards.
• The interim final rule establishes a negligence threshold for hemp at 0.5% delta-9 tetrahydrocannabinol (THC). If a grower is found to have hemp with a THC level above 0.5% they could face legal repercussions under the current guidelines. We are concerned that the 0.5% THC threshold is arbitrary and far too low considering THC levels can vary widely depending on a number of factors including weather and geography. Hemp growers could take all the necessary steps and precautions to produce hemp according to the guidelines and still produce hemp plants that exceed the 0.5% THC concentration due to factors out of their control. We believe this threshold should be raised to at least 1.0% THC before a grower is subject to negligent violation to protect individuals who follow regulations and best practices. We also encourage USDA to examine mediation options to deal with growers who accidentally exceed the THC threshold.
• Finally, as USDA begins to implement a final rule we ask that the agency consider how implementation impacts individual states. Many states, including Virginia, are in the process of developing State Action Plans that adhere to the 2018 Farm Bill and USDA rulemaking. However, the Virginia General Assembly, along with many state legislatures, are only in session for a short period. Once USDA implements its final rule, the Virginia General Assembly will need to pass legislation aligning its hemp program with USDA’s regulations. It is possible that USDA will issue the final rule after the Virginia General Assembly has completed its 2020 session. We ask that USDA consider these timelines and provide maximum flexibility to states as they prepare to implement their State Action Plans.

Again, thank you for your careful consideration of these concerns. We appreciate USDA’s commitment to developing a viable U.S. Domestic Hemp Production Program for hemp producers in Virginia and across the country. We look forward to working with you to ensure Virginia hemp growers are able to take full advantage of this opportunity.

Sincerely,

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