WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today applauded $32,236,074 in federal funding for public transportation in Richmond. The funding, for the Greater Richmond Transit Company, was authorized by the Federal Transit Authority (FTA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act supported by Sens. Warner and Kaine.

“Amid this public health crisis, we’re glad to know that these federal dollars will be used to keep public transportation in Richmond safe and operational for the individuals who rely on these systems every day, including essential workers and those who depend on these systems to get to the grocery store or pharmacy,” said the Senators.

Through the CARES Act, Congress provided $25 billion for transit agencies to help prevent, prepare, and respond to the COVID-19 pandemic. The Greater Richmond Transit Company received its funding under the FTA’s Urbanized Area Formula Program, which makes federal resources available to urbanized areas and to governors for transit capital and operating assistance in urbanized areas and for transportation-related planning.

The funds will provide assistance to maintain existing services in order to respond to and recover from the COVID-19 public health emergency. This includes expenses needed to operate, maintain, and manage the public transportation system, including driver salaries, fuel, and items having a useful life of less than one year, including personal protective equipment and cleaning supplies. 

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senator Maggie Hassan and 14 of their colleagues in calling on the Centers for Disease Control and Prevention (CDC) to address the declining rate of routine child immunizations for measles and other dangerous viruses amid the COVID-19 pandemic.

“The administration of routine pediatric immunizations remains critical throughout the duration of this public health emergency,” wrote the Senators. “The decline in immunizations is largely attributable to efforts by families to adhere to social distancing guidelines to reduce both their exposure to, and the spread of COVID-19. But if this trend ofdecreased immunization rates among children continues, the United States could face yet another public health crisis: increased risk of outbreaks of vaccine-preventable diseases.”

The Senators continued, “Such outbreaks would put lives at risk, and place additional stress on our health care system and public health infrastructure at a time when these systems are struggling to respond to the COVID-19 pandemic.”

The Senators called for CDC to develop and execute a comprehensive plan to address the decline in immunization rates, including measures such as increased public outreach and education and best practices for parents and families to visit doctors while limiting their risk of contracting COVID-19. The Senators also asked for details on what CDC is doing to ensure sufficient supply of immunization doses and medical devices to administer them.

In addition to Senators Warner, Kaine, and Hassan, the letter was signed by Senators Patty Murray (D-WA), Bernie Sanders (I-VT), Jeff Merkley (D-OR), Tammy Baldwin (D-WI), Bob Casey (D-PA), Chris Van Hollen (D-MD), Mazie Hirono (D-HI), Richard Blumenthal (D-CT), Tina Smith (D-MN), Jacky Rosen (D-NV), Elizabeth Warren (D-MA), Amy Klobuchar (D-MN), Jack Reed (D-RI), and Doug Jones (D-AL).

Read the Senators’ full letter here or below. 

 

Dear Dr. Redfield,

We write to express significant concern regarding the recent decline in routine childhood immunization rates in the United States during the novel coronavirus (COVID-19) pandemic, and urge you to take immediate action to encourage and support routine pediatric immunizations through the duration of the COVID-19 pandemic.

According to recent data published by the Centers for Disease Control and Prevention (CDC), a decline in provider orders for non-influenza childhood vaccines, and measles-containing vaccines including the measles-mumps-rubella (MMR) vaccine, began one week after President Trump declared a national emergency on March 13, 2020 due to the COVID-19 pandemic. ^[1] In May, the Michigan Care Improvement Registry found a drastic decrease in vaccination rates among children across nearly every age group. The percentage of children five months and younger who remain up-to-date on recommended vaccines declined from 67.9 percent in 2019, to 49.7 percent in May 2020.^[2] The New York City health department reported a 63 percent drop in the number of vaccine doses administered to children between March 23 and May 9, including a 91 percent drop for children ages 2 and above.^[3]

The administration of routine pediatric immunizations remains critical throughout the duration of this public health emergency. The decline in immunizations is largely attributable to efforts by families to adhere to social distancing guidelines to reduce both their exposure to, and the spread of COVID-19. But if this trend of decreased immunization rates among children continues, the United States could face yet another public health crisis: increased risk of outbreaks of vaccine-preventable diseases. Such outbreaks would put lives at risk, and place additional stress on our health care system and public health infrastructure at a time when these systems are struggling to respond to the COVID-19 pandemic.

To avoid this potential crisis, we urge the CDC to immediately develop an action plan that incorporates targeted public outreach and education efforts on addressing vaccine hesitancy and emphasizing the importance of pediatric immunizations; resources for communities that have seen reductions in their immunization rates since the start of the COVID-19 pandemic; and guidance for parents and families on how to safely access pediatric immunizations during the COVID-19 pandemic, including best practices regarding personal protective equipment (PPE) use and other precautions to limit the risk of exposure to COVID-19 in health care settings; and necessary efforts to ensure rapid catch-up for children who are not up to date on critical pediatric vaccines.

In addition to developing the plans described above, we request that you respond to the following questions no later than July 1, 2020 to help us better understand how the federal government is working to address the alarming drop in pediatric immunization rates:

1. What specific steps is CDC taking to reverse the dramatic drop in vaccinations since mid-March?

1. How does CDC plan to capture accurate real-time data on pediatric immunization rates and identify potential solutions, particularly in vulnerable communities?

2. What outreach and education efforts are underway at CDC to address fears among parents and families related to bringing children into health care settings during the COVID-19 crisis? 

1. Is CDC planning a public information campaign to address vaccine hesitancy, and if so, how will CDC ensure that the necessary communication on the importance of routine immunizations is reaching parents and families?

2. How will CDC ensure that families receive guidance on safe access to care for children during the COVID-19 pandemic, including the appropriate use of PPE?

3. How will CDC communicate with health care workers, and provide the necessary tools to inform communities about the importance of receiving pediatric immunizations during the COVID-19 pandemic? 

4. What guidance is CDC providing to pediatricians and other health care workers on procedures to ensure that they can safely provide and promote routine pediatric immunizations?

5. Given the significant increase in unemployment due to COVID-19, many families are finding themselves uninsured. How will CDC raise awareness of the Vaccines for Children (VFC) program to ensure that families know their children can still access routine immunizations, and how does CDC plan to support participating VFC providers as they work to catch up VFC-eligible children on missed vaccinations, while also preparing for the upcoming flu season?

3. How will CDC monitor the ongoing availability and ordering of pediatric immunizations, including doses and other essential medical devices, PPE, and other supplies needed to store, transport and administer vaccines, and what plans are in place to address any supply chain disruptions?

1. Is CDC taking steps now to ensure that the availability of pediatric immunizations, and necessary medical devices and supplies, is not impacted when production and domestic distribution of a COVID-19 vaccine is underway?

4. Has CDC developed or reviewed modeling or projections that predict the potential impact on future vaccine-preventable outbreaks if the current pediatric immunization rate continues throughout the duration of the COVID-19 pandemic? 

5. Does CDC require additional resources from Congress in order to support efforts to reverse the decline in pediatric immunizations? If so, what level of funding would be sufficient?

We appreciate your timely response and look forward to working with you on this critical issue.

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WASHINGTON - U.S. Sen. Mark R. Warner (D-VA) joined Sen. Sherrod Brown (D-OH) and 6 of their Senate colleagues in a letter requesting additional information on the Borrower Protection Program that the Consumer Financial Protection Bureau (CFPB) and the Federal Housing Finance Agency (FHFA) announced in April. The agencies’ announcement stated that the CFPB and FHFA would share data under the program but did not say how that data would be used to protect borrowers. The Senators asked the agencies what information they would share and how each agency would use this new program to avoid unnecessary borrower defaults and foreclosures, as well as misinformation, unequal treatment of borrowers, or otherwise address servicers not complying with the law.   

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined U.S. Sens. Michael Bennet (D-CO) and Cory Gardner (R-CO) in a bipartisan group of 125 Members of Congress in a letter to President Donald Trump, Secretary of Defense Mark Esper, and Federal Emergency Management Agency (FEMA) Administrator Peter Gaynor calling on the Administration to ensure National Guard personnel who are serving on the front lines of the coronavirus response efforts across the nation receive the federal benefits they have earned.

“Thousands of National Guard servicemembers have been providing invaluable support for testing civilians and Guard personnel, logistics and warehouse distribution, planning for Emergency Operations Centers, homelessness outreach, and much more,” wrote the members of Congress. “…National Guard servicemembers have been supporting state efforts in high threat and high risk areas, namely, medical support to prisons; frontline testing at hot spots and critical infrastructure locations; supporting tracing operations; and providing direct care to COVID-19 positive citizens, including at care facilities like Veterans Living Centers and homeless populations.”

In the letter, the members of Congress proposed recommendations for addressing concerns related to the National Guard’s federal status, leave, health care, and GI Bill and retirement benefits. Addressing reports that National Guard’s federal status may be stopped at 89 days, preventing them from receiving full benefits, the members “encourage [the administration] to be inclusive of pandemic response affiliated military service to ensure that National Guard personnel are not being inappropriately prevented from accessing the benefits earned by their service.”

They continued, “…it is critical to ensure that all National Guard personnel are taken care of during this crisis and after, recognizing that the threat of COVID-19 will not immediately go away and the National Guard is likely to be called on again in the future... We are proud of [their] incredible contributions.”   

The text of the letter is available HERE and below. 

 

Dear Mr. President, Secretary Esper, and Administrator Gaynor: 

We write today to raise a number of issues impacting the National Guard personnel deployed in support of the fight against Coronavirus Disease 2019 (COVID-19).

The National Guard has been critical in executing the nation’s pandemic response efforts. Thousands of National Guard servicemembers have been providing invaluable support for testing civilians and Guard personnel, logistics and warehouse distribution, planning for Emergency Operations Centers, homelessness outreach, and much more. We also recognize that National Guard servicemembers have been supporting state efforts in high threat and high risk areas, namely, medical support to prisons; frontline testing at hot spots and critical infrastructure locations; supporting tracing operations; and providing direct care to COVID-19 positive citizens, including at care facilities like Veterans Living Centers and homeless populations.

Our national success in flattening the curve will not be possible without the contributions of the National Guard. We believe it is critical to ensure that all National Guard personnel are taken care of during this crisis and after, recognizing that the threat of COVID-19 will not immediately go away and the National Guard is likely to be called on again in the future.

Therefore, we urge you to consider our recommendations for addressing the following concerns immediately.

• Federal Status: We ask that you consider keeping all National Guard servicemembers supporting the COVID-19 mission on 502(f)(2) status rather than transitioning to State Active Duty (SAD) orders regardless of future FEMA reimbursement. This will ensure healthcare commensurate with the work they are performing is available. This will also ensure they are able to continue support to the nation’s effort without uncertainty of status. If orders are to be extended on a month-to-month basis, we ask that all orders are 31 days or longer in duration and that the announcement of extensions be made early in the month in order to allow for preparation by each state’s leadership teams.
• Leave: We are encouraged by the recent change that will allow National Guard members to sell back unused leave without penalty or roll over accrued leave to another activated status. We ask that you continue to provide National Guard members with flexibility in how they may utilize leave accrued during the COVID-19 response, and ensure necessary federal funding to support the different leave usage options.
• Healthcare: We ask that you ensure the National Guard members activated in support of COVID-19 are provided Transition Assistance Management Program (TAMP) benefits for 180 days after coming off orders, similar to their Reserve counterparts.
• GI Bill and Retirement Benefits: We believe that the service of National Guard members during this unprecedented emergency is deserving of the recognition intended by educational and retirement benefit programs in the spirit in which they were created. We encourage you to be inclusive of pandemic response affiliated military service to ensure that National Guard personnel are not being inappropriately prevented from accessing the benefits earned by their service.

We are proud of the incredible contributions of the National Guard. They have been a critical team member in the nation’s fight against COVID-19. We welcome your support in ensuring they are kept safe, healthy, and receive the benefits they deserve. 

Sincerely, 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Tammy Duckworth (D-IL) in introducing legislation to ensure that all National Guard troops activated in response to the COVID-19 pandemic receive full benefits. The National Guard COVID-19 Response Stability Act would extend Title 32 authority for all troops activated in response to the crisis through the end of the public health emergency – a move that would ensure that the federal government continues covering 100 percent of the costs of this activation. Currently, states have to continue requesting support to avoid a lapse in authorities or federal funding for the troops on the frontline of this crisis. While the Trump Administration gave an extension, it cynically chose a peculiar date that was later revealed to result in a hard deployment stop at 89 days for thousands of National Guard members – one day short of the 90-day threshold to receive additional federal benefits, like access to Post-9/11 GI Bill benefits.

“Our nation is lucky to be able to count on the men and women of the National Guard who are stepping up during this public health crisis,” said Sen. Warner. “While we may not be able to repay them for their selflessness and courage, the very least we can do is make sure they have access to full benefits as they work to fight this deadly pandemic.”

“The Trump Administration’s repeated attempts to nickel and dime members of the National Guard would be wrong under any circumstance, but it is particularly offensive when these troops are responding to a deadly COVID-19 pandemic that has already killed more than 90,000 Americans,” said Sen. Duckworth. “This legislation would ensure that all National Guard troops activated to respond to the COVID-19 pandemic are provided with the full benefits they’ve earned and will give states much-needed certainty during these uncertain times.”

Specifically, this legislation would amend federal law to authorize state governors to order members of the National Guard to active duty in connection with COVID-19 response with full federal benefits. This enhanced authority would be in place through the end of the Trump Administration’s declared public health emergency, plus an additional 30 days to allow the Guard to shift away from Title 32 operations. Most recently, the public health emergency declaration was renewed on April 26, 2020 for a period of 90 days.

In addition to Sens. Warner and Duckworth, the legislation was co-sponsored by Sens. Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Dick Durbin (D-IL), Mazie Hirono (D-HI), Bob Menendez (D-NJ), Gary Peters (D-MI), Brian Schatz (D-HI), Jeanne Shaheen (D-NH), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA) and Ron Wyden (D-OR).

Sen. Warner has been a strong advocate for National Guard troops during this crisis. In March, he wrote a letter urging the President to approve Governor Northam’s request to deploy the National Guard to help combat the COVID-19 outbreak in Virginia.

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine cosponsored legislation to increase the ability for Americans struggling with food insecurity to receive restaurant meals during the COVID-19 pandemic. Specifically, the COVID-19 Anti-Hunger Restaurant Relief for You Act of 2020—or the SNAP CARRY Act—expands eligibility for the SNAP Restaurant Meals Program (RMP) and waives program requirements to make it easier for states and restaurants to participate in the program during emergencies like the COVID-19 pandemic. The RMP prevents hunger in some of the most vulnerable communities by allowing people who may not have the ability or a place to prepare their own food to purchase discounted prepared meals at participating restaurants with their SNAP benefits. 

“We are proud to support this effort to expand the use of SNAP benefits to participating restaurants,” said the Senators. “This legislation is a win-win for increasing food security and supporting local restaurants – two critical issues amid this pandemic.”

During emergencies like COVID-19 when there are often unforeseen challenges around food access, the RMP could serve to ensure those struggling with hunger can easily and safely access food. In addition, as the restaurant industry struggles with closures due to COVID-19, the RMP would help prevent job loss among restaurant employees. However, statutory limits to the program present barriers to its use. 

The SNAP CARRY Act: 

1.     Allows all SNAP-eligible individuals to utilize the RMP during a nationally declared disaster or public health emergency

2.     Eases regulatory barriers on states participating in the program

3.     Gives the Secretary of Agriculture broad authority to authorize additional food retailers to participate in SNAP and the SNAP RMP

4.     Establishes an option and process for participating restaurants in the RMP to end their participation after COVID-19

The legislation is sponsored by Senator Chris Murphy. Click here for a one-pager. 

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) participated in a virtual Senate Banking Committee hearing on the coronavirus economic response with Federal Reserve Chairman Jerome Powell and Treasury Secretary Steven Mnuchin. In his questioning of Chairman Powell, Warner highlighted the dire economic conditions facing many Americans and pressed the Fed Chairman on whether Congress and the Fed were doing enough to help everyday Americans and prevent an economic depression. 

In his remarks at the beginning of the questioning period, Warner said, “I point to the survey that the Fed put out last week that literally said 40 percent of our fellow Americans who make less than $40,000 – 40 percent of those folks – had their jobs disappear between February and March. We all know as well that 36 million Americans were unemployed. We’re at depression levels of unemployment and I think statistics have always shown that particularly losing your job during a recession could actually incur long-time income losses, up to 19 percent over the coming decade, according to some of the statistics that I’ve seen.”

In response to Sen. Warner’s question about what would happen if Congress fails to take appropriate action, Chairman Powell said, “…There is clear evidence that when you have a situation where people are unemployed for long periods of time, that can permanently weigh on both, their careers and their ability to go back to work, and also weigh on the economy for years – equally so with small and medium-sized businesses, which are the jobs machine of our great economy. If we allow unnecessary, avoidable insolvencies because of, effectively, a natural disaster, that too will destroy the work of many families and generations but it will also weigh on the economy.”

With coronavirus-related job losses now exceeding 36 million, Sen. Warner has been outspoken on the need for Congress to take bold, large-scale action to assist struggling American workers and prevent further economic devastation. Last week, he took to the Senate floor to call on his colleagues to pass legislation that would provide paychecks to laid-off and furloughed workers.

In April, Sens. Mark R. Warner (D-VA), Bernie Sanders (I-VT), Doug Jones (D-AL) and Richard Blumenthal (D-CT) released a proposal to establish a ‘Paycheck Security’ program to cover the wages and benefits of employees of affected businesses and non-profits until the economic and public health crisis is resolved. The Senators’ proposed plan would cover the full payroll and benefits of workers at distressed businesses and non-profits, up to $90,000 per employee, for at least six months. The Paycheck Security plan would also provide funds to cover fixed operating costs such as rent, utilities, and insurance costs to help employers weather the economic crisis. The Senators released an extensive white paper detailing eligibility, verification, and other contours of their proposal, which is available here.

The full exchange between Sen. Warner and Chairman Powell is transcribed below:

Sen. Mark R. Warner: Thank you gentlemen. I want to start, Chairman Powell, with some of the comments I think you’ve made and I want to reinforce them. I think we all realize and understand that losing a job at any point if your lifetime is an enormous challenge. Losing your job in the midst of a recession or depression could be devastating. I point to the survey that the Fed put out last week that literally said 40 percent of our fellow Americans who make less than $40,000 – 40 percent of those folks – had their jobs disappear between February and March. We all know as well that 36 million Americans were unemployed. We’re at depression levels of unemployment and I think statistics have always shown that particularly losing your job during a recession could actually incur long-time income losses, up to 19 percent over the coming decade, according to some of the statistics that I’ve seen. So again, I would like you to take a moment to say – we have to measure overdoing versus underdoing – but with this type of devastation, with this type of pain disproportionately hitting low and moderate-income Americans, can you speak to us of the results and the long-term scars this would present if we don't take aggressive action?

Chairman Jerome Powell: Thank you. I'd be glad to. So, there is clear evidence that when you have a situation where people are unemployed for long periods of time, that can permanently weigh on both, their careers and their ability to go back to work, and also weigh on the economy for years – equally so with small and medium-sized businesses, which are the jobs machine of our great economy. If we allow unnecessary, avoidable insolvencies because of, effectively, a natural disaster, that too will destroy the work of many families and generations but it will also weigh on the economy. So that those are things to keep in mind. As I said earlier, this is the biggest response by Congress ever, and the fastest, and the biggest from us, and still, this is the biggest shock we’ve in living memory and the question looms in the air of ‘is it enough?’

Sen. Warner: And I would argue that historically, whether it's our country or other nations, that governments tend to undershoot during these periods, and we now have 36 million Americans without work and 40 percent of the folks under $40,000 a year losing their work, and this scar could be deep and wide.

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WASHINGTON — U.S. Sen. Mark R. Warner (D-Va.) joined Sens. Chris Coons (D-Del.), Susan Collins (R-Maine) and nine of their colleagues on a bipartisan letter to Senate Leadership encouraging additional support for first responders in the next COVID-19 relief package. 

In addition to Sens. Warner, Coons and Collins, the letter was joined by Senators Tom Carper (D-Del.), Dick Durbin (D-Ill.), Richard Blumenthal (D-Conn.), Angus King (I-Maine), Jon Tester (D-Mont.), Chris Van Hollen (D-Md.), Ron Wyden (D-Ore.), Bob Casey (D-Pa.), and Amy Klobuchar (D-Minn.). 

The lawmakers detailed the following priorities for first responders:

• Bolster Assistance to Firefighter Grant, Staffing for Adequate Fire and Emergency Response (SAFER), and Department of Justice grant funding, including for the Community Oriented Policing Services program, so that state and local police, fire, and EMS departments can access resources to purchase and be reimbursed for PPE and other COVID-19 related expenses, recruit and retain employees and volunteers, and cover overtime, backfill costs, authorized hazard pay, and COVID-19-related paid sick leave during the crisis.
• Require that the Secretary of the Department of Homeland Security waive the cost share and maintenance of expenditure requirements for Assistance to Firefighter Grants for reimbursement of COVID-19-related expenses through FY21. 
• Require that the Secretary of the Department of Homeland Security grant waivers to SAFER grant recipients for employee retention to aid staffing shortages through FY21.  In addition, any legislation should retroactively require that the Secretary grant such waivers for FY19 and FY20 SAFER funds. 
• Waive the prohibition on hazard pay for federal firefighters under 5 U.S.C. §?5545b(d)(1) for purposes of COVID-19 response, provide funding to federal agencies sufficient to cover hazard pay to frontline federal firefighters and law enforcement officers when appropriate, extend overtime pay to U.S. Probation Officers, and waive the federal firefighter and law enforcement officer overtime cap under 5 U.S.C. §?5547.
• Address the gap in paid sick leave coverage for first responders by requiring that the employing agency, not the employee, provide up to 80 hours of paid sick leave should these departments order the employee to self-quarantine in accordance with Centers for Disease Control and Prevention guidelines due to potential COVID-19 exposure.
• Create a presumption in the Public Safety Officers’ Benefits Program that a public safety officer’s infection of COVID-19 resulted from their employment to clearly establish eligibility for benefits due to the pandemic.
• Prevent the taxation of state and local incentives for volunteer firefighters and EMS personnel beyond 2020 in order to help departments continue to recruit and retain volunteer personnel.

The lawmakers’ effort is supported by the Fraternal Order of Police, the National Association of Police Organizations, the Federal Law Enforcement Officers Association, the International Association of Fire Fighters, the National Volunteer Fire Council, and the Congressional Fire Services Institute.

The full text of the letter is available here and below. 

 

Dear Leader McConnell and Leader Schumer: 

We appreciate your work to provide support for our nation’s police officers, firefighters, and emergency medical services (EMS) personnel in the Coronavirus Aid, Relief, and Economic Security Act.  However, additional assistance is needed during this crisis.  As Congress considers further legislation in response to the COVID-19 pandemic, we urge you to include additional support for our nation’s first responders who work in some of the highest risk occupations for COVID-19 exposure.^[i]  First responders are routinely in physical contact with potentially infected persons and are facing unprecedented volumes of dispatch calls in severely impacted areas.^[ii]

A short supply of personal protective equipment (PPE) for first responders to guard against disease exposure has left many police officers, firefighters, and EMS personnel exposed to the dangers of this crisis.  This has resulted in too many first responders across our nation contracting COVID-19 and being forced to self-quarantine, which has led to staffing shortages.^[iii]  As of April 1, more than 1,400 New York City Police Department employees have contracted COVID-19, with 6,100 in total in quarantine, and 282 New York City Fire Department employees have contracted COVID-19, with 950 in total in quarantine.^[iv]  While New York City is the current epicenter of the U.S. outbreak, many other cities and states with developing outbreaks such as New Jersey, Florida, Detroit, Seattle, Washington D.C., and several additional states and cities across the nation^[v] have reported a significant number of first responders contracting COVID-19 or requiring self-quarantine.

As this outbreak continues, many more first responders will undoubtedly contract COVID-19 or be forced to self-quarantine.  To support our nation’s police officers, firefighters, and EMS personnel serving on the front lines of this pandemic, we urge action on the below items.  

• Bolster Assistance to Firefighter Grant, Staffing for Adequate Fire and Emergency Response (SAFER), and Department of Justice grant funding, including for the Community Oriented Policing Services program, so that state and local police, fire, and EMS departments can access resources to purchase and be reimbursed for PPE and other COVID-19 related expenses, recruit and retain employees and volunteers, and cover overtime, backfill costs, authorized hazard pay, and COVID-19-related paid sick leave during the crisis.
• Require that the Secretary of the Department of Homeland Security waive the cost share and maintenance of expenditure requirements for Assistance to Firefighter Grants for reimbursement of COVID-19-related expenses through FY21. 
• Require that the Secretary of the Department of Homeland Security grant waivers to SAFER grant recipients for employee retention to aid staffing shortages through FY21.  In addition, any legislation should retroactively require that the Secretary grant such waivers for FY19 and FY20 SAFER funds. 
• Waive the prohibition on hazard pay for federal firefighters under 5 U.S.C. §?5545b(d)(1) for purposes of COVID-19 response, provide funding to federal agencies sufficient to cover hazard pay to frontline federal firefighters and law enforcement officers when appropriate, extend overtime pay to U.S. Probation Officers, and waive the federal firefighter and law enforcement officer overtime cap under 5 U.S.C. §?5547.
• Address the gap in paid sick leave coverage for first responders by requiring that the employing agency, not the employee, provide up to 80 hours of paid sick leave should these departments order the employee to self-quarantine in accordance with Centers for Disease Control and Prevention guidelines due to potential COVID-19 exposure.
• Create a presumption in the Public Safety Officers’ Benefits Program that a public safety officer’s infection of COVID-19 resulted from their employment to clearly establish eligibility for benefits due to the pandemic.
• Prevent the taxation of state and local incentives for volunteer firefighters and EMS personnel beyond 2020 in order to help departments continue to recruit and retain volunteer personnel. 

During a time of crisis, communities rely on local first responders as the first line of defense for protection and emergency response.  As you continue to develop further legislation in response to the COVID-19 pandemic, we urge you to include the above items so that our nation’s first responders can operate at full capacity as we fight the COVID-19 pandemic. 

Sincerely, 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) and U.S. Rep. Cindy Axne (D-IA) urged the U.S. Securities and Exchange Commission (SEC) to require that human capital management information is made publicly available in a timely and accurate manner to help determine whether a company will be successfully able to weather risks following the COVID-19 crisis – a critical issue for investors and the overall economy. In their letter to the SEC, the members of Congress stressed the importance of standardizing the human capital management policies that companies disclose to the public, particularly policies regarding employee engagement and sick leave, investment in training, and administrative controls like cleaning practices, varying work schedules, and protective equipment for workers.

“During these deeply uncertain times, companies and workers face a rapidly evolving set of economic, health, and workforce challenges unimaginable only a few months ago. Now, more than ever, investors and the public should have access to comprehensive, timely, and comparable information related to companies’ human capital management practices,” wrote the lawmakers. “Over the past several months, companies across the country have taken extreme actions to adapt and respond to the evolving workforce challenges presented by COVID-19.  Facing extraordinary operational and financial challenges, different industries and businesses are attempting to weather the crisis in unique ways.”

“Through different responses to their workforce, from layoffs to workplace safety to paid leave, COVID-19 is exposing the myriad ways that company human capital management practices pose operational and reputational risks for short and long-term performance.” they continued. “To standardize what companies disclose to the public, we urge you to provide the guidance necessary to ensure timely and accurate delivery of critical human capital management information to investors.”

In their letter, the lawmakers requested that the SEC finalize and implement proposed modernizations to Regulation S-K and its updates to human capital management reporting requirements, urging that these requirements include quantitative disclosure items with a high value across industries, like total number employees, total wages, turnover rates, spending on employee training opportunities, and whether workers have full-time or contractor status.

Sen. Warner and Rep. Axne have long called for better disclosure practices of human capital management information. They have introduced bicameral legislation to require public companies to disclose basic human capital metrics, including workforce turnover rates, skills and development training, workforce health and safety, and compensation statistics. Sen. Warner has repeatedly urged the SEC to revise and modernize Regulation S-K to require public reporting companies to disclose more qualitative and quantitative information regarding human capital. 

Additionally, Sen. Warner has been an outspoken advocate of investing in workers and ensuring they are adequately equipped to participate in the 21st century labor force. Last year, the SEC announced a proposed Regulation S-K rule following advocacy by Sen. Warner, who previously urged the Commission to heed the calls of investors and utilize its rulemaking authority to require companies across the board to provide further details relating to human capital management. Most recently, he sent a letter requesting that the SEC require companies to disclose specific metrics in addition to human capital resources, measures, and objectives.

Text of the letter is available here and below. 

 

The Honorable Jay Clayton 

Chairman

Securities & Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549

Dear Chairman Clayton,

We appreciate the Securities and Exchange Commission’s (SEC’s) efforts to help stabilize markets and protect investors in the face of the extraordinary economic disruption caused by the onset of the COVID-19 pandemic.  During these deeply uncertain times, companies and workers face a rapidly evolving set of economic, health, and workforce challenges unimaginable only a few months ago.  Now, more than ever, investors and the public should have access to comprehensive, timely, and comparable information related to companies’ human capital management practices.  Indeed, the current COVID-19 pandemic is a vivid example of why human capital management reporting is so critical to carrying out the SEC’s mission to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation.

Over the past several months, companies across the country have taken extreme actions to adapt and respond to the evolving workforce challenges presented by COVID-19.  Facing extraordinary operational and financial challenges, different industries and businesses are attempting to weather the crisis in unique ways.  JUST Capital, for example, has been tracking the responses of the S&P’s 100 largest public companies to their workers and finds wide variation in the policies implemented as well as their disclosure.   Through different responses to their workforce, from layoffs to workplace safety to paid leave, COVID-19 is exposing the myriad ways that company human capital management practices pose operational and reputational risks for short and long-term performance.

To standardize what companies disclose to the public, we urge you to provide the guidance necessary to ensure timely and accurate delivery of critical human capital management information to investors.  This includes, among other things: remuneration across the workforce; employee engagement and sick leave information; investment in training, especially with regard to health and safety preparedness; identification of workforce safety hazards and levels of risk; administrative controls; such as cleaning practices, varying work schedules; and protective equipment for workers, such as masks and gloves.  These issues will be important in determining if companies will be able to open and remain open, a critical issue for investors as well as for the economy as a whole. 

We also urge you to quickly move forward with finalizing the proposed modernizations to Regulation S-K’s human capital management reporting requirements with the following improvements.  Investors and the public should have much-needed, fundamental human capital information to assess a company’s ongoing performance now and in the future.  Finalized metrics should include quantitative disclosure items with a high value across industries, such as total employees, total wages, whether workers are full-time or contractors, turnover and promotion rates, violations of workplace safety regulations, and spending on employee training opportunities.  Disclosure of these critical workforce metrics will better enable investors to assess the impact of future health or economic crises on the company’s workforce, which are material to company performance, investment and voting decisions.

In fact, disclosure of human capital management policies should be part of a whole-of-government economic recovery strategy.  You have noted in the past on calls with SEC Investor Advisory Committee members that “human capital and intellectual property often represent an essential resource and driver of performance for many companies.”   We agree.  Using asset management industry measurement standards such as risk-adjusted returns and means excess returns, researchers find that the S&P 500 firms disclosing their human capital costs are disproportionately the highest performing firms.   This same research finds that intensity of human capital reporting is correlated with greater firm financial performance, a focus on long-term value creation, and a higher return on investment from talent.   The estimated overarching benefits to the economy would vastly outweigh the costs of disclosure.

The onset of the COVID-19 pandemic is a reminder that investors and the public are well served by a robust human capital management disclosure regime.  As the founder of the Coalition for Inclusive Capitalism recently noted in the Financial Times, U.S. financial markets had no form of standardized financial accounting before 1929.   Just as GAAP was urgently adopted after the Great Depression, we strongly believe standardized, comparable metrics of human capital disclosure requirements in the context of this pandemic are critical for investors to accurately measure company performance both now and in the future, which furthers the SEC’s mission to “protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation.” 

Thank you for your continued work during these challenging times.  We look forward to working with you on this critical matter. 

Sincerely, 

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WASHINGTON – Today, Senate Select Committee on Intelligence Chairman Richard Burr (R-NC) and Vice Chairman Mark Warner (D-VA) released the following statement:

“The Senate Select Committee on Intelligence has submitted the fifth and final volume of its bipartisan investigative report into Russian interference in the 2016 U.S. election to the Office of Director of National Intelligence for classification review. In addition to submitting the full, classified report, and in order to help facilitate the Intelligence Community’s review, we have also submitted what we assess to be a properly redacted, unclassified version of the report, totaling nearly 1,000 pages. It is our hope that ODNI can expeditiously review these documents so that the Committee can consider, vote on, and release the report as soon as possible. 

“We want to thank the talented and tireless staff who have contributed to the Committee’s investigation. The work they’ve done has already greatly added to our understanding of and response to foreign threats to our democratic process.”

Background:

·       At a May 5^th open hearing for the nomination of Director of National Intelligence, Chairman Burrannounced that the Committee’s fifth report was complete and would be sent for declassification. During questioning, nominee Rep. John Ratcliffe affirmed his commitment as DNI to an expeditious review of the Committee’s report.

·       To date, the Committee has released four out of a total of five volumes in its comprehensive report on Russia’s 2016 election interference. The previously released volumes examined U.S. election security, Russia’s use of social media, the Obama Administration’s response to Russian interference, and the January 2017 Intelligence Committee Assessment.

·       The fifth and final volume examines the Committee’s counterintelligence findings.

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WASHINGTON - As tech companies and public health agencies deploy contact tracing apps and digital monitoring tools to fight the spread of COVID-19, U.S. Sens. Mark R. Warner and Richard Blumenthal (D-CT) and U.S. Reps. Anna G. Eshoo (D-CA), Jan Schakowsky (D-IL), and Suzan DelBene (D-WA) introduced the Public Health Emergency Privacy Act to set strong and enforceable privacy and data security rights for health information.

After decades of data misuse, breaches, and privacy intrusions, Americans are reluctant to trust tech firms to protect their sensitive health information – according to a recent poll, more than half of Americans would not use a contact tracing app and similar tools from Google and Apple over privacy concerns. The bicameral Public Health Emergency Privacy Act would protect Americans who use this kind of technology during the pandemic and safeguard civil liberties. Strengthened public trust will empower health authorities and medical experts to leverage new health data and apps to fight COVID-19.

“This measure sets strict and straightforward privacy protections and promises: Your information will be used to stop the spread of this disease, and no more,” Blumenthal said. “Legal safeguards protecting consumer privacy failed to keep pace with technology, and that lapse is costing us in the fight against COVID-19. Americans are rightly skeptical that their sensitive health data will be kept safe and secure, and as a result, they’re reluctant to participate in contact tracing programs essential to halt the spread of this disease. The Public Health Emergency Privacy Act’s commitment to civil liberties is an investment in our public health.”

“Communications technology has obviously played an enormously important role for Americans in coping with and navigating the new reality of COVID-19 and new technology will certainly play an important role in helping to track and combat the spread of this virus. Unfortunately, our health privacy laws have not kept pace with the privacy expectations Americans have come to expect for their sensitive health data,” Warner said. “Absent a clear commitment from policymakers to improving our health privacy laws, as this important legislation seeks to accomplish, I fear that creeping privacy violations could become the new status quo in health care and public health. The credibility – and indeed efficacy – of these technologies depends on public trust.” 

“I’m thankful that our country is blessed with the world’s best innovators and technologists, many of whom I represent in the House, and that they have joined the effort to combat the coronavirus by using technology to control the spread of the virus,” said Eshoo. “As we consider new technologies that collect vast amounts of sensitive personal data, we must not lose site of the civil liberties that define who we are as a nation. I’m proud to join my colleagues to introduce the Public Health Emergency Privacy Act, strong and necessary legislation that protects the privacy of every American while ensuring that innovation can aid important public health efforts.”

“As we continue to respond to the devastating suffering caused by COVID-19, our country’s first and foremost public health response must be testing, testing, testing, AND manual contact tracing. Digital contact tracing can and should complement these efforts, but it is just that – complimentary. However, if we do pursue digital contact tracing, consumers need clearly-defined privacy rights and strong enforcement to safeguard these rights. I am proud to introduce this bill with my friend and fellow Energy & Commerce Subcommittee Chairwoman Eshoo, along with Senators Blumenthal and Warner,” said Schakowsky. “It’s our shared belief that swift passage of this legislation would go a long way towards establishing the trust American consumers need – and which Big Tech has squandered, time and again –  for digital contact tracing to be a worthwhile auxiliary to widespread testing and manual contact tracing.”

“We must use every tool available to us to respond to the COVID-19 pandemic. Contract tracing, along with testing, are the cornerstones of a science-based approach to addressing this historic crisis. We can protect our public health response and personal data privacy,” said DelBene. “I have been calling on the Trump administration and the private sector to adopt data privacy principles since the start of this outbreak. It is time for Congress to lead the way in assuring we have a strong national contact tracing system and that Americans’ personal data is protected. This bill will achieve this mutual goal.”

Eshoo, Schakowsky, and DelBene introduced House legislation with original co-sponsors House Energy and Commerce Committee Vice Chair Yvette Clarke (D-NY), Health Subcommittee Vice Chair G. K. Butterfield (D-NY), and Consumer Protection & Commerce Subcommittee Vice Chair Tony Cárdenas (D-CA).

The Public Health Emergency Privacy Act would:

·       Ensure that data collected for public health is strictly limited for use in public health;

·       Explicitly prohibit the use of health data for discriminatory, unrelated, or intrusive purposes, including commercial advertising, e-commerce, or efforts to gate access to employment, finance, insurance, housing, or education opportunities;

·       Prevent the potential misuse of health data by government agencies with no role in public health;

·       Require meaningful data security and data integrity protections – including data minimization and accuracy – and mandate deletion by tech firms after the public health emergency;

·       Protect voting rights by prohibiting conditioning the right to vote based on a medical condition or use of contact tracing apps;

·       Require regular reports on the impact of digital collection tools on civil rights;

·       Give the public control over their participation in these efforts by mandating meaningful transparency and requiring opt-in consent; and

·       Provide for robust private and public enforcement, with rulemaking from an expert agency while recognizing the continuing role of states in legislation and enforcement.

The Public Health Emergency Privacy Act is endorsed by Lawyers’ Committee for Civil Rights Under Law, Public Knowledge, New America’s Open Technology Institute, Consumer Reports, Free Press, Electronic Privacy and Information Center (EPIC), Public Citizen, health privacy scholar Frank Pasquale, and privacy scholar Ryan Calo.

“African Americans and other marginalized communities are suffering disproportionately from coronavirus and its economic effects. They do not need further harm from snake oil surveillance tech. This bill protects the most vulnerable—it ensures that any technology used to track the virus is not used to unfairly discriminate in employment, voting, housing, education, and everyday commerce,” said David Brody, Counsel and Senior Fellow for Privacy & Technology at the Lawyers’ Committee for Civil Rights Under Law.

“As contact tracing apps and other types of COVID-19 surveillance become commonplace in the United States, this legislation will protect the privacy of Americans regardless of the type of technology used or who created it. It is critical that Congress continue to work to prevent this type of corporate or government surveillance from becoming ubiquitous and compulsory,” said Sara Collins, Policy Counsel at Public Knowledge. 

“OTI welcomes this effort to protect privacy as lawmakers consider pandemic response plans that gather vast quantities of data. The bill would establish strong safeguards that would prevent personal data from being used for non-public health purposes and prevent the data from being used in a discriminatory manner,” said Christine Bannan, Policy Counsel at New America’s Open Technology Institute.

“When it comes to tracking and collecting people’s data, we want to make sure there are basic protections for people’s privacy, and this bill is a positive step to establish the trust and balance that’s needed. The bill smartly requires that data collected to fight coronavirus can only be used for public health purposes – and nothing else. Importantly, the bill ensures an individual's right to seek redress for violations, and it bars against the use of pre-dispute arbitration agreements. These measures will help individuals trust contact-tracing or proximity-tracing programs, and they can serve as a model for more comprehensive protections down the road,” said Justin Brookman, Director of Consumer Privacy and Technology Policy for Consumer Reports.

“Digital contact tracing and exposure notification systems may be important tools in combating the spread of coronavirus. But they must be deployed responsibly and with adequate safeguards that protect the privacy and civil rights of the people that use them. The Public Health Emergency Privacy Act is a serious effort at ensuring our rights are protected while giving public health officials the tools they need to track and notify those exposed to COVID-19. These rules must apply to everyone using these systems, whether that’s state or local governments, employers, or other tech companies. This bill protects the civil rights of the most vulnerable essential workers, the disproportionately Black and Latinx people most exposed to the virus, and will help ensure they’re not also subject to invasive and unnecessary surveillance that will linger long after this crisis passes,” said Gaurav Laroia, Senior Policy Counsel with Free Press.

“The Public Health Emergency Privacy Act shows that privacy and public health are complementary goals. The bill requires companies to limit the collection of health data to only what is necessary for public health purposes, and crucially, holds companies accountable if they fail to do so,” said Caitriona Fitzgerald, Interim Associate Director and Policy Director with Electronic Privacy Information Center (EPIC). 

“What we need more than anything during this global emergency is to feel less vulnerable, to be sure not just that our health is protected, but that our rights are protected as well. This bill will ensure that whatever technological innovation emerges during the pandemic, we will feel safer knowing that our rights to privacy, to our day in court and to access to the ballot box won’t be threatened,” said Robert Weissman, President of Public Citizen.

 “This bill establishes critical protections for patients whose health data is released in the context of the public health emergency. To build a trusted data infrastructure, the US needs to ensure that any entity which accesses such data is held accountable and does not abuse the public trust. The Public Health Emergency  Privacy Act is a big step in the right direction,” said Frank Pasquale, Piper & Marbury Professor of Law at University of Maryland Carey School of Law. 

“This draft legislation addresses two of my biggest privacy concerns about the use of technology and information to respond to COVID-19. As the Act makes clear, the emergency health data of Americans should only be used to fight the pandemic and should never be used to discriminate or deny opportunity,” said Ryan Calo, Lane Powell & D. Wayne Gittinger Endowed Professor at University of Washington School of Law.