WASHINGTON, D.C. - Today, U.S. Senators Mark R. Warner and Tim Kaine announced $7,961,099 in federal funding through the U.S. Department of Health and Human Services (HHS) to expand COVID-19 testing capacity at 26 health centers across Virginia. These grants were awarded as part of the Expanding Capacity for Coronavirus Testing (ECT) program.

“We must expand testing capacity for COVID-19 in Virginia and across the country,” the Senators said. “This federal funding will directly help health centers in Virginia achieve this. We will keep working to ensure that health centers receive the support they need to serve Virginians during this emergency.”

The following will receive funding:

• Rockbridge Area Free Clinic of Lexington, VA will receive $198,709
• Tri-Area Community Health of Laurel Fork, VA will receive $247,429
• Blue Ridge Medical Center, Inc. of Arrington, VA will receive $227,029
• Central Virginia Health Services of New Canton, VA will receive $785,164
• Portsmouth Community Health Center, Inc. of Portsmouth, VA will receive $291,424
• Peninsula Institute for Community Health of Newport News, VA will receive $405,559
• Neighborhood Health of Alexandria, VA will receive $536,194
• Clinch River Health Services, Inc. of Dungannon, VA will receive $138,814
• Kuumba Community Health & Wellness Center of Roanoke, VA will receive $239,974
• St. Charles Health Council, Inc. of Jonesville, VA will receive $356,074
• Eastern Shore Rural Health System, Inc. of Onancock, VA will receive $573,139
• Daily Planet Health Services of Richmond, VA will receive $201,424
• Johnson Health Center of Madison Heights, VA will receive $475,054
• Highland Medical Center, Inc. of Monterey, VA will receive $126,499
• Piedmont Access to Health Services (PATHS) of Danville, VA will receive $387,844
• Southwest Virginia Community Health Systems, Inc. of Saltville, VA will receive $321,469
• Martinsville Henry County Coalition for Health and Wellness of Martinsville, VA will receive $170,044
• Harrisonburg Community Health Center, Inc. of Harrisonburg, VA will receive $332,344
• Free Clinic Of The New River Valley, Inc. of Christiansburg, VA will receive $174,979
• Greater Prince William Community Health Center of Woodbridge, VA will receive $386,404
• Bland County Medical Clinic, Inc. of Bastian, VA will receive $194,404
• Southern Dominion Health Systems, Inc. of Victoria, VA will receive $285,574
• Stony Creek Community Health Center of Stony Creek, VA will receive $138,739
• Loudoun Community Health Center DBA Health Works Northern Virginia of Leesburg, VA will receive $286,249
• Capital Area Health Network of Richmond, VA will receive $312,604

• Horizon Health Services, Inc. of Ivor, VA will receive $167,959

The ECT award supports health centers by providing funding for necessary expenses to purchase, administer, and expand capacity for testing in order to monitor and combat COVID-19.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined Sen. Chris Van Hollen (D-MD) and seven of their Senate colleagues in urging the President to expand his use of Title III of the Defense Production Act (DPA) in order to dramatically increase domestic production capacity for personal protective equipment (PPE) and COVID-19 testing supplies. 

“An analysis by Harvard University researchers found that the United States must, at minimum and under the best-case scenario, double the number of tests being conducted each week,” wrote the Senators. “In many cases, even when state and local governments are able to get some supplies into the hands of their frontline medical personnel, they go unused because of shortages in other key supplies.” 

They continued, “Congress appropriated $57.6 billion to address critical needs such as these, including $16 billion to purchase medical supplies for distribution through the Strategic National Stockpile and at least $11 billion to support efforts to expand testing by states, localities, and tribes. But it is clear that these widespread shortages will not be fully resolved until the nation’s production capacity can be dramatically scaled up, and despite unprecedented global demand, private sector companies have been reticent to expand production capacity without support and direction from the federal government. For that reason, is imperative that the federal government fully use its authority to support and expand production of PPE and testing supplies.”

Section 301 and 302 of Title III authorize the President to reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes. Meanwhile, Section 303 gives the President the authority to create, maintain, protect, expand, or restore domestic industrial base capacity, which includes purchasing or making purchase commitments of industrial resources or critical technology items, making subsidy payments for domestically produced materials, and installing and purchasing equipment for government and privately-owned industrial facilities to expand their production capacity.

In their letter, the Senators note that Title III has only been used twice by the government to respond to this health crisis and urge the President to immediately expand production and deliveries of PPE and testing supplies by using Title III of the Defense Production Act and any other appropriate authority.

Sen. Warner has long called for an increase in testing and PPE production in the Commonwealth. In March, he joined his colleagues in introducing the Free COVID-19 Testing Act, legislation that would expand free tests to confirm coronavirus (COVID-19) infections. He has also introduced legislation to require the president to utilize all available authorities under the Defense Production Act to mobilize a federal response to the pandemic through an equitable and transparent process. Additionally, he has pressed the Administration to outline how it plans to use Defense Production Act powers to increase production of testing supplies and equipment needed for the pandemic response. 

Joining Sens. Warner and Van Hollen on the letter are Sens. Angus King (I-ME), Gary Peters (D-MI), Kamala Harris (D-CA), Mazie Hirono (D-HI, Patrick Leahy (D-VT), Debbie Stabenow (D-MI), and Jack Reed (D-RI).

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

Dear President Trump: 

We write in response to the release of your administration’s blueprint for State testing plans and rapid response programs to urge you to broaden your use of Title III of the Defense Production Act (DPA) and other appropriate authorities to expand domestic production capacity for personal protective equipment (PPE) and COVID-19 testing supplies.

On April 27, you announced that your administration had “successfully scaled a robust testing regime that is able to meet the massive needs of a nationwide pandemic.” On the same day, an analysis by Harvard University researchers found that the United States must, at minimum and under the best-case scenario, double the number of tests being conducted each week. Nationwide shortages continue to prevent the United States from conducting enough tests to safely reopen.

In many cases, even when state and local governments are able to get some supplies into the hands of their frontline medical personnel, they go unused because of shortages in other key supplies. In Maryland, for example, the state has secured a large number of testing kits, but the kits cannot be used without the necessary swabs and viral transport media—both of which have been in short supply.

Similarly, the nation continues to face critical shortages of PPE. This has led to dangerous rationing and efforts by medical providers to disinfect, reuse, or fashion their own equipment. Reports from across the country paint a bleak picture: staff at the Henry Ford Health System in Michigan made their own face shields using plastic sheets, elastic bands, and tongue depressors. Providence Health in Washington did the same using supplies from Home Depot. Elsewhere, medical staff are soliciting donations of homemade cloth masks and constructing makeshift decontamination systems to reuse their PPE.

Before any state in the country can reopen responsibly, PPE and testing needs must be met. Congress appropriated $57.6 billion to address critical needs such as these, including $16 billion to purchase medical supplies for distribution through the Strategic National Stockpile and at least $11 billion to support efforts to expand testing by states, localities, and tribes. But it is clear that these widespread shortages will not be fully resolved until the nation’s production capacity can be dramatically scaled up, and despite unprecedented global demand, private sector companies have been reticent to expand production capacity without support and direction from the federal government. For that reason, is imperative that the federal government fully use its authority to support and expand production of PPE and testing supplies.

Section 301 and 302 of Title III authorize you to issue loan guarantees and direct loans to reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes. Section 303 grants you a range of authorities to create, maintain, protect, expand, or restore domestic industrial base capacity. These include purchasing or making purchase commitments of industrial resources or critical technology items, making subsidy payments for domestically produced materials, and installing and purchasing equipment for government and privately owned industrial facilities to expand their production capacity. In short, these authorities allow you to provide a company the financing and equipment they need to expand their production capacity and guarantee a buyer for their products once that capacity comes online. 

As part of the CARES Act, Congress appropriated $1 billion for the primary purpose of expanding domestic production of medical supplies to respond to COVID-19. We appreciated your executive order on March 27, 2020 to delegate authority to the Secretaries of Health and Human Services and Homeland Security, allowing each to make use of DPA Title III to expand production capacity. However, to date, Title III has been used just twice as part of the government’s response to the COVID-19 pandemic. On April 11, 2020, the Department of Defense announced that it would use Title III to secure a $133 million investment resulting in the production of 39 million additional N95 masks. On April 29, DOD announced a Title III award to expand the production of swabs by Puritan Medical Supplies in Maine.

These measures are totally inadequate to meeting the challenge we face. This crisis requires faster, more coordinated action to limit loss of life in the near term and over the next year. We urge you to act immediately to expand production and deliveries of PPE and testing supplies using Title III of the Defense Production Act and any other appropriate authority.

Sincerely,

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined Sen. Michael Bennet (D-CO) and his Senate colleagues in calling on the Department of Veterans Affairs (VA) to ramp up COVID-19 testing at VA facilities nationwide as part of a national testing plan. 

“We write to ask the Department of Veterans Affairs (VA), which has the nation’s largest health care system, to play a proactive role in supporting an expansive nationwide testing program for the Coronavirus Disease 2019 (COVID-19). VA should establish a national plan across VA to facilitate testing for the veteran community and VA health care providers, as one element of the national strategic testing plan required by the Paycheck Protection Program and Health Care Enhancement Act. As part of a larger national strategy, a VA effort focused on expansive testing is critical to achieving widespread testing across the nation,” the Senators wrote in a letter to VA Secretary Robert Wilkie.

A proactive national strategy by the VA would, for example, expand, centralize, and coordinate the ordering and distribution of critical supplies and testing kits to all VA facilities nationwide. This expansion would not only increase VA capacity to provide relief for the veteran community; it would also free up resources at non-VA hospitals to focus on caring for civilians.

“In support of a nationwide testing strategy, VA can be a great asset in achieving the kind of testing scale-up necessary to safely open the economy successfully and stave off or address a second wave. As the largest integrated health care system in the country, overseeing more than 1,200 health care facilities across the United States, the Veterans Health Administration (VHA) is well-positioned to help our nation amplify our testing strategy,” they continued. 

In the letter, the Senators outline recommendations for producing a testing strategy, including making testing kits available at all VA facilities, including non-hospitals; testing both symptomatic and asymptomatic veterans; providing more detailed testing data on VA’s website; and developing a plan to provide a sufficient workforce to carry out the strategy, as well as equipping them with proper supplies and equipment, including personal protective equipment.

In addition to Sens. Warner and Bennet, the letter was signed by U.S. Sens. Chris Coons (D-CT), Tammy Baldwin (D-WI), Elizabeth Warren (D-MA), Debbie Stabenow (D-MI), Ed Markey (D-MA), Gary Peters (D-MI), Angus King (I-ME), Tina Smith (D-MN), Jeanne Shaheen (D-NH), Patty Murray (D-WA), Chris Van Hollen (D-MD), Jack Reed (D-RI), Kamala Harris (D-CA), Amy Klobuchar (D-MN), Thom Carper (D-DE), and Jeff Merkley (D-OR).

In March, Sen. Warner joined his colleagues in introducing the Free COVID-19 Testing Act, legislation that would expand free tests to confirm coronavirus (COVID-19) infections. He has also pressed the Administration to outline how they plan to use Defense Production Act powers to increase production of testing supplies and equipment needed for the pandemic response. 

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

Dear Secretary Wilkie:  

We write to ask the Department of Veterans Affairs (VA), which has the nation’s largest health care system, to play a proactive role in supporting an expansive nationwide testing program for the Coronavirus Disease 2019 (COVID-19). VA should establish a national plan across VA to facilitate testing for the veteran community and VA health care providers, as one element of the national strategic testing plan required by the Paycheck Protection Program and Health Care Enhancement Act. As part of a larger national strategy, a VA effort focused on expansive testing is critical to achieving widespread testing across the nation.  

State, local, tribal, and national leaders, as well as public health experts continue to reiterate that substantially more testing is needed for a safe, successful reopening of the economy. According to a report that the Edmond J. Safra Center for Ethics at Harvard University recently published, in order for the economy to begin to reopen safely we must dramatically increase testing and accompanying surveillance and tracing efforts. The authors of this report - which include 45 economists, social scientists, lawyers, and ethicists - suggest that we need to conduct up to 20 million tests every day across the nation by late July and fund at least 100,000 additional contact tracing workers to be prepared for stay-at-home orders to be lifted. Infectious disease epidemiologists have argued that the test-positivity rate is a critical factor in determining whether the testing level is sufficient, with the positivity rate tracking more closely to disease prevalence due to broader testing. According to the COVID Tracking Project, the United States currently has a test-positivity rate of close to 20%. Globally, epidemiologists suggest the rate should be lower than 10%. For example, New Zealand, South Korea, and Germany have test-positivity rates of roughly 2%, 3%, and 6%, respectively. The United States should aim for a comparable rate. We have stated repeatedly that expansive nationwide testing is needed immediately. 

In support of a nationwide testing strategy, VA can be a great asset in achieving the kind of testing scale-up necessary to safely open the economy successfully and stave off or address a second wave. As the largest integrated health care system in the country, overseeing more than 1,200 health care facilities across the United States, the Veterans Health Administration (VHA) is well-positioned to help our nation amplify our testing strategy. The VHA should ensure all veterans who need a test can obtain one, both those who are symptomatic and those who are asymptomatic but believe they have been exposed to COVID-19. A proactive national VA plan would include a description of the Agency’s need for a centralized and prioritized process, dependent on expanded use of the Defense Production Act (DPA) by the federal government, for ordering supplies and testing kits and distribution of the testing kits beyond regional hospitals. This expansion would not only provide relief for the veteran community, but would also allow for non-VA hospitals to focus on caring for civilians and providing relief. 

According to the Department’s website, as of Tuesday, May 5, VA has seen 9,691 cumulative cases of COVID-19 and experienced 582 inpatient deaths and 23 staff deaths. VA has conducted approximately 107,000 tests. This consolidated national statistic does not allow for a localized understanding of the test-positivity rate. Given that VA is only offering tests for veterans at larger facilities, the rate likely disproportionately represents more densely populated areas.

In order to contribute to support testing at the federal level, and consequently the state and local level, we recommend VA produce a testing strategy that includes the following: 

·        All VA facilities, not only large hospitals, should have access to testing kits. VA Community-based Outpatient Clinics (CBOC) do not have testing capabilities currently. In many rural areas, CBOCs serve as primary care facilities for many veterans, and providing testing at these clinics will also alleviate strain on often smaller, rural hospitals. VA should also include Vet Centers and State Veterans Homes in this initiative, as appropriate.

·        Allow symptomatic and asymptomatic veterans who need testing to gain access to molecular, antigen, and/or serological tests. VA’s Central Office continues to maintain a testing policy that instructs only veterans who are experiencing COVID-19 symptoms to seek testing, which no longer aligns with CDC guidelines. Emerging research suggests that asymptomatic individuals may be able to transmit the virus, necessitating proactive testing. 

·        Provide de-identified and disaggregated testing data on the VA’s website. VA currently lists the total national tests conducted and total number positive test returns, and breaks down the positive cases and deaths by state and facility. It does not provide the number of tests per facility so it is not possible to calculate the test-positivity rates by week, regional, state, or facility. It should do so. This will allow public health officials to use this information to better understand the state of the pandemic in those areas. VA should also publish testing data by week and disaggregated by race, ethnicity, age, sex, disability status, and other factors. 

·        Plan to ensure a sufficient and appropriate workforce to administer tests and support isolation and quarantine for veterans and service providers, including adequate supplies of personal protective equipment for health care workers. 

A VA plan must work in conjunction with a national testing strategy and rapid and widespread increase in availability of testing in the private sector. VA’s existing national health care infrastructure has the ability to alleviate some of the testing burden faced by non-VA medical facilities while also ensuring VA leads in achieving widespread testing.

We recommend VA consider the measures detailed above and in so doing set the stage for the rest of the nation to do the same. 

Sincerely,

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WASHINGTON, D.C. – U.S. Senator Bob Menendez (D-N.J.) led a group of 15 colleagues in sending a letter to Vice President Mike Pence urging the Administration to ensure persons with Limited English Proficiency (LEP) and Persons with Disabilities can access the necessary information to receive the COVID-19 benefits that Congress has passed with fully accessible, and multilingual information and benefits available for them. Today, Sen. Menedez joined advocates and community members to discuss the COVID-19 public health crisis and its impact to New Jerseyans with disabilities in a conference call.

“Recent news stories highlight the life-threatening consequences to persons of color and persons with disabilities because of lacking access to culturally competent, language specific and/ or disability-sensitive materials to protect themselves from the dangers of COVID-19. We believe the Taskforce has a critical responsibility to fix this,” the senators wrote to Vice President Pence. “Understanding the barriers to information created by language and access impediments is critical to the success of the Taskforce and our nation’s ability to most effectively fight COVID-19.”

More than 60 million people in the U.S. speak a language other than English of which more than 40% have limited English proficiency. Additionally, approximately 38 million individuals in the U.S. are deaf or hard of hearing, 7.5 million have vision loss, and 15 million live with an intellectual disability and require multiple formats of the same information.

The senators urged the White House Coronavirus Taskforce to encourage every federal agency to create culturally sensitive informational materials that are accessible in various formats and multiple languages, including for those with low or no literacy.

“Making federal programs accessible for persons with LEP and for persons with disabilities is a core civil rights requirement under Title VI of the Civil Rights Act of 1964,” the senators continued. “During a public health emergency current law requires the ‘distribution of supplies, the processing of applications, and other relief and assistance activities [to] be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status’  by the federal government.”

“To ensure accuracy, information must be short, culturally appropriate, flexible to serve different platforms (oral, captions, visual, picture infographics, transcriptions with video descriptions, and plain language for those with low literacy), and most importantly created with qualified deaf and hearing interpreters, stakeholders from disability led organizations, and skilled media analysts that can create inclusive content,”the senators concluded before asking a series of questions to understand what actions the Taskforce is taking to ensure fully accessible, and multilingual resources about available COVID-19 benefits and relief.

Joining Sen. Menendez in sending this letter were Senators Cory Booker (D-N.J.), Edward Markey (D-Mass.), Mazie Hirono (D-Hawaii), Catherine Cortez Masto (D-Nev.), Richard Blumenthal (D-Conn.), Kamala Harris (D-Calif.), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio), Amy Klobuchar (D-Minn.), Jack Reed (D-R.I.), Dianne Feinstein (D-Calif.), Bob Casey, Jr. (D-Penn.), Mark Warner (D-Va.), Sheldon Whitehouse (D-R.I.), and Jeff Merkley (D-Ore.).

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

Dear Vice President Pence, 

We write to inquire what the taskforce is doing to ensure persons with limited English proficiency (LEP) and persons with disabilities can access accurate information and updates on COVID-19 including information on benefits and programs included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Family First Response Act.  In order to ensure their health and livelihoods are not further compromised due to language barriers, we strongly urge the White House Coronavirus Taskforce to encourage every federal agency to create culturally sensitive informational materials that are accessible in various formats and multiple languages, including for those with low or no literacy. 

Recent news stories highlight the life-threatening consequences to people of color  and people with disabilities  of lacking access to culturally competent, language specific and/ or disability-sensitive materials to protect themselves from the dangers of COVID-19.  We believe the Taskforce has a critical responsibility to fix this. The role of the Taskforce is to “monitor, contain, and mitigate the spread of the virus, while ensuring that the American people have the most accurate and up-to-date health and travel information” . Understanding the barriers to information created by language and access impediments is critical to the success of the Taskforce and our nation’s ability to most effectively fight COVID-19.  

More than 60 million people in the United States speak a language other than English of which more than 40% have limited English proficiency.   Additionally, approximately 38 million individuals living in the United States are deaf or hard of hearing,  7.5 million have vision loss, and 15 million live with an intellectual disability and require multiple formats of the same information. The need for expanded language assistance increases as Congress continues to pass legislation in response to COVID-19.  The Taskforce must address language access issues to ensure these marginalized communities access the benefits to which they are entitled.  Our national response cannot be successful if whole sections of our society are unable to access timely and accurate information about the virus, health information, and services that may benefit them during the pandemic.

Making federal programs accessible for persons with LEP and for persons with disabilities is a core civil rights requirement under Title VI of the Civil Rights Act of 1964.   During a public health emergency current law requires the “distribution of supplies, the processing of applications, and other relief and assistance activities [to] be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status”  by the federal government.  While many states and territories have disseminated multilingual and sign language interpreted information on COVID-19, there is a lack of federal guidance with the same accessibility.  Many of the increased benefits available to Americans during the COVID-19 crisis require individuals to read and fill out forms, and engage in online and verbal phone communications.  Interpretation and translation is not enough; the incorporation of multilingual staff, accessibility media analysts, language inclusion evaluations, and additional funding for language services is necessary.  To meet these needs, the Taskforce must also work with and include representatives from LEP communities, interpreting agencies, and organizations led by persons with disabilities in the development of any policies and procedures affecting these communities. It is also important to remember, communication access for persons with disabilities does not have a singular solution.  To ensure accuracy, information must be short, culturally appropriate, flexible to serve different platforms (oral, captions, visual, picture infographics, transcriptions with video descriptions, and plain language for those with low literacy), and most importantly created with qualified deaf and hearing interpreters, stakeholders from disability led organizations, and skilled media analysts that can create inclusive content. 

In order to understand what actions the Taskforce is taking, or planning to take to ensure fully accessible, and multilingual resources about available COVID-19 benefits and relief, please respond the following questions below no later than May 1, 2020:

1.       What steps has the Taskforce taken to ensure that persons with LEP and persons with disabilities receive the benefits and assistances to which they are entitled under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Family First Response Act?

2.       Have you consulted or do you plan to consult with advocates from LEP communities, interpreting agencies and organizations led by persons with disabilities on how to best create and disseminate resources on COVID-19 benefits?

3.       Given the Taskforce’s limited language resources during press briefings and the lack of centralized online educational materials, how will you ensure that the agencies and departments have sufficient resources to meet language access solutions related to COVID-19 aid?

4.       Has the Taskforce created agency guidance to collect demographic information of people receiving benefits in order to monitor and evaluate the effectiveness of the language solutions implemented, and ensure aid is reaching all communities? If so, what types of demographic information and which agencies have been involved in the data collection?  

We look forward to your response detailing how the Taskforce plans to make this crucial information available to these communities and your plan on immediate action required to fulfill this request. 

Sincerely, 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, spoke on the floor prior to a cloture vote on the nomination of William Evanina to serve as Director of the United States National Counterintelligence and Security Center.  In his remarks, Warner urged his colleagues to confirm Evanina, who has been serving in that position in an acting capacity for more than two years.

A copy of Warner’s remarks as prepared for delivery appears below:

Mr. President, I rise today in strong support of William Evanina to be the first Senate confirmed Director of the National Counterintelligence and Security Center, or NCSC.

Bill is an American patriot and American success story.  Raised in Peckville, Pennsylvania, with very modest means, he was the first in his family to go to college.  Prior to joining the FBI in 1996, his first job was with the General Services Administration in Philadelphia. 

Over his 24-year long career with the FBI, Bill investigated organized crime and violent crimes. He investigated the 9/11 terrorist attacks, the anthrax attacks in Washington, and the Daniel Pearl kidnapping.  Bill also led the counter-espionage group at the Central Intelligence Agency. 

He earned a reputation as the consummate counterintelligence and security professional, fiercely dedicated to the mission, with unquestionable honor.

Then, in June 2014, then-Director of National Intelligence Jim Clapper appointed Bill to serve as the director of NCSC.  Many technical and complex activities fall under NCSC, including personnel security policy; information technology protection standards; CI cyber operations; supply chain risk management; threat awareness for U.S. critical infrastructure; and damage assessments from spies and unauthorized disclosures.  And I have partnered with Bill on many topics, to include educating industry about the threats posed by China and reforming an antiquated personnel vetting system.

The Intelligence Authorization Act for Fiscal Year 2016 recognized the vital work that NCSC does and made the position subject to Presidential nomination and Senate confirmation. 

In February 2018, President Trump nominated Bill to be the first Senate-confirmed Director.  The Senate Intelligence Committee considered the nomination in May 2018 and unanimously recommended his confirmation to the full Senate.  We considered his nomination again in February 2019 in the new Congress.  Again, our committee voted unanimously in favor of his nomination.

Unfortunately, over the last two years, despite universal recognition of Bill’s qualifications for the position, his nomination became entangled in unrelated matters.  Despite the delay, Bill stayed the course, committed to the mission above all else. 

All of those unrelated matters may not be addressed to every Senator’s full satisfaction, but at least today we are here to give this nominee what he and the Country deserve: a vote.

Now I share my colleagues’ concerns about protections for whistleblowers. I have seen this White House’s disregard for whistleblower protections. I believe I have Bill Evanina’s commitment that procedures for processing whistleblower complaints will be dealt with appropriately.

I also feel strongly that at this moment when there is not a single Senate-confirmed appointee in the Office of Director of National Intelligence, now more than ever we need a Senate-confirmed career intelligence professional in place—standing guard over an office that too often seems to be directed by political appointees who disregard protections for whistleblowers and our intelligence community.  

I look forward to Mr. Evanina’s confirmation today so that he can continue addressing the many important counterintelligence and security challenges facing our nation.

Mr. President, I yield the floor.

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WASHINGTON, DC – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senator Reed to introduce legislation to create a $75 billion Housing Assistance Fund to help protect renters, homeowners, and communities by preventing avoidable foreclosures, evictions, and utility shut offs. With the potential for a massive wave of evictions and foreclosures due to COVID-19, along with a possible second wave of novel coronavirus (COVID-19), the Senators are calling on Congress to act now and give Americans a lifeline to keep families in their homes, stabilize communities, and prevent multiple crises from intersecting and overwhelming the U.S. economy. The legislation would provide assistance to communities nationwide and includes a small state minimum, ensuring each state would receive no less than $250 million.

 “Too many families in Virginia risk being evicted or having their homes foreclosed on – a threat that could make it all the more difficult to recover financially, even once this pandemic is over,” said Warner. “That’s why we must make it a priority to ensure that Virginia’s renters and homeowners have continued access to safe housing during the biggest economic crisis in a century.”

“Many Americans are in danger of losing their homes due to the financial impacts of the coronavirus pandemic,” Kaine said. “Congress has to step up and prevent that from happening. I’m proud to join my colleagues to introduce this legislation to provide federal aid to help hardworking Americans during this time of crisis.”

The Housing Assistance Fund would build off of the Hardest Hit Fund (HHF), which provided funds to state housing finance agencies to direct targeted foreclosure prevention assistance to households and neighborhoods in states hit hard by the economic and housing market downturn. The Housing Assistance Fund expands this model to provide a flexible source of federal aid to all state-level Housing Finance Agencies (HFAs) to help people keep up with housing payments and help keep them in their homes. 

Through channels developed for HHF, HFAs could quickly and effectively use federal funding to help struggling households remain in their homes while they search for new employment or wait to get back to work.  Financial assistance could go toward mortgage payment and rental assistance; utility and internet payments; and other support to prevent eviction, mortgage delinquency, default, or foreclosure, or loss of utility services.

 Along with Warner, Kaine, and Reed, the bill is cosponsored by every Democratic member of the Senate Banking Committee, including Senators Sherrod Brown (D-OH), Jon Tester (D-MT), Brian Schatz (D-HI), Doug Jones (D-AL), Tina Smith (D-MN), Elizabeth Warren (D-MA), Kyrsten Sinema (D-AZ), Bob Menendez (D-NJ), Chris Van Hollen (D-MD), and Catherine Cortez Masto (D-NV), as well as Senators Tom Udall (D-NM), Cory Booker (D-NJ), Dianne Feinstein (D-CA), and Dick Durbin (D-IL).

The bill is supported by a diverse coalition of housing advocates, including: National Council of State Housing Agencies; Habitat for Humanity; National Housing Conference; National Community Reinvestment Coalition; National Association of Affordable Housing Lenders; National Leased Housing Association; Americans for Financial Reform; National Consumer Law Center, on behalf of its low-income clients; Center for Responsible Lending; Rhode Island Housing; and the Rhode Island Association of Realtors.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sens. Mazie K. Hirono (D-HI), Cory Booker (D-NJ), and 13 Senate colleagues in urging the U.S. Department of Justice (DOJ) to address the surge in discrimination and hate crimes against Asian American and Pacific Islander (AAPI) individuals in the wake of the novel coronavirus (COVID-19) crisis. In a letter to Assistant Attorney General Eric S. Dreiband, the Senators requested that the Civil Rights Division of the DOJ address this spike in discrimination by taking a concrete steps similar to those DOJ has taken in the past to address jumps in discrimination and hate crimes against a particular community. 

“We write to express our deep concern about the surge in discrimination and hate crimes against Asian Americans and Pacific Islanders (AAPIs) related to the COVID-19 pandemic and the currently inadequate federal response to address these racist and xenophobic attacks, a sharp break from the efforts of past administrations, Republican and Democratic alike,” the Senators wrote.

“There are more than 20 million Americans of Asian descent, and 2 million AAPI individuals are working on the front lines of the COVID-19 pandemic, as health care workers, law enforcement agents, first responders, and other essential service providers,” they continued. “It is critical that the Civil Rights Division ensure that the civil and constitutional rights of all Americans are protected during this pandemic.”

In the last month alone, Asian American organizations received nearly 1,500 incidents of anti-Asian harassment and discrimination against AAPI individuals across the country. This comes after the FBI assessed in March that hate crime incidents against Asian Americans were likely to surge across the country, endangering AAPI communities.

In their letter, the Senators expressed disappointment at the DOJ’s inadequate response to this threat, and called for the DOJ Civil Rights Division to release a plan to address COVID-19-related hate crimes and discrimination, designate an official to coordinate an interagency response and a review of these incidents, and provide monthly updates to Congress. In addition, they asked the Division to conduct public outreach and engage with AAPI community leaders and distribute materials about civil rights protections in languages used by AAPI communities.

In addition to Sens. Warner, Hirono and Booker, the letter was also signed by Sens. Richard Blumenthal (D-CT), Kamala Harris (D-CA), Sheldon Whitehouse (D-RI), Ed Markey (D-MA), Kirsten Gillibrand (D-NY), Elizabeth Warren (D-MA), Chris Murphy (D-CT), Tammy Duckworth (D-IL), Jacky Rosen (D-NV), Amy Klobuchar (D-MN), Jack Reed (D-RI), Dianne Feinstein (D-CA), and Dick Durbin (D-IL).

Sen. Warner has been outspoken about the need to prevent discrimination and harassment towards Asian Americans during the COVID-19 pandemic. Last month, he wrote to the President, urging him to avoid using rhetoric that fuels racism towards Asian Americans, and to prevent confusion about COVID-19 from being exploited to target communities of color. He has also previously pressed the coronavirus taskforce only to distribute accurate information about the virus and dispel misinformation or discriminatory rhetoric to help prevent suspicion, panic and race-based assaults. Additionally, he has requested that the Vice President correct the record on mixed Trump administration messages related to COVID-19, and that the FBI conduct community outreach and engage leaders of Chinese American and Asian American organizations to increase connectivity and dialogue.

The letter is available here and below:

Dear Assistant Attorney General Dreiband:

We write to express our deep concern about the surge in discrimination and hate crimes against Asian Americans and Pacific Islanders (AAPIs) related to the COVID-19 pandemic and the currently inadequate federal response to address these racist and xenophobic attacks, a sharp break from the efforts of past administrations, Republican and Democratic alike. We strongly urge you to take concrete steps to address the disturbing increase in anti-Asian discrimination, as the Civil Rights Division of the Department of Justice (DOJ) has done in the past.

Since the COVID-19 outbreak began, researchers have reported an alarming spike in anti-Asian racism. On March 14, 2020, a man stabbed two Asian American children – a 2-year-old and a 6- year-old – and their father at a Sam’s Club in Texas because “he thought the family was Chinese, and infecting people with the coronavirus.” In the past month alone, the Asian Pacific Policy and Planning Council and its partners have received nearly 1,500 reports of coronavirus-related harassment and discrimination against AAPI individuals across the country.

Despite warnings that using offensive and stigmatizing language to refer to COVID-19 could stoke anti-Asian bias, President Trump and his administration’s officials have referred to the coronavirus as the “Chinese Virus,” “Wuhan Virus,” and at least one White House official even called it the “Kung Flu.” Such harmful rhetoric contradicts guidance by public health experts. The World Health Organization’s guidance in naming infectious diseases warns against using names that stigmatize certain communities, as such use has “provoke[d] a backlash” against these communities in the past and “can have serious consequences for peoples’ lives and livelihoods.” The Centers for Disease Control and Prevention also recognizes the “stigma and discrimination [that] can occur when people associate a disease, such as COVID-19, with a population or nationality.” 

In March 2020, the FBI assessed that “hate crime incidents against Asian Americans likely will surge across the United States, due to the spread of coronavirus disease … endangering Asian American communities.” Even though this warning was issued more than a month ago, the Department of Justice has taken little action. In response the Center for Public Integrity’s inquiries about DOJ’s actions to address the increase in anti-Asian discrimination and hate crimes, DOJ pointed to an op-ed you published in the Washington Examiner and a briefing call with Asian American advocacy groups. An op-ed and a briefing call are far from an adequate response from the Justice Department’s Civil Rights Division, whose stated purpose is to “uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society.”

By contrast, after the 9/11 terrorist attacks set off a wave of hate incidents against Arab, Muslim, Sikh and South Asian Americans, the Civil Rights Division implemented a plan with three major elements. This included “(1) a clear and plain statement to the American people that Arab, Muslim, Sikh, and South Asian Americans are Americans too, and that hate crimes and discrimination against them would not be tolerated; (2) outreach to the affected communities; and (3) coordination of civil rights enforcement across agencies at all levels of government.” DOJ established a crime task force with experienced federal prosecutors from the Civil Rights Division and various U.S. Attorney’s Offices. The Civil Rights Division also created a team within its National Origin Working Group to document reports of discrimination and make appropriate referrals within the Division and to other federal agencies, and to conduct outreach to affected communities with material translated into multiple languages. In 2011, the Division further acknowledged that significant challenges remained in addressing these issues, noting the concerns affected communities raised regarding other federal programs implemented in the aftermath of 9/11.

There are more than 20 million Americans of Asian descent, and 2 million AAPI individuals are working on the front lines of the COVID-19 pandemic, as health care workers, law enforcement agents, first responders, and other essential service providers. It is critical that the Civil Rights Division ensure that the civil and constitutional rights of all Americans are protected during this pandemic. To address the spike in anti-Asian discrimination and hate crimes, we ask that the Civil Rights Division immediately: 

• Develop and publicly release a plan that sets forth how the Civil Rights Division will address the increase in discrimination and hate crimes against AAPI individuals;
• Designate a DOJ official responsible for coordinating (a) a review of discrimination and hate crimes related to COVID-19 and (b) an interagency response to this issue;
• Provide monthly reports to Congress on the (a) number of incidents of discrimination and hate crimes related to COVID-19 received—disaggregated by race, ethnicity, and gender, and (b) status of related cases that are pending;
• Conduct extensive outreach in partnership with community-based organizations and regularly meet with AAPI community leaders; and
• Distribute materials explaining civil rights protections in diverse languages used by AAPI communities. 

We also request that the Civil Rights Division respond by May 15, 2020, to inform Congress what steps has the Division has taken in response to the jump in anti-Asian discrimination and hate crimes since the COVID-19 outbreak began. Please identify the actions each of the sections in the Civil Rights Division have taken to address specific types of discrimination, such as workplace discrimination and harassment in the education context.

Thank you in advance for your prompt attention to this matter.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced that Lee and Wise Countieswill receive $259,000 and $22,500 in federal funds, respectively, from the U.S. Department of Agriculture (USDA) for water improvement projects.

“We are pleased to announce these federal dollars to improve water infrastructure in these communities,” said the Senators. “These projects aim to improve water quality for Virginia families.” 

The Wise County Public Service Authority in Wise, Va. will receive $22,500 from the USDA’s Water and Waste Disposal Predevelopment Planning Grant program to prepare and evaluate a solids-handling system and an upgrade of the raw water pumps at the Carfax Water Treatment Plant. The report will also study the replacement of the oldest section of water line along Coeburn Mountain at Pole Bridge Road and the hydraulics of the Bond Gap tank system to ensure the two tanks are operating as designed.

The USDA’s Water and Waste Disposal Predevelopment Planning Grant program assists low-income communities with initial planning and development of applications for the USDA’s Rural Development Water and Waste Disposal direct loan/grant and loan guarantee programs.

The Woodway Water and Sewer Authority in Pennington Gap, Va. will receive $259,000 from the USDA’s Water and Waste Disposal Loan and Grant program to make improvements to the Authority's water system, which includes replacing approximately 103,000 linear feet of 3/4-inch to 8-inch water line, installing 96 gate valves and 64 fire hydrants, and associated equipment. The existing Woodway water storage tank will be abandoned, and the water system will be reconfigured so that the Twin Prison tanks will supply the Woodway community. In addition, the project will correct the high risk of cross-contamination with groundwater in the surrounding area and meet the Virginia Department of Health's Ten-State Regulations – which are used as a standard for the minimum number of valves that should be provided on water mains to minimize inconvenience and sanitary hazards during repairs. 

The USDA’s Water and Waste Disposal Loan and Grant program provides funding for clean and reliable drinking water systems, sanitary sewage disposal, sanitary solid waste disposal, and storm water drainage to households and businesses in eligible rural areas.

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WASHINGTON – Today U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded $10,832,775 in federal funding through the U.S. Department of Justice (DOJ) to assist the Virginia Department of Criminal Justice Services in preventing, preparing for and responding to the novel coronavirus (COVID-19) crisis. The federal funding was made possible through the FY2020 Coronavirus Emergency Supplemental Funding (CESF) program, which provides $850 million to assist states, local units of government and tribes during this outbreak. The CESF funding was authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act supported by Sens. Warner and Kaine.

“Every day, our law enforcement professionals put their lives on the line to keep our communities safe,” said the Senators. “In the face of this dangerous outbreak, it’s more important than ever that these officials have the supplies they need to do their jobs as safely as possible. That’s why we’re glad to know that these federal dollars will help the Commonwealth pay for the resources it needs as we fight this outbreak.”

Earlier this week, the DOJ also awarded $259,453 in CESF funding to three localities in the Commonwealth as follows: 

• $112,531 for the City of Lynchburg
• $98,689 for the City of Petersburg
• $48,233 for Henry County

CESF funding may be used to help purchase equipment – including law enforcement and medical personal protective equipment – or supplies, such as gloves, masks, and sanitizer. It can also be used to pay for overtime, hiring, training, or travel expenses – particularly those related to the distribution of resources to the most impacted areas. The funding can also be used to address the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.

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