Press Releases
WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senators Tina Smith (D-MN), Sherrod Brown (D-OH), Chris Van Hollen (D-MD), and Ben Cardin (D-MD) in introducing legislation to secure back pay for the federal contractor service employees who continue to go without pay during the government shutdown. The bill—the Fair Compensation for Low-Wage Contractor Employees Act—aims to help low-wage federal contractor employees—including janitorial, food, and security services workers—who have been furloughed or forced to accept reduced work hours as a result of the government shutdown.
“Thousands of people across the Commonwealth are out of a job right now because of President Trump’s unnecessary, destructive shutdown. Right now many low- and middle-wage federal contractors – whose paychecks often depend on the number of hours they work – are worrying about how they’ll afford to keep the lights on or pay their rent. Congress has already passed legislation to secure back pay for federal workers. Federal contractors – especially those who are already working paycheck to paycheck – deserve some peace of mind too. This important bill will ensure that federal service contractors, who work side-by-side with federal employees, get the pay they missed out on because of President Trump’s reckless shutdown,” Warner said.
“Just like federal employees, federal contractors work hard to keep our government running. So many of these workers live paycheck-to-paycheck and this painful shutdown has meant that many of them can't afford to pay their bills. This legislation is an effort to ensure that these contractors who have been denied pay during a shutdown they had no role in causing receive the pay they deserve,” Kaine said.
The Fair Compensation for Low-Wage Contractor Employees Act would provide financial relief for eligible federal service contractors missing pay during the shutdown by:
- Completely replacing missed wages for workers making less than $50,200 per year (twice the poverty level for a family of four.)
- Compensating workers earning more than $50,200 per year up to the $50,200 threshold ($965 per week.)
- Restoring paid leave for workers who were required by the contractor to use it.
The bill appropriates funding for federal agencies to adjust the price accordingly of any contracts impacted by the shutdown. By building on existing contract review and approval processes, the bill provides financial relief for lower-wage workers without creating new administrative or financial burdens for contractors. Eligible employees include those covered under the Service Contract Act (which governs federal service contracts) and the Davis-Bacon Act (which governs federally-funded construction projects). Although the Service Contract Act does not apply to “executive, administrative, or professional” employees, they would be eligible for back pay under the bill.
The bill is also supported by Senators Edward J. Markey (D-MA), Amy Klobuchar (D-MN), Elizabeth Warren (D-MA), Maggie Hassan (D-NH), Doug Jones (D-AL), Kamala Harris (D-CA), Tom Udall (D-NM), Tammy Duckworth (D-IL), Angus King (I-ME), and Martin Heinrich (D-NM).
Read a summary of the bill HERE.
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WASHINGTON – Today, U.S. Senator Chris Van Hollen (D-Md.) led a letter with U.S. Senators Ben Cardin (D-Md.), Tim Kaine (D-Va.), and Mark Warner (D-Va.) to President Trump urging him to meet with federal workers suffering from the impacts of the shutdown.
The Senators write, “We are writing to ask that you meet with some of the federal civil servants who are either working without pay or locked out of their job as a result of the government shutdown. We believe that you would benefit from listening to their stories.”
They continue, “When asked about the situation facing federal workers, you said, ‘I can relate. I'm sure the people that are on the receiving end will make adjustments. They always do.’ Some federal workers – like millions of Americans – live paycheck-to-paycheck. According to the Federal Reserve, 40% of Americans cannot pull together $400 for an emergency, without going into debt or selling something. Speaking with some of the workers who cannot afford to miss a paycheck may help you better relate to the adjustments you expect them to make for your shutdown.”
The Senators closed the letter stating, “You already met a few carefully handpicked federal workers who support your position of shutting down the government to demand taxpayer dollars for a border wall. But the vast majority of federal workers oppose your shutdown, and we hope you will listen to them as well. Most of all, we hope that you will swiftly end this unnecessary and damaging shutdown.”
The full text of the letter is available here and below.
Dear President Trump:
We are writing to ask that you meet with some of the federal civil servants who are either working without pay or locked out of their job as a result of the government shutdown. We believe that you would benefit from listening to their stories.
You have said that you are, “proud to shut down the government.” Earlier, you tweeted about the need for a “good shutdown.” We have spoken to federal workers who will not be able to afford to keep their home, purchase their medication, or put money in their child’s school lunch account if this shutdown continues. These civil servants are proud of their jobs, and this government shutdown is preventing them from doing important work for the American people. If you heard directly from them, it would be clear that there is no such thing as a good government shutdown.
When asked about the situation facing federal workers, you said, “I can relate. I'm sure the people that are on the receiving end will make adjustments. They always do.” Some federal workers – like millions of Americans – live paycheck-to-paycheck. According to the Federal Reserve, 40% of Americans cannot pull together $400 for an emergency, without going into debt or selling something. Speaking with some of the workers who cannot afford to miss a paycheck may help you better relate to the adjustments you expect them to make for your shutdown.
You already met a few carefully handpicked federal workers who support your position of shutting down the government to demand taxpayer dollars for a border wall. But the vast majority of federal workers oppose your shutdown, and we hope you will listen to them as well. Most of all, we hope that you will swiftly end this unnecessary and damaging shutdown.
Sincerely,
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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine joined 32 colleagues in writing to Food and Drug Administration (FDA) Commissioner Scott Gottlieb asking how the government shutdown has impacted the FDA and its work to protect public health. Warner and Kaine wrote out of concern about how the shutdown’s effects on the FDA could harm Virginians.
“The shutdown has severely limited federal oversight of the nation’s food supply and medical products and may result in slower approvals for drugs and devices. While we appreciate the efforts of the agency and the tireless work of your staff to help mitigate the impact of the shutdown on the public health, we remain deeply concerned about the halt of vital regulatory and compliance activities at FDA. FDA plays a crucial role in ensuring the health and safety of families across the country, and it’s important we fully understand how the ongoing shutdown has impacted its ability to fulfill that role,” the Senators wrote.
The Senators expressed concern that the shutdown may jeopardize the agency’s ability to detect and address preventable food safety issues and create a backlog in the approval process for innovative prescription drugs, generic drugs, and medical devices.
Senators Warner and Kaine have been outspoken against President Trump’s use of a government shutdown as a negotiating tactic. Warner and Kaine have called on Senate Majority Leader Mitch McConnell to hold a vote on a House-passed spending bill that would reopen the government and allow hundreds of thousands of federal employees and contractors to go back to work and get paid.
The full text of the letter is available here and below.
January 11, 2019
The Honorable Scott Gottlieb, M.D.
Commissioner
U.S. Food and Drug Administration
10903 New Hampshire Avenue
Silver Spring, Maryland 20993
Dear Commissioner Gottlieb:
We are writing to request information regarding the effect of the partial federal government shutdown on the operations of the Food and Drug Administration (FDA). This shutdown will be, as of midnight, the longest in U.S. history and is hampering your agency’s critical role in protecting the public health. The shutdown has severely limited federal oversight of the nation’s food supply and medical products and may result in slower approvals for drugs and devices. While we appreciate the efforts of the agency and the tireless work of your staff to help mitigate the impact of the shutdown on the public health, we remain deeply concerned about the halt of vital regulatory and compliance activities at FDA. FDA plays a crucial role in ensuring the health and safety of families across the country, and it’s important we fully understand how the ongoing shutdown has impacted its ability to fulfill that role.
While FDA has helped ensure that our nation has one of the safest food supplies in the world, foodborne disease results in 48 million illnesses, 128,000 hospitalizations, and 3,000 deaths the United States each year.[1] The FDA Food Safety Modernization Act (FSMA), enacted in January 2011, provided FDA with new enforcement authorities to work towards reducing those numbers and preventing future food safety problems.[2] In 2018 alone, there were two major, multistate outbreaks of E. coli O157:H7; the first resulted in 210 illnesses, 96 hospitalizations, and five deaths across 36 states, and the second resulted in 62 illnesses and 25 hospitalizations across 16 states and the District of Columbia.[3]
However, during the shutdown, FDA’s inspectorate is unable to conduct any activities deemed non-critical, resulting in diminished oversight of many foreign and domestic food facilities. As the shutdown enters its fourth week, we are concerned that the agency will soon be unable to determine which food facilities pose an “imminent threat to health and life.”[4] Though FDA is able to use appropriated funds to support high-risk food recalls when products endanger consumers and patients, and respond to any outbreaks related to foodborne illness during the shutdown, we are concerned about the agency’s ability to detect and address otherwise preventable food safety issues before they occur. FDA field staff have voiced fears about immediate threats to health and safety as a result of the shutdown, including a consumer safety officer in FDA’s Stoneham, Massachusetts, office: "When you go out to a restaurant or a grocery store, the American public trusts it. There is a higher risk of injury or death in a potentially very, very serious way."[5]
We are also concerned about the effects of the shutdown on the agency’s medical product review process. During the shutdown, FDA is legally prohibited from accepting new submissions that require industry user fee payments,[6] which support the review and approval of applications for innovative new prescription drugs, generic drugs, and medical devices.[7] As a result, the agency will likely receive a large influx of applications from drug and device makers following the conclusion of the shutdown, requiring the agency to triage review activities and probably causing a backlog in the approval process.
Although FDA is currently able to support ongoing medical product review processes with carryover user fee funding from Fiscal Year (FY) 2018,[8] the agency estimates the FY 2018 balances for these programs will run out if the shutdown continues. The first user fee program anticipated to burn through carryover funding is the Prescription Drug User Fee Act (PDUFA) program, which funds the review of new drugs. As of January 7, PDUFA has about one month of funding remaining in the FY 2018 balance, while the remaining user fee programs were estimated to have between one and two months of funding left.[9] Should the remaining FY 2018 balance for these programs expire, the vast majority of FDA’s ongoing product review functions will cease to continue, and user fee-funded employees (just under half of the agency) would no longer be paid.
Given that, due to the shutdown, FDA is currently unable to perform essential regulatory and compliance activities, we want to ensure the agency is doing everything it can to fulfill its critical public health mission at this time. In order to better understand the impact of the shutdown on public health and FDA staff, and in light of the fact that President Trump has indicated he is willing to continue the government shutdown for months or years, we request answers to the following questions by January 18th:
1. How has the agency scaled back food and medical product lab analysis, surveillance, and inspection activities during the shutdown?
2. Which inspections of domestic food facilities does the agency plan to reinstate in the coming days, and what percentage of the currently ceased inspectional activities will be reinstated prior to the end of the shutdown?
3. Please provide a detailed overview of the increase in anticipated backlog of applications for new medical products at this time, and for each additional week of the shutdown, including, to the agency’s best estimates, when normal functionality can be expected to resume.
4. Please provide an update on remaining FY 2018 carryover funds, and their anticipated burn rate, for user-fee funded programs, including prescription drug, generic drug, tobacco product, animal drug, biosimilar, and medical device review activities.
5. Please provide an update on the status of the guidance you released to FDA’s field force investigators and any additional steps FDA plans to take to mitigate financial burdens incurred by the inspectorate as a result of the shutdown.
6. What are FDA’s plans to address financial hardship sustained by excepted and furloughed employees as a result of the shutdown? Is FDA aware of any employees that have left the agency as a result of the shutdown?
7. How will the freeze on unfunded employee recruitment activities and new employee onboarding affect your strategic hiring plan for the agency?
8. Please detail any delays in normal operations that you anticipate to occur once the shutdown is over. Will FDA be able to immediately resume all suspended activities upon receiving full funding for FY 2019?
We recognize FDA’s efforts to mitigate the impact of this government shutdown on the public health and its employees. However, we remain alarmed that the continued shutdown will result in increasingly harmful effects on the agency’s employees and the safety and security of the nation’s food and medical products.
Thank you for your immediate attention to this important issue. If you have any questions, please contact Katlin McKelvie Backfield of the United States Senate Committee on Health, Education, Labor, and Pensions at (202) 224-7675.
Sincerely,
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[1] https://www.cdc.gov/foodborneburden/estimates-overview.html
[2] https://www.fda.gov/newsevents/publichealthfocus/ucm239907.htm
[3] https://www.cdc.gov/ecoli/2018/o157h7-04-18/index.html; https://www.cdc.gov/ecoli/2018/o157h7-11-18/index.html
[4] https://twitter.com/SGottliebFDA/status/1076329985143640064
[5] https://www.cnn.com/2019/01/08/health/fda-employee-concerns-shutdown/index.html
[6] https://www.fda.gov/AboutFDA/WorkingatFDA/ucm629100.htm
[7] https://crsreports.congress.gov/product/pdf/R/R44576
[8] https://twitter.com/SGottliebFDA/status/1080632053220233216
[9] https://twitter.com/SGottliebFDA/status/1082441112005066755
WASHINGTON – Today Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Ben Cardin and Chris Van Hollen (both D-MD), wrote a letter to Paul J. Wiedefeld, General Manager and CEO of the Washington Metropolitan Area Transit Authority (WMATA), seeking information on the impact that the partial government shutdown has had on WMATA’s transit system, ridership, operational services, staffing, financial position, and infrastructure upgrades and maintenance.
WMATA “serves a unique national security role, providing transportation for federal employees traveling to and from the Pentagon and Department of Homeland Security and ensuring continuity of federal operations during an emergency,” wrote the Senators. “Thus, it is critical that WMATA systems and services continue to serve riders in the nation’s capital.”
In recent years, Metro’s investments to reverse declining ridership numbers have highlighted the extent to which transit systems depend on robust ridership to succeed. Federal employees currently make up about 40 percent of WMATA’s peak hour ridership. However, a government shutdown can adversely affect the transit system’s ridership and overall financial stance.
“During the October 2013 shutdown, the Metro system experienced a 22 percent decrease in ridership, or a decline of 1.7 million trips. According to a 2015 report, ridership during that shutdown dropped nearly 50% at stations near federal facilities. The shutdown not only affected ridership, but also put the WMATA long-term operations at risk,” continued the Senators.“The 16-day shutdown, according to the agency, resulted in a loss of $5.5 million in revenue and funding was delayed as the federal appropriation process was halted.”
To gauge the impact of the shutdown’s effects, the lawmakers requested data on changes in ridership and asked how a decline could affect the WMATA’s financial situation in the long-term and short-term. They also solicited information on any lapses in federal funding and possible contingency plans. Additionally, the lawmakers asked for the details of any halted infrastructure or capital improvement projects, as well as specifics on how the WMATA’s credit rating could be weakened if the shutdown continues. According to recent reports, large and mid-sized transit agencies across the country have already tapped into their lines of credit to make payment obligations to their vendors and Moody’s has warned that a prolonged shutdown could negatively impact the credit ratings of mass transit systems.
The four lawmakers reassured Wiedefeld that they are actively working to reopen the government. Earlier today, Sens. Warner and Kaine met in Alexandria with federal workers and families who have been hurt by the ongoing government shutdown.
The full text of the letter is available here and below.
January 11, 2019
Mr. Paul J. Wiedefeld
General Manager & CEO
Washington Metropolitan Area Transit Authority
600 5th Street NW
Washington, D.C. 20001
Dear Mr. Wiedefeld,
We write seeking information about the effects the current partial government shutdown has had – and the effects a prolonged shutdown could have – on the Washington Metropolitan Area Transit Authority’s (WMATA) transit system, ridership, operational services, staffing, and infrastructure upgrades and maintenance.
In recent years, WMATA has undertaken actions to prioritize safety, often through substantial rehabilitative projects that have caused significant disruption to the system. Metro’s recent investments to reverse declining ridership underscore the extent to which a functional and sustainable transit system depends upon robust ridership to succeed.
We have also seen that events outside the control of WMATA, such as a federal government shutdown, can adversely impact ridership and a transit system’s overall financial outlook. During the October 2013 shutdown, the Metro system experienced a 22 percent decrease in ridership, or a decline of 1.7 million trips. According to a 2015 report, ridership during that shutdown dropped nearly 50% at stations near federal facilities. The shutdown not only affected ridership, but also put the WMATA long-term operations at risk. The 16-day shutdown, according to the agency, resulted in a loss of $5.5 million in revenue and funding was delayed as the federal appropriation process was halted.
Federal employees comprise approximately 40 percent of WMATA’s peak hour ridership, and during the current shutdown, many government employees continue to carry out their duties and rely on WMATA to do so. WMATA also serves a unique national security role, providing transportation for federal employees traveling to and from the Pentagon and Department of Homeland Security and ensuring continuity of federal operations during an emergency. Thus, it is critical that WMATA systems and services continue to serve riders in the nation’s capital.
To understand how WMATA and its transit systems have been affected by the government shutdown and to prevent the negative impacts displayed during the 2013 shutdown, please provide us with the following information by January 15, 2019:
1. Data on changes in ridership, both rail and bus operations, during the government shutdown. Has there been a decline in ridership from the same period in prior years, or from the period immediately preceding the shutdown?
2. Assuming there has been a decline in ridership during the shutdown, can you provide information on how that decline will affect WMATA’s financial situation, both in the short-term and the long-term? For example, what is the current (or estimated) loss in revenue? What would be the estimated revenue losses if the shutdown lasts a full month, or if it lasts two months? What other financial, safety or operational impacts would result from a prolonged and substantial decline in ridership brought on by the government shutdown?
3. Given that WMATA receives federal funding to help run its transportation network, can you detail any lapses in funding that have occurred due to the U.S. Department of Transportation and Federal Transit Administration being shut down? Can you provide information on what funding may be at risk if the shutdown continues for a full month or even two? What contingency plans does WMATA have in place to address a lapse in expected funding?
4. Please confirm if any planned infrastructure and capital improvement projects have been stalled or halted during the shutdown. What are the expected effects of the delay in starting and finishing these projects?
5. It has recently been reported that Moody’s believes a prolonged shutdown could negatively impact the credit ratings of the nation’s public transit systems, noting that the shutdown has already “interrupted an important source of operating, capital and debt-service funding.” These interruptions, in turn, could lead to higher debt service costs and delays in numerous capital improvement projects. Can you provide information on how WMATA’s credit rating could be impacted if the government shutdown continues for a prolonged period of time? What effects would a credit downgrade have on WMATA’s overall financial position, capital construction plans and operational capacity?
Please trust that all four of us are doing everything we can to support the federal workforce, re-open the government, and get back to working towards improving the lives of all Americans. We ask for answers to the above questions as soon as possible so that we better understand the impacts of the shutdown on the vital transportation networks that serve our constituents, and so we can continue to highlight all of the numerous reasons that the federal government should be re-opened.
Sincerely,
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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined 32 colleagues in writing to the Trump Administration urging them to direct federal agencies to work with contractors to pay low- and middle-income employees for the wages they have lost during the shutdown. The Senators point out that federal contracting officers typically have existing authority that allows them to modify the terms of contracts, and they are encouraging them to do so.
The Senators write, “Contract workers and their families should not suffer the consequences of a shutdown that they did not cause. Low-wage service contract workers perform jobs that are absolutely vital to the government, such as food service, security, and custodial work. Many of these workers live paycheck-to-paycheck, and cannot afford to pay their rent and other bills if the shutdown continues.”
They continue, “After past shutdowns, contractor employees have generally not received back pay. In addition to our fight to protect federal workers who are being hurt by this shutdown, we are committed to righting this wrong for contractor employees.”
The Senators close the letter, writing, “We urge you to take immediate steps to ensure that contractor employees get the back pay that they deserve by providing clear directions for agencies and contractors to do so.”
In addition to Warner and Kaine, the letter was signed by U.S. Senators Chris Van Hollen (D-MD), Tina Smith (D-MN), Sherrod Brown (D-OH), Benjamin L. Cardin (D-MD), Richard Blumenthal (D-CT), Kirsten E. Gillibrand (D-NY), Doug Jones (D-AL), Elizabeth Warren (D-MA), Amy Klobuchar (D-MN), Margaret Wood Hassan (D-NH), Mazie K. Hirono (D-HI), Richard J. Durbin (D-IL), Sheldon Whitehouse (D-RI), Tom Udall (D-NM), Jeanne Shaheen (D-NH), Dianne Feinstein (D-CA), Martin Heinrich (D-NM), Ron Wyden (D-OR), Tammy Duckworth (D-IL), Edward J. Markey (D-MA), Tammy Baldwin (D-WI), Kamala D. Harris (D-CA), Jack Reed (D-RI), Robert Menendez (D-NJ), Robert P. Casey, Jr. (D-PA), Thomas R. Carper (D-DE), Bernard Sanders (I-VT), Cory A. Booker (D-NJ), Jeffrey A. Merkley (D-OR), Debbie Stabenow (D-MI), Christopher A. Coons (D-DE), and Christopher S. Murphy (D-CT).
The text of the letter is available below and here.
Dear Mr. Vought:
We are writing to urge you to direct federal agencies to work with contractors to provide back pay to compensate low- and middle-income contractor employees for the wages they have lost as a result of not being able to report to work during this government shutdown.
Contract workers and their families should not suffer the consequences of a shutdown that they did not cause. Low-wage service contract workers perform jobs that are absolutely vital to the government, such as food service, security, and custodial work. Many of these workers live paycheck-to-paycheck, and cannot afford to pay their rent and other bills if the shutdown continues.
After past shutdowns, contractor employees have generally not received back pay. In addition to our fight to protect federal workers who are being hurt by this shutdown, we are committed to righting this wrong for contractor employees. Government contracts typically have provisions to modify the terms of the contract. Federal contracting officers should use these provisions to work with contractors to provide back pay for employees who lost wages as a result of the government shutdown.
Providing back pay to these low- and middle-income contractor employees who are furloughed by their employers is the right thing to do, and it is in the federal government's best interest to provide funding to the extent necessary to ensure that contractors deliver back pay to their workers. Contractor employees cannot afford the chaos and uncertainty of government shutdowns, and some of these workers may seek other jobs if back pay is not provided to compensate for shutdown-related losses.
Most of all, this wasteful and destructive government shutdown must come to an end. We all support the legislation passed by the House of Representatives to reopen the government, which mirrors legislation that previously passed the Senate with overwhelming bipartisan support.
We urge you to take immediate steps to ensure that contractor employees get the back pay that they deserve by providing clear directions for agencies and contractors to do so.
Thank you for your consideration, and we look forward to your reply.
Sincerely,
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Bipartisan Bill to Protect Federal and Other Government Workers Hurt During Shutdowns Passes Senate
Jan 10 2019
ASHINGTON – Twenty days into the federal government shutdown, the Senate has passed by unanimous consent a bill sponsored by U.S. Senators Mark Warner (D-Va.), Tim Kaine (D-Va.), Ben Cardin (D-Md.) and Senator Susan Collins (R-Maine), Chris Van Hollen (D-Md.), and three dozen senators to ensure federal and other government workers who have been impacted by the current federal government shutdown will receive their back pay. The Government Employee Fair Treatment Act stipulates that all employees shall be paid as soon as possible after the lapse in appropriations ends – this includes those forced to work without pay and those locked out of their jobs during the shutdown. The bill also clarifies that excepted employees who have scheduled previously approved leave occurring during an appropriations lapse may indeed take that leave without undue penalty. It also clarifies that its provisions also apply to employees of the District of Columbia (DC) Government, D.C. Courts, and D.C. Public Defenders Service, who are also affected by federal government shutdowns.
“On the eve of the first missed payday, the Senate has acted to make sure that federal employees get paid just as soon as the government reopens for business,” said Senator Warner. “I expect that the Democratic House will take up and pass this legislation in short order. Our federal workforce – Americans who dedicate their lives to serving this country – shouldn’t have to bear the brunt of this unnecessary shutdown. The President must allow the government to re-open for business immediately.”
“Yesterday I alerted both caucuses that I would object to Senators leaving for the weekend while 800,000 federal employees were on the cusp of losing out on pay Friday,” Senator Kaine said. “I am thankful that as a result we were able to engage in a discussion that will give those employees some measure of comfort that they will receive their paychecks when the shutdown is over. This is not the same thing as knowing when the shutdown will be over, or receiving their paychecks on time, but it is the right thing to do for us to show these hard working Americans we’re there for them.”
“Federal workers are dedicated public servants who shouldn’t continue to suffer – working dangerous jobs without knowing when their next paycheck may come, or being forcibly furloughed and unable to carry out their mission – because of the government shutdown. Passage of our bill may not answer the question of when a paycheck will come, but it will guarantee that a paycheck will come when this shutdown finally ends,” said Senator Cardin. “We need to reopen the government immediately. Until we do, passage of our bill should be a sign of good faith and respect for federal workers, as well as a sign to creditors that our public servants will be made financially whole again. The House of Representatives should pass this legislation quickly and send it to the president, who has said he would sign it into law.”
“For three weeks, I’ve heard from the federal workers that I represent who are worried about how they will make ends meet if this shutdown continues. These hardworking men and women have nothing to do with the political gamesmanship that led to the Trump Shutdown, but they’ve had to pay the price,” said Senator Chris Van Hollen. “Today, the Senate has passed our legislation on a bipartisan basis to provide our federal workforce with the much-needed certainty that they will receive their paycheck when the shutdown ends. But they shouldn’t be without a paycheck at all – they should be at work. Now, we must work together to end this crisis and reopen the government without delay.”
“The partial government shutdown represents a failure to govern and harms not only those who need to interact with the closed agencies, but also hundreds of thousands of federal employees and their families who don’t know when they will receive their next paycheck,” said Senator Collins. “Civil servants bring dedication, competence, and experience to their work, and I appreciate all that they do for our government and our nation. Our legislation would guarantee that they are paid retroactively as soon as appropriations are restored. I am also continuing to discuss with the White House and my colleagues on both sides of the aisle ways to bring an end to the shutdown as quickly as possible so that furloughed federal employees can return to work.”
Additional cosponsors of the Government Employee Fair Treatment Act are: Senators Diane Feinstein (D-Calif.), Tammy Baldwin (D-Wisc.), Jack Reed (D-R.I.), Mazie Hirono (D-Hawaii), Ed Markey (D-Mass.), Doug Jones (D-Ala.), Richard Durbin (D-Ill.), Patrick Leahy (D-Vt.), Chris Coons (D-Del.), Tina Smith (D-Minn.), Tom Carper (D-Del.), Ron Wyden (D-Ore.), Jeanne Shaheen (D-NH), Maggie Hassan (D-N.H.), Elizabeth Warren (D-Mass), Maria Cantwell (D-Wash.), Amy Klobuchar (D-Minn.), Tammy Duckworth (D-Ill.), Michael Bennet (D-Colo.), Joe Manchin (D-W.V.), Catherine Cortez Masto (D-Nev.), Richard Blumenthal (D-Conn.), Martin Heinrich (D-N.M.), Kirsten Gillibrand (D-N.Y.), Kamala Harris (D-Calif.), Sheldon Whitehouse (D-R.I.), Sherrod Brown (D-Ohio), Robert Casey (D-Pa.), Angus King (I-Maine), Robert Menendez (D-N.J.), Lisa Murkowski (R-Alaska), Patty Murray (D-Wash.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Debbie Stabenow (D-Mich.) and Tom Udall (D-N.M.).
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Warner Introduces Legislation to Protect Federal Workers Who Fall Behind on Bills during Trump Shutdown
Jan 10 2019
Washington – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Brian Schatz (D-HI) to introduce the Federal Employee Civil Relief Act, legislation that would protect federal workers and their families from foreclosures, evictions, and loan defaults during a government shutdown.
“With each day that passes during President Trump’s shutdown, hundreds of thousands of federal employees are worrying about how they will pay for their bills even though their paychecks have stopped coming in,” said Sen. Warner. “This important legislation ensures that federal workers don’t face repercussions for making the hard choice between paying for basic necessities and paying their student loans. This unnecessary shutdown is already hurting federal workers, they don’t need additional hardships that could impact their financial future.”
The Federal Employee Civil Relief Act addresses the real threat of federal workers losing their homes, falling behind on student loans and other bills, having their car repossessed, or losing their health insurance because they have been furloughed during a shutdown or required to work without pay. Modeled after the Servicemembers Relief Act, the legislation will prohibit landlords and creditors from taking action against federal workers or contractors who are hurt by the government shutdown and unable to pay rent or repay loans. The bill would also empower federal workers to sue creditors or landlords that violate this protection. The Federal Employee Civil Relief Act would safeguard workers impacted by a shutdown from the following:
- Being evicted or foreclosed;
- Having their car or other property repossessed;
- Falling behind in student loan payments;
- Falling behind in paying bills; or
- Losing their insurance because of missed premiums.
The protection would last during and 30 days following a shutdown to give workers a chance to keep up with their bills. The partial government shutdown, now in its third week, hurts hundreds of thousands of federal employees and contractors. Virginia alone is home to more than 170,000 federal workers.
Additional cosponsors of the bill include U.S. Sens. Ben Cardin (D-MD), Chris Van Hollen (D-MD), Maggie Hassan (D-NH), Martin Heinrich (D-NM), Cory Booker (D-NJ), Chris Murphy (D-CT), Tammy Baldwin (D-WI), Sherrod Brown (D-OH), Mazie K. Hirono (D-HI) and Catherine Cortez Masto (D-NV).
The Federal Employee Civil Act has also been introduced in the House of Representatives by Representative Derek Kilmer (D-WA).
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WASHINGTON — Last night, U.S. Senators Chris Van Hollen (D-Md.), Ben Cardin (D-Md.), Mark Warner (D-Va.), and Tim Kaine (D-Va.) sent a letter to their Democratic colleagues urging them to refuse to conduct business as usual on the floor of the Senate this week. They argue that the first vote we take this year should be to end the government shutdown.
“We write to urge you to join us in voting against the motion to proceed on Tuesday evening because the Senate should vote on the House-passed Appropriations bills as its first order of business. We must restore services to the American people and address the plight of the more than 800,000 federal employees who are being denied pay and facing mounting bills,” the Senators wrote.
They added, “The New Democratic Majority in the House of Representatives did their job and made opening the entire government the first order of business when they passed two measures to achieve that goal. Republican Leader McConnell should immediately bring those bills to a vote in the Senate. The Republican Caucus must not be allowed to contract out their constitutional responsibilities as a separate branch of government to President Trump. They have the power to immediately schedule a vote on the House-passed bills and should make that, or another agreement to end the shutdown, the first order of business.”
The full text of the letter is available here and below.
Dear Colleague,
We write to urge you to join us in voting against the motion to proceed on Tuesday evening because the Senate should vote on the House-passed Appropriations bills as its first order of business. We must restore services to the American people and address the plight of the more than 800,000 federal employees who are being denied pay and facing mounting bills. Our position is strongly backed by the unions that represent federal employees, as well as a growing chorus of grassroots organizations who agree it would be wrong for the Senate to postpone action to reopen the government while one-quarter of the federal government is shut down and hard-working public servants are not being paid.
The shutdown is now over two weeks old with no end in sight. In addition to the more than 450,000 federal employees working without pay to protect our nation, keep our air and waters secure, and patrol our borders and 380,000 furloughed workers wondering if and when their next paycheck will come, everyday Americans are feeling the pain of the government shutdown. More than 30 million small businesses lack access to federally-assisted loans, farmers preparing for the spring planting season are unable to reach Farm Service Agency support, and thousands of people trying to buy a new home with an FHA-insured mortgage are on hold indefinitely. Progress on CDBG grants is stalled, local businesses that rely on tourism from national parks are losing money every day, and the vast majority of IRS staff is furloughed, putting timely receipt of tax returns in jeopardy.
We have also seen tragic consequences from this shutdown. The Trump Administration has decided to leave some national parks open with limited staff, and three people, including a 14-year-old girl, have died in accidents since the shutdown began.
The New Democratic Majority in the House of Representatives did their job and made opening the entire government the first order of business when they passed two measures to achieve that goal. Republican Leader McConnell should immediately bring those bills to a vote in the Senate. The Republican Caucus must not be allowed to contract out their constitutional responsibilities as a separate branch of government to President Trump. They have the power to immediately schedule a vote on the House-passed bills and should make that, or another agreement to end the shutdown, the first order of business.
We also encourage you to continue to highlight the plight of federal employees trying to make ends meet, telling the stories of small business contractors and contract service workers who are being hard hit, and broadcasting the mounting harm to delivery of public services. The federal employee and contractor unions stand ready to assist your offices in developing these events around those issues.
We urge you to join us — and a growing number of grassroots organizations —in taking this position. The Senate should vote on the House-passed Appropriations bills as its first order of business.
Sincerely,
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Warner, Kaine Press Trump Administration on How Government Shutdown Will Impact Tax Refunds for Virginians
Jan 07 2019
WASHINGTON – Today Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter to Treasury Secretary Steven Mnuchin asking how Virginia taxpayers will be affected by the government shutdown, which has left the Internal Revenue Service (IRS) short-staffed and potentially underprepared for the beginning of the 2019 tax-filing season.
Funding for the IRS lapsed on December 22, 2018, leaving the agency to function on a contingency plan that provides some flexibility on operations during the first five days of a government shutdown. Now in the 17th day and nearing the 2019 tax-filing season that begins on January 29th, Sens. Warner and Kaine are asking for answers on how the IRS would accept and process tax returns, issue refunds, and address taxpayer correspondence.
“According to the Internal Revenue Service’s (IRS) Lapse Appropriations Contingency Plan, only 12.5 percent of the IRS’s workforce is authorized to work during a shutdown during a non-filing season and as a result, we understand the Treasury Department has furloughed roughly 70,000 IRS civil servants. While the contingency plan includes some flexibility in determining how the Department can respond to a lapse in government funding that continues beyond five business days, the issue of tax refunds is considered a ‘non-excepted activity,’ meaning that the funding lapse has led the IRS to stop issuing tax refunds in addition to other needed taxpayer services,” wrote the Senators.
Many hardworking families are counting on their tax refunds to catch up on bills or pay down their debt. However, with the IRS short-staffed during the government shutdown, many Virginia families are at risk of receiving a delayed return that could impact their personal finances.
“The lapse in government funding has and will continue to pose other problems for taxpayers. Reports indicate many Americans are experiencing delays in financing or refinancing mortgages and other loans because of lenders inability to obtain tax transcripts to verify incomes for loans,” continued the Senators. “The American people deserve clarity during these uncertain times, particularly as it relates to their ability to afford their basic needs.”
Sens. Warner and Kaine have been outspoken against President Trump’s use of a government shutdown as a negotiating tactic. Sens. Warner and Kaine have called on Senate Majority Leader Mitch McConnell to hold a vote on a House-passed spending bill that would reopen the government and allow hundreds of thousands of federal employees and contractors to go back to work.
The full text of the letter is available here and below.
The Honorable Steven T. Mnuchin
Secretary
U.S. Department of the Treasury
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220
Dear Secretary Mnuchin:
We write to raise concerns with the impact the government shutdown will have on the Department of the Treasury, its employees, and American taxpayers. According to the Internal Revenue Service’s (IRS) Lapse Appropriations Contingency Plan, only 12.5 percent of the IRS’s workforce is authorized to work during a shutdown during a non-filing season and as a result, we understand the Treasury Department has furloughed roughly 70,000 IRS civil servants. While the contingency plan includes some flexibility in determining how the Department can respond to a lapse in government funding that continues beyond five business days, the issue of tax refunds is considered a “non-excepted activity,” meaning that the funding lapse has led the IRS to stop issuing tax refunds in addition to other needed taxpayer services.
According to IRS data through April 2018, the IRS processed over 130 million individual tax returns and issued close to 100 million refunds that totaled $275 billion. The average refund during that period was close to $2,800. This money is vitally important for American families and their ability to pay for their basic needs. A delay in refunds would cause hardship, particularly to those American workers and families who live paycheck to paycheck. By this time last year, the IRS had announced the beginning of the 2018 Tax Filing Season, informing taxpayers it would begin accepting tax returns on January 29, 2018. A delay in the announcement or opening of the tax filing season could adversely affect taxpayers and their ability to receive their tax refund on time.
The lapse in government funding has and will continue to pose other problems for taxpayers. Reports indicate many Americans are experiencing delays in financing or refinancing mortgages and other loans because of lenders’ inability to obtain tax transcripts to verify incomes for loans. To understand how the Department and the IRS will serve American taxpayers now that we have passed the first five business days laid out by the IRS’s contingency plan, please provide us with the following information by January 11, 2019:
- The date when the IRS will begin accepting tax returns for 2019. If the tax filing season opens later than last year—on January 29, 2019—please explain the delay and whether the lapse in government funding played a role.
- Please confirm whether the IRS will reevaluate its contingency plan and issue federal tax refunds at any time during the government shutdown. If so, please provide the anticipated date when the IRS will begin issuing refunds.
- Please confirm if the IRS has a filing season contingency plan for Fiscal Year 2019. If not, please provide a date when the IRS expects to have finalized such a plan.
- A list of all IRS functions that have stopped or been reduced during the lapse in funding. Please indicate the percentage of the reduction if IRS functions have been reduced.
The American people deserve clarity during these uncertain times, particularly as it relates to their ability to afford their basic needs. Thank you for your attention to this matter.
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Warner, Kaine, & Colleagues Announce Plan to Introduce Bill to Back Pay Federal Contractors After Shutdown
Jan 04 2019
WASHINGTON, D.C. – U.S. Senators Mark Warner and Tim Kaine announced plans to introduce legislation to secure back pay for the federal contractors who have gone without pay during the government shutdown. Warner and Kaine were joined by Senators Tina Smith, Sherrod Brown, Chris Van Hollen, and Ben Cardin.
Each day, thousands of federal contractors provide critical services to support the federal government, often at low wages, and many have been furloughed or forced to accept reduced work hours as a result of the government shutdown. Many of these workers are janitorial, food, and security services workers.
“The ripple effect of this unnecessary government shutdown has already been felt by families of all stripes and walks of life across Virginia. Federal employees should be—and always have been—paid retroactively after a government shutdown. That isn’t the case for many low-wage federal contractors—like janitors, security guards, and cafeteria staff—many of whom are already living paycheck to paycheck,” Warner said. “Virginians and Americans across the country have entrusted Congress to work on their behalf, not abandon them in favor of political brinksmanship.”
“Virginia is being hit hard by President Trump’s shutdown because we have a high number of federal employees wondering if their paychecks will come, but we also have a lot of federal contractors. We often do bills to make sure that paychecks for federal employees are made whole after a shutdown, but it’s not the same for these hardworking federal contractors who just want to do their jobs. To make it worse, many of these federal contractors are living paycheck-to-paycheck, so this really hurts them. I’m glad we are trying to find a way to make sure some of these workers get paid. This shutdown was completely unnecessary and we need to protect people who have been hurt by President Trump’s actions,” Kaine said.
Warner and Kaine have been outspoken against President Trump’s use of a government shutdown as a negotiating tactic. Virginia is home to more than 170,000 federal employees and tens of thousands of federal contractors.
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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine released the following statement after the House of Representatives passed a bill to reopen the government last night and sent it over to the Senate to consider:
“Yesterday, the House passed funding bills that the Senate already supported in the last Congress. Leader McConnell should let us take a vote on those bills to reopen government and force President Trump to decide whether to sign them. Virginia is home to more than 170,000 federal employees and tens of thousands of government contractors. If we first end President Trump’s shutdown and stop the pain he is putting on them and their families, then we can focus from now until February 8th on agreeing to a reasonable approach on border security.”
Warner and Kaine have been outspoken against President Trump’s use of a government shutdown as a negotiating tactic. Virginia is home to more than 170,000 federal employees. The bills that passed through the House would fund the Department of Homeland Security through February 8th and remaining departments through September 30th.
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WASHINGTON, D.C. – Today, U.S. Senators Mark Warner (D-VA) and Tim Kaine (D-VA) joined 28 colleagues, led by Senators Ben Cardin (D-MD) and Susan Collins (R-ME), in introducing legislation to guarantee back pay as soon as possible for federal workers who go without a paycheck during the current government shutdown. The Government Employee Fair Treatment Act also clarifies that employees who had previously scheduled approved leave occurring during a shutdown may take that leave without undue penalty.
“Federal employees have worked hard to serve our country and we must ensure they don’t go without the pay their families were counting on just because of the President’s irresponsible actions,” said Warner and Kaine.
View text of the Government Employee Fair Treatment Act, HERE.
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WASHINGTON— Today, U.S. Sens. Mark R. Warner (D-VA), Chris Van Hollen (D-MD), Mazie Hirono (D-HI), Tim Kaine (D-VA), Ben Cardin (D-MD) and Sherrod Brown (D-OH) sent a letter to President Donald Trump, urging him in the strongest possible terms to back off a planned pay freeze for civilian federal employees in 2019.
"We write to urge you in the strongest possible terms to reverse your decision to freeze pay rates for non-military federal workers in 2019. After months of indecisiveness and mixed signals, your decision further penalizes hard-working federal employees already straining under the impact of the unnecessary government shutdown that began on December 22nd," the Senators told Trump. "Freezing pay for federal workers adds insult to injury for dedicated public servants already subject to political attacks and gamesmanship."
While the White House's FY19 budget proposed an across-the-board pay freeze for non-military federal workers, in August, the Senate approved appropriations legislation providing for a 1.9 percent pay increase for federal workers. However, the House's failure to take up the bill allowed President Trump to sign an executive order on December 28 -- day six of the partial government shutdown -- unilaterally freezing pay for civilian federal employees.
In today's letter, the Senators pushed Trump to change course, highlighting bipartisan support for the Senate-passed 1.9 percent pay raise. They also underscored how freezing pay hinders the federal government's hiring competitiveness with the private sector, and called out the President for not doing more to prioritize human capital investments. The Senators also committed to working towards a pay adjustment for FY19 if President Trump fails to reverse his decision.
"There should be a particular sense of urgency in bolstering, rather than undermining, the competitiveness of the federal workforce considering that the share of federal employees eligible for retirement is expected to jump to 30 percent in five years," the Senators wrote. "As a businessman, we would expect you to understand the importance of human capital investments in recruiting and retaining talented employees. We are deeply troubled that you would abdicate your responsibility to ensure the sustainability of the federal workforce—particularly while so many federal employees are actively working without pay during a shutdown triggered by your own equivocation?"
The full text of today's letter is available here and below.
Dear Mr. President:
We write to urge you in the strongest possible terms to reverse your decision to freeze pay rates for non-military federal workers in 2019. After months of indecisiveness and mixed signals, your decision further penalizes hard-working federal employees already straining under the impact of the unnecessary government shutdown that began on December 22nd.
Freezing pay for federal workers adds insult to injury for dedicated public servants already subject to political attacks and gamesmanship. In February 2018, your administration’s budget proposed freezing federal civilian pay for 2019. In August 2018, the United States Senate included a 1.9 percent pay raise for civilian federal employees in the appropriations bill that passed with overwhelming bipartisan support. This action recognized the many contributions of federal workers and rebuked your unsubstantiated proposal to further hinder their economic security and our collective ability to compete with the private sector. There should be a particular sense of urgency in bolstering, rather than undermining, the competitiveness of the federal workforce considering that the share of federal employees eligible for retirement is expected to jump to 30 percent in five years.
As a businessman, we would expect you to understand the importance of human capital investments in recruiting and retaining talented employees. We are deeply troubled that you would abdicate your responsibility to ensure the sustainability of the federal workforce—particularly while so many federal employees are actively working without pay during a shutdown triggered by your own equivocation.
We strongly encourage you to take immediate action to reverse your ill-advised pay freeze and lift federal workers from this added layer of financial insecurity. Should you choose not to change course, we will continue working on a bipartisan basis to ensure federal workers receive a pay adjustment for Fiscal Year 2019.
