WASHINGTON, D.C. – Today, U.S. Sens. Mark R. Warner, Tim Kaine, and Patty Murray wrote a letter to the Department of Homeland Security (DHS) Office of the Inspector General (OIG) requesting an investigation into the June 2020 transfer of immigrants in Immigration and Customs Enforcement (ICE) detention to Farmville, Virginia. The transfer, which was reportedly part of the Trump Administration’s efforts to send more federal agents to Washington, D.C., to end racial justice protests, led to a dramatic spike in COVID-19 infections at the Farmville facility, managed by the private contractor Immigration Centers of America (ICA). The Senators write that ICE, ICA, and DHS’s mishandling of the situation fits the pattern of abuse behind ICE detention.

“While ICE said they transferred ‘larger detention populations to facilities with fewer detainees’ to ‘promote social distancing,’ according to recently released information, ICE’s own statistics showed the facilities from where the detainees came on June 1 were not near capacity when the transfers were arranged,” the Senators wrote. “ICE and ICA’s response to the COVID-19 outbreak in Farmville raises the alarm about people’s safety and the nature of ICE detention. And ICE and DHS’s disregard of Senate inquiry in the face of clear mishandling of the situation and people’s lives is unacceptable. It is critical for the OIG to investigate the transfer of individuals in ICE custody during the COVID-19 pandemic in the context of the pattern and practice of abuse and the lack of accountability within ICE facilities.”

The Senators noted that, while the Farmville facility was 57 percent full the day of the transfer, the Arizona facility from which the migrants were transferred was only 35 percent full. “The statistics indicate that ICE has misled Congress about the reasons for transferring individuals during the pandemic,” wrote the Senators.

Senators Warner and Kaine have repeatedly pushed the Administration to prevent and mitigate the spread of COVID-19 in Virginia detention facilities. After the June transfer resulted in a spike of more than 50 COVID-19 cases at Farmville, the Senators urged the Department of Homeland Security (DHS) to prioritize the health of detainees and workers by stopping the transfer of people in ICE custody and increasing COVID-19 testing at the facilities. Nearly a month later, with approximately 80 percent of the Farmville population testing positive for COVID-19, the Senators once again pressed ICE and DHS to stop transfers between facilities. They also posed a series of questions regarding the measures in place to safeguard the health of people in custody, staff members, and the community. In July, the Senators also insisted that the Trump Administration work with the Centers for Disease Control and Prevention (CDC) to create and deploy teams of epidemiologists to conduct an assessment of the pandemic’s impact at the facility after nearly every detained person in the Farmville facility contracted COVID-19. At the Senators’ urging, the CDC deployed its teams to the Farmville facility in August to conduct an assessment of the rate of infection among workers and detainees, risk factors for infection among workers and detainees, infection control and prevention practices in the facility, and transmission dynamics among workers, detainees, and the surrounding community. Additionally, following reports that two detained individuals tested positive for COVID-19 at the Caroline County Immigration and Customs Enforcement (ICE) detention facility, the Senators sent a letter today pressing for answers on what ICE is doing to protect the health of individuals in custody, staff members, and the Bowling Green community.

You can read the full letter here and below:

Inspector General Joseph V. Cuffari
Office of Inspector General
Department of Homeland Security
245 Murray Lane SW
Washington, DC 20528-0305

Dear Inspector General Joseph V. Cuffari,

We write to request that the Department of Homeland Security (DHS) Office of the Inspector General (OIG) investigate the transfer of individuals in detention by Immigration and Customs Enforcement (ICE) to Virginia via ICE Air in June 2020 as part of the administration’s efforts to send more federal agents to end racial justice protests in Washington, D.C.^[1] The transfer led to the worst outbreak of COVID-19 in the ICE detention center in Farmville, Virginia, run by the private contractor Immigration Centers of America (ICA) and fits into the pattern of abuse behind ICE detention during the pandemic. We ask that your office incorporate an investigation into the June 2020 transfer to Virginia into the ongoing investigation into “ICE’s Efforts to Prevent and Mitigate the Spread of COVID-19 in its Facilities.”^[2]

On June 2, ICE transferred over 70 detainees to ICA-Farmville from COVID-19 hotspots in Florida and Arizona. According to testimony at a Farmville town council meeting in August, ICE officials in the Washington field office objected to the transfer of detainees. The transfer, compounded by the inability to appropriately socially distance within the facility, led to a dramatic spike in infections. Within two weeks of the June 2020 transfer, more than half of these detainees tested positive for COVID-19. At least six people inside have been hospitalized with severe symptoms. In August, the Farmville facility had at times a nearly 90% infection rate among detainees, including James Thomas Hill, a Canadian national who tragically died on August 5.

While ICE said they transferred “larger detention populations to facilities with fewer detainees” to “promote social distancing,” according to recently released information, ICE’s own statistics showed the facilities from where the detainees came on June 1 were not near capacity when the transfers were arranged. The detention facility in Arizona from where detainees were transferred, CCA Florence, has space for approximately 550 detainees but was only about 35 percent full that day, while Farmville was 57 percent full. The statistics indicate that ICE has misled Congress about the reasons for transferring individuals during the pandemic, in violation of the CDC guidelines indicating that people should not be transferred between facilities “unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, release, or to prevent overcrowding.”^[3]

We have consistently raised alarm with DHS about the surging number of COVID-19 cases at the Farmville detention facility as a result of ICE’s decision to continue transferring detainees.^[4] Yet both DHS and ICE have refused to respond to our questions concerning how ICE is protecting the health of individuals in their custody, staff members, and the Farmville community. We request that you investigate the following:

?      Whether ICE and DHS shared information with Farmville officials (including local elected officials like the mayor and members of the town council) about the June transfer and the subsequent outbreaks at Farmville-ICA in an effort to protect against community spread;

?      The objection to the transfer by the Washington field office and any other objections made prior to the transfer of detainees to Farmville;

?      The role of the company in charge of the facility, ICA, in the June 2020 transfer;

?      Whether the ICE agents aboard the ICE Air flight in question were tested for COVID-19 prior to boarding and ICE’s general policies around testing prior to boarding flights with detainees;

?      All information pertaining to the planned flight, including whether the flight was postponed or altered to accommodate agents;

?      The capacity at each ICE facility on June 2, 2020;

?      Whether any detainees transferred to Farmville on June 2, 2020, were subject to the Title 42 expulsions conducted by the Administration;

?      The I-216 of each detainee transferred to Farmville on June 2, 2020;

?      The number of ICE transfers during the entirety of the coronavirus pandemic, the justifications behind the transfers, the capacity at the facilities individuals were transferred from and to, and the result of any COVID-19 spread at the facilities to which detainees were transferred;

?      The decision-making process that went into making the June 2 transfer and all other transfers during the pandemic, including communication between ICE headquarters, field offices, private contractors, and local officials involved in the management of the facilities where transfers have taken place as well as agency and administration guidance, memos, and any other information guiding ICE’s decision process to embark on transfers during the pandemic;

?      Whether any assessments or inquiries were made of the local hospital and medical capacity to handle possibly infected detainees prior to transfer;

?      ICE’s use of “ICE Air” charter flights to transfer detainees during the pandemic.

ICE and ICA’s response to the COVID-19 outbreak in Farmville raises the alarm about people’s safety and the nature of ICE detention. And ICE and DHS’s disregard of Senate inquiry in the face of clear mishandling of the situation and people’s lives is unacceptable. It is critical for the OIG to investigate the transfer of individuals in ICE custody during the COVID-19 pandemic in the context of the pattern and practice of abuse and the lack of accountability within ICE facilities.

Sincerely,

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) joined his Senate colleagues in a letter to United States Postmaster General Louis DeJoy calling on him to immediately reverse all operational and organizational changes that have resulted in delays of critical medications to Americans.  

“The Postal Service is an essential public institution that must uphold its duty to serve every community. Your recently implemented changes pose an unacceptable threat and continue to have a devastating effect on communities that rely on consistent access to medication through the mail. We have received numerous reports from seniors about delays in receiving their prescriptions through the mail, leaving some without life-sustaining medication for days. Others have been forced to obtain emergency prescriptions from their doctors and pay out-of-pocket for medication because their original prescriptions covered by insurance never arrived,” wrote the Senators to Postmaster General Louis DeJoy.

“We call on you to immediately reverse all operational and organizational changes that have resulted in life-threatening delays of critical medications to Americans. As you noted, ‘it is imperative for the Postal Service to operate efficiently and effectively, while continuing to provide service that meets the needs of [its] customers.’ Right now, the Postal Service is failing to meet the needs of many Americans and adhere to its mission of ‘prompt, reliable, and efficient services to patrons in all areas.’ As we continue to fight this pandemic, the Postal Service is integral to keeping millions of Americans safe, especially seniors, people with chronic conditions, and people with disabilities,” continued the Senators.

In addition to Sen. Warner, the letter was led by Sens. Jacky Rosen (D-NV), Gary Peters (D-MI), Patty Murray (D-WA), Bob Casey (D-PA), Ron Wyden (D-OR), and signed by Sens. Amy Klobuchar (D-MN), Tom Carper (D-DE), Chuck Schumer (D-NY), Sherrod Brown (D-OH), Richard Blumenthal (D-CT), Tom Udall (D-NM), Elizabeth Warren (D-MA), Kirsten Gillibrand (D-NY), Patrick Leahy (D-VT), Chris Van Hollen (D-MD), Bernie Sanders (D-VT), Tammy Duckworth (D-IL), Jeanne Shaheen (D-NH),  Debbie Stabenow (D-MI), Tammy Baldwin (D-WI), Tina Smith (D-MN), Maggie Hassan (D-NH), Chris Coons (D-DE), Sheldon Whitehouse (D-RI), Cory Booker (D-NJ), Ed Markey (D-MA), Ben Cardin (D-MD), Jack Reed (D-RI), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Maria Cantwell (D-WA), Dick Durbin (D-IL), Jeff Merkley (D-OR), and Kamala Harris (D-CA).

Last month, Sen. Warner fired off a letter to Postmaster General sharing concerns he’s heard directly from Virginians regarding delayed mail service following those structural and operational changes at the Postal Service. Sen. Warner also recently called on DeJoy to testify before Congress regarding service delays in Virginia. Additionally, he joined a number of Senate Democrats in raising concerns over the heightened impact of these changes to servicemembers and their families, and in pushing DeJoy and VA Secretary Robert Wilkie to correct the changes that are needlessly delaying veterans’ access to life-saving prescriptions.

In June, Sen. Warner sounded the alarm about the Administration’s efforts to undermine state work to expand mail-in voting. Following the USPS policy changes, Sen. Warner joined other Senate Democrats in an effort to urge the Postmaster General to provide answers regarding reports of recent changes to long-standing practices at USPS that would result in increased delivery times and costs for election mail, and urged him not take any further action that makes it harder and more expensive for states and election jurisdictions to mail ballots. He has since called on DeJoy to answer for service delays and urged him not to take any further action that makes it harder for states to mail ballots. In addition, Sen. Warner asked Virginia’s election registrars to ensure that all Virginians can access their right to vote.

A copy of the letter can be found here and below.

Dear Mr. DeJoy:

In your three months as U.S. Postmaster General, you have made detrimental operational and structural changes to the U.S. Postal Service. After facing criticism from members of Congress, states, and the public as well as lawsuits from multiple state attorneys general you announced the reversal of some—but not all—of these policies.  Damage from your decisions has already been done as Americans continue to experience potentially life-threatening delays in the delivery of prescription medications. These delays will continue to disproportionately harm the same individuals who are most at risk during the COVID-19 crisis, including seniors, people with chronic conditions, and people with disabilities. 

While we hope that your recent policy reversals will curtail some of the harmful effects and delays we have seen, we continue to have grave concerns regarding widespread delays in the delivery of critical medications that millions of Americans rely upon every day. In the midst of the COVID-19 pandemic, it is now more important than ever for Americans to have safe and timely access to their medications from their homes. For years, Americans have entrusted the Postal Service to deliver essential goods—yet during this public health crisis, a number of Americans continue to await needed medications that are lost or delayed in the mail. 

The Postal Service is an essential public institution that must uphold its duty to serve every community. Your recently implemented changes pose an unacceptable threat and continue to have a devastating effect on communities that rely on consistent access to medication through the mail. We have received numerous reports from seniors about delays in receiving their prescriptions through the mail, leaving some without life-sustaining medication for days. Others have been forced to obtain emergency prescriptions from their doctors and pay out-of-pocket for medication because their original prescriptions covered by insurance never arrived. 

The National Association of Letter Carriers reported that the Postal Service delivers 1.2 billion prescription drug shipments each year – amounting to four million shipments every day, six days a week.  The Department of Veterans Affairs (VA) Mail Order Pharmacy provides prescriptions to approximately 80 percent of all veterans via mail, processing 470,000 prescriptions daily.  Despite these figures, “prescription medication can only be as effective as a patient’s ability to access it.” 

The Postal Service’s role in delivering medications to Americans has only grown during the COVID-19 crisis. When COVID-19 stay-at-home orders began in March, mail-order prescriptions reportedly increased by 21 percent from the year prior.  What was previously a routine visit to the pharmacy now places millions of Americans at an increased risk of exposure to COVID-19. The Centers for Disease Control and Prevention advises Americans to “limit in-person visits to the pharmacy” and, if possible, to use drive-thru windows, mail-order, or other delivery services to pick up medications.   As Postal Service delays cause Americans to worry when, if at all, they will receive their next supply of medication in the mail, patients across the country may be forced to seek their prescriptions in person at a pharmacy—increasing their risk of exposure to COVID-19 at a time when staying home is vital to their health and well-being.

We call on you to immediately reverse all operational and organizational changes that have resulted in life-threatening delays of critical medications to Americans. As you noted, “it is imperative for the Postal Service to operate efficiently and effectively, while continuing to provide service that meets the needs of [its] customers.”  Right now, the Postal Service is failing to meet the needs of many Americans and adhere to its mission of “prompt, reliable, and efficient services to patrons in all areas.”  As we continue to fight this pandemic, the Postal Service is integral to keeping millions of Americans safe, especially seniors, people with chronic conditions, and people with disabilities.

To that end, please provide the following information by September 21, 2020:

1. What considerations did you give to mail-order medications before implementing the recent operational and structural changes throughout the Postal Service?

2. What, if any, actions did you take to prevent potential delays in the delivery of mail-order medications? If you made no specific adjustments or considerations, please explain why.

3. What steps, if any, does the Postal Service intend to take to address existing delays in the delivery of mail-ordered prescriptions that have occurred as a result of the operational and structural changes you implemented? 

4. Please identify the operational and structural changes implemented during your tenure that you plan to reverse.
   1. Please explain how you decided which changes to reverse, as well as your rationale for each reversal.
   2. Do you plan to re-implement any of these changes after the November 2020 election? If so, what safeguards will you put in place to avoid significant mail delays and keep Americans safe?

5. Please identify the operational and structural changes implemented during your tenure that you chose not to reverse.
   1. Please explain your justification for each decision.
   2. Please explain the consequences these changes could have for the ability of Americans to receive their medications in a timely and consistent manner through the mail, and whether the Postal Service has adopted safeguards to address these issues.  

Thank you for your attention to this important matter. 

Sincerely,

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) led Sens. Tim Kaine (D-VA), Michael Bennet (D-CO), Cory Booker (D-NJ), Mazie Hirono (D-HI), Angus King (I-ME), Jeff Merkley (D-OR), Patty Murray (D-WA), Gary Peters (D-MI), Elizabeth Warren (D-MA), and Ron Wyden (D-OR) in calling on the seven largest internet service providers (ISPs) to do their part to limit the economic and social disruption caused by COVID-19 and help ensure that children are able to meaningfully participate in their education. These letters come as unprecedented numbers of students rely on remote learning to kick off the fall semester due to the ongoing public health crisis. 

In a letter sent to the CEOs of AT&T, CenturyLink, Charter Communications, Comcast, Cox Communications, T-Mobile, and Verizon, the Senators called on companies to take concrete measures to suspend limits and fees associated with increased broadband use, which is needed to participate in online courses or remote work. They also called for the companies to expand coverage areas, as the public health emergency has highlighted the devastating impact of the nation’s lingering broadband gaps.

“As a new school year commences, the need to accommodate an unprecedented reliance on data services to provide education continues. We have heard from public schools who express appreciation for internet service options that enable remote learning, but are also concerned with ongoing data limitations and continued lack of service for many households,” the Senators wrote. “In many situations, online learning activities require additional data allowances beyond plans readily available for students. We kindly request that you again take immediate action to help students connect to the online resources they need to learn, including expanding coverage areas and rolling out new service plans that better meet the needs of these families.” 

“With many schools closed and students now relying on the internet to connect with their teachers, instruction materials, and assignments, sufficient data allowances are even more essential for students’ success now and throughout their future. However, the coronavirus pandemic has forced many parents to work from home, increasing their monthly broadband usage,” they continued. “For these crucial reasons, we ask again that you temporarily suspend data caps and associated fees or throttling for affected communities, and work with public school districts, colleges, and universities to provide free, or at-cost broadband options for students whose schools are closed due to COVID-19 and don’t have sufficient access at home. These options are essential for students, regardless of household billing histories. Working with school administrations to facilitate qualification for discounts based on the schools’ personal knowledge may be especially helpful. For example, students qualifying for free/discounted lunches may also prequalify for free/discounted broadband services as well.”

According to findings from a Pew Research study, the “homework gap” of students lacking reliable access to internet connectivity or a computer at home is more pronounced among Black, Hispanic and lower-income households. In addition to the toll it takes on individual students and their families, the economic cost of this gap has been identified by McKinsey and Company as having deprived the economy of at least $426 billion between 2009 and 2019.

In their letter, the Senators noted numerous complaints that have come in to their offices from parents and educators who are grappling with usage caps and limited bandwidth, which prevent daily video calls needed to learn and work from home. The Senators also stated they’ve heard of families being deemed ineligible for the new services offered for low-income families due to previous missed payments. 

Sen. Warner has long fought for increased access to broadband in the Commonwealth during his tenure as Governor and during his time in the Senate. In March, Sen. Warner led 17 of his colleagues in urging major internet service providers to take steps to accommodate the incoming unprecedented reliance on telepresence services. After this effort, a number of major internet service providers announced the adoption of practices to better accommodate the use of remote technologies. Earlier this year, Sen. Warner also introduced legislation to help ensure adequate home internet connectivity for K-12 students during COVID-19. He has also pushed the FCC to ensure that millions of Americans are made aware of their eligibility for the FCC’s Lifeline program – the primary federal program charged with helping low-income families obtain broadband and telephone services. 

A copy of the letter is available here and text can be found below.

As the ongoing COVID-19 pandemic requires returning students across the United States to rely on remote learning and online courses, we write to ask for your assistance to help ensure students can take full advantage of essential education opportunities this fall. In March, we were thankful that your company answered our request to make a range of accommodations and service changes to help Americans shifting to unprecedented levels of online education and telework, including suspending some broadband data limits on a temporary basis. Your decisive and timely actions helped cushion the impacts to families across the nation during the spring months. 

As a new school year commences, the need to accommodate an unprecedented reliance on data services to provide education continues. We have heard from public schools who express appreciation for internet service options that enable remote learning, but are also concerned with ongoing data limitations and continued lack of service for many households. In many situations, online learning activities require additional data allowances beyond plans readily available for students. We kindly request that you again take immediate action to help students connect to the online resources they need to learn, including expanding coverage areas and rolling out new service plans that better meet the needs of these families. Unprecedented numbers of students now rely on remote access for education due to the COVID-19 pandemic, and remote education is only as effective as available internet service. 

Effective remote learning requires capable devices and adequate broadband internet access. The Pew Research Center found in March the “homework gap” of students lacking reliable access to a computer at home is a significant challenge for many students, and even more pronounced for Black, Hispanic and lower income households. With many schools closed and students now relying on the internet to connect with their teachers, instruction materials, and assignments, sufficient data allowances are even more essential for students’ success now and throughout their future. However, the coronavirus pandemic has forced many parents to work from home, increasing their monthly broadband usage.

Our offices have fielded numerous complaints from parents and educators frustrated by usage caps and limited bandwidth, which prevent daily video calls needed to learn and work from home. And those who have no other option find themselves buried in overage fees. In some cases, we’ve learned that eligibility for new services announced for low-income households is barred if that household has missed monthly payments in the past. These predicaments shine a light on our growing digital divide and threaten the education and subsequent futures of our students. In June, McKinsey and Co. reported that this education achievement gap limited the growth of the U.S. gross domestic product (GDP) by at least $426 billion between 2009 and 2019. The necessary closing of schools during the public health crisis and transition to remote education has exacerbated these gaps.

For these crucial reasons, we ask again that you temporarily suspend data caps and associated fees or throttling for affected communities, and work with public school districts, colleges, and universities to provide free, or at-cost broadband options for students whose schools are closed due to COVID-19 and don’t have sufficient access at home. These options are essential for students, regardless of household billing histories. Working with school administrations to facilitate qualification for discounts based on the schools’ personal knowledge may be especially helpful. For example, students qualifying for free/discounted lunches may also prequalify for free/discounted broadband services as well. 

We look forward to promptly hearing from you about what steps you will take to help limit the economic and social disruption that COVID-19 is posing at this challenging time. We recognize that many broadband providers have experienced significant business growth since the onset of this crisis. We ask that you identify ways to give back to the communities you serve through deployment of expanded service and additional service plans and policies that respond to the concerns we’ve heard from constituents about access, affordability, and data rates.

Containing the health impact of COVID-19 will depend on observance of social distancing measures outlined by the Centers for Disease Control and Prevention (CDC) and other public health authorities. But containing the economic and social impact of COVID-19 requires a whole-of-society effort. At this time of great strain on our economic and education systems, we encourage you to do everything you can to cushion the impacts on American families and students. Our offices would be happy to connect you with local education officials and administrators to facilitate this effort.

We appreciate your time and consideration of this matter.

Sincerely,

###

WASHINGTON, DC – As communities across the country grapple with how to reopen as safely as possible, U.S. Sen. Mark R. Warner joined Sens. Tom Carper (D-Del.), Bill Cassidy, M.D. (R-La.) and a bipartisan group of senators in calling on the Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) to improve, automate and modernize COVID-19 data collection and management. In a letter sent to Secretary Azar and Dr. Redfield, the lawmakers specifically called on the agencies to harness technologically advanced systems and build on existing data sources in order to provide public health officials and community leaders with more accurate, real-time information as they make critical decisions about reopening.

Unfortunately, recent reports have shown that case reporting and contact tracing across the country are being hampered by a fragmented health system and antiquated technology, including manual entry of patients’ data and results and sharing of such results through paper and pencil or fax. In Texas, some patients were having to wait l0 days to find out if they had been infected with coronavirus because their results were being faxed to public health officials and then entered into a database by hand. 

In their letter, the lawmakers wrote, “During an emergency such as the current pandemic, scaling up and using existing systems to the greatest extent possible can improve data collection and contact tracing efforts. We therefore ask that you and your colleagues utilize and build on existing data sources, such as electronic health record (EHR) and laboratory information management systems (LIMS), claims databases, and other automated systems to provide government leaders, public health officials, community leaders, and others with actionable, easy-to-interpret data from a wide-ranging set of sources. Data generated by contact tracing, syndromic surveillance, and large-scale testing can help inform decisions on how to safely reopen communities and bring economies back online. Modernizing and automating data collection should augment detection, testing, and contact tracing plans, while also helping to prevent and improve the management of new outbreaks.”

The bipartisan group highlighted the fact that some of these tools are already being successfully utilized in communities across the country. They noted, “Fortunately, software-based systems providing data management for state public health entities and major testing laboratories already exist, and they are more efficient and accurate while reducing the burden of excess paperwork. For example, North Carolina and Florida have taken steps to modernize and improve patients’ Covid-19 test results and other infectious disease symptoms. In Florida, nurses can register patients for Covid testing in the field using tablet computers that are connected to a HIPAA compliant cloud. By managing the patient and order requisition information electronically, lab processing time is reduced and transcription errors are eliminated.”

Joining Sens. Warner, Carper and Cassidy in sending this letter are Sens. Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Bob Casey (D-Penn.), Susan Collins (R-Maine), Chris Coons (D-Del.), Tina Smith (D-Minn.), and Thom Tillis (R-N.C.).

The letter is available here. 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $5,354,487 in federal funding to provide economic relief to the Roanoke-Blacksburg Regional Airport and the Virginia Tech Montgomery Executive Airport. The funding from the U.S. Department of Transportation (DOT) was authorized by the Federal Aviation Administration (FAA). A portion of this funding comes from the Coronavirus Aid, Relief, and Economic Security (CARES) Act supported by Sens. Warner and Kaine.

“We are glad to announce that these federal funds will go towards helping ensure that both the Roanoke-Blacksburg Regional Airport and the Virginia Tech Montgomery Executive Airport are able to continue to serve Virginians and other folks traveling into the region,” said the Senators.  

The funding will be distributed as follows:

• Roanoke-Blacksburg Regional Airport will receive $4,065,070 to reconstruct the existing Runway 6/24 lighting system, the Runway 16/34 lighting system, and the entire existing taxiway lighting system, all of which require reconstruction to meet FAA standards. This funding will also go towards reconstructing all the existing airfield guidance signs. 
• Virginia Tech Montgomery Executive Airport will receive $1,289,417 to extend Runway 12/30 to 5,500 feet to meet the operational needs of the airport.

Sens. Warner and Kaine have long fought for increased investments to infrastructure, including for Virginia’s airports, and have pushed back against the Trump Administration’s suggested budget cuts to DOT to ensure that critical upgrades like these can happen. Additionally, last year, Sen. Warner introduced a bill to strengthen the nation’s infrastructure, create jobs, and generate economic stimulus.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Maggie Hassan (D-NH) and 27 of their colleagues in calling for a full extension of school meal waivers through the end of the 2020-2021 school year so that schools have the flexibility that they need to fully serve students whether or not they are attending school in person. 

Sens. Warner, Hassan and colleagues initially made this request in July, and the U.S. Department of Agriculture (USDA) recently announced that it will agree to extend some of the school meal waivers.

“We are glad that you have extended some school meal waivers until the end of the 2020-2021 school year, and grateful that you recently extended some other waivers until December 31, 2020. However, we remain concerned by your decision not to extend all waivers for the entire 2020-2021 school year, and we urge you to correct this as soon as possible,” wrote the Senators.

The Senators raise the importance of full extension given that the economic and public health impact of the COVID-19 pandemic will clearly last beyond the end of the calendar year.

“The remaining waivers that you have not extended for the entire 2020-2021 school year are desperately needed by school meal providers across the country to ensure they have the funding, flexibility, and certainty to continue feeding schoolchildren for the entire upcoming school year. Many localities are dealing with budget shortfalls due to the economic impact of the COVID-19 pandemic, and are relying on federal assistance to keep providing meals,” wrote the Senators. “Furthermore, millions of parents have lost their jobs in the past six months and are struggling to ensure that their children have access to nutritious and healthy meals. Many families are relying on school provided meals as one of the only reliable sources of healthy food for their children.” 

The Senators also address why USDA already has the authority necessary to fully extend the critical waivers.

In addition to Sens. Warner and Hassan, the letter was sent by Senators Cory Booker (D-NJ), Richard Blumenthal (D-CT), Ben Cardin (D-MD), Tom Carper (D-DE), Bob Casey (D-PA), Chris Coons (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Kirsten Gillibrand (D-NY), Mazie Hirono (D-HI), Angus King (I-ME), Patrick Leahy (D-VT), Ed Markey (D-MA), Bob Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CT), Patty Murray (D-WA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Jeanne Shaheen (D-NH), Kyrsten Sinema (D-AZ), Tina Smith (D-MN), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

Read the Senators’ full letter below:

Dear Secretary Perdue:  

Thank you for your letter dated August 20, 2020 in response to our letter dated July 29, 2020 urging you to extend all relevant school meal waivers for the entire 2020-2021 school year. We are glad that you have extended some school meal waivers until the end of the 2020-2021 school year, and grateful that you recently extended some other waivers until December 31, 2020. However, we remain concerned by your decision not to extend all waivers for the entire 2020-2021 school year, and we urge you to correct this as soon as possible. We also write to express disagreement with your conclusion that the United States Department of Agriculture (USDA) does not have the authority to extend these waivers until the end of the next school year.

In your response to our July 29^th letter you wrote that the request to extend all of the relevant waivers “is beyond what USDA currently has the authority to implement.” This conclusion is based off an incorrect interpretation of the Families First Coronavirus Response Act (Pub. L. No. 116-127) (“FFCRA”). FFCRA clearly provided USDA with the authority to issue these waivers for the 2020-2021 school year. The only constraint that Congress imposed upon USDA’s authority to issue these waivers was the requirement in Section 2202(e) that they be issued on or before September 30, 2020. Waivers issued prior to that sunset date can still cover periods after the sunset date, including the entire 2020-2021 school year.  USDA’s previous decision to extend a number of the nationwide waivers that we mentioned in our letter until the end of the 2020-2021 school year including for the food management company contract duration, local school wellness assessment, and the fresh fruit and vegetable program parent pickup requirements – and your recent decision to extend the Summer Food Service Program (SFSP), Seamless Summer Option (SSO), and Area Eligibility Waivers until the end of this calendar year – clearly show that USDA believes it has the authority to extend these waivers well beyond the sunset date. ^[1]   

The remaining waivers that you have not extended for the entire 2020-2021 school year are desperately needed by school meal providers across the country to ensure they have the funding, flexibility, and certainty to continue feeding schoolchildren for the entire upcoming school year. Many localities are dealing with budget shortfalls due to the economic impact of the COVID-19 pandemic, and are relying on federal assistance to keep providing meals. Furthermore, millions of parents have lost their jobs in the past six months and are struggling to ensure that their children have access to nutritious and healthy meals. Many families are relying on school provided meals as one of the only reliable sources of healthy food for their children.

We urge you to reverse your decision and use the authority given to your Department under the FFCRA to extend the following waivers nationwide for the entire 2020-2021 school year: 

• Area Eligibility Waiver
• Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) Waivers
• Unexpected School Closures Waiver

We recognize the incredible effort USDA has undertaken to ensure that millions of schoolchildren in this country do not go hungry. This hard work is not yet complete and we implore you to continue working with states and use USDA’s already existing authority to provide them with the flexibility needed to enable food authorities to provide meals through USDA’s child nutrition programs. For any questions, please reach out to Andres Hoyos at Andres_Hoyos@hassan.senate.gov and Tom Koester atTom_Koester@hassan.senate.gov.  We look forward to receiving your response as soon as possible on this timely matter.

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Amy Klobuchar (D-MN), a senior Member of Senate Commerce Committee and Ranking Member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights and Chairman of the Senate Commerce Subcommittee on Manufacturing, Trade, and Consumer Protection, Senator Jerry Moran (R-KS), sent a letter to  Federal Trade Commission (FTC) Chairman Joseph Simons urging the FTC to take action to address the troubling data collection and sharing practices of the mobile application (“app”) Premom. 

Premom is a mobile app that helps users track their fertility cycles to determine the best time to get pregnant, relying on personal and private health information. As of November 2019, the app has been downloaded over half a million times, and it is one of the top search results among fertility apps in the Apple App and Google Play stores.

In addition to Sen. Warner, Sens. Klobuchar and Moran were joined by Ranking Member of the Senate Commerce Committee, Maria Cantwell (D-WA), Richard Blumenthal (D-CT), Shelley Moore Capito (R-WV), and Elizabeth Warren (D-MA).

“A recent investigation from the International Digital Accountability Council (IDAC) indicated that Premom may have engaged in deceptive consumer data collection and processing, and that there may be material differences between Premom’s stated privacy policies and its actual data-sharing practices. Most troubling, the investigation found that Premom shared its users’ data without their consent,” Klobuchar and her colleagues wrote.

The full text of the letter can be found HERE and below:

Dear Chairman Simons:

We write to express our serious concerns regarding recent reports about the data collection and sharing practices of the mobile application (“app”) Premom and to request information on the steps that the Federal Trade Commission (FTC) plans to take to address this issue.

Premom is a mobile app that helps users track their fertility cycles to determine the best time to get pregnant. As of November 2019, the app has been downloaded over half a million times, and it is one of the top search results among fertility apps in the leading app stores. To use Premom, users provide the app extensive personal and private health information.

A recent investigation from the International Digital Accountability Council (IDAC) indicated that Premom may have engaged in deceptive consumer data collection and processing, and that there may be material differences between Premom’s stated privacy policies and its actual data-sharing practices. Most troubling, the investigation found that Premom shared its users’ data without their consent. IDAC sent a letter to the FTC on August 6, 2020, to describe these undisclosed data transmissions along with other concerning allegations including conflicting privacy policies and questionable representations related to their collection of installed apps for functionality purposes.

While Premom claimed to only share “nonidentifiable” information in its privacy policy, the IDAC report found that Premom collected and shared—with three third-party advertising companies based in China including Jiguang, UMSNS, and Umeng—non-resettable unique user device identifiers that can be used to build profiles of consumer behavior. Additionally, users of the Premom app were not given the option to opt out of sharing their personal data with these advertising companies, and reports also allege that one of the companies that received user data from Premom concealed the data being transferred—which privacy experts say is an uncommon practice for apps that is used primarily to conceal their data collection practices.

While we understand that Premom has taken steps to update its app to halt the sharing of its users’ information with these companies, it is concerning that Premom may have engaged in these deceptive practices and shared users’ personal data without their consent. Additionally, there may still be users who have not yet updated the Premom app, which could still be sharing their personal data—without their knowledge or consent. 

In light of these concerning reports, and given the critical role that the FTC plays in enforcing federal laws that protect consumer privacy and data under Section 5 of the Federal Trade Commission Act and other sector specific laws, we respectfully ask that you respond to the following questions:

1.  Does the FTC treat persistent identifiers, such as the non-resettable device hardware identifiers discussed in the IDAC report, as personally identifiable information in relation to its general consumer data security and privacy enforcement authorities under Section 5 of the FTC Act?

2.  Is the FTC currently investigating or does it plan to investigate Premom’s consumer data collection, transmission, and processing conduct described in the IDAC report to determine if the company has engaged in deceptive practices?

3.  Does the FTC plan to take any steps to educate users of the Premom app that the app may still be sharing their personal data without their permission if they have not updated the app? If not, does the FTC plan to require Premom to conduct such outreach?

4.  Please describe any unique or practically uncommon uses of encryption by the involved third-party companies receiving information from Premom that could be functionally interpreted to obfuscate oversight of the involved data transmissions.

5.  How can the FTC use its Section 5 authority to ensure that mobile apps are not deceiving consumers about their data collection and sharing practices and to preempt future potentially deceptive practices like those Premom may have engaged in? 

Thank you for your time and attention to this important matter. We look forward to working with you to improve Americans consumers’ data privacy protections. 

Sincerely, 

###

WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senator Richard Blumenthal and 23 of their colleagues in calling on the Federal Communications Commission (FCC) to boost its Lifeline program to keep students connected as millions return to school both virtually and in person. Since 1985, the FCC’s Lifeline program has made basic internet and telephone service more affordable for low-income Americans and has had bipartisan support. The senators strongly criticized the FCC, under Chairman Ajit Pai’s leadership, for not only failing to make access to broadband easier for families, but also for actively undermining and destabilizing the Lifeline program.

“As millions of American families face unprecedented financial pressures and educational challenges, we urge the FCC to reverse proposed changes to the Lifeline program, take immediate steps to open its assistance to more households, and ensure that its services meet the pressing needs of families during this crisis,” the Senators wrote in a letter to FCC Chairman Ajit Pai. “We are alarmed that as students head back to class – in person or online – there is still no national plan from the FCC to secure families’ access to their educational future. This looming disaster is one product of the vast digital divide that hinders families’ educational futures, economic opportunities, and health, which FCC should vigorously bridge through Lifeline and other USF programs.”

“Regrettably, under your Chairmanship, the FCC has actively worked to undermine and destabilize the Lifeline program, which has left more families vulnerable during the pandemic by widening the learning gap and lessening household’s ability to access crucial services, such as unemployment benefits, food assistance, and health resources,” the Senators continued. “Since the first weeks of your tenure, the FCC has sought to block new broadband providers’ participation in the Lifeline program, curtail benefits in tribal areas, exclude existing carriers, rollback reforms for registering new carriers, make it harder for new applicants to subscribe, prevent carriers from offering free in-person distribution of phones, reduce incentives to enroll subscribers, and add more barriers for participating carriers and subscribers.” 

The senators called for the FCC to put in place a comprehensive plan to respond to this national crisis and to immediately take steps to implement reforms that will bridge the homework gap that has already left millions of children behind with no access to internet or connected devices. These reforms include temporarily expanding unlimited mobile data and voice minutes to consumers to keep them connected during the pandemic, closing proposed rulemakings that could create new obstacles for eligible households, pausing unnecessary standards changes that could result in disruptions to broadband access in the midst of a pandemic, and notifying Congress if additional funding is needed to support the program.  

The letter was also signed by U.S. Senators Brian Schatz (D-HI), Tammy Duckworth (D-IL), Edward J. Markey (D-MA), Dick Durbin (D-IL), Sheldon Whitehouse (D-RI), Bob Menendez (D-NJ), Tammy Baldwin (D-WI), Ron Wyden (D-OR), Ben Cardin (D-MD), Sherrod Brown (D-OH), Tina Smith (D-MN), Jeff Merkley (D-OR), Dianne Feinstein (D-CA), Amy Klobuchar (D-MN), Mazie K. Hirono (D-HI), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Jack Reed (D-RI), Bob Casey (D-PA), Chris Murphy (D-CT), Patty Murray (D-WA), and Kamala Harris (D-CA). 

Warner and Kaine have previously called for robust Lifeline and E-Rate assistance program funding to ensure Americans stay connected amid the coronavirus pandemic. In April, they joined group of 27 senators in calling on Congressional leadership to commit at least $1 billion in funding for the Lifeline program in future coronavirus relief to meet the new connectivity needs of Americans. That letter is available here. Warner and Kaine also cosponsored the Emergency Educational Connections Act, legislation aimed at ensuring K-12 students have adequate home internet connectivity and devices during the coronavirus pandemic. Additionally, Sen. Warner recently wrote a letter urging prominent tech companies to help ensure that Virginia students can properly participate in distance learning this fall. That letter is available here.

A copy of today’s full letter is available here and below.

Dear Chairman Pai,

            We write to express our profound frustration that the Federal Communications Commission (FCC) has failed to take forceful action to keep households connected during the COVID-19 pandemic. As millions of American families face unprecedented financial pressures and educational challenges, we urge the FCC to reverse proposed changes to the Lifeline program, take immediate steps to open its assistance to more households, and ensure that its services meet the pressing needs of families during this crisis.

            The COVID-19 pandemic has exposed and even reinforced the vast homework gap that has left millions of children offline because their parents cannot afford broadband internet access. Schools across the country are grappling with this digital divide as they decide whether they can safely reopen and whether virtual learning will work. According to Common Sense Media, one quarter of students nationally are at risk of being left out of the classroom because they lack broadband or connected devices, a toll that falls disproportionately and disastrously on communities of color.[1] Unfortunately, the homework gap has already had an immense cost to children during this crisis, as some students have been forced to forgo online lectures and miss important homework. We are alarmed that as students head back to class – in person or online – there is still no national plan from the FCC to secure families’ access to their educational future. This looming disaster is one product of the vast digital divide that hinders families’ educational futures, economic opportunities, and health, which FCC should vigorously bridge through Lifeline and other USF programs

            The FCC already has the ability to take immediate steps to close the homework gap and ensure that families have access to broadband. One of the FCC’s most important assistance programs, Lifeline, was established under the Reagan Administration to provide discounts for free or low cost phone services to those who qualify for other financial assistance. In the four decades since, the Lifeline program has been supported and expanded on a bipartisan basis – a resounding recognition that phone and internet access is essential for economic security, health, and family life. Lifeline has lived up to its name for millions of veterans needing telehealth services,[2] domestic violence survivors,[3] older Americans, those experiencing housing insecurity, and other vulnerable Americans. Our immense reliance on broadband during the pandemic for telework, virtual learning, social connections, and telehealth has proven the original, bipartisan vision of Lifeline.

            Regrettably, under your Chairmanship, the FCC has actively worked to undermine and destabilize the Lifeline program, which has left more families vulnerable during the pandemic by widening the learning gap and lessening household’s ability to access crucial services, such as unemployment benefits, food assistance, and health resources. Since the first weeks of your tenure, the FCC has sought to block new broadband providers’ participation in the Lifeline program, curtail benefits in tribal areas, exclude existing carriers, rollback reforms for registering new carriers, make it harder for new applicants to subscribe, prevent carriers from offering free in-person distribution of phones, reduce incentives to enroll subscribers, and add more barriers for participating carriers and subscriber. These proposals have been so extreme that they would lead to cutting off carriers serving almost 70% of Lifeline subscribers.[4] 

The FCC has also failed to complete important reforms to ease burdens on consumers and reduce fraud, such as the full implementation of the National Verifier meant to automate registration and preserve the integrity of Lifeline.[5] Lastly, carriers face continued uncertainty about the long-term stability of the program given the open FCC proposals to cut back participation and compensation for services. The consequences of this sustained assault on Lifeline are stark – less than 20% eligible households subscribe to services, as much as a 30% drop during your watch.[6] 

            The FCC should step up to tackle the profound inequities and divides that American families are struggling with during this national crisis. We appreciate that the FCC issued and extended the temporary waivers in response to the pandemic to pause usage and subscriber documentation requirements, and also appreciate that it partnered with state utility commissioners to improve public awareness of the program.[7] But, by the benchmark established during previous crises, such as Hurricane Katrina, the FCC response falls far short. Lifeline could be a reprieve for millions of households. The FCC should take the initiative to ensure that Lifeline meets the connectivity needs of households sheltering in place at home and facing financial hardship during the COVID-19 crisis. However, regrettably, you have asked your Commissioner colleagues to vote on order that would permanently alter the minimum standards for Lifeline without changes in contributions, which could potentially lead to the loss of the free Lifeline services in the middle of this pandemic.[8] We support increasing Lifeline subscribers’ data allowances during this crisis, but such increases should be backed with additional funding. At this critical moment, the FCC should provide the additional financial support needed for Lifeline subscriptions to meet the data demands of virtual classroom time, telehealth, and telework during this time.[9]

It is time for the FCC to offer a bold plan to respond to this national crisis through bolstering the Lifeline program, and the Commission does not need to wait to act. We strongly urge you to immediately take the following steps:

1. Take emergency measures to provide additional financial support to Lifeline providers during the pandemic to temporarily provide unlimited mobile data and voice minutes, and notify Congress if additional funding is needed to support such changes.
2. Extend all current FCC waivers on Lifeline usage and subscriber documentation requirements for at least a full year, until August 2021 or when we have recovered from the pandemic.
3. Close the currently outstanding Lifeline proposed rulemakings that would create new obstacles for eligible households and add unwarranted burden on carriers.
4. Pause the scheduled changes to Lifeline program’s minimum service standards until the Commission studies such impacts on the market in its upcoming 2021 State of Lifeline Marketplace Report, to avoid disruptions to customer’s services.
5. Restore the monthly subsidy to $9.25 for plans offering voice services for subscribers who value voice over data-heavy plans and pause the planned decrease in contributions for voice support.
6. Work with states to increase the automated verification of state databases with the National Verifier program by the end of this year.

Thank you for your attention to this important matter.           

Sincerely,

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) expressed deep concern with plans by U.S. Citizenship and Immigration Services (USCIS) to furlough more than 13,000 employees, including more than 750 in Virginia. In a letter, the Senators urged USCIS Acting Director Joseph Edlow to continue to pay its employees and immediately halt the planned August 30 furloughs that would financially devastate many civil servants and delay the processing of important immigration processes, including refugee petitions, as well as naturalization and green card applications.

“While we differ with President Trump’s administration on many immigration policy matters and believe USCIS could benefit from better fiscal management, USCIS civil servants should not be forced to pay the price for this administration’s choices and other agency decisions that led to the current financial state of USCIS,” the senators wrote in the letter. “As you know all too well, furloughing approximately 13,400 USCIS employees on August 30, would have disastrous effects on the livelihoods of families in the Commonwealth and across the country.  In Virginia alone, more than 750 civil servants could be left without a paycheck amidst the tremendous economic uncertainty brought on by the COVID-19 pandemic. The consequences of such furloughs would not only reverberate within their families and our region, but also within the immigrant communities USCIS serves.” 

“If USCIS were to furlough a vast majority of its workforce, this would drastically undercut the agency’s mission to facilitate lawful entry and immigration to the United States,” they continued. “People throughout Virginia and the United States count on a fully functioning USCIS, including countless immigrants who await naturalization ceremonies, employers who rely on the talent and labor of nonimmigrant workers, and vulnerable populations such as asylum seekers.”

USCIS is the federal agency that oversees immigration into the United States, adjudicating immigration benefits and processing visa petitions, as well as asylum, citizenship, naturalization, green card, and refugee applications. The agency, which is funded by the application fees paid by applicants and petitioners, faces a budget shortfall due to a 50 percent drop in applications. Reports indicate that this drop has been caused in part by the Administration’s own policies. 

Full text of today’s letter is available here and below.

Joseph Edlow

Deputy Director for Policy and Acting Director

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue NW

Washington, DC 20001

Dear Acting Director Edlow:

We are deeply concerned that the U.S. Citizenship and Immigration Services (USCIS) plans to furlough over 13,000 federal employees starting August 30, 2020. It has come to our attention that USCIS is no longer projecting a deficit for this fiscal year and can continue to pay its employees beyond the agency’s self-imposed deadline. We strongly urge you to use these funds to maintain employment for these federal workers. We are committed to work with you to prevent the impending furloughs of all USCIS employees from Virginia and across the country, and are willing to work together to find a solution to address the USCIS budget shortfall. 

We appreciate the conversations we have had with you, and the various concerns and nuances you have highlighted.  While we differ with President Trump’s administration on many immigration policy matters and believe USCIS could benefit from better fiscal management, USCIS civil servants should not be forced to pay the price for this administration’s choices and other agency decisions that led to the current financial state of USCIS.

As you know all too well, furloughing approximately 13,400 USCIS employees on August 30, would have disastrous effects on the livelihoods of families in the Commonwealth and across the country.  In Virginia alone, more than 750 civil servants could be left without a paycheck amidst the tremendous economic uncertainty brought on by the COVID-19 pandemic. The consequences of such furloughs would not only reverberate within their families and our region, but also within the immigrant communities USCIS serves.

Employees at USCIS perform critical work in processing visa petitions, asylum, citizenship, and naturalization applications, green cards and refugee applications.  If USCIS were to furlough a vast majority of its workforce, this would drastically undercut the agency’s mission to facilitate lawful entry and immigration to the United States.  People throughout Virginia and the United States count on a fully functioning USCIS, including countless immigrants who await naturalization ceremonies, employers who rely on the talent and labor of nonimmigrant workers, and vulnerable populations such as asylum seekers. 

While we remain dedicated to finding a workable solution for USCIS and its employees, we urge an immediate halt of all furloughs planned for August 30.  Federal workers and immigrant communities deserve better than the havoc that would be brought on by such furloughs. We look forward to continuing conversations with you and our Senate colleagues on both sides of the aisle to ensure we come to a solution.

Sincerely,

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) urged Virginia’s election registrars to do everything in their power to ensure that all Virginians can access their right to vote amid controversial reforms to the U.S. Postal Service (USPS) and the ongoing public health emergency. In a letter, the Senators strongly encouraged the Commonwealth’s 133 registrars to take advantage of the steps Virginia recently took to expand early voting and to ensure that no American is forced to choose between their right to vote and their health.

“We understand you are currently preparing to handle the anticipated surge in absentee voting, both in-person and by mail, and we urge you to be thoughtful about those steps, particularly in light of delays in the processing of mail as a result of changes made to the U.S. Postal Service,” wrote the Senators. “We urge you to do everything in your power to ensure that both of these important safeguards of the American franchise can be fully exercised, including by working with your local governance body to expand the number of satellite sites where in-person absentee voting is available and the number of business hours during which those sites are open.”

They continued, “The Commonwealth of Virginia has made major strides in recent years to increase access to the franchise. Prior to the current public health emergency, Virginia not only expanded early voting opportunities, but also implemented no-excuse absentee voting. We urge you to do everything in your power to ensure that both of these important safeguards of the American franchise can be fully exercised, including by expanding the number of sites where in-person absentee voting is available and the number of hours during which those sites are open.”

This letter follows the implementation of sweeping operational changes to the Postal Service that have significantly delayed mail, in what many have called an attempt by the Trump Administration to undermine mail-in voting ahead of the November election. This comes as more and more Americans look to mail-in voting and other convenience voting opportunities in order to participate in the election while staying safe during the ongoing pandemic.

In their letter, the Senators also asked the registrars to immediately alert the Senators and officials at the Virginia Department of Elections regarding any constraints in safeguarding voting, including in securing resources to organize safe polling locations or finding adequate numbers of poll workers to staff early voting sites. 

Sens. Warner and Kaine have been vocal proponents of securing Americans’ right to vote and of reversing any changes to USPS that have affected the reliability of mail delivery. Earlier this week, the Senators calledon the Postmaster General to testify before Congress and provide clear, transparent answers on service delays. Last week, they joined their colleagues in a letter asking the Postmaster General not to take any further action that makes it harder and more expensive for states and election jurisdictions to mail ballots. Sen. Warner has also demanded immediate action to ensure that Veterans and the VA can count on USPS for the timely delivery of essential prescription drugs, and he has pressed the Postmaster General regarding Virginians’ concerns about delayed mail service.   

A copy of the letter is available here and below.

There is enormous interest nationwide in the upcoming election, with record interest in absentee voting across the Commonwealth. However, the current public health emergency and recent changes to longstanding Postal Service policies have raised concerns about the ability of Americans to safely exercise their franchise through absentee balloting. We write to urge you to do as much as feasible to ensure all Virginians can access their right to vote, including taking advantage of the historic steps Virginia recently took to expand early voting.  

During the primary season, the pandemic caused delays and hazardous conditions for voters nationwide. Going forward, it is evident that substantive measures must be taken to ensure that no American must choose between their franchise and their health. The urgent need for safe voting procedures, including safe, secure alternatives to voting in-person on Election Day, has significantly increased interest in convenience voting opportunities.  

We understand you are currently preparing to handle the anticipated surge in absentee voting, both in-person and by mail, and we urge you to be thoughtful about those steps, particularly in light of delays in the processing of mail as a result of changes made to the U.S. Postal Service. We urge you to do everything in your power to ensure that both of these important safeguards of the American franchise can be fully exercised, including by working with your local governance body to expand the number of satellite sites where in-person absentee voting is available and the number of business hours during which those sites are open.

The Commonwealth of Virginia has made major strides in recent years to increase access to the franchise. Prior to the current public health emergency, Virginia not only expanded early voting opportunities, but also implemented no-excuse absentee voting. We urge you to do everything in your power to ensure that both of these important safeguards of the American franchise can be fully exercised, including by expanding the number of sites where in-person absentee voting is available and the number of hours during which those sites are open. To the extent that you face constraints in this context, including in finding adequate numbers of poll workers to staff early voting sites or securing resources to organize safe polling locations, we urge you to immediately alert officials at the Virginia Department of Elections, as well as our offices. As we approach the election, a fulsome understanding of the situation and needs across Virginia will be crucial to shaping a legislative response.

Americans are experiencing great hardship as a result of the ongoing public health emergency. For months, we have advocated for additional resources for local election officials grappling with the unprecedented voter turnout that is expected this November in the midst of a pandemic. While these requests have been ignored to this point, we hope to continue advocating for and amplifying the needs of Virginia’s elections officials during this critical time.

Sincerely,

###

WASHINGTON, D.C. – U.S. Sens. Mark R. Warner (D-VA), Mazie K. Hirono (D-HI), Bob Casey (D-PA), Kamala Harris (D-CA), and other colleagues introduced the Coronavirus Language Access Act, which expands access to coronavirus-related resources by increasing language access services and supporting culturally appropriate COVID-19 response programs to help older Americans, those who have limited English proficiency (LEP), and people with disabilities.

The pandemic has magnified language access issues and disparities in health care, as more than 25 million people in the United States have limited English proficiency—15 percent of whom are age 65 or older. For many limited English proficient individuals, their work on the front lines of the pandemic response leaves them more vulnerable and subject to greater risks of contracting COVID-19.

The Coronavirus Language Access Act would:

• Require federal agencies receiving COVID-19 funding to provide translated materials for COVID-19-related programs and opportunities within 7 business days after the English version is available.
• Require federal agencies receiving COVID-19 funding to provide oral language assistance services for COVID-19-related programs and opportunities.
• Require the head of every federal agency affected by the bill to submit a report about its compliance with the requirements of the bill to the relevant congressional Committees.
• Provide $200 million for coronavirus-related language access services – $150 million of which must be for state (including DC), Tribal, and territorial health departments and community-based organizations to support culturally appropriate coronavirus response programs.
• Require the Centers for Disease Control and Prevention (CDC) to create a coronavirus informational hotline with trained interpreters that provides COVID-19 information to the public.
• Require CDC to provide translated materials relating to COVID-19 screening, testing, treatment, and educational information to state (including DC), Tribal, and territorial agencies.
• Provide $20 million to states for Area Agencies on Aging and $10 million to states for Statewide Independent Living Councils to support older LEP individuals and LEP individuals with disabilities, respectively, in accessing COVID-19 information through partnerships with community-based organizations.

“We’ve seen that the coronavirus pandemic has exacerbated the existing disparities in our public health system. Given that communities of color have been particularly hard-hit by this crisis, we need to make sure that language is no barrier to seeking and accessing care and resources related to COVID-19,” said Senator Warner.

“Coronavirus cases in the United States have topped five million infections, and the devastation caused by the pandemic has reached every corner of our country. We must do more so that all communities – regardless of English proficiency, age, or disability – have access to the federal government’s coronavirus-related services and resources in culturally appropriate and understandable ways,” Senator Hirono said.

“The coronavirus pandemic has exposed and exacerbated many obstacles and disparities in our health care system, including language barriers,” said Senator Baldwin. “Our legislation will require the federal government to deploy culturally-appropriate coronavirus-related information and resources that are accessible for everyone, regardless of their primary language.”

“This bill makes vital COVID-19 information accessible to countless Americans who face obstacles of age, disability, or language fluency. It provides language assistance and translation services so that lifesaving facts are available to everyone. While physical distancing is essential, information distancing or isolation can be devastating,” Senator Blumenthal said.

“For too many Nevadans coronavirus-related resources like testing information, and basic updates about how to keep families safe aren’t available in their native languages,” said Senator Cortez Masto. “I’m proud to cosponsor legislation that will require federal agencies to provide accessible, translated materials for millions of hardworking Americans with disabilities or limited English proficiency, many of whom are frontline workers. Every Nevadan should be able to easily access everything from coronavirus prevention tips to information about relief programs.”

“Ensuring that individuals with disabilities and those with Limited English Proficiency have equal access to accurate, culturally appropriate, up-to-date and easily understandable information regarding federal programs, health information and services available to them is common sense, period. Amid a public health crisis like the coronavirus pandemic, when emergencies are more likely, we must uphold our commitment to civil rights by ensuring all communities have equal access to information to prevent further spread of the virus,” said Senator Brown.

“We cannot overcome this crisis until we can speak to all Americans. At the beginning of the pandemic, I launched a portal on my website with information and assistance in different languages so that all Nevadans can access the resources they need as we navigate COVID-19. But the federal government must work harder to communicate with the nearly 25 million Americans who have limited English proficiency,” Senator Rosen said. “This legislation will ensure that coronavirus-related information, services, and relief programs are clear and accessible to all. By ensuring that all Americans have access to these much-needed resources, we can help stop the spread of coronavirus in our communities and put workers and families on the road to recovery.”

“We cannot expect to end this pandemic if 25 million American s who are Limited English Proficient cannot meaningfully communicate with their health care provider or receive lifesaving public health information about COVID-19,” said Juliet K. Choi, Executive Vice President at the Asian and Pacific Islander American Health Forum. “This badly-needed legislation would address language barriers and systemic inequities by ensuring federal agencies provide translation and interpretation services, as well as provide funding to state health departments and community based organizations. We especially applaud the leadership of Senators Hirono, Casey and Harris for championing this Coronavirus Language Access Act.”

“UnidosUS is proud to support the Coronavirus Language Access Act and we thank Sens. Hirono, Casey, and Harris for their leadership in introducing this vital health equity legislation. The bill makes critical investments, including by targeting resources to trusted community-based organizations which sensitively and effectively provide services in their diverse communities. Language access is an issue that has long been a priority for UnidosUS and during a pandemic it is particularly important that the tens of millions of Americans who speak a language other than English have the information and resources they need to stay safe and healthy,” said Eric Rodriguez, Senior Vice President of Policy and Advocacy, UnidosUS.

“Older adults who are immigrants have been among the hardest hit by the COVID-19 pandemic and the hardest to reach. This legislation takes important and practical steps to ensure that everyone in our communities has the vital information and resources we all need to protect ourselves and our families,” said Kevin Prindiville, Executive Director of Justice in Aging.

“DREDF knows that LEP communities have faced many of the same communication and information barriers that have confronted Deaf, hard-of-hearing, blind and other persons with disabilities seeking COVID-19 testing and treatment. Every person in our country has been affected by this virus and we must give everyone the equal chance to understand how to avoid, fight, and recover physically and economically from it,” said Silvia Yee, senior staff attorney at the Disability Rights Education and Defense Fund (DREDF).

“Use of our native languages in accessing health care and resources, especially during these times, is a step in uplifting and empowering Native Hawaiian and Pacific Islander communities in Hawaii and across the country. Papa Ola Lokahi strongly supports the efforts of Senator Hirono and her colleagues Senators Casey & Harris in standing up for the rights of our Native peoples. E Ola Ka Olelo Hawaii!” said Dr. Sheri-Ann Daniels, Executive Director of Papa Ola Lokahi.

"The Legal Clinic is tremendously grateful for the steadfast leadership and care that our Senator Hirono, the only immigrant in the Senate, has demonstrated in filing the Coronavirus Language Access Act. This bill would ensure that those with Limited English Proficiency, many of whom are kupuna (seniors), receive the critical public health information they need to protect themselves and their families from COVID-19. With the recent spike in cases in our state and the disproportionate impact the virus has had on Pacific Islanders, especially Micronesian communities, it is imperative that every effort is made to get translated materials into the hands of trusted community leaders for further distribution and that resources are allocated to culturally-appropriate health services. We strongly urge the Senate to pass this measure and protect all people, regardless of language ability, from the deadly threat of this virus," said Amy Agbayani and Liza Ryan Gill, Advocacy Committee of The Legal Clinic Hawaii.  

“One of the most powerful ways to understand the needs of our 70,000 Medicaid members is through their own language. Navigating the coronavirus means community health plans like AlohaCare having access to culturally appropriate coronavirus-related informational materials. We commend Senators Hirono, Casey, and Harris for introducing the Coronavirus Language Access Act to provide our members and the communities we serve with essential information, services, and relief programs to meet Hawaii’s urgent needs during the COVID-19 pandemic,” said Francoise Culley-Trotman, Interim Chief Executive Officer of AlohaCare.

“It is critical for the federal government to ensure that LEP individuals have access to culturally appropriate coronavirus-related informational materials, including in written and verbal formats. For our island, Lanai, an island comprised of many immigrants, we are seeing first-hand how important use of culturally appropriate information material is to reaching various community members. All you have to do is look at the location of positive clusters – and you can clearly see there is a relationship between different cultures understanding of the virus. With this Act, we have an opportunity to address this issue and decrease exposure to the virus,” said Dr. Diana M V Shaw, Executive Director of Lanai Community Health Center.

"Language accessibility is important to ensure that everyone can understand and take advantage of the programs that the federal government has made available to the public, particularly as COVID-19 cases continue to mount. Maui Economic Opportunity touches more than 58,000 lives through various programs for early education, youth services, underserved families, entrepreneurship and business development, the incarcerated, specialized transportation, senior groups, and so many others, and additional resources properly translated into multiple languages would help us more effectively serve those in the community who need the help,” said Debbie Cabebe, Chief Executive Officer of Maui Economic Opportunity, Inc.

“The ongoing COVID-19 case surge in Hawaii underscores the critically urgent need for providing translated informational materials, language-specific hotlines, and other language access services to help curb the pandemic. Pacific Islanders have seen a dramatic rise in transmission rates in recent weeks. Over 10% of Hawaii’s population is limited English proficient, with a large number of residents born outside of the U.S. Lack of reliable science-based information in their original language places their households, their neighborhoods, and the larger community at increased risk of COVID-19 transmission. As such, the Coronavirus Language Access Act is a life-affirming response to a life-threatening pandemic that has already hit underserved populations particularly hard in Hawaii and across the nation,” said Heather Lusk, Executive Director of Hawaii Health & Harm Reduction Center.

In addition to Senators Warner, Hirono, Casey, and Harris, the bill was also cosponsored by Senators Sherrod Brown (D-Ohio), Jacky Rosen (D-Nev.), Catherine Cortez Masto (D-Nev.), Bernie Sanders (I-Vt.), Cory Booker (D-N.J.), Tammy Baldwin (D-Wis.), and Richard Blumenthal (D-Conn.).

The Coronavirus Language Access Act is supported by more than 160 national and local organizations, including the Asian & Pacific Islander American Health Forum; Asian Americans Advancing Justice | AAJC; UnidosUS; NAACP; National Immigration Law Center (NILC); Disability Rights Education and Defense Fund (DREDF); Families USA; Justice in Aging National Association of State Long Term Care Ombudsman Programs; GLMA: Health Professionals Advancing LGBTQ Equality; Center for Law and Social Policy (CLASP); Planned Parenthood Federation of America, Tahirih Justice Center, AlohaCare, Hawaii Health & Harm Reduction Center, Hep Free Hawaii, Lanai Community Health Center, Maui Economic Opportunity, Inc., NH&PI Hawaii COVID19 3R Team, Papa Ola Lokahi, and The Legal Clinic Hawaii. Click here to see the full list of supporting organizations.

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U.S. Sen. Mark R. Warner joined Sens. Jon Tester (D-MT), Ranking Member of the Senate Veterans’ Affairs Committee, and Gary Peters (D-MI), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, in demanding immediate action following reports of significant delays in veterans’ prescription medications through the U.S. Postal Service (USPS).

In a letter to Postmaster General Louis DeJoy and VA Secretary Robert Wilkie, Sens. Warner, Tester, and Peters and 28 Senate colleagues urged USPS to correct operational changes that are needlessly delaying veterans’ access to life-saving prescriptions.

“Veterans and the VA should be able to count on USPS for the timely delivery of essential prescription drugs,” the Senators wrote. “No veteran should have to wonder when their antidepressant or blood pressure medication may arrive – and the effects can be devastating if doses are missed.”

The Senators continued, “USPS needs to immediately cease operational changes that are causing mail delays so that veterans do not needlessly suffer from illnesses exacerbated by delayed medication deliveries. Those who gave so much to serve this country should be able to count on the nation’s Postal Service to deliver their medications in a timely manner.”

The VA fills about 80 percent of its prescriptions through their Consolidated Mail Outpatient Pharmacy (CMOP), which primarily uses the U.S. Postal Service to deliver to veterans’ homes. The VA CMOP fills almost 120 million prescriptions a year, with deliveries arriving daily to about 330,000 veterans across the country. According to the VA website, “prescriptions usually arrive within 3 to 5 days.” Reports from veterans and VA staff have said that recently these medications are sometimes taking weeks to be delivered and causing veterans to miss doses of vital medications.

Read the Senators’ full letter HERE.

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