WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, released the below statement:

“Our nation has a 200-year history of successful elections, followed by a peaceful transfer of power. Yesterday, the Senate Intelligence Committee received a briefing on election security from our nation’s top officials. We all know that the election process will look different this year, in light of COVID-19, and we may not know the results on election night. The Intelligence Community (IC) warned that, as a result, the period immediately before and after the election could be uniquely volatile. But we should continue to have faith in the state and local officials who are responsible for the conduct of our elections and the IC and Cybersecurity and Infrastructure Security Agency (CISA) officials who help to protect them, and make sure that all the votes are counted.  

“The President of the United States should not be aiding and abetting foreign adversaries who are working to sow doubts about the legitimacy of the American election system.”

In February 2020, the Senate Intelligence Committee released the third volume in the Committee’s bipartisan investigation into Russian election interference, “U.S. Government Response to Russian Activities,” which was approved on a bipartisan basis by the Republican-led Committee. That report included a series of recommendations for improving the security of our elections in the future, including:

(U) Sitting officials and candidates should use the absolute greatest amount of restraint and caution if they are considering publicly calling the validity of an upcoming election into question. Such a grave allegation can have significant national security and electoral consequences, including limiting the response options of the appropriate authorities, and exacerbating the already damaging messaging efforts of foreign intelligence services. (Page 45)  

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WASHINGTON – U.S. Sens. Mark R. Warner (both D-Va.) and Ben Cardin and Chris Van Hollen (Both D-Md.) held a virtual meeting Wednesday with Washington Metropolitan Area Transit Authority (WMATA) General Manager and CEO Paul Wiedefeld to review the recent, scathing audit from the Washington Metrorail Safety Commission (WMSC). The senators, all of whom are staunch advocates of federal support for Metro, expressed their frustrations and disappointment at the serious problems described in the safety review.

“We appreciated the opportunity to hear directly from WMATA about its plans for addressing problems at its Rail Operations and Control Center (ROCC) and about certain corrective actions Mr. Wiedefeld has already begun to set in motion. The current problems with the culture and operations of the ROCC that have been highlighted in the WMSC’s safety audit are detrimental to the safety of all who depend on MetroRail and are wholly unacceptable. Also troubling to us is that some of the problems had been previously identified in years past, and they have been allowed to persist without a sufficient, effective response. The challenge now before WMATA’s leadership is not only to fix the disturbing issues within the ROCC, but to demonstrate that its management team has the capability to implement meaningful, lasting improvements in organizational culture and safety. We will be following its performance closely.”

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Reps. A. Donald McEachin (D-VA) and Morgan Griffith (R-VA), demanded answers from the Federal Bureau of Prisons (BOP) regarding reports of troubling conditions at Virginia facilities amid the COVID-19 crisis. Expressing frustration with Director Michael Carvajal’s failure to respond to a letter from earlier this year, the lawmakerspressed for answers concerning an ongoing lack of personal protective equipment (PPE) and diminished quality of life for incarcerated individuals. 

“Nearly four months ago, we sent you a letter detailing the significant risks and challenges COVID-19 posed to the health and safety of staff, incarcerated individuals at FCC Petersburg and USP Lee, and the surrounding communities. We remain deeply concerned that the conditions within those facilities have failed to improve – and in many ways, appear to have deteriorated,” the lawmakers wrote. “One area of particular concern is the continued lack of adequate personal protective equipment (PPE). According to employees at FCC Petersburg, both staff and incarcerated individuals are forced to re-use supplies and masks, which presents serious health and safety risks. Given the close quarters and frequent person-to-person interaction, correctional staff and incarcerated individuals are especially vulnerable to contracting COVID-19. Lack of PPE also creates additional risk of community spread outside the facilities. Relatedly, we have learned from facility staff that showers are restricted for individuals incarcerated at FCC Petersburg, a policy which further exacerbates sanitation and hygiene issues during a global pandemic.”

“We have also received numerous reports related to other declining conditions at FCC Petersburg. It is our understanding that access to outdoor recreation, exercise facilities, and phones have been reduced due to the pandemic. We recognize the importance of limiting large group gatherings, and that coordinating these activities can present logistical, health, and safety challenges. However, it is imperative that correctional facilities find new ways to maintain and support a healthy quality of life for incarcerated individuals during this crisis,” they continued. “We have also heard disturbing reports that the food the incarcerated individuals are receiving has declined significantly in both quantity and quality, including being served spoiled food. Such conditions are unacceptable.” 

In Virginia, there are two federal correctional institutions in operation, including the U.S. Penitentiary in Lee County and the Petersburg Federal Correctional Complex. Correctional officers at Virginia’s facilities are responsible for approximately 4,144 incarcerated individuals. 

In their letter, the four members of Congress also raised concern with reports that correctional staff at FCI Petersburg continue to be denied a lunch break despite working shifts as long as sixteen hours – an issue originally raised in the lawmakers’ May 21st letter. Calling this “unacceptable and dangerous,” they encouraged Director Carvajal to institute a nation-wide break policy in order to address correctional staff’s basic needs.

Additionally, they expressed dismay regarding the transfer of incarcerated individuals between facilities, highlighting that at least one person with a positive case of COVID-19 was transferred to USP Lee. The lawmakers noted that this this lapse in judgment could result in an entirely preventable COVID-19 outbreak inside the prison, endangering staff, inmates and local communities. 

The members of Congress have advocated for vulnerable communities during the COVID-19 crisis. Earlier this year, they requested answers from Director Carvajal regarding issues at the Virginia facilities. Sen. Warner also joined his Senate colleagues in a letter to BOP and the three largest private prison operators inquiring about any policies and procedures in place to manage a potential spread of COVID-19.

Additionally, Sen. Warner and Kaine have urged the Trump Administration time and time and time again to cease the inter-state transfer of people held at immigration detention facilities during the public health crisis. 

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

Dear Director Carvajal:

We write to reiterate our serious concerns about the health and safety of staff and individuals incarcerated at Federal Correctional Complex (FCC) Petersburg and United States Penitentiary (USP) Lee, the two federal correctional facilities in Virginia, and to express our severe frustration at your failure to respond to our letter from May 21, 2020. After speaking with employees and the families of individuals incarcerated at both facilities, it is clear that the situation is worsening. According to figures shared with our offices, there are over 200 incarcerated individuals and at least 12 staff who have tested positive for the novel coronavirus at FCC Petersburg. 

Nearly four months ago, we sent you a letter detailing the significant risks and challenges COVID-19 posed to the health and safety of staff, incarcerated individuals at FCC Petersburg and USP Lee, and the surrounding communities. We remain deeply concerned that the conditions within those facilities have failed to improve – and in many ways, appear to have deteriorated.  

One area of particular concern is the continued lack of adequate personal protective equipment (PPE). According to employees at FCC Petersburg, both staff and incarcerated individuals are forced to re-use supplies and masks, which presents serious health and safety risks. Given the close quarters and frequent person-to-person interaction, correctional staff and incarcerated individuals are especially vulnerable to contracting COVID-19. Lack of PPE also creates additional risk of community spread outside the facilities. Relatedly, we have learned from facility staff that showers are restricted for individuals incarcerated at FCC Petersburg, a policy which further exacerbates sanitation and hygiene issues during a global pandemic. 

We have also received numerous reports related to other declining conditions at FCC Petersburg. It is our understanding that access to outdoor recreation, exercise facilities, and phones have been reduced due to the pandemic. We recognize the importance of limiting large group gatherings, and that coordinating these activities can present logistical, health, and safety challenges. However, it is imperative that correctional facilities find new ways to maintain and support a healthy quality of life for incarcerated individuals during this crisis. We have also heard disturbing reports that the food the incarcerated individuals are receiving has declined significantly in both quantity and quality, including being served spoiled food. Such conditions are unacceptable.   

Further, as we detailed in our letter nearly four months ago, correctional staff at FCC Petersburg continue to be denied a lunch break, despite reportedly working shifts as long as sixteen hours. This is unacceptable and dangerous. We once again encourage you to institute a break policy—not only at the Petersburg facility, but at the Federal Bureau of Prisons’ (BOP) facilities across the nation—that more appropriately responds to correctional staff’s basic needs. 

Additionally, we are particularly dismayed to learn that, despite our concerns, BOP is transferring individuals to facilities without a record of COVID-19 cases. A group of individuals was recently transferred to USP Lee, which included at least one person with a positive case of COVID-19. Such transfers are a potentially deadly lapse in judgment. USP Lee is one of the largest employers in Lee County, Virginia, and not only could this transfer result in an entirely preventable outbreak inside the prison, it is also dangerous for the public health of local community members.   

Finally, your failure to respond to our serious concerns is further heightened by the recent announcement from the BOP that facilities will allow visitations to resume in early October. While we agree that resuming visitations is incredibly important for incarcerated individuals and their families, proper protocols must be in place and followed to ensure the health and safety of the incarcerated individuals, their families, and the surrounding communities. We urge you to take all available steps to ensure vitiations can resume as soon as possible while preserving the health and safety of visitors, staff, and incarcerated individuals.

Given the magnitude of the worsening conditions at USP Lee and FCC Petersburg, we demand an immediate response to how BOP is addressing our concerns by no later than October 5, 2020. As COVID-19 continues to present a significant health challenge at FCC Petersburg and USP Lee, and the surrounding communities, we are committed to working with you to address the needs of incarcerated individuals and correctional staff. 

We appreciate your attention to these important issues impacting our constituents and look forward to your prompt response. 

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine, along with U.S. Reps. Bobby Scott, Gerry Connolly, Don Beyer, A. Donald McEachin, Elaine Luria, Abigail Spanberger and Jennifer Wexton (all D-VA), wrote a letter to President Trump requesting that he extend a moratorium on offshore oil and gas drilling to the Commonwealth of Virginia. This letter follows the President’s decision to exempt three states led by Republican governors (Florida, Georgia, and South Carolina) from his Administration’s plan to open more than 90 percent of the Outer Continental Shelf to oil and gas leasing. This, despite requests for an exemption from Virginia Governor Ralph Northam, members of Virginia’s Congressional Delegation, and Virginia’s coastal communities, whose industries would be severely impacted by the proposal. 

“In Virginia, more than 20 communities have officially voiced their opposition to offshore drilling, including the Commonwealth’s most populous cities, Virginia Beach and Norfolk. In addition, Virginia’s General Assembly passed a law earlier this year that would prohibit oil and gas drilling and related infrastructure in Virginia waters,” wrote the lawmakers. “Offshore oil and gas drilling threatens the Commonwealth’s economy, natural resources, and military assets. Virginia’s coastal communities rely predominantly on industries that would be affected by your proposal including tourism, recreation, commercial fishing, aquaculture, and deepwater port commerce. Further, the Department of Defense’s analysis has shown that oil and gas leasing off the coast of Virginia could potentially disrupt military operations, training, and testing activities critical to the U.S. military’s readiness and our national security.” 

They continued, “For these reasons and more, Virginians are overwhelmingly opposed to your administration’s proposal to expand offshore drilling off the Atlantic Coast. Virginia has been as vocal in its opposition to opening up its offshore area to oil and gas drilling as Florida, Georgia, and South Carolina. Yet, Virginia has not received the same promises as these states.” 

In 2018, the Trump Administration proposed a program to open more than 90 percent of the Outer Continental Shelf to oil and gas leasing. This program was subsequently opposed by Republican and Democratic governors all along the Atlantic seaboard. Offshore oil and gas drilling has also been opposed by more than 285 localities on the East Coast and Florida’s Gulf Coast, 2,300 elected officials, 46,000 businesses, and 500,000 fishing families along the East Coast. 

In their letter, the members of Congress noted the President’s lack of explanation for Virginia’s exclusion, and urged the President to take the concerns from Virginia coastal communities just as seriously as those in Florida, Georgia, and South Carolina. 

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

Dear President Trump:

We write today regarding your recent issuance of a Presidential Memorandum to the Secretary of the Interior extending a moratorium on offshore oil and gas drilling off the coasts of Florida, Georgia, and South Carolina until at least 2032. We are deeply concerned that a similar moratorium on offshore oil and gas drilling has not been extended to the Commonwealth of Virginia, despite requests from Virginia Governor Ralph Northam, members of Virginia’s Congressional Delegation, and Virginia’s coastal communities. 

In 2018, your administration released the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, which would have opened more than 90 percent of the Outer Continental Shelf (OCS) to oil and gas leasing including the coast of Virginia. Republican and Democratic governors along the Atlantic seaboard have indicated their opposition to this proposed plan. In addition, over 285 localities on the East Coast and Florida’s Gulf Coast, 2,300 elected officials, 46,000 businesses, and 500,000 fishing families along the East Coast have expressed their opposition to offshore oil and gas drilling.

In Virginia, more than 20 communities have officially voiced their opposition to offshore drilling, including the Commonwealth’s most populous cities, Virginia Beach and Norfolk. In addition, Virginia’s General Assembly passed a law earlier this year that would prohibit oil and gas drilling and related infrastructure in Virginia waters.

Offshore oil and gas drilling threatens the Commonwealth’s economy, natural resources, and military assets. Virginia’s coastal communities rely predominantly on industries that would be affected by your proposal including tourism, recreation, commercial fishing, aquaculture, and deepwater port commerce. Further, the Department of Defense’s analysis has shown that oil and gas leasing off the coast of Virginia could potentially disrupt military operations, training, and testing activities critical to the U.S. military’s readiness and our national security. 

For these reasons and more, Virginians are overwhelmingly opposed to your administration’s proposal to expand offshore drilling off the Atlantic Coast. Virginia has been as vocal in its opposition to opening up its offshore area to oil and gas drilling as Florida, Georgia, and South Carolina. Yet, Virginia has not received the same promises as these states. Your September 8, 2020, Presidential Memorandum, and accompanying remarks in Jupiter, FL, provided zero reasons for extending the moratorium for three states while excluding every other affected state.

Throughout this process, your Administration has emphasized the consideration and importance of the “local and state voice.” Therefore, we respectfully urge you to take the concerns from Virginia coastal communities just as seriously as those in Florida, Georgia, and South Carolina. 

Thank you for your consideration.

Sincerely, 

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WASHINGTON – Today, U.S. Sens. Mark Warner and Tim Kaine (both D-VA) announced $2,271,091.11 in federal funding from the U.S. Department of Homeland Security (DHS) to repair damages to Ringgold Rail Trail and Sandy Creek Bridge from overland and waterway flooding in Pittsylvania County. 

“The damage to Ringgold Rail Trail and Sandy Creek Bridge caused by tropical storm Michael in Pittsylvania County in 2018 has had lasting impacts for residents, travelers, and commuters in the region. The federal funds will help shoulder the cost of repairs,” said the Senators. “Investing in repairs to these historic sites will ease the burden on Virginia residents and strengthen our Commonwealth.”

The funding was awarded through the Federal Emergency Management Agency (FEMA) and authorized under Section 406 of the Robert T. Stafford Act. 

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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 – U.S. Sens. Mark R. Warner (D-VA) and Sherrod Brown (D-OH) today urged the U.S. Government Accountability Office (GAO) to report on companies’ increased use of subcontracted and contingent workers for work that used to be performed by direct employees. This leads to the creation of ‘fissured workplaces’ – environments where primary employers outsource “non-core” business functions to subcontracted firms but still maintain tight control over the outcomes of those subcontractors. This has primarily affected occupations in payroll, accounting, janitorial services, facilities maintenance, security, food preparation, among others.

In a letter, the Senators pressed Comptroller General Gene Dodaro for more information to better understand how companies’ efforts to cut costs are affecting the long term resiliency and stability of workers, and how this trend is affecting the U.S. workforce and its paths for upward mobility. 

“We suspect that fissured workplaces could be leading to an erosion of the American social contract. Employers’ use of contract and contingent workers, including subcontracted workers, independent contractors, and temporary workers, has likely contributed to the decline in employer-sponsored training,  and led to ambiguity in terms of who is responsible for providing workplace protections and who must be at the bargaining table when workers form a union,” wrote the Senators. “The implications for fewer benefits for contract workers are far reaching: for example, studies in multiple states find that temp workers experienced twice the rate of injury as permanent workers perhaps due to the fact that they are nearly twice as likely as permanent workers to have never received safety training.”

“The rise of the fissured workplace may also partially explain the significant decline in the large firm wage premium,” they continued. “Researchers find that this change is largely a consequence of large firms with over 1000 employees no longer paying above market salaries to their workers.  What’s more, others note that this decline has occurred exclusively for those at the lower and middle of the wage distribution, with no change in the wage premium for higher income earners.”

Currently, public companies are only required to report the number of full-time workers to the Securities and Exchange Commission (SEC), but are not required to report the number of contract or contingent workers, making it difficult for lawmakers to understand the extent to which public companies are now relying on these workers in order to save costs. 

This lack of public knowledge is concerning, given the benefit and wage disparities that exist between contingent workers and company employees.

“We know that fissured workplaces can lead to compensation penalties for workers in certain subcontracted occupations. For example, by the year 2000, 45% of janitors and over 70% of security guards worked as subcontractors instead of in-house employees.  While studying this phenomenon, researchers found that contracted janitors earned about 15% less than in-house janitors and, similarly, contracted security guards earned 17% less than in-house guards.  This trend is troubling and all the more important following the onset of the COVID-19 crisis – clean and safe places of work are essential and all workers are worthy of fair and competitive compensation,” the Senators noted. “Current research suggests that workers in standard work arrangements are 10% more likely to have access to health insurance than independent contractors.  That same research suggests that over 46% of full-time employees have access to a retirement plan, while only 2.3% of independent contractors and 38.3% of workers provided by a contract firm do. “

In their letter, the Senators also expressed concern about the rise in hiring of contract and contingent workers for particularly vulnerable occupations and tasks. They specifically highlighted social media companies’ high rates of reliance on these workers for work that could have significant long-term mental health consequences such as content moderation – the process of reviewing user content for adherence to company policy, a process that entails viewing disturbing online content like graphic violence, sexual predation and assault, child pornography, or other traumatic content. 

In order to understand the prevalence and address the impacts of fissured workplaces in the economy, the Senators posed the following questions for Comptroller General Dodaro:

1. Since 1980, to what extent have companies increased their use of temporary workers, subcontracted workers, independent contractors, and franchises for work that was typically done by direct employees? Is this use of alternative work arrangements typically permanent or long-term?  
   
   
2. What are the demographic characteristics of contract and contingent workers by sector? Are there any sectors in which these employment shifts have been the most pronounced? If so, what are the most common business justifications given for the use of these alternative work arrangements in those sectors and how do those justifications compare across sectors?  
   
   
3. How do the pay, benefits, schedules, access to workforce training opportunities, and job security of employees in these different work arrangements compare to the pay, benefits, schedules, access to workforce training opportunities, and job security of employees that are direct employees of the companies? How have these differences changed over time and to what extent have they contributed to reduced paths to upward mobility in the American economy?
   
   
4. For contingent workers at large employers, how long do typical contingent workers work in each “gig” and how long does it typically take workers to find another “gig”? Are there typically pathways for workers who are temporary staff, subcontracted, or independent contractors to become full-time, direct employees of the companies? 
   
   
5. What are the estimated business savings to a company who uses temporary workers, subcontracted workers, and independent contractors?

6. What are the long-term effects of contingent work in areas such as content moderation on workers’ future employment, psychological well-being, and physical health and does this work create costs or externalities borne by state, local, or federal governments? What are some potential long-term consequences for economic security for workers in contract and contingent work arrangements?
   
   
7. Are there comprehensive federally available data to track companies’ use of alternative work arrangements? If so, what are the data sets, how often are the data collected, how comprehensive are the data sets, and what gaps remain?  Does GAO have any policy recommendations for improving data collection on these employment trends?
   
   
8. What private data are available to track these trends?
   
   
9. In the technology sector, please use any private data, including private data provided by companies in that sector, to provide additional analysis of the use of these alternative work arrangements and assessment on the impact to employees’ pay, benefits, schedules, and job security. Additionally, to what extent do workers take on contract-based work with a hiring preference for full-time direct employment and an expectation that contract-based work will turn into a direct employee opportunity? 
   
   
10. Have these types of workers faced any additional economic hurdles brought about by COVID-19, such as greater likelihood of being laid off, furloughed, or reduced access to benefits, including employer-provided health insurance?

Sen. Warner has been an outspoken advocate of investing in workers and ensuring they are adequately equipped to participate in the 21st century labor force. Earlier this year, he called on the SEC to establish an Environmental, Social, and Governance (ESG) Task Force following a GAO report that revealed investors pursue reporting of non-financial indicators covering a company’s environmental, social, and governance practices. The report was a direct result of Sen. Warner’s efforts to get more details on the extent to which firms currently report on ESG issues, and whether Congress and the SEC should act to require such disclosures. 

Last year, the SEC announced a proposed Regulation S-K rule following advocacy by Sen. Warner, who previously urged the Commission to heed the calls of investors and utilize its rulemaking authority to require companies across the board to provide further details relating to human capital management. Sen. Warner has also sent a letter requesting that the SEC require companies to disclose specific metrics in addition to human capital resources, measures, and objectives. In May, Sen. Warner along with U.S. Rep. Cindy Axne (D-IA) urged the SEC to require that human capital management information is made publicly available in a timely and accurate manner to help determine whether a company will be successfully able to weather risks following the COVID-19 crisis – a critical issue for investors and the overall economy.  

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

Dear Mr. Dodaro:            

In the past several decades, large companies have faced increased pressure from short-term oriented shareholders and executives to cut costs and increase efficiency. As the onset of the COVID-19 crisis has demonstrated, this focus on hyper efficiency has come at the cost of long term resiliency for many. David Weil at Brandeis University notes that companies have – in many cases – responded to short-term pressures by increasingly focusing on “core business” functions, outsourcing competencies perceived as less essential or valuable to subcontractors.^[i] In practice, this meant that certain tasks and occupations in payroll, accounting, janitorial services, facilities maintenance, security, food preparation, and others, would no longer be done or performed by in-house employees of the company. Instead, these tasks might still be completed by workers in the same building as core company employees, but – in reality – their compensation and benefits would be provided by a subcontractor. This type of arrangement is known as a “fissured workplace” – an environment where a primary employer outsources non-core business functions to subcontracted firms but still maintains tight control over the outcomes of those subcontractors.^[ii] It has been the subject of many articles over the years, most notably Neil Irwin’s in the New York Times titled, “To Understand Rising Inequality, Consider the Janitors at Two Top Companies, Then and Now,” outlining the stark differences in paths for upward mobility between a janitor at Kodak in the 1980s and a janitor at Apple today.^[iii] 

We know that fissured workplaces can lead to compensation penalties for workers in certain subcontracted occupations. For example, by the year 2000, 45% of janitors and over 70% of security guards worked as subcontractors instead of in-house employees.^[iv] While studying this phenomenon, researchers found that contracted janitors earned about 15% less than in-house janitors and, similarly, contracted security guards earned 17% less than in-house guards.^[v] This trend is troubling and all the more important following the onset of the COVID-19 crisis – clean and safe places of work are essential and all workers are worthy of fair and competitive compensation. We should know more about the extent to which this disparity in compensation is prevalent in other subcontracted occupations and across sectors.  

 We suspect that fissured workplaces could be leading to an erosion of the American social contract. Employers’ use of contract and contingent workers, including subcontracted workers, independent contractors, and temporary workers, has likely contributed to the decline in employer-sponsored training,^[vi] and led to ambiguity in terms of who is responsible for providing workplace protections and who must be at the bargaining table when workers form a union. Current research suggests that workers in standard work arrangements are 10% more likely to have access to health insurance than independent contractors.^[vii] That same research suggests that over 46% of full-time employees have access to a retirement plan, while only 2.3% of independent contractors and 38.3% of workers provided by a contract firm do.^{[viii]; [ix]} Additional reports from the National Employment Law Project suggest that the differences are stark for certain types of contract and contingent workers: potentially only 12.8% of temporary help agency workers, 28.2% of on-call workers, and 41.3% of workers provided by contract firms have access to employer-provided health insurance compared to a majority of direct employees.^[x] The implications for fewer benefits for contract workers are far reaching: for example, studies in multiple states find that temp workers experienced twice the rate of injury as permanent workers perhaps due to the fact that they are nearly twice as likely as permanent workers to have never received safety training.^[xi]

The rise of the fissured workplace may also partially explain the significant decline in the large firm wage premium. For most of the 20^th century, large firms paid higher wages than smaller firms, even after controlling for the quality of the worker, across many countries.^[xii] In fact, they were an important way to mitigate labor market wage inequality – less-educated workers received a higher wage premium from working for large firms than more-educated workers.^[xiii] In the past few decades, however, the average worker earnings premium for a large firm has fallen from 47% in 1980 to 20% in 2013.^[xiv] Researchers find that this change is largely a consequence of large firms with over 1000 employees no longer paying above market salaries to their workers.^[xv] What’s more, others note that this decline has occurred exclusively for those at the lower and middle of the wage distribution, with no change in the wage premium for higher income earners.^[xvi] We don’t know why this is occurring, but researchers suggest this may be a result of changing norms^[xvii] around acceptable compensation for workers at the lower end of the wage distribution and fissured workplaces.^[xviii] Since large firms are not required to disclose information about workers that are not considered employees, it is possible that the large firm wage premium is even lower than what scholars have found.

Increasingly, essential functions routinely completed by full-time employees are being relegated to contract and contingent work. Companies such as Google rely on lower-paid contractors even for software development.^[xix]According to investigative reports and accounts from those with access to internal company databases, the total number of contractors at Google outnumbered direct employees in 2018.^[xx] Those same reports suggest that, in some cases, those lower-paid contractors were performing work often indistinguishable from functions completed by direct employees^[xxi] without access to the same benefits and compensation. Contractors are also reportedly prevalent at other tech giants, such as Apple, Facebook, and YouTube, similarly without access to the same worker benefits as traditional employees.

While reports indicate that tasks typically associated with skilled labor, such as programming, are increasingly going to contractors, technology companies frequently seem to hire contract and contingent workers for particularly vulnerable occupations and tasks. At social media companies, reports find that contract workers are used at high rates for content moderation – the process of reviewing user content for adherence to company policy, which entails viewing disturbing online content that can include graphic violence, sexual predation and assault, child pornography, or other traumatic content.^[xxii] These positions frequently involve repetitive tasks, queue- and rate-based decision-making, and daily quotas.^[xxiii] While this type of work could have significant long-term mental health consequences, there are reports that moderators are often required to sign a non-disclosure agreement that prevents them from seeking outside counseling.^[xxiv] Similar to other types of subcontracted workers in other industries, reports find that content moderators suffer a wage penalty and lack the employment benefits of their in-house counterparts.^[xxv] At Facebook, for example, starting salary for a content moderator is only 14% of the median full-time employee salary.^[xxvi]

Understanding the full extent of the fissured workplace is a difficult task. Though public companies are required to report the number of full-time workers to the Securities and Exchange Commission, they are not currently required to report the number of contract or contingent workers. Often in household surveys, workers will incorrectly classify themselves as employees of the primary firm when, in reality, they work for a subcontractor or as independent contractors.^[xxvii] This misunderstanding may help partially explain why scholars note an increase in self-employment through tax filings data while standard measures of self-identification in the Bureau of Labor Statistics’ surveys have not seen an increase in contract or contingent work.^[xxviii]

For policymakers to address the impacts of fissured workplaces in the economy, we need to understand how prevalent the situation is for American workers. For example, research suggests that Black and Hispanic workers are overrepresented in contract-based work, ^[xxix] which could have economic ramifications for upward mobility and financial security. To more thoroughly study the fissured workplace, scholars call for marrying business transaction data with worker data.^[xxx] Current conservative estimates suggest around 19% of the private sector workforce operates in industries with fissured workplaces.^[xxxi]Estimates that include industries with mixed use of practices could double this figure, which would suggest that working in fissured workplaces is more common today than being a member of a union was at its peak of 34% in 1956.^[xxxii]

In light of these issues, we would like GAO to report on the following:

1. Since 1980, to what extent have companies increased their use of temporary workers, subcontracted workers, independent contractors, and franchises for work that was typically done by direct employees? Is this use of alternative work arrangements typically permanent or long-term?  
2. What are the demographic characteristics of contract and contingent workers by sector? Are there any sectors in which these employment shifts have been the most pronounced? If so, what are the most common business justifications given for the use of these alternative work arrangements in those sectors and how do those justifications compare across sectors?  
3. How do the pay, benefits, schedules, access to workforce training opportunities, and job security of employees in these different work arrangements compare to the pay, benefits, schedules, access to workforce training opportunities, and job security of employees that are direct employees of the companies? How have these differences changed over time and to what extent have they contributed to reduced paths to upward mobility in the American economy?
4. For contingent workers at large employers, how long do typical contingent workers work in each “gig” and how long does it typically take workers to find another “gig”? Are there typically pathways for workers who are temporary staff, subcontracted, or independent contractors to become full-time, direct employees of the companies? 
5. What are the estimated business savings to a company who uses temporary workers, subcontracted workers, and independent contractors? 

6. What are the long-term effects of contingent work in areas such as content moderation on workers’ future employment, psychological well-being, and physical health and does this work create costs or externalities borne by state, local, or federal governments? What are some potential long-term consequences for economic security for workers in contract and contingent work arrangements?
7. Are there comprehensive federally available data to track companies’ use of alternative work arrangements? If so, what are the data sets, how often are the data collected, how comprehensive are the data sets, and what gaps remain?  Does GAO have any policy recommendations for improving data collection on these employment trends?
8. What private data are available to track these trends?
9. In the technology sector, please use any private data, including private data provided by companies in that sector, to provide additional analysis of the use of these alternative work arrangements and assessment on the impact to employees’ pay, benefits, schedules, and job security. Additionally, to what extent do workers take on contract-based work with a hiring preference for full-time direct employment and an expectation that contract-based work will turn into a direct employee opportunity? 
10. Have these types of workers faced any additional economic hurdles brought about by COVID-19, such as greater likelihood of being laid off, furloughed, or reduced access to benefits, including employer-provided health insurance?

Sincerely,

###

 WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senator Chris Coons and House Majority Whip Jim Clyburn to introduce legislation to honor and commemorate the historic sites that contributed to the 1954 landmark Supreme Court decision Brown v. Board of Education of Topeka. The bill would recognize the importance of the additional sites that catalyzed litigation in Delaware, South Carolina, Kansas, Virginia, and Washington, D.C., -- including the Robert Russa Moton Museum in Farmville – by designating them as National Park Service (NPS) Affiliated Areas and expand the Brown v. Board of Education National Historic Site in Topeka, Kansas. The legislation was crafted in partnership with the National Trust for Historic Preservation. The bill is also cosponsored by Senators Lindsey Graham (R-SC), Tim Scott (R-SC), and Tom Carper (D-DE).

“On April 23, 1951, a 16-year-old Barbara Johns led a walkout of students at the Robert Russa Moton High School in Farmville, Virginia, to protest school segregation and poor education conditions. The student-led strike in Virginia and the subsequent lawsuit became one of the five cases combined into Brown v. Board of Education.  As our country continues to grapple with the need to reckon with our past and present, it is more important than ever to highlight those Americans who time and time again have stood up and pulled our nation towards progress,” said Senator Warner. “I’m proud to join my colleagues on this bipartisan bill to expand the Brown v. Board of Education National Historic Site and recognize the vital role played by the Moton School in Farmville in ending school segregation.”

“I am proud to join this bipartisan bill to honor and protect historic sites connected to Brown v. Board of Education—a watershed case in our nation’s progress toward equality for all,” said Senator Kaine. “One of the sites that will benefit is the Moton Museum, former home of the Moton School, where Barbara Johns led a protest over the intolerable conditions for Black students. It’s so important that we preserve these sites for all to reflect on the sacrifice and patriotism of leaders like Johns, Spottswood Robinson, and Oliver Hill.” 

“The Robert R. Moton Museum is excited to join with communities involved in the historic Brown v. Board of Education of Topeka decision. In seeking to become an affiliated area of the National Park Service, we know this affiliation will allow us the opportunity to better collaborate with other communities involved in the historic Brown decision as we work to ensure that countless individuals have the opportunity to know of the courage and sacrifice that citizens made towards equality in education,” said Cameron D. Patterson, Executive Director of the Robert R. Moton Museum. “The Moton Museum Board of Trustees, Moton Museum Community Council, and our partner institution Longwood University in offering their support towards this effort, recognize that the resources and benefits offered from this affiliation with the National Park Service will only strengthen our ability to fulfill our mission as a museum.”

The 1954 Supreme Court decision in Brown v. Board of Education of Topeka was described by constitutional scholar Louis H. Pollak as “probably the most important American government act of any kind since the Emancipation Proclamation.” The Brown decision transformed the United States, striking down the separate-but-equal doctrine established by Plessy v. Ferguson in 1896. The Plessy decision was the linchpin that condoned and entrenched legalized segregation across the South despite liberty and equality protections clearly stated in the U.S. Constitution and underscored by the 14^th and 15^th Amendments.   

These laws stayed in placed for nearly 100 years after Reconstruction, but pioneering civil rights lawyers Charles Hamilton Houston, Thurgood Marshall, William Hastie, Constance Baker Motley, Louis Lorenzo Redding, and others challenged the constitutionality of segregation and won. The Brown decision ended the practice of legalized segregation in educational facilities and was a major catalyst of the Civil Rights Movement of the 1950s and 60s.  

The history of Brown v. Board of Education is represented in our national consciousness by a single building, Monroe School, which is a National Historic Site located in Topeka, Kansas. This limited geographic scope condenses public memory of these events and inadvertently fails to recognize the contributions of the other communities in Claymont, Delaware; Hockessin, Delaware; Wilmington, Delaware; Summerton, South Carolina; Farmville, Virginia; and the District of Columbia that were also important to the fight for equality and that saw their cases consolidated with the Brown case. The geographic dispersion of these locations demonstrates that Brown v. Board of Education is truly a story of a national struggle with national significance.

The creation of NPS Affiliated Areas in Delaware, Virginia, and the District of Columbia for sites associated with the Brown v. Board of Education case and an expansion of the Brown v. Board of Education National Historic Site to include the related sites in South Carolina provides an opportunity for these sites to tell their own uplifting, under-recognized stories of students, parents, and their allies who helped shape American society. 

Enactment of this legislation has the potential to appropriately recognize the sites associated with the other four court cases and help them to combine current uses with preservation and public education.  In collaboration with local partners and other stakeholders, the National Trust will continue their collective work to bring recognition to communities that fought for school integration, helping these sites to tell their own history of the Brown v. Board of Education case and make connections to other communities engaged in the fight for educational equity, past and present.  

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), former technology entrepreneur and Vice Chairman of the Senate Intelligence Committee, today raised alarm regarding the need to protect education infrastructure from cyber-attacks following a ransomware incident at Fairfax County Public Schools, the largest school system in Virginia.

In a letter to Education Secretary Betsy DeVos, Sen. Warner urged the U.S. Department of Education to develop guidance and disseminate best practices for K-12 schools and institutions of higher education and to work with school districts to develop a comprehensive, risk-based funding request from Congress. 

“A ransomware attack on a school system in normal times can be disruptive and costly; in the context of a global public health emergency, with unprecedented reliance on remote learning, it is debilitating,” wrote Sen. Warner. “Sophisticated cyber-attacks and more opportunistic forms of malware, like ransomware, are widespread today and require sustained vigilance. Defending against these persistent attacks requires a consistent and holistic approach. The public sector is particularly at risk given constrained state and local budgets.” 

“I recommend providing schools with guidance that includes awareness campaigns, risk management, threat mitigation, cybersecurity posture reviews, and resiliency. Awareness campaigns for both educators and students can focus on the importance of recognizing threats, such as phishing attacks, ransomware, malware, and social engineering methods. Regular evaluations can determine the effectiveness of awareness campaigns to address any gaps. Threat mitigation includes developing sufficient safeguards to ensure data security and access control,” he continued. “Detection capabilities are also needed to continuously monitor for anomalies and cybersecurity events. Schools should review these capabilities, plus their readiness to respond and recover from attacks. For example, tabletop exercises can validate processes and test procedures used before, during, and after an attack. Cyber resiliency ensures systems have an ability to continue operating in case of attack, while full restoration takes place. Many of these objectives will require new funding from Congress, particularly in the wake of the devastating impact COVID-19 has had on school system budgets.”

Fairfax County Public Schools, which serves nearly 200,000 students and employs over 24,000 employees, was recently the target of a ransomware attack that involved the theft of protected information.

In his letter, Sen. Warner pressed Sec. DeVos to work to adapt available cybersecurity guidance from the National Institute of Standards and Technology (NIST) and the Cybersecurity and Infrastructure Security Agency (CISA) to school systems. Stressing the need for robust cybersecurity education, Sen. Warner also pushed Sec. DeVos to disseminate best practices to states and localities seeking to teach cybersecurity in the K-12 setting.

Additionally, Sen. Warner urged the Department of Education to work with educators, industry, and CISA to encourage a consortium or Information Sharing and Analysis Center (ISAC) for K-12 schools to exchange cybersecurity threat information and best practices for defense that are tailored to account for capabilities and constraints of K-12 schools. 

Sen. Warner, a former technology executive, is the co-founder and co-chair of the bipartisan Senate Cybersecurity Caucus. Throughout the COVID-19 crisis, he has fought for increased cybersecurity measures as Americans have increasingly relied on internet connectivity for remote work, health, and education purposes. Among other measures, Sen. Warner has recently advocated for increased funding to modernize federal information technology, urged internet networking device vendors to ensure the security of their products, and pressed cybersecurity officials to take bolster defenses against cybersecurity attacks. He has also introduced legislation to set strong and enforceable privacy and data security rights for health information as tech companies and public health agencies deploy contact tracing apps and digital monitoring tools to fight the spread of COVID-19.

The letter is available here and text can be found below.

Dear Secretary DeVos: 

I write to you about the need for effective cybersecurity in the context of our nation’s K-12 education system. As COVID-19 has placed a strong emphasis on remote learning throughout the United States, this new normal also highlights the heightened need to protect education infrastructure from cyber-attacks, provide measurable standards, and ensure educators are equipped to manage cybersecurity risk. 

Virginia’s Fairfax County Public Schools, a local school division with nearly 200,000 students and over 24,000 employees, was recently the target of a cyber and ransom attack that included theft of protected information. While an investigation proceeds, the incident in Fairfax County demonstrates the need for schools to be prepared with cybersecurity defenses and resilience. A ransomware attack on a school system in normal times can be disruptive and costly; in the context of a global public health emergency, with unprecedented reliance on remote learning, it is debilitating.

Sophisticated cyber-attacks and more opportunistic forms of malware, like ransomware, are widespread today and require sustained vigilance. Defending against these persistent attacks requires a consistent and holistic approach. The public sector is particularly at risk given constrained state and local budgets. It is too late to wait for a cyber-attack before taking action to ensure school systems and personal data is secure and available. 

I urge the U.S. Department of Education to develop baseline cybersecurity standards for K-12 schools and institutions of higher education and to work with school districts to develop a risk-based and comprehensive appropriations request for FY2022. Many school districts do not currently have sufficient guidance to implement an effective cybersecurity program. Fortunately, there is cybersecurity guidance available that could be tailored for education. Existing cybersecurity frameworks, such as National Institute of Standards and Technology (NIST) and Cybersecurity and Infrastructure Security Agency (CISA) guidance, can be adapted and applied for our school systems. We have seen a range of sectors develop customized Framework Profiles that tailor the NIST Cybersecurity Framework to the particular risks, resources, and circumstances of a particular sector.

I recommend providing schools with guidance that includes awareness campaigns, risk management, threat mitigation, cybersecurity posture reviews, and resiliency. Awareness campaigns for both educators and students can focus on the importance of recognizing threats, such as phishing attacks, ransomware, malware, and social engineering methods. Regular evaluations can determine the effectiveness of awareness campaigns to address any gaps. Threat mitigation includes developing sufficient safeguards to ensure data security and access control. Detection capabilities are also needed to continuously monitor for anomalies and cybersecurity events. Schools should review these capabilities, plus their readiness to respond and recover from attacks. For example, tabletop exercises can validate processes and test procedures used before, during, and after an attack. Cyber resiliency ensures systems have an ability to continue operating in case of attack, while full restoration takes place. Many of these objectives will require new funding from Congress, particularly in the wake of the devastating impact COVID-19 has had on school system budgets.

In addition to protecting school infrastructure, I urge you to develop guidance and disseminate best practices to states and localities seeking to teach cybersecurity in the K-12 setting. For example, the Cyberspace Solarium Commission recommends that the U.S. Government promote professional development programs to model safe, secure, and privacy-aware internet practices in classrooms. The Commission also recommends incorporating effective digital literacy curricula in American classrooms at the K-12 level and beyond, including critical thinking and problem solving skills.  

Finally, I urge the Department of Education to work with educators, industry, and CISA to encourage a consortium or Information Sharing and Analysis Center (ISAC) for K-12 schools to exchange cybersecurity threat information and best practices for defense. Such an organization could be a counterpart to the existing Research and Education Networks ISAC that focuses on higher education. Because K-12 schools have very different missions and resources than higher education institutions, I would encourage particular attention to ensuring such efforts meet K-12 educators where they are – with information sharing, best practices, and action items tailored to account for capabilities and constraints of K-12 schools.

Our nation faces increasing cybersecurity threats on our infrastructure. As the recent Fairfax County Public Schools incident demonstrates, our schools need vigilant defenses from these threats, similar to private industries and government. Adversaries have shown a willingness to attack our education facilities, and schools must be proactive, attentive, and proficient at cybersecurity. While the nation confronts the COVID-19 public health emergency, an increased reliance on remote learning makes the need for effective threat defense paramount.  

Schools have a unique strategic role in our nation’s cybersecurity posture through educating students and tomorrow’s leaders of essential cybersecurity practices. I urge you to take necessary steps to ensure schools have adequate guidance to defend attacks and provide a cybersecurity education. Thank you for your consideration of these issues and your timely response.

Sincerely,

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-Va.), Vice Chairman of the Senate Select Committee on Intelligence, joined Senate Foreign Relations Committee ranking member Bob Menendez (D-N.J.), Senate Democratic Leader Chuck Schumer (D-N.Y.) and Senate Democrats today in introducing the America Labor, Economic competitiveness, Alliances, Democracy and Security (America LEADS) Act, Senate Democrats’ proposal for a new U.S.-China policy. 

The most comprehensive China legislation to date, the America LEADS Act seeks to recognize that only when we have a vibrant economy here at home can we truly compete with China abroad.  The legislation provides significant new investments to rebuild the U.S. economy and provide our workers, entrepreneurs, researchers, and manufacturers with the skills and support needed to out-compete China and succeed in the twenty-first century. The proposal includes over $350 billion in new funding to synchronize and mobilize all aspects of U.S. national power. This approach is grounded in getting the broader Indo-Pacific strategy “right,” centered on our alliances and partnerships, animated by America’s longstanding values, and driven by the need for a course correction, after almost four years of destruction under President Trump.

Sponsored by 11 leading Democrats, the legislation is guided by four pillars: (1) invest in American competitiveness; (2) support American alliances and partners; (3) restore and advance a values-centered foreign policy; and (4) ensure China pays a price for its predatory actions. 

“This bill takes a comprehensive look at the way Beijing has sought to challenge American national security and economic interests in the 21^st century by reaffirming the things that make us strong: our values, our alliances, our competitiveness, and our innovation. America LEADS invests in American workers, restores investments in research and development, and shores up our competitiveness in science and technology – all while keeping a commitment to human rights, multilateralism, and the rules-based international order. Importantly, America LEADS addresses China’s predatory international economic behavior, and includes measures to strengthen trade enforcement across a wide range of areas, including intellectual property, supply chains, currency manipulation, and counterfeit goods. This bill ensures China plays by the rules. I am proud to support this bill,” said Vice Chairman Warner.

“China challenges us across every dimension of power—political, diplomatic, military, economic, even cultural—offering an alternative and deeply disturbing model for global governance. Rather than tackling these challenges, President Trump’s policies have rolled out the red carpet for Beijing to reshape international institutions and establish global rules and norms that spread the influence of their authoritarian system,” said Ranking Member Menendez. “Given the shortcomings of Trump’s ‘all bluster and tactics, no strategy’ approach to China, I am proud to be joined by my colleagues in introducing this important legislation to provide an alternative path forward. The America LEADS Act will serve as a launching pad to help our nation emerge from this dark chapter of our history, truly confront the challenges China poses to our national and economic security, and once again lead from a place of strength and reverence for our highest values.”

“Bold, aggressive action is required to confront the clear and present threat China poses to our economic prosperity and national security. America cannot continue to underinvest in our workers, manufacturing communities, science, technological research, and trade enforcement or cede our leadership in the international community and expect to confront this threat,” said Leader Schumer. “The America LEADS Act counteracts the Chinese Communist Party’s predatory trade practices and aggressive military behavior, reinvigorates our alliances, and turns the tables by making essential investments in our workers, entrepreneurs, and manufacturers to ensure 'Made in America', not 'Made in China,' defines our future.”

Joining Warner, Menendez and Schumer in introducing the America LEADS Act were Senate Democratic Whip Dick Durbin (D-Ill.),  Senate Finance Committee ranking member Ron Wyden (D-Ore.), ranking member of the U.S. Senate Committee on Banking, Housing, and Urban Affairs Sherrod Brown (D-Ohio), Senate Committee on Health, Education, Labor and Pensions Ranking Member Patty Murray (D-Wash.), Senate Armed Services Committee ranking member Jack Reed (D-R.I.), Senator Amy Klobuchar (D-Minn.), Senator Chris Van Hollen (D-Md.), and Senator Jeanne Shaheen (D-N.H.).

“Whether pursuing erratic, poorly thought out trade policies that hurt our farmers, cozying up to yet another dictator, ignoring the threat of COVID-19, or denying climate change, the Trump Administration has demonstrated an utter lack of strategic vision when it comes to China,” said Democratic Whip Durbin.  “In four short years, our farmers and manufacturers have lost markets for their goods.  China has rolled back democracy in Hong Kong and run internment camps for Uyghurs.  And China has made diplomatic and economic inroads around the world and on our doorstep.  This bill lays out a coherent approach to China — working together where possible, standing up for human rights and democracy, and looking out for the American worker.” 

“Making sure the playing field with our global trading partners is level and fair couldn't be more important to people in Washington state, and today we’ve laid out a strong path forward to ensure that our nation’s policy towards China reflects the best interests of American workers, families, and businesses--as well as the interests of our allies worldwide and within the Indo-Pacific region. The America LEADS Act would bolster our competitiveness and innovation, support local economies and jobs, strengthen trade enforcement against China, and take needed steps in support of human rights and freedoms. We need clear-eyed, thoughtful, and strong leadership in dealing with China and that’s exactly what these policies demonstrate,” said Ranking Member Murray. 

“Taking on China’s decades of cheating on trade takes more than bluster and empty promises – it requires a strategy to confront every aspect of the Chinese government’s malicious behavior. America LEADS would make sure the U.S. government has the plan and the tools to stand up to China’s economic aggression and ensure a level playing field for American workers, families and communities,” said Ranking Member Wyden. 

“The Trump Administration’s feckless and haphazard response to China has allowed China’s diplomatic, military, economic, and political power to grow in ways that are undermining American national interests and those of our allies,” said Ranking Member Brown. “We need a comprehensive, long-term strategy on China. But there are also steps we must take in the urgent short term- The America LEADS Act is a good first step by allowing us to respond directly to aggressive Chinese behavior with a full range of political, diplomatic, and economic tools.”  

“America needs a better strategy when it comes to China.  President Trump’s chaotic efforts have made that task even more challenging, but with this bill we’re starting the process of highlighting an effective strategy based on smart investments in U.S. workers and companies, building our competitive advantages over China, and increasing alliances to address China rather than thrashing alliances as Trump has,” said Ranking Member Reed. 

“China is our most complex bilateral relationship and our greatest geopolitical challenge. But instead of strategically competing with China, President Trump has stumbled between praising Chinese President Xi’s brutality and imposing haphazard penalties. To protect our interests, we need a comprehensive plan that invests in key American industries, cracks down on the theft of our cutting-edge technologies, and bolsters our security footprint abroad. This proposal does just that. I was proud to author a number of provisions in this sweeping package – including the Protecting American Intellectual Property Act and the Holding Foreign Companies Accountable Act – and I urge my Senate colleagues to take action on this proposal immediately,” said Senator Van Hollen. 

“When it comes to countering China, the U.S. must level the playing field by leading with our like-minded allies abroad and providing our businesses and innovators with the tools they need to compete,” said Senator Shaheen. “The Trump administration’s ‘America Alone’ approach is failing. This legislation recognizes the critical importance of our alliances with other democracies and recommits to our values of freedom and human rights. It also strengthens the United States and empowers the American worker by investing in American ingenuity. This legislation creates American jobs, supports domestic manufacturing, and will help prevent China from stealing our intellectual property. Mitch McConnell should bring this legislation to the floor as soon as possible to send a message to China and the world that the United States is ready to stand up to China’s predatory behavior.” 

The America LEADS Act also includes provisions that strengthen America’s diplomatic, economic, military and soft power posture in the Indo-Pacific and around the globe; promote democracy, human rights, and the rule of law; and safeguard our nation’s innovation and creativity from China’s predatory trade and economic practices.  Most importantly, the America LEADS Act takes significant steps to replenish the sources of our competitiveness at home, with big investments in American workers, education, scientific research and our nation’s industrial base.

A Summary of the America LEADS proposal can be found HERE and below.

"This legislation shows that Democrats know how to lead on the thorny issues presented by China's actions in the economic and security spheres," said AFL-CIO President Richard Trumka. "The Trump administration has failed miserably, and it is time for an approach based on cooperation with our allies and investing in our economy to promote job creation."

“Workers need Congress to prioritize the creation of domestic jobs, Sens. Schumer and Menendez took a strong step forward to reshoring, rebuilding, and securing our domestic supply chains with the America LEADS Act,” said United Steelworkers President Tom Conway.

“Global competition, especially from China, for leadership in the advanced-technology industries critical to powering American economic prosperity intensifies daily. The America LEADS Act represents a comprehensive geostrategic response, bolstering all elements of America’s national power, to meet this challenge,” said President of the Information Technology and Innovation Foundation Rob Atkinson. “This vital legislation significantly boosts federal R&D funding; expands science, technology, and innovation programs; bolsters manufacturing-support programs like Manufacturing USA and MEP; restores the defense industrial base; significantly increases federal investment in STEM and workforce training programs; and calls for expanding alliances with like-minded nations in the Indo-Pacific region. America LEADS is the legislation America urgently needs right now if it’s to remain competitive into the future, and it merits full bipartisan support and timely passage.”

The America LEADS Act

·       Invests in American workers and restores United States’ competitiveness in science and technology, manufacturing, global infrastructure, digital technologies, and global clean energy development, by increasing federal funding for research and development, including investment to lead in the development and production of new and emerging technologies like 5G, quantum, and artificial intelligence that will define the twenty-first century, taking action to strengthen domestic supply chains, and providing support for domestic manufacturing industries like seminconductors. 

·       Confronts China’s education and influence campaigns by requiring new reporting requirements and invests in registered apprenticeships, training, and STEM education programs with a focus on building a diverse and inclusive innovation and manufacturing workforce for the 21^st Century.

·       Renews and reorients the United States’ diplomatic strategy towards China centered on America’s commitment to its allies around the world and in the Indo-Pacific region, including Japan, South Korea, the Philippines, Australia, Thailand, and Taiwan, and calls for the United States to reassert its leadership within regional and international organizations, like the World Health Organization and the G7.

·       Reaffirms America’s strong security commitment in the Indo-Pacific and a forward-deployed posture in the region to ensure that all nations can exercise their rights in the region’s international waters and airspace, and directs the United States to provide additional assistance and training to countries under the Indo-Pacific Maritime Security Initiative. The bill also provides regional strategies to confront malign PRC influence in the Western Hemisphere, South and Central Asia, Africa, the Arctic region, and the Middle East and North Africa.

·       Invests in our values, authorizing a broad range of efforts to support human rights and civil society measures, especially as they relate to Tibet, the Xinjiang Uyghur Autonomous Region (XUAR), and Hong Kong, including allowing certain Hong Kong citizens and residents of Xinjiang to apply for admission to the United States.  The bill also directs the President to report foreign persons identified for engaging in and facilitating forced labor in China and to apply sanctions to Chinese officials complicit in human rights violations. 

·       Focuses on countering and confronting China’s predatory international economic behavior, and includes measures to strengthen trade enforcement across a wide range of areas, including intellectual property, supply chains, currency manipulation, and counterfeit goods.

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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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