WASHINGTON — U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) reintroduced legislation to protect federal workers and their families from foreclosures, evictions, and loan defaults during a government shutdown or debt default. The Federal Employee Civil Relief Act would enable government employees and contractors to postpone payment obligations during a shutdown or debt default and for 30 days afterward.

“During the government shutdown under President Trump, we spent lots of time with government employees who often broke down crying because they didn’t know how they were going to put food on the table or keep a roof over their family’s heads,” said the Senators. “Some people in Congress treat government shutdowns or the threat of a debt default like political games, but to federal workers and their families, the consequences can be grim and all too real. This legislation will help shield federal employees and their families from those in Congress who think it’s good politics to stop paying our bills by shutting down the government or defaulting on our debt.”

During the December 2018 government shutdown, many federal workers received a pay stub with zero dollars on it. This bill addresses the real threat of federal workers and contractors losing their homes, falling behind on student loans and other bills, having their car repossessed, or losing their health insurance because they have been furloughed during a shutdown or required to work without pay. The Federal Employee Civil Relief Act would protect impacted workers from:

• Being evicted or foreclosed;
• Having their car or other property repossessed;
• Falling behind in their student loan payments;
• Having negative effects on their credit history;
• Falling behind in paying their bills; or
• Losing their insurance because of missed premiums.

This protection would last during a shutdown and debt default and 30 days afterwards to give workers a chance to keep up with their bills and would enable these workers to apply to a court to temporarily postpone payment obligations or eviction or foreclosure actions.

During the longest government shutdown in U.S. history in 2019, Sens. Warner and Kaine took a series of actions to protect affected workers, including guaranteeing back pay for federal employees, urging back pay for contractors, introducing budget amendments to protect federal workers, and urging OPM to prevent the termination of dental and vision insurance for federal employees. During the shutdown, Sen. Kaine objected to the Senate going out of session, which resulted in him securing passage of legislation to guarantee back pay for federal employees. He has also introduced legislation that would end Congress’ abuse of the debt ceiling and prevent a debt default by allowing the President to raise the debt ceiling subject to a congressional override.

In addition to Sens. Warner and Kaine, the Federal Employee Civil Relief Act is sponsored by U.S. Sens. Brian Schatz (D-HI), Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Ben Cardin (D-MD), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dianne Feinstein (D-CA), Mazie K. Hirono (D-HI), Amy Klobuchar (D-MN), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Alex Padilla (D-CA), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), and Elizabeth Warren (D-MA).

This legislation is supported by the American Federation of Government Employees (AFGE), Federal Law Enforcement Officers Association (FLEOA), National Federation of Federal Employees (NFFE), Federal Managers Association (FMA), International Federation of Professional and Technical Engineers (IFPTE), and National Treasury Employees Union (NTEU).

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WASHINGTON—U.S. Sens. Mark R Warner (D-VA), Chairman of the Senate Intelligence Committee, and Bill Hagerty (R-TN), a member of the Senate Appropriations Committee today sent a letter to House Speaker Nancy Pelosi and Minority Leader Kevin McCarthy urging the House of Representatives to immediately pass and send to the President’s desk—before adjourning this week—the Warner-Hagerty bipartisan legislation providing emergency security resources to protect the U.S. Supreme Court, which passed the Senate by unanimous consent yesterday.

“There is no question that the Supreme Court, its justices, their families, and court employees are under unprecedented threat, as evidenced by recent highly publicized threats against Justice Kavanaugh and Justice Sotomayor. These threats may very well become more acute in the coming weeks, as the Court concludes its term. There is no question that protecting the Court from these threats requires additional, unexpected resources in Fiscal Year 2022 (FY22),” the senators wrote.

The Supreme Court Security Funding Act of 2022, which the senators introduced last week, provides an additional $10.3 million to the U.S. Marshals Service and $9.1 million to the U.S. Supreme Court to cover unexpected, increased security costs for the remainder of Fiscal Year 2022 (FY22). If the funding is not immediately provided, the Court and Marshals Service will be forced to transfer funds from other critical functions and entities.

“Last week, Congress passed—and the President signed into law—important legislation by Senators Cornyn and Coons to increase the scope of authorized Supreme Court Police protection to include the justices’ immediate family members. There should be no question regarding whether Congress will similarly provide the resources necessary to protect the Supreme Court during this hour of need. We look forward to the House swiftly passing this legislation so that it can be enacted into law before the Supreme Court concludes its term in the next couple of weeks,” the senators concluded.

A copy of the letter can be found below.

Dear Speaker Pelosi and Leader McCarthy,

Yesterday, the Senate passed by unanimous consent the Supreme Court Security Funding Act of 2022, which we introduced last week.  This bipartisan legislation provides emergency security resources to protect the Supreme Court of the United States.  We strongly urge the House of Representatives to immediately pass H.R. 4346, as amended by the Senate, before adjourning this week, so that this time-sensitive legislation is sent directly to the President’s desk. 

The need for and urgency of this security funding is plain.  There is no question that the Supreme Court, its justices, their families, and court employees are under unprecedented threat, as evidenced by recent highly publicized threats against Justice Kavanaugh and Justice Sotomayor.  These threats may very well become more acute in the coming weeks, as the Court concludes its term. There is no question that protecting the Court from these threats requires additional, unexpected resources in Fiscal Year 2022 (FY22).  This legislation provides those necessary resources. 

More specifically, the U.S. Marshals Service has been providing around-the-clock security for the nine Justices at their homes and needs $10.3 million in additional funding to cover these costs for the remainder of FY22.  The Supreme Court needs $9.1 million to cover its increased security costs for FY22, from overtime pay for Supreme Court Police officers to mutual-aid payments to assisting law enforcement agencies and increased physical security around the Supreme Court Building.

If Congress does not immediately provide this funding, the Court and Marshals Service will have to transfer funds from other critical functions and entities, like the U.S. District Courts and U.S. Courts of Appeals.

Last week, Congress passed—and the President signed into law—important legislation by Senators Cornyn and Coons to increase the scope of authorized Supreme Court Police protection to include the justices’ immediate family members.  There should be no question regarding whether Congress will similarly provide the resources necessary to protect the Supreme Court during this hour of need. 

We look forward to the House swiftly passing this legislation so that it can be enacted into law before the Supreme Court concludes its term in the next couple of weeks. 

Sincerely,

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WASHINGTON — U.S. Sens. Mark Warner (D-VA) and Marco Rubio (R-FL) applauded the Senate passage of their Air America Act of 2021. The legislation, first introduced by Warner and Rubio in July 2020, would provide Air America employees with the federal retirement credit they earned.

“I’m very pleased to know that Air Americans are one step closer to receiving the retirement benefits and recognition they deserve for their courage during the U.S. war effort in Vietnam and Southeast Asia,” Sen. Warner said. “These individuals courageously supported troops, rescued downed American pilots and sustained casualties in the line of duty. Passing this bill is the least we can do to honor their service to our country."

“The brave men and women employed by Air America who conducted operations during the Cold War, Korean War, and Vietnam War were critical to U.S. efforts,” Sen. Rubio said. “I’m pleased that this bill has passed the Senate, and I hope the House will swiftly do the same, so that these Americans can receive the long-overdue honor and recognition they deserve.”

Air America was a wholly government-owned and operated corporation that conducted operations during the Cold War, Korean War, and Vietnam War. Their employees worked under the direct policy guidance of the White House, Department of Defense, and the Department of State while under the management of the Central Intelligence Agency (CIA).

Air America employed several hundred U.S. citizens, mainly flight crew members, and approximately 286 were killed in the line of duty while conducting covert operations in designated war zones. The last helicopter mission that rescued personnel from the rooftops in Saigon in 1975 was planned and executed by Air America and the United States Marine Corps. 

Since 2009, the declassification of CIA Agency documents confirmed that Air Americans were employees of the U.S. Government at the time of their service and entitled to federal retirement credit based on the circumstances of their employment. Congress has maintained its interest in resolving the retirement situation of Air American employees for more than 15 years. During this process, the Office of Personnel Management, the Merit Systems Protection Board, the CIA and the Director of National Intelligence have all concluded that congressional action is required.

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WASHINGTON – U.S. Senators Mark Warner (D-VA) and Marco Rubio (R-FL) reintroduced the Air America Act of 2021, bipartisan and bicameral legislation that would provide Air America employees federal retirement credit they earned. The legislation, first introduced by Warner and Rubio in July 2020, is identical to an amendment that Sen. Rubio filed to the Fiscal Year 2020 National Defense Authorization Act, and continues the Senator’s support for these Americans.

“I am proud to cosponsor this bill with Senator Rubio that will provide long-overdue recognition and retirement benefits to the brave men and women who flew for Air America,” Warner said. “Air Americans were instrumental to the U.S. war effort in Vietnam and Southeast Asia, courageously supporting troops, rescuing downed American pilots and sustaining casualties in the service of their country. Air America was on call until the very end of the war, including flying the last helicopters out of Saigon where they evacuated Vietnamese civilians and the U.S. Embassy. It is time they be honored with the recognition they deserve, and the grateful thanks of a nation.”

“The brave men and women employed by Air America who conducted operations during the Cold War, Korean War, and Vietnam War were critical to U.S. efforts,” Rubio said. “I’m proud to partner with Senator Warner, and our colleagues, to ensure that these Americans receive the long-overdue honor and recognition they deserve.”

Joining Warner and Rubio as cosponsors of the legislation are Senators Chuck Schumer (D-NY), Kirsten Gillibrand (D-NY), Jeanne Shaheen (D-NH), Dianne Feinstein (D-CA), Patty Murray (D-WA), John Cornyn (R-TX), Jacky Rosen (D-NV), Amy Klobuchar (D-MN), Mike Braun (R-IN), Bob Menendez (D-NJ), Ben Cardin (D-MD), Mike Rounds (R-SD), Bob Casey (D-PA), Chris Van Hollen (D-MD), Tina Smith (D-NM), Cory Booker (D-NJ), Mazie Hirono (D-HI), Bill Cassidy (R-LA), Josh Hawley (R-MO), Kyrsten Sinema (D-AZ), Joe Manchin (D-WV), Dick Durbin (D-IL), Catherine Cortez Masto (D-NV), Tammy Baldwin (D-WI), Jon Tester (D-MT), Tom Cotton (R-AR), and Alex Padilla (D-CA).

Representative Glenn Grothman (R-WI), and Carolyn Maloney (D-NY) introduced similar legislation in the House of Representatives.

Background: Air America was a wholly government-owned and operated corporation that conducted operations during the Cold War, Korean War, and Vietnam War. Their employees worked under the direct policy guidance of the White House, Department of Defense, and the Department of State while under the management of the Central Intelligence Agency (CIA).

Air America employed several hundred U.S. citizens, mainly flight crew members, and approximately 286 were killed in the line of duty while conducting covert operations in designated war zones. The last helicopter mission that rescued personnel from the rooftops in Saigon in 1975 was planned and executed by Air America and the United States Marine Corps.

Since 2009, the declassification of CIA Agency documents confirmed that Air Americans were employees of the U.S. Government at the time of their service and entitled to federal retirement credit based on the circumstances of their employment. Congress has maintained its interest in resolving the retirement situation of Air American employees for more than 15 years. During this process, the Office of Personnel Management, the Merit Systems Protection Board, the CIA and the Director of National Intelligence have all concluded that congressional action is required.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine applauded Senate passage of the bipartisan, bicameral spending bill to fund federal programs crucial to Virginia and keep the federal government open through 2021. The legislation also includes comprehensive measures to help Americans amid the ongoing economic and public health crisis caused by the COVID-19 pandemic. Following today’s Senate passage, the bill now heads to the President’s desk for signature. 

“For nine long months, folks waited for Congress to deliver critical relief as they watched COVID-19 further devastate their communities. Today, despite that unacceptable delay, relief is officially on its way,” said Warner. “I’m proud to have worked with a bipartisan group of colleagues to help get this legislation into shape and in the hands of House and Senate leaders. And while I know that this bill is not perfect, I’m glad to know that it will help American families weather this winter and get through the holidays.”

“While this relief should have been passed much earlier, I’m pleased to see families, small businesses, hospitals, schools, and more get the assistance they need,” Kaine said. “This legislation makes critical investments in unemployment assistance, food aid, housing assistance, and other areas to directly help those struggling amid the pandemic. Though we still have more work to do to help Americans get back on their feet, I’m relieved Congress was able to come to this bipartisan compromise and fund these priorities before the holidays.” 

The following list includes some of the priorities Warner and Kaine advocated:

• Assistance for out of work Virginians: Extends federal unemployment insurance (UI) benefits, preventing hundreds of thousands of out-of-work Virginians from losing benefits over the holidays. The senators were cosponsors of the legislation that provided the model for Pandemic Unemployment Assistance (PUA), through which more than 9 million Americans are currently receiving benefits. More recently, the Senators called on leadership to extend and add additional weeks of federal employment benefits to both PUA and the Pandemic Emergency Unemployment Compensation programs. Additionally, it gives states the option to offer additional weekly financial relief for Americans with a mix of traditional (W-2) and independent employment income who are not able to claim their full benefit, modeled after Senator Warner’s legislation.

• Stimulus checks: Includes a stimulus payment for low- and middle-income Americans; with $600 for individual filers and $1,200 for joint filers, with an additional $600 for each qualifying child in the household. Early in the crisis, Senator Kaine called for stimulus efforts to include direct payments to households. 

• Vaccines: Includes over $19 billion for vaccines and therapeutics and an additional $8.75 billion to support vaccine distribution, particularly for states and localities, to slow the spread of the pandemic and take a step towards a future where COVID-19 is managed.

• Emergency housing aid and protections: Creates a new $25 billion emergency rental assistance fund to prevent evictions during the pandemic, which will be delivered through state and local governments. Earlier this year, the Senators joined their colleagues in introducing legislation to provide emergency housing assistance for those facing potential evictions. The bill will also extend the CDC eviction moratorium to allow time for implementing the emergency housing aid.

• Relief for hard-hit small businesses and nonprofits: Provides targeted relief for small businesses struggling with the effects of the pandemic. This includes a second round of Paycheck Protection Program (PPP) forgivable loans for small businesses and nonprofits that experienced a substantial revenue decline in 2020, as well as other funds for small business relief. The Small Business Administration (SBA) is directed to provide guidance to ensure priority access for underserved communities, such as minority-owned businesses. The bill also includes grants for small businesses and nonprofits in sectors likely to continue to see substantial drops in revenue in 2021, particularly in the live entertainment sector. This aid will ensure that Virginia’s small businesses are able to stay afloat during the pandemic, keep workers on payroll, and return to job creation as COVID-19 is controlled. The Senators have been strong supporters of providing relief to small businesses, cosponsoring the Heroes Small Business Lifeline Act, which included many of the provisions in the final bill, and the Save our Stages Act, on which the live entertainment grants are modeled. 

• Targeted relief for underserved communities: Provides the largest single investment in our country's history for minority-owned and community-based lending institutions. Largely drawn from Senator Warner’s Jobs and Neighborhood Investment Act, the provision provides $12 billion to community development financial institutions (CDFIs) and minority depository institutions (MDIs) to build capital and unlock affordable access to credit for underserved and minority neighborhoods, which have been particularly hard-hit by COVID-19.

• Education Stabilization Fund: Provides $82 billion to provide emergency support to K-12 schools and higher education institutions. The legislation includes provisions of Kaine’s Coronavirus Relief Flexibility for Students and Institutions Act that allow colleges to use emergency stabilization funds to cover lost revenue and better target funds designated for colleges hardest hit by COVID-19 by requiring an application to demonstrate need. 

• Broadband: Includes $7 billion towards broadband, including $3.2 billion for an Emergency Broadband Benefit to help low-income families maintain their internet connections, $285 million to support broadband access in minority communities, and $300 million in broadband grants modeled on provisions Senator Warner drafted with bipartisan Senators. Additionally, the bill includes an extension of the deadline to use Coronavirus Relief Funds so that state and localities interested in using the money for broadband expansion have more time, as Senator Warner called for.

• Support for child care providers and families: Includes $10 billion in flexible funding for the Child Care & Development Block Grant (CCDBG) to help support child care providers and ensure that working parents have access to child care during the pandemic. The bill also includes $250 million for Head Start programs.

• Public health data modernization: Includes Senator Kaine’s Saving Lives Through Better Data Act, which will improve the nation’s public health data systems at CDC and through grants to state and local health departments to expand and modernize their systems, promoting more seamless communication, which can save lives when we’re faced with public health threats such as COVID-19. The omnibus authorizes $100 million for each of fiscal years 2021 through 2025.

• Telehealth: Includes Senator Kaine and Senator Schatz’s Expanding Capacity for Health Outcomes (ECHO) Act of 2019, which creates a grant program to evaluate, develop, and expand the use of distance health education models such as ECHO to increase access to specialty care in rural and medically underserved populations. The omnibus authorizes $10 million for each of fiscal years 2022 through 2026. The funding bill also permanently expands coverage of and payment for telehealth to treat mental health care, which is in line with Senator Warner’s CONNECT for Health Act, which Senator Kaine is a cosponsor.

• Ends surprise billing: Includes a provision to end surprise billing, something Senators Warner and Kaine have long advocated for. 

• U.S. Postal Service: Converts the CARES Act $10 billion loan into direct funding for USPS without requiring repayment. These funds will be used for operational costs and other expenses resulting from the COVID-19 pandemic. Senator Warner is a cosponsor of the Postal Service Emergency Assistance Act, which would provide USPS with significant direct funding. 

• Veterans: Provides $104.4 billion in funding for the VA, an increase of $12.5 billion over FY20 levels. This funding increase provides $2.7 billion more than the previous fiscal year for health care delivered at VA facilities nationwide. The bill provides robust funding in several areas important for Virginia veterans, including $815 million for critical VA Medical and Prosthetic research, an increase of $1.18 billion over FY20 levels for electronic health record modernization, nearly $2 billon in support of programs to prevent veteran homelessness and $312.6 million for suicide prevention.

• Infrastructure: Includes funding for key projects that were championed by Warner and Kaine to benefit Virginia’s infrastructure:

• Includes a provision pushed for by Senators Warner and Kaine to allow for the construction of a new Long Bridge on the Potomac River, which will double the capacity of the rail crossing between Virginia and D.C. The current two-track Long Bridge is the only rail bridge connecting Virginia to Washington, D.C., and it is at 98 percent capacity during peak hours, which means it is one of the most significant rail chokepoints along the East Coast. The new Long Bridge program will double the capacity of the Potomac River rail crossing by adding a second two-track bridge adjacent to the existing bridge and including a new bike-pedestrian shared use path spanning the George Washington Memorial Parkway and the Potomac River. Senators Warner and Kaine introduced the Long Bridge Act of 2020 in August to allow for this construction.
• Includes the full federal funding of $150 million for the Washington Metropolitan Area Transit Authority (WMATA) to fund critical capital investment and safety projects. In addition, the bill provides $14 billion in emergency relief for public transit agencies to continue operations during the pandemic, ensuring access to transportation for frontline workers and civil servants.
• Includes a one year extension of Community Development Block Grant funds to the City of Norfolk and other localities to build climate resilient infrastructure projects. Senators Kaine and Warner joined Senator John Hoeven in introducing S.4017 in June, which would also have provided an extension for the NDRC program.
• Includes $87.5 million for the Chesapeake Bay Program—an increase of $2.5 million from FY 2020. The Chesapeake Bay Program coordinates Chesapeake Bay watershed restoration and protection efforts, and the majority of its funds are passed through to the states and local communities for on-the-ground restoration.
• Authorizes federal funds to cover 65% of the costs associated with construction projects to address close to $1.5 billion of flood control needs in the City of Norfolk.
• Grants a critical cost adjustment to allow work to continue on the Deep Creek Bridge inChesapeake to address traffic concerns.
• Authorizes over $102.7 million in federal funds for construction of the North Landing BridgeReplacement project.
• Provides up to $9 million for the Federal Aviation Administration to continue its remote tower system pilot program at smaller airports, including the Remote Air Traffic Control Tower at Leesburg Executive Airport.

• Great American Outdoors Act: With Senator Warner’s Great American Outdoors Act now law, the FY21 omnibus affirms funding for several deferred maintenance projects in Virginia:
  • George Washington Memorial Parkway – A $207 million project to restore 7.6 miles of northern section of the GW Parkway and implement critical safety measures. The Senators have long advocated for federal funding for this project for several years as seen here and here.
  • Shenandoah National Park – A $27 million project to pave and restore nearly 50 miles of Skyline Drive and various overlooks. Shenandoah will also receive nearly $3.5 million to remove unnecessary buildings and restore greenspace within the park.
  • Colonial National Historical Park – A $16.5 million project to restore nearly 5 miles of shoreline along the York River.

• FBI Headquarters: Provides no funding for a new FBI headquarters and includes language that encourages General Services Administration (GSA) to provide a new prospectus, particularly after the Trump Administration abruptly abandoned plans to develop a new campus headquarters for the FBI. Earlier this year, Senators Warner and Kaine opposed an attempt in an earlier Republican COVID-19 relief package that would have provided $1.75 billion for construction of a new FBI HQ in its current downtown D.C. location.  

• Miners’ Benefits: Extends the funding for the Black Lung Disability Trust Fund until the end of 2021 by extending the tax on mining companies that helps fund the program. Both Kaine and Warner introduced the Black Lung Benefits Disability Trust Fund Solvency Act calling on Congress to extend the excise tax through the end of 2030.

• Shipbuilding & MILCON funding: Provides $23.27 billion for shipbuilding for 10 battle force ships including full funding for a second Virginia-class submarine, which Senators Warner and Kaine personally advocated for. The bill also appropriates $237 million for 6 MILCON projects in Virginia, including:
  • Humphreys Engineer Center, Training Support Facility (Army) - $51m
  • Norfolk, E-2D Training Facility (Navy) - $30.4m
  • Norfolk, Corrosion Control and Paint Facility (Navy) - $17.671m
  • Joint Base Langley-Eustis, Access Control Point Main Gate with Land Acquisition (Air Force) - $19.5m
  • Joint Expeditionary Base Little Creek-Story, Operations Facility and Command Center (Def-Wide) - $54.5m
  • JEB Little Creek-Story, NSWG Facilities (Def-Wide) - $58m
• Federal contractors: Senators Warner and Kaine also pushed to extend a provision from CARES (3610), which allows contractual adjustments for a paid leave program, allowing contractors to keep employees on the payroll if federal facilities close due to the pandemic – an important provision for our defense industrial base and cleared national security workforce. 

• Foster care and homeless youth: Includes key provisions of Senator Kaine’s bill with Senator Murray and Senator Portman, the Higher Education Access and Success for Homeless and Foster Youth Act, to remove barriers to financial aid for students experiencing homelessness or students formerly in foster care by easing the application and determination for becoming eligible for aid. The bill also includes language allowing foster youth to remain in the system until October 1, 2021, regardless of their age—a move that Senators Warner and Kaine called for in a recent letter to the administration.

• Funds Childhood Disease Research: Provides $12.6 million for the Gabriella Miller Kids First Pediatric Research Program to conduct pediatric cancer and disease research. The Senators worked to enact the legislation authorizing this program, named for 10-year-old Gabriella Miller of Loudoun County, who passed away from cancer in October of 2013.

• Supporting working students and families: Includes key provisions of Senator Kaine’s bill with Senator Baldwin, the Working Students Act, to reduce the “work penalty” that many students who work while attending school face. Currently, students who work while attending school often are eligible for less financial aid due to their work income. The appropriations bill enacts a 35% increase for working students and 20% increase for families to the income protection allowance (IPA), shielding more of their income from reducing their financial aid.

• Student Loan Repayment: Extends an important change to existing tax policy allowing employers to use pre-tax dollars to help pay down employees’ student debt until 2025 – a provision modeled after Senator Warner’s bipartisan Employer Participation in Repayment Act to help more than 44 million Americans with student loan debt.

• Ashanti Alert: Includes $1 million in federal funding to help with the nationwide implementation of the Ashanti Alert system. Following the abduction of 19-year old Ashanti Billie, who did not meet the criteria for an Amber or Silver Alert, Senator Warner secured unanimous passage of this national alert system through the Senate on December 6, 2018, and has been a leader in the fight to implement the Ashanti Alert nationwide ever since.

• Nutrition: Provides $13 billion in nutrition assistance, including a 15 percent increase in SNAP benefits through June 30, 2021 for all SNAP participants. Excludes unemployment compensation from being counted as income for the purposes of calculating SNAP benefits and eligibility. Provides $400 million for food banks through The Emergency Food Assistance Program.

• Farmers: Provides $13 billion for direct payments, purchases, and loans to producers who have suffered losses due to the pandemic, including funds to support the food supply chain through food purchases, donations to food banks, and support for local food systems. Additionally, it includes $5 billion for supplemental payments to row crop producers; $3 billion for supplemental payments to cattle producers and contract growers of livestock and poultry, dairy farmers, and producers who were forced to euthanize livestock or poultry; $225 million for producers of specialty crops; and $1.5 billion to purchase food for distribution to those in need.

• Timber Harvesting/Hauling: Provides up to $200 million to support timber harvesting and timber hauling businesses impacted by COVID-19. 

• Dairy: Provides up to $400 million for a Dairy Product Donation Program, modeled after the 2018 Farm Bill pilot program to facilitate the donation of dairy products and minimize food waste. 

• Textiles: Allows USDA to make payments to users of upland cotton and extra-long staple cotton.

• Fisheries: Provides $300 million in assistance to help fisheries mitigate COVID-19 related impacts. 

• Water Utility Bill Assistance: Provides $638 million for a new program to help low-income families cover the costs of drinking water and wastewater utility bills by making funds available to states and Tribes. These localities will provide dollars to owners or operators of public water systems or treatment works to reduce arrearages and rates for low-income households.

• Appalachian Regional Commission: Includes a record $180 million for the Appalachian Regional Commission, an increase of $5 million from FY20.

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WASHINGTON, D.C. – U.S. Sen. Mark R. Warner (D-Va.) joined Sens. Bob Menendez (D-N.J.), Sherrod Brown (D-Ohio) and Elizabeth Warren (D-Mass.) in  a letter to the Office of Management and Budget (OMB) opposing the implementation of President Trump’s recent Executive Order prohibiting federal agencies, contractors and grant recipients from using workplace diversity and inclusion trainings that promote “divisive concepts.”

In an OMB memo, Director Russell Vought said trainings that include terms such as “systemic racism”, “white privilege” and “unconscious bias” are likely included in that prohibition. As a result, many entities, including hospitals, community health centers, colleges and universities, and non-profit organizations that hold contracts with the federal government have cancelled or delayed their trainings. 

“The Executive Order and the Administration’s implementation actions to date are already stifling much-needed efforts in our states to reduce racial and sex-based discrimination. There is widespread uncertainty regarding the scope of the Executive Order, and some entities have cancelled their diversity and inclusion trainings altogether out of fear of losing federal funding,”the Senators wrote in a letter to OMB Director Vought. “Given that the ongoing COVID-19 pandemic has exposed our nation’s stark racial inequities and other health disparities, the Administration should focus on reducing racial and sex-based discrimination rather than engaging in ill-informed political stunts. We urge you to immediately halt your efforts to implement this propagandist and deeply harmful Executive Order.”

The lawmakers pointed out that legitimate diversity and inclusion training “would not promote repugnant ideas such as the ‘inherent superiority’ of a particular race” and that a training that promoted those ideas are already illegal under longstanding anti-discrimination laws. The Senators then slammed the Administration for showing a complete disregard and misunderstanding of the racial equity movements in the country. 

“However, by equating the acknowledgement of unconscious bias or systemic racism with claims of racial superiority, the Administration is purposefully sowing confusion and fear about our country’s growing diversity and recent political movements in support of racial equity,” the lawmakers wrote. “By creating vague and illogical requirements, the Administration is effectively discouraging entities from offering diversity and inclusion trainings altogether, which we fear is the underlying goal of this misguided effort.”

The letter was also signed by Sens. Ed Markey (D-Mass.), Ron Wyden (D-Ore.), Sheldon Whitehouse (D-R.I.), Ben Cardin (D-Md.), Kirsten Gillibrand (D-N.Y.), Amy Klobuchar (D-Minn.), Tina Smith (D-Minn.), Bernie Sanders (I-Vt.), Tammy Baldwin (D-Wisc.), Michael Bennet (D-Colo.), Catherine Cortez Masto (D-Nev.), Tim Kaine (D-Va.), Jeff Merkley (D-Ore.), Dick Durbin (D-Ill.), Dianne Feinstein (D-Calif.), Jacky Rosen (D-Nev.) and Jack Reed (D-R.I.). 

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

Dear Mr. Vought, 

We write today to express our profound opposition to President Trump’s recent Executive Order on Combating Race and Sex Stereotyping. The Executive Order and the Administration’s implementation actions to date are already stifling much-needed efforts in our states to reduce racial and sex-based discrimination. There is widespread uncertainty regarding the scope of the Executive Order, and some entities have cancelled their diversity and inclusion trainings altogether out of fear of losing federal funding. Given that the ongoing COVID-19 pandemic has exposed our nation’s stark racial inequities and other health disparities, the Administration should focus on reducing racial and sex-based discrimination rather than engaging in ill-informed political stunts. We urge you to immediately halt your efforts to implement this propagandist and deeply harmful Executive Order. 

On September 22, 2020, President Trump issued Executive Order 13950, which claims to “combat offensive and anti-American race and sex stereotyping and scapegoating” by prohibiting federal agencies, contractors, and grant recipients from using workplace training programs that promote “divisive concepts.”  According to the Executive Order, such concepts include that “one race or sex is inherently superior to another race or sex” and that “an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.” In your September 28, 2020 memorandum instructing the heads of executive departments and agencies on implementation, you stated that the Executive Order likely prohibits trainings that use terms such as “systemic racism,” “white privilege,” and “unconscious bias.” 

Legitimate diversity and inclusion training for federal employees, contractors, or federally supported entities would not promote repugnant ideas such as the “inherent superiority” of a particular race – and in fact such a training would already be illegal under longstanding anti-discrimination laws. However, by equating the acknowledgement of unconscious bias or systemic racism with claims of racial superiority, the Administration is purposefully sowing confusion and fear about our country’s growing diversity and recent political movements in support of racial equity. By creating vague and illogical requirements, the Administration is effectively discouraging entities from offering diversity and inclusion trainings altogether, which we fear is the underlying goal of this misguided effort. Additionally, the Executive Order is unclear about its applicability to federal grantees, creating widespread uncertainty among state governments and other federal grant recipients. 

Indeed, the Executive Order and your subsequent memorandum have exerted a chilling effect on both federal agencies and the many entities in our states that receive federal funding. The Department of Justice and the Department of Health and Human Services halted all diversity and inclusion trainings for managers and employees. The Health Resources and Services Administration has reportedly frozen funding for some state-run implicit bias trainings for hospitals and community health centers. Some colleges and universities paused or cancelled their diversity and inclusion trainings and other diversity-focused events out of fear of jeopardizing their federal funding.  Companies and non-profit organizations that hold contracts with the federal government cancelled or delayed their trainings. 

By continuing to implement this misguided policy during the final days of President Trump’s Administration, your agency is discouraging and needlessly politicizing critical efforts to end racial and sex-based discrimination. Once again, we urge you to immediately cease implementing this illogical and harmful Executive Order. Thank you for your prompt consideration of this urgent matter no later than December 23, 2020.

Sincerely, 

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner, Tim Kaine, and Gary Peters, introduced legislation that would block the implementation of an October 21 Executive Order by President Trump that would make it easier for the Administration to fire non-partisan civil servants with policy expertise.

“We cannot allow the President to deny federal employees crucial workplace protections,” said Senators Warner and Kaine. “Our federal workforce has been under unprecedented attacks by this administration, and this harmful decision only benefits the President’s loyalists instead of serving the interests of the American people.”

On October 21, President Trump signed an executive order that would allow agency heads to convert certain policy-centric positions to a new classification, Schedule F, where there is greater flexibility to fire those employees. Office of Personnel Management (OPM) Acting Director Michael Rigas issued preliminary guidance on October 23 that suggests a broad interpretation of the types of positions that would be eligible for conversion. This has created concern that the Administration could fire civil servants and create uncertainty in federal agencies that are critical to protecting the nation’s national security and addressing the ongoing pandemic. OPM has still not answered basic questions regarding the development, implementation, and potential consequences of this hastily issued executive order.

The legislation is also cosponsored by Senators Ben Cardin (D-MD), Richard Blumenthal (D-CT), Chris Van Hollen (D-MD), Sherrod Brown (D-OH), Chris Coons (D-DE), Jack Reed (D-RI), Ed Markey (D-MA), Brian Schatz (D-HI), Tammy Baldwin (D-WI), Kirsten Gillibrand (D-NY), Tammy Duckworth (D-IL), Amy Klobuchar (D-MN), Sheldon Whitehouse (D-RI), Patty Murray (D-WA), Tina Smith (D-MN), Tom Carper (D-DE), Elizabeth Warren (D-MA), Michael Bennet (D-CO), Bernie Sanders (I-VT), Bob Casey (D-PA), Bob Menendez (D-NJ), Doug Jones (D-AL), Mazie Hirono (D-HI), Dick Durbin (D-IL), Ron Wyden (D-OR), Cory Booker (D-NJ), Dianne Feinstein (D-CA), Kyrsten Simena (D-AZ), Jeff Merkley (D-OR), Jeanne Shaheen (D-NH), Jacky Rosen (D-NV), Tom Udall (D-NM), Martin Heinrich (D-NM), Jon Tester (D-MT), Maggie Hassan (D-NH), and Chris Murphy (D-CT).

Senators Warner and Kaine have been fierce advocates for Virginia’s federal employees. In February, the Senators sent a letter to President Trump urging him to reverse his decision that would negatively impact the collective bargaining rights of Department of Defense (DOD) employees. In March, the Senators also became cosponsors of the Protecting Collective Bargaining and Official Time for Federal Workers Act, a bill that would rescind four executive actions that restrict the effectiveness of unions for federal workers. During the longest government shutdown in U.S. history, the Senators took a series of actions to protect affected workers, including guaranteeing back pay for federal employees, urging back pay for contractors, introducing budget amendments to protect federal workers, and urging OPM to prevent the termination of dental and vision insurance for federal employees. 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-Va.) joined Sen. Chris Van Hollen (D-Md.) and Representative Gerry Connolly (D-Va.) in introducing bipartisan, bicameral legislation to make the payroll tax deferral outlined by President Trump optional for any worker whose employer chooses to participate, including federal employees and service members. The text of the Preventing Employees from Surprise Taxes Act can be found here.  

“Day in and day out our military members and federal employees work to help the American people, but instead of supporting these public servants, President Trump is using them as pawns in his political payroll tax scheme. This cannot stand. Our men and women in uniform and federal employees should be able to make the financial decisions that work best for them rather than be forced to participate in Trump’s PR stunt against their will. That’s why I’m glad to lead this bipartisan push and will continue fighting to get this done,” said Senator Van Hollen.

“I have heard from countless federal employees and service members concerned that they are going to be hit with a massive tax bill due to the Trump administration’s election year gimmick,” said Chairman Connolly.  “Our legislation will protect these public servants and give them a choice in participating in this program.”

In addition to Sens. Warner and Van Hollen, this legislation was cosponsored by Senators Susan Collins (R-Maine), Ron Wyden (D-Ore.), Ed Markey (D-Mass.), Elizabeth Warren (D-Mass.), Michael Bennet (D-Colo.), Kyrsten Sinema (D-Ariz.), Ben Cardin (D-Md.), Jack Reed (D-R.I.), Tim Kaine (D-Va.), Richard Blumenthal (D-Conn.), Sheldon Whitehouse (D-R.I.), Mazie Hirono (D-Hawaii), Dick Durbin (D-Ill.), Joe Manchin (D-W.Va.), Patty Murray (D-Wash.), and Dianne Feinstein (D-Calif.).

In the House the legislation is cosponsored by Representatives Don Beyer(D-Va.), Jennifer Wexton (D-Va.), Jamie Raskin (D-Md.), and Jim Costa (D-Calif.).

The legislation is supported by a number of organizations, including: the American Federation of Government Employees, the National Treasury Employees Union, the International Federation of Professional and Technical Engineers, the National Federation of Federal Employees, the Federal Employee Education and Assistance Fund, the Senior Executives Association, the Federal Managers Association, the Professional Managers Association, National Association of Assistant United States Attorneys, United Power Trades Organization, Antilles Consolidated Education Association, National Weather Service Employees Organization, Patent Office Professional Association, National Association of Government Employees, National Education Association, Social Security Works, Professional Aviation Safety Specialists, American Federation of State, County and Municipal Employees (AFSCME), Americans for Tax Fairness, the National Active and Retired Federal Employees Association, and the Federal Law Enforcement Officers Association.

Statements of support from many of these organizations can be found here.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) introduced the Chai Suthammanont Remembrance Act, legislation requiring federal agencies to establish and publish COVID-19 workplace protections. The bill, named after a Virginia federal worker who passed away from COVID-19 complications, would compel each federal agency to create and post concrete reopening plans online, at least 30 days prior to the return of federal employees. This legislation, which passed through the House of Representatives today, was introduced in the House by U.S. Rep. Gerry Connolly (D-VA).

Joining Sen. Warner in introducing this legislation are Sens. Tim Kaine (D-VA), Ben Cardin (D-MD), Chris Van Hollen (D-MD), and Sherrod Brown (D-OH).

“Throughout the COVID-19 crisis, federal employees have been hard at work to preserve essential government functions and ensure that the American people can continue to count on their government for vital guidance and assistance when they need it the most. However, this work should never come at the expense of workers’ lives, as was the case for Chai Suthammanont, a public servant from Virginia who passed from COVID-19 complications,” said Sen. Warner. “As public servants transition from remote to in-person work, the least we can do is avoid another tragedy and make sure that folks can return to a safe work environment. That’s why I introduced this legislation requiring federal agencies to publish their policies and procedures online, where federal workers and their families can access them before returning to work.”

“I want to thank Senator Warner for his work to protect the health and safety of our federal workforce. Chai was committed to his community, and for that, he gave up his life. Our bill will ensure federal employees have the most accurate and up-to-date information regarding their agencies’ reopening plans. We owe that to Chai and his family,” Rep. Connolly said.

According to this legislation, any federal agency reopening plan must include information on:

• The personal protective equipment (PPE) provided to employees 
• Additional cleaning protocols to be implemented by the agency
• Efforts to ensure social distancing at worksites
• Agency measures or efforts to protect employees who work outside of federal office buildings, such as auditors or inspectors
• Safety and health requirements for members of the public visiting federal facilities
• Contingency options for workers at high risk of contracting COVID-19
• Efforts to ensure continuity of agency operations, including contingency plans should there be a surge in COVID-19 cases

In addition to requiring federal agencies to publish their reopening plans online, this legislation would require each agency’s Inspector General to submit a timely review on whether that agency has provided adequate PPE for employees and whether it has complied with this legislation by publishing COVID-19 safety policies and procedures.

This bill has been endorsed by the American Federation of Government Employees (AFGE), National Treasury Employees Union (NTEU), International Federation of Professional and Technical Engineers (IFPTE), National Federation of Federal Employees (NFFE), and the Laborers’ International Union of North America (LIUNA).

Bill text is available here.

Sen. Warner has continued to be a longtime champion for federal workers during the COVID-19 crisis. In July, he joined a group of colleagues in urging Majority Leader Mitch McConnell and Minority Leader Chuck Schumer to include requirements to ensure maximum telework for federal employees and contractors in the next COVID-19 relief package. He also previously urged OMB and OPM to reverse course on plans to bring federal employees back to their worksites prematurely, and joined a number of his colleagues in requesting information regarding the safety of federal workers during the COVID-19 pandemic. Additionally, in March, he called on OMB and OPM to post department and agency contingency plans and urged the President to immediately issue an executive order directing agencies to utilize telework capabilities to the maximum possible extent.

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement following a report that the Trump Administration transferred detainees from COVID-19 hotspots in Florida and Arizona in order to access additional federal agents to end peaceful protests in Washington, D.C.:

“We are outraged by the recent news report. The transfers callously put federal employees, the Farmville community, and detainees at risk, in what appears to be an effort to add more federal agents to forcibly disperse peaceful protestors in Washington, D.C. this summer. For months, we have sounded the alarm about the dangers of transferring detained people between facilities during the pandemic, and we’re horrified by the administration’s actions. We will be demanding more answers from DHS and ICE today and will also request an investigation from the Office of the Inspector General in light of this incident.” 

Sens. Warner and Kaine have repeatedly pushed this Administration to prevent and mitigate the spread of COVID-19 in Virginia detention facilities. In June, after a transfer that 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 individuals 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 their 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.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-Va.) joined Sen. Chris Van Hollen (D-Md.) and a bipartisan group of Senators in sending a letter to Majority Leader Mitch McConnell and Minority Leader Chuck Schumer urging them to include maximum telework requirements for federal employees and contractors in the next coronavirus relief package. 

“As the Senate considers the next coronavirus relief package, we urge you to include requirements to ensure maximum telework for federal employees and contractors during the COVID-19 pandemic. Federal employees and contractors have been teleworking successfully throughout the COVID-19 public health emergency, many of whom have been keeping vital services running and implementing relief measures to support the economy and stop the spread of COVID-19,” the Senators begin.

“As new waves of COVID-19 cases continue to hit areas across the country, it is especially important for federal agencies to have a clear mandate that sets a positive example for employers to keep their workforces and communities safe. Plans to bring federal employees back into offices prematurely would threaten to erase the progress made against the coronavirus and increase community spread,” they continue. 

They emphasize the public health benefits of telework, writing, “All federal employees and contractors who can perform their duties remotely should be doing so. Agencies should enable telework for as many federal workers and contractor personnel as possible, and should continue to maximize telework throughout the pandemic. Telework protects not only federal employees from the spread of COVID-19, but also their families and the communities across the country in which they work.”

Along with Sens. Warner and Van Hollen, the letter was signed by Senators Lisa Murkowski (R-Alaska), Sherrod Brown (D-Ohio), Tim Kaine (D-Va.), Bernie Sanders (I-Vt.), Mazie Hirono (D-Hawaii), Elizabeth Warren (D-Mass.), Ron Wyden (D-Ore.), Kamala Harris (D-Calif.), Ben Cardin (D-Md.), Dianne Feinstein (D-Calif.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Kyrsten Sinema (D-Ariz.), Bob Casey (D-Pa.), Gary Peters (D-Mich.), Angus King (I-Maine), Maggie Hassan (D-N.H.), Jeanne Shaheen (D-N.H.), Richard Blumenthal (D-Conn.), and Debbie Stabenow (D-Mich.). 

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

Dear Leader McConnell and Leader Schumer: 

As the Senate considers the next coronavirus relief package, we urge you to include requirements to ensure maximum telework for federal employees and contractors during the COVID-19 pandemic. Federal employees and contractors have been teleworking successfully throughout the COVID-19 public health emergency, many of whom have been keeping vital services running and implementing relief measures to support the economy and stop the spread of COVID-19.

As new waves of COVID-19 cases continue to hit areas across the country, it is especially important for federal agencies to have a clear mandate that sets a positive example for employers to keep their workforces and communities safe. Plans to bring federal employees back into offices prematurely would threaten to erase the progress made against the coronavirus and increase community spread.

All federal employees and contractors who can perform their duties remotely should be doing so. Agencies should enable telework for as many federal workers and contractor personnel as possible, and should continue to maximize telework throughout the pandemic. Telework protects not only federal employees from the spread of COVID-19, but also their families and the communities across the country in which they work.

We appreciate your past support for federal employees and the funding provided in the CARES Act to help agencies expand telework. We ask that you continue this support by requiring maximum telework in the federal government during the COVID-19 pandemic as part of the next coronavirus relief package. 

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, pushed the Department of Defense (DoD) to issue guidance for uniformed, civilian, and contractor personnel to help them better understand their options for paid leave and telework amid the COVID-19 outbreak. In a letter to Secretary Mark T. Esper, Sen. Warner requested that the DoD clarify what types of leave are applicable in a variety of COVID-19 related scenarios, and provide guidance on the types of DoD workers that are eligible for telework.

“An area of particular concern is how administrative leave, weather and safety leave, sick leave, and annual leave apply under a variety of COVID-19 related scenarios,” wrote Sen. Warner. “These personnel should not face uncertainty or obstacles in their efforts to preserve our individual or collective health.” 

Currently, there is fragmentation in the DoD’s current leave policy that creates ambiguity regarding the kind of leave that would apply if employees needed to take time off work in the event that they were symptomatic, exposed but not symptomatic, or if they needed to care for family members who have contracted COVID-19. 

In his letter, Sen. Warner, who has heard from several Virginians who have been forbidden from teleworking despite considerable safety concerns, also urged the DoD to clarify which employees occupy mission-critical positions, and which are eligible for telework.

“The Office of Management and Budget (OMB) and Office of Personnel Management (OPM) issued guidance for agencies to expand telework flexibility, but at present, guidance issued by OMB, OPM, and the Department have ambiguity that is creating confusion and anxiety,” he continued. “Personnel whose duties and responsibilities do not immediately contribute to a critical national security function would benefit from a clear directive instructing them to work remotely and would make a significant impact for our nation.”

In his letter, Sen. Warner encouraged the Department to create further telework options, as appropriate, for employees currently deemed ineligible for telework in order to protect their safety and health and that of their family members. He also emphasized that any guidance should be consistent and transparent for all eligible personnel stationed across the country and abroad.  

Sen. Warner has been a strong advocate for federal workers amid the COVID-19 outbreak. Yesterday, he led seven of his Senate colleagues in calling on the Office of Management and Budget (OMB) and Office of Personnel Management (OPM) to post department and agency contingency plans amid the COVID-19 outbreak as more federal agencies begin to ramp up teleworking capabilities. Additionally, he has urged President Trump to immediately issue an executive order directing agencies to utilize telework capabilities to the maximum possible extent, and has called on the House and Senate to address the potential financial hardship for Congress’ support workforce if their work schedules are unexpectedly disrupted as the result of changes to congressional operations.

A copy of the letter is available here and below, and a full list of Sen. Warner’s work to protect Americans amid the coronavirus outbreak is available here.

The Honorable Mark T. Esper

Secretary

U.S. Department of Defense 

Washington, D.C.  20301

Dear Secretary Esper:

I write to ask you to clarify personnel policy governing the Department’s response to COVID-19 so that uniformed, civilian, and contractor personnel better understand how they can and should adapt to minimize the spread and impact of this virus.

An area of particular concern is how administrative leave, weather and safety leave, sick leave, and annual leave apply under a variety of COVID-19 related scenarios, to include for personnel whose normal duty station is a classified facility, whether personnel occupy a mission critical position or not, if they are symptomatic or exposed but not symptomatic, and if they must care for family members who have contracted COVID-19.

These personnel should not face uncertainty or obstacles in their efforts to preserve our individual or collective health. The Office of Management and Budget (OMB) and Office of Personnel Management (OPM) issued guidance for agencies to expand telework flexibility, but at present, guidance issued by OMB, OPM, and the Department have ambiguity that is creating confusion and anxiety.  For example, personnel should have due flexibility to telework, as appropriate, to protect their safety and health and that of their family members.

Personnel whose duties and responsibilities do not immediately contribute to a critical national security function would benefit from a clear directive instructing them to work remotely and would make a significant impact for our nation.  For personnel deemed ineligible for telework, the Department should investigate and create further options, when possible, to temporarily make them eligible. The urgency for the Department to take necessary steps and clarify concerns about telework options for personnel will ensure personnel do not feel aggrieved during the outbreak of COVID-19.  This guidance should be consistent and transparent for all eligible personnel stationed across the country and abroad.

Maintaining a healthy workforce with confidence in the government’s commitment to their welfare is of the utmost importance to us.  Thank you in advance for your prompt response and attention to this matter.

I look forward to working with you to address this matter of urgent priority.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Dick Durbin (D-IL), members of the Senate Committee on Rules and Administration, were joined by Sen. Sherrod Brown (D-OH) in sending a letter to the chairs and ranking members of the House and Senate committees responsible for Congressional administration, calling on them to address the potential financial hardship for Congress’ support workforce if they have to self-quarantine during this time or have their work schedules unexpectedly disrupted as the result of changes to congressional operations.

“Given the Legislative Branch’s extensive reliance on contract workers for a range of functions, including food service and janitorial work, we write to urge that you attempt to address the potential financial hardship for these workers if they have to self-quarantine due to COVID-19 or in the event the Congress adjourns for a prolonged state work period as a social distancing measure,” the Senators wrote.

In the letter, sent to Senate Committee on Rules and Administration Chairman Roy Blunt (R-MO), Ranking Member Amy Klobuchar (D-MN), Committee on House Administration Chairperson Zoe Lofgren (D-CA 19), and Ranking Member Rodney Davis (R-IL 13), the Senators highlighted the role that janitors, food service workers, and other support contractors play in maintaining the Capitol complex, which hosts three to five million visitors each year.

“We encourage you to consider ensuring any workers who follow novel coronavirus-related guidance from public health authorities—including directives to be tested, self-quarantine, or take other “social distancing” measures—have some financial forbearance,” the Senators continued. “While we are pleased that the Architect of the Capitol has directed contractors to provide paid administrative leave to any worker that has been confirmed to have COVID-19, we believe more expansive accommodations must be established to protect the public health and ensure workers don’t experience significant financial hardship in the wake of guidance from public health authorities.”

Earlier today, the House and Senate Sergeants at Arms ordered limited access throughout the U.S. Capitol complex beginning this evening and running through April 1, 2020. The Capitol Visitor Center will be closed to all tours. The U.S. Capitol and Senate office buildings will be limited to Members, Congressional staff, credentialed press, and official business visitors escorted by a staff member.

A copy of the letter is found here and below. A list of Sen. Warner’s work on coronavirus is available here.

March 12, 2020

The Honorable Roy Blunt

Chairman

Senate Committee on Rules & Administration

Russell 305

Washington, DC 20510 

The Honorable Zoe Lofgren

Chairperson

Committee on House Administration

Longworth 1309

Washington, DC 20515

The Honorable Amy Klobuchar

Ranking Member

Senate Committee on Rules & Administration

Russell 305

Washington, DC 20510

The Honorable Rodney Davis

Ranking Member

Committee on House Administration

Longworth 1309

Washington, DC 20515

Chairman Blunt, Ranking Member Klobuchar, Chairperson Lofgren & Ranking Member Davis:

As the United States mobilizes to respond to the recent outbreak and spread of COVID-19, the novel coronavirus, we urge you to take into consideration the well-being of all of Legislative Branch employees, including contract workers. The Centers for Disease Control and Prevention (CDC) put out a public health response to a potential coronavirus disease outbreak in the United States that included recommendations for social distancing.  The CDC is urging Americans to stay home when ill, work remotely, and seek medical care when infected. Out of an abundance of caution, workers who have had contact with confirmed COVID-19 patients have also been instructed to self-quarantine. In many contexts, employers have reduced operations, encouraging workers to stay at home on special leave prompted by the pandemic. Contract workers are critical to the daily function of the Capitol complex and surrounding buildings – a facility that hosts three to five million visitors each year. Approximately 60% of those visitors come to the Capitol complex between March and July.  

As The New York Times recently noted, however, following the CDC’s recommendations in response to the potential spread of the coronavirus is a luxury some workers can’t afford.  Some workers may simply not be able to follow these recommendations without experiencing some kind of financial hardship. Given the Legislative Branch’s extensive reliance on contract workers for a range of functions, including food service and janitorial work, we write to urge that you attempt to address the potential financial hardship for these workers if they have to self-quarantine due to COVID-19 or in the event the Congress adjourns for a prolonged state work period as a social distancing measure. 

Based on data from the Bureau of Labor Statistics (BLS) on benefits provision, service sector workers are likely some of the most vulnerable workers during a potential spread of the coronavirus. We know, for example, that only 44% of service sector workers, 23% of part-time workers, and 37% of workers in the bottom quartile of wages have access to a healthcare plan.   A majority of these workers also tend to work without access to paid leave. Only 43% of service sector workers, 23% of part-time workers, and 56% of workers in the bottom quartile of earnings have access to some type of paid leave.  This last statistic is particularly salient for public health reasons because we know that more than 43% of workers in the bottom quartile needed to take leave in 2018 for their own illness or medical care and didn’t take it.  Over 60% of those part-time and lowest-wage workers felt they did not have enough leave, could not afford the loss of income, feared negative employment repercussions, or simply did not have access.  

We encourage you to consider ensuring any workers who follow novel coronavirus-related guidance from public health authorities—including directives to be tested, self-quarantine, or take other “social distancing” measures—have some financial forbearance. While we are pleased that the Architect of the Capitol has directed contractors to provide paid administrative leave to any worker that has been confirmed to have COVID-19, we believe more expansive accommodations must be established to protect the public health and ensure workers don’t experience significant financial hardship in the wake of guidance from public health authorities. 

Again, we strongly urge that you attempt to address the potential financial hardship for Congress’ support workforce if they have to self-quarantine during this time or have their work schedules unexpectedly disrupted as the result of changes to congressional operations. In order to limit the spread of COVID-19, Congress must lead by example by committing that economic uncertainty will not deter these dedicated public servants from following public health guidance during the response.

Thank you in advance for your prompt attention to this matter. We look forward to working together on this critical issue moving forward.

Sincerely,

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, sent a letter to the Acting Director of National Intelligence (DNI) and the Director of the Office of Personnel Management (OPM) urging them to issue clear guidance that ensures the security clearances of intelligence community personnel and contractors will not be jeopardized due to the financial impact of the coronavirus outbreak.

“I write to ask you to issue guidance directing agencies to exercise appropriate leniency in considering how the coronavirus (COVID-19) may be negatively impacting adjudications for a security clearance or determination of trust,” wrote Sen. Warner.

A key element of the background investigation that supports a security clearance or a determination of trustworthiness is an individual’s financial stability. In his letter, Sen. Warner raised concerns that COVID-19’s impact could not only lead to financial duress for employees with security clearances, but that this financial duress could lead to delays in renewing security clearances. It could even result in personnel losing their positions in the event that they must heed the advice of health professionals and subsequently lose out on a paycheck in order to self-quarantine. The problem is particularly true for younger workers who lack a long credit history.

“While I understand that departments and agencies may already have certain discretion to consider broader contextual factors that may affect personnel vetting decisions, I ask you to issue clear and public guidance that departments and agencies may in no way penalize employees’ clearances or determinations of trustworthiness due to circumstances associated with coping with COVID-19. This guidance should apply to any information used in an initial clearance, a periodic reinvestigation, or a continuous evaluation program,” continued Sen. Warner.

Earlier this week, the Intelligence and National Security Alliance (INSA) issued a statement that supports Sen. Warner’s recommendation for the DNI Acting Director to mitigate the impact of the coronavirus by issuing guidance that acknowledges that “financial difficulties incurred as a result of a work stoppage should not be treated as derogatory factors affecting workers’ security clearances.”

A copy of the letter is found here and below. A list of Sen. Warner’s work on coronavirus is available here.

The Honorable Dale Cabaniss

Director, Office of Personnel Management

1900 E Street, NW

Washington, D.C.  20415

Ambassador Richard Grenell

Acting Director of National Intelligence

Washington, D.C.  20511

Dear Director Cabaniss and Acting Director Grenell:

I write to ask you to issue guidance directing agencies to ensure that the coronavirus (COVID-19) does not negatively impact adjudications for government or contractor employees’ security clearances or determinations of trust.

COVID-19 may have many effects on our workforce, to include financial difficulty and psychological stress.  Efforts to prevent the spread of COVID-19 may require government and contractor personnel to self-quarantine or tend to family members, which in may cause them miss payments on things like rent, mortgage, credit cards, or other forms of debt.  The impact may be particularly acute for hourly workers.  This could impact their credit scores and jeopardize their ability to secure or maintain a clearance or hold a position of trust.  The problem is particularly acute for younger workers who lack a long credit history.  Psychological strain can naturally accompany such circumstances, exacerbating the situation.

While I understand that departments and agencies may already have certain discretion to consider broader contextual factors that may affect personnel vetting decisions, I ask you to issue clear and public guidance to ensure that departments and agencies do not penalize employees’ clearances or determinations of trustworthiness due to circumstances associated with COVID-19.  This guidance should apply to any information used in an initial clearance, a periodic reinvestigation, or a continuous evaluation/vetting program.

Thank you for your prompt attention to this matter.

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Washington, D.C. — U.S. Senators Susan Collins (R-ME) and Mark Warner (D-VA) sent a letter to President Donald Trump urging him to reverse his decision that would negatively impact the collective bargaining rights of Department of Defense (DOD) employees.  The letter was also signed by Senators Ben Cardin (D-MD), Tim Kaine (D-VA), Chris Van Hollen (D-MD), and Gary Peters (D-MI).

“More than 700,000 Americans work civilian jobs for the Department of Defense.  They are dedicated to the Department’s mission and a part of the Department’s successes,” the Senators wrote.  “This new memorandum provides the Secretary of Defense and other department officials with the blanket authority to waive the collective bargaining rights of all of these employees when, in fact, labor organizations and collective bargaining in the civil service are in the public interest.”

“A fair collective bargaining process is a cornerstone of American labor law and a right afforded to employees within the federal government.  Any exemptions permitted by the process are not meant to be given widely to an entire Department as a sweeping declaration, but to be carefully considered,” the Senator continued.  “The Department of Defense has a history of working with labor unions that represent the interests of employees…We urge you to reconsider this new memorandum and work to protect the collective bargaining rights of federal employees, including those at the Department of Defense.” 

On January 29, 2020, President Trump issued a memorandum granting the Secretary of Defense the authority to exempt DOD agency employees from collective bargaining. 

Since enactment of the Civil Service Reform Act of 1978, no president has found it necessary to issue a blanket exemption of all DOD employees from collective bargaining.

Click HERE to read the letter.

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